I 

109TH CONGRESS 

1ST SESSION H. R. 3178

To amend the Safe Drinking Water Act to ensure that the District of 

Columbia and States are provided a safe, lead-free supply of drinking water. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005

Ms. NORTON (for herself and Mr. WAXMAN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL

To amend the Safe Drinking Water Act to ensure that 

the District of Columbia and States are provided a safe, 

lead-free supply of drinking water.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lead-Free Drinking 

5 Water Act of 2005’’. 

6 SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING 

7 WATER REGULATION FOR LEAD. 

8 Section 1412(b) of the Safe Drinking Water Act (42 

9 U.S.C. 300g–1(b)) is amended by adding at the end the 

10 following: 
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1 ‘‘(16) REVISION OF NATIONAL PRIMARY DRINK2 ING WATER REGULATION FOR LEAD.—

3 ‘‘(A) IN GENERAL.—Not later than 18 

4 months after the date of enactment of this 

5 paragraph, the Administrator shall finalize a 

6 rulemaking to review and revise the national 

7 primary drinking water regulation for lead that 

8 maintains or provides for greater protection of 

9 health as required under paragraph (9). 

10 ‘‘(B) PROTECTION FOR INDIVIDUALS.—

11 The revised regulation shall provide the max12 imum feasible protection for individuals that 

13 may be affected by lead contamination of drink14 ing water, particularly vulnerable populations 

15 such as infants, children, and pregnant and lac16 tating women. 

17 ‘‘(C) MAXIMUM CONTAMINANT LEVEL.—

18 ‘‘(i) IN GENERAL.—The revised regu19 lation shall—

20 ‘‘(I) establish a maximum con21 taminant level for lead in drinking 

22 water as measured at the tap; or 

23 ‘‘(II) if the Administrator deter24 mines that it is not practicable to es25 tablish such a level with adequate pro-
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1 vision for variability and factors out2 side of the control of a public water 

3 system, establish a treatment tech4 nique in accordance with subpara5 graph (D). 

6 ‘‘(ii) BASIS OF LEVEL.—In estab7 lishing the maximum contaminant level 

8 under clause (i) or an action level for lead, 

9 the Administrator shall use as a basis the 

10 most protective of first draw samples, 

11 flushed samples, or both first draw and 

12 flushed samples. 

13 ‘‘(D) TREATMENT TECHNIQUE.—If the 

14 Administrator establishes a treatment technique 

15 for drinking water under subparagraph 

16 (C)(i)(II), the treatment technique shall—

17 ‘‘(i) prevent, to the extent achievable, 

18 known or anticipated adverse effects on the 

19 health of individuals; 

20 ‘‘(ii) include an action level for lead 

21 that is at least as stringent as the action 

22 level established by the national primary 

23 drinking water regulation for lead under 

24 subpart I of part 141 of title 40, Code of 
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1 Federal Regulations (as in effect on the 

2 date of enactment of this paragraph); and 

3 ‘‘(iii)(I) provide for the protection of 

4 individuals from very high lead levels in 

5 drinking water in isolated instances; 

6 ‘‘(II) provide for the protection of all 

7 individuals, as opposed to a statistical ma8 jority, from exposure to elevated lead levels 

9 in drinking water; 

10 ‘‘(III) promote continuing advances in 

11 corrosion control technologies and address 

12 the need to respond to changes in corro13 sion control and water treatment tech14 nologies; and 

15 ‘‘(IV) take into account the dem16 onstrated insufficiency of public notifica17 tion and education as a primary means of 

18 protecting public health from lead in 

19 water.’’. 

20 SEC. 3. SERVICE LINE REPLACEMENT. 

21 Section 1417(a)(1) of the Safe Drinking Water Act 

22 (42 U.S.C. 300g–6(a)(1)) is amended by adding at the 

23 end the following: 

24 ‘‘(C) SERVICE LINE REPLACEMENT.—
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1 ‘‘(i) IN GENERAL.—Upon exceeding 

2 the maximum contaminant level or action 

3 level for lead, a community water system 

4 or nontransient noncommunity water sys5 tem shall annually replace at least 10 per6 cent of the non-lead-free service lines of 

7 the community water system or nontran8 sient noncommunity water system until all 

9 of the non-lead-free service lines have been 

10 replaced. 

11 ‘‘(ii) PRIORITY.—Priority shall be 

12 given to non-lead-free service lines that 

13 convey drinking water to—

14 ‘‘(I) residences that receive 

15 drinking water with high lead levels; 

16 and 

17 ‘‘(II) residences and other build18 ings, such as day care facilities and 

19 schools, used by vulnerable popu20 lations, including infants, children, 

21 and pregnant and lactating women. 

22 ‘‘(iii) REPLACEMENT RESPONSI23 BILITY.—Under no circumstance may a 

24 community water system or nontransient 

25 noncommunity water system avoid the re-
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1 sponsibility to replace any non-lead-free 

2 service line by completing lead testing such 

3 as that referred to in section 141.84 of 

4 title 40, Code of Federal Regulations (as 

5 in effect on the date of enactment of this 

6 subparagraph). 

