II 

109TH CONGRESS 

1ST SESSION S. 1328 

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 SENATE OF THE UNITED STATES 

JUNE 29, 2005 

Mr. JEFFORDS (for himself and Mr. SARBANES) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

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’’. 
2

•S 1328 IS

1 SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING 

2 WATER REGULATION FOR LEAD. 

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

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

5 following: 

6 ‘‘(16) REVISION OF NATIONAL PRIMARY DRINK7 ING WATER REGULATION FOR LEAD.— 

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

9 months after the date of enactment of this 

10 paragraph, the Administrator shall finalize a 

11 rulemaking to review and revise the national 

12 primary drinking water regulation for lead that 

13 maintains or provides for greater protection of 

14 health as required under paragraph (9). 

15 ‘‘(B) PROTECTION FOR INDIVIDUALS.—

16 The revised regulation shall provide the max17 imum feasible protection for individuals that 

18 may be affected by lead contamination of drink19 ing water, particularly vulnerable populations 

20 such as infants, children, and pregnant and lac21 tating women. 

22 ‘‘(C) MAXIMUM CONTAMINANT LEVEL.— 

23 ‘‘(i) IN GENERAL.—The revised regu24 lation shall— 
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•S 1328 IS

1 ‘‘(I) establish a maximum con2 taminant level for lead in drinking 

3 water as measured at the tap; or 

4 ‘‘(II) if the Administrator deter5 mines that it is not practicable to es6 tablish such a level with adequate pro7 vision for variability and factors out8 side of the control of a public water 

9 system, establish a treatment tech10 nique in accordance with subpara11 graph (D). 

12 ‘‘(ii) BASIS OF LEVEL.—In estab13 lishing the maximum contaminant level 

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

15 the Administrator shall use as a basis the 

16 most protective of first draw samples, 

17 flushed samples, or both first draw and 

18 flushed samples. 

19 ‘‘(D) TREATMENT TECHNIQUE.—If the 

20 Administrator establishes a treatment technique 

21 for drinking water under subparagraph 

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

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

24 known or anticipated adverse effects on the 

25 health of individuals; 
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1 ‘‘(ii) include an action level for lead 

2 that is at least as stringent as the action 

3 level established by the national primary 

4 drinking water regulation for lead under 

5 subpart I of part 141 of title 40, Code of 

6 Federal Regulations (as in effect on the 

7 date of enactment of this paragraph); and 

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

9 individuals from very high lead levels in 

10 drinking water in isolated instances; 

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

12 individuals, as opposed to a statistical ma13 jority, from exposure to elevated lead levels 

14 in drinking water; 

15 ‘‘(III) promote continuing advances in 

16 corrosion control technologies and address 

17 the need to respond to changes in corro18 sion control and water treatment tech19 nologies; and 

20 ‘‘(IV) take into account the dem21 onstrated insufficiency of public notifica22 tion and education as a primary means of 

23 protecting public health from lead in 

24 water.’’. 
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1 SEC. 3. SERVICE LINE REPLACEMENT. 

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

3 (42 U.S.C. 300g–6(a)(1)) is amended by adding at the 

4 end the following: 

5 ‘‘(C) SERVICE LINE REPLACEMENT.— 

6 ‘‘(i) IN GENERAL.—Upon exceeding 

7 the maximum contaminant level or action 

8 level for lead, a community water system 

9 or nontransient noncommunity water sys10 tem shall annually replace at least 10 per11 cent of the non-lead-free service lines of 

12 the community water system or nontran13 sient noncommunity water system until all 

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

15 replaced. 

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

17 given to non-lead-free service lines that 

18 convey drinking water to— 

19 ‘‘(I) residences that receive 

20 drinking water with high lead levels; 

21 and 

22 ‘‘(II) residences and other build23 ings, such as day care facilities and 

24 schools, used by vulnerable popu25 lations, including infants, children, 

26 and pregnant and lactating women. 
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1 ‘‘(iii) REPLACEMENT RESPONSI2 BILITY.—Under no circumstance may a 

3 community water system or nontransient 

4 noncommunity water system avoid the re5 sponsibility to replace any non-lead-free 

6 service line by completing lead testing such 

7 as that referred to in section 141.84 of 

8 title 40, Code of Federal Regulations (as 

9 in effect on the date of enactment of this 

10 subparagraph). 

