[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 14728-14738]
[From the U.S. Government Publishing Office, www.gpo.gov]




           ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2010

  Mr. MARKEY of Massachusetts. Mr. Speaker, I move to suspend the rules 
and pass the bill (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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5320

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

[[Page 14729]]



     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. Requirements for use of American materials.
Sec. 6. Data on variances, exemptions, and persistent violations.
Sec. 7. Assistance for restructuring.
Sec. 8. Priority and weight of applications.
Sec. 9. Disadvantaged communities.
Sec. 10. Administration of State loan funds.
Sec. 11. State revolving loan funds for American Samoa, Northern 
              Mariana Islands, Guam, and the Virgin Islands.
Sec. 12. Authorization of appropriations.
Sec. 13. Negotiation of contracts.
Sec. 14. Affordability of new standards.
Sec. 15. Focus on lifecycle costs.
Sec. 16. Enforcement.
Sec. 17. Reducing lead in drinking water.
Sec. 18. Endocrine disruptor screening program.
Sec. 19. Presence of pharmaceuticals and personal care products in 
              sources of drinking water.
Sec. 20. Electronic reporting of compliance monitoring data to the 
              Administrator.
Sec. 21. Budgetary effects.
       (c) References.--Except as otherwise specified, whenever in 
     this Act an amendment is expressed in terms of an amendment 
     to a section or other provision, the 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 onsite technical assistance and 
     compliance assistance; circuit-rider and multi-State regional 
     technical assistance programs; training; assistance with 
     implementing source water protection programs; assistance 
     with increasing water or energy efficiency; assistance with 
     designing, installing, or operating sustainable energy 
     infrastructure to produce or capture sustainable 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 and 
     that, as determined by the Administrator using information 
     where available, are providing the types of technical 
     assistance that are preferred by small public water systems.
       ``(4) Competitive procedures.--It is the presumption of 
     Congress that any award of 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 in connection with a construction project 
     financed, in whole or in part, by a grant, loan, loan 
     guarantee, refinancing, or any other form of financial 
     assistance provided under this title (including assistance 
     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 ``, or as a source of reserve and security 
     for leveraged loans, the proceeds of which are deposited in a 
     State loan fund established under paragraph (1),'';
       (3) by striking ``Financial assistance under this section'' 
     and inserting the following:
       ``(B) Permissible expenditures.--Financial assistance under 
     this section'';
       (4) by striking ``The funds may also be used'' and 
     inserting the following:
       ``(D) Certain loans.--Financial assistance under this 
     section may also be used'';
       (5) by striking ``The funds shall not be used'' and 
     inserting the following:
       ``(E) Limitation.--Financial assistance under this section 
     shall not be used'';
       (6) by striking ``Of the amount credited'' and inserting 
     the following:
       ``(F) Set-aside.--Of the amount credited'';
       (7) in subparagraph (B) (as designated by paragraph (3)) 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
       (8) 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 paym ent 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.

     Except as provided in this subparagraph, neither financial 
     assistance made available under this section nor interest 
     earnings of a State loan fund may be used by a State as 
     security for or as revenue for the payment of the principal 
     or interest on any bond, including any tax exempt or tax 
     credit bond issued by a State or any political subdivision 
     thereof.''.

     SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATERIALS.

       Section 1452(a) (42 U.S.C. 300j-12(a)) is amended by adding 
     at the end the following new paragraph:
       ``(4) Requirements for use of american materials.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, none of the funds made available by a State loan fund as 
     authorized under this section may be used for a project for 
     the construction, alteration, maintenance, or repair of a 
     public water system unless the steel, iron, and manufactured 
     goods used in such project are produced in the United States.
       ``(B) Exceptions.--Subparagraph (A) shall not apply in any 
     case in which the Administrator (in consultation with the 
     Governor of the State) finds that--
       ``(i) applying subparagraph (A) would be inconsistent with 
     the public interest;
       ``(ii) steel, iron, and manufactured goods are not produced 
     in the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or

[[Page 14730]]

       ``(iii) inclusion of steel, iron, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       ``(C) Public notification and written justification for 
     waiver.--If the Administrator determines that it is necessary 
     to waive the application of subparagraph (A) based on a 
     finding under subparagraph (B), the Administrator shall--
       ``(i) not less than 15 days prior to waiving application of 
     subparagraph (A), provide public notice and the opportunity 
     to comment on the Administrator's intent to issue such 
     waiver; and
       ``(ii) upon issuing such waiver, publish in the Federal 
     Register a detailed written justification as to why the 
     provision is being waived.
       ``(D) Consistency with international agreements.--This 
     paragraph shall be applied in a manner consistent with United 
     States obligations under international agreements.''.

     SEC. 6. 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 at 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. 7. ASSISTANCE FOR RESTRUCTURING.

       (a) Definition.--Section 1401 (42 U.S.C. 300f) is amended 
     by adding at the end the following:
       ``(17) Restructuring.--The term `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. 8. PRIORITY AND WEIGHT OF APPLICATIONS.

       (a) Priority.--Section 1452(b)(3) (42 U.S.C. 300j-12(b)(3)) 
     is amended--
       (1) in subparagraph (A)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iv) improve the ability of systems to protect human 
     health and comply with the requirements of this title 
     affordably in the future.'';
       (2) by redesignating subparagraph (B) as 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;
       ``(VI) actions to mitigate or prevent corrosion, including 
     design, selection of materials, selection of coating, and 
     cathodic protection; and
       ``(VII) 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. 9. 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 6 percent to be spent on assistance under 
     subsection (d) to public water systems included in the 
     State's most recent list under paragraph (2)(D).''.
       (b) Assistance for Disadvantaged 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''.
       (c) Affordability Criteria.--Section 1452(d)(3) is amended 
     by adding at the end: ``Each State that has entered into a 
     capitalization agreement pursuant to this section shall, in 
     establishing affordability criteria, consider, solicit public 
     comment on, and include as appropriate--
       ``(A) the methods or criteria that the State will use to 
     identify disadvantaged communities;
       ``(B) a description of the institutional, regulatory, 
     financial, tax, or legal factors at the Federal, State, or 
     local level that affect identified affordability criteria; 
     and
       ``(C) a description of how the State will use the 
     authorities and resources under this subsection to assist 
     communities meeting the identified criteria.''.

     SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS.

       Section 1452(g) (42 U.S.C. 300j-12(g)) is 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,'';
       (B) by striking ``1419,'' and all that follows through 
     ``1993.'' and inserting ``1419.''; and
       (C) in the matter following subparagraph (D), by striking 
     ``2 percent'' and inserting ``4 percent''; and
       (2) by adding at the end the following:
       ``(5) Transfer of funds.--
       ``(A) In general.--The Governor of a State may--
       ``(i) reserve for any fiscal year not more than the lesser 
     of--

       ``(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.''.

[[Page 14731]]



     SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN SAMOA, 
                   NORTHERN MARIANA ISLANDS, GUAM, AND THE VIRGIN 
                   ISLANDS.

       Section 1452(j) (42 U.S.C. 300j-12(j)) is amended by 
     striking ``0.33 percent'' and inserting ``1 percent''.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (m) of section 1452 (42 U.S.C. 300j-12) is 
     amended to read as follows:
       ``(m) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $1,400,000,000 for fiscal year 2011;
       ``(B) $1,600,000,000 for fiscal year 2012; and
       ``(C) $1,800,000,000 for fiscal year 2013.
       ``(2) Availability.--Amounts made available pursuant to 
     this subsection shall remain available until expended.
       ``(3) Reservation for needs surveys.--Of the amount made 
     available under paragraph (1) to carry out this section for a 
     fiscal year, the Administrator may reserve not more than 
     $1,000,000 per year to pay the costs of conducting needs 
     surveys under subsection (h).''.

     SEC. 13. NEGOTIATION OF CONTRACTS.

       Section 1452 (42 U.S.C. 300j-12), as amended, is further 
     amended by adding at the end the following:
       ``(t) Negotiation of Contracts.--For community water 
     systems serving communities with populations of more than 
     10,000 individuals, a contract to be carried out using funds 
     made available through a capitalization grant under this 
     section for program management, construction management, 
     feasibility studies, preliminary engineering, design, 
     engineering, surveying, mapping, or architectural 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. 14. AFFORDABILITY OF NEW STANDARDS.

       (a) Treatment Technologies for Small Public Water 
     Systems.--Clause (ii) of section 1412(b)(4)(E) (42 U.S.C. 
     300g-1(b)(4)(E)) is amended by adding at the end the 
     following: ``If no technology, treatment technique, or other 
     means is included in a list under this 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. 15. FOCUS ON LIFECYCLE COSTS.

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

     SEC. 16. ENFORCEMENT.

       (a) Advice and Technical Assistance.--Section 1414 (42 
     U.S.C. 300g-3) is amended--
       (1) in the matter following clause (ii) in 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. 17. REDUCING LEAD IN DRINKING WATER.

       (a) In General.--Section 1417 (42 U.S.C. 300g-6) is 
     amended--
       (1) by adding at the end of subsection (a) the following:
       ``(4) Exemptions.--The prohibitions in 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 lead 
     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 the day that is 36 
     months after the date of the enactment of this Act.

     SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM.

       Section 1457 (42 U.S.C. 300j-17) is amended to read as 
     follows:


                ``endocrine disruptor screening program

       ``Sec. 1457.  (a) Testing of Substances.--
       ``(1) In general.--In carrying out the 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.

[[Page 14732]]

       ``(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 Assistance, Quality, and 
     Affordability 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 Assistance, Quality, and Affordability 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, using the best 
     available science and 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 Assistance, Quality, and Affordability Act 
     of 2010; and
       ``(B) all substances on the list by the end of such 4-year 
     period.
       ``(c) Testing Protocol Process.--
       ``(1) In general.--Not later than 2 years after the date of 
     the enactment of the Assistance, Quality, and Affordability 
     Act of 2010, the 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 that may be found in sources of drinking water. 
     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 Assistance, 
     Quality, and Affordability 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 
     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 Affordability 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 for 
     substances that may be found in sources of drinking water 
     based on significant improvements in the sensitivity, 
     accuracy, reliability, reproducibility, or efficiency of such 
     protocols, or a reduction in the number of animals required 
     to conduct such protocols. Whenever the Administrator revises 
     such a protocol, the Administrator shall also determine, 
     after obtaining advice 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 protocols 
     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 interpretation is 
     not confounded by extraneous influences; 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 related to the 
     substance pursuant to the agency's statutory authority; and
       ``(B) consistent with subsection (g), publish 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 framework.--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 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 Assistance, Quality, 
     and Affordability 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, 
     any scientific information on which the Administrator based 
     actions under subsection (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 substance 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 subsection 
     (b)(1)(A) or identify the substance pursuant to the plan 
     under subsection (b)(1)(B), as applicable. If the 
     Administrator denies the petition, the Administrator shall 
     publish the reasons for such denial in the Federal Register.

[[Page 14733]]

       ``(i) Coordination With Other Federal Agencies.--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 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 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 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 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 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.''.

