I 

114TH CONGRESS 

2D SESSION H. R. 5070 

To amend the Safe Drinking Water Act to provide for a school and child 

care lead testing grant program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2016 

Mr. PASCRELL introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Safe Drinking Water Act to provide for a 

school and child care lead testing grant program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lead Testing in School 

5 and Child Care Drinking Water Act of 2016’’. 

6 SEC. 2. VOLUNTARY SCHOOL AND CHILD CARE LEAD TEST7 ING GRANT PROGRAM. 

8 (a) IN GENERAL.—Section 1464 of the Safe Drink9 ing Water Act (42 U.S.C. 300j–24) is amended by striking 

10 subsection (d) and inserting the following: 


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1 ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE LEAD

2 TESTING GRANT PROGRAM.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) CHILD CARE PROGRAM.—The term 

5 ‘child care program’ has the meaning given the 

6 term ‘early childhood education program’ in 

7 section 103 of the Higher Education Act of 

8 1965 (20 U.S.C. 1003). 

9 ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The 

10 term ‘local educational agency’ means— 

11 ‘‘(i) a local educational agency (as de12 fined in section 8101 of the Elementary 

13 and Secondary Education Act of 1965 (20 

14 U.S.C. 7801)); 

15 ‘‘(ii) a tribal education agency (as de16 fined in section 3 of the National Environ17 mental Education Act (20 U.S.C. 5502)); 

18 and 

19 ‘‘(iii) an operator of a child care pro20 gram facility. 

21 ‘‘(2) ESTABLISHMENT.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of the Lead 

24 Testing in School and Child Care Drinking 

25 Water Act of 2016, the Administrator shall esVerDate Sep 11 2014 04:17 May 03, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5070.IH H5070

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1 tablish a voluntary school and child care lead 

2 testing grant program to make grants available 

3 to States to assist local educational agencies in 

4 voluntary testing for lead contamination in 

5 drinking water at schools and child care pro6 grams under the jurisdiction of the local edu7 cational agencies. 

8 ‘‘(B) GRANTS TO LOCAL EDUCATIONAL

9 AGENCIES.—The Administrator may make 

10 grants directly available to local educational 

11 agencies for the voluntary testing described in 

12 subparagraph (A) in— 

13 ‘‘(i) any State that does not partici14 pate in the voluntary school and child care 

15 lead testing grant program established 

16 under that subparagraph; and 

17 ‘‘(ii) any direct implementation area. 

18 ‘‘(3) APPLICATION.—To be eligible to receive a 

19 grant under this subsection, a State or local edu20 cational agency shall submit to the Administrator an 

21 application at such time, in such manner, and con22 taining such information as the Administrator may 

23 require. 

24 ‘‘(4) USE OF FUNDS.— 


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1 ‘‘(A) IN GENERAL.—A State or local edu2 cational agency that receives a grant under this 

3 subsection may use grant funds for the vol4 untary testing described in paragraph (2)(A). 

5 ‘‘(B) LIMITATION.—Not more than 5 per6 cent of grant funds accepted under this sub7 section shall be used to pay the administrative 

8 costs of carrying out this subsection. 

9 ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a 

10 condition of receiving a grant under this subsection, 

11 the State or local educational agency shall ensure 

12 that each local educational agency to which grant 

13 funds are distributed shall— 

14 ‘‘(A) expend grant funds in accordance 

15 with— 

16 ‘‘(i) the guidance of the Environ17 mental Protection Agency entitled ‘3Ts for 

18 Reducing Lead in Drinking Water in 

19 Schools: Revised Technical Guidance’ and 

20 dated October 2006 (or any successor 

21 guidance); or 

22 ‘‘(ii) applicable State regulations or 

23 guidance regarding reducing lead in drink24 ing water in schools and child care proVerDate Sep 11 2014 04:17 May 03, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5070.IH H5070

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1 grams that is not less stringent than the 

2 guidance referred to in clause (i); and 

3 ‘‘(B)(i) make available in the administra4 tive offices, and to the maximum extent prac5 ticable, on the Internet website, of the local 

6 educational agency for inspection by the public 

7 (including teachers, other school personnel, and 

8 parents) a copy of the results of any voluntary 

9 testing for lead contamination in school and 

10 child care program drinking water that is car11 ried out with grant funds under this subsection; 

12 and 

13 ‘‘(ii) notify parent, teacher, and employee 

14 organizations of the availability of the results 

15 described in clause (i). 

16 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to carry out 

18 this subsection $100,000,000 for fiscal year 2017 

19 and each fiscal year thereafter.’’. 

20 (b) REPEAL.—Section 1465 of the Safe Drinking 

21 Water Act (42 U.S.C. 300j–25) is repealed. 

Æ 


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