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 assist-
ance for States, water systems, and disadvantaged com-
munities; to encourage good financial and environmental 
management of water systems; to strengthen the Envi-
ronmental Protection Agency’s ability to enforce the re-
quirements of the Act; to reduce lead in drinking water; 
to strengthen the endocrine disruptor screening program; 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES. 
(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. 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 Is-
lands, 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 Adminis-
trator. 
Sec. 21. Budgetary effects. 
(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 ref-
erence 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.). 
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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 as-
sistance to small public water systems to enable such 
systems to achieve and maintain compliance with ap-
plicable national primary drinking water regulations. 
‘‘(2) TYPES OF ASSISTANCE.—Technical assist-
ance under paragraph (1) may include onsite tech-
nical assistance and compliance assistance; circuit- 
rider and multi-State regional technical assistance 
programs; 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 en-
ergy 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 
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with implementation of monitoring plans, rules, reg-
ulations, and water security enhancements. 
‘‘(3) PRIORITY.—In providing assistance under 
this subsection, the Administrator shall give priority 
to assistance that will promote compliance with na-
tional 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 non-
profit 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 
and that, as determined by the Administrator using 
information where available, are providing the types 
of technical assistance that are preferred by small 
public water systems. 
‘‘(4) COMPETITIVE
PROCEDURES.—It is the 
presumption of Congress that any award of assist-
ance 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 Adminis-
trator shall submit to the Congress, within 90 days 
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of the award decision, a report explaining why com-
petitive procedures were not used. 
‘‘(5) FUNDING.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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 lan-
guage included primarily at the request of a 
Member, Delegate, Resident Commissioner, or 
Senator providing, authorizing, or recom-
mending a specific amount of discretionary 
budget authority, credit authority, or other 
spending authority for a contract, loan, loan 
guarantee, grant, loan authority, or other ex-
penditure with or to an entity, or targeted to a 
specific State, locality, or congressional district, 
other than through a statutory or administra-
tive formula-driven or competitive award proc-
ess. 
‘‘(C) LOBBYING EXPENSES.—No portion of 
any State loan fund established under section 
1452 and no portion of any funds made avail-
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able under this subsection may be used for lob-
bying 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 me-
chanic employed by a contractor or subcontractor in 
connection with 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 pro-
vided 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 simi-
lar construction in the immediate locality, as deter-
mined by the Secretary of Labor in accordance with 
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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 au-
thority and functions established in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec-
tion 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 in-
serting the following: 
‘‘(A) IN GENERAL.—Except as otherwise’’; 
(2) by striking ‘‘, or as a source of reserve and 
security for leveraged loans, the proceeds of which 
are deposited in a State loan fund established under 
paragraph (1),’’; 
(3) by striking ‘‘Financial assistance under this 
section’’ and inserting the following: 
‘‘(B) PERMISSIBLE
EXPENDITURES.—Fi-
nancial assistance under this section’’; 
(4) by striking ‘‘The funds may also be used’’ 
and inserting the following: 
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such bonds will be deposited into the State loan 
fund— 
‘‘(i) financial assistance made avail-
able under this section may be used by the 
State as security for payment of the prin-
cipal and interest on such bonds; and 
‘‘(ii) interest earnings of the State 
loan fund may be used by the State as rev-
enue for payment of the principal and in-
terest on such bonds. 
Except as provided in this subparagraph, nei-
ther financial assistance made available under 
this section nor interest earnings of a State 
loan fund may be used by a State as security 
for or as revenue for the payment of the prin-
cipal or interest on any bond, including any tax 
exempt or tax credit bond issued by a State or 
any political subdivision thereof.’’. 
SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
Section 1452(a) (42 U.S.C. 300j–12(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(4) REQUIREMENTS FOR USE OF AMERICAN 
MATERIALS.— 
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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, none of the funds made 
available by a State loan fund as authorized 
under this section may be used for a project for 
the construction, alteration, maintenance, or re-
pair of a public water system unless the steel, 
iron, and manufactured goods used in such 
project are produced in the United States. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply in any case in which the Admin-
istrator (in consultation with the Governor of 
the State) finds that— 
‘‘(i) applying subparagraph (A) would 
be inconsistent with the public interest; 
‘‘(ii) steel, iron, and manufactured 
goods are not produced in the United 
States in sufficient and reasonably avail-
able quantities and of a satisfactory qual-
ity; or 
‘‘(iii) inclusion of steel, iron, and man-
ufactured goods produced in the United 
States will increase the cost of the overall 
project by more than 25 percent. 
