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 Department of Defense housing and schools, and in military 

dependent children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get the Lead Out of 

5 Military Housing Act’’. 


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1 SEC. 2. DEPARTMENT OF DEFENSE POLICY ON LEAD TEST2 ING ON MILITARY INSTALLATIONS. 

3 (a) POLICY REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall establish a policy under which— 

6 (1) a qualified individual may access a military 

7 installation for the purpose of conducting lead test8 ing on the installation, subject to the approval of the 

9 Secretary; and 

10 (2) the results of any lead testing conducted on 

11 a military installation shall be transmitted— 

12 (A) in the case of a military installation lo13 cated inside the United States, to relevant Fed14 eral, State, and local agencies; and 

15 (B) in the case of a military installation lo16 cated outside the United States, to the Centers 

17 for Disease Control and Prevention. 

18 (b) PENALTIES.—As part of the policy established 

19 under subsection (a), the Secretary shall prescribe pen20 alties for any member of the Armed Forces— 

21 (1) who is responsible for transmitting the re22 sults of lead testing on a military installation to 

23 Federal, State, and local agencies or to the Centers 

24 for Disease Control and Prevention pursuant to the 

25 policy, and who does not so transmit such results; or 


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1 (2) who impedes or obstructs the conduct of 

2 lead testing on a military installation by a qualified 

3 individual approved to conduct such testing pursuant 

4 to the policy. 

5 (c) DEFINITIONS.—In this section: 

6 (1) The term ‘‘United States’’ has the meaning 

7 given such term section 101(a)(1) of title 10, United 

8 States Code. 

9 (2) The term ‘‘qualified individual’’ means an 

10 individual who is certified by the Environmental 

11 Protection Agency or by a State as— 

12 (A) a lead-based paint inspector; or 

13 (B) a lead-based paint risk assessor. 

14 SEC. 3. LEAD TESTING IN DEPARTMENT OF DEFENSE EDU15 CATION ACTIVITY SCHOOLS. 

16 (a) LEAD-BASED PAINT AND LEAD IN DRINKING

17 WATER.— 

18 (1) TESTING REQUIRED.—The Secretary of De19 fense shall ensure that all covered schools are tested 

20 for— 

21 (A) the presence of lead-based paint; and 

22 (B) the presence of lead in drinking water. 

23 (2) STANDARDS.—In carrying out paragraph 

24 (1), the Secretary shall ensure that tests are perVerDate Sep 11 2014 00:37 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1143.IS S1143

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1 formed in accordance with regulations of the Envi2 ronmental Protection Agency. 

3 (3) NOTIFICATION.—Not later than one day 

4 after a test carried out pursuant to this subsection 

5 detects the presence of lead-based paint in, or lead 

6 in the drinking water of, a covered school, the Sec7 retary shall notify of such result— 

8 (A) the parents or legal guardians of stu9 dents attending such covered school; and 

10 (B) the employees of such covered school. 

11 (b) LEAD MITIGATION.— 

12 (1) ACTIVITIES REQUIRED.—The Secretary 

13 shall undertake activities necessary to mitigate the 

14 presence of lead in a covered school in which lead is 

15 detected as a result of a test performed pursuant to 

16 subsection (a). 

17 (2) STANDARDS.—In carrying out paragraph 

18 (1), the Secretary shall ensure mitigation is under19 taken in accordance with regulations of the Environ20 mental Protection Agency and the Department of 

21 Housing and Urban Development. 

22 (c) TIMING.—The Secretary shall complete all actions 

23 required pursuant to subsections (a) and (b) not later than 

24 two years after the date of the enactment of this Act. 


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1 (d) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 to the congressional defense committees a report con4 taining information on activities carried out under this 

5 section, including— 

6 (1) the number of covered schools tested for 

7 lead-based paint; 

8 (2) the number of covered schools tested for 

9 lead in drinking water; 

10 (3) for each covered school at which testing was 

11 performed, the results of the testing; 

12 (4) for each covered school at which testing was 

13 not performed, an explanation for the failure to per14 form the testing; and 

15 (5) for each covered school in which lead was 

16 detected, the activities undertaken to mitigate the 

17 presence of lead. 

18 (e) COVERED SCHOOL DEFINED.—In this section, 

19 the term ‘‘covered school’’ means the following: 

20 (1) A school owned or operated by the Depart21 ment of Defense Education Activity. 

22 (2) A school with which the Secretary has en23 tered into a contract or otherwise entered into an ar24 rangement to provide educational programs under— 


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1 (A) section 2164 of title 10, United States 

2 Code; or 

3 (B) section 1402 of the Defense Depend4 ents’ Education Act of 1978 (20 U.S.C. 921). 

5 SEC. 4. PROHIBITION ON DISCOURAGING LEAD INSPEC6 TIONS IN MILITARY HOUSING. 

7 (a) IN GENERAL.—The Secretary concerned may not 

8 discourage the inspection of covered housing for lead9 based paint or sources of lead. 

10 (b) TESTING AUTHORIZED.—The Secretary con11 cerned may authorize testing for lead in covered housing 

12 when such testing is not required by Federal, State, or 

13 local regulations or laws. 

14 (c) DEFINITIONS.—In this section: 

15 (1) The term ‘‘Secretary concerned’’ has the 

16 meaning given that term in section 101(a)(9) of title 

17 10, United States Code. 

18 (2) The term ‘‘covered housing’’ means military 

19 owned and government controlled family housing 

20 and privately leased or rented housing. 

