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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5320 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5320

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2010

Mr. Waxman (for himself and Mr. Markey of Massachusetts) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Assistance, 
Quality, and Affordability Act of 2010''.
    (b) Table of Contents.--The table of contents of 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. Data on variances, exemptions, and persistent violations.
Sec. 6. Assistance for restructuring.
Sec. 7. Priority and weight of applications.
Sec. 8. Disadvantaged communities.
Sec. 9. Administration of State loan funds.
Sec. 10. Authorization of appropriations.
Sec. 11. Negotiation of contracts.
Sec. 12. Affordability of new standards.
Sec. 13. Focus on lifecycle costs.
Sec. 14. Enforcement.
Sec. 15. Reducing lead in drinking water.
Sec. 16. Endocrine disruptor screening program.
    (c) References.--Except as otherwise specified, whenever in this 
Act an amendment is expressed in terms of an amendment to a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of the Safe Drinking Water Act (42 U.S.C. 
300f et seq.).

SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.

    Subsection (e) of section 1442 (42 U.S.C. 300j-1(e)) is amended to 
read as follows:
    ``(e) Technical Assistance.--
            ``(1) In general.--The Administrator, directly or through 
        grants or cooperative agreements with nonprofit organizations, 
        may provide technical assistance to small public water systems 
        to enable such systems to achieve and maintain compliance with 
        applicable national primary drinking water regulations.
            ``(2) Types of assistance.--Technical assistance under 
        paragraph (1) may include on-site technical assistance and 
        compliance assistance; circuit-rider technical assistance 
        programs; on-site and regional training; assistance with 
        implementing source water protection programs; assistance with 
        increasing water or energy efficiency; assistance with 
        designing, installing, or operating sustainable energy 
        infrastructure to produce or capture sustainable energy on site 
        or through water transport; assistance with developing 
        technical, financial, and managerial capacity; assistance with 
        long-term infrastructure planning; assistance with applying for 
        funds from a State loan fund under section 1452; and assistance 
        with implementation of monitoring plans, rules, regulations, 
        and water security enhancements.
            ``(3) Priority.--In providing assistance under this 
        subsection, the Administrator shall give priority to assistance 
        that will promote compliance with national primary drinking 
        water standards, public health protection, and long term 
        sustainability of small public water systems. In awarding 
        grants and cooperative assistance under paragraph (1) to 
        nonprofit organizations, the Administrator shall (subject to 
        the preceding sentence) give greater weight to nonprofit 
        organizations that, as determined by the Administrator, are 
        most qualified and most effective.
            ``(4) Competitive procedures.--It is the presumption of 
        Congress that any award of assistance under this subsection 
        will be awarded using competitive procedures based on merit. If 
        assistance is awarded under this subsection using procedures 
        other than competitive procedures, the Administrator shall 
        submit to the Congress, within 90 days of the award decision, a 
        report explaining why competitive procedures were not used.
            ``(5) Funding.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                subsection $20,000,000 for each of fiscal years 2011 
                through 2015.
                    ``(B) Prohibition on earmarks.--No funds made 
                available under this subsection may be used to carry 
                out a provision or report language included primarily 
                at the request of a Member, Delegate, Resident 
                Commissioner, or Senator providing, authorizing or 
                recommending a specific amount of discretionary budget 
                authority, credit authority, or other spending 
                authority for a contract, loan, loan guarantee, grant, 
                loan authority, or other expenditure with or to an 
                entity, or targeted to a specific State, locality, or 
                Congressional district, other than through a statutory 
                or administrative formula-driven or competitive award 
                process.
                    ``(C) Lobbying expenses.--No portion of any State 
                loan fund established under section 1452 and no portion 
                of any funds made available under this subsection may 
                be used for lobbying expenses.
                    ``(D) Indian tribes.--Of the total amount made 
                available under this section for each fiscal year, 3 
                percent shall be used for technical assistance to 
                public water systems owned or operated by Indian 
                Tribes.''.

SEC. 3. PREVAILING WAGES.

    Subsection (e) of section 1450 (42 U.S.C. 300j-9) is amended to 
read as follows:
    ``(e) Labor Standards.--
            ``(1) In general.--The Administrator shall take such action 
        as the Administrator determines to be necessary to ensure that 
        each laborer and mechanic employed by a contractor or 
        subcontractor of a construction project financed, in whole or 
        in part, by a grant, loan, loan guarantee, refinancing, or any 
        other form of financial assistance provided under this title 
        (including assistance provided by a State loan fund established 
        under section 1452) is paid wages at a rate of not less than 
        the wages prevailing for the same type of work on similar 
        construction in the immediate locality, as determined by the 
        Secretary of Labor in accordance with subchapter IV of chapter 
        31 of title 40, United States Code.
            ``(2) Authority of secretary of labor.--With respect to the 
        labor standards specified in this subsection, the Secretary of 
        Labor shall have the authority and functions established in 
        Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.''.

