HR 3282 — Drinking Water Funding for the Future Act of 2021

(a) In general (1) Fiscal years 2015 through 2019 There are authorized to be appropriated to each of the Secretary and the Administrator to carry out this chapter, to remain available until expended— (A) $20,000,000 for fiscal year 2015; (B) $25,000,000 for fiscal year 2016; (C) $35,000,000 for fiscal year 2017; (D) $45,000,000 for fiscal year 2018; and (E) $50,000,000 for fiscal year 2019. (2) Fiscal years 2020 and 2021 There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended. (3) Fiscal years 2022 through 2026 There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (b) Administrative costs (1) Fiscal years 2015 through 2019 Of the funds made available to carry out this chapter, the Secretary or the Administrator, as applicable, may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019. (2) Fiscal years after 2019 Of the funds made available to carry out this chapter, the Administrator may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $5,000,000 for each of fiscal years 2022 through 2026. (c) Small community water infrastructure projects (1) In general For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title. (2) Administration Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects. (d) Additional funding Notwithstanding section 3908(b)(2) of this title, the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each fiscal year under this section for loans in excess of 49 percent of the total project costs. (e) Assistance for State infrastructure financing authorities (1) In general With respect to fiscal years 2022 through 2026, if the Administrator has available for obligation in a fiscal year at least $50,000,000, there is authorized to be appropriated to the Administrator $5,000,000 for that fiscal year to provide financial assistance for projects described in section 3905(9) of this title to State infrastructure financing authorities. (2) No impact on other Federal funding No funds shall be made available in a fiscal year to the Administrator for purposes of this subsection if— (A) the total amount appropriated for the fiscal year for State loan funds under section 300j–12 of title 42 is less than either the amount made available for such purpose in fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater; and (B) the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.] is less than either the amount made available for such purpose for fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater. (3) Inclusion in agreement If the Administrator provides financial assistance to a State infrastructure financing authority under section 3908 of this title using funds made available pursuant to this subsection, the Administr...

(a) Risk and resilience assessments (1) In general Each community water system serving a population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an assessment— (A) shall include an assessment of— (i) the risk to the system from malevolent acts and natural hazards; (ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; (iii) the monitoring practices of the system; (iv) the financial infrastructure of the system; (v) the use, storage, or handling of various chemicals by the system; and (vi) the operation and maintenance of the system; and (B) may include an evaluation of capital and operational needs for risk and resilience management for the system. (2) Baseline information The Administrator, not later than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information on malevolent acts of relevance to community water systems, which shall include consideration of acts that may— (A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or (B) otherwise present significant public health or economic concerns to the community served by the system. (3) Certification (A) Certification Each community water system described in paragraph (1) shall submit to the Administrator a certification that the system has conducted an assessment complying with paragraph (1). Such certification shall be made prior to— (i) March 31, 2020, in the case of systems serving a population of 100,000 or more; (ii) December 31, 2020, in the case of systems serving a population of 50,000 or more but less than 100,000; and (iii) June 30, 2021, in the case of systems serving a population greater than 3,300 but less than 50,000. (B) Review and revision Each community water system described in paragraph (1) shall review the assessment of such system conducted under such paragraph at least once every 5 years after the applicable deadline for submission of its certification under subparagraph (A) to determine whether such assessment should be revised. Upon completion of such a review, the community water system shall submit to the Administrator a certification that the system has reviewed its assessment and, if applicable, revised such assessment. (4) Contents of certifications A certification required under paragraph (3) shall contain only— (A) information that identifies the community water system submitting the certification; (B) the date of the certification; and (C) a statement that the community water system has conducted, reviewed, or revised the assessment, as applicable. (5) Provision to other entities No community water system shall be required under State or local law to provide an assessment described in this section (or revision thereof) to any State, regional, or local governmental entity solely by reason of the requirement set forth in paragraph (3) that the system submit a certification to the Administrator. (b) Emergency response plan Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto). Each community water system shall certify to the Administrator, as soon as reasonably possible after October 23, 2018, but not later than 6 months after completion of the assessment under subsection (a), that the system has completed such plan. The emergency response plan shall include— (1) strategies and resources to improve the resilience of the system, including the physical security...