11 ‘‘(iv) REPLACEMENT OF NON-LEAD12 FREE SERVICE LINES.— 

13 ‘‘(I) IN GENERAL.—In carrying 

14 out this subparagraph and subject to 

15 subclause (II), a community water 

16 system or nontransient noncommunity 

17 water system shall replace the non18 lead-free service lines, including pub19 licly owned and, with the permission 

20 of applicable homeowners, privately 

21 owned portions of the service lines. 

22 ‘‘(II) REQUIREMENTS FOR PER23 MISSION.—In seeking permission from 

24 a homeowner to replace the private 

25 portion of non-lead-free service lines 
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1 under subclause (I), a community 

2 water system or nontransient non3 community water system shall provide 

4 to the homeowner in English, and, in 

5 areas with a large proportion of non6 English speaking residents, in each 

7 other appropriate language— 

8 ‘‘(aa) notification of the re9 placement that is separate from 

10 the notification required under 

11 paragraph (2); 

12 ‘‘(bb) a detailed description 

13 of the process by which non-lead14 free service lines will be replaced, 

15 including the date and approxi16 mate time of the replacement and 

17 a description of the ways in 

18 which property use will be dis19 rupted by the replacement proc20 ess; and 

21 ‘‘(cc) a description of actions 

22 that should be taken to avoid any 

23 lead contamination that may 

24 occur after replacement of the 

25 non-lead-free service lines. 
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•S 1328 IS

1 ‘‘(III) STATE OF PROPERTY.—

2 After completion of replacement of 

3 non-lead-free service lines, a commu4 nity water system or nontransient 

5 noncommunity water system shall 

6 make every reasonable effort to return 

7 property affected by the replacement 

8 to the state in which the property ex9 isted before the replacement. 

10 ‘‘(IV) ABSENCE OF PERMIS11 SION.—If, after 3 attempts to obtain 

12 permission from a homeowner under 

13 subclause (II), a community water 

14 system or nontransient noncommunity 

15 water system has not received permis16 sion, the water system shall provide 

17 final notice in English, and, in areas 

18 with a large proportion of non-English 

19 speaking residents, in each other ap20 propriate language, to the homeowner 

21 of— 

22 ‘‘(aa) the date and approxi23 mate time of replacement of the 

24 publicly owned portion of the 

25 non-lead-free service lines; and 
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•S 1328 IS

1 ‘‘(bb) a detailed description 

2 of actions that the homeowner 

3 should take to avoid any lead 

4 contamination that may occur 

5 after non-lead-free service line re6 placement. 

7 ‘‘(V) EXCEPTION.— 

8 ‘‘(aa) IN GENERAL.—If the 

9 Administrator determines, after 

10 providing an opportunity for pub11 lic notice and comment, that the 

12 practice of replacing only a por13 tion of a non-lead-free service 

14 line will generally result in higher 

15 lead levels in drinking water dur16 ing an extended period of time 

17 (as compared with leaving the en18 tire non-lead-free service line in 

19 place), the Administrator may 

20 provide for an exemption for the 

21 replacement in any case in which 

22 the applicable homeowner refuses 

23 to grant permission to replace 

24 portions of a non-lead-free service 

25 line under subclause (IV). 
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1 ‘‘(bb) REQUIREMENT OF EX2 EMPTION.—An exemption under 

3 item (aa) shall provide that, upon 

4 a change in ownership of a prop5 erty served by a non-lead-free 

6 service line, a new property 

7 owner may request that the com8 munity water system or nontran9 sient noncommunity water sys10 tem replace the non-lead-free 

11 service line for the property with12 in a reasonable period of time. 

13 ‘‘(VI) GRANTS.—Using amounts 

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

15 Administrator may provide grants to 

16 community water systems and non17 transient noncommunity water sys18 tems for use in replacing non-lead-free 

19 service lines.’’. 

20 SEC. 4. PUBLIC NOTICE AND EDUCATION. 

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

22 U.S.C. 300g–6(a)) is amended— 

23 (1) by redesignating paragraph (3) as para24 graph (4); and 
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1 (2) by striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) PUBLIC NOTICE REQUIREMENTS.— 

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

5 of a community water system or nontransient 

6 noncommunity water system shall identify and 

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

8 large proportion of non-English speaking resi9 dents, in each other appropriate language, to 

10 individuals and entities (and, under subpara11 graph (D), to specific residences) that may be 

12 exposed to lead contamination in the drinking 

13 water supply, as indicated by an exceedance of 

14 the maximum contaminant level or action level 

15 for lead, in a case in which the contamination 

16 results from— 

17 ‘‘(i) the lead content in the construc18 tion materials of the public water distribu19 tion system; or 

20 ‘‘(ii) corrosivity of the water supplied 

21 that is sufficient to cause leaching of lead. 