SEC. 4. USE OF FUNDS.

    Section 1452(a)(2) (42 U.S.C. 300j-12(a)(2)) is amended--
            (1) by striking ``Except as otherwise'' and inserting the 
        following:
                    ``(A) In general.--Except as otherwise'';
            (2) by striking ``Financial assistance under this section'' 
        and inserting the following:
                    ``(B) Permissible expenditures.--Financial 
                assistance under this section'';
            (3) by striking ``The funds may also be used'' and 
        inserting the following:
                    ``(D) Certain loans.--Financial assistance under 
                this section may also be used'';
            (4) by striking ``The funds shall not be used'' and 
        inserting the following:
                    ``(E) Limitation.--Financial assistance under this 
                section shall not be used'';
            (5) by striking ``Of the amount credited'' and inserting 
        the following:
                    ``(F) Set aside.--Of the amount credited'';
            (6) in subparagraph (B) (as designated by paragraph (2)) by 
        striking ``(not'' and inserting ``(including expenditures for 
        planning, design, siting, and associated preconstruction 
        activities, for replacing or rehabilitating aging treatment, 
        storage, or distribution facilities of public water systems, or 
        for producing or capturing sustainable energy on site or 
        through the transportation of water through the public water 
        system, but not''; and
            (7) by inserting after such subparagraph (B) the following:
                    ``(C) Sale of bonds.--If a State issues revenue or 
                general obligation bonds to provide all or part of the 
                State contribution required by subsection (e), and the 
                proceeds of the sale of such bonds will be deposited 
                into the State loan fund--
                            ``(i) financial assistance made available 
                        under this section may be used by the State as 
                        security for payment of the principal and 
                        interest on such bonds; and
                            ``(ii) interest earnings of the State loan 
                        fund may be used by the State as revenue for 
                        payment of the principal and interest on such 
                        bonds.''.

SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PERSISTENT VIOLATIONS.

    Section 1452(b)(2) (42 U.S.C. 300j-12(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period as the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) a list of all water systems within the State 
                that have in effect an exemption or variance for any 
                national primary drinking water regulation or that are 
                in persistent violation of the requirements for any 
                maximum contaminant level or treatment technique under 
                a national primary drinking water regulation, including 
                identification of--
                            ``(i) the national primary drinking water 
                        regulation in question for each such exemption, 
                        variance, or violation; and
                            ``(ii) the date on which the exemption or 
                        variance came into effect or the violation 
                        began.''.

SEC. 6. ASSISTANCE FOR RESTRUCTURING.

    (a) Definition.--Section 1401 (42 U.S.C. 300f) is amended by adding 
at the end the following:
            ``(17) Restructuring.--The term `restructuring' means 
        changes in operations (including ownership, management, 
        cooperative partnerships, joint purchasing arrangements, 
        consolidation, and alternative water supply).''.
    (b) Restructuring.--Clause (ii) of section 1452(a)(3)(B) (42 U.S.C. 
300j-12(a)(3)(B)) is amended by striking ``changes in operations 
(including ownership, management, accounting, rates, maintenance, 
consolidation, alternative water supply, or other procedures)'' and 
inserting ``restructuring''.

SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS.