(a) General authority (1) Grants to States to establish State loan funds (A) In general The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter. (B) Establishment of fund To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a “State loan fund”) and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund. (C) Extended period The grant to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year, except that grants made available from funds provided prior to fiscal year 1997 shall be available for obligation during each of the fiscal years 1997 and 1998. (D) Allotment formula Except as otherwise provided in this section, funds made available to carry out this section shall be allotted to States that have entered into an agreement pursuant to this section (other than the District of Columbia) in accordance with— (i) for each of fiscal years 1995 through 1997, a formula that is the same as the formula used to distribute public water system supervision grant funds under section 300j–2 of this title in fiscal year 1995, except that the minimum proportionate share established in the formula shall be 1 percent of available funds and the formula shall be adjusted to include a minimum proportionate share for the State of Wyoming and the District of Columbia; and (ii) for fiscal year 1998 and each subsequent fiscal year, a formula that allocates to each State the proportional share of the State needs identified in the most recent survey conducted pursuant to subsection (h), except that the minimum proportionate share provided to each State shall be the same as the minimum proportionate share provided under clause (i). (E) Reallotment The grants not obligated by the last day of the period for which the grants are available shall be reallotted according to the appropriate criteria set forth in subparagraph (D), except that the Administrator may reserve and allocate 10 percent of the remaining amount for financial assistance to Indian Tribes in addition to the amount allotted under subsection (i) and none of the funds reallotted by the Administrator shall be reallotted to any State that has not obligated all sums allotted to the State pursuant to this section during the period in which the sums were available for obligation. (F) Nonprimacy States The State allotment for a State not exercising primary enforcement responsibility for public water systems shall not be deposited in any such fund but shall be allotted by the Administrator under this subparagraph. Pursuant to section 300j–2(a)(9)(A) of this title such sums allotted under this subparagraph shall be reserved as needed by the Administrator to exercise primary enforcement responsibility under this subchapter in such State and the remainder shall be reallotted to States exercising primary enforcement responsibility for public water systems for deposit in such funds. Whenever the Administrator makes a final determination pursuant to section 300g–2(b) of this title that the requirements of section 300g–2(a) of this title are no longer being met by a State, additional grants for such State under this subchapter shall be immediately terminated by the Adm...

(a) Petition program (1) In general (A) Establishment A State may establish a program under which an owner or operator of a community water system in the State, or a municipal or local government or political subdivision of a State (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area), may submit a source water quality protection partnership petition to the State requesting that the State assist in the local development of a voluntary, incentive-based partnership, among the owner, operator, or government and other persons likely to be affected by the recommendations of the partnership, to— (i) reduce the presence in drinking water of contaminants that may be addressed by a petition by considering the origins of the contaminants, including to the maximum extent practicable the specific activities that affect the drinking water supply of a community; (ii) obtain financial or technical assistance necessary to facilitate establishment of a partnership, or to develop and implement recommendations of a partnership for the protection of source water to assist in the provision of drinking water that complies with national primary drinking water regulations with respect to contaminants addressed by a petition; and (iii) develop recommendations regarding voluntary and incentive-based strategies for the long-term protection of the source water of community water systems. (B) Funding Each State may— (i) use funds set aside pursuant to section 300j–12(k)(1)(A)(iii) of this title by the State to carry out a program described in subparagraph (A), including assistance to voluntary local partnerships for the development and implementation of partnership recommendations for the protection of source water such as source water quality assessment, contingency plans, and demonstration projects for partners within a source water area delineated under section 300j–13(a) of this title; and (ii) provide assistance in response to a petition submitted under this subsection using funds referred to in subsection (b)(2)(B). (2) Objectives The objectives of a petition submitted under this subsection shall be to— (A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of community water systems, governments, and other persons in source water areas; and (B) obtain assistance from the State in identifying resources which are available to implement the recommendations of the partnerships to address the origins of drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) that affect the drinking water supply of a community. (3) Contaminants addressed by a petition A petition submitted to a State under this subsection may address only those contaminants— (A) that are pathogenic organisms for which a national primary drinking water regulation has been established or is required under section 300g–1 of this title; or (B) for which a national primary drinking water regulation has been promulgated or proposed and that are detected by adequate monitoring methods in the source water at the intake structure or in any collection, treatment, storage, or distribution facilities by the community water systems at levels— (i) above the maximum contaminant level; or (ii) that are not reliably and consistently below the maximum contaminant level. (4) Contents A petition submitted under this subsection shall, at a minimum— (A) include a delineation of the source water area in the State that is the subject of the petition; (B) identify, to the maximum extent practicable, the origins of the drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) in the source water area deli...