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

23 prepared under this paragraph shall provide a 

24 clear and readily understandable explanation 

25 of— 
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1 ‘‘(i) detailed information on the num2 ber of residences the drinking water of 

3 which was tested and the areas of the city 

4 or community in which those residences 

5 are located, including a description of lead 

6 levels found in the drinking water; 

7 ‘‘(ii) the presence or absence of non8 lead-free service lines for each household 

9 receiving drinking water from the commu10 nity water system or nontransient non11 community water system; 

12 ‘‘(iii) the potential adverse health ef13 fects of lead contamination of drinking 

14 water, including a detailed description of 

15 the disproportionate adverse effects of lead 

16 contamination of drinking water on in17 fants, children, and pregnant and lactating 

18 women; 

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

20 drinking water (including, at a minimum, 

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

22 lead solder, and leaded plumbing fixtures); 

23 ‘‘(v) information sources regarding 

24 the cost and availability of lead-free plumb25 ing fixtures for use in residences; 
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1 ‘‘(vi) reasonably available methods of 

2 mitigating known or potential lead con3 tamination of drinking water, including— 

4 ‘‘(I) a detailed, step-by-step de5 scription of immediate actions that 

6 should be taken, such as the use of a 

7 certified water filter or other acquisi8 tion of an alternative water supply; 

9 and 

10 ‘‘(II) a summary of more exten11 sive actions that could be taken; 

12 ‘‘(vii) any steps the community water 

13 system or nontransient noncommunity 

14 water system is taking to mitigate lead 

15 content in drinking water, including— 

16 ‘‘(I) a timeline for decision17 making; 

18 ‘‘(II) a description of the means 

19 by which the public will provide input 

20 in the decisionmaking process; and 

21 ‘‘(III) a description of the poten22 tial health effects of any corrosion 

23 control modifications; 

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

25 alternative water supplies; and 
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•S 1328 IS

1 ‘‘(ix) contact information for— 

2 ‘‘(I) medical assistance, including 

3 State and local agencies responsible 

4 for lead programs; 

5 ‘‘(II) the community water sys6 tem or nontransient noncommunity 

7 water system; and 

8 ‘‘(III) the task force established 

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

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

11 paragraph shall place special emphasis on— 

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

13 other individuals and entities of the signifi14 cantly greater risks to infants, children, 

15 and pregnant and lactating women posed 

16 by lead contamination of drinking water; 

17 and 

18 ‘‘(ii) encouraging individuals and enti19 ties threatened by lead contamination in 

20 the drinking water supply to immediately 

21 modify behavior and follow other rec22 ommendations in the notice so as to mini23 mize exposure to lead in drinking water. 

24 ‘‘(D) DELIVERY OF NOTICE.— 
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1 ‘‘(i) NOTICE TO ALL RESIDENCES AND

2 ENTITIES.— 

3 ‘‘(I) IN GENERAL.—The notice 

4 under subparagraph (A) shall be pro5 vided to each residence or entity that 

6 receives water from the community 

7 water system or nontransient non8 community water system. 

9 ‘‘(II) WARNING.—Each commu10 nity water system and nontransient 

11 noncommunity water system shall 

12 print on the water bill provided to 

13 each residence and entity described in 

14 subclause (I) a warning that there is 

15 a public health risk from high lead 

16 levels in the drinking water. 

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

18 under subparagraph (A) shall be deliv19 ered— 

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

21 the date on which the maximum con22 taminant level or action level for lead 

23 is exceeded; and 

24 ‘‘(II) every 90 days thereafter for 

25 as long as the exceedance continues. 
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1 ‘‘(E) NOTICE OF TEST RESULTS.—Regard2 less of whether the maximum contaminant level 

3 or action level for lead is exceeded, not later 

4 than 14 days after the date of receipt of any 

5 water lead test results conducted by the com6 munity water system or nontransient non7 community water system, the water system 

8 shall provide to the owners and occupants of 

9 each residence tested a notice of the test results 

10 that includes— 

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

12 for that residence; 

13 ‘‘(ii) contact information (including a 

14 telephone number, address, and, if avail15 able, the Internet site address) for the ap16 plicable State or local health department or 

17 other agency for immediate assistance with 

18 blood lead level testing and lead remedi19 ation; and 

20 ‘‘(iii) the information and emphasis 

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

22 ‘‘(F) VERIFICATION OF EFFECTIVENESS.— 

23 ‘‘(i) IN GENERAL.—Not later than 

24 180 days after the date of enactment of 

25 this subparagraph, the Administrator shall 
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1 establish verification procedures that en2 sure that notices provided under this para3 graph are effective and appropriate, taking 

4 into consideration risks posed to individ5 uals and entities that may be exposed to 

6 lead contamination in drinking water. 

7 ‘‘(ii) CONTENTS.—The procedures 

8 shall provide means of verifying, at a min9 imum, whether a notice— 

10 ‘‘(I) reaches the intended individ11 uals and entities; 

12 ‘‘(II) is received and understood 

13 by those individuals and entities; and 

14 ‘‘(III) includes an appropriate de15 scription of the level of risk posed to 

16 those individuals and entities by lead 

17 contamination of drinking water. 

18 ‘‘(3) PUBLIC EDUCATION PROGRAM.— 

19 ‘‘(A) IN GENERAL.—Each owner or oper20 ator of a community water system or nontran21 sient noncommunity water system shall estab22 lish and carry out a permanent, public edu23 cation program on lead in drinking water that 

24 includes— 
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1 ‘‘(i) development and implementation 

2 of an action plan; 

3 ‘‘(ii) establishment and maintenance 

4 of a standing, community-based task force; 

5 ‘‘(iii) development and implementation 

6 of a voluntary household water testing pro7 gram; and 

8 ‘‘(iv) preparation and delivery of pub9 lic education materials in each relevant 

10 language. 

11 ‘‘(B) ACTION PLAN.—The action plan de12 veloped under subparagraph (A)(i) shall achieve 

13 the objectives of— 

14 ‘‘(i) defining the target audience for 

15 the public education program; 

16 ‘‘(ii) outlining a voluntary customer 

17 water testing program for lead; 

18 ‘‘(iii) identifying types of educational 

19 materials to be used at each stage of public 

20 education; and 

21 ‘‘(iv) determining the appropriate tim22 ing and method of delivery of information 

23 on lead in drinking water. 

24 ‘‘(C) TASK FORCE.— 
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1 ‘‘(i) MEMBERSHIP.—In establishing 

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

3 the community water system or nontran4 sient noncommunity water system shall so5 licit the participation of— 

6 ‘‘(I) State, city, and county offi7 cials and agencies, including officials 

8 and agencies responsible for water 

9 quality, environmental protection, and 

10 testing for elevated lead levels in 

11 drinking water and in individuals; 

12 ‘‘(II) local public school systems; 

13 ‘‘(III) public hospitals and clin14 ics; 

15 ‘‘(IV) child care facilities; and 

16 ‘‘(V) interested private entities. 

17 ‘‘(ii) RESPONSIBILITIES.—The task 

18 force shall— 

19 ‘‘(I) assist community water sys20 tems and nontransient noncommunity 

21 water systems in developing and revis22 ing action plans developed under sub23 paragraph (A)(i); 
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1 ‘‘(II) review the effectiveness of 

2 public notice provided under para3 graph (2); 

4 ‘‘(III) make recommendations to 

5 community water systems and non6 transient noncommunity water sys7 tems; 

8 ‘‘(IV) provide a means by which 

9 community water systems and non10 transient noncommunity water sys11 tems may share information with the 

12 public; and 

13 ‘‘(V) facilitate the response of a 

14 community water system or nontran15 sient noncommunity water system in 

16 the event of an exceedance of the 

17 maximum contaminant level or action 

18 level for lead. 

19 ‘‘(D) WATER TESTING PROGRAM.—In de20 veloping a voluntary water testing program 

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

22 water system or nontransient noncommunity 

23 water system shall— 

24 ‘‘(i) provide a means by which individ25 uals and entities may request water testing 
21

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1 with a single phone call, letter, or elec2 tronically mailed letter; 

3 ‘‘(ii) conduct applicable tests in a 

4 timely manner, including ensuring that 

5 water samples are retrieved from house6 holds in a timely manner; 

7 ‘‘(iii) ensure that tests are conducted 

8 properly by certified laboratories; and 

9 ‘‘(iv) provide to individuals and enti10 ties that requested water testing the re11 sults of the tests, and any additional appli12 cable information (such as information 

13 contained in educational materials de14 scribed in subparagraph (E)) in a timely 

15 manner. 

