II
116th CONGRESS
1st Session
S. 1143
IN THE SENATE OF THE UNITED STATES
April 11, 2019
Ms. Duckworth (for herself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to improve testing and inspections for lead on military installations, in Department of Defense housing and schools, and in military dependent children, and for other purposes.
Short title
This Act may be cited as the Get the Lead Out of Military Housing Act
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Department of Defense policy on lead testing on military installations
Policy required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a policy under which—
a qualified individual may access a military installation for the purpose of conducting lead testing on the installation, subject to the approval of the Secretary; and
the results of any lead testing conducted on a military installation shall be transmitted—
in the case of a military installation located inside the United States, to relevant Federal, State, and local agencies; and
in the case of a military installation located outside the United States, to the Centers for Disease Control and Prevention.
Penalties
As part of the policy established under subsection (a), the Secretary shall prescribe penalties for any member of the Armed Forces—
who is responsible for transmitting the results of lead testing on a military installation to Federal, State, and local agencies or to the Centers for Disease Control and Prevention pursuant to the policy, and who does not so transmit such results; or
who impedes or obstructs the conduct of lead testing on a military installation by a qualified individual approved to conduct such testing pursuant to the policy.
Definitions
In this section:
The term United States
has the meaning given such term section 101(a)(1) of title 10, United States Code.
The term qualified individual
means an individual who is certified by the Environmental Protection Agency or by a State as—
a lead-based paint inspector; or
a lead-based paint risk assessor.
Lead testing in Department of Defense Education Activity schools
Lead-Based paint and lead in drinking water
Testing required
The Secretary of Defense shall ensure that all covered schools are tested for—
the presence of lead-based paint; and
the presence of lead in drinking water.
Standards
In carrying out paragraph (1), the Secretary shall ensure that tests are performed in accordance with regulations of the Environmental Protection Agency.
Notification
Not later than one day after a test carried out pursuant to this subsection detects the presence of lead-based paint in, or lead in the drinking water of, a covered school, the Secretary shall notify of such result—
the parents or legal guardians of students attending such covered school; and
the employees of such covered school.
Lead mitigation
Activities required
The Secretary shall undertake activities necessary to mitigate the presence of lead in a covered school in which lead is detected as a result of a test performed pursuant to subsection (a).
Standards
In carrying out paragraph (1), the Secretary shall ensure mitigation is undertaken in accordance with regulations of the Environmental Protection Agency and the Department of Housing and Urban Development.
Timing
The Secretary shall complete all actions required pursuant to subsections (a) and (b) not later than two years after the date of the enactment of this Act.
Report
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing information on activities carried out under this section, including—
the number of covered schools tested for lead-based paint;
the number of covered schools tested for lead in drinking water;
for each covered school at which testing was performed, the results of the testing;
for each covered school at which testing was not performed, an explanation for the failure to perform the testing; and
for each covered school in which lead was detected, the activities undertaken to mitigate the presence of lead.
Covered school defined
In this section, the term covered school means the following:
A school owned or operated by the Department of Defense Education Activity.
A school with which the Secretary has entered into a contract or otherwise entered into an arrangement to provide educational programs under—
section 2164 of title 10, United States Code; or
section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921).
Prohibition on discouraging lead inspections in military housing
In general
The Secretary concerned may not discourage the inspection of covered housing for lead-based paint or sources of lead.
Testing authorized
The Secretary concerned may authorize testing for lead in covered housing when such testing is not required by Federal, State, or local regulations or laws.
Definitions
In this section:
The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.
The term covered housing
means military owned and government controlled family housing and privately leased or rented housing.
Lead level screenings and testings for children
TRICARE
Well-baby care
Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:
Beginning January 1, 2020, in furnishing well-baby care under subsection (a)(8), the Secretary shall ensure that such care includes the following:
With respect to a child who lives in housing built before 1978 at any time during the first 24 months of the life of the child—
the first testing of the child for the level of lead in the blood of the child at approximately the age of 12 months; and
the second such test at approximately the age of 24 months.
With respect to a child not covered by subparagraph (A) whose parent or guardian, at any time during the first 24 months of the life of the child, has a military occupational specialty that the Secretary determines poses an elevated risk of lead exposure—
the first testing of the child for the level of lead in the blood of the child at approximately the age of 12 months; and
the second such test at approximately the age of 24 months.
