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;
‘‘(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.
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
‘‘(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
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
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 and testing 
potential endocrine disruptors as well as plans for 
future activities; 
‘‘(2) any change in screening or testing method-
ology and evaluation or criteria for evaluating sci-
entifically relevant information; 
‘‘(3) actions taken to ensure communication 
and sharing of scientific information with other Fed-
eral 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 that may be found in sources of drinking 
water may— 
‘‘(A) submit, on its own, data in response 
to an order for such testing; and
‘‘(B) form (on a voluntary basis) a consor-
tium in order to satisfy the requirements of one 
or more orders for such testing. 
‘‘(2) RELIANCE
ON
CONSORTIUM
SUBMIS-
SIONS.—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 require-
ments 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 appro-
priate arrangements established by the consor-
tium members. 
‘‘(B) BINDING OFFER.—Whenever, to sat-
isfy the requirements of one or more orders for 
testing, any person offers to form or join a con-
sortium described in paragraph (1)(B), or of-
fers 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 sub-
section, 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 Concilia-
tion Service to appoint an arbitrator from the 
roster of arbitrators maintained by such Service 
or a hearing with a regional office of the Amer-
ican Arbitration Association. A copy of the re-
quest 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 DE-
TERMINATION.—The findings and determina-
tion of the arbitrator in a dispute initiated pur-
suant 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 arbi-
trator. 
‘‘(5) ENFORCEMENT.—If the Administrator de-
termines 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 para-
graph (3)(B), to participate in an arbitration pro-
ceeding under paragraph (4), or to comply with the 
terms of an agreement or arbitration decision con-
cerning 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, metabo-
lism, binding action, or elimination of hormones that 
are present in the body and are responsible for ho-
meostasis, growth, neurological signaling, reproduc-
tion and developmental process, or any other effect 
that the Administrator has designated as an ‘endo-
crine 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 Cos-
metic Act, including a test of a substance that is in-
tended to identify substances that have the potential 
to interact with the endocrine system or that is in-
tended 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 appro-
priated $5,000,000 for each of fiscal years 2011 through 
2015.’’. 
SEC. 19. PRESENCE OF PHARMACEUTICALS AND PERSONAL 
CARE PRODUCTS IN SOURCES OF DRINKING 
WATER. 
Subsection (a) of section 1442 (42 U.S.C. 300j–1) 
is amended by adding at the end the following: 
‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER-
SONAL CARE PRODUCTS
IN SOURCES
OF DRINKING 
WATER.— 
‘‘(A) STUDY.—The Administrator shall carry 
out a study on the presence of pharmaceuticals and 
personal care products in sources of drinking water, 
which shall— 
‘‘(i) identify pharmaceuticals and personal 
care products that have been detected in 
sources of drinking water and the levels at 
which such pharmaceuticals and personal care 
products have been detected; 
‘‘(ii) identify the sources of pharma-
ceuticals and personal care products in sources 
of drinking water, including point sources and 
nonpoint sources of pharmaceutical and per-
sonal care products;
‘‘(iii) identify the effects of such products 
on humans, the environment, and the safety of 
drinking water; and 
‘‘(iv) identify methods to control, limit, 
treat, or prevent the presence of such products. 
‘‘(B) CONSULTATION.—The Administrator shall 
conduct the study described in subparagraph (A) in 
consultation with the Secretary of Health and 
Human Services (acting through the Commissioner 
of Food and Drugs), the Director of the United 
States Geological Survey, the heads of other appro-
priate Federal agencies (including the National In-
stitute of Environmental Health Sciences), and other 
interested stakeholders (including manufacturers of 
pharmaceuticals and personal care products and 
consumer groups and advocates). 
‘‘(C) REPORT.—Not later than 2 years after 
the date of the enactment of this paragraph, the Ad-
ministrator shall submit to the Congress a report on 
the results of the study carried out under this para-
graph. 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘personal care product’ has 
the meaning given the term ‘cosmetic’ in section
201 of the Federal Food, Drug, and Cosmetic 
Act. 
‘‘(ii) The term ‘pharmaceutical’ has the 
meaning given the term ‘drug’ in section 201 of 
the Federal Food, Drug, and Cosmetic Act.’’. 
SEC. 20. ELECTRONIC REPORTING OF COMPLIANCE MONI-
TORING DATA TO THE ADMINISTRATOR. 
(a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g– 
3), as amended, is further amended by adding at the end 
the following: 
‘‘(k) ELECTRONIC
REPORTING
OF
COMPLIANCE 
MONITORING DATA TO THE ADMINISTRATOR.—The Ad-
ministrator shall by rule establish requirements for— 
‘‘(1) electronic submission by public water sys-
tems of all compliance monitoring data— 
‘‘(A) to the Administrator; or 
‘‘(B) with respect to public water systems 
in a State which has primary enforcement re-
sponsibility under section 1413, to such State; 
and 
‘‘(2) electronic submission to the Administrator 
by each State which has primary enforcement re-
sponsibility under section 1413 of all compliance 
monitoring data submitted to such State by public 
water systems pursuant to paragraph (1)(B).’’.
(b) FINAL RULE.—Not later than 12 months after 
the date of the enactment of this Act, the Administrator 
of the Environmental Protection Agency shall issue a final 
rule to carry out section 1414(k) of the Safe Drinking 
Water Act, as added by subsection (a). 
SEC. 21. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives July 30 (legis-
lative day July 29), 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 5320 
AN ACT 
To amend the Safe Drinking Water Act to increase 
assistance for States, water systems, and dis-
advantaged communities; to encourage good fi-
nancial and environmental management of water 
systems; to strengthen the Environmental Pro-
tection 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.