I 
108TH CONGRESS 
2D SESSION 
H. R. 4268
To amend the Safe Drinking Water Act to ensure that the District of 
Columbia and States are provided a safe, lead free supply of drinking water. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2004
Ms. NORTON (for herself, Mr. WAXMAN, Mr. HOYER, Ms. SOLIS, Mr. MAR-
KEY, Mr. MORAN of Virginia, Mr. WYNN, Mr. FATTAH, and Mr. VAN 
HOLLEN) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend the Safe Drinking Water Act to ensure that 
the District of Columbia and States are provided a safe, 
lead free supply of drinking water.
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 ‘‘Lead-Free Drinking 
Water Act of 2004’’.
SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING 
WATER REGULATION FOR LEAD. 
Section 1412(b) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)) is amended by adding at the end the 
following: 
‘‘(16) REVISION OF NATIONAL PRIMARY DRINK-
ING WATER REGULATION FOR LEAD.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this 
paragraph, the Administrator shall finalize a 
rulemaking to review and revise the national 
primary drinking water regulation for lead that 
maintains or provides for greater protection of 
health as required under paragraph (9). 
‘‘(B) PROTECTION
FOR
INDIVIDUALS.—
The revised regulation shall provide adequate 
protection for individuals that may be affected 
by lead contamination of drinking water, par-
ticularly vulnerable populations such as infants, 
children, and pregnant and lactating women. 
‘‘(C) MAXIMUM CONTAMINANT LEVEL.—
‘‘(i) IN GENERAL.—The revised regu-
lation shall—
‘‘(I) establish a maximum con-
taminant level for lead in drinking 
water as measured at the tap; or
‘‘(II) if the Administrator deter-
mines that it is not practicable to es-
tablish such a level with adequate pro-
vision for variability and factors out-
side of the control of a public water 
system, establish a treatment tech-
nique in accordance with subpara-
graph (D). 
‘‘(ii) BASIS
OF
LEVEL.—In estab-
lishing the maximum contaminant level 
under clause (i) or an action level for lead, 
the Administrator shall use as a basis the 
most protective of first draw samples, 
flushed samples, or both first draw and 
flushed samples. 
‘‘(D) TREATMENT
TECHNIQUE.—If the 
Administrator establishes a treatment technique 
for 
drinking 
water 
under 
subparagraph 
(C)(i)(II), the treatment technique shall—
‘‘(i) prevent, to the extent achievable, 
known or anticipated adverse effects on the 
health of individuals; 
‘‘(ii) include an action level for lead 
that is at least as stringent as the action 
level established by the national primary
drinking water regulation for lead under 
subpart I of part 141 of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this paragraph); and 
‘‘(iii)(I) provide for the protection of 
individuals from very high lead levels in 
drinking water in isolated instances; 
‘‘(II) provide for the protection of all 
individuals, as opposed to a statistical ma-
jority, from exposure to elevated lead levels 
in drinking water; 
‘‘(III) promote continuing advances in 
corrosion control technologies and address 
the need to respond to changes in corro-
sion control and water treatment tech-
nologies; and 
‘‘(IV) take into account the dem-
onstrated insufficiency of public notifica-
tion and education as a primary means of 
protecting public health from lead in 
water.’’. 
SEC. 3. SERVICE LINE REPLACEMENT. 
Section 1417(a)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g–6(a)(1)) is amended by adding at the 
end the following:
community water system shall provide 
to the homeowner— 
‘‘(aa) notification of the re-
placement that is separate from 
the notification required under 
paragraph (2); 
‘‘(bb) a detailed description 
of the process by which non-lead 
free service lines will be replaced, 
including the date and approxi-
mate time of the replacement and 
a description of the ways in 
which property use will be dis-
rupted by the replacement proc-
ess; and 
‘‘(cc) a description of actions 
that should be taken to avoid any 
lead contamination that may 
occur after replacement of the 
non-lead free service lines. 
‘‘(III) STATE
OF
PROPERTY.—
After completion of replacement of 
non-lead free service lines, a commu-
nity water system or nontransient 
noncommunity water system shall
make every reasonable effort to return 
property affected by the replacement 
to the state in which the property ex-
isted before the replacement. 
