[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2377 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives 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 drinking 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, particularly vulnerable populations 
                such as infants, children, and pregnant and lactating 
                women.
                    ``(C) Maximum contaminant level.--
                            ``(i) In general.--The revised regulation 
                        shall--
                                    ``(I) establish a maximum 
                                contaminant level for lead in drinking 
                                water as measured at the tap; or
                                    ``(II) if the Administrator 
                                determines that it is not practicable 
                                to establish such a level with adequate 
                                provision for variability and factors 
                                outside of the control of a public 
                                water system, establish a treatment 
                                technique in accordance with 
                                subparagraph (D).
                            ``(ii) Basis of level.--In establishing 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 
                        majority, 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 corrosion control 
                        and water treatment technologies; and
                            ``(IV) take into account the demonstrated 
                        insufficiency of public notification 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:
                    ``(C) Service line replacement.--
                            ``(i) In general.--Upon exceeding the 
                        maximum contaminant level or action level for 
                        lead, a community water system or nontransient 
                        noncommunity water system shall annually 
                        replace at least 10 percent of the non-lead 
                        free service lines of the community water 
                        system or nontransient noncommunity water 
                        system until all of the non-lead free service 
                        lines have been replaced.
                            ``(ii) Priority.--Priority shall be given 
                        to non-lead free service lines that convey 
                        drinking water to--
                                    ``(I) residences that receive 
                                drinking water with high lead levels; 
                                and
                                    ``(II) residences and other 
                                buildings, such as day care facilities 
                                and schools, used by vulnerable 
                                populations, including infants, 
                                children, and pregnant and lactating 
                                women.
                            ``(iii) Replacement responsibility.--Under 
                        no circumstance may a community water system or 
                        nontransient noncommunity water system avoid 
the responsibility to replace any non-lead free service line by 
completing lead testing such as that referred to in section 141.84 of 
title 40, Code of Federal Regulations (as in effect on the date of 
enactment of this subparagraph).
                            ``(iv) Replacement of non-lead free service 
                        lines.--
                                    ``(I) In general.--In carrying out 
                                this subparagraph and subject to 
                                subclause (II), a community water 
                                system or nontransient noncommunity 
                                water system shall replace the non-lead 
                                free service lines, including publicly 
                                owned and, with the permission of 
                                applicable homeowners, privately owned 
                                portions of the service lines.
                                    ``(II) Requirements for 
                                permission.--In seeking permission from 
                                a homeowner to replace the private 
                                portion of non-lead free service lines 
                                under subclause (I), a community water 
                                system or nontransient noncommunity 
                                water system shall provide to the 
                                homeowner--
                                            ``(aa) notification of the 
                                        replacement 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 
                                        approximate time of the 
                                        replacement and a description 
                                        of the ways in which property 
                                        use will be disrupted by the 
                                        replacement process; 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 community 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 existed 
                                before the replacement.
                                    ``(IV) Absence of permission.--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 permission, the water 
                                system shall provide final notice to 
                                the homeowner of--
                                            ``(aa) the date and 
                                        approximate 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 replacement.
                                    ``(V) Exception.--
                                            ``(aa) In general.--If the 
                                        Administrator determines, after 
                                        providing an opportunity for 
                                        public notice and comment, that 
                                        the practice of replacing only 
                                        a portion of a non-lead free 
                                        service line will generally 
                                        result in higher lead levels in 
                                        drinking water during an 
                                        extended period of time (as 
                                        compared with leaving the 
                                        entire 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 service line under 
                                        subclause (IV).
                                            ``(bb) Requirement of 
                                        exemption.--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 system or 
                                        nontransient noncommunity water 
                                        system to replace the non-lead 
                                        free service line for the 
                                        property within a reasonable 
                                        period of time.
