II 

108TH CONGRESS 

2D SESSION S. 2377

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 

MAY 4, 2004

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 2004’’. 
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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 adequate 

17 protection for individuals that may be affected 

18 by lead contamination of drinking water, par19 ticularly vulnerable populations such as infants, 

20 children, and pregnant and lactating women. 

21 ‘‘(C) MAXIMUM CONTAMINANT LEVEL.— 

22 ‘‘(i) IN GENERAL.—The revised regu23 lation shall— 

24 ‘‘(I) establish a maximum con25 taminant level for lead in drinking 

26 water as measured at the tap; or 
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1 ‘‘(II) if the Administrator deter2 mines that it is not practicable to es3 tablish such a level with adequate pro4 vision for variability and factors out5 side of the control of a public water 

6 system, establish a treatment tech7 nique in accordance with subpara8 graph (D). 

9 ‘‘(ii) BASIS OF LEVEL.—In estab10 lishing the maximum contaminant level 

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

12 the Administrator shall use as a basis the 

13 most protective of first draw samples, 

14 flushed samples, or both first draw and 

15 flushed samples. 

16 ‘‘(D) TREATMENT TECHNIQUE.—If the 

17 Administrator establishes a treatment technique 

18 for drinking water under subparagraph 

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

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

21 known or anticipated adverse effects on the 

22 health of individuals; 

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

24 that is at least as stringent as the action 

25 level established by the national primary 
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•S 2377 IS 

1 drinking water regulation for lead under 

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

3 Federal Regulations (as in effect on the 

4 date of enactment of this paragraph); and 

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

6 individuals from very high lead levels in 

7 drinking water in isolated instances; 

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

9 individuals, as opposed to a statistical ma10 jority, from exposure to elevated lead levels 

11 in drinking water; 

12 ‘‘(III) promote continuing advances in 

13 corrosion control technologies and address 

14 the need to respond to changes in corro15 sion control and water treatment tech16 nologies; and 

17 ‘‘(IV) take into account the dem18 onstrated insufficiency of public notifica19 tion and education as a primary means of 

20 protecting public health from lead in 

21 water.’’. 

22 SEC. 3. SERVICE LINE REPLACEMENT. 

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

24 (42 U.S.C. 300g–6(a)(1)) is amended by adding at the 

25 end the following: 
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•S 2377 IS 

1 ‘‘(C) SERVICE LINE REPLACEMENT.— 

2 ‘‘(i) IN GENERAL.—Upon exceeding 

3 the maximum contaminant level or action 

4 level for lead, a community water system 

5 or nontransient noncommunity water sys6 tem shall annually replace at least 10 per7 cent of the non-lead free service lines of 

8 the community water system or nontran9 sient noncommunity water system until all 

10 of the non-lead free service lines have been 

11 replaced. 

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

13 given to non-lead free service lines that 

14 convey drinking water to— 

15 ‘‘(I) residences that receive 

16 drinking water with high lead levels; 

17 and 

18 ‘‘(II) residences and other build19 ings, such as day care facilities and 

20 schools, used by vulnerable popu21 lations, including infants, children, 

22 and pregnant and lactating women. 

23 ‘‘(iii) REPLACEMENT RESPONSI24 BILITY.—Under no circumstance may a 

25 community water system or nontransient
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1 noncommunity water system avoid the re2 sponsibility to replace any non-lead free 

3 service line by completing lead testing such 

4 as that referred to in section 141.84 of 

5 title 40, Code of Federal Regulations (as 

6 in effect on the date of enactment of this 

7 subparagraph). 

8 ‘‘(iv) REPLACEMENT OF NON-LEAD

9 FREE SERVICE LINES.— 

10 ‘‘(I) IN GENERAL.—In carrying 

11 out this subparagraph and subject to 

12 subclause (II), a community water 

13 system or nontransient noncommunity 

14 water system shall replace the non15 lead free service lines, including pub16 licly owned and, with the permission 

17 of applicable homeowners, privately 

18 owned portions of the service lines. 

