[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5320 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5320
To amend the Safe Drinking Water Act to increase assistance for States,
water systems, and disadvantaged communities; to encourage good
financial and environmental management of water systems; to strengthen
the Environmental Protection Agency's ability to enforce the
requirements of the Act; to reduce lead in drinking water; to
strengthen the endocrine disruptor screening program; and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2010
Mr. Waxman (for himself and Mr. Markey of Massachusetts) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to increase assistance for States,
water systems, and disadvantaged communities; to encourage good
financial and environmental management of water systems; to strengthen
the Environmental Protection Agency's ability to enforce the
requirements of the Act; to reduce lead in drinking water; to
strengthen the endocrine disruptor screening program; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Assistance,
Quality, and Affordability Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Technical assistance for small public water systems.
Sec. 3. Prevailing wages.
Sec. 4. Use of funds.
Sec. 5. Data on variances, exemptions, and persistent violations.
Sec. 6. Assistance for restructuring.
Sec. 7. Priority and weight of applications.
Sec. 8. Disadvantaged communities.
Sec. 9. Administration of State loan funds.
Sec. 10. Authorization of appropriations.
Sec. 11. Negotiation of contracts.
Sec. 12. Affordability of new standards.
Sec. 13. Focus on lifecycle costs.
Sec. 14. Enforcement.
Sec. 15. Reducing lead in drinking water.
Sec. 16. Endocrine disruptor screening program.
(c) References.--Except as otherwise specified, whenever in this
Act an amendment is expressed in terms of an amendment to a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.
Subsection (e) of section 1442 (42 U.S.C. 300j-1(e)) is amended to
read as follows:
``(e) Technical Assistance.--
``(1) In general.--The Administrator, directly or through
grants or cooperative agreements with nonprofit organizations,
may provide technical assistance to small public water systems
to enable such systems to achieve and maintain compliance with
applicable national primary drinking water regulations.
``(2) Types of assistance.--Technical assistance under
paragraph (1) may include on-site technical assistance and
compliance assistance; circuit-rider technical assistance
programs; on-site and regional training; assistance with
implementing source water protection programs; assistance with
increasing water or energy efficiency; assistance with
designing, installing, or operating sustainable energy
infrastructure to produce or capture sustainable energy on site
or through water transport; assistance with developing
technical, financial, and managerial capacity; assistance with
long-term infrastructure planning; assistance with applying for
funds from a State loan fund under section 1452; and assistance
with implementation of monitoring plans, rules, regulations,
and water security enhancements.
``(3) Priority.--In providing assistance under this
subsection, the Administrator shall give priority to assistance
that will promote compliance with national primary drinking
water standards, public health protection, and long term
sustainability of small public water systems. In awarding
grants and cooperative assistance under paragraph (1) to
nonprofit organizations, the Administrator shall (subject to
the preceding sentence) give greater weight to nonprofit
organizations that, as determined by the Administrator, are
most qualified and most effective.
``(4) Competitive procedures.--It is the presumption of
Congress that any award of assistance under this subsection
will be awarded using competitive procedures based on merit. If
assistance is awarded under this subsection using procedures
other than competitive procedures, the Administrator shall
submit to the Congress, within 90 days of the award decision, a
report explaining why competitive procedures were not used.
``(5) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $20,000,000 for each of fiscal years 2011
through 2015.
``(B) Prohibition on earmarks.--No funds made
available under this subsection may be used to carry
out a provision or report language included primarily
at the request of a Member, Delegate, Resident
Commissioner, or Senator providing, authorizing or
recommending a specific amount of discretionary budget
authority, credit authority, or other spending
authority for a contract, loan, loan guarantee, grant,
loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality, or
Congressional district, other than through a statutory
or administrative formula-driven or competitive award
process.
``(C) Lobbying expenses.--No portion of any State
loan fund established under section 1452 and no portion
of any funds made available under this subsection may
be used for lobbying expenses.
``(D) Indian tribes.--Of the total amount made
available under this section for each fiscal year, 3
percent shall be used for technical assistance to
public water systems owned or operated by Indian
Tribes.''.
SEC. 3. PREVAILING WAGES.
