[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3178 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3178

  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

                             June 30, 2005

Ms. Norton (for herself and Mr. Waxman) introduced the following bill; 
       which was referred to the Committee 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 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 
2005''.

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 the maximum feasible 
                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 in English, and, in areas 
                                with a large proportion of non-English 
                                speaking residents, in each other 
                                appropriate language--
                                            ``(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 in 
                                English, and, in areas with a large 
                                proportion of non-English speaking 
                                residents, in each other appropriate 
                                language, 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, 
                                        upon a change in ownership of a 
                                        property served by a non-lead-
                                        free service line, a new 
                                        property owner may request that 
                                        the community water system or 
                                        nontransient noncommunity water 
                                        system replace the non-lead-
                                        free service line for the 
                                        property within a reasonable 
                                        period of time.
                                    ``(VI) Grants.--Using amounts 
                                available under subsection (l)(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 in 
                English, and, in areas with a large proportion of non-
                English speaking residents, in each other appropriate 
                language, 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, water meters, lead 
                        solder, and leaded plumbing fixtures);
                            ``(v) information sources regarding 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;
                            ``(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; and
                                    ``(III) a description of the 
                                potential health effects of any 
                                corrosion control modifications;
                            ``(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) 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
                            ``(iii) 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.--Each owner or operator of a 
                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 and implementation 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 and delivery 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) child care facilities; and
                                    ``(V) 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) provide a means by which 
                                community water systems and 
                                nontransient noncommunity water systems 
                                may share information with the public; 
                                and
                                    ``(V) 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 leaded 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) Applicability.--Except as provided in 
                subparagraph (F)(ii), this paragraph applies only to 
                community water systems and nontransient noncommunity 
                water systems that, at any time after June 7, 1991, 
                exceed or have exceeded the maximum contaminant level 
                or action level for lead.''.

SEC. 5. ADDITIONAL PROVISIONS.

     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) Filters.--
                            ``(i) 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 and replacement 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.
                            ``(ii) Timing.--Filters and replacement 
                        filters shall be provided to a community water 
                        system or nontransient noncommunity water 
                        system under clause (i) until such time as the 
                        system no longer exceeds the maximum 
                        contaminant level or action level.
                    ``(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 have or 
                        could be expected to have higher lead levels, 
                        based on testing results under the national 
                        primary drinking water regulation for lead.
                    ``(C) Standards and certifications for filters.--
                Each type of on-location filter provided under 
                subparagraph (A) shall be certified by a third-party 
                certifier accredited by the American National Standards 
                Institute (referred to in this section as `ANSI') to 
                the appropriate NSF International (referred to in this 
                section as `NSF')/ANSI standard for lead reduction.
            ``(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 section 1412(b)(16)(B).
    ``(g) Federal Agencies.--
            ``(1) In general.--Each Federal agency shall conduct water 
        supply testing in each federally-owned or federally-occupied 
        building under the jurisdiction of the Federal agency to 
        determine whether lead levels in drinking water in the building 
        require action to provide a level of protection consistent with 
        section 1412(b)(16)(B).
            ``(2) Methodology and guidance.--The Administrator shall 
        establish a methodology and provide guidance for testing and 
        remediation in Federal buildings that will provide a level of 
        protection consistent with section 1412(b)(16)(B).
            ``(3) Applicability.--
                    ``(A) In general.--This subsection shall not apply 
                to a Federal building that is served by a federally-
                owned or federally-operated public water system that is 
                subject to the national primary drinking water 
                regulation for lead.
                    ``(B) Other requirements.--Nothing in this 
                subsection affects any requirement applicable to a 
                public water system.
    ``(h) Testing.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, in accordance with testing 
        requirements under the national primary drinking water 
        regulation for lead, each community water system and 
        nontransient noncommunity water system described in paragraph 
        (2) shall initiate, and complete not later than 180 days after 
        the date of initiation, a testing program for lead in drinking 
        water that is consistent with the monitoring requirements under 
        section 141.86 of title 40, Code of Federal Regulations (or a 
        successor regulation) that are associated with the final rule 
        entitled `Maximum Contaminant Level Goals and National Primary 
        Drinking Water Regulations for Lead and Copper' (56 Fed. Reg. 
        26548 (June 7, 1991)).
            ``(2) Applicability.--This section applies to each 
        community water system and nontransient noncommunity water 
        system that--
                    ``(A) is monitoring lead in drinking water on a 
                reduced monitoring plan in accordance with section 
                141.86(c) of title 40, Code of Federal Regulations;
                    ``(B) is subject to the requirements of the final 
                rule entitled `National Primary Drinking Water 
                Regulations: Disinfectants and Disinfection Byproducts, 
                Part IV' (63 Fed. Reg. 69390 (December 16, 1998)) 
                (referred to in this section as the `Stage 1 Rule'); 
                and
                    ``(C) has not conducted monitoring under the 
                reduced monitoring plan of the system since making 
                significant changes as a means of complying with the 
                Stage 1 Rule (as in effect on the date of enactment of 
                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:
    ``(l) 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 2006 through 2010.
            ``(2) District of columbia.--Of amounts provided under 
        paragraph (1), $40,000,000 for each of fiscal years 2006 
        through 2010 is authorized for use in replacing non-lead free 
        service lines in the District of Columbia.''.

