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(B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan
(A) In general
The term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual,
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whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan),
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(iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization.
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(B) Exception for qualified plans
Such term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc
For purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual
The term disqualified individual means a director or executive officer of the plan sponsor.
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(5) Termination based on bankruptcy reorganization
A termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code,
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or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology
Any term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a).
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(f) Special rules
(1) Coordinated benefits
If the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments
The Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment.
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(3) Controlled groups, etc
For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings
References to deferred compensation shall be treated as including references to income attributable to such compensation or such income.
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(g) Coordination
The Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times.
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(h) Waiver
(1) In general
In the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation.
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The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver
A waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations,
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and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver. 4. Effective date
The amendments made by this Act shall apply to plan amendments adopted on or after October 8, 2004.
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1. Temporary suspension of duty
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.02 2-Naphthalenesulfonic acid, 6-[(2,4-diaminophenyl)azo]-3-[[4-[[4-[[7-[(2,
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4-diaminophenyl)azo]-1-hydroxy-3-sulfo-2-naphthalenyl]azo]phenyl]amino]-3- sulfophenyl]azo]-4-hydroxy-, trisodium salt (CAS No.
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6473–13–8) (provided for in subheading 3204.14.50) Free Free No change 12/31/07 (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Short title
This Act may be cited as the Medicare Ambulance Payment Reform and Rural Equity Act of 2004. 2. Ambulance payment rates
(a) Payment rates
Section 1834(l)(3) of the Social Security Act ( 42 U.S.C. 1395m(l)(3) ) is amended to read as follows: (3) Payment rates
Subject to any adjustment under subparagraph (B) and paragraph (13) and the full payment of a national mileage rate pursuant to paragraph (2)(E),
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the Secretary shall modify the fee schedule established under paragraph (1) as follows: (A) Payment rates in 2006
(i) Ground ambulance services
In the case of ground ambulance services furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title,
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with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term full cost ambulance supplier means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier’s total staff and which receives less than 20 percent of space and other capital assets free of charge.
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(ii) Other ambulance services
In the case of ambulance services not described in subclause (i) that are furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). (B) Payment rates in subsequent years for all ambulance services
In the case of any ambulance service furnished under this part in 2007 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year,
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increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. (b) Conforming amendment
(1) Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A–487), as enacted into law by section 1(a)(6) of Public Law 106–554 , is repealed.
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(2) The amendment made by paragraph (1) shall take effect on January 1, 2006, and shall apply to payments for ambulance services furnished on or after such date. 3. Improvement in payments to retain emergency and other capacity for ambulances in rural areas
(a) In general
Section 1834(l) of the Social Security Act ( 42 U.S.C.
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1395m(l) ), as amended by section 415(a) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by adding at the end the following new paragraph: (15) Additional payments for providers furnishing ambulances services in rural areas
(A) In general
In the case of ground ambulance services furnished on or after January 1, 2006, for which the transportation originates in a rural area (as determined under subparagraph (B)), the Secretary shall provide for a percent increase in the base rate of the fee schedule for a trip identified under this subsection.
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(B) Identification of rural areas
The Secretary, in consultation with the Office of Rural Health Policy, shall use the Rural-Urban Commuting Areas (RUCA) coding system, adopted by that Office, to designate rural areas for the purposes of this paragraph. A rural area is any area in RUCA level 2 through 10 and any unclassified area.
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(C) Tiering of rural areas
The Secretary shall designate 4 tiers of rural areas, using a zip code population-based methodology generated by the RUCA coding system, as follows: (i) Tier 1
A rural area that is a high metropolitan commuting area, in which 30 percent or more of the commuting flow is to an urban area, as designated by the Bureau of the Census (RUCA level 2).
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(ii) Tier 2
A rural area that is a low metropolitan commuting area, in which less than 30 percent of the commuting flow is to an urban area or to a large town, as designated by the Bureau of the Census (RUCA levels 3–6). (iii) Tier 3
A rural area that is a small town core, as designated by the Bureau of the Census, in which no significant portion of the commuting flow is to an area of population greater than 10,000 people (RUCA levels 7–9).
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(iv) Tier 4
A rural area in which there is no dominant commuting flow (RUCA level 10) and any unclassified area. The Secretary shall consult with the Office of Rural Health Policy not less often than every 2 years to update the designation of rural areas in accordance with any changes that are made to the RUCA system. (D) Payment adjustments for trips in rural areas
The Secretary shall adjust the payment rate under this section for ambulance trips that originate in each of the tiers established in subparagraph (C).
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The adjustment shall be a percentage increase in the base payment rate as follows: (i) Tier 1
5.5 percent. (ii) Tier 2
11 percent. (iii) Tier 3
16.5 percent.
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(iv) Tier 4
22 percent.. (b) Review of payments for rural ambulance services and report to Congress
(1) Review
Not later than July 1, 2008, the Secretary of Health and Human Services shall review the system for adjusting payments for rural ambulance services under section 1834(l)(15) of the Social Security Act ( 42 U.S.C. 1395m(l)(15) ), as added by subsection (a), to determine the adequacy and appropriateness of such adjustments.