Subsection (e) of section 1450 (42 U.S.C. 300j-9) is amended to
read as follows:
``(e) Labor Standards.--
``(1) In general.--The Administrator shall take such action
as the Administrator determines to be necessary to ensure that
each laborer and mechanic employed by a contractor or
subcontractor of a construction project financed, in whole or
in part, by a grant, loan, loan guarantee, refinancing, or any
other form of financial assistance provided under this title
(including assistance provided by a State loan fund established
under section 1452) is paid wages at a rate of not less than
the wages prevailing for the same type of work on similar
construction in the immediate locality, as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code.
``(2) Authority of secretary of labor.--With respect to the
labor standards specified in this subsection, the Secretary of
Labor shall have the authority and functions established in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
section 3145 of title 40, United States Code.''.
SEC. 4. USE OF FUNDS.
Section 1452(a)(2) (42 U.S.C. 300j-12(a)(2)) is amended--
(1) by striking ``Except as otherwise'' and inserting the
following:
``(A) In general.--Except as otherwise'';
(2) by striking ``Financial assistance under this section''
and inserting the following:
``(B) Permissible expenditures.--Financial
assistance under this section'';
(3) by striking ``The funds may also be used'' and
inserting the following:
``(D) Certain loans.--Financial assistance under
this section may also be used'';
(4) by striking ``The funds shall not be used'' and
inserting the following:
``(E) Limitation.--Financial assistance under this
section shall not be used'';
(5) by striking ``Of the amount credited'' and inserting
the following:
``(F) Set aside.--Of the amount credited'';
(6) in subparagraph (B) (as designated by paragraph (2)) by
striking ``(not'' and inserting ``(including expenditures for
planning, design, siting, and associated preconstruction
activities, for replacing or rehabilitating aging treatment,
storage, or distribution facilities of public water systems, or
for producing or capturing sustainable energy on site or
through the transportation of water through the public water
system, but not''; and
(7) by inserting after such subparagraph (B) the following:
``(C) Sale of bonds.--If a State issues revenue or
general obligation bonds to provide all or part of the
State contribution required by subsection (e), and the
proceeds of the sale of such bonds will be deposited
into the State loan fund--
``(i) financial assistance made available
under this section may be used by the State as
security for payment of the principal and
interest on such bonds; and
``(ii) interest earnings of the State loan
fund may be used by the State as revenue for
payment of the principal and interest on such
bonds.''.
SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PERSISTENT VIOLATIONS.
Section 1452(b)(2) (42 U.S.C. 300j-12(b)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period as the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) a list of all water systems within the State
that have in effect an exemption or variance for any
national primary drinking water regulation or that are
in persistent violation of the requirements for any
maximum contaminant level or treatment technique under
a national primary drinking water regulation, including
identification of--
``(i) the national primary drinking water
regulation in question for each such exemption,
variance, or violation; and
``(ii) the date on which the exemption or
variance came into effect or the violation
began.''.
SEC. 6. ASSISTANCE FOR RESTRUCTURING.
(a) Definition.--Section 1401 (42 U.S.C. 300f) is amended by adding
at the end the following:
``(17) Restructuring.--The term `restructuring' means
changes in operations (including ownership, management,
cooperative partnerships, joint purchasing arrangements,
consolidation, and alternative water supply).''.
(b) Restructuring.--Clause (ii) of section 1452(a)(3)(B) (42 U.S.C.
300j-12(a)(3)(B)) is amended by striking ``changes in operations
(including ownership, management, accounting, rates, maintenance,
consolidation, alternative water supply, or other procedures)'' and
inserting ``restructuring''.
SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS.
(a) Priority.--Section 1452(b)(3) (42 U.S.C. 300j-12(b)(3)) is
amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) improve the ability of systems to
protect human health and comply with the
requirements of this title affordably in the
future.'';
(2) by redesignating subparagraph (B) as subparagraph (D);
(3) by inserting after subparagraph (A) the following:
``(B) Affordability of new standards.--For any year
in which enforcement begins for a new national primary
drinking water standard, each State that has entered
into a capitalization agreement pursuant to this
section shall evaluate whether capital improvements
required to meet the standard are affordable for
disadvantaged communities in the State. If the State
finds that such capital improvements do not meet
affordability criteria for disadvantaged communities in
the State, the State's intended use plan shall provide
that priority for the use of funds for such year be
given to public water systems affected by the standard
and serving disadvantaged communities.
