II 

116TH CONGRESS 

1ST SESSION S. 2087 

To improve the removal of lead from drinking water in public housing. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2019 

Ms. DUCKWORTH (for herself, Mr. YOUNG, Ms. STABENOW, and Mr. DURBIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Banking, Housing, and Urban Affairs 

A BILL 

To improve the removal of lead from drinking water in 

public housing. 

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 ‘‘Get the Lead Out of 

5 Assisted Housing Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 


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1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Housing and Urban De3 velopment. 

4 (3) LEAD SERVICE LINE.—The term ‘‘lead serv5 ice line’’ has the meaning given the term in section 

6 141.2 of title 40, Code of Federal Regulations, or 

7 any successor thereto. 

8 (4) PILOT PROGRAM.—The term ‘‘pilot pro9 gram’’ means the program for providing grants es10 tablished under section 6(a). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Housing and Urban Development. 

13 SEC. 3. SENSE OF THE SENATE. 

14 It is the sense of the Senate that— 

15 (1) lead is a dangerous neurotoxin that can per16 manently impact brain development, especially in 

17 young children; 

18 (2) the Centers for Disease Control and Preven19 tion, the Environmental Protection Agency, the 

20 American Association of Pediatrics, and many other 

21 entities have determined that there is no safe level 

22 of lead exposure; 

23 (3) for vulnerable populations like young chil24 dren, pregnant mothers, and the elderly, exposure to 

25 lead can be life altering; 


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1 (4) evidence is mounting that the lead in drink2 ing water problem in the United States is grossly 

3 underestimated and inadequately addressed; 

4 (5) according to the Environmental Protection 

5 Agency, lead service lines are the single largest 

6 source of lead in drinking water; and 

7 (6) partial lead service line replacement, where 

8 only a portion of a lead service line is replaced, can 

9 increase lead exposure. 

10 SEC. 4. UNIFORM PHYSICAL CONDITION STANDARDS. 

11 The Secretary, in consultation with the Adminis12 trator, shall amend the physical condition standards set 

13 forth in section 5.703 of title 24, Code of Federal Regula14 tions, to require that— 

15 (1) the entities responsible for maintaining 

16 housing inspect building systems to determine, using 

17 tests that incorporate the best available technology 

18 and science, if— 

19 (A) there are lead service lines; or 

20 (B) there is lead in the service line that 

21 connects the interior plumbing to the public 

22 water supply; and 

23 (2) if a lead service line is found or lead is 

24 found in a service line that connects to the interior 


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1 plumbing of the housing at the water meter, the en2 tity responsible for maintaining the housing shall— 

3 (A) not later than 1 day after the date on 

4 which the lead is found, notify each tenant of 

5 the housing that the lead was found and of 

6 safety precautions that should be taken; 

7 (B) disclose that information within 30 

8 days to any water utility entity relevant to the 

9 housing; 

10 (C) provide necessary interim measures to 

11 reduce exposure to the lead, such as water fil12 ters designed to remove lead and other innova13 tive technologies, based on guidance from the 

14 Administrator; and 

15 (D) prohibit the partial replacement of 

16 lead service lines. 

17 SEC. 5. AUTHORITY TO INSPECT ALL SOURCES OF LEAD. 

18 The Secretary may inspect all sources of lead con19 tamination in housing assisted by a program of the De20 partment and work in coordination with the Environ21 mental Protection Agency to mitigate sources of lead expo22 sure as a result of water from the public water supply 

23 and ambient air levels or industrial emissions. 


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1 SEC. 6. HEALTHY HOMES LEAD IN DRINKING WATER PILOT 

2 PROGRAM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, the Secretary 

6 shall begin providing grants to State and local gov7 ernments responsible for developing consolidated 

8 plans under part 91 of title 24, Code of Federal 

9 Regulations. 

10 (2) PURPOSE.—The Secretary shall design the 

11 grants under the pilot program to— 

12 (A) identify lead service lines and other 

13 sources of lead in drinking water serving hous14 ing units and take steps to remediate those 

15 threats; and 

16 (B) optimize corrosion control treatment in 

17 public water systems serving housing units. 

18 (b) ACTIVITIES.—A State or local government receiv19 ing a grant under the pilot program shall prioritize the 

20 following activities: 

21 (1) Creating an inventory of lead service lines, 

22 which shall— 

23 (A) be published on the website of the 

24 State or local government; and 

25 (B) involve— 


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1 (i) working with local water utilities 

2 that may have a similar inventory; 

3 (ii) inspecting for lead service lines at 

4 their entry point into a building using 

5 methods that do not disturb the pipe; 

6 (iii) conducting an inspection of visi7 ble pipes at all access points; and 

8 (iv) prioritizing buildings based on the 

9 age of the building, historical records, and 

10 the size of the service line. 

11 (2) Testing for lead in the drinking water at 

12 child care facilities and schools and providing reme13 diation, as appropriate. 

14 (3) Testing for lead in the drinking water at 

15 water fountains in public facilities and providing re16 mediation, as appropriate. 

17 SEC. 7. HEALTHY HOMES AND LEAD HAZARD CONTROL OF18 FICE. 

19 (a) IN GENERAL.—The Office of Lead Hazard Con20 trol and Healthy Homes of the Department shall, when 

21 providing grants for lead-based paint hazard reduction in 

22 target housing under section 1011 of the Residential 

23 Lead-Based Paint Hazard Reduction Act of 1992 (42 

24 U.S.C. 4852)— 


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1 (1) ensure that testing for lead in drinking 

2 water is conducted; 

3 (2) require notification of tenants of the level of 

4 lead in drinking water found; and 

5 (3) implement interim controls, such as the in6 stallation of water filters known to remove lead. 

7 (b) USE OF FUNDS FOR REPLACEMENT.—The Sec8 retary shall allow recipients of assistance from the Office 

9 of Lead Hazard Control and Healthy Homes of the De10 partment or another program of the Department to use 

11 the funds to replace leaded water fixtures and lead service 

12 lines. 

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Sec15 retary such sums as may be necessary to carry out this 

16 Act. 

Æ 


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