16 ‘‘(E) CONTENTS.— 

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

18 and consumer awareness materials pro19 vided under this paragraph shall include— 

20 ‘‘(I) the potential adverse health 

21 effects of lead contamination of drink22 ing water, including a detailed de23 scription of the disproportionate ad24 verse effects of lead contamination of 
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1 drinking water on infants, children, 

2 and pregnant and lactating women; 

3 ‘‘(II) the potential sources of lead 

4 in drinking water (including, at a 

5 minimum, non-lead-free service lines, 

6 lead solder, and leaded plumbing fix7 tures); 

8 ‘‘(III) a summary of the histor9 ical compliance of the community 

10 water system or nontransient non11 community water system as evidenced 

12 by testing conducted under the na13 tional primary drinking water regula14 tion for lead, including any corrective 

15 actions taken and the schedule for the 

16 next testing cycle; 

17 ‘‘(IV) the cost and availability of 

18 lead-free plumbing fixtures for use in 

19 residences; and 

20 ‘‘(V) contact information for— 

21 ‘‘(aa) medical assistance, in22 cluding State and local agencies 

23 responsible for lead programs; 
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1 ‘‘(bb) the community water 

2 system or nontransient non3 community water system; and 

4 ‘‘(cc) the task force estab5 lished under subparagraph 

6 (A)(ii). 

7 ‘‘(ii) EMPHASIS.—A notice under this 

8 paragraph shall place special emphasis 

9 on— 

10 ‘‘(I) alerting parents, caregivers, 

11 and other individuals and entities of 

12 the significantly greater risks to in13 fants, children, and pregnant and lac14 tating women posed by lead contami15 nation of drinking water; and 

16 ‘‘(II) encouraging individuals and 

17 entities threatened by lead contamina18 tion in the drinking water supply to 

19 immediately modify behavior and fol20 low other recommendations in the no21 tice so as to minimize exposure to lead 

22 in drinking water. 

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

24 Notwithstanding any absence of an exceedance 

25 of the maximum contaminant level or action 
24

•S 1328 IS

1 level for lead, a community water system or 

2 nontransient noncommunity water system shall 

3 provide biannually to customers of the commu4 nity water system or nontransient noncommu5 nity water system— 

6 ‘‘(i) public education materials and 

7 notice in accordance with this paragraph, 

8 including a general description of other 

9 sources of lead contamination (such as lead 

10 paint); and 

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

12 water testing conducted by the community 

13 water system or nontransient noncommu14 nity water system. 

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

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

17 only to community water systems and nontran18 sient noncommunity water systems that, at any 

19 time after June 7, 1991, exceed or have exceed20 ed the maximum contaminant level or action 

21 level for lead.’’. 

22 SEC. 5. ADDITIONAL PROVISIONS. 

23 Section 1417 of the Safe Drinking Water Act (42 

24 U.S.C. 300g–6) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(f) FILTERS.— 

2 ‘‘(1) IN-HOME FILTERS.— 

3 ‘‘(A) FILTERS.— 

4 ‘‘(i) IN GENERAL.—After an exceed5 ance of a maximum contaminant level or 

6 action level for lead by a community water 

7 system or nontransient noncommunity 

8 water system, the community water system 

9 or nontransient noncommunity water sys10 tem shall provide on-location filters and re11 placement filters described in subpara12 graph (C) to each residence, school, and 

13 day care facility in the service area of the 

14 community water system or nontransient 

15 noncommunity water system that could 

16 reasonably be expected to experience lead 

17 contamination of drinking water in excess 

18 of the maximum contaminant level or ac19 tion level for lead. 

20 ‘‘(ii) TIMING.—Filters and replace21 ment filters shall be provided to a commu22 nity water system or nontransient non23 community water system under clause (i) 

24 until such time as the system no longer ex-
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1 ceeds the maximum contaminant level or 

2 action level. 

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

4 ‘‘(i) first, to vulnerable populations 

5 such as infants, children, and pregnant 

6 and lactating women; and 

7 ‘‘(ii) second, to those residences, 

8 schools, and day care facilities that have or 

9 could be expected to have higher lead lev10 els, based on testing results under the na11 tional primary drinking water regulation 

12 for lead. 

