I 
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 finan-
cial and environmental management of water systems; to strengthen 
the Environmental Protection Agency’s ability to enforce the require-
ments 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 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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. 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 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.). 
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.— 
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‘‘(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 on-site tech-
nical assistance and compliance assistance; circuit- 
rider technical assistance programs; on-site and re-
gional training; assistance with implementing source 
water protection programs; assistance with increas-
ing water or energy efficiency; assistance with de-
signing, 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 
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-
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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. 
‘‘(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 
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-
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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-
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: 
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‘‘(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 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 Sec-
retary 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 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— 
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(1) by striking ‘‘Except as otherwise’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—Except as otherwise’’; 
(2) by striking ‘‘Financial assistance under this 
section’’ and inserting the following: 
‘‘(B) PERMISSIBLE
EXPENDITURES.—Fi-
nancial assistance under this section’’; 
(3) by striking ‘‘The funds may also be used’’ 
and inserting the following: 
‘‘(D) CERTAIN
LOANS.—Financial assist-
ance 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 cred-
ited’’; 
(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 replac-
ing or rehabilitating aging treatment, storage, or 
distribution facilities of public water systems, or for 
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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 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.’’. 
SEC. 5. 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; 
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(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 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. 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 ‘restruc-
turing’ means changes in operations (including own-
ership, management, cooperative partnerships, joint 
purchasing arrangements, consolidation, and alter-
native water supply).’’. 
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(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, consolida-
tion, 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 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-
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gins for a new national primary drinking water 
standard, each State that has entered into a 
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— 
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‘‘(I) an inventory of assets, in-
cluding 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 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— 
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‘‘(I) water efficiency or conserva-
tion, including the rehabilitation or re-
placement of existing leaking pipes; 
‘‘(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; and 
‘‘(VI) 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: 
‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 
may provide guidance and, as appropriate, tools, meth-
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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. 8. 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 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
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-
rectly and primarily benefit the disadvantaged com-
munity.’’; and 
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(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 amend-
ed— 
(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 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,’’; 
and 
(B) by striking ‘‘1419,’’ and all that fol-
lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 
and 
(2) by adding at the end the following: 
‘‘(5) TRANSFER OF FUNDS.— 
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‘‘(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 Adminis-
trator 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 
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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 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. 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 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— 
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(A) by striking ‘‘except that the Adminis-
trator 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 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– 
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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 deter-
mined 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 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 
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(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 assist-
ance 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 ef-
fects to human health, whether the violation 
has occurred continuously or frequently, and 
the effectiveness of past technical assistance ef-
forts.’’. 
(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: 
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‘‘(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 
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-
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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)’’. 
(B) Section 1448(a) is amended by strik-
ing 
‘‘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 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 
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‘‘(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.— 
‘‘(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 
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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 com-
pliance with paragraph (1)(B). For lead content of 
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 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 addi-
tion 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— 
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‘‘(A) the substance may be found in sources of 
drinking water; and 
‘‘(B) the Administrator determines that a sub-
stantial population may be exposed to such sub-
stance. 
‘‘(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 evalua-
tion determined by the Administrator to be equiva-
lent 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 para-
graph 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.— 
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‘‘(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 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 Endocrine Disruptor Screening En-
hancement Act of 2010, with the goal of test-
ing, at a minimum and consistent with sub-
section (a), all substances that have been placed 
on the Drinking Water Preliminary Contami-
nant Candidate List published pursuant to sec-
tion 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, 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 ill-
ness, and other subpopulations) that are identi-
fiable as being at greater risk of adverse health 
effects due to exposure to substances in drink-
ing 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 En-
docrine 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 devel-
oping and updating protocols for testing of possible 
endocrine disruptors. The guidance shall specify— 
‘‘(A) the manner in which the Adminis-
trator will evaluate and, where necessary, revise 
such protocols; 
‘‘(B) the manner in which the Adminis-
trator will determine when testing of substances 
will be required; and 
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‘‘(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 Endo-
crine Disruptor Screening Enhancement Act of 2010, the 
Administrator shall, after opportunity for comment, deter-
mine whether sufficient scientific information has been de-
veloped to warrant updating the screening protocols devel-
oped under section 408(p) of the Federal Food, Drug, and 
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Cosmetic Act. Not later than 5 years after the date of 
the enactment of the Endocrine Disruptor Screening En-
hancement Act of 2010 and every 3 years thereafter, the 
Administrator shall determine, consistent with the guid-
ance published under subsection (c), whether to revise 
screening protocols under such section based on signifi-
cant improvements in the sensitivity, accuracy, reliability, 
reproducibility, or efficiency of such protocols. Whenever 
the Administrator revises such a protocol, the Adminis-
trator shall also determine, after obtaining advice and di-
rection from the Science Advisory Board or the advisory 
panel referred to in section 25(d) of the Federal Insecti-
cide, 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 SUB-
STANCES.— 
‘‘(1) IN GENERAL.—If the Administrator deter-
mines 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 
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similarity to a substance known to be an endo-
crine 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 endo-
crine system and ensure the protection of public 
health. 
‘‘(2) SCIENTIFICALLY
RELEVANT
INFORMA-
TION.—The Administrator shall make any deter-
mination under paragraph (1) using scientifically 
relevant information. In carrying out the preceding 
sentence, the Administrator may rely on any avail-
able 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 
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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 sub-
stance, the Administrator shall— 
‘‘(A) determine whether to take action re-
lated to the substance under section 1412(b) or 
1445, or other appropriate statutory authority; 
and 
‘‘(B) consistent with subsection (g), pub-
lish such determination in a publicly searchable 
database. 
‘‘(3) 
STRUCTURED
EVALUATION
FRAME-
WORK.—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 systemati-
cally evaluating endocrine mode of action and for de-
termining 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 con-
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