21 SEC. 5. LEAD LEVEL SCREENINGS AND TESTINGS FOR 

22 CHILDREN. 

23 (a) TRICARE.— 


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1 (1) WELL-BABY CARE.—Section 1077 of title 

2 10, United States Code, is amended by adding at 

3 the end the following new subsection: 

4 ‘‘(i)(1) Beginning January 1, 2020, in furnishing 

5 well-baby care under subsection (a)(8), the Secretary shall 

6 ensure that such care includes the following: 

7 ‘‘(A) With respect to a child who lives in hous8 ing built before 1978 at any time during the first 24 

9 months of the life of the child— 

10 ‘‘(i) the first testing of the child for the 

11 level of lead in the blood of the child at approxi12 mately the age of 12 months; and 

13 ‘‘(ii) the second such test at approximately 

14 the age of 24 months. 

15 ‘‘(B) With respect to a child not covered by 

16 subparagraph (A) whose parent or guardian, at any 

17 time during the first 24 months of the life of the 

18 child, has a military occupational specialty that the 

19 Secretary determines poses an elevated risk of lead 

20 exposure— 

21 ‘‘(i) the first testing of the child for the 

22 level of lead in the blood of the child at approxi23 mately the age of 12 months; and 

24 ‘‘(ii) the second such test at approximately 

25 the age of 24 months. 


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1 ‘‘(C) With respect to a child not covered by 

2 subparagraph (A) or (B)— 

3 ‘‘(i) the first screening of the child for an 

4 elevated risk of lead exposure at approximately 

5 the age of 12 months; and 

6 ‘‘(ii) the second such screening at approxi7 mately the age of 24 months. 

8 ‘‘(D) With respect to a child covered by sub9 paragraph (C) whose screening indicates an elevated 

10 risk of lead exposure, testing of the child for the 

11 level of lead in the blood of the child. 

12 ‘‘(2) The Secretary shall ensure that any care pro13 vided to a child pursuant to this chapter for lead poisoning 

14 shall be carried out in accordance with applicable advice 

15 from the Centers for Disease Control and Prevention. 

16 ‘‘(3)(A) With respect to a child who receives a test 

17 under paragraph (1), the Secretary shall provide the re18 sults of the test to the parent or guardian of the child. 

19 ‘‘(B) With respect to a child who receives a test under 

20 paragraph (1), the Secretary shall provide the results of 

21 the test and the address at which the child resides to— 

22 ‘‘(i) the relevant health department of the State 

23 in which the child resides if the child resides in the 

24 United States; or 


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1 ‘‘(ii) the Centers for Disease Control and Pre2 vention if the child resides outside the United 

3 States. 

4 ‘‘(C) In providing information regarding a child to 

5 a State or the Centers for Disease Control and Prevention 

6 under subparagraph (B), the Secretary may not provide 

7 any identifying information or health information of the 

8 child that is not specifically authorized in such subpara9 graph. 

10 ‘‘(D) In this paragraph, the term ‘State’ means each 

11 of the several States, the District of Columbia, the Com12 monwealth of Puerto Rico, and any territory or possession 

13 of the United States.’’. 

14 (2) CONFORMING AMENDMENT.—Subsection 

15 (a)(8) of such section is amended by striking ‘‘in16 cluding well-baby care that includes one screening of 

17 an infant for the level of lead in the blood of the in18 fant’’ and inserting ‘‘including well baby care that 

19 includes screenings and testings in accordance with 

20 subsection (i) for lead exposure and lead poisoning’’. 

21 (3) STUDY.—Not later than January 1, 2021, 

22 the Secretary of Defense shall submit to the con23 gressional defense committees a report detailing the 

24 following: 


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1 (A) The number of children who were test2 ed for the level of lead in the blood of the child 

3 pursuant to subparagraph (A) of subsection 

4 (i)(1) of section 1077 of title 10, United States 

5 Code, as added by subsection (a), and of such 

6 number, the number who were found to have 

7 elevated blood lead levels. 

8 (B) The number of children who were test9 ed for the level of lead in the blood of the child 

10 pursuant to subparagraph (B) of such sub11 section (i)(1), and of such number, the number 

12 who were found to have lead poisoning. 

13 (C) The number of children who were 

14 screened for an elevated risk of lead exposure 

15 pursuant to subparagraph (C) of such sub16 section (i)(1). 

17 (D) The number of children who were test18 ed for the level of lead in the blood of the child 

19 pursuant to subparagraph (D) of such sub20 section (i)(1), and of such number, the number 

21 who were found to have elevated blood lead lev22 els. 

23 (E) The treatment provided to children 

24 pursuant to chapter 55 of title 10, United 

25 States Code, for lead poisoning. 


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1 (4) GAO REPORT.—Not later than January 1, 

2 2022, the Comptroller General of the United States 

3 shall submit to the congressional defense committees 

4 a report on the effectiveness of screening, testing, 

5 and treating children for lead exposure and lead poi6 soning pursuant to chapter 55 of title 10, United 

7 States Code. 

8 (b) NOTIFICATION ON HOUSING.—Section 403 of 

9 title 37, United States Code, is amended by adding at the 

10 end the following new subsection: 

11 ‘‘(p) RECORDS REGARDING HOUSING AND LEAD12 BASED PAINT.—(1) The Secretary concerned shall keep 

13 a record of whether the following housing was built before, 

14 during, or after 1978: 

15 ‘‘(A) