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LegalText 42 U.S.C. § 300j21 Definitions us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300j21 42 U.S.C. § 300j21 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300j21 data/legal/raw/us/code/title-42/usc42.xml aca68f18d1b77fd71a23c8e3a1074b69e86e9dae54924b93cd73af7f406d2004 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 184e79af8cfee7471604c1b65e70f03d84e9c5d733ed612453769282d563ba6d 2026-07-04 official
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42 U.S.C. § 300j21 - Definitions

Text

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 7801 of title 20,

(B) the owner of any private, nonprofit elementary or secondary school building, and

(C) the governing authority of any school operating under the defense dependents education system provided for under the Defense Dependents Education Act of 1978 (20 U.S.C. 921 and following).

(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 or drinking water fountain, means the permanent removal of the water cooler or drinking water fountain and the installation of a lead free water cooler or drinking water fountain.

(6) School The term “school” means any elementary school or secondary school as defined in section 7801 of title 20 and any kindergarten or day care facility.

(7) Lead-lined 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.

(July 1, 1944, ch. 373, title XIV, § 1461, as added Pub. L. 100572, § 2(a), Oct. 31, 1988, 102 Stat. 2884; amended Pub. L. 103382, title III, § 391(p), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 104182, title V, § 501(f)(7), Aug. 6, 1996, 110 Stat. 1692; Pub. L. 107110, title X, § 1076(x), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 11495, title IX, § 9215(ooo), Dec. 10, 2015, 129 Stat. 2188; Pub. L. 115270, title II, § 2006(b)(2), Oct. 23, 2018, 132 Stat. 3844.)

Notes

Editorial Notes

References in TextThe Defense Dependents Education Act of 1978, referred to in par. (3)(C), probably means the Defense Dependents Education Act of 1978, title XIV of Pub. L. 95561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables.

Amendments2018—Par. (5). Pub. L. 115270 inserted “or drinking water fountain” after “water cooler” wherever appearing. 2015—Pars. (3)(A), (6). Pub. L. 11495 made technical amendment to references in original act which appear in text as references to section 7801 of title 20. 2002—Pars. (3)(A), (6). Pub. L. 107110 substituted “section 7801 of title 20” for “section 8801 of title 20”. 1996—Pub. L. 104182 made technical amendment to section catchline and first word of text. 1994—Par. (3)(A). Pub. L. 103382, § 391(p)(1), substituted “section 8801 of title 20” for “section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381)”. Par. (6). Pub. L. 103382, § 391(p)(2), substituted “section 8801 of title 20” for “section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, set out as an Effective Date note under section 6301 of Title 20, Education.