``(C) Weight given to applications.--After
determining priority under subparagraphs (A) and (B),
an intended use plan shall provide that the State will
give greater weight to an application for assistance if
the application contains--
``(i) a description of measures undertaken
by the system to improve the management and
financial stability of the system, which may
include--
``(I) an inventory of assets,
including a description of the
condition of the assets;
``(II) a schedule for replacement
of assets;
``(III) an audit of water losses;
``(IV) a financing plan that
factors in all lifecycle costs
indicating sources of revenue from
ratepayers, grants, bonds, other loans,
and other sources to meet the costs;
and
``(V) a review of options for
restructuring;
``(ii) a demonstration of consistency with
State, regional, and municipal watershed plans;
``(iii) a water conservation plan
consistent with guidelines developed for such
plans by the Administrator under section
1455(a); and
``(iv) a description of measures undertaken
by the system to improve the efficiency of the
system or reduce the system's environmental
impact, which may include--
``(I) water efficiency or
conservation, including the
rehabilitation or replacement of
existing leaking pipes;
``(II) use of reclaimed water;
``(III) actions to increase energy
efficiency;
``(IV) actions to generate or
capture sustainable energy on site or
through the transportation of water
through the system;
``(V) actions to protect source
water; and
``(VI) actions to reduce
disinfection byproducts.''; and
(4) in subparagraph (D) (as redesignated by paragraph (2))
by striking ``periodically'' and inserting ``at least
biennially''.
(b) Guidance.--Section 1452 (42 U.S.C. 300j-12) is amended--
(1) by redesignating subsection (r) as subsection (s); and
(2) by inserting after subsection (q) the following:
``(r) Small System Guidance.--The Administrator may provide
guidance and, as appropriate, tools, methodologies, or computer
software, to assist small systems in undertaking measures to improve
the management, financial stability, and efficiency of the system or
reduce the system's environmental impact.''.
SEC. 8. DISADVANTAGED COMMUNITIES.
(a) Assistance To Increase Compliance.--Section 1452(b)(3) (42
U.S.C. 300j-12(b)(3)), as amended, is further amended by adding at the
end the following:
``(E) Assistance to increase compliance.--A State's
intended use plan shall provide that, of the funds
received by the State through a capitalization grant
under this section for a fiscal year, the State will,
to the extent that there are sufficient eligible
project applications, reserve not less than 4 percent
to be spent on assistance under subsection (d) to
public water systems included in the State's most
recent list under paragraph (2)(D).''.
(b) Assistance for Disadvantaged Communities.--Section 1452(d) (42
U.S.C. 300j-12(d)) is amended--
(1) in paragraph (1), by adding at the end the following:
``Such additional subsidization shall directly and primarily
benefit the disadvantaged community.''; and
(2) in paragraph (3), by inserting ``, or portion of a
service area,'' after ``service area''.
SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS.
Section 1452(g) (42 U.S.C. 300j-12(g)) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``up to 4
percent of the funds allotted to the State under this
section'' and inserting ``, for each fiscal year, an
amount that does not exceed the sum of the amount of
any fees collected by the State for use in covering
reasonable costs of administration of programs under
this section, regardless of the source, and an amount
equal to the greatest of $400,000, \1/5\ of one percent
of the current valuation of the State loan fund, or 6
percent of all grant awards to the State loan fund
under this section for the fiscal year,''; and
(B) by striking ``1419,'' and all that follows
through ``1993.'' and inserting ``1419.''; and
(2) by adding at the end the following:
``(5) Transfer of funds.--
``(A) In general.--The Governor of a State may--
``(i) reserve for any fiscal year not more
than the lesser of--
``(I) 33 percent of a
capitalization grant made under this
section; or
``(II) 33 percent of a
capitalization grant made under section
601 of the Federal Water Pollution
Control Act; and
``(ii) add the funds so reserved to any
funds provided to the State under this section
or section 601 of the Federal Water Pollution
Control Act.
``(B) State matching funds.--Funds reserved under
this paragraph shall not be considered for purposes of
calculating the amount of a State contribution required
by subsection (e) of this section or section 602(b) of
the Federal Water Pollution Control Act.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Subsection (m) of section 1452 (42 U.S.C. 300j-12) is amended to
read as follows:
``(m) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $1,500,000,000 for fiscal year 2011;
``(B) $2,000,000,000 for each of fiscal years 2012
and 2013;
``(C) $3,200,000,000 for fiscal year 2014; and
``(D) $6,000,000,000 for fiscal year 2015.