19 ‘‘(II) REQUIREMENTS FOR PER20 MISSION.—In seeking permission from 

21 a homeowner to replace the private 

22 portion of non-lead free service lines 

23 under subclause (I), a community 

24 water system or nontransient non-
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1 community water system shall provide 

2 to the homeowner— 

3 ‘‘(aa) notification of the re4 placement that is separate from 

5 the notification required under 

6 paragraph (2); 

7 ‘‘(bb) a detailed description 

8 of the process by which non-lead 

9 free service lines will be replaced, 

10 including the date and approxi11 mate time of the replacement and 

12 a description of the ways in 

13 which property use will be dis14 rupted by the replacement proc15 ess; and 

16 ‘‘(cc) a description of actions 

17 that should be taken to avoid any 

18 lead contamination that may 

19 occur after replacement of the 

20 non-lead free service lines. 

21 ‘‘(III) STATE OF PROPERTY.—

22 After completion of replacement of 

23 non-lead free service lines, a commu24 nity water system or nontransient 

25 noncommunity water system shall 
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1 make every reasonable effort to return 

2 property affected by the replacement 

3 to the state in which the property ex4 isted before the replacement. 

5 ‘‘(IV) ABSENCE OF PERMIS6 SION.—If, after 3 attempts to obtain 

7 permission from a homeowner under 

8 subclause (II), a community water 

9 system or nontransient noncommunity 

10 water system has not received permis11 sion, the water system shall provide 

12 final notice to the homeowner of— 

13 ‘‘(aa) the date and approxi14 mate time of replacement of the 

15 publicly owned portion of the 

16 non-lead free service lines; and 

17 ‘‘(bb) a detailed description 

18 of actions that the homeowner 

19 should take to avoid any lead 

20 contamination that may occur 

21 after non-lead free service line re22 placement. 

23 ‘‘(V) EXCEPTION.— 

24 ‘‘(aa) IN GENERAL.—If the 

25 Administrator determines, after 
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1 providing an opportunity for pub2 lic notice and comment, that the 

3 practice of replacing only a por4 tion of a non-lead free service 

5 line will generally result in higher 

6 lead levels in drinking water dur7 ing an extended period of time 

8 (as compared with leaving the en9 tire non-lead free service line in 

10 place), the Administrator may 

11 provide for an exemption for the 

12 replacement in any case in which 

13 the applicable homeowner refuses 

14 to grant permission to replace 

15 portions of a non-lead free serv16 ice line under subclause (IV). 

17 ‘‘(bb) REQUIREMENT OF EX18 EMPTION.—An exemption under 

19 item (aa) shall provide that, on a 

20 change in ownership of property 

21 served by a non-lead free service 

22 line, the new property owner may 

23 request the community water sys24 tem or nontransient noncommu25 nity water system to replace the 
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1 non-lead free service line for the 

2 property within a reasonable pe3 riod of time. 

4 ‘‘(VI) GRANTS.—Using amounts 

5 available under subsection (k)(1), the 

6 Administrator may provide grants to 

7 community water systems and non8 transient noncommunity water sys9 tems for use in replacing non-lead free 

10 service lines.’’. 

11 SEC. 4. PUBLIC NOTICE AND EDUCATION. 

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

13 U.S.C. 300g–6(a)) is amended— 

14 (1) by redesignating paragraph (3) as para15 graph (4); and 

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

17 following: 

18 ‘‘(2) PUBLIC NOTICE REQUIREMENTS.— 

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

20 of a community water system or nontransient 

21 noncommunity water system shall identify and 

22 provide notice to individuals and entities (and, 

23 under subparagraph (D), to specific residences) 

24 that may be exposed to lead contamination in 

25 the drinking water supply, as indicated by an 
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1 exceedance of the maximum contaminant level 

2 or action level for lead, in a case in which the 

3 contamination results from— 

4 ‘‘(i) the lead content in the construc5 tion materials of the public water distribu6 tion system; or 

7 ‘‘(ii) corrosivity of the water supplied 

8 that is sufficient to cause leaching of lead. 