     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 Personal 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 pharmaceuticals and personal 
     care products in sources of drinking water, including point 
     sources and nonpoint sources of pharmaceutical and personal 
     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 appropriate 
     Federal agencies (including the National Institute 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 Administrator shall submit 
     to the Congress a report on the results of the study carried 
     out under this paragraph.
       ``(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 MONITORING 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 Administrator shall by rule establish 
     requirements for--
       ``(1) electronic submission by public water systems of all 
     compliance monitoring data--
       ``(A) to the Administrator; or
       ``(B) with respect to public water systems in a State which 
     has primary enforcement responsibility under section 1413, to 
     such State; and
       ``(2) electronic submission to the Administrator by each 
     State which has primary enforcement responsibility 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, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Markey) and the

[[Page 14734]]

gentleman from Texas (Mr. Barton) each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. MARKEY of Massachusetts. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and to include extraneous material on the 
legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume.
  When people, Mr. Speaker, turn on their bathroom or kitchen faucets, 
they often take for granted that an abundant supply of clean water 
flows freely from their taps. It is only when the water stops flowing 
due to a catastrophic failure that attention is given to the 
complexities of providing clean, safe drinking water.
  In early May, when a breach of a 7-year-old pipe caused a water 
supply emergency that affected over 2 million residents of Boston, 
Massachusetts, and its surrounding areas, including a large portion of 
my district, our attention was drawn to this issue.
  Although the incident in Massachusetts could not have been 
anticipated because the pipe that broke was so new, each time something 
like this occurs, public attention immediately turns to the need for 
increased Federal funding for infrastructure projects that ensure a 
safe drinking water supply for years to come.
  Now, in the Energy and Commerce Committee, working under Chairman 
Waxman's leadership and partnering with Betty Sutton, with Joe Barton, 
with Fred Upton and all of the very distinguished members of our 
committee who care so deeply about safe drinking water, we reported out 
a piece of legislation by a 45-1 vote.
  Our bill does reauthorize the Safe Drinking Water Act State Revolving 
Fund for the first time since its creation in 1996 and will ensure that 
the public water systems deliver safe, affordable drinking water to the 
American people while creating jobs, prioritizing financially sound 
investment in our water structure.
  I urge the Members of this House to support this legislation.
  When people turn on their bathroom or kitchen faucets they often take 
for granted that an abundant supply of clean water flows freely from 
their taps. It is only when the water stops flowing due to a 
catastrophic failure that attention is given to the complexities of 
providing clean, safe drinking water.
  Examples of these types of catastrophic failures occur frequently all 
across the United States. In fact, earlier this month, just outside of 
Washington, DC, residents of Rockville, Maryland, were faced with water 
restrictions when twice in one week a massive 52-year-old water main 
broke sending water spewing into the sky and creating a river out of 
the local streets.
  Another incident occurred in early May, when a breach in a 7-year-old 
pipe caused a water supply emergency that affected over 2 million 
residents of Boston, Massachusetts, and its surrounding areas, 
including a large portion of my district.
  A boil-water advisory lasted for several days. People swarmed the 
grocery stores to stock up on bottled water. Restaurants and diners had 
to close because they had no water to serve or wash dishes with. And 
people had to get through Monday without their morning cup of coffee. 
In the Boston papers, the entire incident became known as the Aqua-
pocalypse.
  Although this incident in Massachusetts could not have been 
anticipated because the pipe that broke was so new, each time something 
like this occurs, public attention immediately turns to the need for 
increased federal funding for infrastructure projects that ensure a 
safe drinking water supply for years to come.
  The reality is that the country's drinking water infrastructure is 
rapidly aging. EPA estimates that over the next 20 years, water systems 
will need to invest nearly $335 billion on infrastructure improvements 
to ensure safe water to our Nation. Water systems simply can't afford 
to do this on their own, and people who are already struggling to pay 
their water bills can't absorb these costs either.
  The Assistance, Quality, and Affordability Act was introduced by the 
Gentleman from California (Mr. Waxman), the Chairman of the Energy and 
Commerce Committee and me earlier this year. It was reported out of the 
Energy and Commerce Committee by a strong bipartisan vote of 45-1. Our 
bill will reauthorize the Safe Drinking Water Act State Revolving Fund 
for the first time since its creation in 1996. It will ensure that 
public water systems deliver safe, affordable drinking water to the 
American people, while creating jobs and prioritizing financially sound 
investment in our water infrastructure.
  As a result of a truly cooperative and bipartisan effort, this bill 
has strong support from affected stakeholders across the board--
including rural and metropolitan water systems, state drinking water 
administrators, civil engineers, labor unions, water technology 
research and environmental groups.
  This bill will make a number of changes to the Safe Drinking Water 
Act State Revolving Fund to invest in the future and longevity of our 
Nation's water system.
  This bill increases water project funding from $1.4 billion in 2011 
to $1.8 billion in 2015. This will mean that more drinking water 
projects can be completed, and that more jobs are created for people 
who need them. A December 2008 report from the U.S. Conference of 
Mayors estimated that every million dollars of drinking water and 
wastewater infrastructure investment directly creates 8.7 jobs. Over 
the next 5 years, our legislation would therefore lead to more than 
65,000 new jobs.
  We have also included a new emphasis on cutting-edge projects to 
allow funding priority to be granted for projects that will make 
drinking water safe and affordable for years to come. We will also 
encourage projects that increase water and energy efficiency, and 
projects that anticipate future problems and propose repairs before a 
crisis occurs.
  We've ensured that we are directing resources to those who need it 
most, so that water systems serving communities that can't afford to 
pay for the upgrades necessary to comply with Safe Drinking Water Act 
standards are given what they need to do so.
  We've also included a change in drinking water enforcement 
requirements that will ensure that systems that have violated drinking 
water standards in the past are inspected to ensure they stay 
compliant. I would like to thank Congressman Bobby Rush for his work in 
this area, following a truly horrific case in the village of Crestwood, 
Illinois, in which people were literally and knowingly poisoned by the 
water they were drinking for decades.
  We have included in this bill a study for the presence of 
pharmaceuticals and other personal care products that may be found in 
sources of drinking water. So we can better understand how to manage 
this type of water contamination in the future.
  Finally, this bill also includes language to strengthen EPA's 
endocrine disruptor screening program. Endocrine disrupting chemicals 
are the equivalent of computer viruses. Over time, they can severely 
disrupt the body's operating system. In fact, since the industrialized 
era, there has been a constant rise in the incidence of chronic 
diseases such as cancer, obesity and diabetes.
  Scientific evidence increasingly indicates a relationship between 
these medical conditions and increased exposure to a wide array of 
chemical substances that are used in modern society. It is vital that 
EPA have a more robust and transparent program that screens drinking 
water contaminants to identify the chemicals that pose such concerns.
  I reserve the balance of my time.
  Mr. BARTON of Texas. I yield myself as much time as I may consume.
  I rise in support of the reauthorization of H.R. 5320, the 
Assistance, Quality, and Affordability Act of 2010.
  This is a bipartisan piece of legislation, which has been worked on, 
as Chairman Markey just indicated, on a bipartisan basis, both at the 
subcommittee and the full committee. It would reauthorize the Safe 
Water Drinking Act for the first time since 1996.
  It includes some new information, requires some scientific studies, 
but says that those studies actually have to be based on best science.
  It has an authorization level of a little over $4.8 billion. This is 
an increase of the existing authorization, but it is a compromise from 
the introduced draft which I believe was about $15 billion over 5 
years.
  So this is Congress at its finest. It did pass 45-1. I hope it passes 
the House unanimously. With that, I urge adoption of the bill.
  Mr. Speaker, I rise in support of H.R. 5320, the Assistance, Quality, 
and Affordability Act of 2010.