With respect to a child not covered by subparagraph (A) or (B)—
the first screening of the child for an elevated risk of lead exposure at approximately the age of 12 months; and
the second such screening at approximately the age of 24 months.
With respect to a child covered by subparagraph (C) whose screening indicates an elevated risk of lead exposure, testing of the child for the level of lead in the blood of the child.
The Secretary shall ensure that any care provided to a child pursuant to this chapter for lead poisoning shall be carried out in accordance with applicable advice from the Centers for Disease Control and Prevention.
With respect to a child who receives a test under paragraph (1), the Secretary shall provide the results of the test to the parent or guardian of the child.
With respect to a child who receives a test under paragraph (1), the Secretary shall provide the results of the test and the address at which the child resides to—
the relevant health department of the State in which the child resides if the child resides in the United States; or
the Centers for Disease Control and Prevention if the child resides outside the United States.
In providing information regarding a child to a State or the Centers for Disease Control and Prevention under subparagraph (B), the Secretary may not provide any identifying information or health information of the child that is not specifically authorized in such subparagraph.
In this paragraph, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
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Conforming amendment
Subsection (a)(8) of such section is amended by striking including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant
and inserting including well baby care that includes screenings and testings in accordance with subsection (i) for lead exposure and lead poisoning
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Study
Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report detailing the following:
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (A) of subsection (i)(1) of section 1077 of title 10, United States Code, as added by subsection (a), and of such number, the number who were found to have elevated blood lead levels.
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (B) of such subsection (i)(1), and of such number, the number who were found to have lead poisoning.
The number of children who were screened for an elevated risk of lead exposure pursuant to subparagraph (C) of such subsection (i)(1).
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (D) of such subsection (i)(1), and of such number, the number who were found to have elevated blood lead levels.
The treatment provided to children pursuant to chapter 55 of title 10, United States Code, for lead poisoning.
GAO Report
Not later than January 1, 2022, the Comptroller General of the United States shall submit to the congressional defense committees a report on the effectiveness of screening, testing, and treating children for lead exposure and lead poisoning pursuant to chapter 55 of title 10, United States Code.
Notification on housing
Section 403 of title 37, United States Code, is amended by adding at the end the following new subsection:
Records regarding housing and lead-Based paint
The Secretary concerned shall keep a record of whether the following housing was built before, during, or after 1978:
Quarters of the United States under the jurisdiction of that Secretary concerned.
A housing facility under the jurisdiction of that Secretary concerned.
Other housing in which a member of the uniformed service of that Secretary concerned resides.
As a condition of receipt of a basic allowance for housing under this section, a member of the uniformed services shall notify the Secretary concerned whether the housing in which that member resides was built before, during, or after 1978.
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Annual certification and reporting on lead-based paint in military housing
Annual certification
In general
Each Secretary concerned shall submit a certification in writing to the Secretary of Defense and the Secretary of Housing and Urban Development indicating whether the military housing under the jurisdiction of the Secretary concerned is in compliance with the requirements respecting lead-based paint, lead-based paint activities, and lead-based paint hazards described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).
Submission dates
Each Secretary concerned shall submit the certification under paragraph (1) not later than July 31 of each year beginning in 2020.
Contents
Each certification under paragraph (1) shall state, with regards to the preceding calendar year—
the total number of military housing units under the jurisdiction of the Secretary concerned that were inspected for lead-based paint in accordance with the requirements described in paragraph (1);
the total number of military housing units that were found to contain lead-based paint in the course of inspections described in subparagraph (A);
any abatement efforts conducted regarding military housing units described in subparagraph (B); and
the total number of military housing units under the jurisdiction of the Secretary concerned that were not inspected for lead-based paint.
Annual reports
Not later than August 31 of each year beginning in 2020, the Secretary of Defense shall publish (including on a website of the Department of Defense) and submit to the congressional defense committees a report that sets forth the following:
Each military department that has failed to submit a certification required under subsection (a) with respect to the preceding calendar year.
A detailed summary of the data, broken down by military department, contained in the certifications under subsection (a) for such calendar year.
Noncompliance penalties
In each of fiscal years 2020 through 2023, each political appointee of a military department that has failed to certify compliance under subsection (a) for the last calendar year ending before the year in which such fiscal year begins may not receive bonus pay, excluding overtime pay, until the Secretary concerned certifies such compliance.
Definitions
In this section, the terms Secretary concerned
and military department
have the meanings given those terms in section 101 of title 10, United States Code.