Authorizing Legislation

102 STAT. 2884

PUBLIC LAW 100-572—OCT. 31, 1988

Public Law 100-572
100th Congress
An Act
Oct. 31, 1988
[H.R. 4939]

Lead

Contamination
Control Act of
1988

Consumer

protection.
42 u s e 201 note.

To amend the Safe Drinking Water Act to control lead in 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 Contamination Control Act of
1988 .
SEC. 2. LEAD IN DRINKING WATER COOLERS AND IN SCHOOL DRINKING
WATER.
(a) ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF
DRINKING WATER.—The Safe Drinking Water Act (title XIV of the

Public Health Service Act; 42 U.S.C. 300f and following) is amended
by adding the following new part at the end thereof:
"PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF
DRINKING WATER
42 u s e 300J-21.

"SEC. 1461. DEFINITIONS.

"As used in this part—
"(1) DRINKING WATER COOLER.—The term 'drinking water
cooler' means any mechanical device affixed to drinking water
supply plumbing which actively cools water for human
consumption.
"(2) LEAD FREE.—The term 'lead free' means, with respect to a
drinking water cooler, that each part or component of the cooler
which may come in contact with drinking water contains not
more than 8 percent lead, except that no drinking water cooler
which contains any solder, flux, or storage tank interior surface
which may come in contact with drinking water shall be considered lead free if the solder, flux, or storage tank interior surface
contains more than 0.2 percent lead. The Administrator may
establish more stringent requirements for treating any part or
component of a drinking water cooler as lead free for purposes
of this part whenever he determines that any such part may
constitute an important source of lead in drinking water.
"(3) LOCAL EDUCATIONAL AGENCY.—The term 'local educational agency' means—
"(A) any local educational agency as defined in section
198 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 3381),
"(B) the owner of any private, nonprofit elementary or
secondary school building, and
"(C) the governing authority of any school operating
under the defense dependent's education system provided
for under the Defense Dependent's Education Act of 1978
(20 U.S.C. 921 and following).

PUBLIC LAW 100-572—OCT. 31, 1988

102 STAT. 2885

"(4) REPAIR.—^The term 'repair' means, with respect to a
drinking water cooler, to take such corrective action as is
necessary to ensure that water cooler is lead free.
"(5) REPLACEMENT.—The term 'replacement', when used with
respect to a drinking water cooler, means the permanent removal of the water cooler and the installation of a lead free
water cooler.
"(6) SCHOOL.—The term 'school' means any elementary school
or secondary school as defined in section 198 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2854) and any
kindergarten or day care facility.
"(7) LEAD-UNED TANK.—The term 'lead-lined tank' means a
water reservoir container in a drinking water cooler which
container is constructed of lead or which has an interior surface
which is not lead free.
"SEC. 1462. RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED
TANKS.

42 u s e 300J-22.

"For purposes of the Consumer Product Safety Act, all drinking
water coolers identified by the Administrator on the list under
section 1463 as having a lead-lined tank shall be considered to be
imminently hazardous consumer products within the meaning of
section 12 of such Act (15 U.S.C. 2061). After notice and opportunity Business and
for comment, including a public hearing, the C!onsumer Product industry.
Safety O)mmission shall issue an order requiring the manufacturers
and importers of such coolers to repair, replace, or recall and
provide a refund for such coolers within 1 year after the enactment
of the Lead Contamination Control Act of 1988. For purposes of
enforcement, such order shall be treated as an order under section
15(d) of that Act (15 U.S.C. 2064(d)).
"SEC. 1463. DRINKING WATER COOLERS CONTAINING LEAD.

42 u s e 300J-23.