13 ‘‘(C) STANDARDS AND CERTIFICATIONS

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

15 provided under subparagraph (A) shall be cer16 tified by a third-party certifier accredited by the 

17 American National Standards Institute (re18 ferred to in this section as ‘ANSI’) to the ap19 propriate NSF International (referred to in this 

20 section as ‘NSF’)/ANSI standard for lead re21 duction. 

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

23 under paragraph (1) shall not be limited to resi24 dences known to have non-lead-free service lines. 
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1 ‘‘(3) WAIVER OF CERTAIN REQUIREMENTS.—

2 The Administrator may waive 1 or more require3 ments under this subsection if the Administrator de4 termines that the requirements are not feasible or 

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

6 ‘‘(g) FEDERAL AGENCIES.— 

7 ‘‘(1) IN GENERAL.—Each Federal agency shall 

8 conduct water supply testing in each federally-owned 

9 or federally-occupied building under the jurisdiction 

10 of the Federal agency to determine whether lead lev11 els in drinking water in the building require action 

12 to provide a level of protection consistent with sec13 tion 1412(b)(16)(B). 

14 ‘‘(2) METHODOLOGY AND GUIDANCE.—The Ad15 ministrator shall establish a methodology and pro16 vide guidance for testing and remediation in Federal 

17 buildings that will provide a level of protection con18 sistent with section 1412(b)(16)(B). 

19 ‘‘(3) APPLICABILITY.— 

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

21 not apply to a Federal building that is served 

22 by a federally-owned or federally-operated pub23 lic water system that is subject to the national 

24 primary drinking water regulation for lead. 
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1 ‘‘(B) OTHER REQUIREMENTS.—Nothing in 

2 this subsection affects any requirement applica3 ble to a public water system. 

4 ‘‘(h) TESTING.— 

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

6 the date of enactment of this subsection, in accord7 ance with testing requirements under the national 

8 primary drinking water regulation for lead, each 

9 community water system and nontransient non10 community water system described in paragraph (2) 

11 shall initiate, and complete not later than 180 days 

12 after the date of initiation, a testing program for 

13 lead in drinking water that is consistent with the 

14 monitoring requirements under section 141.86 of 

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

16 regulation) that are associated with the final rule 

17 entitled ‘Maximum Contaminant Level Goals and 

18 National Primary Drinking Water Regulations for 

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

20 1991)). 

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

22 each community water system and nontransient non23 community water system that— 

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

25 on a reduced monitoring plan in accordance 
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1 with section 141.86(c) of title 40, Code of Fed2 eral Regulations; 

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

4 final rule entitled ‘National Primary Drinking 

5 Water Regulations: Disinfectants and Disinfec6 tion Byproducts, Part IV’ (63 Fed. Reg. 69390 

7 (December 16, 1998)) (referred to in this sec8 tion as the ‘Stage 1 Rule’); and 

9 ‘‘(C) has not conducted monitoring under 

10 the reduced monitoring plan of the system since 

11 making significant changes as a means of com12 plying with the Stage 1 Rule (as in effect on 

13 the date of enactment of this subsection). 

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

15 the monitoring requirements under the national primary 

16 drinking water regulation for lead to— 

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

18 ‘‘(2) ensure that monitoring is statistically rel19 evant and fully representative of all types of residen20 tial dwellings and commercial establishments; 

21 ‘‘(3) ensure that monitoring frequency and 

22 scope are enhanced for— 

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

24 any substantial modification of the treatment of 

25 drinking water provided; and 
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1 ‘‘(B) any period during which the drinking 

2 water of a water system exceeds the maximum 

3 contaminant level or action level for lead; 

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

5 conduct drinking water analyses under this Act, a 

6 laboratory shall electronically report lead test results 

7 for public water systems (and such other results or 

8 data as are determined to be appropriate by the Ad9 ministrator), in accordance with protocols estab10 lished by the Administrator, directly to the Adminis11 trator and the applicable State or local agency; and 

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

13 Water Information System and the National Con14 taminant Occurrence Database of the Administrator 

15 reliably and timely reflect information regarding 

16 drinking water quality and compliance with respect 

17 to lead. 

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

19 primary drinking water regulation for lead, the Adminis20 trator shall ensure that any requirement for corrosion con21 trol includes a requirement that, not later than 1 year 

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

23 an exceedance of the maximum contaminant level or action 

24 level for lead, each community water system and nontran25 sient noncommunity water system shall— 
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1 ‘‘(1) reevaluate any corrosion control plan in 

2 place for the water system; and 

3 ‘‘(2) implement any changes necessary to re4 optimize the plan.’’. 

