Get the Lead Out of Military Housing Act

II 116TH CONGRESS 1ST SESSION S. 1143 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. 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 De- partment of Defense housing and schools, and in military dependent children, 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. SHORT TITLE. 3 This Act may be cited as the ‘‘Get the Lead Out of 4 Military Housing Act’’. 5 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 2 •S 1143 IS SEC. 2. DEPARTMENT OF DEFENSE POLICY ON LEAD TEST- 1 ING ON MILITARY INSTALLATIONS. 2 (a) POLICY REQUIRED.—Not later than 180 days 3 after the date of the enactment of this Act, the Secretary 4 of Defense shall establish a policy under which— 5 (1) a qualified individual may access a military 6 installation for the purpose of conducting lead test- 7 ing on the installation, subject to the approval of the 8 Secretary; and 9 (2) the results of any lead testing conducted on 10 a military installation shall be transmitted— 11 (A) in the case of a military installation lo- 12 cated inside the United States, to relevant Fed- 13 eral, State, and local agencies; and 14 (B) in the case of a military installation lo- 15 cated outside the United States, to the Centers 16 for Disease Control and Prevention. 17 (b) PENALTIES.—As part of the policy established 18 under subsection (a), the Secretary shall prescribe pen- 19 alties for any member of the Armed Forces— 20 (1) who is responsible for transmitting the re- 21 sults of lead testing on a military installation to 22 Federal, State, and local agencies or to the Centers 23 for Disease Control and Prevention pursuant to the 24 policy, and who does not so transmit such results; or 25 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 3 •S 1143 IS (2) who impedes or obstructs the conduct of 1 lead testing on a military installation by a qualified 2 individual approved to conduct such testing pursuant 3 to the policy. 4 (c) DEFINITIONS.—In this section: 5 (1) The term ‘‘United States’’ has the meaning 6 given such term section 101(a)(1) of title 10, United 7 States Code. 8 (2) The term ‘‘qualified individual’’ means an 9 individual who is certified by the Environmental 10 Protection Agency or by a State as— 11 (A) a lead-based paint inspector; or 12 (B) a lead-based paint risk assessor. 13 SEC. 3. LEAD TESTING IN DEPARTMENT OF DEFENSE EDU- 14 CATION ACTIVITY SCHOOLS. 15 (a) LEAD-BASED PAINT AND LEAD IN DRINKING 16 WATER.— 17 (1) TESTING REQUIRED.—The Secretary of De- 18 fense shall ensure that all covered schools are tested 19 for— 20 (A) the presence of lead-based paint; and 21 (B) the presence of lead in drinking water. 22 (2) STANDARDS.—In carrying out paragraph 23 (1), the Secretary shall ensure that tests are per- 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 4 •S 1143 IS formed in accordance with regulations of the Envi- 1 ronmental Protection Agency. 2 (3) NOTIFICATION.—Not later than one day 3 after a test carried out pursuant to this subsection 4 detects the presence of lead-based paint in, or lead 5 in the drinking water of, a covered school, the Sec- 6 retary shall notify of such result— 7 (A) the parents or legal guardians of stu- 8 dents attending such covered school; and 9 (B) the employees of such covered school. 10 (b) LEAD MITIGATION.— 11 (1) ACTIVITIES REQUIRED.—The Secretary 12 shall undertake activities necessary to mitigate the 13 presence of lead in a covered school in which lead is 14 detected as a result of a test performed pursuant to 15 subsection (a). 16 (2) STANDARDS.—In carrying out paragraph 17 (1), the Secretary shall ensure mitigation is under- 18 taken in accordance with regulations of the Environ- 19 mental Protection Agency and the Department of 20 Housing and Urban Development. 21 (c) TIMING.—The Secretary shall complete all actions 22 required pursuant to subsections (a) and (b) not later than 23 two years after the date of the enactment of this Act. 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 5 •S 1143 IS (d) REPORT.—Not later than one year after the date 1 of the enactment of this Act, the Secretary shall submit 2 to the congressional defense committees a report con- 3 taining information on activities carried out under this 4 section, including— 5 (1) the number of covered schools tested for 6 lead-based paint; 7 (2) the number of covered schools tested for 8 lead in drinking water; 9 (3) for each covered school at which testing was 10 performed, the results of the testing; 11 (4) for each covered school at which testing was 12 not performed, an explanation for the failure to per- 13 form the testing; and 14 (5) for each covered school in which lead was 15 detected, the activities undertaken to mitigate the 16 presence of lead. 17 (e) COVERED SCHOOL DEFINED.—In this section, 18 the term ‘‘covered school’’ means the following: 19 (1) A school owned or operated by the Depart- 20 ment of Defense Education Activity. 21 (2) A school with which the Secretary has en- 22 tered into a contract or otherwise entered into an ar- 23 rangement to provide educational programs under— 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 6 •S 1143 IS (A) section 2164 of title 10, United States 1 Code; or 2 (B) section 1402 of the Defense Depend- 3 ents’ Education Act of 1978 (20 U.S.C. 921). 4 SEC. 4. PROHIBITION ON DISCOURAGING LEAD INSPEC- 5 TIONS IN MILITARY HOUSING. 6 (a) IN GENERAL.—The Secretary concerned may not 7 discourage the inspection of covered housing for lead- 8 based paint or sources of lead. 9 (b) TESTING AUTHORIZED.—The Secretary con- 10 cerned may authorize testing for lead in covered housing 11 when such testing is not required by Federal, State, or 12 local regulations or laws. 13 (c) DEFINITIONS.—In this section: 14 (1) The term ‘‘Secretary concerned’’ has the 15 meaning given that term in section 101(a)(9) of title 16 10, United States Code. 17 (2) The term ‘‘covered housing’’ means military 18 owned and government controlled family housing 19 and privately leased or rented housing. 20 SEC. 5. LEAD LEVEL SCREENINGS AND TESTINGS FOR 21 CHILDREN. 22 (a) TRICARE.— 23 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 7 •S 1143 IS (1) WELL-BABY CARE.—Section 1077 of title 1 10, United States Code, is amended by adding at 2 the end the following new subsection: 3 ‘‘(i)(1) Beginning January 1, 2020, in furnishing 4 well-baby care under subsection (a)(8), the Secretary shall 5 ensure that such care includes the following: 6 ‘‘(A) With respect to a child who lives in hous- 7 ing built before 1978 at any time during the first 24 8 months of the life of the child— 9 ‘‘(i) the first testing of the child for the 10 level of lead in the blood of the child at approxi- 11 mately the age of 12 months; and 12 ‘‘(ii) the second such test at approximately 13 the age of 24 months. 14 ‘‘(B) With respect to a child not covered by 15 subparagraph (A) whose parent or guardian, at any 16 time during the first 24 months of the life of the 17 child, has a military occupational specialty that the 18 Secretary determines poses an elevated risk of lead 19 exposure— 20 ‘‘(i) the first testing of the child for the 21 level of lead in the blood of the child at approxi- 22 mately the age of 12 months; and 23 ‘‘(ii) the second such test at approximately 24 the age of 24 months. 25 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 8 •S 1143 IS ‘‘(C) With respect to a child not covered by 1 subparagraph (A) or (B)— 2 ‘‘(i) the first screening of the child for an 3 elevated risk of lead exposure at approximately 4 the age of 12 months; and 5 ‘‘(ii) the second such screening at approxi- 6 mately the age of 24 months. 7 ‘‘(D) With respect to a child covered by sub- 8 paragraph (C) whose screening indicates an elevated 9 risk of lead exposure, testing of the child for the 10 level of lead in the blood of the child. 11 ‘‘(2) The Secretary shall ensure that any care pro- 12 vided to a child pursuant to this chapter for lead poisoning 13 shall be carried out in accordance with applicable advice 14 from the Centers for Disease Control and Prevention. 15 ‘‘(3)(A) With respect to a child who receives a test 16 under paragraph (1), the Secretary shall provide the re- 17 sults of the test to the parent or guardian of the child. 18 ‘‘(B) With respect to a child who receives a test under 19 paragraph (1), the Secretary shall provide the results of 20 the test and the address at which the child resides to— 21 ‘‘(i) the relevant health department of the State 22 in which the child resides if the child resides in the 23 United States; or 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 9 •S 1143 IS ‘‘(ii) the Centers for Disease Control and Pre- 1 vention if the child resides outside the United 2 States. 