[[Page 14735]]

  Although H.R. 5320 is not perfect, it is, however, a good compromise 
that will ensure drinking water is safe.
  The introduced bill authorized the Safe Drinking Water Act's 
Revolving Loan Fund at $14.7 billion over 5 years. This amount is 
nearly the entire amount appropriated by the Federal government for the 
program for the past 14 years combined.
  After discussion, we agreed on $4.8 billion over three years.
  H.R. 5320 also contains provisions dealing with substances in 
drinking water that might disrupt the human endocrine system. And H.R. 
5320 now requires that best available science be used and that studies 
comport with requirements of valid science. They must have verifiable 
measurements with small error rates, and be both well-controlled and 
repeatable by independent scientists.
  Mr. Speaker, I think the drinking water revolving loan fund is a real 
success in meeting the public health needs of 272 million public water 
system customers without imposing unfunded mandates on States.
  The program has helped finance more than 6,600 drinking water 
projects throughout the country, using federal funds to supplement and 
leverage investment from other sources.
  I support how this bill makes rural areas a priority in obtaining 
technical assistance for compliance with the requirements of the Safe 
Drinking Water Act. And I also support efforts to aid disadvantaged 
communities that have trouble meeting the requirements of the Act.
  I remain concerned, however, about the expensive prevailing wage 
requirements in this bill and what they mean for federal and State 
governments.
  But on balance, this bill is a solid step forward for safe drinking 
water. It spends much less than its Senate version and puts real 
science in the driver's seat at EPA.
  I urge an ``aye'' vote.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I yield as much time as she may consume 
to the gentlelady from Ohio (Ms. Sutton) who worked very, very hard on 
this legislation and her fingerprints are all over it.
  Ms. SUTTON. I thank the gentleman for the time, and I want to commend 
Chairman Markey for his amazing leadership on this very important piece 
of bipartisan legislation and thank Chairman Waxman for all the work 
that he put forward and for working with me on two important amendments 
during the committee. I appreciate that effort and that willingness to 
make this bill just every bit as good as it has been presented to be.
  The first amendment that we worked on ensures that when applications 
for assistance include a plan to mitigate or prevent corrosion, that 
that application will receive greater weight. Now, why is that 
important? It's important because corrosion is a serious issue that 
doesn't receive enough attention until, sadly, it's too late, after a 
bridge collapses or water or sewer system ruptures.
  But by addressing corrosion at the onset of a project, we will extend 
the life of critical infrastructure, thereby reducing maintenance 
costs, increasing public safety, and saving taxpayers money.
  Now, according to a study to the Federal Highway Administration, the 
cost of corrosion to drinking water and sewer systems alone support $36 
billion a year. So, clearly, anyone interested in efficient cost-
effective, deficit-busting government needs to join in the fight to 
prevent and mitigate the costs of corrosion.
  Secondly, and very importantly, this bill also includes a Buy America 
amendment that will ensure that when U.S. taxpayer dollars are used to 
build our water and sewer systems, that American-made steel and iron 
and manufactured goods will be used to do it.
  The American people clearly expect that when their taxpayer dollars 
are used to invest in our Nation's infrastructure, that those tax 
dollars will be used to create jobs right here at home.
  And with this Buy America amendment, we will ensure just that. We 
will effectively help bolster U.S. manufacturing and good-paying 
manufacturing jobs for the people I am so honored to represent in 
northeast Ohio and for those around the country.
  Manufacturing jobs have a multiplier effect. Each manufacturing job 
can generate at least four other jobs in the private sector, and that's 
why I am very excited about the Make It in America strategy that 
Democrats are pursuing to strengthen U.S. manufacturing, and this Buy 
America amendment is a critical component of that Make It in America 
strategy.
  As we invest in our Nation's infrastructure, American taxpayers 
expect that those tax dollars will be used to create jobs at home, and 
with this amendment in this bill we are making sure that will happen.
  Getting Americans back to work is the highest priority; and with this 
bill we will not only be providing for safe, stronger, water systems. 
We are maximizing its job creation impact and doing so in a cost-
effective way as we work to prevent the costly effects of corrosion.
  Mr. Chairman, I want to thank you again for your work on this 
excellent bill.