5 SEC. 6. NON-LEAD FREE SERVICE LINE REPLACEMENT 

6 FUND. 

7 Section 1417 of the Safe Drinking Water Act (42 

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

9 adding at the end the following: 

10 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 appropriated to carry out replacement of non-lead13 free service lines under subsection (a)(1)(C)(iv)(VI) 

14 $200,000,000 for each of fiscal years 2006 through 

15 2010. 

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

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

18 of fiscal years 2006 through 2010 is authorized for 

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

20 District of Columbia.’’. 

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

22 AND FLUX. 

23 (a) DEFINITIONS.—Section 1417 of the Safe Drink24 ing Water Act (42 U.S.C. 300g–6) is amended by striking 

25 subsection (d) and inserting the following: 
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1 ‘‘(d) DEFINITIONS.—In this section: 

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

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

4 contains more than 2 percent lead. 

5 ‘‘(2) LEAD FREE.—The term ‘lead free’ means 

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

7 fixture that contains not more than 0.2 percent lead. 

8 ‘‘(3) PLUMBING FITTING; PLUMBING FIX9 TURE.—The terms ‘plumbing fitting’ and ‘plumbing 

10 fixture’ do not include— 

11 ‘‘(A) any porcelain item; or 

12 ‘‘(B) any plumbing component that does 

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

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

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

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

17 that follows through paragraph (1)(A)(ii) and insert18 ing the following: ‘‘(a) USE OF LEAD PIPES, SOL19 DER, AND FLUX.— 

20 ‘‘(1) PROHIBITIONS.— 

21 ‘‘(A) IN GENERAL.— 

22 ‘‘(i) SOLDER AND FLUX.—No person 

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

24 or flux that is not lead free in the installa25 tion or repair of any public water system 
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1 or any plumbing in a residential or non2 residential facility providing water for 

3 human ingestion (including water for bath4 ing). 

5 ‘‘(ii) PIPES; PIPE AND PLUMBING FIT6 TINGS AND FIXTURES.— 

7 ‘‘(I) IN GENERAL.—Not later 

8 than 1 year after the date of enact9 ment of the Lead-Free Drinking 

10 Water Act of 2005, no person may 

11 use any high lead pipe, or pipe or 

12 plumbing fitting or fixture, in the in13 stallation or repair of— 

14 ‘‘(aa) any public water sys15 tem; or 

16 ‘‘(bb) any plumbing in a res17 idential or nonresidential facility 

18 providing water for human inges19 tion (including water for bath20 ing). 

21 ‘‘(II) PROHIBITION.—On and 

22 after the date that is 5 years after the 

23 date of enactment of the Lead-Free 

24 Drinking Water Act of 2005, no per25 son may use any pipe, or pipe or 
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1 plumbing fitting or fixture, that is not 

2 lead free in the installation or repair 

3 of— 

4 ‘‘(aa) any public water sys5 tem; or 

6 ‘‘(bb) any plumbing in a res7 idential or nonresidential facility 

8 providing water for human inges9 tion (including water for bath10 ing).’’; and 

11 (2) in paragraph (3), by striking ‘‘(3) UNLAW12 FUL ACTS.—’’ and all that follows through subpara13 graph (A) and inserting the following: 

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

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

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

17 unlawful— 

18 ‘‘(A) for any person to introduce into com19 merce any pipe, or pipe or plumbing fitting or 

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

21 pipe or plumbing fitting or fixture (except for 

22 a pipe that is used in manufacturing or indus23 trial processing);’’. 

24 (c) CERTIFICATION; TECHNICAL INFORMATION AND

25 ASSISTANCE; FAILURE TO COMPLETE REVISION.—Sec-
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1 tion 1417(e)(2) of the Safe Drinking Water Act (42 

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

3 the following: 

4 ‘‘(C) CERTIFICATION.—The Administrator 

5 shall require that any plumbing fitting or fix6 ture intended by the manufacturer (or agent of 

7 the manufacturer) to convey or dispense water 

8 for human ingestion (including water for bath9 ing) be certified by an independent, third-party 

10 certifier accredited by ANSI as meeting the re11 quirements of NSF/ANSI standard number 61 

12 as described in subparagraph (A). 