"(a) PUBLICATION OF LISTS.—The Administrator shall, after notice
and opportunity for public comment, identify each brand and model
of drinking water cooler which is not lead free, including each brand
and model of drinking water cooler which has a lead-lined tank. For
purposes of identifying the brand and model of drinking water
coolers under this subsection, the Administrator shall use the best
information available to the Environmental Protection Agency.
Within 100 days after the enactment of this section, the Adminis- Public
trator shall publish a list of each brand and model of drinking water information.
cooler identified under this subsection. Such list shall separately
identify each brand and model of cooler which has a lead-lined tank.
The Administrator shall continue to gather information regarding
lead in drinking water coolers and shall revise and republish the list
from time to time as may be appropriate as new information or
analysis becomes available regarding lead contamination in drinking water coolers.
"(b) PROHIBITION.—No person may sell in interstate commerce, or
manufacture for sale in interstate commerce, any drinking water
cooler listed under subsection (a) or any other drinking water cooler
which is not lead free, including a lead-lined drinking water cooler.
"(c) CRIMINAL PENALTY.—Any person who knowingly violates the
prohibition contained in subsection (b) shall be imprisoned for not
more than 5 years, or fined in accordance with title 18 of the United
States (Dode, or both.

102 STAT. 2886

PUBLIC LAW 100-572—OCT. 31, 1988

"(d) CIVIL PENALTY.—The Administrator may bring a civil action
in the appropriate United States District Court (as determined
under the provisions of title 28 of the United States Cbde) to impose
a civil penalty on any person who violates subsection (b). In any such
action the court mav impose on such person a civil penalty of not
more than $5,000 ($50,000 in the case of a second or suteequent
violation).
42 u s e 300J-24.

"SEC. 1464. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
"(a) DISTRIBUTION OP DRINKING WATER COOLER LIST.—Within 100

Public
information.

State and local
governments.

dajrs after the enactment of this section, the Administrator shall
distribute to the States a list of each brand and model of drinking
water cooler identified and listed by the Administrator under section 1463(a).
"(b) GUIDANCE DOCUMENT AND TESTING PROTOCOL.—The Administrator shall publish a guidance document and a testii^ protocol to
assist schools in determining the source and d^ree of lead contamination in school drinking water supplies and in remedying such
contamination. The guidance document shall include guidelines for
sample preservation. The guidance document shall also include
guidance to assist States, schools, and the general public in
ascertaining the levels of lead contamination in drinking water
coolers and in taking appropriate action to reduce or eliminate such
contamination. The guidance document shall contain a testing
protocol for the identification of drinking water coolers which
contribute to lead contamination in drinking water. Such document
and protocol may be revised, republished and redistributed as the
Administrator deems necessary. The Administrator shall distribute
the guidance dociunent and testing protocol to the States within 100
davs after the enactment of this section.
(c) DISSEMINATION TO SCHOOLS, ETC.—Each State shall provide for

the dissemination to local educational agencies, private nonprofit
elementary or secondary schools and to day care centers of the
guidance document and testing protocol published under subsection
0>), together with the list of dnnking water coolers published under
section 1463(a).
state and local

governments.

"(d) REMEDIAL ACTION PROGRAM.—
"(1) TESTING AND REMEDYING LEAD CONTAMINATION.—^Within 9

months after the enactment of this section, each State shall
establish a program, consistent with this section, to assist local
educational agencies in testing for, and remedying, lead
contamination in drinking water from coolers and nrom other
sources of lead contamination at schools under the jurisdiction
of such agencies.
"(2) PUBLIC AVAILABILITY.—A copy of the results of any testing
under paragraph (1) shall be available in the administrative
offices of the local educational agency for inspection by the
public, including teachers, other school personnel, and parents.
The local educational agency shall notify parent, teacher, and
employee oiiganizations of the availability of such testing
results.
"(3) COOLERS.—^In the case of drinking water coolers, such
program shall include measures for the reduction or elimination of lead contamination fix>m those water coolers which
are not lead free and which are located in schools. Such measures shall be adequate to ensure that within 15 months after
the enactment of this subsection all such water coolers in

PUBLIC LAW 100-572—OCT. 31, 1988

102 STAT. 2887

schools under the jurisdiction of such agencies are repaired,
replaced, permanently removed, or rendered inoperable unless
the cooler is tested and found (within the limits of testing
accuracy) not to contribute lead to drinking water.
"SEC. 1465. FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING
LEAD CONTAMINATION IN SCHOOL DRINKING WATER.