‘‘(C) PUBLIC NOTIFICATION AND WRITTEN 
JUSTIFICATION FOR WAIVER.—If the Adminis-
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trator determines that it is necessary to waive 
the application of subparagraph (A) based on a 
finding under subparagraph (B), the Adminis-
trator shall— 
‘‘(i) not less than 15 days prior to 
waiving application of subparagraph (A), 
provide public notice and the opportunity 
to comment on the Administrator’s intent 
to issue such waiver; and 
‘‘(ii) upon issuing such waiver, publish 
in the Federal Register a detailed written 
justification as to why the provision is 
being waived. 
‘‘(D) CONSISTENCY WITH INTERNATIONAL 
AGREEMENTS.—This paragraph shall be applied 
in a manner consistent with United States obli-
gations under international agreements.’’. 
SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PER-
SISTENT 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 
at the end and inserting ‘‘; and’’; and 
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(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 vari-
ance for any national primary drinking water 
regulation or that are in persistent violation of 
the requirements for any maximum contami-
nant level or treatment technique under a na-
tional primary drinking water regulation, in-
cluding 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 viola-
tion began.’’. 
SEC. 7. 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 ‘restruc-
turing’ means changes in operations (including own-
ership, management, cooperative partnerships, joint 
purchasing arrangements, consolidation, and alter-
native water supply).’’. 
(b) 
RESTRUCTURING.—Clause 
(ii) 
of 
section 
1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 
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by striking ‘‘changes in operations (including ownership, 
management, accounting, rates, maintenance, consolida-
tion, alternative water supply, or other procedures)’’ and 
inserting ‘‘restructuring’’. 
SEC. 8. 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 sub-
paragraph (D); 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) AFFORDABILITY
OF
NEW
STAND-
ARDS.—For any year in which enforcement be-
gins for a new national primary drinking water 
standard, each State that has entered into a 
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capitalization agreement pursuant to this sec-
tion shall evaluate whether capital improve-
ments required to meet the standard are afford-
able for disadvantaged communities in the 
State. If the State finds that such capital im-
provements do not meet affordability criteria 
for disadvantaged communities in the State, the 
State’s intended use plan shall provide that pri-
ority for the use of funds for such year be given 
to public water systems affected by the stand-
ard 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 ap-
plication for assistance if the application con-
tains— 
‘‘(i) a description of measures under-
taken by the system to improve the man-
agement and financial stability of the sys-
tem, which may include— 
‘‘(I) an inventory of assets, in-
cluding a description of the condition 
of the assets; 
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‘‘(II) a schedule for replacement 
of assets; 
‘‘(III) an audit of water losses; 
‘‘(IV) a financing plan that fac-
tors 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 re-
structuring; 
‘‘(ii) a demonstration of consistency 
with State, regional, and municipal water-
shed plans; 
‘‘(iii) a water conservation plan con-
sistent with guidelines developed for such 
plans by the Administrator under section 
1455(a); and 
‘‘(iv) a description of measures under-
taken by the system to improve the effi-
ciency of the system or reduce the system’s 
environmental impact, which may in-
clude— 
‘‘(I) water efficiency or conserva-
tion, including the rehabilitation or re-
placement of existing leaking pipes; 
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‘‘(II) use of reclaimed water; 
‘‘(III) actions to increase energy 
efficiency; 
‘‘(IV) actions to generate or cap-
ture sustainable energy on site or 
through the transportation of water 
through the system; 
‘‘(V) actions to protect source 
water; 
‘‘(VI) actions to mitigate or pre-
vent corrosion, including design, selec-
tion of materials, selection of coating, 
and cathodic protection; and 
‘‘(VII) actions to reduce disinfec-
tion byproducts.’’; and 
(4) in subparagraph (D) (as redesignated by 
paragraph (2)) by striking ‘‘periodically’’ and insert-
ing ‘‘at least biennially’’. 
