I 
116TH CONGRESS 
1ST SESSION H. R. 3677 
To amend the Safe Drinking Water Act to improve transparency under 
the national primary drinking water regulations for lead and copper, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2019 
Mr. KILDEE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Safe Drinking Water Act to improve trans-
parency under the national primary drinking water regu-
lations for lead and copper, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Opportunity 
for Lead Exposure Accountability and Deterrence Act of 
2017’’. 
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SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULA-
TIONS FOR LEAD AND COPPER. 
The Safe Drinking Water Act is amended by insert-
ing after section 1417 of such Act (42 U.S.C. 300g–6) 
the following: 
‘‘SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGU-
LATIONS FOR LEAD AND COPPER. 
‘‘(a) LEAD AND COPPER RULE.— 
‘‘(1) IN
GENERAL.—The national primary 
drinking water regulations for lead and copper (in 
this section referred to as the ‘lead and copper rule’) 
shall include each of the requirements described in 
this section. 
‘‘(2) REVISION.—The Administrator shall revise 
the lead and copper rule in accordance with this sec-
tion— 
‘‘(A) not later than 9 months after the 
date of enactment of the National Opportunity 
for Lead Exposure Accountability and Deter-
rence Act of 2017; and 
‘‘(B) thereafter, in accordance with section 
1412(b). 
‘‘(b) SAMPLING.— 
‘‘(1) APPLICABILITY.—This subsection applies 
with respect to sampling by a public water system 
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of lead or copper in drinking water, irrespective of 
whether such sampling— 
‘‘(A) is required by the lead and copper 
rule; or 
‘‘(B) is voluntary sampling initiated by 
customers of the public water system. 
‘‘(2) REPORTING.—Subject to paragraph (3), 
not less than once every 3 months, a public water 
system shall report the results of sampling to the 
Administrator or the State exercising primary en-
forcement responsibility, as applicable, and shall in-
clude in such reporting— 
‘‘(A) the number of residential and non-
residential facilities at which the sampling was 
conducted; 
‘‘(B) subject to paragraph (4), the address 
of such residential and nonresidential facilities; 
‘‘(C) previous samples taken at such resi-
dential and nonresidential facilities and the re-
sults of those samples; 
‘‘(D) where such information exists, the 
material composition of the service lines at such 
residential and nonresidential facilities; 
‘‘(E) the dates on which the respective 
sampling occurred; 
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‘‘(F) the highest and median lead and cop-
per levels detected; 
‘‘(G) the 90th percentile lead and copper 
levels (as such percentile is calculated under 
section 141.80 of title 40, Code of Federal Reg-
ulations, and any successor regulations) de-
tected; 
‘‘(H) the number and value of all samples 
pursuant to sampling described in subpara-
graph (A) or (B) of paragraph (1) above the 
lead or copper action levels; 
‘‘(I) the disinfectants and corrosion inhibi-
tors being used and the target doses at the 
water treatment plant; 
‘‘(J) any changes since the previous report 
under this section in the type, method, or quan-
tity of treatments being used in the water sam-
pled; 
‘‘(K) the history of violations, and fines re-
ceived, by the system; 
‘‘(L) the number of samples invalidated 
and the reason for their invalidation; and 
‘‘(M) if sampling is conducted at residen-
tial facilities other than those with lead service 
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lines, an explanation of why such sampling was 
conducted. 
‘‘(3) PUBLIC
AVAILABILITY
OF
REPORTS.—A 
public water system shall make publicly available 
any report that is required by this section or by the 
lead and copper rule. 
‘‘(4) PRIVACY.—A public water system shall— 
‘‘(A) give the owner of each residential and 
nonresidential facility at which sampling data is 
collected, at the written request of such owner, 
the option be identified only by block number 
and street name, unless the facility includes a 
child care center; and 
‘‘(B) keep each such request on file. 