7 ‘‘(iv) REPLACEMENT OF NON-LEAD8 FREE SERVICE LINES.—

9 ‘‘(I) IN GENERAL.—In carrying 

10 out this subparagraph and subject to 

11 subclause (II), a community water 

12 system or nontransient noncommunity 

13 water system shall replace the non14 lead-free service lines, including pub15 licly owned and, with the permission 

16 of applicable homeowners, privately 

17 owned portions of the service lines. 

18 ‘‘(II) REQUIREMENTS FOR PER19 MISSION.—In seeking permission from 

20 a homeowner to replace the private 

21 portion of non-lead-free service lines 

22 under subclause (I), a community 

23 water system or nontransient non24 community water system shall provide 

25 to the homeowner in English, and, in 
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1 areas with a large proportion of non2 English speaking residents, in each 

3 other appropriate language—

4 ‘‘(aa) notification of the re5 placement that is separate from 

6 the notification required under 

7 paragraph (2); 

8 ‘‘(bb) a detailed description 

9 of the process by which non-lead10 free service lines will be replaced, 

11 including the date and approxi12 mate time of the replacement and 

13 a description of the ways in 

14 which property use will be dis15 rupted by the replacement proc16 ess; and 

17 ‘‘(cc) a description of actions 

18 that should be taken to avoid any 

19 lead contamination that may 

20 occur after replacement of the 

21 non-lead-free service lines. 

22 ‘‘(III) STATE OF PROPERTY.—

23 After completion of replacement of 

24 non-lead-free service lines, a commu25 nity water system or nontransient 
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1 noncommunity water system shall 

2 make every reasonable effort to return 

3 property affected by the replacement 

4 to the state in which the property ex5 isted before the replacement. 

6 ‘‘(IV) ABSENCE OF PERMIS7 SION.—If, after 3 attempts to obtain 

8 permission from a homeowner under 

9 subclause (II), a community water 

10 system or nontransient noncommunity 

11 water system has not received permis12 sion, the water system shall provide 

13 final notice in English, and, in areas 

14 with a large proportion of non-English 

15 speaking residents, in each other ap16 propriate language, to the homeowner 

17 of—

18 ‘‘(aa) the date and approxi19 mate time of replacement of the 

20 publicly owned portion of the 

21 non-lead-free service lines; and 

22 ‘‘(bb) a detailed description 

23 of actions that the homeowner 

24 should take to avoid any lead 

25 contamination that may occur 
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1 after non-lead-free service line re2 placement. 

3 ‘‘(V) EXCEPTION.—

4 ‘‘(aa) IN GENERAL.—If the 

5 Administrator determines, after 

6 providing an opportunity for pub7 lic notice and comment, that the 

8 practice of replacing only a por9 tion of a non-lead-free service 

10 line will generally result in higher 

11 lead levels in drinking water dur12 ing an extended period of time 

13 (as compared with leaving the en14 tire non-lead-free service line in 

15 place), the Administrator may 

16 provide for an exemption for the 

17 replacement in any case in which 

18 the applicable homeowner refuses 

19 to grant permission to replace 

20 portions of a non-lead-free service 

21 line under subclause (IV). 

22 ‘‘(bb) REQUIREMENT OF EX23 EMPTION.—An exemption under 

24 item (aa) shall provide that, upon 

25 a change in ownership of a prop-
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1 erty served by a non-lead-free 

2 service line, a new property 

3 owner may request that the com4 munity water system or nontran5 sient noncommunity water sys6 tem replace the non-lead-free 

7 service line for the property with8 in a reasonable period of time. 

9 ‘‘(VI) GRANTS.—Using amounts 

10 available under subsection (l)(1), the 

11 Administrator may provide grants to 

12 community water systems and non13 transient noncommunity water sys14 tems for use in replacing non-lead-free 

15 service lines.’’. 

16 SEC. 4. PUBLIC NOTICE AND EDUCATION. 

17 Section 1417(a) of the Safe Drinking Water Act (42 

18 U.S.C. 300g–6(a)) is amended—

19 (1) by redesignating paragraph (3) as para20 graph (4); and 

21 (2) by striking paragraph (2) and inserting the 

22 following: 

23 ‘‘(2) PUBLIC NOTICE REQUIREMENTS.—

24 ‘‘(A) IN GENERAL.—The owner or operator 

25 of a community water system or nontransient 
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1 noncommunity water system shall identify and 

2 provide notice in English, and, in areas with a 

3 large proportion of non-English speaking resi4 dents, in each other appropriate language, to 

5 individuals and entities (and, under subpara6 graph (D), to specific residences) that may be 

7 exposed to lead contamination in the drinking 

8 water supply, as indicated by an exceedance of 

9 the maximum contaminant level or action level 

10 for lead, in a case in which the contamination 

11 results from—

12 ‘‘(i) the lead content in the construc13 tion materials of the public water distribu14 tion system; or 

15 ‘‘(ii) corrosivity of the water supplied 

16 that is sufficient to cause leaching of lead. 