                              {time}  0010

  Mr. BARTON of Texas. Mr. Speaker, I think the longer we talk, the 
less enthusiasm we have on this side for this bill, but we're still for 
it.
  I want to yield 1 very quick minute to the distinguished Congressman 
from the Woodlands, Texas, Mr. Kevin Brady.
  Mr. BRADY of Texas. Mr. Speaker, I appreciate the leadership of 
Chairman Markey and Ranking Member Barton on this issue.
  I rise as the ranking member of the Trade Subcommittee on Ways and 
Means, not on the underlying bill, but on specific provisions.
  Specifically, I am troubled to see that this bill includes the 
controversial ``Buy American'' provisions that closely mirror the 
failed stimulus bill. It makes no sense to repeat provisions that have 
delayed deployment of stimulus funding, led to unnecessary cost 
inflation, confused local officials, and impeded the creation of 
American jobs, clogging, not priming, U.S. economic recovery. These 
provisions have also created serious concerns under our international 
obligations and invited our trading partners to adopt their own ``buy 
local'' laws, hurting our ability to sell abroad and harming U.S. jobs. 
In this global environment, it is not simply enough to buy American; we 
have to sell American throughout the world for American jobs and 
American workers.
  It's unfortunate we are repeating these mistakes. As this bill moves 
forward, I will continue to object and seek to strip these provisions 
out of the bill.
  Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have a letter from the Associated General 
Contractors, which we will put in the Record, saying that they support 
the bill, but they hope certain changes are made in conference with the 
Senate.
  And for those of us that have to be up, since my mother is watching, 
we want to say, Hi, mom. I support the bill and urge a ``yes'' vote.
                                                    The Associated


                               General Contractors of America,

                                     Arlington, VA, July 29, 2010.
     Re Key vote alert, H.R. 5320, ``The Assistance, Quality, and 
         Affordability Act of 2010''.

     Hon. Joe Barton,
     House of Representatives,
     Washington, DC.
       Dear Representative Barton: On behalf of the Associated 
     General Contractors of America, and our 33,000 member 
     companies, I am writing you today to support H.R. 5320, the 
     Assistance, Quality, and Affordability Act (AQUA) of 2010.'' 
     AGC reserves the right to designate this bill and as a Key 
     Vote, which will be used in a report card to its membership 
     as an indicator of your support for issues of significance to 
     the construction industry. This legislation authorizes $4.8 
     billion over three years for the EPA Drinking Water State 
     Revolving Fund (SRF) which will help ensure consistency, 
     giving communities the ability to leverage federal funds and 
     plan capital investments, H.R. 5320 represents a smart 
     investment in the nation's outdated drinking water 
     infrastructure that will help put Americans back to work.
       America's aging infrastructure is in need of replacement 
     and rehabilitation. According to the Environmental Protection 
     Agency's most recent Drinking Water Needs Survey, $334.8 
     billion is needed to close the investment gap over the next 
     20 years. Unfortunately, our nation's water infrastructure 
     needs have grown while federal funding for clean and safe 
     drinking water has steadily declined. The American Recovery 
     and Reinvestment Act did provide significant resources for 
     enhancing our water infrastructure; however, the years of 
     steadily declining

[[Page 14736]]

     federal investment continues to push costs on local 
     governments and rate payers. Furthermore, according to the 
     American Society of Civil Engineers (ASCE) an average of six 
     billion gallons of potable water is lost per day in the U.S. 
     due to leaking pipes. Last year alone, American communities 
     suffered more than 240,000 water main breaks and billions of 
     gallons of overflowing combined sewer systems, causing 
     contamination, property damage, disruptions in the water 
     supply, and massive traffic jams.
       However, AGC maintains serious objection to the inclusion 
     of ``Buy American'' provisions similar to those in the 
     Recovery Act that require that the iron, steel, and 
     manufactured goods used in projects funded by the bill be 
     made in the U.S. These requirements artificially constrict 
     the supply chain, particularly with projects in the water and 
     wastewater field as many of the products are unavailable 
     domestically as evidenced by the nonavailability waivers that 
     EPA has had to grant during the course of the Recovery Act. 
     AGC further believes that measures like this that lock many 
     of our trading partners out of projects opens U.S. 
     manufacturers up to retaliatory measures abroad, restricting 
     their ability to profit from contracts in other countries. 
     This market is not fully equipped to handle requirements like 
     these, and many of the provisions that simplify these 
     requirements at the federal level, like the trade agreement 
     exemptions, are a complicated morass at the state and local 
     level. For these reasons, AGC opposes this provision of the 
     bill and hopes it will be removed by amendment or in 
     conference.
       By investing in our nation's critical water infrastructure, 
     H.R. 5320 will build a foundation for future economic growth 
     while generating the construction, manufacturing, and 
     engineering jobs that are needed today.
           Sincerely,

                                              Perry L. Fowler,

                                             Director, Municipal &
                                  Utilities Construction Division.