    (a) Priority.--Section 1452(b)(3) (42 U.S.C. 300j-12(b)(3)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) improve the ability of systems to 
                        protect human health and comply with the 
                        requirements of this title affordably in the 
                        future.'';
            (2) by redesignating subparagraph (B) as subparagraph (D);
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Affordability of new standards.--For any year 
                in which enforcement begins for a new national primary 
                drinking water standard, each State that has entered 
                into a capitalization agreement pursuant to this 
                section shall evaluate whether capital improvements 
                required to meet the standard are affordable for 
                disadvantaged communities in the State. If the State 
                finds that such capital improvements do not meet 
                affordability criteria for disadvantaged communities in 
                the State, the State's intended use plan shall provide 
                that priority for the use of funds for such year be 
                given to public water systems affected by the standard 
                and serving disadvantaged communities.
                    ``(C) Weight given to applications.--After 
                determining priority under subparagraphs (A) and (B), 
                an intended use plan shall provide that the State will 
                give greater weight to an application for assistance if 
                the application contains--
                            ``(i) a description of measures undertaken 
                        by the system to improve the management and 
                        financial stability of the system, which may 
                        include--
                                    ``(I) an inventory of assets, 
                                including a description of the 
                                condition of the assets;
                                    ``(II) a schedule for replacement 
                                of assets;
                                    ``(III) an audit of water losses;
                                    ``(IV) a financing plan that 
                                factors in all lifecycle costs 
                                indicating sources of revenue from 
                                ratepayers, grants, bonds, other loans, 
                                and other sources to meet the costs; 
                                and
                                    ``(V) a review of options for 
                                restructuring;
                            ``(ii) a demonstration of consistency with 
                        State, regional, and municipal watershed plans;
                            ``(iii) a water conservation plan 
                        consistent with guidelines developed for such 
                        plans by the Administrator under section 
                        1455(a); and
                            ``(iv) a description of measures undertaken 
                        by the system to improve the efficiency of the 
                        system or reduce the system's environmental 
                        impact, which may include--
                                    ``(I) water efficiency or 
                                conservation, including the 
                                rehabilitation or replacement of 
                                existing leaking pipes;
                                    ``(II) use of reclaimed water;
                                    ``(III) actions to increase energy 
                                efficiency;
                                    ``(IV) actions to generate or 
                                capture sustainable energy on site or 
                                through the transportation of water 
                                through the system;
                                    ``(V) actions to protect source 
                                water; and
                                    ``(VI) actions to reduce 
                                disinfection byproducts.''; and
            (4) in subparagraph (D) (as redesignated by paragraph (2)) 
        by striking ``periodically'' and inserting ``at least 
        biennially''.
    (b) Guidance.--Section 1452 (42 U.S.C. 300j-12) is amended--
            (1) by redesignating subsection (r) as subsection (s); and
            (2) by inserting after subsection (q) the following:
    ``(r) Small System Guidance.--The Administrator may provide 
guidance and, as appropriate, tools, methodologies, or computer 
software, to assist small systems in undertaking measures to improve 
the management, financial stability, and efficiency of the system or 
reduce the system's environmental impact.''.

SEC. 8. DISADVANTAGED COMMUNITIES.

    (a) Assistance To Increase Compliance.--Section 1452(b)(3) (42 
U.S.C. 300j-12(b)(3)), as amended, is further amended by adding at the 
end the following:
                    ``(E) Assistance to increase compliance.--A State's 
                intended use plan shall provide that, of the funds 
                received by the State through a capitalization grant 
                under this section for a fiscal year, the State will, 
                to the extent that there are sufficient eligible 
                project applications, reserve not less than 4 percent 
                to be spent on assistance under subsection (d) to 
                public water systems included in the State's most 
                recent list under paragraph (2)(D).''.
    (b) Assistance for Disadvantaged Communities.--Section 1452(d) (42 
U.S.C. 300j-12(d)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``Such additional subsidization shall directly and primarily 
        benefit the disadvantaged community.''; and
            (2) in paragraph (3), by inserting ``, or portion of a 
        service area,'' after ``service area''.

SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS.

    Section 1452(g) (42 U.S.C. 300j-12(g)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``up to 4 
                percent of the funds allotted to the State under this 
                section'' and inserting ``, for each fiscal year, an 
                amount that does not exceed the sum of the amount of 
                any fees collected by the State for use in covering 
                reasonable costs of administration of programs under 
                this section, regardless of the source, and an amount 
                equal to the greatest of $400,000, \1/5\ of one percent 
                of the current valuation of the State loan fund, or 6 
                percent of all grant awards to the State loan fund 
                under this section for the fiscal year,''; and
                    (B) by striking ``1419,'' and all that follows 
                through ``1993.'' and inserting ``1419.''; and
            (2) by adding at the end the following:
            ``(5) Transfer of funds.--
                    ``(A) In general.--The Governor of a State may--
                            ``(i) reserve for any fiscal year not more 
                        than the lesser of--
                                    ``(I) 33 percent of a 
                                capitalization grant made under this 
                                section; or
                                    ``(II) 33 percent of a 
                                capitalization grant made under section 
                                601 of the Federal Water Pollution 
                                Control Act; and
                            ``(ii) add the funds so reserved to any 
                        funds provided to the State under this section 
                        or section 601 of the Federal Water Pollution 
                        Control Act.
                    ``(B) State matching funds.--Funds reserved under 
                this paragraph shall not be considered for purposes of 
                calculating the amount of a State contribution required 
                by subsection (e) of this section or section 602(b) of 
                the Federal Water Pollution Control Act.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (m) of section 1452 (42 U.S.C. 300j-12) is amended to 
read as follows:
    ``(m) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $1,500,000,000 for fiscal year 2011;
                    ``(B) $2,000,000,000 for each of fiscal years 2012 
                and 2013;
                    ``(C) $3,200,000,000 for fiscal year 2014; and
                    ``(D) $6,000,000,000 for fiscal year 2015.
            ``(2) Availability.--Amounts made available pursuant to 
        this subsection shall remain available until expended.
            ``(3) Reservation for needs surveys.--Of the amount made 
        available under paragraph (1) to carry out this section for a 
        fiscal year, the Administrator may reserve not more than 
        $1,000,000 per year to pay the costs of conducting needs 
        surveys under subsection (h).''.