42 USC 300J-25.

"(a) SCHOOL DRINKING WATER PROGRAMS.—The Administrator
shall make grants to States to establish and carry out State programs under section 1464 to assist local educational agencies in
testing for, and remedjdng, lead contamination in drinking water
from drinking water coolers and from other sources of lead contamination at schools under the jurisdiction of such agencies. Such
grants may be used by States to reimburse local educational agencies for expenses incurred after the enactment of this section for
such testing and remedial action.
"(b) LIMITS.—Each grant under this section shall be used as by the
State for testing water coolers in accordance with section 1464, for
testing for lead contamination in other drinking water supplies
under section 1464, or for remedial action under State programs
under section 1464. Not more than 5 percent of the grant may be
used for program administration.
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section not more than $30,000,000
for fiscal year 1989, $30,000,000 for fiscal year 1990, and $30,000,000
for fiscal year 1991.".
SEC. 3. LEAD POISONING PREVENTION PROGRAMS.

The Public Health Service Act is amended by adding the following
new section after section 317:
"SEC. 317A. LEAD POISONING PREVENTION.

42 USC 247b-l.

"(a) GRANTS TO STATES.—The Secretary, acting through the Direc- Children and
tor of the Centers for Disease Control, may make grants to States youth.
and agencies of units of local governments for the initiation and
expansion of community programs designed to (1) screen infants and
children for elevated blood lead levels, (2) assure referral for treatment of, and environmental intervention for, infants and children
with such blood lead levels, and (3) provide education about childhood lead poisoning. In making grants under this paragraph, the
Secretary shall give priority to applications for programs which will
serve areas with a high incidence of elevated blood lead levels in
infants and children.
"0)) GRANT APPUCATIONS.—(1) No grant may be made under
subsection (a), unless an application therefor has been submitted to,
and approved by, the Secretary. Such an application shall be in such
form and shall be submitted in such manner as the Secretary shall
prescribe and shall include each of the following:
"(A) A complete description of the program which is to be
provided by or through the applicant.
"(B) Assurances satisfactory to the Secretary that the program to be provided under the grant applied for will include
educational progrsmis designed to communicate to parents, educators, and local health officials the significance and prevalence
of lead poisoning in infants and children which the program is
designed to detect and prevent.

102 STAT. 2888
Children and
youth.

Reports.