‘‘(IV) 
ABSENCE
OF
PERMIS-
SION.—If, after 3 attempts to obtain 
permission from a homeowner under 
subclause (II), a community water 
system or nontransient noncommunity 
water system has not received permis-
sion, the water system shall provide 
final notice to the homeowner of—
‘‘(aa) the date and approxi-
mate time of replacement of the 
publicly owned portion of the 
non-lead free service lines; and 
‘‘(bb) a detailed description 
of actions that the homeowner 
should take to avoid any lead 
contamination that may occur 
after non-lead free service line re-
placement. 
‘‘(V) EXCEPTION.—
‘‘(aa) IN GENERAL.—If the 
Administrator determines, after
providing an opportunity for pub-
lic notice and comment, that the 
practice of replacing only a por-
tion of a non-lead free service 
line will generally result in higher 
lead levels in drinking water dur-
ing an extended period of time 
(as compared with leaving the en-
tire non-lead free service line in 
place), the Administrator may 
provide for an exemption for the 
replacement in any case in which 
the applicable homeowner refuses 
to grant permission to replace 
portions of a non-lead free serv-
ice line under subclause (IV). 
‘‘(bb) REQUIREMENT OF EX-
EMPTION.—An exemption under 
item (aa) shall provide that, on a 
change in ownership of property 
served by a non-lead free service 
line, the new property owner may 
request the community water sys-
tem or nontransient noncommu-
nity water system to replace the
non-lead free service line for the 
property within a reasonable pe-
riod of time. 
‘‘(VI) GRANTS.—Using amounts 
available under subsection (k)(1), the 
Administrator may provide grants to 
community water systems and non-
transient noncommunity water sys-
tems for use in replacing non-lead free 
service lines.’’. 
SEC. 4. PUBLIC NOTICE AND EDUCATION. 
Section 1417(a) of the Safe Drinking Water Act (42 
U.S.C. 300g–6(a)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) PUBLIC NOTICE REQUIREMENTS.—
‘‘(A) IN GENERAL.—The owner or operator 
of a community water system or nontransient 
noncommunity water system shall identify and 
provide notice to individuals and entities (and, 
under subparagraph (D), to specific residences) 
that may be exposed to lead contamination in 
the drinking water supply, as indicated by an
exceedance of the maximum contaminant level 
or action level for lead, in a case in which the 
contamination results from—
‘‘(i) the lead content in the construc-
tion materials of the public water distribu-
tion system; or 
‘‘(ii) corrosivity of the water supplied 
that is sufficient to cause leaching of lead. 
‘‘(B) CONTENTS.—Public notice materials 
prepared under this paragraph shall provide a 
clear and readily understandable explanation 
of—
‘‘(i) detailed information on the num-
ber of residences the drinking water of 
which was tested and the areas of the city 
or community in which those residences 
are located, including a description of lead 
levels found in the drinking water; 
‘‘(ii) the presence or absence of non-
lead free service lines for each household 
receiving drinking water from the commu-
nity water system or nontransient non-
community water system; 
‘‘(iii) the potential adverse health ef-
fects of lead contamination of drinking
water, including a detailed description of 
the disproportionate adverse effects of lead 
contamination of drinking water on in-
fants, children, and pregnant and lactating 
women; 
‘‘(iv) the potential sources of lead in 
drinking water (including, at a minimum, 
non-lead free service lines, lead solder, and 
lead plumbing fixtures); 
‘‘(v) the cost and availability of lead 
free plumbing fixtures for use in resi-
dences; 
‘‘(vi) reasonably available methods of 
mitigating known or potential lead con-
tamination of drinking water, including—
‘‘(I) a detailed, step-by-step de-
scription of immediate actions that 
should be taken, such as the use of a 
certified water filter or other acquisi-
tion of an alternative water supply; 
and 
‘‘(II) a summary of more exten-
sive actions that could be taken, such 
as the replacement of lead plumbing 
fixtures;
‘‘(vii) any steps the community water 
system or nontransient noncommunity 
water system is taking to mitigate lead 
content in drinking water, including—
‘‘(I) a timeline for decision-
making; 
‘‘(II) a description of the means 
by which the public will provide input 
in the decisionmaking process; 
‘‘(III) a description of the poten-
tial health effects of any corrosion 
control modifications; and 
‘‘(IV) a description of the man-
ner in which at least 1 other commu-
nity water system or nontransient 
noncommunity water system has suc-
cessfully addressed unacceptable levels 
of lead in drinking water; 
‘‘(viii) the necessity, if any, of seeking 
alternative water supplies; and 
‘‘(ix) contact information for—
‘‘(I) medical assistance, including 
State and local agencies responsible 
for lead programs;
‘‘(II) the community water sys-
tem or nontransient noncommunity 
water system; and 
‘‘(III) the task force established 
under paragraph (3)(A)(ii). 