17 ‘‘(B) CONTENTS.—Public notice materials 

18 prepared under this paragraph shall provide a 

19 clear and readily understandable explanation 

20 of—

21 ‘‘(i) detailed information on the num22 ber of residences the drinking water of 

23 which was tested and the areas of the city 

24 or community in which those residences 
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1 are located, including a description of lead 

2 levels found in the drinking water; 

3 ‘‘(ii) the presence or absence of non4 lead-free service lines for each household 

5 receiving drinking water from the commu6 nity water system or nontransient non7 community water system; 

8 ‘‘(iii) the potential adverse health ef9 fects of lead contamination of drinking 

10 water, including a detailed description of 

11 the disproportionate adverse effects of lead 

12 contamination of drinking water on in13 fants, children, and pregnant and lactating 

14 women; 

15 ‘‘(iv) the potential sources of lead in 

16 drinking water (including, at a minimum, 

17 non-lead-free service lines, water meters, 

18 lead solder, and leaded plumbing fixtures); 

19 ‘‘(v) information sources regarding 

20 the cost and availability of lead-free plumb21 ing fixtures for use in residences; 

22 ‘‘(vi) reasonably available methods of 

23 mitigating known or potential lead con24 tamination of drinking water, including—
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1 ‘‘(I) a detailed, step-by-step de2 scription of immediate actions that 

3 should be taken, such as the use of a 

4 certified water filter or other acquisi5 tion of an alternative water supply; 

6 and 

7 ‘‘(II) a summary of more exten8 sive actions that could be taken; 

9 ‘‘(vii) any steps the community water 

10 system or nontransient noncommunity 

11 water system is taking to mitigate lead 

12 content in drinking water, including—

13 ‘‘(I) a timeline for decision14 making; 

15 ‘‘(II) a description of the means 

16 by which the public will provide input 

17 in the decisionmaking process; and 

18 ‘‘(III) a description of the poten19 tial health effects of any corrosion 

20 control modifications; 

21 ‘‘(viii) the necessity, if any, of seeking 

22 alternative water supplies; and 

23 ‘‘(ix) contact information for—
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1 ‘‘(I) medical assistance, including 

2 State and local agencies responsible 

3 for lead programs; 

4 ‘‘(II) the community water sys5 tem or nontransient noncommunity 

6 water system; and 

7 ‘‘(III) the task force established 

8 under paragraph (3)(A)(ii). 

9 ‘‘(C) EMPHASIS.—A notice under this 

10 paragraph shall place special emphasis on—

11 ‘‘(i) alerting parents, caregivers, and 

12 other individuals and entities of the signifi13 cantly greater risks to infants, children, 

14 and pregnant and lactating women posed 

15 by lead contamination of drinking water; 

16 and 

17 ‘‘(ii) encouraging individuals and enti18 ties threatened by lead contamination in 

19 the drinking water supply to immediately 

20 modify behavior and follow other rec21 ommendations in the notice so as to mini22 mize exposure to lead in drinking water. 

23 ‘‘(D) DELIVERY OF NOTICE.—

24 ‘‘(i) NOTICE TO ALL RESIDENCES AND

25 ENTITIES.—
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1 ‘‘(I) IN GENERAL.—The notice 

2 under subparagraph (A) shall be pro3 vided to each residence or entity that 

4 receives water from the community 

5 water system or nontransient non6 community water system. 

7 ‘‘(II) WARNING.—Each commu8 nity water system and nontransient 

9 noncommunity water system shall 

10 print on the water bill provided to 

11 each residence and entity described in 

12 subclause (I) a warning that there is 

13 a public health risk from high lead 

14 levels in the drinking water. 

15 ‘‘(ii) TIMING.—The notice required 

16 under subparagraph (A) shall be deliv17 ered—

18 ‘‘(I) not later than 30 days after 

19 the date on which the maximum con20 taminant level or action level for lead 

21 is exceeded; and 

22 ‘‘(II) every 90 days thereafter for 

23 as long as the exceedance continues. 

24 ‘‘(E) NOTICE OF TEST RESULTS.—Regard25 less of whether the maximum contaminant level 
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1 or action level for lead is exceeded, not later 

2 than 14 days after the date of receipt of any 

3 water lead test results conducted by the com4 munity water system or nontransient non5 community water system, the water system 

6 shall provide to the owners and occupants of 

7 each residence tested a notice of the test results 

8 that includes—

9 ‘‘(i) the results of the water testing 

10 for that residence; 

11 ‘‘(ii) contact information (including a 

12 telephone number, address, and, if avail13 able, the Internet site address) for the ap14 plicable State or local health department or 

15 other agency for immediate assistance with 

16 blood lead level testing and lead remedi17 ation; and 

18 ‘‘(iii) the information and emphasis 

19 described in subparagraphs (B) and (C). 

20 ‘‘(F) VERIFICATION OF EFFECTIVENESS.—

21 ‘‘(i) IN GENERAL.—Not later than 

22 180 days after the date of enactment of 

23 this subparagraph, the Administrator shall 

24 establish verification procedures that en25 sure that notices provided under this para-
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1 graph are effective and appropriate, taking 

2 into consideration risks posed to individ3 uals and entities that may be exposed to 

4 lead contamination in drinking water. 