  Mr. Speaker, I yield back the balance of my time.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I just want to say that if Mr. Barton's mother is up 
right now, she's up too late and she's watching C-SPAN; both of those 
things are probably not good for her. So we hope Mom is asleep at this 
time, as are most Members of Congress at this point, with the exception 
of the ones who are speaking on the floor of the House.
  This bill does increase funding from $1.4 billion to $1.8 billion 
between now and 2015. We ensure that there is more directed, laser-like 
focusing of where these resources go to get the maximum benefit.
  The bill includes my language to strengthen EPA's Endocrine Disrupter 
Screening Program. Endocrine-disrupting chemicals are the equivalent of 
computer viruses; over time they can severely disrupt the body's 
operating system. In fact, since the industrialized era, there has been 
a constant rise in the incidence of chronic diseases such as cancer, 
obesity, and diabetes, and the clues to what is causing that could very 
well be in the water which we drink. And so we really strengthen the 
program at EPA so that we find out what is in the drinking water, 
especially for children in our country, as their bodies are being 
formed.
  I would like to insert into the Record a revised cost estimate of the 
reported legislation done by the Congressional Budget Office, which 
corrects an earlier estimate that was inaccurate.
  Again, I thank Ms. Sutton for her work, especially the work on the 
``Buy American'' parts of the legislation. I want to thank all of my 
colleagues, especially Mr. Barton, for his work, and the bipartisan 
work of all of the members of the committee who worked so hard on this 
legislation.
  I would also like to thank the staff who have worked diligently on 
the details of this bill: Drs. Michal Freedhoff and Avenel Joseph of my 
staff; Jackie Cohen, Tracy Sheppard, Greg Dotson, Peter Ketcham-
Colwill, Kristen Amerling and Phil Barnett of the Energy and Commerce 
Committee staff. And in the minority, Jerri Couri, David Cavicke, Katie 
Wheelbarger, Michael Beckerman, Amanda Mertens-Campbell and Garrett 
Golding.
  I commend this legislation to all of the Members and I urge an 
``aye'' vote.
     H.R. 5320--Assistance, Quality, and Affordability Act of 2010
       Summary: H.R. 5320 would authorize the appropriation of 
     nearly $5 billion for the Environmental Protection Agency 
     (EPA) to provide grants to states and nonprofit organizations 
     to support a wide range of water quality projects and 
     programs over the 2011-2015 period. This legislation also 
     would authorize the appropriation of $5 million annually over 
     the next five years to support EPA's Endocrine Disruptor 
     Screening program. CBO estimates that implementing this 
     legislation would cost about $3.5 billion over the next five 
     years, assuming appropriation of the authorized amounts. 
     Remaining amounts would be spent after 2015.
       The staff of the Joint Committee on Taxation (JCT) 
     estimates that enacting the bill would increase the use of 
     tax-exempt bonds by states, thus reducing revenues by $35 
     million over the next 10 years. Pay-as-you-go procedures 
     apply because enacting the legislation would affect revenues.
       H.R. 5320 would impose intergovernmental and private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA). CBO estimates that the aggregate cost of the 
     intergovernmental mandates would fall below the annual 
     threshold established in UMRA ($70 million in 2010, adjusted 
     annually for inflation). Based on information from industry 
     sources, CBO estimates that the aggregate cost of private-
     sector mandates would probably exceed the annual threshold 
     established in UMRA for the private sector ($141 million in 
     2010, adjusted annually for inflation)
       Estimated cost to the Federal Government: For this 
     estimate, CBO assumes that the bill will be enacted near the 
     beginning of fiscal year 2011, that the full amounts 
     authorized will be appropriated for each year, and that 
     outlays will follow the historical patterns of spending for 
     existing programs. Components of the estimated costs are 
     described below.

                                                    TABLE 1--ESTIMATED BUDGETARY EFFECTS OF H.R. 5320
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By Fiscal year, in millions of dollars
                                                   -----------------------------------------------------------------------------------------------------
                                                     2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level...............................   1,425   1,625   1,825      25      25       0       0       0       0       0     4,925      4,925
Estimated Outlays.................................      66     392     867   1,209   1,057     627     277     120      61      33     3,591      4,709
 
                                                                   CHANGES IN REVENUES
 
Estimated Revenues\1\\2\..........................       *       *       *      -1      -2      -4      -6      -7      -7      -7        -3       -35
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
* = revenue loss of less than $500,000.
\1\Estimate provided by the Joint Committee on Taxation.
\2\Negative numbers indicate a reduction in revenues and an increase in the deficit.

                           Basis of estimate:

     Revenues
       JCT expects that some of the funds authorized in H.R. 5320 
     would be used by states to leverage additional funds by 
     issuing tax-exempt bonds. JCT estimates that issuing 
     additional tax-exempt bonds would reduce federal revenues by 
     about $35 million over the 2011-2020 period.\1\
---------------------------------------------------------------------------
     \1\JCT estimates that federal revenues would be reduced by $1 
     million over the 2010-2014 period and by $28 million over the 
     2010-2019 period.
---------------------------------------------------------------------------
     Spending subject to appropriation
       This legislation would authorize appropriations totaling 
     nearly $5 billion over the next five years for EPA's water 
     infrastructure and grant programs and to support EPA's 
     Endocrine Disruptor Screening program. Amounts authorized to 
     be appropriated for individual programs are shown in Table 2.

[[Page 14737]]



                 TABLE 2--AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR EPA PROGRAMS UNDER H.R. 5320
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars
                                                              --------------------------------------------------
                                                                2011    2012    2013    2014    2015   2011-2015
----------------------------------------------------------------------------------------------------------------
Safe Drinking Water SRF Grants...............................   1,400   1,600   1,800       0       0     4,800
Grants for Small Public Water Systems........................      20      20      20      20      20       100
Endocrine Disruptor Screening Program........................       5       5       5       5       5        25
    Total Authorization Level................................   1,425   1,625   1,825      25      25     4,925
                                                              --------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Note: SRF = state revolving fund; EPA = Environmental Protection Agency.

       The bill would authorize the appropriation of $4.8 billion 
     over the 2011-2015 period for EPA to provide capitalization 
     grants for the State Revolving Fund program for safe drinking 
     water. In 2010, this program received an appropriation of 
     about $1.4 billion. (In addition, the American Recovery and 
     Reinvestment Act of 2009 provided $2 billion for this 
     program.) States use such grants along with their own funds 
     to make low-interest loans to communities to build or improve 
     drinking water facilities. Indian tribes also use such grants 
     to fund projects that would improve the quality of drinking 
     water. This bill would make several revisions to those grant 
     programs, including expanding the types of projects eligible 
     for assistance and changing the formulas used to allocate 
     grant money among the states and tribes.
       This bill also would authorize the appropriation of about 
     $100 million over the 2011-2015 period for EPA to make grants 
     to small public water systems to address the cost of 
     complying with drinking water regulations and $5 million 
     annually over the same period to support EPA's Endocrine 
     Disruptor Screening program, which tests for certain 
     substances in drinking water.
       Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
     Act of 2010 establishes budget reporting and enforcement 
     procedures for legislation affecting direct spending or 
     revenues. The changes in revenues that are subject to those 
     pay-as-you-go procedures are shown in the following table.