‘‘(C) EMPHASIS.—A notice under this 
paragraph shall place special emphasis on—
‘‘(i) alerting parents, caregivers, and 
other individuals and entities of the signifi-
cantly greater risks to infants, children, 
and pregnant and lactating women posed 
by lead contamination of drinking water; 
and 
‘‘(ii) encouraging individuals and enti-
ties threatened by lead contamination in 
the drinking water supply to immediately 
modify behavior and follow other rec-
ommendations in the notice so as to mini-
mize exposure to lead in drinking water. 
‘‘(D) DELIVERY OF NOTICE.—
‘‘(i) NOTICE TO ALL RESIDENCES AND 
ENTITIES.—
‘‘(I) IN
GENERAL.—The notice 
under subparagraph (A) shall be pro-
vided to each residence or entity that
receives water from the community 
water system or nontransient non-
community water system. 
‘‘(II) WARNING.—Each commu-
nity water system and nontransient 
noncommunity water system shall 
print on the water bill provided to 
each residence and entity described in 
subclause (I) a warning that there is 
a public health risk from high lead 
levels in the drinking water. 
‘‘(ii) TIMING.—The notice required 
under subparagraph (A) shall be deliv-
ered—
‘‘(I) not later than 30 days after 
the date on which the maximum con-
taminant level or action level for lead 
is exceeded; and 
‘‘(II) every 90 days thereafter for 
as long as the exceedance continues. 
‘‘(E) NOTICE OF TEST RESULTS.—Regard-
less of whether the maximum contaminant level 
or action level for lead is exceeded, not later 
than 14 days after the date of receipt of any 
water lead test results conducted by the com-
munity water system or nontransient non-
community water system, the water system 
shall provide to the owners and occupants of 
each residence tested a notice of the test results 
that includes—
‘‘(i) the results of the water testing 
for that residence; 
‘‘(ii) the number of residences tested; 
‘‘(iii) the overall results of the testing; 
‘‘(iv) contact information (including a 
telephone number, address, and, if avail-
able, the Internet site address) for the ap-
plicable State or local health department or 
other agency for immediate assistance with 
blood lead level testing and lead remedi-
ation; and 
‘‘(v) the information and emphasis de-
scribed in subparagraphs (B) and (C). 
‘‘(F) VERIFICATION OF EFFECTIVENESS.—
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this subparagraph, the Administrator shall 
establish verification procedures that en-
sure that notices provided under this para-
graph are effective and appropriate, taking
into consideration risks posed to individ-
uals and entities that may be exposed to 
lead contamination in drinking water. 
‘‘(ii) 
CONTENTS.—The 
procedures 
shall provide means of verifying, at a min-
imum, whether a notice—
‘‘(I) reaches the intended individ-
uals and entities; 
‘‘(II) is received and understood 
by those individuals and entities; and 
‘‘(III) includes an appropriate de-
scription of the level of risk posed to 
those individuals and entities by lead 
contamination of drinking water. 
‘‘(3) PUBLIC EDUCATION PROGRAM.—
‘‘(A) IN GENERAL.—In carrying out this 
paragraph, regardless of whether the drinking 
water of a community water system or nontran-
sient noncommunity water system has exceeded 
the maximum contaminant level or action level 
for lead, each owner or operator of the commu-
nity water system or nontransient noncommu-
nity water system shall establish and carry out 
a permanent, public education program on lead 
in drinking water that includes—
‘‘(i) development of an action plan; 
‘‘(ii) establishment and maintenance 
of a standing, community-based task force; 
‘‘(iii) development and implementation 
of a voluntary household water testing pro-
gram; and 
‘‘(iv) preparation of public education 
materials in each relevant language. 