5 ‘‘(ii) CONTENTS.—The procedures 

6 shall provide means of verifying, at a min7 imum, whether a notice—

8 ‘‘(I) reaches the intended individ9 uals and entities; 

10 ‘‘(II) is received and understood 

11 by those individuals and entities; and 

12 ‘‘(III) includes an appropriate de13 scription of the level of risk posed to 

14 those individuals and entities by lead 

15 contamination of drinking water. 

16 ‘‘(3) PUBLIC EDUCATION PROGRAM.—

17 ‘‘(A) IN GENERAL.—Each owner or oper18 ator of a community water system or nontran19 sient noncommunity water system shall estab20 lish and carry out a permanent, public edu21 cation program on lead in drinking water that 

22 includes—

23 ‘‘(i) development and implementation 

24 of an action plan; 
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1 ‘‘(ii) establishment and maintenance 

2 of a standing, community-based task force; 

3 ‘‘(iii) development and implementation 

4 of a voluntary household water testing pro5 gram; and 

6 ‘‘(iv) preparation and delivery of pub7 lic education materials in each relevant 

8 language. 

9 ‘‘(B) ACTION PLAN.—The action plan de10 veloped under subparagraph (A)(i) shall achieve 

11 the objectives of—

12 ‘‘(i) defining the target audience for 

13 the public education program; 

14 ‘‘(ii) outlining a voluntary customer 

15 water testing program for lead; 

16 ‘‘(iii) identifying types of educational 

17 materials to be used at each stage of public 

18 education; and 

19 ‘‘(iv) determining the appropriate tim20 ing and method of delivery of information 

21 on lead in drinking water. 

22 ‘‘(C) TASK FORCE.—

23 ‘‘(i) MEMBERSHIP.—In establishing 

24 the task force under subparagraph (A)(ii), 

25 the community water system or nontran-
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1 sient noncommunity water system shall so2 licit the participation of—

3 ‘‘(I) State, city, and county offi4 cials and agencies, including officials 

5 and agencies responsible for water 

6 quality, environmental protection, and 

7 testing for elevated lead levels in 

8 drinking water and in individuals; 

9 ‘‘(II) local public school systems; 

10 ‘‘(III) public hospitals and clin11 ics; 

12 ‘‘(IV) child care facilities; and 

13 ‘‘(V) interested private entities. 

14 ‘‘(ii) RESPONSIBILITIES.—The task 

15 force shall—

16 ‘‘(I) assist community water sys17 tems and nontransient noncommunity 

18 water systems in developing and revis19 ing action plans developed under sub20 paragraph (A)(i); 

21 ‘‘(II) review the effectiveness of 

22 public notice provided under para23 graph (2); 

24 ‘‘(III) make recommendations to 

25 community water systems and non-
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1 transient noncommunity water sys2 tems; 

3 ‘‘(IV) provide a means by which 

4 community water systems and non5 transient noncommunity water sys6 tems may share information with the 

7 public; and 

8 ‘‘(V) facilitate the response of a 

9 community water system or nontran10 sient noncommunity water system in 

11 the event of an exceedance of the 

12 maximum contaminant level or action 

13 level for lead. 

14 ‘‘(D) WATER TESTING PROGRAM.—In de15 veloping a voluntary water testing program 

16 under subparagraph (A)(iii), a community 

17 water system or nontransient noncommunity 

18 water system shall—

19 ‘‘(i) provide a means by which individ20 uals and entities may request water testing 

21 with a single phone call, letter, or elec22 tronically mailed letter; 

23 ‘‘(ii) conduct applicable tests in a 

24 timely manner, including ensuring that 
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1 water samples are retrieved from house2 holds in a timely manner; 

3 ‘‘(iii) ensure that tests are conducted 

4 properly by certified laboratories; and 

5 ‘‘(iv) provide to individuals and enti6 ties that requested water testing the re7 sults of the tests, and any additional appli8 cable information (such as information 

9 contained in educational materials de10 scribed in subparagraph (E)) in a timely 

11 manner. 

12 ‘‘(E) CONTENTS.—

13 ‘‘(i) IN GENERAL.—Public education 

14 and consumer awareness materials pro15 vided under this paragraph shall include—

16 ‘‘(I) the potential adverse health 

17 effects of lead contamination of drink18 ing water, including a detailed de19 scription of the disproportionate ad20 verse effects of lead contamination of 

21 drinking water on infants, children, 

22 and pregnant and lactating women; 

23 ‘‘(II) the potential sources of lead 

24 in drinking water (including, at a 

25 minimum, non-lead-free service lines, 
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1 lead solder, and leaded plumbing fix2 tures); 

3 ‘‘(III) a summary of the histor4 ical compliance of the community 

5 water system or nontransient non6 community water system as evidenced 

7 by testing conducted under the na8 tional primary drinking water regula9 tion for lead, including any corrective 