          CBO ESTIMATE OF PAY-AS-YOU GO EFFECTS FOR H.R. 5320 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON MAY 26, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, in millions of dollars
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0       0       0       0       1       2       4       6       7       7       7         3         35
--------------------------------------------------------------------------------------------------------------------------------------------------------

       Intergovernmental and private-sector impact: H.R. 5320 
     would impose intergovernmental and private-sector mandates as 
     defined in UMRA. CBO estimates that the aggregate cost of the 
     intergovernmental mandates would fall below the annual 
     threshold established in UMRA ($70 million in 2010, adjusted 
     annually for inflation). Based on information from industry 
     sources, CBO estimates that the aggregate cost of private-
     sector mandates would probably exceed the annual threshold 
     established in UMRA for the private sector ($141 million in 
     2010, adjusted annually for inflation).


                                Mandates

       Lead-Free Plumbing. The bill would modify the definition of 
     ``lead free'' under the Safe Drinking Water Act to reduce the 
     amount of lead allowed in plumbing products. The new 
     definition would apply to pipes, fittings, or fixtures used 
     to provide drinking water that are sold after the bill's 
     enactment. Plumbing products used and sold in the United 
     States would have to meet the new standard within three years 
     of enactment.
       The cost of the mandate would be the additional costs to 
     manufacturers, importers, or users associated with producing 
     or acquiring compliant products. Based on information from 
     industry sources, CBO expects that some manufacturers would 
     already be in compliance with the new standard because of 
     existing standards in some states. However, information from 
     those sources suggests that the incremental cost of 
     manufacturing or importing such products would total hundreds 
     of millions of dollars to the private sector in at least some 
     of the first five years the mandate is in effect. Some of 
     those costs could be passed through to end users, including 
     public entities. While the additional costs to state, local, 
     and tribal entities could be significant, CBO estimates that 
     those costs would total less than the annual threshold 
     established in UMRA for intergovernmental mandates.
       Reporting Requirements. The bill would require public water 
     systems (including both public and private entities) to 
     submit monitoring data electronically. CBO estimates that the 
     cost to submit such information electronically would be 
     minimal.


                             Other Impacts

       The bill would provide capitalization grants to states to 
     make loans to public water systems for infrastructure 
     improvements relating to drinking water. Any costs to those 
     entities related to the capitalization grants would result 
     from complying with conditions of assistance.
       Previous CBO estimate: On June 11, 2010, CBO transmitted a 
     cost estimate for H.R. 5320, the Assistance, Quality, and 
     Affordability Act of 2010, as ordered reported by the House 
     Committee on Energy and Commerce on May 26, 2010. That cost 
     estimate included an incorrect estimate of the loss in 
     revenue from implementing the legislation. JCT has corrected 
     that error; the revenue loss is now estimated to be $35 
     million over the next 10 years. This estimate reflects that 
     correction and supersedes the earlier cost estimate.
       Estimate prepared by: Federal spending: Susanne S. Mehlman; 
     Federal revenues: Mark Booth; Impact on state, local, and 
     tribal governments: Ryan Miller; Impact on the private 
     sector: Amy Petz.
       Estimate approved by: Theresa Gullo, Deputy Assistant 
     Director for Budget Analysis.

  Mr. WAXMAN. Mr. Speaker, I rise in support of H.R. 5320, the 
Assistance, Quality, and Affordability Act of 2010--the AQUA Act. This 
legislation will reauthorize and increase funding for the drinking 
water state revolving fund under the Safe Drinking Water Act.
  The drinking water SRF helps fund infrastructure improvements to 
increase compliance with drinking water standards, protect public 
health, and assist the public water systems most in need. This 
important program has not been reauthorized since it was originally 
enacted in 1996. The AQUA Act would reauthorize it and increase 
authorization levels from $1 billion to $1.8 billion in 2013.
  Our Nation's water systems serve over 272 million people, and, 
according to EPA, are facing infrastructure bills with the potential to 
climb to over $330 billion over the next 17 years as our existing 
infrastructure ages. Currently, we are not investing enough to maintain 
the infrastructure we have, let alone improve and upgrade it. 
Reauthorizing the drinking water state revolving fund is a critically 
important step in addressing this priority.
  This bipartisan legislation will also amend the drinking water act to 
improve the technical assistance programs for small systems, encourage 
good financial and environmental management of water systems, 
strengthen EPA enforcement authority, reduce lead in drinking water, 
study the presence of pharmaceuticals and personal care products in 
sources of drinking water, and strengthen the endocrine disruptor 
screening program.
  The AQUA Act has strong support from stakeholders across the board: 
rural and metropolitan water systems, state drinking water 
administrators, civil engineers, labor unions, water technology 
researchers, and environmental groups. These groups have been brought 
together by the urgency of needed investment in our water 
infrastructure, and a focus on projects that make long-term sense.
  I would like to thank several members of the Energy and Commerce 
Committee who have contributed to this legislation: the ranking member 
Mr. Barton, the Subcommittee Chair Mr. Markey, Mr. Rush, Ms. Eshoo, Ms. 
Baldwin, and Mr. Melancon. I would also like to thank members of the 
Committee staff, both majority and minority, for their hard work on 
this legislation: Jacqueline Cohen, Tracy Sheppard, Greg Dotson, Michal 
Freedhoff, Jerry Couri, and Amanda Mertens Campbell.
  I urge my colleagues to support this important bipartisan measure.
  Mr. MORAN of Virginia. Mr. Speaker, I'm pleased to support the 
Assistance, Quality, and Affordability Act of 2010 (H.R. 5320), and am 
a cosponsor of the provisions which were