``(2) Availability.--Amounts made available pursuant to
this subsection shall remain available until expended.
``(3) Reservation for needs surveys.--Of the amount made
available under paragraph (1) to carry out this section for a
fiscal year, the Administrator may reserve not more than
$1,000,000 per year to pay the costs of conducting needs
surveys under subsection (h).''.
SEC. 11. NEGOTIATION OF CONTRACTS.
Section 1452 (42 U.S.C. 300j-12), as amended, is further amended by
adding at the end the following:
``(t) Negotiation of Contracts.--For community water systems
serving communities with populations of more than 10,000 individuals, a
contract to be carried out using funds made available through a
capitalization grant under this section for program management,
construction management, feasibility studies, preliminary engineering,
design, engineering, surveying, mapping, or architectural or related
services shall be negotiated in the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States Code;
or
``(2) a contract subject to an equivalent State or local
qualifications-based requirement (as determined by the Governor
of the State).''.
SEC. 12. AFFORDABILITY OF NEW STANDARDS.
(a) Treatment Technologies for Small Public Water Systems.--Clause
(ii) of section 1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)) is amended by
adding at the end the following: ``If no technology, treatment
technique, or other means is included in a list under this subparagraph
for a category of small public water systems, the Administrator shall
periodically review the list and supplement it when new technology
becomes available.''.
(b) Assistance for Disadvantaged Communities.--
(1) In general.--Subparagraph (E) of section 1452(a)(1) (42
U.S.C. 300j-12(a)(1)) is amended--
(A) by striking ``except that the Administrator may
reserve'' and inserting ``except that--
``(i) in any year in which enforcement of a
new national primary drinking water standard
begins, the Administrator may use the remaining
amount to make grants to States whose public
water systems are disproportionately affected
by the new standard for the provision of
assistance under subsection (d) to such public
water systems;
``(ii) the Administrator may reserve''; and
(B) by striking ``and none of the funds
reallotted'' and inserting ``; and
``(iii) none of the funds reallotted''.
(2) Elimination of certain provisions.--
(A) Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended by striking paragraph (15).
(B) Section 1415 (42 U.S.C. 300g-4) is amended by
striking subsection (e).
(3) Conforming amendment.--Subparagraph (B) of section
1414(c)(1) (42 U.S.C. 300g-3(c)(1)(B)) is amended by striking
``(a)(2), or (e)'' and inserting ``or (a)(2)''.
SEC. 13. FOCUS ON LIFECYCLE COSTS.
Section 1412(b)(4) (42 U.S.C. 300g-1(b)(4)) is amended--
(1) in subparagraph (D), by striking ``taking cost into
consideration'' and inserting ``taking lifecycle costs,
including maintenance, replacement, and avoided costs, into
consideration''; and
(2) in the matter preceding subclause (I) in subparagraph
(E)(ii), by inserting ``taking lifecycle costs, including
maintenance, replacement, and avoided costs, into
consideration,'' after ``as determined by the Administrator in
consultation with the States,''.
SEC. 14. ENFORCEMENT.
(a) Advice and Technical Assistance.--Section 1414 (42 U.S.C. 300g-
3) is amended--
(1) in the matter following clause (ii) in subsection
(a)(1)(A), by striking ``and provide such advice and technical
assistance to such State and public water system as may be
appropriate to bring the system into compliance with the
requirement by the earliest feasible time''; and
(2) in subsection (a)(1), by adding at the end the
following:
``(C) At any time after providing notice of a
violation to a State and public water system under
subparagraph (A), the Administrator may provide such
advice and technical assistance to such State and
public water system as may be appropriate to bring the
system into compliance with the requirement by the
earliest feasible time. In deciding whether the
provision of advice or technical assistance is
appropriate, the Administrator may consider the
potential for the violation to result in serious
adverse effects to human health, whether the violation
has occurred continuously or frequently, and the
effectiveness of past technical assistance efforts.''.
(b) Additional Inspections.--
(1) In general.--Section 1414 (42 U.S.C. 300g-3) is
amended--
(A) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(B) by inserting after subsection (c) the
following:
``(d) Additional Inspections Following Violations.--
``(1) In general.--The Administrator shall, by regulation,
and after consultation with the States, prescribe the number,
frequency, and type of additional inspections to follow any
violation requiring notice under subsection (c). Regulations
under this subsection shall--
``(A) take into account--
``(i) differences between violations that
are intermittent or infrequent and violations
that are continuous or frequent;
``(ii) the seriousness of any potential
adverse health effects that may be involved;
and
``(iii) the number and severity of past
violations by the public water system; and
``(B) specify procedures for inspections following
a violation by a public water system that has the
potential to have serious adverse effects on human
health as a result of short-term exposure.