(b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) 
is amended— 
(1) by redesignating subsection (r) as sub-
section (s); and 
(2) by inserting after subsection (q) the fol-
lowing: 
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‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 
may provide guidance and, as appropriate, tools, meth-
odologies, or computer software, to assist small systems 
in undertaking measures to improve the management, fi-
nancial stability, and efficiency of the system or reduce 
the system’s environmental impact.’’. 
SEC. 9. DISADVANTAGED COMMUNITIES. 
(a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec-
tion 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 COMPLI-
ANCE.—A State’s intended use plan shall pro-
vide that, of the funds received by the State 
through a capitalization grant under this sec-
tion for a fiscal year, the State will, to the ex-
tent that there are sufficient eligible project ap-
plications, reserve not less than 6 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
COMMU-
NITIES.—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 di-
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rectly and primarily benefit the disadvantaged com-
munity.’’; and 
(2) in paragraph (3), by inserting ‘‘, or portion 
of a service area,’’ after ‘‘service area’’. 
(c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) 
is amended by adding at the end: ‘‘Each State that has 
entered into a capitalization agreement pursuant to this 
section shall, in establishing affordability criteria, con-
sider, solicit public comment on, and include as appro-
priate— 
‘‘(A) the methods or criteria that the State 
will use to identify disadvantaged communities; 
‘‘(B) a description of the institutional, reg-
ulatory, financial, tax, or legal factors at the 
Federal, State, or local level that affect identi-
fied affordability criteria; and 
‘‘(C) a description of how the State will 
use the authorities and resources under this 
subsection to assist communities meeting the 
identified criteria.’’. 
SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS. 
Section 1452(g) (42 U.S.C. 300j–12(g)) is amend-
ed— 
(1) in paragraph (2)— 
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(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 ad-
ministration of programs under this section, re-
gardless 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,’’; 
(B) by striking ‘‘1419,’’ and all that fol-
lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 
and 
(C) in the matter following subparagraph 
(D), by striking ‘‘2 percent’’ and inserting ‘‘4 
percent’’; 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— 
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‘‘(I) 33 percent of a capitaliza-
tion grant made under this section; or 
‘‘(II) 33 percent of a capitaliza-
tion 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 sec-
tion or section 601 of the Federal Water 
Pollution Control Act. 
‘‘(B) STATE
MATCHING
FUNDS.—Funds 
reserved under this paragraph shall not be con-
sidered for purposes of calculating the amount 
of a State contribution required by subsection 
(e) of this section or section 602(b) of the Fed-
eral Water Pollution Control Act.’’. 
SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN 
SAMOA, 
NORTHERN 
MARIANA 
ISLANDS, 
GUAM, AND THE VIRGIN ISLANDS. 
Section 1452(j) (42 U.S.C. 300j–12(j)) is amended 
by striking ‘‘0.33 percent’’ and inserting ‘‘1 percent’’. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
Subsection (m) of section 1452 (42 U.S.C. 300j–12) 
is amended to read as follows: 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $1,400,000,000 for fiscal year 2011; 
‘‘(B) $1,600,000,000 for fiscal year 2012; 
and 
‘‘(C) $1,800,000,000 for fiscal year 2013. 
‘‘(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 Adminis-
trator may reserve not more than $1,000,000 per 
year to pay the costs of conducting needs surveys 
under subsection (h).’’. 
SEC. 13. 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 
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or related services shall be negotiated in the same manner 
as— 
‘‘(1) a contract for architectural and engineer-
ing 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 deter-
mined by the Governor of the State).’’. 
SEC. 14. 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 subpara-
graph for a category of small public water systems, the 
Administrator shall periodically review the list and supple-
ment it when new technology becomes available.’’. 
(b) ASSISTANCE
FOR
DISADVANTAGED
COMMU-
NITIES.— 
(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 Adminis-
trator may reserve’’ and inserting ‘‘except 
that— 
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‘‘(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 re-
allotted’’ 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)’’. 
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SEC. 15. 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 deter-
mined by the Administrator in consultation with the 
States,’’. 
SEC. 16. ENFORCEMENT. 
