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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 TEST-
ING GRANT PROGRAM. 
(a) IN GENERAL.—Section 1464 of the Safe Drink-
ing Water Act (42 U.S.C. 300j–24) is amended by striking 
subsection (d) and inserting the following: 
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‘‘(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 de-
fined in section 8101 of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 7801)); 
‘‘(ii) a tribal education agency (as de-
fined in section 3 of the National Environ-
mental Education Act (20 U.S.C. 5502)); 
and 
‘‘(iii) an operator of a child care pro-
gram 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 es-
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tablish 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 pro-
grams under the jurisdiction of the local edu-
cational 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 partici-
pate 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 edu-
cational agency shall submit to the Administrator an 
application at such time, in such manner, and con-
taining such information as the Administrator may 
require. 
‘‘(4) USE OF FUNDS.— 
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‘‘(A) IN GENERAL.—A State or local edu-
cational agency that receives a grant under this 
subsection may use grant funds for the vol-
untary testing described in paragraph (2)(A). 
‘‘(B) LIMITATION.—Not more than 5 per-
cent of grant funds accepted under this sub-
section 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 Environ-
mental 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 drink-
ing water in schools and child care pro-
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grams that is not less stringent than the 
guidance referred to in clause (i); and 
‘‘(B)(i) make available in the administra-
tive offices, and to the maximum extent prac-
ticable, 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 car-
ried 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. 
Æ 
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