‘‘(B) ACTION PLAN.—The action plan de-
veloped under subparagraph (A)(i) shall achieve 
the objectives of—
‘‘(i) defining the target audience for 
the public education program; 
‘‘(ii) outlining a voluntary customer 
water testing program for lead; 
‘‘(iii) identifying types of educational 
materials to be used at each stage of public 
education; and 
‘‘(iv) determining the appropriate tim-
ing and method of delivery of information 
on lead in drinking water. 
‘‘(C) TASK FORCE.—
‘‘(i) MEMBERSHIP.—In establishing 
the task force under subparagraph (A)(ii), 
the community water system or nontran-
sient noncommunity water system shall so-
licit the participation of—
‘‘(I) State, city, and county offi-
cials and agencies, including officials 
and agencies responsible for water 
quality, environmental protection, and 
testing for elevated lead levels in 
drinking water and in individuals; 
‘‘(II) local public school systems; 
‘‘(III) public hospitals and clin-
ics; 
‘‘(IV) active community service 
organizations and civic groups; 
‘‘(V) child care facilities; and 
‘‘(VI) interested private entities. 
‘‘(ii) RESPONSIBILITIES.—The task 
force shall—
‘‘(I) assist community water sys-
tems and nontransient noncommunity 
water systems in developing and revis-
ing action plans developed under sub-
paragraph (A)(i); 
‘‘(II) review the effectiveness of 
public notice provided under para-
graph (2);
‘‘(III) make recommendations to 
community water systems and non-
transient noncommunity water sys-
tems; 
‘‘(IV) respond to inquiries from 
the public regarding drinking water; 
‘‘(V) provide a means by which 
community water systems and non-
transient noncommunity water sys-
tems may share information with the 
public; and 
‘‘(VI) facilitate the response of a 
community water system or nontran-
sient noncommunity water system in 
the event of an exceedance of the 
maximum contaminant level or action 
level for lead. 
‘‘(D) WATER TESTING PROGRAM.—In de-
veloping a voluntary water testing program 
under subparagraph (A)(iii), a community 
water system or nontransient noncommunity 
water system shall—
‘‘(i) provide a means by which individ-
uals and entities may request water testing
with a single phone call, letter, or elec-
tronically mailed letter; 
‘‘(ii) conduct applicable tests in a 
timely manner, including ensuring that 
water samples are retrieved from house-
holds in a timely manner; 
‘‘(iii) ensure that tests are conducted 
properly by certified laboratories; and 
‘‘(iv) provide to individuals and enti-
ties that requested water testing the re-
sults of the tests, and any additional appli-
cable information (such as information 
contained in educational materials de-
scribed in subparagraph (E)) in a timely 
manner. 
‘‘(E) CONTENTS.—
‘‘(i) IN
GENERAL.—Public education 
and consumer awareness materials pro-
vided under this paragraph shall include—
‘‘(I) the potential adverse health 
effects of lead contamination of drink-
ing water, including a detailed de-
scription of the disproportionate ad-
verse effects of lead contamination of
drinking water on infants, children, 
and pregnant and lactating women; 
‘‘(II) the potential sources of lead 
in drinking water (including, at a 
minimum, non-lead free service lines, 
lead solder, and lead plumbing fix-
tures); 
‘‘(III) a summary of the histor-
ical compliance of the community 
water system or nontransient non-
community water system as evidenced 
by testing conducted under the na-
tional primary drinking water regula-
tion for lead, including any corrective 
actions taken and the schedule for the 
next testing cycle; 
‘‘(IV) the cost and availability of 
lead free plumbing fixtures for use in 
residences; and 
‘‘(V) contact information for—
‘‘(aa) medical assistance, in-
cluding State and local agencies 
responsible for lead programs;
‘‘(bb) the community water 
system 
or 
nontransient 
non-
community water system; and 
‘‘(cc) the task force estab-
lished 
under 
subparagraph 
(A)(ii). 
