Federal
To amend titles 10 and 37, United States Code, to ensure that children covered by the TRICARE program are screened and tested for lead levels, and for other purposes.
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I
116TH CONGRESS
1ST SESSION H. R. 2254
To amend titles 10 and 37, United States Code, to ensure that children
covered by the TRICARE program are screened and tested for lead
levels, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 2019
Mr. KILDEE (for himself and Ms. SPEIER) introduced the following bill; which
was referred to the Committee on Armed Services
A BILL
To amend titles 10 and 37, United States Code, to ensure
that children covered by the TRICARE program are
screened and tested for lead levels, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. LEAD LEVEL SCREENINGS AND TESTINGS FOR
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CHILDREN.
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(a) TRICARE.—
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(1) WELL-BABY CARE.—Section 1077 of title
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10, United States Code, is amended by adding at
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the end the following new subsection:
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‘‘(i)(1) Beginning January 1, 2019, in furnishing
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well-baby care under subsection (a)(8), the Secretary shall
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ensure that such care includes the following:
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‘‘(A) With respect to a child who lives in hous-
4
ing built before 1978 at any time during the first 24
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months of the life of the child—
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‘‘(i) the first testing of the child for the
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level of lead in the blood of the child at approxi-
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mately the age of 12 months; and
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‘‘(ii) the second such test at approximately
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the age of 24 months.
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‘‘(B) With respect to a child not covered by
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subparagraph (A) whose parent or guardian, at any
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time during the first 24 months of the life of the
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child, has a military occupational specialty that the
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Secretary determines poses an elevated risk of lead
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exposure—
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‘‘(i) the first testing of the child for the
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level of lead in the blood of the child at approxi-
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mately the age of 12 months; and
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‘‘(ii) the second such test at approximately
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the age of 24 months.
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‘‘(C) With respect to a child not covered by
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subparagraph (A) or (B)—
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‘‘(i) the first screening of the child for an
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elevated risk of lead exposure at approximately
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the age of 12 months; and
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‘‘(ii) the second such screening at approxi-
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mately the age of 24 months.
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‘‘(D) With respect to a child covered by sub-
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paragraph (C) whose screening indicates an elevated
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risk of lead exposure, testing of the child for the
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level of lead in the blood of the child.
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‘‘(2) The Secretary shall ensure that any care pro-
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vided to a child pursuant to this chapter for lead poisoning
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shall be carried out in accordance with applicable advice
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from the Centers for Disease Control and Prevention.
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‘‘(3)(A) With respect to a child who receives a test
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under paragraph (1), the Secretary shall provide the re-
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sults of the test to the parent or guardian of the child.
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‘‘(B) With respect to a child who receives a test under
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paragraph (1), the Secretary shall provide the results of
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the test and the address at which the child resides to—
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‘‘(i) the relevant health department of the State
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in which the child resides if the child resides in the
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United States; or
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‘‘(ii) the Centers for Disease Control and Pre-
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vention if the child resides outside the United
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States.
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‘‘(C) In providing information regarding a child to
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a State or the Centers for Disease Control and Prevention
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under subparagraph (B), the Secretary may not provide
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any identifying information or health information of the
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child that is not specifically authorized in such subpara-
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graph.
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‘‘(D) In this paragraph, the term ‘State’ means each
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of the several States, the District of Columbia, the Com-
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monwealth of Puerto Rico, and any territory or possession
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of the United States.’’.
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(2)
CONFORMING
AMENDMENT.—Subsection
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(a)(8) of such section is amended by striking ‘‘in-
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cluding well-baby care that includes one screening of
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an infant for the level of lead in the blood of the in-
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fant’’ and inserting ‘‘including, in accordance with
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subsection (i), well-baby care that includes screen-
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ings and testings for lead exposure and lead poi-
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soning’’.
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(3) STUDY.—Not later than January 1, 2020,
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the Secretary of Defense shall submit to the con-
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gressional defense committees (as defined by section
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101(a)(16) of title 10, United States Code) a report
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detailing the following:
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(A) The number of children who were test-
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ed for the level of lead in the blood of the child
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pursuant to subparagraph (A) of subsection
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(i)(1) of section 1077 of title 10, United States
2
Code, as added by subsection (a), and of such
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number, the number who were found to have
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elevated blood lead levels.
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(B) The number of children who were test-
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ed for the level of lead in the blood of the child
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pursuant to subparagraph (B) of such sub-
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section (i)(1), and of such number, the number
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who were found to have lead poisoning.
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(C) The number of children who were
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screened for an elevated risk of lead exposure
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pursuant to subparagraph (C) of such sub-
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section (i)(1).
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(D) The number of children who were test-
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ed the level of lead in the blood of the child
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pursuant to subparagraph (D) of such sub-
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section, and of such number, the number who
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were found to have elevated blood lead levels.
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(E) The treatment provided to children
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pursuant to chapter 55 of title 10, United
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States Code, for lead poisoning.
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(4) GAO REPORT.—Not later than January 1,
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2021, the Comptroller General of the United States
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shall submit to the congressional defense committees
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a report on the effectiveness of screening, testing,
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and treating children for lead exposure and lead poi-
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soning pursuant to chapter 55 of title 10, United
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States Code.
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(b) NOTIFICATION
OF HOUSING.—Section 403 of
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title 37, United States Code, is amended by adding at the
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end the following new subsection:
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‘‘(p) RECORDS REGARDING HOUSING
AND LEAD-
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BASED PAINT.—(1) The Secretary concerned shall keep
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a record of whether the following housing was built before,
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during, or after 1978:
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‘‘(A) Quarters of the United States under the
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jurisdiction of that Secretary concerned.
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‘‘(B) A housing facility under the jurisdiction of
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that Secretary concerned.
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‘‘(C) Other housing in which a member of the
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uniformed service of that Secretary concerned re-
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sides.
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‘‘(2) As a condition of receipt of a basic allowance
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for housing under this section, a member of the uniformed
20
services shall notify the Secretary concerned whether the
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housing in which that member resides was built before,
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during, or after 1978.’’.
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Æ
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