SEC. 7. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.

    (a) Definitions.--Section 1417 of the Safe Drinking Water Act (42 
U.S.C. 300g-6) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Definitions.--In this section:
            ``(1) High lead.--The term `high lead' means any pipe, or 
        pipe or plumbing fitting or fixture, that contains more than 2 
        percent lead.
            ``(2) Lead free.--The term `lead free' means solder, flux, 
        a pipe, or a pipe or plumbing fitting or fixture that contains 
        not more than 0.2 percent lead.
            ``(3) Plumbing fitting; plumbing fixture.--The terms 
        `plumbing fitting' and `plumbing fixture' do not include--
                    ``(A) any porcelain item; or
                    ``(B) any plumbing component that does not come 
                into contact with drinking water.''.
    (b) Prohibitions.--Section 1417(a) of the Safe Drinking Water Act 
(42 U.S.C. 300g-6(a)) is amended--
            (1) by striking ``(a) In General.--'' and all that follows 
        through paragraph (1)(A)(ii) and inserting the following:
    ``(a) Use of Lead Pipes, Solder, and.--
            ``(1) Prohibitions.--
                    ``(A) In general.--
                            ``(i) Solder and flux.--No person may use, 
                        after June 19, 1986, any solder or flux that is 
                        not lead free in the installation or repair of 
                        any public water system or any plumbing in a 
                        residential or nonresidential facility 
                        providing water for human ingestion (including 
                        water for bathing).
                            ``(ii) Pipes; pipe and plumbing fittings 
                        and fixtures.--
                                    ``(I)  in general.--Not later than 
                                1 year after the date of enactment of 
                                the Lead-Free Drinking Water Act of 
                                2005, no person may use any high lead 
                                pipe, or pipe or plumbing fitting or 
                                fixture, in the installation or repair 
                                of--
                                            ``(aa) (aa) any public 
                                        water system; or
                                            ``(bb) (bb) any plumbing in 
                                        a residential or nonresidential 
                                        facility providing water for 
                                        human ingestion (including 
                                        water for bathing).
                                    ``(II) Prohibition.--On and after 
                                the date that is 5 years after the date 
                                of enactment of the Lead-Free Drinking 
                                Water Act of 2005, no person may use 
                                any pipe, or pipe or plumbing fitting 
                                or fixture, that is not lead free in 
                                the installation or repair of--
                                            ``(aa) any public water 
                                        system; or
                                            ``(bb) any plumbing in a 
                                        residential or nonresidential 
                                        facility providing water for 
                                        human ingestion (including 
                                        water for bathing).''; and
            (2) in paragraph (3), by striking ``(3) Unlawful acts.--'' 
        and all that follows through subparagraph (A) and inserting the 
        following:
            ``(3) Unlawful acts.--On and after the date that is 1 year 
        after the date of enactment of the Lead-Free Drinking Water Act 
        of 2005, it shall be unlawful--
                    ``(A) for any person to introduce into commerce any 
                pipe, or pipe or plumbing fitting or fixture, that is a 
                high lead pipe or high lead pipe or plumbing fitting or 
                fixture (except for a pipe that is used in 
                manufacturing or industrial processing);''.
    (c) Certification; Technical Information and Assistance; Failure to 
Complete Revision.--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) Certification.--The Administrator shall 
                require that any plumbing fitting or fixture intended 
                by the manufacturer (or agent of the manufacturer) to 
                convey or dispense water for human ingestion (including 
                water for bathing) be certified by an independent, 
                third-party certifier accredited by ANSI as meeting the 
                requirements of NSF/ANSI standard number 61 as 
                described in subparagraph (A).
                    ``(D) Technical information and assistance.--The 
                Administrator shall provide accurate and timely 
                technical information and assistance to qualified 
                third-party certifiers described in subparagraph (C), 
                and to the NSF, for use in conducting a review of, and, 
                not later than 1 year after the date of enactment of 
                this subparagraph, revising NSF/ANSI standard number 61 
                such that the NSF Test Statistic Q applicable to 
                plumbing fittings and fixtures shall be less than or 
                equal to 5 micrograms.
                    ``(E) Failure to complete revision.--If the 
                Administrator determines that the revision required by 
                subparagraph (D) has not been completed by the date 
                that is 2 years after the date of enactment of this 
                subparagraph, no person may import, manufacture, 
                process, or distribute in commerce after that date any 
                new pipe, or pipe or plumbing fitting or fixture, 
                intended by the manufacturer (or agent of the 
                manufacturer) to convey or dispense water for human 
                ingestion (including water for bathing) that is not 
                lead free.''.