``(2) State primary enforcement responsibility.--Nothing in
this subsection shall be construed or applied to modify the
requirements of section 1413.''.
(2) Conforming amendments.--
(A) Subsections (a)(1)(B), (a)(2)(A), and (b) of
section 1414 (42 U.S.C. 300g-3) are amended by striking
``subsection (g)'' each place it appears and inserting
``subsection (h)''.
(B) Section 1448(a) is amended by striking
``1414(g)(3)(B)'' and inserting ``1414(h)(3)(B)''.
SEC. 15. REDUCING LEAD IN DRINKING WATER.
(a) In General.--Section 1417 (42 U.S.C. 300g-6) is amended--
(1) by adding at the end of subsection (a) the following:
``(4) Exemptions.--The prohibitions in paragraphs (1) and
(3) shall not apply to--
``(A) pipes, pipe fittings, plumbing fittings, or
fixtures, including backflow preventers, that are used
exclusively for nonpotable services such as
manufacturing, industrial processing, irrigation,
outdoor watering, or any other uses where the water is
not anticipated to be used for human consumption; or
``(B) toilets, bidets, urinals, fill valves,
flushometer valves, tub fillers, shower valves, service
saddles, or water distribution main gate valves that
are 2 inches in diameter or larger.''; and
(2) by amending subsection (d) to read as follows:
``(d) Definition of Lead Free.--
``(1) In general.--For the purposes of this section, the
term `lead free' means--
``(A) not containing more than 0.2 percent lead
when used with respect to solder and flux; and
``(B) not more than a weighted average of 0.25
percent when used with respect to the wetted surfaces
of pipes, pipe fittings, plumbing fittings, and
fixtures.
``(2) Calculation.--The weighted average lead content of a
pipe, pipe fitting, plumbing fitting, or fixture shall be
calculated by using the following formula: For each wetted
component, the percentage of lead in the component shall be
multiplied by the ratio of the wetted surface area of that
component to the total wetted surface area of the entire
product to arrive at the weighted percentage of lead of the
component. The weighted percentage of lead of each wetted
component shall be added together and the sum of these weighted
percentages shall constitute the weighted average lead content
of the product. The lead content of the material used to
produce wetted components shall be used to determine compliance
with paragraph (1)(B). For lead content of materials that are
provided as a range, the maximum content of the range shall be
used.''.
(b) Effective Date.--The provisions of subsections (a)(4) and (d)
of section 1417 of the Safe Drinking Water Act, as added by this
section, apply beginning on January 1, 2012.
SEC. 16. ENDOCRINE DISRUPTOR SCREENING PROGRAM.
Section 1457 of the Safe Drinking Water Act (42 U.S.C. 300j-17) is
amended to read as follows:
``endocrine disruptor screening program
``Sec. 1457. (a) Testing of Substances.--
``(1) In General.--In carrying out the screening program under
section 408(p) of the Federal Food, Drug, and Cosmetic Act, the
Administrator shall provide for the testing of substances described in
paragraph (2) in addition to the substances described in section
408(p)(3) of such Act.
``(2) Covered Substances.--A substance is subject to testing
pursuant to paragraph (1) if--
``(A) the substance may be found in sources of drinking
water; and
``(B) the Administrator determines that a substantial
population may be exposed to such substance.
``(3) Substances Already Subject to Testing.--Notwithstanding
paragraph (2), a substance is not subject to testing pursuant to
paragraph (1) if--
``(A) the substance is already subject to evaluation
determined by the Administrator to be equivalent to testing
pursuant to paragraph (1); or
``(B) the Administrator has already determined the effect
of the substance on the endocrine system.
``(4) Substances Derived From Degradation or Metabolism of Another
Substance.--If a substance subject to testing pursuant to paragraph (1)
(in this paragraph referred to as the `covered substance') is derived
from the degradation or metabolism of another substance, or is used in
or generated by the manufacture of another substance, the Administrator
shall provide for such testing of the covered substance by the importer
or manufacturer of the other substance.