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In conducting such review the Secretary shall consult with providers and suppliers affected by such adjustments and with representatives of the ambulance industry generally to determine— (A) whether such adjustments adequately cover the additional costs incurred in serving areas of low population density; and (B) whether the tiered structure for making such adjustments appropriately reflects the difference in costs of providing services in different types of rural areas. (2) Report
Not later than January 1, 2009, the Secretary shall submit to Congress a report setting forth the results of such review and any recommendations for revision to the systems for adjusting payments for ambulance services in rural areas.
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(c) Conforming amendments
(1) Section 1834(l) of the Social Security Act ( 42 U.S.C.
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1395m(l) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph: (16) Designation of rural areas for mileage payment purposes
In establishing any differential in the amount of payment for mileage between rural and urban areas in the fee schedule established under paragraph (1), the Secretary shall identify rural areas in the same manner as provided in paragraph (15)(B).. (2) Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C.
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1395m(l)(12)(A) ), as added by section 414(c) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking January 1, 2010 and inserting January 1, 2006. (3) Section 1834(l)(13)(A)(i) of the Social Security Act ( 42 U.S.C.
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1395m(l)(13)(A)(i) ), as added by section 414(d) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking paragraph (9) and inserting paragraph (15)(B). 4. Use of medical conditions for coding ambulance services
Section 1834(l)(7) of the Social Security Act ( 42 U.S.C.
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1395m(l)(7) ) is amended to read as follows: (7) Coding system
(A) In general
The Secretary shall, in accordance with section 1173(c)(1)(B) and not later than July 1, 2005, establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition.
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(B) Medical conditions
The code set established under subparagraph (A) shall take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1)..
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1. Border Patrol unit for Virgin Islands
Not later than September 30, 2005, the Secretary of Homeland Security shall establish at least one Border Patrol unit for the Virgin Islands of the United States.
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1. Short title
This Act may be cited as the Lead-Free Drinking Water Act of 2004. 2. Revision of national primary drinking water regulation for lead
Section 1412(b) of the Safe Drinking Water Act ( 42 U.S.C.
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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).
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(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).
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(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;
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(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;
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(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. 3. Service line replacement
Section 1417(a)(1) of the Safe Drinking Water Act ( 42 U.S.C.
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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.
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(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.
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(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).
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(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),
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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.
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(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.
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(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.
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(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).
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(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.. 4.
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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,
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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,
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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);
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(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,
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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;
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(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.
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(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.
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(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,
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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).
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(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.
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(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,
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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.
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(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.
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(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.
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(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;
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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;
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(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;
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(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;
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(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.
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(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.
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(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.. 5. Additional provisions
(a) In general
Section 1417 of the Safe Drinking Water Act ( 42 U.S.C.
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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,
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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;
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(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,
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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.
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(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.. 6.
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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.
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(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.. 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.
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(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.
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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.. 8.
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Removal of lead in schools
(a) In general
Section 1464 of the Safe Drinking Water Act ( 42 U.S.C.
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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.
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(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,
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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).
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(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.
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(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. 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.
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1. Six-year extension of requirement for biennial reports
Section 541(c)(1) of title 38, United States Code, is amended by striking 2003 and inserting 2009.
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1. SHORT TITLE
This Act may be cited as the Financial Services for All Act. 2. Federal credit union amendment
Paragraph (12) of section 107 of the Federal Credit Union Act is amended to read as follows: (12) in accordance with regulations prescribed by the Board— (A) to sell or provide for a fee negotiable checks (including travelers checks), money orders, international money transmitting or transfer services, and other similar money transfer instruments and services (including electronic fund transfers); and (B) to cash checks and money orders and receive electronic fund transfers for a fee;.
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1. Clarification of per-unit costs
(a) In general
Paragraph (1) of the item relating to the Housing Certificate Fund in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 (division G of Public Law 108–199 ; 118 Stat. 372) is amended— (1) by inserting in each calendar quarter after and by applying ; and (2) by inserting in the most recent quarter for which the public housing agency has submitted such actual per unit cost information to the Secretary after actual per unit cost.
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(b) Applicability
The amendment made by subsection (a) shall apply to all expiring section 8 tenant-based annual contributions contracts renewed pursuant to the paragraph referred to in subsection (a), whether such renewal occurs before, on, or after the date of the enactment of this Act.
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Sec. 3. Findings relating to domestic violence within the Armed Forces Sec. 4. Findings relating to sexual misconduct in the Armed Forces Title I—Victims’ advocate programs in the Department of Defense. Sec. 101.
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Office of the victims’ advocate Sec. 102. Victims advocates Title II—Interdisciplinary councils within the Department of Defense Sec. 201. Department of Defense interdisciplinary council Sec. 202. Military department councils Sec. 203. Conforming repeal Title III—Reporting of sexual assault, domestic violence, and stalking within the Department of Defense Sec. 301. Complaints of sexual assault and domestic violence Sec. 302. Response of military law enforcement officials to domestic violence incidents Sec. 303.
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Investigations of sexual and domestic violence cases involving Department of Defense personnel Title IV—Protection of persons reporting sexual assault or domestic violence Sec. 401. Protection of communications between victims and advocates Sec. 402. Whistleblower protections for victim advocates Sec. 403. Prohibition of compulsory disclosure of certain communications and information Title V—Personnel administration matters Sec. 501. Performance evaluations and benefits Title VI—National and international hotlines awareness, prevention, and intervention campaign Sec. 601.
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