‘‘(ii) EMPHASIS.—A notice under this 
paragraph shall place special emphasis 
on—
‘‘(I) alerting parents, caregivers, 
and other individuals and entities of 
the significantly greater risks to in-
fants, children, and pregnant and lac-
tating women posed by lead contami-
nation of drinking water; and 
‘‘(II) encouraging individuals and 
entities threatened by lead contamina-
tion in the drinking water supply to 
immediately modify behavior and fol-
low other recommendations in the no-
tice so as to minimize exposure to lead 
in drinking water. 
‘‘(F) DELIVERY OF PUBLIC EDUCATION.—
Notwithstanding any absence of an exceedance 
of the maximum contaminant level or action
level for lead, a community water system or 
nontransient noncommunity water system shall 
provide biannually to customers of the commu-
nity water system or nontransient noncommu-
nity water system— 
‘‘(i) public education materials and 
notice in accordance with this paragraph, 
including a general description of other 
sources of lead contamination (such as lead 
paint); and 
‘‘(ii) the results of the most recent 
water testing conducted by the community 
water system or nontransient noncommu-
nity water system. 
‘‘(G) 
EXEMPTION.—The 
Administrator 
may exempt an individual community water sys-
tem or nontransient noncommunity water sys-
tem from the requirements of this paragraph 
upon a demonstration by the community water 
system or nontransient noncommunity water 
system that the drinking water of the system 
has never exceeded the maximum contaminant 
level or action level for lead on or after June 7, 
1991.’’.
SEC. 5. ADDITIONAL PROVISIONS. 
(a) IN GENERAL.—Section 1417 of the Safe Drink-
ing Water Act (42 U.S.C. 300g–6) is amended by adding 
at the end the following: 
‘‘(f) FILTERS.—
‘‘(1) IN-HOME FILTERS.—
‘‘(A) IN GENERAL.—After an exceedance 
of a maximum contaminant level or action level 
for lead by a community water system or non-
transient noncommunity water system, the com-
munity water system or nontransient non-
community water system shall provide on-loca-
tion filters described in subparagraph (C) to 
each residence, school, and day care facility in 
the service area of the community water system 
or nontransient noncommunity water system 
that could reasonably be expected to experience 
lead contamination of drinking water in excess 
of the maximum contaminant level or action 
level for lead at any time after the date of the 
exceedance. 
‘‘(B) PRIORITY.—Priority shall be given—
‘‘(i) first, to vulnerable populations 
such as infants, children, and pregnant 
and lactating women; and
‘‘(ii) second, to those residences, 
schools, and day care facilities that should 
have priority, based on testing results 
under the national primary drinking water 
regulation for lead. 
‘‘(C) CERTIFICATION STANDARDS FOR FIL-
TERS.—Each on-location filter provided under 
subparagraph (A) shall be certified for lead re-
moval by the National Institute of Standards 
and Technology. 
‘‘(2) NO LIMITATION.—The provision of filters 
under paragraph (1) shall not be limited to resi-
dences known to have non-lead free service lines. 
‘‘(3) WAIVER OF CERTAIN REQUIREMENTS.—
The Administrator may waive 1 or more require-
ments under this subsection if the Administrator de-
termines that the requirements are not feasible or 
necessary to carry out this subsection. 
‘‘(g) FEDERAL AGENCIES.—
‘‘(1) IN GENERAL.—The General Services Ad-
ministration (or an appropriate entity designated by 
the General Services Administration) shall conduct 
water supply testing in all Federal buildings (except 
Federal buildings served by a federally owned or op-
erated public water system), and related public noti-
fication and public education—
‘‘(A) consistent with the requirements of 
this Act and the national primary drinking 
water regulation for lead; and 
‘‘(B) to the extent that the testing, notifi-
cation, and education are not duplicative of 
testing, notification, and education conducted 
by public water systems with respect to the 
Federal buildings. 
‘‘(2) EXCEEDANCES.—
‘‘(A) IN
GENERAL.—The Administrator 
shall establish a methodology for testing in a 
single building to provide an equivalent level of 
sensitivity and protection as provided by the na-
tional primary drinking water regulation for 
lead with respect to community-wide testing. 
‘‘(B) ALTERNATIVE
WATER
SUPPLIES.—
Until the lead level in a Federal building is con-
firmed to be below the maximum contaminant 
level or action level for lead using testing meth-
odology described in subparagraph (A), the Ad-
ministrator of General Services or head of an-
other appropriate agency shall provide alter-
native water supplies to the Federal building.