10 actions taken and the schedule for the 

11 next testing cycle; 

12 ‘‘(IV) the cost and availability of 

13 lead-free plumbing fixtures for use in 

14 residences; and 

15 ‘‘(V) contact information for—

16 ‘‘(aa) medical assistance, in17 cluding State and local agencies 

18 responsible for lead programs; 

19 ‘‘(bb) the community water 

20 system or nontransient non21 community water system; and 

22 ‘‘(cc) the task force estab23 lished under subparagraph 

24 (A)(ii). 
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1 ‘‘(ii) EMPHASIS.—A notice under this 

2 paragraph shall place special emphasis 

3 on—

4 ‘‘(I) alerting parents, caregivers, 

5 and other individuals and entities of 

6 the significantly greater risks to in7 fants, children, and pregnant and lac8 tating women posed by lead contami9 nation of drinking water; and 

10 ‘‘(II) encouraging individuals and 

11 entities threatened by lead contamina12 tion in the drinking water supply to 

13 immediately modify behavior and fol14 low other recommendations in the no15 tice so as to minimize exposure to lead 

16 in drinking water. 

17 ‘‘(F) DELIVERY OF PUBLIC EDUCATION.—

18 Notwithstanding any absence of an exceedance 

19 of the maximum contaminant level or action 

20 level for lead, a community water system or 

21 nontransient noncommunity water system shall 

22 provide biannually to customers of the commu23 nity water system or nontransient noncommu24 nity water system—
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1 ‘‘(i) public education materials and 

2 notice in accordance with this paragraph, 

3 including a general description of other 

4 sources of lead contamination (such as lead 

5 paint); and 

6 ‘‘(ii) the results of the most recent 

7 water testing conducted by the community 

8 water system or nontransient noncommu9 nity water system. 

10 ‘‘(G) APPLICABILITY.—Except as provided 

11 in subparagraph (F)(ii), this paragraph applies 

12 only to community water systems and nontran13 sient noncommunity water systems that, at any 

14 time after June 7, 1991, exceed or have exceed15 ed the maximum contaminant level or action 

16 level for lead.’’. 

17 SEC. 5. ADDITIONAL PROVISIONS. 

18 Section 1417 of the Safe Drinking Water Act (42 

19 U.S.C. 300g–6) is amended by adding at the end the fol20 lowing: 

21 ‘‘(f) FILTERS.—

22 ‘‘(1) IN-HOME FILTERS.—

23 ‘‘(A) FILTERS.—

24 ‘‘(i) IN GENERAL.—After an exceed25 ance of a maximum contaminant level or 
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1 action level for lead by a community water 

2 system or nontransient noncommunity 

3 water system, the community water system 

4 or nontransient noncommunity water sys5 tem shall provide on-location filters and re6 placement filters described in subpara7 graph (C) to each residence, school, and 

8 day care facility in the service area of the 

9 community water system or nontransient 

10 noncommunity water system that could 

11 reasonably be expected to experience lead 

12 contamination of drinking water in excess 

13 of the maximum contaminant level or ac14 tion level for lead. 

15 ‘‘(ii) TIMING.—Filters and replace16 ment filters shall be provided to a commu17 nity water system or nontransient non18 community water system under clause (i) 

19 until such time as the system no longer ex20 ceeds the maximum contaminant level or 

21 action level. 

22 ‘‘(B) PRIORITY.—Priority shall be given—

23 ‘‘(i) first, to vulnerable populations 

24 such as infants, children, and pregnant 

25 and lactating women; and 
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1 ‘‘(ii) second, to those residences, 

2 schools, and day care facilities that have or 

3 could be expected to have higher lead lev4 els, based on testing results under the na5 tional primary drinking water regulation 

6 for lead. 

7 ‘‘(C) STANDARDS AND CERTIFICATIONS

8 FOR FILTERS.—Each type of on-location filter 

9 provided under subparagraph (A) shall be cer10 tified by a third-party certifier accredited by the 

11 American National Standards Institute (re12 ferred to in this section as ‘ANSI’) to the ap13 propriate NSF International (referred to in this 

14 section as ‘NSF’)/ANSI standard for lead re15 duction. 

16 ‘‘(2) NO LIMITATION.—The provision of filters 

17 under paragraph (1) shall not be limited to resi18 dences known to have non-lead-free service lines. 

19 ‘‘(3) WAIVER OF CERTAIN REQUIREMENTS.—

20 The Administrator may waive 1 or more require21 ments under this subsection if the Administrator de22 termines that the requirements are not feasible or 

23 necessary to carry out section 1412(b)(16)(B). 

24 ‘‘(g) FEDERAL AGENCIES.—
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1 ‘‘(1) IN GENERAL.—Each Federal agency shall 

2 conduct water supply testing in each federally-owned 

3 or federally-occupied building under the jurisdiction 

4 of the Federal agency to determine whether lead lev5 els in drinking water in the building require action 

6 to provide a level of protection consistent with sec7 tion 1412(b)(16)(B). 