                                    ``(VI) Grants.--Using amounts 
                                available under subsection (k)(1), the 
                                Administrator may provide grants to 
                                community water systems and 
                                nontransient noncommunity water systems 
                                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 paragraph (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 construction 
                        materials of the public water distribution 
                        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 number 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 community water system 
                        or nontransient noncommunity water system;
                            ``(iii) the potential adverse health 
                        effects of lead contamination of 
drinking water, including a detailed description of the 
disproportionate adverse effects of lead contamination of drinking 
water on infants, 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 residences;
                            ``(vi) reasonably available methods of 
                        mitigating known or potential lead 
                        contamination of drinking water, including--
                                    ``(I) a detailed, step-by-step 
                                description of immediate actions that 
                                should be taken, such as the use of a 
                                certified water filter or other 
                                acquisition of an alternative water 
                                supply; and
                                    ``(II) a summary of more extensive 
                                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 
                                decisionmaking;
                                    ``(II) a description of the means 
                                by which the public will provide input 
                                in the decisionmaking process;
                                    ``(III) a description of the 
                                potential health effects of any 
                                corrosion control modifications; and
                                    ``(IV) a description of the manner 
                                in which at least 1 other community 
                                water system or nontransient 
                                noncommunity water system has 
                                successfully 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 system 
                                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 
                        significantly greater risks to infants, 
                        children, and pregnant and lactating women 
                        posed by lead contamination of drinking water; 
                        and
                            ``(ii) encouraging individuals and entities 
                        threatened by lead contamination in the 
                        drinking water supply to immediately modify 
                        behavior and follow other recommendations in 
                        the notice so as to minimize 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 provided to 
                                each residence or entity that receives 
                                water from the community water system 
                                or nontransient noncommunity water 
                                system.
                                    ``(II) Warning.--Each community 
                                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 delivered--
                                    ``(I) not later than 30 days after 
                                the date on which the maximum 
                                contaminant 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.--Regardless 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 community water system or nontransient 
                noncommunity 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 available, 
                        the Internet site address) for the applicable 
                        State or local health department or other 
                        agency for immediate assistance with blood lead 
                        level testing and lead remediation; and
                            ``(v) the information and emphasis 
                        described 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 ensure that 
                        notices provided under this paragraph are 
                        effective and appropriate, taking into 
                        consideration risks posed to individuals and 
                        entities that may be exposed to lead 
                        contamination in drinking water.
                            ``(ii) Contents.--The procedures shall 
                        provide means of verifying, at a minimum, 
                        whether a notice--
                                    ``(I) reaches the intended 
                                individuals and entities;
                                    ``(II) is received and understood 
                                by those individuals and entities; and
                                    ``(III) includes an appropriate 
                                description 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 nontransient noncommunity water system 
                has exceeded the maximum contaminant level or action 
                level for lead, each owner or operator of the community 
                water system or nontransient noncommunity 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 program; and
                            ``(iv) preparation of public education 
                        materials in each relevant language.
                    ``(B) Action plan.--The action plan developed 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 timing 
                        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 nontransient noncommunity water 
                        system shall solicit the participation of--
                                    ``(I) State, city, and county 
                                officials 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 
                                clinics;
                                    ``(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 
                                systems and nontransient noncommunity 
                                water systems in developing and 
                                revising action plans developed under 
                                subparagraph (A)(i);
                                    ``(II) review the effectiveness of 
                                public notice provided under paragraph 
                                (2);
                                    ``(III) make recommendations to 
                                community water systems and 
                                nontransient noncommunity water 
                                systems;
                                    ``(IV) respond to inquiries from 
                                the public regarding drinking water;
                                    ``(V) provide a means by which 
                                community water systems and 
                                nontransient noncommunity water systems 
                                may share information with the public; 
                                and
                                    ``(VI) facilitate the response of a 
                                community water system or nontransient 
                                noncommunity water system in the event 
                                of an exceedance of the maximum 
                                contaminant level or action level for 
                                lead.
                    ``(D) Water testing program.--In developing 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 individuals 
                        and entities may request water testing with a 
                        single phone call, letter, or electronically 
                        mailed letter;
                            ``(ii) conduct applicable tests in a timely 
                        manner, including ensuring that water samples 
                        are retrieved from households in a timely 
                        manner;
                            ``(iii) ensure that tests are conducted 
                        properly by certified laboratories; and
                            ``(iv) provide to individuals and entities 
                        that requested water testing the results of the 
                        tests, and any additional applicable 
                        information (such as information contained in 
                        educational materials described in subparagraph 
                        (E)) in a timely manner.