[[Page 14738]]

drawn from Endocrine Disruptor Screening Enhancement Act of 2010. These 
provisions address an issue of immense importance, endocrine disrupting 
chemicals and their impact on public health.
  There are alarming studies that show rates of diseases unheard of 
generations before.
  Asthma rates have nearly tripled in the past three decades.
  One of every six American children has a development disorder (ADHD, 
dyslexia, mental retardation).
  One in every 150 American children is now diagnosed with autism. For 
boys, one in 59.
  Cancer, after accidents, is the leading cause of death among children 
in the United States.
  Primary brain cancer increased by nearly 40 percent and leukemia 
increased by over 60 percent among children 14 years and younger in the 
last 30 years.
  Childhood obesity has quadrupled in the past 10 years.
  Type 2 diabetes has increased drastically.
  There is an increase in sexual abnormalities, particularly in newborn 
boys.
  Forty-one percent of Americans will be diagnosed with cancer at some 
point in their lives, and about 21 percent will die from cancer. It is 
believed that much of this is environmentally induced.
  An analysis of the umbilical cords of a test group of newborns found 
over 200 chemicals in the blood--chemicals to which the mother had 
transmitted to the fetus.
  We're seeing it in wildlife. In parts of the Potomac, 100 percent of 
the male small mouth bass are intersex--they are carrying undeveloped 
ovaries.
  These alarming trends in public health are believed to be the result 
of chemicals in the environment that disrupt our endocrine system. 
Small amounts of these chemicals, it has been shown, can have a huge 
impact on our health and ultimately health care costs.
  Close to 14 years ago, Congress enacted legislation requiring the 
U.S. Environmental Protection Agency to establish an Endocrine 
Disruptor Screening Program. To date that endeavor has focused on 
pesticides, and the agency has been hamstrung by its use of old science 
and interference by the chemical industry.
  This bill will facilitate the study and regulation of endocrine 
disrupting chemicals. It will require EPA to focus on the 100 chemicals 
of most concern, to which people are exposed through drinking water. It 
empowers the agency to consider a range of scientific sources for 
information on toxicity, and to act quickly in regulating these 
substances.
  I fully support this measure and the endocrine-related provisions in 
this bill. I look forward to continuing to work with my colleagues 
Chairmen Ed Markey and Henry Waxman to bolster research efforts and 
broaden the scope of the federal regulatory agencies to remove harmful 
chemicals from the environment. This bill is a good start, but more 
needs to be done. It would be unconscionable to allow this pervasive, 
severe threat to American health to continue unabated.
  Ms. ESHOO. Mr. Speaker, I rise today in support of the Assistance, 
Quality and Affordability, AQUA, Act. I'm pleased that this important 
drinking water legislation includes my legislation the ``Get the Lead 
Out'' Act.
  Get the Lead Out will help protect against the lead exposure acquired 
through our plumbing systems and faucets. The bill updates the lead 
content standard in the Safe Drinking Water Act, SDWA, from 8 percent 
to .25 percent and represents a progressive and major effort that will 
eliminate the threat to all of us from lead in our faucets and 
fixtures.
  Today, lead remains one of the most persistent threats to our public 
health and the EPA has concluded that between 15 and 20 percent of the 
lead in children's blood comes from their drinking water systems. From 
the last decade of medical research, it is increasingly clear that 
there is no safe level of lead in the human bloodstream and this is 
particularly true for children.
  California recognized this threat and in 2006 enacted the toughest 
lead content standard for drinking water faucets, fittings, and 
plumbing systems anywhere in the world. The states of Vermont and 
Maryland have followed California's lead and are now implementing 
identical laws.
  Get the Lead Out mirrors California's legislation and will provide 
for a consistent and effective national standard. By updating the SDWA 
we will ensure that no one will be exposed to a serious health threat 
which can easily be avoided.
  Get the Lead Out has garnered the support of state health officials, 
numerous children's health organizations, prominent national 
environmental organizations, local governments, scientific 
associations, and national drinking water associations. Of particular 
note, the Plumbing Manufacturers Institute, the association that 
represents all major faucet companies and other manufacturers of 
drinking water plumbing fittings, also supports the legislation.
  I thank Chairmen Waxman and Markey for their leadership on promoting 
safe drinking water and I urge my colleagues to vote for AQUA and the 
Get the Lead Out provision included in this critical bill.
  Mr. RUSH. Mr. Speaker, I would also like to thank Chairman Waxman and 
Chairman Markey, and their capable staffs, for working with my office 
over the past year to amend the Safe Drinking Water Act to avoid a 
repeat of the outrageous abuse of the public trust that left many of my 
constituents in Crestwood, IL, without clean drinking water for over 20 
years.
  In 1986, the Illinois Environmental Protection Agency (EPA) was 
alerted that Village of Crestwood officials were piping in contaminated 
drinking water to its citizens.
  Despite warnings from the state agency to end this illegal practice, 
incredibly, it took another 20 years, and a personal investigation from 
a courageous and determined private citizen, my constituent, Tricia 
Krause, before the state finally went back out to inspect the water 
supply and found that contaminated water was still being used. Twenty 
years!!!
  Mr. Speaker, my amendment to H.R. 5320, which was adopted unanimously 
in committee, will compel the U.S. EPA to issue a final rule, within 12 
months, requiring public water systems and states agencies to submit 
all compliance monitoring data electronically.
  This will allow the U.S. EPA to update their systems to gather 
accurate and timely data collection so they are able to act more 
quickly and effectively against violations, especially when the 
public's health is in jeopardy.
  This bill will also require U.S. EPA to categorize any violations of 
federal drinking standards and determine what types of follow-up 
inspections are needed, as well as the frequency of inspections the 
state will need to carry out, depending on the risk to public health.
  By enacting this bill, as Representatives of the people, we will be 
able to better ensure that all citizens have access to clean, safe 
drinking water, and that the outrageous acts that resulted in the toxic 
contamination of Crestwood drinking water are never repeated.
  I urge all of my colleagues to support this bill.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Markey) that the House suspend the 
rules and pass the bill, H.R. 5320, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________