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

10 prepared under this paragraph shall provide a 

11 clear and readily understandable explanation 

12 of— 

13 ‘‘(i) detailed information on the num14 ber of residences the drinking water of 

15 which was tested and the areas of the city 

16 or community in which those residences 

17 are located, including a description of lead 

18 levels found in the drinking water; 

19 ‘‘(ii) the presence or absence of non20 lead free service lines for each household 

21 receiving drinking water from the commu22 nity water system or nontransient non23 community water system; 

24 ‘‘(iii) the potential adverse health ef25 fects of lead contamination of drinking
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1 water, including a detailed description of 

2 the disproportionate adverse effects of lead 

3 contamination of drinking water on in4 fants, children, and pregnant and lactating 

5 women; 

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

7 drinking water (including, at a minimum, 

8 non-lead free service lines, lead solder, and 

9 lead plumbing fixtures); 

10 ‘‘(v) the cost and availability of lead 

11 free plumbing fixtures for use in resi12 dences; 

13 ‘‘(vi) reasonably available methods of 

14 mitigating known or potential lead con15 tamination of drinking water, including— 

16 ‘‘(I) a detailed, step-by-step de17 scription of immediate actions that 

18 should be taken, such as the use of a 

19 certified water filter or other acquisi20 tion of an alternative water supply; 

21 and 

22 ‘‘(II) a summary of more exten23 sive actions that could be taken, such 

24 as the replacement of lead plumbing 

25 fixtures; 
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1 ‘‘(vii) any steps the community water 

2 system or nontransient noncommunity 

3 water system is taking to mitigate lead 

4 content in drinking water, including— 

5 ‘‘(I) a timeline for decision6 making; 

7 ‘‘(II) a description of the means 

8 by which the public will provide input 

9 in the decisionmaking process; 

10 ‘‘(III) a description of the poten11 tial health effects of any corrosion 

12 control modifications; and 

13 ‘‘(IV) a description of the man14 ner in which at least 1 other commu15 nity water system or nontransient 

16 noncommunity water system has suc17 cessfully addressed unacceptable levels 

18 of lead in drinking water; 

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

20 alternative water supplies; and 

21 ‘‘(ix) contact information for— 

22 ‘‘(I) medical assistance, including 

23 State and local agencies responsible 

24 for lead programs; 
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•S 2377 IS 

1 ‘‘(II) the community water sys2 tem or nontransient noncommunity 

3 water system; and 

4 ‘‘(III) the task force established 

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

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

7 paragraph shall place special emphasis on— 

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

9 other individuals and entities of the signifi10 cantly greater risks to infants, children, 

11 and pregnant and lactating women posed 

12 by lead contamination of drinking water; 

13 and 

14 ‘‘(ii) encouraging individuals and enti15 ties threatened by lead contamination in 

16 the drinking water supply to immediately 

17 modify behavior and follow other rec18 ommendations in the notice so as to mini19 mize exposure to lead in drinking water. 

20 ‘‘(D) DELIVERY OF NOTICE.— 

21 ‘‘(i) NOTICE TO ALL RESIDENCES AND

22 ENTITIES.— 

23 ‘‘(I) IN GENERAL.—The notice 

24 under subparagraph (A) shall be pro25 vided to each residence or entity that 
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1 receives water from the community 

2 water system or nontransient non3 community water system. 

4 ‘‘(II) WARNING.—Each commu5 nity water system and nontransient 

6 noncommunity water system shall 

7 print on the water bill provided to 

8 each residence and entity described in 

9 subclause (I) a warning that there is 

10 a public health risk from high lead 

11 levels in the drinking water. 

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

13 under subparagraph (A) shall be deliv14 ered— 

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

16 the date on which the maximum con17 taminant level or action level for lead 

18 is exceeded; and 

19 ‘‘(II) every 90 days thereafter for 

20 as long as the exceedance continues. 

21 ‘‘(E) NOTICE OF TEST RESULTS.—Regard22 less of whether the maximum contaminant level 

23 or action level for lead is exceeded, not later 

24 than 14 days after the date of receipt of any 

25 water lead test results conducted by the com-
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•S 2377 IS 

1 munity water system or nontransient non2 community water system, the water system 

3 shall provide to the owners and occupants of 

4 each residence tested a notice of the test results 

5 that includes— 

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

7 for that residence; 

8 ‘‘(ii) the number of residences tested; 

9 ‘‘(iii) the overall results of the testing; 

10 ‘‘(iv) contact information (including a 

11 telephone number, address, and, if avail12 able, the Internet site address) for the ap13 plicable State or local health department or 

14 other agency for immediate assistance with 

15 blood lead level testing and lead remedi16 ation; and 

17 ‘‘(v) the information and emphasis de18 scribed in subparagraphs (B) and (C). 