                    ``(E) Contents.--
                            ``(i) In general.--Public education and 
                        consumer awareness materials provided under 
                        this paragraph shall include--
                                    ``(I) the potential adverse health 
                                effects of lead contamination of 
                                drinking water, including a detailed 
                                description of the disproportionate 
                                adverse 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 
                                fixtures);
                                    ``(III) a summary of the historical 
                                compliance of the community water 
                                system or nontransient noncommunity 
                                water system as evidenced by testing 
                                conducted under the national primary 
                                drinking water regulation 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, 
                                        including State and local 
                                        agencies responsible for lead 
                                        programs;
                                            ``(bb) the community water 
                                        system or nontransient 
                                        noncommunity water system; and
                                            ``(cc) the task force 
                                        established 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 
                                infants, children, and pregnant and 
                                lactating women posed by lead 
                                contamination of drinking water; and
                                    ``(II) encouraging individuals and 
                                entities threatened by lead 
                                contamination in the drinking water 
                                supply to immediately modify behavior 
                                and follow other recommendations in the 
                                notice 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 community water system or 
nontransient noncommunity 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 noncommunity water system.
                    ``(G) Exemption.--The Administrator may exempt an 
                individual community water system or nontransient 
                noncommunity water system 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 Drinking 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 nontransient noncommunity 
                water system, the community water system or 
                nontransient noncommunity water system shall provide 
                on-location 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 filters.--Each 
                on-location filter provided under subparagraph (A) 
                shall be certified for lead removal by the National 
                Institute of Standards and Technology.
            ``(2) No limitation.--The provision of filters under 
        paragraph (1) shall not be limited to residences known to have 
        non-lead free service lines.
            ``(3) Waiver of certain requirements.--The Administrator 
        may waive 1 or more requirements under this subsection if the 
        Administrator determines that the requirements are not feasible 
        or necessary to carry out this subsection.
    ``(g) Federal Agencies.--
            ``(1) In general.--The General Services Administration (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 operated public water system), and related 
        public notification 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, notification, 
                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 national 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 confirmed to be below 
                the maximum contaminant level or action level for lead 
                using testing methodology described in subparagraph 
                (A), the Administrator of General Services or head of 
                another appropriate agency shall provide alternative 
                water supplies to the Federal building.
            ``(3) Applicability.--Nothing in this subsection affects 
        any requirement applicable to a public water system.
    ``(h) 1-Time, Nationwide Testing.--
            ``(1) Initiation.--Except as provided in paragraph (3), in 
        accordance with testing requirements under the national primary 
        drinking water regulation for lead, and not later than 1 year 
        after the date of enactment of this subsection, each community 
        water system or nontransient noncommunity water system shall 
        initiate a testing program to identify, measured at the tap, 
        any lead contamination of the drinking water provided by the 
        community 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 paragraph (1), each community water system or 
        nontransient noncommunity water system shall--
                    ``(A) complete the testing program described in 
                paragraph (1); and
                    ``(B) submit to the Administrator and each State in 
                which the community water system or nontransient 
                noncommunity water system supplies drinking water, and 
                make available to the public, the results of the 
                testing program.
            ``(3) Exception.--If a community water system 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 relevant and 
        fully representative of all types of residential 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 Administrator), in accordance with protocols 
        established by the Administrator, directly to the Administrator 
        and the applicable State or local agency; and
            ``(5) otherwise ensure that the Safe Drinking Water 
        Information System and the National Contaminant 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 Administrator shall ensure that any 
requirement for corrosion control 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 nontransient noncommunity water 
system shall--
            ``(1) reevaluate any corrosion control plan in place for 
        the water system; and
            ``(2) implement any changes necessary to reoptimize 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 
                fitting or fixture (including a fitting or fixture to 
                be used for drinking, cooking, bathing, laundering 
                clothes or other washing, or lawn irrigation), 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 Drinking 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 appropriate local educational agency for 
                inspection by the public, including--
                            ``(i) teachers and other school personnel; 
                        and
                            ``(ii) parents of students attending the 
                        school.
                    ``(B) Notification.--The Administrator shall ensure 
                that each local educational agency notifies parent, 
                teacher, and employee organizations of the availability 
                of testing results described in subparagraph (A).
            ``(3) Drinking water coolers.--In the case of drinking 
        water coolers, the program under this subsection shall require 
        each local educational agency 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 rendered 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 
        responsibilities on behalf of the State.
            ``(5) Funding.--
                    ``(A) Authorization of appropriations.--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 expenses 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 primary drinking water 
regulation for lead to incorporate all applicable requirements of this 
Act and the amendments made by this Act.
                                 <all>