‘‘(3) APPLICABILITY.—Nothing in this sub-
section affects any requirement applicable to a pub-
lic water system. 
‘‘(h) 1-TIME, NATIONWIDE TESTING.—
‘‘(1) INITIATION.—Except as provided in para-
graph (3), in accordance with testing requirements 
under the national primary drinking water regula-
tion for lead, and not later than 1 year after the 
date of enactment of this subsection, each commu-
nity water system or nontransient noncommunity 
water system shall initiate a testing program to 
identify, measured at the tap, any lead contamina-
tion of the drinking water provided by the commu-
nity water system or nontransient noncommunity 
water system. 
‘‘(2) COMPLETION.—Except as provided in 
paragraph (3), not later than 180 days after the 
date of initiation of the testing program under para-
graph (1), each community water system or non-
transient noncommunity water system shall—
‘‘(A) complete the testing program de-
scribed in paragraph (1); and 
‘‘(B) submit to the Administrator and each 
State in which the community water system or 
nontransient noncommunity water system sup-
plies drinking water, and make available to the 
public, the results of the testing program. 
‘‘(3) EXCEPTION.—If a community water sys-
tem or nontransient noncommunity water system 
completes a testing program in accordance with the 
national primary drinking water regulation for lead 
within the 180-day period beginning on the date of 
enactment of this subsection, the community water 
system or nontransient noncommunity water system 
shall not be required to carry out additional testing 
under this subsection. 
‘‘(i) MONITORING.—The Administrator shall revise 
the monitoring requirements under the national primary 
drinking water regulation for lead to—
‘‘(1) require monitoring at least biannually; 
‘‘(2) ensure that monitoring is statistically rel-
evant and fully representative of all types of residen-
tial dwellings and commercial establishments; 
‘‘(3) ensure that monitoring frequency and 
scope are enhanced for—
‘‘(A) at least the 1-year period following 
any substantial modification of the treatment of 
drinking water provided; and
‘‘(B) any period during which the drinking 
water of a water system exceeds the maximum 
contaminant level or action level for lead; 
‘‘(4) require that, in order to be certified to 
conduct drinking water analyses under this Act, a 
laboratory shall electronically report lead test results 
for public water systems (and such other results or 
data as are determined to be appropriate by the Ad-
ministrator), in accordance with protocols estab-
lished by the Administrator, directly to the Adminis-
trator and the applicable State or local agency; and 
‘‘(5) otherwise ensure that the Safe Drinking 
Water Information System and the National Con-
taminant Occurrence Database of the Administrator 
reliably and timely reflect information regarding 
drinking water quality and compliance with respect 
to lead. 
‘‘(j) CORROSION CONTROL.—In revising the national 
primary drinking water regulation for lead, the Adminis-
trator shall ensure that any requirement for corrosion con-
trol includes a requirement that, not later than 1 year 
after the date of any change in water treatment, or of 
an exceedance of the maximum contaminant level or action 
level for lead, each community water system and nontran-
sient noncommunity water system shall—
‘‘(1) reevaluate any corrosion control plan in 
place for the water system; and 
‘‘(2) implement any changes necessary to re-
optimize the plan.’’. 
SEC. 6. NON-LEAD FREE SERVICE LINE REPLACEMENT 
FUND. 
Section 1417 of the Safe Drinking Water Act (42 
U.S.C. 300g–6) (as amended by section 5) is amended by 
adding at the end the following: 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out replacement of non-lead 
free service lines under subsection (a)(1)(C)(iv)(VI) 
$200,000,000 for each of fiscal years 2005 through 
2009. 
‘‘(2) DISTRICT
OF
COLUMBIA.—Of amounts 
provided under paragraph (1), $40,000,000 for each 
of fiscal years 2005 through 2009 is authorized for 
use in replacing non-lead free service lines in the 
District of Columbia.’’. 
SEC. 7. HARDWARE STANDARDS. 
(a) DEFINITION OF LEAD FREE.—
(1) IN GENERAL.—Section 1417(d)(2) of the 
Safe Drinking Water Act (42 U.S.C. 300g–6(d)(2)) 
is amended by striking ‘‘8.0’’ and inserting ‘‘0.2’’.