SEC. 11. NEGOTIATION OF CONTRACTS.

    Section 1452 (42 U.S.C. 300j-12), as amended, is further amended by 
adding at the end the following:
    ``(t) Negotiation of Contracts.--For community water systems 
serving communities with populations of more than 10,000 individuals, a 
contract to be carried out using funds made available through a 
capitalization grant under this section for program management, 
construction management, feasibility studies, preliminary engineering, 
design, engineering, surveying, mapping, or architectural or related 
services shall be negotiated in the same manner as--
            ``(1) a contract for architectural and engineering services 
        is negotiated under chapter 11 of title 40, United States Code; 
        or
            ``(2) a contract subject to an equivalent State or local 
        qualifications-based requirement (as determined by the Governor 
        of the State).''.

SEC. 12. AFFORDABILITY OF NEW STANDARDS.

    (a) Treatment Technologies for Small Public Water Systems.--Clause 
(ii) of section 1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)) is amended by 
adding at the end the following: ``If no technology, treatment 
technique, or other means is included in a list under this subparagraph 
for a category of small public water systems, the Administrator shall 
periodically review the list and supplement it when new technology 
becomes available.''.
    (b) Assistance for Disadvantaged Communities.--
            (1) In general.--Subparagraph (E) of section 1452(a)(1) (42 
        U.S.C. 300j-12(a)(1)) is amended--
                    (A) by striking ``except that the Administrator may 
                reserve'' and inserting ``except that--
                            ``(i) in any year in which enforcement of a 
                        new national primary drinking water standard 
                        begins, the Administrator may use the remaining 
                        amount to make grants to States whose public 
                        water systems are disproportionately affected 
                        by the new standard for the provision of 
                        assistance under subsection (d) to such public 
                        water systems;
                            ``(ii) the Administrator may reserve''; and
                    (B) by striking ``and none of the funds 
                reallotted'' and inserting ``; and
                            ``(iii) none of the funds reallotted''.
            (2) Elimination of certain provisions.--
                    (A) Section 1412(b) (42 U.S.C. 300g-1(b)) is 
                amended by striking paragraph (15).
                    (B) Section 1415 (42 U.S.C. 300g-4) is amended by 
                striking subsection (e).
            (3) Conforming amendment.--Subparagraph (B) of section 
        1414(c)(1) (42 U.S.C. 300g-3(c)(1)(B)) is amended by striking 
        ``(a)(2), or (e)'' and inserting ``or (a)(2)''.

SEC. 13. FOCUS ON LIFECYCLE COSTS.

    Section 1412(b)(4) (42 U.S.C. 300g-1(b)(4)) is amended--
            (1) in subparagraph (D), by striking ``taking cost into 
        consideration'' and inserting ``taking lifecycle costs, 
        including maintenance, replacement, and avoided costs, into 
        consideration''; and
            (2) in the matter preceding subclause (I) in subparagraph 
        (E)(ii), by inserting ``taking lifecycle costs, including 
        maintenance, replacement, and avoided costs, into 
        consideration,'' after ``as determined by the Administrator in 
        consultation with the States,''.

SEC. 14. ENFORCEMENT.

    (a) Advice and Technical Assistance.--Section 1414 (42 U.S.C. 300g-
3) is amended--
            (1) in the matter following clause (ii) in subsection 
        (a)(1)(A), by striking ``and provide such advice and technical 
        assistance to such State and public water system as may be 
        appropriate to bring the system into compliance with the 
        requirement by the earliest feasible time''; and
            (2) in subsection (a)(1), by adding at the end the 
        following:
                    ``(C) At any time after providing notice of a 
                violation to a State and public water system under 
                subparagraph (A), the Administrator may provide such 
                advice and technical assistance to such State and 
                public water system as may be appropriate to bring the 
                system into compliance with the requirement by the 
                earliest feasible time. In deciding whether the 
                provision of advice or technical assistance is 
                appropriate, the Administrator may consider the 
                potential for the violation to result in serious 
                adverse effects to human health, whether the violation 
                has occurred continuously or frequently, and the 
                effectiveness of past technical assistance efforts.''.
    (b) Additional Inspections.--
            (1) In general.--Section 1414 (42 U.S.C. 300g-3) is 
        amended--
                    (A) by redesignating subsections (d) through (i) as 
                subsections (e) through (j), respectively; and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Additional Inspections Following Violations.--
            ``(1) In general.--The Administrator shall, by regulation, 
        and after consultation with the States, prescribe the number, 
        frequency, and type of additional inspections to follow any 
        violation requiring notice under subsection (c). Regulations 
        under this subsection shall--
                    ``(A) take into account--
                            ``(i) differences between violations that 
                        are intermittent or infrequent and violations 
                        that are continuous or frequent;
                            ``(ii) the seriousness of any potential 
                        adverse health effects that may be involved; 
                        and
                            ``(iii) the number and severity of past 
                        violations by the public water system; and
                    ``(B) specify procedures for inspections following 
                a violation by a public water system that has the 
                potential to have serious adverse effects on human 
                health as a result of short-term exposure.
            ``(2) State primary enforcement responsibility.--Nothing in 
        this subsection shall be construed or applied to modify the 
        requirements of section 1413.''.
            (2) Conforming amendments.--
                    (A) Subsections (a)(1)(B), (a)(2)(A), and (b) of 
                section 1414 (42 U.S.C. 300g-3) are amended by striking 
                ``subsection (g)'' each place it appears and inserting 
                ``subsection (h)''.
                    (B) Section 1448(a) is amended by striking 
                ``1414(g)(3)(B)'' and inserting ``1414(h)(3)(B)''.