19 ‘‘(F) VERIFICATION OF EFFECTIVENESS.— 

20 ‘‘(i) IN GENERAL.—Not later than 

21 180 days after the date of enactment of 

22 this subparagraph, the Administrator shall 

23 establish verification procedures that en24 sure that notices provided under this para25 graph are effective and appropriate, taking 
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•S 2377 IS 

1 into consideration risks posed to individ2 uals and entities that may be exposed to 

3 lead contamination in drinking water. 

4 ‘‘(ii) CONTENTS.—The procedures 

5 shall provide means of verifying, at a min6 imum, whether a notice— 

7 ‘‘(I) reaches the intended individ8 uals and entities; 

9 ‘‘(II) is received and understood 

10 by those individuals and entities; and 

11 ‘‘(III) includes an appropriate de12 scription of the level of risk posed to 

13 those individuals and entities by lead 

14 contamination of drinking water. 

15 ‘‘(3) PUBLIC EDUCATION PROGRAM.— 

16 ‘‘(A) IN GENERAL.—In carrying out this 

17 paragraph, regardless of whether the drinking 

18 water of a community water system or nontran19 sient noncommunity water system has exceeded 

20 the maximum contaminant level or action level 

21 for lead, each owner or operator of the commu22 nity water system or nontransient noncommu23 nity water system shall establish and carry out 

24 a permanent, public education program on lead 

25 in drinking water that includes—
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1 ‘‘(i) development of an action plan; 

2 ‘‘(ii) establishment and maintenance 

3 of a standing, community-based task force; 

4 ‘‘(iii) development and implementation 

5 of a voluntary household water testing pro6 gram; and 

7 ‘‘(iv) preparation of public education 

8 materials in each relevant 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) active community service 

13 organizations and civic groups; 

14 ‘‘(V) child care facilities; and 

15 ‘‘(VI) interested private entities. 

16 ‘‘(ii) RESPONSIBILITIES.—The task 

17 force shall— 

18 ‘‘(I) assist community water sys19 tems and nontransient noncommunity 

20 water systems in developing and revis21 ing action plans developed under sub22 paragraph (A)(i); 

23 ‘‘(II) review the effectiveness of 

24 public notice provided under para25 graph (2); 
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1 ‘‘(III) make recommendations to 

2 community water systems and non3 transient noncommunity water sys4 tems; 

5 ‘‘(IV) respond to inquiries from 

6 the public regarding drinking water; 

7 ‘‘(V) provide a means by which 

8 community water systems and non9 transient noncommunity water sys10 tems may share information with the 

11 public; and 

12 ‘‘(VI) facilitate the response of a 

13 community water system or nontran14 sient noncommunity water system in 

15 the event of an exceedance of the 

16 maximum contaminant level or action 

17 level for lead. 

18 ‘‘(D) WATER TESTING PROGRAM.—In de19 veloping a voluntary water testing program 

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

21 water system or nontransient noncommunity 

22 water system shall— 

23 ‘‘(i) provide a means by which individ24 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 lead 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

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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) EXEMPTION.—The Administrator 

16 may exempt an individual community water sys17 tem or nontransient noncommunity water sys18 tem from the requirements of this paragraph 

19 upon a demonstration by the community water 

20 system or nontransient noncommunity water 

21 system that the drinking water of the system 

22 has never exceeded the maximum contaminant 

23 level or action level for lead on or after June 7, 

24 1991.’’. 
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1 SEC. 5. ADDITIONAL PROVISIONS. 

2 (a) IN GENERAL.—Section 1417 of the Safe Drink3 ing Water Act (42 U.S.C. 300g–6) is amended by adding 

4 at the end the following: 

5 ‘‘(f) FILTERS.— 

6 ‘‘(1) IN-HOME FILTERS.— 

7 ‘‘(A) IN GENERAL.—After an exceedance 

8 of a maximum contaminant level or action level 

9 for lead by a community water system or non10 transient noncommunity water system, the com11 munity water system or nontransient non12 community water system shall provide on-loca13 tion filters described in subparagraph (C) to 

14 each residence, school, and day care facility in 

15 the service area of the community water system 

16 or nontransient noncommunity water system 

17 that could reasonably be expected to experience 

18 lead contamination of drinking water in excess 

19 of the maximum contaminant level or action 

20 level for lead at any time after the date of the 

21 exceedance. 

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 should 

3 have priority, based on testing results 

4 under the national primary drinking water 

5 regulation for lead. 