PUBLIC LAW 100-572—OCT. 31, 1988

"(C) Assurances satisfactory to the Secretary that the applicant will report on a quarterly basis the number of infants
and children screened for elevated blood lead levels, the number
of infants and children who were found to have elevated blood
lead levels, the number and type of medical referrals made for
such infants and children, the outcome of such referrals, and
other information to measure program effectiveness as required
under paragraph (2).
"(D) Assurances satisfactory to the Secretary that the applicant will make such reports respecting the program involved
as the Secretary may require.
"(E) Such other information as the Secretary may prescribe.
"(2) The Secretary shall prepare and submit a report to the
Committee on Energy and Commerce of the United States House of
Representatives and to the Committee on Labor and Human Resources of the United States Senate not later than one year after the
enactment of this section, and annually thereafter, on the effectiveness during the period reported on of the programs assisted under
grants under sul^ection (a).
"(c) MAINTENANCE OF EFFORT.—No grant may be made under
subsection (a) unless the Secretary determines that there is satisfactory assurance that Federal funds made available under such a
grant for any period will be so used as to supplement and, to the
extent practical, increase the level of State, local, and other nonFederal funds that would, in the absence of such Federal funds, be
made available for the program for which the grant is to be made
and will in no event supplant such State, local, and other nonFederal funds.
"(d) 0)ORDiNATiON.—No grant may be made under subsection (a)
unless the Secretary determines that there will be coordination
between the recipient of the grant and activities within the State in
which the grantee is located under titles V and XIX of the Social
Security Act relating to lead poisoning prevention.
"(e) METHOD AND AMOUNT OF PAYMENT.—The Secretary shall
determine the amount of a grant made under subsection (a). Payments under such grants may be made in advance on the basis of
estimates or by way of reimbursement, with necessary adjustments
on account of underpayments or overpayments, and in such installments and on such terms £md conditions as the Secretary finds
necessary to carry out the purposes of such grants. Not more than
10 percent of any grant may be obligated for administrative costs.
"(f) SuppuES, EQUIPMENT, AND EMPLOYEE DETAIL.—The Secretary,
at the request of a recipient of a grant under subsection (a), may
reduce the amount of such grant by—
"(1) the fair market value of any supplies or equipment
furnished the grant recipient, and
"(2) the amount of the pay, allowances, and travel expenses of
any officer or employee of the (Jovemment when detailed to the
grant recipient and the amount of any other costs incurred in
connection with the detail of such officer or employee,
when the furnishing of such supplies or equipment or the detail of
such an officer or employee is for the convenience of and at the
request of such grant recipient and for the purpose of carrying out a
program with respect to which the grant under subsection (a) is
made. The amount by which any such grant is so reduced shall be
available for pa3mient by the Secretary of the costs incurred in
furnishing the supplies or equipment, or in detailing the personnel,

PUBLIC LAW 100-572—OCT. 31, 1988

102 STAT. 2889

on which the reduction of such grant is based, and such amount
shall be deemed as part of the grant and shall be deemed to have
been paid to the grant recipient.
"(g) RECORDS.—Each recipient of a grant under subsection (a) shall
keep such records as the Secretary shall prescribe, including records
which fully disclose the amount and disposition by such recipient of
the proceeds of such grant, the total cost of the undertaking in
connection with which such grant was made, and the amount of that
portion of the cost of the undertaking supplied by other sources, and
such other records as will facilitate an effective audit.
"(h) AUDIT AND EXAMINATION OF RECORDS.—The Secretary

Public
information.

and

the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of
audit and examination to any books, documents, papers, and records
of the recipient of a grant under subsection (a), that are pertinent to
such grant.
"(i) INDIAN TRIBES.—For purposes of this section, the term 'units
of local government' includes Indian tribes.
"(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section not more than $20,000,000
for fiscal year 1989, $22,000,000 for fiscal year 1990, and $24,000,000
for fiscal year 1991.".
SEC. 4. CERTIFICATION OF TESTING LABORATORIES.

42 u s e 300J-26.

The Administrator of the Environmental Protection Agency shall
assure that programs for the certification of testing laboratories
which test drinking water supplies for lead contamination certify
only those laboratories which provide reliable accurate testing. The
Administrator (or the State in the case of a State to which certification authority is delegated under this subsection) shall publish
and make available to the public upon request the list of laboratories certified under this subsection.

Public
information.

SEC. 5. CONFORMING AMENDMENT.

Section 1445 of the Safe Drinking Water Act (title XIV of the
Public Health Service Act) is amended by adding the following new 42 u s e 300J-4.
subsection at the end thereof:
"(f)

INFORMATION REGARDING DRINKING WATER COOLERS.—The

Business and

Administrator may utilize the authorities of this section for pur- industry.
poses of part F. Any person who manufactures, imports, sells, or
distributes drinking water coolers in interstate commerce shall be
treated as a supplier of water for purposes of applying the provisions
of this section in the case of persons subject to part F.".
Approved October 31, 1988.

LEGISLATIVE HISTORY—H.R. 4939:
HOUSE REPORTS: No. 100-1041 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 134 (1988):
Oct. 5, considered and passed House.
Oct. 14, considered and passed Senate.