8 ‘‘(2) METHODOLOGY AND GUIDANCE.—The Ad9 ministrator shall establish a methodology and pro10 vide guidance for testing and remediation in Federal 

11 buildings that will provide a level of protection con12 sistent with section 1412(b)(16)(B). 

13 ‘‘(3) APPLICABILITY.—

14 ‘‘(A) IN GENERAL.—This subsection shall 

15 not apply to a Federal building that is served 

16 by a federally-owned or federally-operated pub17 lic water system that is subject to the national 

18 primary drinking water regulation for lead. 

19 ‘‘(B) OTHER REQUIREMENTS.—Nothing in 

20 this subsection affects any requirement applica21 ble to a public water system. 

22 ‘‘(h) TESTING.—

23 ‘‘(1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this subsection, in accord25 ance with testing requirements under the national 
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1 primary drinking water regulation for lead, each 

2 community water system and nontransient non3 community water system described in paragraph (2) 

4 shall initiate, and complete not later than 180 days 

5 after the date of initiation, a testing program for 

6 lead in drinking water that is consistent with the 

7 monitoring requirements under section 141.86 of 

8 title 40, Code of Federal Regulations (or a successor 

9 regulation) that are associated with the final rule 

10 entitled ‘Maximum Contaminant Level Goals and 

11 National Primary Drinking Water Regulations for 

12 Lead and Copper’ (56 Fed. Reg. 26548 (June 7, 

13 1991)). 

14 ‘‘(2) APPLICABILITY.—This section applies to 

15 each community water system and nontransient non16 community water system that—

17 ‘‘(A) is monitoring lead in drinking water 

18 on a reduced monitoring plan in accordance 

19 with section 141.86(c) of title 40, Code of Fed20 eral Regulations; 

21 ‘‘(B) is subject to the requirements of the 

22 final rule entitled ‘National Primary Drinking 

23 Water Regulations: Disinfectants and Disinfec24 tion Byproducts, Part IV’ (63 Fed. Reg. 69390 
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1 (December 16, 1998)) (referred to in this sec2 tion as the ‘Stage 1 Rule’); and 

3 ‘‘(C) has not conducted monitoring under 

4 the reduced monitoring plan of the system since 

5 making significant changes as a means of com6 plying with the Stage 1 Rule (as in effect on 

7 the date of enactment of this subsection). 

8 ‘‘(i) MONITORING.—The Administrator shall revise 

9 the monitoring requirements under the national primary 

10 drinking water regulation for lead to—

11 ‘‘(1) require monitoring at least biannually; 

12 ‘‘(2) ensure that monitoring is statistically rel13 evant and fully representative of all types of residen14 tial dwellings and commercial establishments; 

15 ‘‘(3) ensure that monitoring frequency and 

16 scope are enhanced for—

17 ‘‘(A) at least the 1-year period following 

18 any substantial modification of the treatment of 

19 drinking water provided; and 

20 ‘‘(B) any period during which the drinking 

21 water of a water system exceeds the maximum 

22 contaminant level or action level for lead; 

23 ‘‘(4) require that, in order to be certified to 

24 conduct drinking water analyses under this Act, a 

25 laboratory shall electronically report lead test results 
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1 for public water systems (and such other results or 

2 data as are determined to be appropriate by the Ad3 ministrator), in accordance with protocols estab4 lished by the Administrator, directly to the Adminis5 trator and the applicable State or local agency; and 

6 ‘‘(5) otherwise ensure that the Safe Drinking 

7 Water Information System and the National Con8 taminant Occurrence Database of the Administrator 

9 reliably and timely reflect information regarding 

10 drinking water quality and compliance with respect 

11 to lead. 

12 ‘‘(j) CORROSION CONTROL.—In revising the national 

13 primary drinking water regulation for lead, the Adminis14 trator shall ensure that any requirement for corrosion con15 trol includes a requirement that, not later than 1 year 

16 after the date of any change in water treatment, or of 

17 an exceedance of the maximum contaminant level or action 

18 level for lead, each community water system and nontran19 sient noncommunity water system shall—

20 ‘‘(1) reevaluate any corrosion control plan in 

21 place for the water system; and 

22 ‘‘(2) implement any changes necessary to re23 optimize the plan.’’. 
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1 SEC. 6. NON-LEAD FREE SERVICE LINE REPLACEMENT 

2 FUND. 

3 Section 1417 of the Safe Drinking Water Act (42 

4 U.S.C. 300g–6) (as amended by section 5) is amended by 

5 adding at the end the following: 

6 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) IN GENERAL.—There is authorized to be 

8 appropriated to carry out replacement of non-lead9 free service lines under subsection (a)(1)(C)(iv)(VI) 

10 $200,000,000 for each of fiscal years 2006 through 

11 2010. 