``(b) Identification and Testing of Endocrine Disrupting Substances
That May Be in Drinking Water.--
``(1) Identification.--Not later than 1 year after the date
of the enactment of the Endocrine Disruptor Screening
Enhancement Act of 2010, after opportunity for comment, the
Administrator shall publish--
``(A) a list of no fewer than 100 substances for
testing pursuant to subsection (a)(1) (in accordance
with the schedule specified in paragraph (3)); and
``(B) a plan for the identification of additional
substances for testing pursuant to subsection (a)(1),
and a schedule for issuing test orders for all such
additional substances by not later than 10 years after
the date of the enactment of the Endocrine Disruptor
Screening Enhancement Act of 2010, with the goal of
testing, at a minimum and consistent with subsection
(a), all substances that have been placed on the
Drinking Water Preliminary Contaminant Candidate List
published pursuant to section 1412(b)(1)(B)(i).
In publishing the plan and schedule required by subparagraph
(B), the Administrator shall obtain advice and direction from
the Science Advisory Board.
``(2) Prioritization; considerations.--In selecting
substances for listing under paragraph (1)(A) or identification
pursuant to the plan under paragraph (1)(B), the
Administrator--
``(A) shall prioritize the selection of substances
that pose the greatest public health concern, taking
into consideration (among other factors of public
health concern) the effect of such substances on
subgroups that comprise a meaningful portion of the
general population (such as infants, children, pregnant
women, the elderly, individuals with a history of
serious illness, and other subpopulations) that are
identifiable as being at greater risk of adverse health
effects due to exposure to substances in drinking
water; and
``(B) shall take into consideration--
``(i) available information on the extent
of potential public exposures to the substances
through drinking water; and
``(ii) the Drinking Water Preliminary
Contaminant Candidate List published pursuant
to section 1412(b)(1)(B)(i).
``(3) Schedule.--After publication of the list under
paragraph (1)(A), the Administrator shall issue test orders
for--
``(A) at least 25 substances on the list by the end
of each year during the 4-year period following the
date of the enactment of the Endocrine Disruptor
Screening Enhancement Act of 2010; and
``(B) all substances on the list by the end of such
4-year period.
``(c) Testing Protocol Process.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the Endocrine Disruptor Screening Enhancement
Act of 2010, the Administrator shall, after opportunity for
comment, and after obtaining advice and direction from the
Science Advisory Board, publish guidance on developing and
updating protocols for testing of possible endocrine
disruptors. The guidance shall specify--
``(A) the manner in which the Administrator will
evaluate and, where necessary, revise such protocols;
``(B) the manner in which the Administrator will
determine when testing of substances will be required;
and
``(C) the procedures by which other scientifically
relevant information can be used in lieu of some or all
of the information that otherwise would be collected
pursuant to testing under section 408(p) of the Federal
Food, Drug, and Cosmetic Act.
``(2) Minimum contents.--The procedures specified pursuant
to paragraph (1)(C) shall ensure that the Administrator may use
information that is prepared or provided by any person
(including a registrant, manufacturer, or importer of a
substance for which testing is required, and any other entity)
and shall apply equally with respect to any such person.
``(3) Amendments.--The Administrator may, after opportunity
for comment, and after obtaining advice and direction from the
Science Advisory Board, amend any guidance published pursuant
to this subsection.
``(d) Revision of Testing Protocols.--Not later than 2 years after
the date of the enactment of the Endocrine Disruptor Screening
Enhancement Act of 2010, the Administrator shall, after opportunity for
comment, determine whether sufficient scientific information has been
developed to warrant updating the screening protocols developed under
section 408(p) of the Federal Food, Drug, and Cosmetic Act. Not later
than 5 years after the date of the enactment of the Endocrine Disruptor
Screening Enhancement Act of 2010 and every 3 years thereafter, the
Administrator shall determine, consistent with the guidance published
under subsection (c), whether to revise screening protocols under such
section based on significant improvements in the sensitivity, accuracy,
reliability, reproducibility, or efficiency of such protocols. Whenever
the Administrator revises such a protocol, the Administrator shall also
determine, after obtaining advice and direction from the Science
Advisory Board or the advisory panel referred to in section 25(d) of
the Federal Insecticide, Fungicide, and Rodenticide Act, as
appropriate, whether any substance that has already been subjected to
testing should be tested using the revised protocol.