13 ‘‘(D) TECHNICAL INFORMATION AND AS14 SISTANCE.—The Administrator shall provide ac15 curate and timely technical information and as16 sistance to qualified third-party certifiers de17 scribed in subparagraph (C), and to the NSF, 

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

19 than 1 year after the date of enactment of this 

20 subparagraph, revising NSF/ANSI standard 

21 number 61 such that the NSF Test Statistic Q 

22 applicable to plumbing fittings and fixtures 

23 shall be less than or equal to 5 micrograms. 

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

25 If the Administrator determines that the revi-
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1 sion required by subparagraph (D) has not been 

2 completed by the date that is 2 years after the 

3 date of enactment of this subparagraph, no per4 son may import, manufacture, process, or dis5 tribute in commerce after that date any new 

6 pipe, or pipe or plumbing fitting or fixture, in7 tended by the manufacturer (or agent of the 

8 manufacturer) to convey or dispense water for 

9 human ingestion (including water for bathing) 

10 that is not lead free.’’. 

11 SEC. 8. REMOVAL OF LEAD IN SCHOOLS. 

12 (a) REMOVAL OF LEAD IN SCHOOLS AND EDU13 CATIONAL FACILITIES.—Section 1464 of the Safe Drink14 ing Water Act (42 U.S.C. 300j–24) is amended by striking 

15 subsection (d) and inserting the following: 

16 ‘‘(d) REMOVAL OF LEAD IN SCHOOLS AND EDU17 CATIONAL FACILITIES.— 

18 ‘‘(1) TESTING AND REMEDIATION OF LEAD

19 CONTAMINATION.—Not later than 270 days after the 

20 date of enactment of the Lead-Free Drinking Water 

21 Act of 2005, the Administrator— 

22 ‘‘(A) shall promulgate regulations requir23 ing each State to establish a program under 

24 which schools and other educational facilities li25 censed by the State are required to test for an-
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1 nually, and remediate, lead contamination in 

2 water for human ingestion from coolers, taps, 

3 and other sources; and 

4 ‘‘(B) may provide to each State, in accord5 ance with the regulations, a grant to assist, or 

6 provide reimbursement for costs incurred by, 

7 schools and educational facilities licensed by the 

8 State in carrying out testing and remediation 

9 described in subparagraph (A). 

10 ‘‘(2) PUBLIC AVAILABILITY.— 

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

12 provide that a copy of the results of any testing 

13 at a school or educational facility under para14 graph (1) shall be available in the reception 

15 area and administrative offices of the school or 

16 facility for inspection by the public, including— 

17 ‘‘(i) teachers and other school or facil18 ity personnel; and 

19 ‘‘(ii) parents and legal guardians of 

20 students attending the school or facility. 

21 ‘‘(B) NOTIFICATION.—The regulations 

22 shall provide that each school and educational 

23 facility licensed by a State shall notify parent, 

24 teacher, and employee organizations of the 
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1 availability of testing results described in sub2 paragraph (A). 

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

4 of drinking water coolers, the regulations promul5 gated under paragraph (1)(A) shall provide that, 

6 under the program established by a State under the 

7 regulations, each school and educational facility li8 censed by the State shall carry out appropriate 

9 measures for the reduction or elimination of lead 

10 contamination from drinking water coolers that are 

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

12 necessary to ensure that, not later than the date 

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

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

15 drinking water coolers in the school or facility are 

16 repaired, replaced, permanently removed, or ren17 dered inoperable (unless the drinking water cooler is 

18 tested and determined, within the limits of testing 

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

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

21 a State does not carry out the responsibilities of the 

22 State under this subsection, the Administrator shall 

23 carry out such a program or such responsibilities on 

24 behalf of the State. 

25 ‘‘(5) FUNDING.— 
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1 ‘‘(A) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

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

4 each of fiscal years 2007 through 2011. 

5 ‘‘(B) ADMINISTRATIVE EXPENSES.—A 

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

7 implements this subsection under paragraph 

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

9 5 percent of amounts authorized to be appro10 priated under subparagraph (A) for a fiscal 

11 year to pay administrative expenses incurred in 

12 carrying out this subsection for the fiscal 

13 year.’’. 

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

15 Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is amend16 ed— 

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

18 and 

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

20 or 1464(d)’’. 

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

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

23 SEC. 9. REVISION OF REGULATIONS. 

24 In revising the national primary drinking water regu25 lation for lead under section 1412(b)(16) of the Safe 
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1 Drinking Water Act (as added by section 2), the Adminis2 trator shall ensure that the revised regulation incorporates 

3 all applicable requirements of this Act and the amend4 ments made by this Act.

Æ