Lead Testing in School and Child Care Drinking Water Act of 2016

Summary: Lead Testing in School and Child Care Drinking Water Act of 2016 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a voluntary school and child care lead testing program of grants to states to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs. The bill repeals the current program of federal assistance for state programs regarding lead contamination in school drinking water.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Testing in School and Child 
Care Drinking Water Act of 2016''.

SEC. 2. VOLUNTARY SCHOOL AND CHILD CARE LEAD TESTING GRANT PROGRAM.

    (a) In General.--Section 1464 of the Safe Drinking Water Act (42 
U.S.C. 300j-24) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Voluntary School and Child Care Lead Testing Grant Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Child care program.--The term `child care 
                program' has the meaning given the term `early 
                childhood education program' in section 103 of the 
                Higher Education Act of 1965 (20 U.S.C. 1003).
                    ``(B) Local educational agency.--The term `local 
                educational agency' means--
                            ``(i) a local educational agency (as 
                        defined in section 8101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801));
                            ``(ii) a tribal education agency (as 
                        defined in section 3 of the National 
                        Environmental Education Act (20 U.S.C. 5502)); 
                        and
                            ``(iii) an operator of a child care program 
                        facility.
            ``(2) Establishment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Lead Testing in School and 
                Child Care Drinking Water Act of 2016, the 
                Administrator shall establish a voluntary school and 
                child care lead testing grant program to make grants 
                available to States to assist local educational 
                agencies in voluntary testing for lead contamination in 
                drinking water at schools and child care programs under 
                the jurisdiction of the local educational agencies.
                    ``(B) Grants to local educational agencies.--The 
                Administrator may make grants directly available to 
                local educational agencies for the voluntary testing 
                described in subparagraph (A) in--
                            ``(i) any State that does not participate 
                        in the voluntary school and child care lead 
                        testing grant program established under that 
                        subparagraph; and
                            ``(ii) any direct implementation area.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, a State or local educational agency shall 
        submit to the Administrator an application at such time, in 
        such manner, and containing such information as the 
        Administrator may require.
            ``(4) Use of funds.--
                    ``(A) In general.--A State or local educational 
                agency that receives a grant under this subsection may 
                use grant funds for the voluntary testing described in 
                paragraph (2)(A).
                    ``(B) Limitation.--Not more than 5 percent of grant 
                funds accepted under this subsection shall be used to 
                pay the administrative costs of carrying out this 
                subsection.
            ``(5) Guidance; public availability.--As a condition of 
        receiving a grant under this subsection, the State or local 
        educational agency shall ensure that each local educational 
        agency to which grant funds are distributed shall--
                    ``(A) expend grant funds in accordance with--
                            ``(i) the guidance of the Environmental 
                        Protection Agency entitled `3Ts for Reducing 
                        Lead in Drinking Water in Schools: Revised 
                        Technical Guidance' and dated October 2006 (or 
                        any successor guidance); or
                            ``(ii) applicable State regulations or 
                        guidance regarding reducing lead in drinking 
                        water in schools and child care programs that 
                        is not less stringent than the guidance 
                        referred to in clause (i); and
                    ``(B)(i) make available in the administrative 
                offices, and to the maximum extent practicable, on the 
                Internet website, of the local educational agency for 
                inspection by the public (including teachers, other 
                school personnel, and parents) a copy of the results of 
                any voluntary testing for lead contamination in school 
                and child care program drinking water that is carried 
                out with grant funds under this subsection; and
                    ``(ii) notify parent, teacher, and employee 
                organizations of the availability of the results 
                described in clause (i).
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $100,000,000 
        for fiscal year 2017 and each fiscal year thereafter.''.
    (b) Repeal.--Section 1465 of the Safe Drinking Water Act (42 U.S.C. 
300j-25) is repealed.