SEC. 15. REDUCING LEAD IN DRINKING WATER.

    (a) In General.--Section 1417 (42 U.S.C. 300g-6) is amended--
            (1) by adding at the end of subsection (a) the following:
            ``(4) Exemptions.--The prohibitions in paragraphs (1) and 
        (3) shall not apply to--
                    ``(A) pipes, pipe fittings, plumbing fittings, or 
                fixtures, including backflow preventers, that are used 
                exclusively for nonpotable services such as 
                manufacturing, industrial processing, irrigation, 
                outdoor watering, or any other uses where the water is 
                not anticipated to be used for human consumption; or
                    ``(B) toilets, bidets, urinals, fill valves, 
                flushometer valves, tub fillers, shower valves, service 
                saddles, or water distribution main gate valves that 
                are 2 inches in diameter or larger.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Definition of Lead Free.--
            ``(1) In general.--For the purposes of this section, the 
        term `lead free' means--
                    ``(A) not containing more than 0.2 percent lead 
                when used with respect to solder and flux; and
                    ``(B) not more than a weighted average of 0.25 
                percent when used with respect to the wetted surfaces 
                of pipes, pipe fittings, plumbing fittings, and 
                fixtures.
            ``(2) Calculation.--The weighted average lead content of a 
        pipe, pipe fitting, plumbing fitting, or fixture shall be 
        calculated by using the following formula: For each wetted 
        component, the percentage of lead in the component shall be 
        multiplied by the ratio of the wetted surface area of that 
        component to the total wetted surface area of the entire 
        product to arrive at the weighted percentage of lead of the 
        component. The weighted percentage of lead of each wetted 
        component shall be added together and the sum of these weighted 
        percentages shall constitute the weighted average lead content 
        of the product. The lead content of the material used to 
        produce wetted components shall be used to determine compliance 
        with paragraph (1)(B). For lead content of materials that are 
        provided as a range, the maximum content of the range shall be 
        used.''.
    (b) Effective Date.--The provisions of subsections (a)(4) and (d) 
of section 1417 of the Safe Drinking Water Act, as added by this 
section, apply beginning on January 1, 2012.

SEC. 16. ENDOCRINE DISRUPTOR SCREENING PROGRAM.

    Section 1457 of the Safe Drinking Water Act (42 U.S.C. 300j-17) is 
amended to read as follows:

                ``endocrine disruptor screening program

    ``Sec. 1457.  (a) Testing of Substances.--
    ``(1) In General.--In carrying out the screening program under 
section 408(p) of the Federal Food, Drug, and Cosmetic Act, the 
Administrator shall provide for the testing of substances described in 
paragraph (2) in addition to the substances described in section 
408(p)(3) of such Act.
    ``(2) Covered Substances.--A substance is subject to testing 
pursuant to paragraph (1) if--
            ``(A) the substance may be found in sources of drinking 
        water; and
            ``(B) the Administrator determines that a substantial 
        population may be exposed to such substance.
    ``(3) Substances Already Subject to Testing.--Notwithstanding 
paragraph (2), a substance is not subject to testing pursuant to 
paragraph (1) if--
            ``(A) the substance is already subject to evaluation 
        determined by the Administrator to be equivalent to testing 
        pursuant to paragraph (1); or
            ``(B) the Administrator has already determined the effect 
        of the substance on the endocrine system.
    ``(4) Substances Derived From Degradation or Metabolism of Another 
Substance.--If a substance subject to testing pursuant to paragraph (1) 
(in this paragraph referred to as the `covered substance') is derived 
from the degradation or metabolism of another substance, or is used in 
or generated by the manufacture of another substance, the Administrator 
shall provide for such testing of the covered substance by the importer 
or manufacturer of the other substance.
    ``(b) Identification and Testing of Endocrine Disrupting Substances 
That May Be in Drinking Water.--
            ``(1) Identification.--Not later than 1 year after the date 
        of the enactment of the Endocrine Disruptor Screening 
        Enhancement Act of 2010, after opportunity for comment, the 
        Administrator shall publish--
                    ``(A) a list of no fewer than 100 substances for 
                testing pursuant to subsection (a)(1) (in accordance 
                with the schedule specified in paragraph (3)); and
                    ``(B) a plan for the identification of additional 
                substances for testing pursuant to subsection (a)(1), 
                and a schedule for issuing test orders for all such 
                additional substances by not later than 10 years after 
                the date of the enactment of the Endocrine Disruptor 
                Screening Enhancement Act of 2010, with the goal of 
                testing, at a minimum and consistent with subsection 
                (a), all substances that have been placed on the 
                Drinking Water Preliminary Contaminant Candidate List 
                published pursuant to section 1412(b)(1)(B)(i).
        In publishing the plan and schedule required by subparagraph 
        (B), the Administrator shall obtain advice and direction from 
        the Science Advisory Board.
            ``(2) Prioritization; considerations.--In selecting 
        substances for listing under paragraph (1)(A) or identification 
        pursuant to the plan under paragraph (1)(B), the 
        Administrator--
                    ``(A) shall prioritize the selection of substances 
                that pose the greatest public health concern, taking 
                into consideration (among other factors of public 
                health concern) the effect of such substances on 
                subgroups that comprise a meaningful portion of the 
                general population (such as infants, children, pregnant 
                women, the elderly, individuals with a history of 
                serious illness, and other subpopulations) that are 
                identifiable as being at greater risk of adverse health 
                effects due to exposure to substances in drinking 
                water; and
                    ``(B) shall take into consideration--
                            ``(i) available information on the extent 
                        of potential public exposures to the substances 
                        through drinking water; and
                            ``(ii) the Drinking Water Preliminary 
                        Contaminant Candidate List published pursuant 
                        to section 1412(b)(1)(B)(i).
            ``(3) Schedule.--After publication of the list under 
        paragraph (1)(A), the Administrator shall issue test orders 
        for--
                    ``(A) at least 25 substances on the list by the end 
                of each year during the 4-year period following the 
                date of the enactment of the Endocrine Disruptor 
                Screening Enhancement Act of 2010; and
                    ``(B) all substances on the list by the end of such 
                4-year period.
    ``(c) Testing Protocol Process.--
            ``(1) In general.--Not later than 2 years after the date of 
        the enactment of the Endocrine Disruptor Screening Enhancement 
        Act of 2010, the Administrator shall, after opportunity for 
        comment, and after obtaining advice and direction from the 
        Science Advisory Board, publish guidance on developing and 
        updating protocols for testing of possible endocrine 
        disruptors. The guidance shall specify--
                    ``(A) the manner in which the Administrator will 
                evaluate and, where necessary, revise such protocols;
                    ``(B) the manner in which the Administrator will 
                determine when testing of substances will be required; 
                and
                    ``(C) the procedures by which other scientifically 
                relevant information can be used in lieu of some or all 
                of the information that otherwise would be collected 
                pursuant to testing under section 408(p) of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(2) Minimum contents.--The procedures specified pursuant 
        to paragraph (1)(C) shall ensure that the Administrator may use 
        information that is prepared or provided by any person 
        (including a registrant, manufacturer, or importer of a 
        substance for which testing is required, and any other entity) 
        and shall apply equally with respect to any such person.
            ``(3) Amendments.--The Administrator may, after opportunity 
        for comment, and after obtaining advice and direction from the 
        Science Advisory Board, amend any guidance published pursuant 
        to this subsection.
    ``(d) Revision of Testing Protocols.--Not later than 2 years after 
the date of the enactment of the Endocrine Disruptor Screening 
Enhancement Act of 2010, the Administrator shall, after opportunity for 
comment, determine whether sufficient scientific information has been 