(a) Definition of underserved community In this section: (1) In general The term “underserved community” means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water. (2) Inclusions The term “underserved community” includes a political subdivision of a State that either, as determined by the Administrator— (A) does not have household drinking water or wastewater services; or (B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 300g–1 of this title, including— (i) a maximum contaminant level; (ii) a treatment technique; and (iii) an action level. (b) Establishment (1) In general The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this subchapter. (2) Inclusions Projects and activities under paragraph (1) include— (A) investments necessary for the public water system to comply with the requirements of this subchapter; (B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis; (C) programs to provide household water quality testing, including testing for unregulated contaminants; (D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern; (E) investments necessary for providing accurate and current information about— (i) the need for filtration and filter safety, including proper use and maintenance practices; and (ii) the options for replacing lead service lines (as defined in section 300j–19b(a) of this title) and removing other sources of lead in water; and (F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist— (i) an eligible entity; or (ii) the State of an eligible entity, on behalf of that eligible entity. (c) Eligible entities Except for purposes of subsections (j) and (m), an eligible entity under this section— (1) is— (A) a public water system; (B) a water system that is located in an area governed by an Indian Tribe; or (C) a State, on behalf of an underserved community; and (2) serves a community— (A) that, under affordability criteria established by the State under section 300j–12(d)(3) of this title, is determined by the State— (i) to be a disadvantaged community; or (ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or (B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b). (d) Priority In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities. (e) Local participation In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located. (f) Technical, managerial, and financial capability The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program. (g) Cost sharing Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agr...

(a) Definitions In this section: (1) Eligible entity The term “eligible entity” means— (A) a community water system; (B) a water system located in an area governed by an Indian Tribe; (C) a nontransient noncommunity water system; (D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and (E) a municipality or State, interstate, or intermunicipal agency. (2) Lead reduction project (A) In general The term “lead reduction project” means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by— (i) replacement of lead service lines; (ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and (iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters. (B) Limitation The term “lead reduction project” does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line. (3) Low-income The term “low-income”, with respect to assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 300j–12(d)(3) of this title. (4) Lead service line The term “lead service line” means a pipe and its fittings, which are not lead free (as defined in section 300g–6(d) of this title), that connect the drinking water main to the building inlet. (5) Nontransient noncommunity water system The term “nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. (b) Grant program (1) Establishment The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States. (2) Precondition As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify— (A) the source of lead in the public water system that is subject to human consumption; and (B) the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system. (3) Priority application In providing grants under this subsection, the Administrator shall give priority to an eligible entity that— (A) the Administrator determines, based on affordability criteria established by the State under section 300j–12(d)(3) of this title, to be a disadvantaged community; and (B) proposes to— (i) carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under section 300g–1 of this title at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or (ii) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 300j–18(a)(1) of this title. (4) Cost sharing (A) In general Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent. (B) Waiver The Administrator may reduce or eliminate the non-Federal share under subpa...

(a) Definition of public works department or agency In this section, the term “public works department or agency” means a political subdivision of a local, county, or regional government that designs, builds, operates, and maintains water infrastructure, sewage and refuse disposal systems, and other public water systems and facilities. (b) Sense of Congress It is the sense of Congress that— (1) water and wastewater utilities provide a unique opportunity for access to stable, high-quality careers; (2) as water and wastewater utilities make critical investments in infrastructure, water and wastewater utilities can invest in the development of local workers and local small businesses to strengthen communities and ensure a strong pipeline of skilled and diverse workers for today and tomorrow; and (3) to further the goal of ensuring a strong pipeline of skilled and diverse workers in the water and wastewater utilities sector, Congress urges— (A) increased collaboration among Federal, State, Tribal, and local governments; and (B) institutions of higher education, apprentice programs, high schools, and other community-based organizations and public works departments or agencies to align water and wastewater utility workforce recruitment efforts, training programs, retention efforts, and community resources with water and wastewater utilities— (i) to accelerate career pipelines; (ii) to ensure the sustainability of the water and wastewater utility workforce; and (iii) to provide access to workforce opportunities. (c) Innovative water infrastructure workforce development program (1) Grants authorized The Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”), in consultation with the Secretary of Agriculture, shall establish a competitive grant program to assist the development and utilization of innovative activities relating to workforce development and career opportunities in the water utility sector, which may include— (A) expanding the use and availability of activities and resources that relate to the recruitment, including the promotion of diversity within that recruitment, of individuals to careers in the water and wastewater utility sector; (B) expanding the availability of training opportunities for— (i) individuals entering into the water and wastewater utility sector; and (ii) individuals seeking to advance careers within the water and wastewater utility sector; and (C) expanding the use and availability of activities and strategies, including the development of innovative activities and strategies, that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector. (2) Selection of grant recipients In awarding grants under paragraph (1), the Administrator shall, to the extent practicable, select nonprofit professional or service organizations, labor organizations, community colleges, institutions of higher education, or other training and educational institutions, or public works departments and agencies— (A) that have qualifications and experience— (i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity within recruitment, for the water and wastewater utility workforce; (ii) in the development of training programs and curricula relevant to workforce needs of water utilities; or (iii) developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector; and (B) that will address the human resources and workforce needs of water utilities that— (i) are geographically diverse; (ii) are of varying sizes; and (iii) serve urban, suburban, and rural populations. (3) Use of funds Grants awarded under paragraph (1) may be used for activities such as— (A) targeted internship, apprenticeship, pre-apprenticeship, and post-secondary bridge programs for ski...