(a) ADVICE AND TECHNICAL ASSISTANCE.—Section 
1414 (42 U.S.C. 300g–3) is amended— 
(1) in the matter following clause (ii) in sub-
section (a)(1)(A), by striking ‘‘and provide such ad-
vice and technical assistance to such State and pub-
lic 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 
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(A), the Administrator may provide such advice and tech-
nical 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 de-
ciding whether the provision of advice or technical assist-
ance is appropriate, the Administrator may consider the 
potential for the violation to result in serious adverse ef-
fects 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), re-
spectively; and 
(B) by inserting after subsection (c) the 
following: 
‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA-
TIONS.— 
‘‘(1) IN
GENERAL.—The Administrator shall, 
by regulation, and after consultation with the States, 
prescribe the number, frequency, and type of addi-
tional inspections to follow any violation requiring 
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notice under subsection (c). Regulations under this 
subsection shall— 
‘‘(A) take into account— 
‘‘(i) differences between violations 
that are intermittent or infrequent and vio-
lations that are continuous or frequent; 
‘‘(ii) the seriousness of any potential 
adverse health effects that may be in-
volved; and 
‘‘(iii) the number and severity of past 
violations by the public water system; and 
‘‘(B) specify procedures for inspections fol-
lowing 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 expo-
sure. 
‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI-
BILITY.—Nothing in this subsection shall be con-
strued or applied to modify the requirements of sec-
tion 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)’’. 
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(B) Section 1448(a) is amended by strik-
ing 
‘‘1414(g)(3)(B)’’ 
and 
inserting 
‘‘1414(h)(3)(B)’’. 
SEC. 17. 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 para-
graphs (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 fol-
lows: 
‘‘(d) DEFINITION OF LEAD FREE.— 
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materials that are provided as a range, the max-
imum content of the range shall be used.’’. 
(b) EFFECTIVE
DATE.—The provisions of sub-
sections (a)(4) and (d) of section 1417 of the Safe Drink-
ing Water Act, as added by this section, apply beginning 
on the day that is 36 months after the date of the enact-
ment of this Act. 
SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 
Section 1457 (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 screen-
ing 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 de-
scribed 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. 
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‘‘(3) SUBSTANCES ALREADY SUBJECT TO TEST-
ING.—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 deter-
mined the effect of the substance on the endo-
crine system. 
‘‘(4) SUBSTANCES
DERIVED
FROM
DEGRADA-
TION OR METABOLISM OF ANOTHER SUBSTANCE.— 
If a substance subject to testing pursuant to para-
graph (1) (in this paragraph referred to as the ‘cov-
ered 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 manufac-
turer of the other substance. 
‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE 
DISRUPTING SUBSTANCES THAT MAY BE IN DRINKING 
WATER.— 
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‘‘(1) IDENTIFICATION.—Not later than 1 year 
after the date of the enactment of the Assistance, 
Quality, and Affordability Act of 2010, after oppor-
tunity for comment, the Administrator shall pub-
lish— 
‘‘(A) a list of no fewer than 100 sub-
stances for testing pursuant to subsection 
(a)(1) (in accordance with the schedule speci-
fied in paragraph (3)); and 
‘‘(B) a plan for the identification of addi-
tional substances for testing pursuant to sub-
section (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 enact-
ment of the Assistance, Quality, and Afford-
ability 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 Can-
didate List published pursuant to section 
1412(b)(1)(B)(i). 
In publishing the plan and schedule required by sub-
paragraph (B), the Administrator shall obtain advice 
and direction from the Science Advisory Board. 
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‘‘(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 sub-
stances that pose the greatest public health con-
cern, using the best available science and taking 
into consideration (among other factors of pub-
lic health concern) the effect of such substances 
on subgroups that comprise a meaningful por-
tion of the general population (such as infants, 
children, pregnant women, the elderly, individ-
uals with a history of serious illness, and other 
subpopulations) that are identifiable as being at 
greater risk of adverse health effects due to ex-
posure to substances in drinking water; and 
‘‘(B) shall take into consideration— 
‘‘(i) available information on the ex-
tent 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). 