developed to warrant updating the screening protocols developed under 
section 408(p) of the Federal Food, Drug, and Cosmetic Act. Not later 
than 5 years after the date of the enactment of the Endocrine Disruptor 
Screening Enhancement Act of 2010 and every 3 years thereafter, the 
Administrator shall determine, consistent with the guidance published 
under subsection (c), whether to revise screening protocols under such 
section based on significant improvements in the sensitivity, accuracy, 
reliability, reproducibility, or efficiency of such protocols. Whenever 
the Administrator revises such a protocol, the Administrator shall also 
determine, after obtaining advice and direction from the Science 
Advisory Board or the advisory panel referred to in section 25(d) of 
the Federal Insecticide, Fungicide, and Rodenticide Act, as 
appropriate, whether any substance that has already been subjected to 
testing should be tested using the revised protocol.
    ``(e) Acceleration of Testing for Certain Substances.--
            ``(1) In general.--If the Administrator determines that--
                    ``(A) a substance is known to be found in sources 
                of drinking water,
                    ``(B) a substantial population is known to be 
                exposed to the substance, and
                    ``(C) the substance is either suspected to be an 
                endocrine disruptor or has a structural similarity to a 
                substance known to be an endocrine disruptor,
        the Administrator shall determine whether to require the 
        completion of testing for such substance on an accelerated 
        schedule, to enable the Administrator to determine the effect 
        of such substance on the endocrine system and ensure the 
        protection of public health.
            ``(2) Scientifically relevant information.--The 
        Administrator shall make any determination under paragraph (1) 
        using scientifically relevant information. In carrying out the 
        preceding sentence, the Administrator may rely on any available 
        scientifically relevant information, prepared or provided by 
        any person.
            ``(3) Guidance.--Not later than 1 year after the date of 
        the enactment of the Endocrine Disruptor Screening Enhancement 
        Act of 2010, the Administrator shall, after opportunity for 
        comment, publish guidance on how the Administrator will make 
        determinations under paragraph (1).
    ``(f) Results of Testing.--
            ``(1) Publication of data evaluation records.--Not later 
        than 6 months after receipt of testing results for a substance, 
        the Administrator shall prepare and, consistent with subsection 
        (g), publish data evaluation records for such results in a 
        publicly searchable database.
            ``(2) Administrative action.--Not later than 6 months after 
        receipt of testing results for a substance, the Administrator 
        shall--
                    ``(A) determine whether to take action related to 
                the substance under section 1412(b) or 1445, or other 
                appropriate statutory authority; and
                    ``(B) consistent with subsection (g), publish such 
                determination in a publicly searchable database.
            ``(3) Structured evaluation framework.--To assess the 
        overall weight of the evidence and relevance to humans and 
        wildlife of results of testing, the Administrator shall develop 
        and use a structured evaluative framework consisting of 
        science-based criteria, consistent with the protection of 
        public health and the environment, for systematically 
        evaluating endocrine mode of action and for determining data 
        relevance, quality, and reliability.
    ``(g) Public Database.--Beginning not later than 180 days after the 
date of the enactment of the Endocrine Disruptor Screening Enhancement 
Act of 2010 and consistent with section 552 of title 5, United States 
Code, the Administrator shall publish, in electronic format, a publicly 
searchable database that contains information regarding the testing 
program. Not later than 30 days after the date on which the information 
becomes available, the Administrator shall ensure that, at a minimum, 
the database--
            ``(1) identifies the substances selected for testing under 
        the program; and
            ``(2) includes the documents and information pertaining to 
        the status of testing activities for each such substance, 
        including test orders, deadlines for submission, the 
        Environmental Protection Agency's data evaluation records, the 
        Administrator's determination on whether regulatory action will 
        be taken under subsection (f), and the summary of chemical test 
        results.
    ``(h) Petition for Inclusion of a Substance in the Program.--
            ``(1) In general.--Any person may submit a petition the 
        Administrator to--
                    ``(A) add a substance to the list under subsection 
                (b)(1)(A) or identify a substance pursuant to the plan 
                under subsection (b)(1)(B); or
                    ``(B) issue a test order requiring that a substance 
                be tested on an accelerated basis in accordance with 
                subsection (e).
            ``(2) Specification of facts.--Any petition under paragraph 
        (1) shall specify the facts that are claimed to establish that 
        an action described in subparagraph (A) or (B) of paragraph (1) 
        is warranted.
            ``(3) Administrative action.--Not later than 90 days after 
        the filing of a petition described under paragraph (1), the 
        Administrator shall determine whether the petition has 
        established that an action described in subparagraph (A) or (B) 
        of paragraph (1) is warranted and shall grant or deny the 
        petition. If the Administrator grants such petition, the 
        Administrator shall promptly add the substance to the list 
        under subsection (b)(1)(A), identify the substance pursuant to 
        the plan under subsection (b)(1)(B), or issue an order 
        requiring testing on an accelerated basis in accordance with 
        subsection (e), as applicable. If the Administrator denies the 
        petition, the Administrator shall publish the reasons for such 
        denial in the Federal Register.
    ``(i) Coordination With Other Federal Agencies.--After the 
Administrator--
            ``(1) requires testing of a substance, or
            ``(2) based in whole or in part on the results of testing, 
        takes action related to a substance under section 1412(b) or 
        1445 or other appropriate statutory authority,
the Administrator shall give notice of such testing or action to 