(a) Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations (1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out public water system supervision programs. (2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State— (A) has established or will establish within one year from the date of such grant a public water system supervision program, and (B) will, within that one year, assume primary enforcement responsibility for public water systems within the State. No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State’s first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. The prohibitions contained in the preceding two sentences shall not apply to such grants when made to Indian Tribes. (3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program. (4) In each fiscal year the Administrator shall, in accordance, with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1): Provided, That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. (5) The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to a State through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the Administrator— (A) the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State; (B) the State has made significant progress toward assuming and maintaining such primary enforcement responsibility; and (C) there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979. The amount of any grant awarded for the fiscal years 1978 and 1979 pursuant to a waiver under this paragraph may not exceed 75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such primary enforcement responsibility. The remaining 25 per centum of the amount allotted to such State for such fiscal year shall be retained by the Administrator, and the Administrator may award such amount to such State at such time as the State assumes such responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by the Administrator for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the States to which such amounts were originally allotted may be removed from the original allotment and reallotted for fiscal year 1979 or 1980 (as the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year. (6) The Administrator shall notify the State of the approval or disapproval of any application for a grant under this section— (A) within ninety da...

(a) Distribution of drinking water cooler list Within 100 days after October 31, 1988, the Administrator shall distribute to the States a list of each brand and model of drinking water cooler identified and listed by the Administrator under section 300j–23(a) of this title. (b) Guidance document and testing protocol The Administrator shall publish a guidance document and a testing protocol to assist public water systems and schools in determining the source and degree of lead contamination in school drinking water supplies and in remedying such contamination. The guidance document shall include guidelines for sample preservation. The guidance document shall also include guidance to assist States, schools, public water systems, and the general public in ascertaining the levels of lead contamination in drinking water coolers and in taking appropriate action to reduce or eliminate such contamination. The guidance document shall contain a testing protocol for the identification of drinking water coolers which contribute to lead contamination in drinking water. Such document and protocol may be revised, republished and redistributed as the Administrator deems necessary. The Administrator shall distribute the guidance document and testing protocol to the States within 100 days after October 31, 1988. (c) Dissemination to schools, etc. Each State shall provide for the dissemination to local educational agencies, private nonprofit elementary or secondary schools and to day care centers of the guidance document and testing protocol published under subsection (b), together with the list of drinking water coolers published under section 300j–23(a) of this title. (d) Voluntary school and child care program lead testing and reduction 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 1003(8) of title 20. (B) Local educational agency The term “local educational agency” means— (i) a local educational agency (as defined in section 7801 of title 20); (ii) a tribal education agency (as defined in section 5502 of title 20); and (iii) a person that owns or operates a child care program facility. (2) Establishment (A) In general Not later than 180 days after December 16, 2016, the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to— (i) States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and (ii) tribal consortia to assist tribal education agencies (as defined in section 5502 of title 20), public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those tribal education agencies. (B) Direct grants to local educational agencies The Administrator may make a grant for the voluntary testing or compliance monitoring for or remediation of lead contamination described in subparagraph (A) directly available to— (i) any local educational agency described in clause (i) or (iii) of paragraph (1)(B) located in a State that does not participate in the voluntary grant program established under subparagraph (A); (ii) any local educational agency described in clause (ii) of paragraph (1)(B); (iii) any public water system that is located in a State that does not participate in the voluntary grant program ...

(a) Establishment Not later than 1 year after October 23, 2018, the Administrator shall establish a grant program to provide assistance to local educational agencies for the replacement of drinking water fountains manufactured prior to 1988. (b) Use of funds Funds awarded under the grant program— (1) shall be used to pay the costs of replacement of drinking water fountains in schools; and (2) may be used to pay the costs of monitoring and reporting of lead levels in the drinking water of schools of a local educational agency receiving such funds, as determined appropriate by the Administrator. (c) Priority In awarding funds under the grant program, the Administrator shall give priority to local educational agencies based on economic need. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2021.