``(e) Acceleration of Testing for Certain Substances.--
``(1) In general.--If the Administrator determines that--
``(A) a substance is known to be found in sources
of drinking water,
``(B) a substantial population is known to be
exposed to the substance, and
``(C) the substance is either suspected to be an
endocrine disruptor or has a structural similarity to a
substance known to be an endocrine disruptor,
the Administrator shall determine whether to require the
completion of testing for such substance on an accelerated
schedule, to enable the Administrator to determine the effect
of such substance on the endocrine system and ensure the
protection of public health.
``(2) Scientifically relevant information.--The
Administrator shall make any determination under paragraph (1)
using scientifically relevant information. In carrying out the
preceding sentence, the Administrator may rely on any available
scientifically relevant information, prepared or provided by
any person.
``(3) Guidance.--Not later than 1 year after the date of
the enactment of the Endocrine Disruptor Screening Enhancement
Act of 2010, the Administrator shall, after opportunity for
comment, publish guidance on how the Administrator will make
determinations under paragraph (1).
``(f) Results of Testing.--
``(1) Publication of data evaluation records.--Not later
than 6 months after receipt of testing results for a substance,
the Administrator shall prepare and, consistent with subsection
(g), publish data evaluation records for such results in a
publicly searchable database.
``(2) Administrative action.--Not later than 6 months after
receipt of testing results for a substance, the Administrator
shall--
``(A) determine whether to take action related to
the substance under section 1412(b) or 1445, or other
appropriate statutory authority; and
``(B) consistent with subsection (g), publish such
determination in a publicly searchable database.
``(3) Structured evaluation framework.--To assess the
overall weight of the evidence and relevance to humans and
wildlife of results of testing, the Administrator shall develop
and use a structured evaluative framework consisting of
science-based criteria, consistent with the protection of
public health and the environment, for systematically
evaluating endocrine mode of action and for determining data
relevance, quality, and reliability.
``(g) Public Database.--Beginning not later than 180 days after the
date of the enactment of the Endocrine Disruptor Screening Enhancement
Act of 2010 and consistent with section 552 of title 5, United States
Code, the Administrator shall publish, in electronic format, a publicly
searchable database that contains information regarding the testing
program. Not later than 30 days after the date on which the information
becomes available, the Administrator shall ensure that, at a minimum,
the database--
``(1) identifies the substances selected for testing under
the program; and
``(2) includes the documents and information pertaining to
the status of testing activities for each such substance,
including test orders, deadlines for submission, the
Environmental Protection Agency's data evaluation records, the
Administrator's determination on whether regulatory action will
be taken under subsection (f), and the summary of chemical test
results.
``(h) Petition for Inclusion of a Substance in the Program.--
``(1) In general.--Any person may submit a petition the
Administrator to--
``(A) add a substance to the list under subsection
(b)(1)(A) or identify a substance pursuant to the plan
under subsection (b)(1)(B); or
``(B) issue a test order requiring that a substance
be tested on an accelerated basis in accordance with
subsection (e).
``(2) Specification of facts.--Any petition under paragraph
(1) shall specify the facts that are claimed to establish that
an action described in subparagraph (A) or (B) of paragraph (1)
is warranted.
``(3) Administrative action.--Not later than 90 days after
the filing of a petition described under paragraph (1), the
Administrator shall determine whether the petition has
established that an action described in subparagraph (A) or (B)
of paragraph (1) is warranted and shall grant or deny the
petition. If the Administrator grants such petition, the
Administrator shall promptly add the substance to the list
under subsection (b)(1)(A), identify the substance pursuant to
the plan under subsection (b)(1)(B), or issue an order
requiring testing on an accelerated basis in accordance with
subsection (e), as applicable. If the Administrator denies the
petition, the Administrator shall publish the reasons for such
denial in the Federal Register.
``(i) Coordination With Other Federal Agencies.--After the
Administrator--
``(1) requires testing of a substance, or
``(2) based in whole or in part on the results of testing,
takes action related to a substance under section 1412(b) or
1445 or other appropriate statutory authority,
the Administrator shall give notice of such testing or action to
Federal agencies which are authorized by other provisions of law to
regulate the substance or products, materials, medications, processes,
or practices that use the substance.