Federal agencies which are authorized by other provisions of law to 
regulate the substance or products, materials, medications, processes, 
or practices that use the substance.
    ``(j) Reporting Requirement.--Not later than 1 year after the date 
of the enactment of the Endocrine Disruptor Screening Enhancement Act 
of 2010 and every 3 years thereafter, the Administrator shall provide a 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate that describes--
            ``(1) progress made in identifying, testing, and regulating 
        endocrine disruptors as well as plans for future activities;
            ``(2) any change in screening or testing methodology and 
        evaluation or criteria for evaluating scientifically relevant 
        information;
            ``(3) actions taken to ensure communication and sharing of 
        scientific information with other Federal agencies and the 
        public; and
            ``(4) any deviations from the plan or schedule published 
        under subsection (b)(1)(B) as well as the reasons therefor.
    ``(k) Testing Consortia, Compensation, and Compliance.--
            ``(1) In general.--Any person required by the Administrator 
        to conduct testing of an endocrine disruptor may--
                    ``(A) submit, on its own, data in response to an 
                order for such testing; and
                    ``(B) form (on a voluntary basis) a consortium in 
                order to satisfy the requirements of one or more orders 
                for such testing.
            ``(2) Reliance on consortium submissions.--Each member of a 
        consortium described in paragraph (1)(B) shall have full rights 
        to rely on all submissions of the consortium to satisfy the 
        requirements of any order for testing, but continues to be 
        individually subject to such requirements.
            ``(3) Sharing of costs.--
                    ``(A) In general.--Each member of a consortium 
                described in paragraph (1)(B) shall share the 
                applicable costs according to appropriate arrangements 
                established by the consortium members.
                    ``(B) Binding offer.--Whenever, to satisfy the 
                requirements of one or more orders for testing, any 
                person offers to form or join a consortium described in 
                paragraph (1)(B), or offers compensation to a person 
                that has already submitted data to the Administrator 
                satisfying an order for testing, such offer shall 
                constitute a binding offer to share an appropriate 
                portion of the applicable costs.
                    ``(C) Applicable costs.--In this subsection, the 
                term `applicable costs' includes the costs--
                            ``(i) incurred to generate and report 
                        information to comply with an order for 
                        testing; or
                            ``(ii) associated with the organization and 
                        administration of the consortium.
            ``(4) Dispute resolution.--
                    ``(A) In general.--In the event of any dispute 
                about an appropriate share or a fair method of 
                determining an appropriate share of applicable costs of 
                the testing requirements in a test order, any person 
                involved in the dispute may initiate binding 
                arbitration proceedings by requesting the Federal 
                Mediation and Conciliation Service to appoint an 
                arbitrator from the roster of arbitrators maintained by 
                such Service or a hearing with a regional office of the 
                American Arbitration Association. A copy of the request 
                shall be sent to each person from whom the requesting 
                party seeks compensation or who seeks compensation from 
                that party.
                    ``(B) No review of findings and determination.--The 
                findings and determination of the arbitrator in a 
                dispute initiated pursuant to subparagraph (A) shall be 
                final and conclusive, and no official or court of the 
                United States shall have power or jurisdiction to 
                review any such findings and determination, except in 
                the case of fraud, misrepresentation, or other 
                misconduct by one of the parties to the arbitration or 
                by the arbitrator.
                    ``(C) Payment of fee and expenses.--The parties to 
                arbitration initiated pursuant to subparagraph (A) 
                shall share equally in the payment of the fee and 
                expenses of the arbitrator.
            ``(5) Enforcement.--If the Administrator determines that 
        any person seeking to comply with an order for testing by 
        relying on a submission made by a consortium or an original 
        data submitter has failed to make an offer in accordance with 
        paragraph (3)(B), to participate in an arbitration proceeding 
        under paragraph (4), or to comply with the terms of an 
        agreement or arbitration decision concerning sharing of 
        applicable costs under paragraph (3), that person is deemed to 
        have failed to comply with an order under subparagraph (A) of 
        section 408(p)(5) of the Federal Food, Drug, and Cosmetic Act 
        for purposes of subparagraphs (B) and (C) of such section.
    ``(l) Definitions.--In this section:
            ``(1) The term `endocrine disruptor' means an exogenous 
        agent or mixture of agents that interferes or alters the 
        synthesis, secretion, transport, metabolism, binding action, or 
        elimination of hormones that are present in the body and are 
        responsible for homeostasis, growth, neurological signaling, 
        reproduction and developmental process, or any other effect 
        that the Administrator has designated as an `endocrine effect' 
        pursuant to section 408(p)(1) of the Federal Food, Drug, and 
        Cosmetic Act.
            ``(2) The term `testing' means the testing of a substance 
        pursuant to the screening program under section 408(p) of the 
        Federal Food, Drug, and Cosmetic Act, including a test of a 
        substance that is intended to identify substances that have the 
        potential to interact with the endocrine system or that is 
        intended to determine the endocrine-related effects caused by 
        such substance and obtain information about effects at various 
        doses.
    ``(m) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $5,000,000 for each of fiscal 
years 2011 through 2015.''.
                                 <all>
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