‘‘(5) SAMPLING
PROTOCOL; INSTRUCTIONS.— 
The Administrator shall— 
‘‘(A) develop a protocol for sampling for 
compliance with the lead and copper rule; 
‘‘(B) in such protocol— 
‘‘(i) prohibit the use of techniques 
that minimize the detection of lead or cop-
per in drinking water; 
‘‘(ii) require sampling under this sec-
tion to occur not less than once per year; 
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‘‘(iii) include criteria for site selection 
that prioritize testing at high-risk build-
ings (as defined in subsection (g)); 
‘‘(iv) require sampling in all schools 
and child care centers served by the public 
water system at all designated drinking 
water taps, to be designated by the respec-
tive schools and child care centers; and 
‘‘(v) require the sampling methodology 
to be scientifically based; and 
‘‘(C) develop instructions for compliance 
with such protocol for dissemination to public 
water systems and customers thereof. 
‘‘(c) ACTION LEVEL EXCEEDED.— 
‘‘(1) INVESTIGATIONS.—The Administrator (or 
the State exercising primary enforcement responsi-
bility) shall require on-site investigations to identify 
the source of lead in all residential or nonresidential 
facilities with individual samples with a lead or cop-
per concentration above the action level, which inves-
tigations shall— 
‘‘(A) subject to paragraph (3), be com-
pleted by the public water system or local 
health department within 10 business days of 
the sample result; and 
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‘‘(B) include additional samples at addi-
tional locations outside of the facility sampled 
to identify the potential scope of elevated lead 
or copper levels. 
‘‘(2) NOTIFICATION.—Whenever a public water 
system detects a lead or copper concentration level 
above the action level, the system shall, within 2 cal-
endar days of detecting such an exceedance that is 
specific to one or more facilities, notify the persons 
at such facilities. 
‘‘(3) NO RESPONSE FROM OWNER OF FACIL-
ITY.—The requirement of paragraph (1)(A) to com-
plete an investigation concerning a facility is deemed 
to be satisfied if— 
‘‘(A) within the period of 10 business days 
described in such paragraph, the public water 
system or local health department makes at 
least 3 attempts to contact the owners of the 
facility, including— 
‘‘(i) at least once in person; 
‘‘(ii) at least once by letter or email; 
and 
‘‘(iii) at least once in person or by 
phone call, letter, or email; 
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‘‘(B) the public water system or local 
health department maintains documentation of 
such attempts; and 
‘‘(C) such owners fail to respond. 
‘‘(d) PUBLIC EDUCATION.—The lead and copper rule 
shall require testing results— 
‘‘(1) to be in a standardized format; 
‘‘(2) to be posted on the website of the Admin-
istrator, the State exercising primary enforcement 
responsibility, and the public water system; and 
‘‘(3) to include— 
‘‘(A) the provisions of consumer confidence 
reports under section 1414(c)(4) relating to 
lead and copper; 
‘‘(B) reports under subsection (b)(2) on 
the results of sampling; 
‘‘(C) educational materials on lead service 
line replacement and financial assistance, in-
cluding forms for applying for such financial as-
sistance; and 
‘‘(D) instructions on how a consumer can 
request a water test. 
‘‘(e) SERVICE LINE INVENTORY.—A public water 
system shall— 
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‘‘(1) develop, maintain, and beginning not later 
than 3 years after the date of enactment of the Na-
tional Opportunity for Lead Exposure Accountability 
and Deterrence Act of 2017 make publicly available 
an inventory of the material composition of the serv-
ice lines at all residential and nonresidential facili-
ties, including— 
‘‘(A) online maps showing the locations of 
lead service lines; and 
‘‘(B) where information is available, a his-
tory of services performed on such lines, includ-
ing partial line replacement; 
‘‘(2)(A) give the owner of each residential and 
nonresidential facility at which sampling data is col-
lected, at the written request of such owner, the op-
tion be identified only by block number and street 
name, unless the facility includes a child care center; 
and 
‘‘(B) keep each such request on file; and 
‘‘(3) in developing such inventory, take meas-
ures to minimize any disturbance to service lines 
that might release contaminants. 
‘‘(f) SERVICE LINE OWNERSHIP.—A public water 
system shall collect, maintain, and beginning not later 
than 3 years after the date of enactment of the National 
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