3 ‘‘(C) In providing information regarding a child to 4 a State or the Centers for Disease Control and Prevention 5 under subparagraph (B), the Secretary may not provide 6 any identifying information or health information of the 7 child that is not specifically authorized in such subpara- 8 graph. 9 ‘‘(D) In this paragraph, the term ‘State’ means each 10 of the several States, the District of Columbia, the Com- 11 monwealth of Puerto Rico, and any territory or possession 12 of the United States.’’. 13 (2) CONFORMING AMENDMENT.—Subsection 14 (a)(8) of such section is amended by striking ‘‘in- 15 cluding well-baby care that includes one screening of 16 an infant for the level of lead in the blood of the in- 17 fant’’ and inserting ‘‘including well baby care that 18 includes screenings and testings in accordance with 19 subsection (i) for lead exposure and lead poisoning’’. 20 (3) STUDY.—Not later than January 1, 2021, 21 the Secretary of Defense shall submit to the con- 22 gressional defense committees a report detailing the 23 following: 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 10 •S 1143 IS (A) The number of children who were test- 1 ed for the level of lead in the blood of the child 2 pursuant to subparagraph (A) of subsection 3 (i)(1) of section 1077 of title 10, United States 4 Code, as added by subsection (a), and of such 5 number, the number who were found to have 6 elevated blood lead levels. 7 (B) The number of children who were test- 8 ed for the level of lead in the blood of the child 9 pursuant to subparagraph (B) of such sub- 10 section (i)(1), and of such number, the number 11 who were found to have lead poisoning. 12 (C) The number of children who were 13 screened for an elevated risk of lead exposure 14 pursuant to subparagraph (C) of such sub- 15 section (i)(1). 16 (D) The number of children who were test- 17 ed for the level of lead in the blood of the child 18 pursuant to subparagraph (D) of such sub- 19 section (i)(1), and of such number, the number 20 who were found to have elevated blood lead lev- 21 els. 22 (E) The treatment provided to children 23 pursuant to chapter 55 of title 10, United 24 States Code, for lead poisoning. 25 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 11 •S 1143 IS (4) GAO REPORT.—Not later than January 1, 1 2022, the Comptroller General of the United States 2 shall submit to the congressional defense committees 3 a report on the effectiveness of screening, testing, 4 and treating children for lead exposure and lead poi- 5 soning pursuant to chapter 55 of title 10, United 6 States Code. 7 (b) NOTIFICATION ON HOUSING.—Section 403 of 8 title 37, United States Code, is amended by adding at the 9 end the following new subsection: 10 ‘‘(p) RECORDS REGARDING HOUSING AND LEAD- 11 BASED PAINT.—(1) The Secretary concerned shall keep 12 a record of whether the following housing was built before, 13 during, or after 1978: 14 ‘‘(A) Quarters of the United States under the 15 jurisdiction of that Secretary concerned. 16 ‘‘(B) A housing facility under the jurisdiction of 17 that Secretary concerned. 18 ‘‘(C) Other housing in which a member of the 19 uniformed service of that Secretary concerned re- 20 sides. 21 ‘‘(2) As a condition of receipt of a basic allowance 22 for housing under this section, a member of the uniformed 23 services shall notify the Secretary concerned whether the 24 VerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143 kjohnson on DSK79L0C42 with BILLS 12 •S 1143 IS housing in which that member resides was built before, 1 during, or after 1978.’’. 2 SEC. 6. ANNUAL CERTIFICATION AND REPORTING ON 3 LEAD-BASED PAINT IN MILITARY HOUSING. 4 (a) ANNUAL CERTIFICATION.— 5 (1) IN GENERAL.—Each Secretary concerned 6 shall submit a certification in writing to the Sec- 7 retary of Defense and the Secretary of Housing and 8 Urban Development indicating whether the military 9 housing under the jurisdiction of the Secretary con- 10 cerned is in compliance with the requirements re- 11 specting lead-based paint, lead-based paint activities, 12 and lead-based paint hazards described in section 13 408 of the Toxic Substances Control Act (15 U.S.C. 14 2688). 15 (2) SUBMISSION DATES.—Each Secretary con- 16 cerned shall submit the certification under para- 17 graph (1) not later than July 31 of each year begin- 18 ning in 2020. 19 (3) CONTENTS.—Each certification under para- 20 graph (1) shall state, with regards to the preceding 21 calend [Text truncated for display. Full text available on Congress.gov.]