(2) ADDITIONAL DEFINITION.—Section 1461(2) 
of the Safe Drinking Water Act (42 U.S.C. 300j–
21(2)) is amended in the first sentence by striking 
‘‘8’’ and inserting ‘‘0.2’’. 
(b) PLUMBING FIXTURES.—Section 1417(e)(2) of 
the Safe Drinking Water Act (42 U.S.C. 300g–6(e)(2)) 
is amended by adding at the end the following: 
‘‘(C) LEAD FREE PLUMBING FITTINGS AND 
FIXTURES AND WATER METERS.—On and after 
January 1, 2005, it shall be unlawful to import, 
manufacture, process, distribute in commerce, 
or install in any residence a new plumbing fit-
ting or fixture (including a fitting or fixture to 
be used for drinking, cooking, bathing, laun-
dering clothes or other washing, or lawn irriga-
tion), a water meter, or any other plumbing 
part or component that is not lead free.’’. 
SEC. 8. REMOVAL OF LEAD IN SCHOOLS. 
(a) IN GENERAL.—Section 1464 of the Safe Drink-
ing Water Act (42 U.S.C. 300j–24) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) REMOVAL OF LEAD IN SCHOOLS.—
‘‘(1) TESTING
AND
REMEDIATION
OF
LEAD 
CONTAMINATION.—Not later than 270 days after the 
date of enactment of the Lead-Free Drinking Water
Act of 2004, the Administrator, in consultation with 
each State, shall establish a program to provide 
grants to States to assist, or provide reimbursement 
for costs incurred by, local educational agencies in 
conducting annual testing for and remediation of 
lead contamination in drinking water from coolers 
and from other sources of lead contamination at 
schools under the jurisdiction of those agencies. 
‘‘(2) PUBLIC AVAILABILITY.—
‘‘(A) IN
GENERAL.—The Administrator 
shall ensure that a copy of the results of any 
testing at a school under paragraph (1) are 
available in the administrative offices of the ap-
propriate local educational agency for inspection 
by the public, including—
‘‘(i) teachers and other school per-
sonnel; and 
‘‘(ii) parents of students attending the 
school. 
‘‘(B) NOTIFICATION.—The Administrator 
shall ensure that each local educational agency 
notifies parent, teacher, and employee organiza-
tions of the availability of testing results de-
scribed in subparagraph (A).
‘‘(3) DRINKING WATER COOLERS.—In the case 
of drinking water coolers, the program under this 
subsection shall require each local educational agen-
cy to carry out such measures for the reduction or 
elimination of lead contamination from drinking 
water coolers that are located in schools and are not 
lead free as are necessary to ensure that, not later 
than the date that is 15 months after the date of 
enactment of the Lead-Free Drinking Water Act of 
2004, all such drinking water coolers in schools 
under the jurisdiction of the local educational agency 
are repaired, replaced, permanently removed, or ren-
dered inoperable (unless the drinking water cooler is 
tested and determined, within the limits of testing 
accuracy, not to contribute lead to drinking water). 
‘‘(4) FEDERAL AUTHORITY.—In a case in which 
a State does not participate in the program under 
this subsection or, after receiving a grant under this 
subsection, does not carry out the responsibilities of 
the State under this subsection, the Administrator 
shall carry out such a program or such responsibil-
ities on behalf of the State. 
‘‘(5) FUNDING.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this subsection $30,000,000 for 
each fiscal year. 
‘‘(B) ADMINISTRATIVE
EXPENSES.—The 
Administrator may use not more than 5 percent 
of amounts made available under subparagraph 
(A) for a fiscal year to pay administrative ex-
penses incurred in carrying out this subsection 
for the fiscal year.’’. 
(b) CONFORMING AMENDMENT.—Section 1465 of the 
Safe Drinking Water Act (42 U.S.C. 300j–25) is repealed. 
SEC. 9. REVISION OF REGULATIONS. 
Not later than 18 months after the date of enactment 
of this Act, the Administrator shall revise the national pri-
mary drinking water regulation for lead to incorporate all 
applicable requirements of this Act and the amendments 
made by this Act.
Æ