6 ‘‘(C) CERTIFICATION STANDARDS FOR FIL7 TERS.—Each on-location filter provided under 

8 subparagraph (A) shall be certified for lead re9 moval by the National Institute of Standards 

10 and Technology. 

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

12 under paragraph (1) shall not be limited to resi13 dences known to have non-lead free service lines. 

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

15 The Administrator may waive 1 or more require16 ments under this subsection if the Administrator de17 termines that the requirements are not feasible or 

18 necessary to carry out this subsection. 

19 ‘‘(g) FEDERAL AGENCIES.— 

20 ‘‘(1) IN GENERAL.—The General Services Ad21 ministration (or an appropriate entity designated by 

22 the General Services Administration) shall conduct 

23 water supply testing in all Federal buildings (except 

24 Federal buildings served by a federally owned or op-
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1 erated public water system), and related public noti2 fication and public education— 

3 ‘‘(A) consistent with the requirements of 

4 this Act and the national primary drinking 

5 water regulation for lead; and 

6 ‘‘(B) to the extent that the testing, notifi7 cation, and education are not duplicative of 

8 testing, notification, and education conducted 

9 by public water systems with respect to the 

10 Federal buildings. 

11 ‘‘(2) EXCEEDANCES.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall establish a methodology for testing in a 

14 single building to provide an equivalent level of 

15 sensitivity and protection as provided by the na16 tional primary drinking water regulation for 

17 lead with respect to community-wide testing. 

18 ‘‘(B) ALTERNATIVE WATER SUPPLIES.—

19 Until the lead level in a Federal building is con20 firmed to be below the maximum contaminant 

21 level or action level for lead using testing meth22 odology described in subparagraph (A), the Ad23 ministrator of General Services or head of an24 other appropriate agency shall provide alter25 native water supplies to the Federal building.
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1 ‘‘(3) APPLICABILITY.—Nothing in this sub2 section affects any requirement applicable to a pub3 lic water system. 

4 ‘‘(h) 1-TIME, NATIONWIDE TESTING.— 

5 ‘‘(1) INITIATION.—Except as provided in para6 graph (3), in accordance with testing requirements 

7 under the national primary drinking water regula8 tion for lead, and not later than 1 year after the 

9 date of enactment of this subsection, each commu10 nity water system or nontransient noncommunity 

11 water system shall initiate a testing program to 

12 identify, measured at the tap, any lead contamina13 tion of the drinking water provided by the commu14 nity water system or nontransient noncommunity 

15 water system. 

16 ‘‘(2) COMPLETION.—Except as provided in 

17 paragraph (3), not later than 180 days after the 

18 date of initiation of the testing program under para19 graph (1), each community water system or non20 transient noncommunity water system shall— 

21 ‘‘(A) complete the testing program de22 scribed in paragraph (1); and 

23 ‘‘(B) submit to the Administrator and each 

24 State in which the community water system or 

25 nontransient noncommunity water system sup-
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1 plies drinking water, and make available to the 

2 public, the results of the testing program. 

3 ‘‘(3) EXCEPTION.—If a community water sys4 tem or nontransient noncommunity water system 

5 completes a testing program in accordance with the 

6 national primary drinking water regulation for lead 

7 within the 180-day period beginning on the date of 

8 enactment of this subsection, the community water 

9 system or nontransient noncommunity water system 

10 shall not be required to carry out additional testing 

11 under this subsection. 

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

13 the monitoring requirements under the national primary 

14 drinking water regulation for lead to— 

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

16 ‘‘(2) ensure that monitoring is statistically rel17 evant and fully representative of all types of residen18 tial dwellings and commercial establishments; 

19 ‘‘(3) ensure that monitoring frequency and 

20 scope are enhanced for— 

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

22 any substantial modification of the treatment of 

23 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 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 appropriated to carry out replacement of non-lead 

13 free service lines under subsection (a)(1)(C)(iv)(VI) 

14 $200,000,000 for each of fiscal years 2005 through 

15 2009. 

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

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

18 of fiscal years 2005 through 2009 is authorized for 

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

20 District of Columbia.’’. 

21 SEC. 7. HARDWARE STANDARDS. 

22 (a) DEFINITION OF LEAD FREE.— 

23 (1) IN GENERAL.—Section 1417(d)(2) of the 

24 Safe Drinking Water Act (42 U.S.C. 300g–6(d)(2)) 

25 is amended by striking ‘‘8.0’’ and inserting ‘‘0.2’’. 
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1 (2) ADDITIONAL DEFINITION.—Section 1461(2) 

2 of the Safe Drinking Water Act (42 U.S.C. 300j–

3 21(2)) is amended in the first sentence by striking 

4 ‘‘8’’ and inserting ‘‘0.2’’. 