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‘‘(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 As-
sistance, Quality, and Affordability 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 Assistance, 
Quality, and Affordability Act of 2010, the Adminis-
trator 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 that may be found in sources of drinking 
water. The guidance shall specify— 
‘‘(A) the manner in which the Adminis-
trator will evaluate and, where necessary, revise 
such protocols; 
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‘‘(B) the manner in which the Adminis-
trator will determine when testing of substances 
will be required; and 
‘‘(C) the procedures by which other sci-
entifically relevant information can be used in 
lieu of some or all of the information that oth-
erwise 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 reg-
istrant, 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 Assist-
ance, Quality, and Affordability Act of 2010, the Adminis-
trator shall, after opportunity for comment, determine 
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whether sufficient scientific information has been devel-
oped to warrant updating the screening protocols devel-
oped under section 408(p) of the Federal Food, Drug, and 
Cosmetic Act for substances that may be found in sources 
of drinking water. Not later than 5 years after the date 
of the enactment of the Assistance, Quality, and Afford-
ability Act of 2010 and every 3 years thereafter, the Ad-
ministrator shall determine, consistent with the guidance 
published under subsection (c), whether to revise screening 
protocols under such section for substances that may be 
found in sources of drinking water based on significant 
improvements in the sensitivity, accuracy, reliability, re-
producibility, or efficiency of such protocols, or a reduction 
in the number of animals required to conduct such proto-
cols. Whenever the Administrator revises such a protocol, 
the Administrator shall also determine, after obtaining ad-
vice and direction from the Science Advisory Board, 
whether any substance that has already been subjected to 
testing should be tested using the revised protocol. 
‘‘(e) VALID SCIENTIFIC DATA.—Any testing proto-
cols pursuant to this section shall be designed to produce 
scientific results that are based on— 
‘‘(1) verifiable measurements with sufficiently 
small error rates; 
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‘‘(2) well-controlled measurements whose inter-
pretation is not confounded by extraneous influ-
ences; and 
‘‘(3) results that are repeatable by independent 
scientists. 
‘‘(f) RESULTS OF TESTING.— 
‘‘(1) PUBLICATION
OF
DATA
EVALUATION 
RECORDS.—Not later than 6 months after receipt of 
testing results for a substance that may be found in 
sources of drinking water, 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 test results that determine 
the endocrine-related effects caused by a substance 
that may be found in sources of drinking water, the 
Administrator shall— 
‘‘(A) determine whether to take action re-
lated to the substance pursuant to the agency’s 
statutory authority; and 
‘‘(B) consistent with subsection (g), pub-
lish such determination in a publicly searchable 
database. 
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Nothing in this section shall be construed to affect 
the Administrator’s authority to take action under 
other provisions of law. 
‘‘(3) 
STRUCTURED
EVALUATION
FRAME-
WORK.—To assess the overall weight of the evidence 
and relevance to human health of results of testing 
for substances that may be found in sources of 
drinking water, the Administrator shall develop and 
use a structured evaluative framework consisting of 
science-based criteria, consistent with the protection 
of public health, for systematically evaluating endo-
crine mode of action and for determining data rel-
evance, quality, and reliability. 
‘‘(g) PUBLIC DATABASE.—Beginning not later than 
180 days after the date of the enactment of the Assist-
ance, Quality, and Affordability Act of 2010 and con-
sistent with section 552 of title 5, United States Code, 
the Administrator shall publish, in electronic format, a 
publicly searchable database that contains information re-
garding 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 data-
base— 
‘‘(1) identifies the substances selected for test-
ing under the program; and 
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‘‘(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, any scientific information 
on which the Administrator based actions under sub-
section (f), the Administrator’s determination under 
subsection (f) on whether action will be taken under 
other statutory authority, 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 to the Administrator to add a substance to 
the list under subsection (b)(1)(A) or identify a sub-
stance pursuant to the plan under subsection 
(b)(1)(B). 
‘‘(2) SPECIFICATION OF FACTS.—Any petition 
under paragraph (1) shall specify the facts that are 
claimed to establish that an action described in 
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 
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described in 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 sub-
section (b)(1)(A) or identify the substance pursuant 
to the plan under subsection (b)(1)(B), as applica-
ble. If the Administrator denies the petition, the Ad-
ministrator shall publish the reasons for such denial 
in the Federal Register. 
‘‘(i) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—After the Administrator— 
‘‘(1) requires testing of a substance that may 
be found in sources of drinking water, or 
‘‘(2) based in whole or in part on the results of 
testing of such a substance, takes action related to 
the substance pursuant to the agency’s statutory au-
thority, 
the Administrator shall give notice of such testing or ac-
tion 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 Assistance, 
Quality, and Affordability Act of 2010 and every 3 years 
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