To require lead testing in Department of Defense Education Activity schools, and for other purposes.

I 116TH CONGRESS 1ST SESSION H. R. 2257 To require lead testing in Department of Defense Education Activity schools, 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, and in addition to the Committee on Education and Labor, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require lead testing in Department of Defense Education Activity schools, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. LEAD TESTING IN DEPARTMENT OF DEFENSE 3 EDUCATION ACTIVITY SCHOOLS. 4 (a) LEAD-BASED PAINT AND LEAD IN DRINKING 5 WATER.— 6 (1) TESTING REQUIRED.—The Secretary of De- 7 fense shall ensure that all covered schools are tested 8 for— 9 VerDate Sep 11 2014 01:24 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 kjohnson on DSK79L0C42 with BILLS 2 •HR 2257 IH (A) the presence of lead-based paint; and 1 (B) the presence of lead in drinking water. 2 (2) STANDARDS.—In carrying out paragraph 3 (1), the Secretary shall ensure that tests are per- 4 formed in accordance with the guidance document 5 and testing protocol published by the Administrator 6 of the Environmental Protection Agency under sec- 7 tion 1464(b) of the Safe Drinking Water Act (42 8 U.S.C. 300j–24(b)). 9 (3) NOTIFICATION.—Not later than one day 10 after a test is carried out pursuant to this sub- 11 section in a covered school, the Secretary shall notify 12 of the results of the test— 13 (A) the parents or legal guardians of stu- 14 dents attending such covered school; and 15 (B) the employees of such covered school. 16 (b) LEAD MITIGATION.— 17 (1) ACTIVITIES REQUIRED.—The Secretary 18 shall undertake activities necessary to mitigate the 19 presence of lead in a covered school in which lead is 20 detected as a result of a test performed pursuant to 21 subsection (a). 22 (2) STANDARDS.—In carrying out paragraph 23 (1), the Secretary shall ensure mitigation is under- 24 taken in accordance with the requirements of De- 25 VerDate Sep 11 2014 01:24 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 kjohnson on DSK79L0C42 with BILLS 3 •HR 2257 IH partment of Defense Education Activity Administra- 1 tive Instruction 6055.01 (or successor instruction). 2 (c) TIMING.—The Secretary shall— 3 (1) commence all actions required pursuant to 4 subsection (a) not later than 30 days after the date 5 of the enactment of this Act; and 6 (2) complete all actions required pursuant to 7 subsections (a) and (b) not later than two years 8 after the date of the enactment of this Act. 9 (d) REPORT.—Not later than one year after the date 10 of the enactment of this Act, the Secretary shall submit 11 to the congressional defense committees a report con- 12 taining information on activities carried out under this 13 section, including— 14 (1) the number of covered schools tested for 15 lead-based paint; 16 (2) the number of covered schools tested for 17 lead in drinking water; 18 (3) for each covered school at which testing was 19 performed, the results of the testing; 20 (4) for each covered school at which testing was 21 not performed, an explanation for the failure to per- 22 form the testing; and 23 VerDate Sep 11 2014 01:24 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 kjohnson on DSK79L0C42 with BILLS 4 •HR 2257 IH (5) for each covered school in which lead was 1 detected, the activities undertaken to mitigate the 2 presence of lead. 3 (e) DEFINITIONS.—In this section: 4 (1) The term ‘‘congressional defense commit- 5 tees’’ has the meaning given that term in section 6 101(a) of title 10, United States Code. 7 (2) The term ‘‘covered school’’ means— 8 (A) a school owned or operated by the De- 9 partment of Defense Education Activity; or 10 (B) a school with which the Secretary has 11 entered into a contract or otherwise entered 12 into an arrangement to provide educational pro- 13 grams under— 14 (i) section 2164 of title 10, United 15 States Code; or 16 (ii) section 1402 of the Defense De- 17 pendents’ Education Act of 1978 (20 18 U.S.C. 921). 19 Æ VerDate Sep 11 2014 01:24 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2257.IH H2257 kjohnson on DSK79L0C42 with BILLS