5 (b) PLUMBING FIXTURES.—Section 1417(e)(2) of 

6 the Safe Drinking Water Act (42 U.S.C. 300g–6(e)(2)) 

7 is amended by adding at the end the following: 

8 ‘‘(C) LEAD FREE PLUMBING FITTINGS AND

9 FIXTURES AND WATER METERS.—On and after 

10 January 1, 2005, it shall be unlawful to import, 

11 manufacture, process, distribute in commerce, 

12 or install in any residence a new plumbing fit13 ting or fixture (including a fitting or fixture to 

14 be used for drinking, cooking, bathing, laun15 dering clothes or other washing, or lawn irriga16 tion), a water meter, or any other plumbing 

17 part or component that is not lead free.’’. 

18 SEC. 8. REMOVAL OF LEAD IN SCHOOLS. 

19 (a) IN GENERAL.—Section 1464 of the Safe Drink20 ing Water Act (42 U.S.C. 300j–24) is amended by striking 

21 subsection (d) and inserting the following: 

22 ‘‘(d) REMOVAL OF LEAD IN SCHOOLS.— 

23 ‘‘(1) TESTING AND REMEDIATION OF LEAD

24 CONTAMINATION.—Not later than 270 days after the 

25 date of enactment of the Lead-Free Drinking Water
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•S 2377 IS 

1 Act of 2004, the Administrator, in consultation with 

2 each State, shall establish a program to provide 

3 grants to States to assist, or provide reimbursement 

4 for costs incurred by, local educational agencies in 

5 conducting annual testing for and remediation of 

6 lead contamination in drinking water from coolers 

7 and from other sources of lead contamination at 

8 schools under the jurisdiction of those agencies. 

9 ‘‘(2) PUBLIC AVAILABILITY.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 shall ensure that a copy of the results of any 

12 testing at a school under paragraph (1) are 

13 available in the administrative offices of the ap14 propriate local educational agency for inspection 

15 by the public, including— 

16 ‘‘(i) teachers and other school per17 sonnel; and 

18 ‘‘(ii) parents of students attending the 

19 school. 

20 ‘‘(B) NOTIFICATION.—The Administrator 

21 shall ensure that each local educational agency 

22 notifies parent, teacher, and employee organiza23 tions of the availability of testing results de24 scribed in subparagraph (A). 
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1 ‘‘(3) DRINKING WATER COOLERS.—In the case 

2 of drinking water coolers, the program under this 

3 subsection shall require each local educational agen4 cy to carry out such measures for the reduction or 

5 elimination of lead contamination from drinking 

6 water coolers that are located in schools and are not 

7 lead free as are necessary to ensure that, not later 

8 than the date that is 15 months after the date of 

9 enactment of the Lead-Free Drinking Water Act of 

10 2004, all such drinking water coolers in schools 

11 under the jurisdiction of the local educational agency 

12 are 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 participate in the program under 

18 this subsection or, after receiving a grant under this 

19 subsection, does not carry out the responsibilities of 

20 the State under this subsection, the Administrator 

21 shall carry out such a program or such responsibil22 ities on behalf of the State. 

23 ‘‘(5) FUNDING.— 

24 ‘‘(A) AUTHORIZATION OF APPROPRIA25 TIONS.—There is authorized to be appropriated 
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1 to carry out this subsection $30,000,000 for 

2 each fiscal year. 

3 ‘‘(B) ADMINISTRATIVE EXPENSES.—The 

4 Administrator may use not more than 5 percent 

5 of amounts made available under subparagraph 

6 (A) for a fiscal year to pay administrative ex7 penses incurred in carrying out this subsection 

8 for the fiscal year.’’. 

9 (b) CONFORMING AMENDMENT.—Section 1465 of the 

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

11 SEC. 9. REVISION OF REGULATIONS. 

12 Not later than 18 months after the date of enactment 

13 of this Act, the Administrator shall revise the national pri14 mary drinking water regulation for lead to incorporate all 

15 applicable requirements of this Act and the amendments 

16 made by this Act.

Æ