12 ‘‘(2) DISTRICT OF COLUMBIA.—Of amounts 

13 provided under paragraph (1), $40,000,000 for each 

14 of fiscal years 2006 through 2010 is authorized for 

15 use in replacing non-lead free service lines in the 

16 District of Columbia.’’. 

17 SEC. 7. PROHIBITION ON USE OF LEAD PIPES, SOLDER, 

18 AND FLUX. 

19 (a) DEFINITIONS.—Section 1417 of the Safe Drink20 ing Water Act (42 U.S.C. 300g–6) is amended by striking 

21 subsection (d) and inserting the following: 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) HIGH LEAD.—The term ‘high lead’ means 

24 any pipe, or pipe or plumbing fitting or fixture, that 

25 contains more than 2 percent lead. 
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1 ‘‘(2) LEAD FREE.—The term ‘lead free’ means 

2 solder, flux, a pipe, or a pipe or plumbing fitting or 

3 fixture that contains not more than 0.2 percent lead. 

4 ‘‘(3) PLUMBING FITTING; PLUMBING FIX5 TURE.—The terms ‘plumbing fitting’ and ‘plumbing 

6 fixture’ do not include— 

7 ‘‘(A) any porcelain item; or 

8 ‘‘(B) any plumbing component that does 

9 not come into contact with drinking water.’’. 

10 (b) PROHIBITIONS.—Section 1417(a) of the Safe 

11 Drinking Water Act (42 U.S.C. 300g–6(a)) is amended— 

12 (1) by striking ‘‘(a) IN GENERAL.—’’ and all 

13 that follows through paragraph (1)(A)(ii) and insert14 ing the following: 

15 ‘‘(a) USE OF LEAD PIPES, SOLDER, AND.— 

16 ‘‘(1) PROHIBITIONS.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) SOLDER AND FLUX.—No person 

19 may use, after June 19, 1986, any solder 

20 or flux that is not lead free in the installa21 tion or repair of any public water system 

22 or any plumbing in a residential or non23 residential facility providing water for 

24 human ingestion (including water for bath25 ing). 
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1 ‘‘(ii) PIPES; PIPE AND PLUMBING FIT2 TINGS AND FIXTURES.— 

3 ‘‘(I) IN GENERAL.—Not later 

4 than 1 year after the date of enact5 ment of the Lead-Free Drinking 

6 Water Act of 2005, no person may 

7 use any high lead pipe, or pipe or 

8 plumbing fitting or fixture, in the in9 stallation or repair of— 

10 ‘‘(aa) (aa) any public water 

11 system; or 

12 ‘‘(bb) (bb) any plumbing in 

13 a residential or nonresidential fa14 cility providing water for human 

15 ingestion (including water for 

16 bathing). 

17 ‘‘(II) PROHIBITION.—On and 

18 after the date that is 5 years after the 

19 date of enactment of the Lead-Free 

20 Drinking Water Act of 2005, no per21 son may use any pipe, or pipe or 

22 plumbing fitting or fixture, that is not 

23 lead free in the installation or repair 

24 of— 
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1 ‘‘(aa) any public water sys2 tem; or 

3 ‘‘(bb) any plumbing in a res4 idential or nonresidential facility 

5 providing water for human inges6 tion (including water for bath7 ing).’’; and 

8 (2) in paragraph (3), by striking ‘‘(3) UNLAW9 FUL ACTS.—’’ and all that follows through subpara10 graph (A) and inserting the following: 

11 ‘‘(3) UNLAWFUL ACTS.—On and after the date 

12 that is 1 year after the date of enactment of the 

13 Lead-Free Drinking Water Act of 2005, it shall be 

14 unlawful— 

15 ‘‘(A) for any person to introduce into com16 merce any pipe, or pipe or plumbing fitting or 

17 fixture, that is a high lead pipe or high lead 

18 pipe or plumbing fitting or fixture (except for 

19 a pipe that is used in manufacturing or indus20 trial processing);’’. 

21 (c) CERTIFICATION; TECHNICAL INFORMATION AND

22 ASSISTANCE; FAILURE TO COMPLETE REVISION.—Sec23 tion 1417(e)(2) of the Safe Drinking Water Act (42 

24 U.S.C. 300g–6(e)(2)) is amended by adding at the end 

25 the following: 
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1 ‘‘(C) CERTIFICATION.—The Administrator 

2 shall require that any plumbing fitting or fix3 ture intended by the manufacturer (or agent of 

4 the manufacturer) to convey or dispense water 

5 for human ingestion (including water for bath6 ing) be certified by an independent, third-party 

7 certifier accredited by ANSI as meeting the re8 quirements of NSF/ANSI standard number 61 

9 as described in subparagraph (A). 

10 ‘‘(D) TECHNICAL INFORMATION AND AS11 SISTANCE.—The Administrator shall provide ac12 curate and timely technical information and as13 sistance to qualified third-party certifiers de14 scribed in subparagraph (C), and to the NSF, 

15 for use in conducting a review of, and, not later 

16 than 1 year after the date of enactment of this 

17 subparagraph, revising NSF/ANSI standard 

18 number 61 such that the NSF Test Statistic Q 

19 applicable to plumbing fittings and fixtures 

20 shall be less than or equal to 5 micrograms. 