SEC. 8. REMOVAL OF LEAD IN SCHOOLS.

    (a) Removal of Lead in Schools and Educational Facilities.--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 and Educational Facilities.--
            ``(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 2005, the Administrator--
                    ``(A) shall promulgate regulations requiring each 
                State to establish a program under which schools and 
                other educational facilities licensed by the State are 
                required to test for annually, and remediate, lead 
                contamination in water for human ingestion from 
                coolers, taps, and other sources; and
                    ``(B) may provide to each State, in accordance with 
                the regulations, a grant to assist, or provide 
                reimbursement for costs incurred by, schools and 
                educational facilities licensed by the State in 
                carrying out testing and remediation described in 
                subparagraph (A).
            ``(2) Public availability.--
                    ``(A) In general.--The regulations shall provide 
                that a copy of the results of any testing at a school 
                or educational facility under paragraph (1) shall be 
                available in the reception area and administrative 
                offices of the school or facility for inspection by the 
                public, including--
                            ``(i) teachers and other school or facility 
                        personnel; and
                            ``(ii) parents and legal guardians of 
                        students attending the school or facility.
                    ``(B) Notification.--The regulations shall provide 
                that each school and educational facility licensed by a 
                State shall notify 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 regulations promulgated under paragraph 
        (1)(A) shall provide that, under the program established by a 
        State under the regulations, each school and educational 
        facility licensed by the State shall carry out appropriate 
        measures for the reduction or elimination of lead contamination 
        from drinking water coolers that are located in the school or 
        facility and are not lead free 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 2005, all such 
        drinking water coolers in the school or facility 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 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 of fiscal years 2007 
                through 2011.
                    ``(B) Administrative expenses.--A State (or, in a 
                case in which the Administrator implements this 
                subsection under paragraph (4), the Administrator) may 
                use not more than 5 percent of amounts authorized to be 
                appropriated under subparagraph (A) for a fiscal year 
                to pay administrative expenses incurred in carrying out 
                this subsection for the fiscal year.''.
    (b) Enforcement.--Section 1414(i)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g-3(i)(1)) is amended--
            (1) by striking ``1417'' and inserting ``1417,''; and
            (2) by striking ``or 1445'' and inserting ``1445, or 
        1464(d)''.
    (c) Conforming Amendment.--Section 1465 of the Safe Drinking Water 
Act (42 U.S.C. 300j-25) is repealed.

SEC. 9. REVISION OF REGULATIONS.

    In revising the national primary drinking water regulation for lead 
under section 1412(b)(16) of the Safe Drinking Water Act (as added by 
section 2), the Administrator shall ensure that the revised regulation 
incorporates all applicable requirements of this Act and the amendments 
made by this Act.
                                 <all>