``(j) Reporting Requirement.--Not later than 1 year after the date
of the enactment of the Endocrine Disruptor Screening Enhancement Act
of 2010 and every 3 years thereafter, the Administrator shall provide a
report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of
the Senate that describes--
``(1) progress made in identifying, testing, and regulating
endocrine disruptors as well as plans for future activities;
``(2) any change in screening or testing methodology and
evaluation or criteria for evaluating scientifically relevant
information;
``(3) actions taken to ensure communication and sharing of
scientific information with other Federal agencies and the
public; and
``(4) any deviations from the plan or schedule published
under subsection (b)(1)(B) as well as the reasons therefor.
``(k) Testing Consortia, Compensation, and Compliance.--
``(1) In general.--Any person required by the Administrator
to conduct testing of an endocrine disruptor may--
``(A) submit, on its own, data in response to an
order for such testing; and
``(B) form (on a voluntary basis) a consortium in
order to satisfy the requirements of one or more orders
for such testing.
``(2) Reliance on consortium submissions.--Each member of a
consortium described in paragraph (1)(B) shall have full rights
to rely on all submissions of the consortium to satisfy the
requirements of any order for testing, but continues to be
individually subject to such requirements.
``(3) Sharing of costs.--
``(A) In general.--Each member of a consortium
described in paragraph (1)(B) shall share the
applicable costs according to appropriate arrangements
established by the consortium members.
``(B) Binding offer.--Whenever, to satisfy the
requirements of one or more orders for testing, any
person offers to form or join a consortium described in
paragraph (1)(B), or offers compensation to a person
that has already submitted data to the Administrator
satisfying an order for testing, such offer shall
constitute a binding offer to share an appropriate
portion of the applicable costs.
``(C) Applicable costs.--In this subsection, the
term `applicable costs' includes the costs--
``(i) incurred to generate and report
information to comply with an order for
testing; or
``(ii) associated with the organization and
administration of the consortium.
``(4) Dispute resolution.--
``(A) In general.--In the event of any dispute
about an appropriate share or a fair method of
determining an appropriate share of applicable costs of
the testing requirements in a test order, any person
involved in the dispute may initiate binding
arbitration proceedings by requesting the Federal
Mediation and Conciliation Service to appoint an
arbitrator from the roster of arbitrators maintained by
such Service or a hearing with a regional office of the
American Arbitration Association. A copy of the request
shall be sent to each person from whom the requesting
party seeks compensation or who seeks compensation from
that party.
``(B) No review of findings and determination.--The
findings and determination of the arbitrator in a
dispute initiated pursuant to subparagraph (A) shall be
final and conclusive, and no official or court of the
United States shall have power or jurisdiction to
review any such findings and determination, except in
the case of fraud, misrepresentation, or other
misconduct by one of the parties to the arbitration or
by the arbitrator.
``(C) Payment of fee and expenses.--The parties to
arbitration initiated pursuant to subparagraph (A)
shall share equally in the payment of the fee and
expenses of the arbitrator.
``(5) Enforcement.--If the Administrator determines that
any person seeking to comply with an order for testing by
relying on a submission made by a consortium or an original
data submitter has failed to make an offer in accordance with
paragraph (3)(B), to participate in an arbitration proceeding
under paragraph (4), or to comply with the terms of an
agreement or arbitration decision concerning sharing of
applicable costs under paragraph (3), that person is deemed to
have failed to comply with an order under subparagraph (A) of
section 408(p)(5) of the Federal Food, Drug, and Cosmetic Act
for purposes of subparagraphs (B) and (C) of such section.
``(l) Definitions.--In this section:
``(1) The term `endocrine disruptor' means an exogenous
agent or mixture of agents that interferes or alters the
synthesis, secretion, transport, metabolism, binding action, or
elimination of hormones that are present in the body and are
responsible for homeostasis, growth, neurological signaling,
reproduction and developmental process, or any other effect
that the Administrator has designated as an `endocrine effect'
pursuant to section 408(p)(1) of the Federal Food, Drug, and
Cosmetic Act.
``(2) The term `testing' means the testing of a substance
pursuant to the screening program under section 408(p) of the
Federal Food, Drug, and Cosmetic Act, including a test of a
substance that is intended to identify substances that have the
potential to interact with the endocrine system or that is
intended to determine the endocrine-related effects caused by
such substance and obtain information about effects at various
doses.
``(m) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2011 through 2015.''.
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