21 ‘‘(E) FAILURE TO COMPLETE REVISION.— 

22 If the Administrator determines that the revi23 sion required by subparagraph (D) has not been 

24 completed by the date that is 2 years after the 

25 date of enactment of this subparagraph, no per-
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1 son may import, manufacture, process, or dis2 tribute in commerce after that date any new 

3 pipe, or pipe or plumbing fitting or fixture, in4 tended by the manufacturer (or agent of the 

5 manufacturer) to convey or dispense water for 

6 human ingestion (including water for bathing) 

7 that is not lead free.’’. 

8 SEC. 8. REMOVAL OF LEAD IN SCHOOLS. 

9 (a) REMOVAL OF LEAD IN SCHOOLS AND EDU10 CATIONAL FACILITIES.—Section 1464 of the Safe Drink11 ing Water Act (42 U.S.C. 300j–24) is amended by striking 

12 subsection (d) and inserting the following: 

13 ‘‘(d) REMOVAL OF LEAD IN SCHOOLS AND EDU14 CATIONAL FACILITIES.—

15 ‘‘(1) TESTING AND REMEDIATION OF LEAD

16 CONTAMINATION.—Not later than 270 days after the 

17 date of enactment of the Lead-Free Drinking Water 

18 Act of 2005, the Administrator—

19 ‘‘(A) shall promulgate regulations requir20 ing each State to establish a program under 

21 which schools and other educational facilities li22 censed by the State are required to test for an23 nually, and remediate, lead contamination in 

24 water for human ingestion from coolers, taps, 

25 and other sources; and 
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1 ‘‘(B) may provide to each State, in accord2 ance with the regulations, a grant to assist, or 

3 provide reimbursement for costs incurred by, 

4 schools and educational facilities licensed by the 

5 State in carrying out testing and remediation 

6 described in subparagraph (A). 

7 ‘‘(2) PUBLIC AVAILABILITY.—

8 ‘‘(A) IN GENERAL.—The regulations shall 

9 provide that a copy of the results of any testing 

10 at a school or educational facility under para11 graph (1) shall be available in the reception 

12 area and administrative offices of the school or 

13 facility for inspection by the public, including—

14 ‘‘(i) teachers and other school or facil15 ity personnel; and 

16 ‘‘(ii) parents and legal guardians of 

17 students attending the school or facility. 

18 ‘‘(B) NOTIFICATION.—The regulations 

19 shall provide that each school and educational 

20 facility licensed by a State shall notify parent, 

21 teacher, and employee organizations of the 

22 availability of testing results described in sub23 paragraph (A). 

24 ‘‘(3) DRINKING WATER COOLERS.—In the case 

25 of drinking water coolers, the regulations promul-
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1 gated under paragraph (1)(A) shall provide that, 

2 under the program established by a State under the 

3 regulations, each school and educational facility li4 censed by the State shall carry out appropriate 

5 measures for the reduction or elimination of lead 

6 contamination from drinking water coolers that are 

7 located in the school or facility and are not lead free 

8 necessary to ensure that, not later than the date 

9 that is 15 months after the date of enactment of the 

10 Lead-Free Drinking Water Act of 2005, all such 

11 drinking water coolers in the school or facility are 

12 repaired, replaced, permanently removed, or ren13 dered inoperable (unless the drinking water cooler is 

14 tested and determined, within the limits of testing 

15 accuracy, not to contribute lead to drinking water). 

16 ‘‘(4) FEDERAL AUTHORITY.—In a case in which 

17 a State does not carry out the responsibilities of the 

18 State under this subsection, the Administrator shall 

19 carry out such a program or such responsibilities on 

20 behalf of the State. 

21 ‘‘(5) FUNDING.—

22 ‘‘(A) AUTHORIZATION OF APPROPRIA23 TIONS.—There is authorized to be appropriated 

24 to carry out this subsection $30,000,000 for 

25 each of fiscal years 2007 through 2011. 
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1 ‘‘(B) ADMINISTRATIVE EXPENSES.—A 

2 State (or, in a case in which the Administrator 

3 implements this subsection under paragraph 

4 (4), the Administrator) may use not more than 

5 5 percent of amounts authorized to be appro6 priated under subparagraph (A) for a fiscal 

7 year to pay administrative expenses incurred in 

8 carrying out this subsection for the fiscal 

9 year.’’. 

10 (b) ENFORCEMENT.—Section 1414(i)(1) of the Safe 

11 Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is amend12 ed—

13 (1) by striking ‘‘1417’’ and inserting ‘‘1417,’’; 

14 and 

15 (2) by striking ‘‘or 1445’’ and inserting ‘‘1445, 

16 or 1464(d)’’. 

17 (c) CONFORMING AMENDMENT.—Section 1465 of the 

18 Safe Drinking Water Act (42 U.S.C. 300j–25) is repealed. 

19 SEC. 9. REVISION OF REGULATIONS. 

20 In revising the national primary drinking water regu21 lation for lead under section 1412(b)(16) of the Safe 

22 Drinking Water Act (as added by section 2), the Adminis23 trator shall ensure that the revised regulation incorporates 
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1 all applicable requirements of this Act and the amend2 ments made by this Act.

Æ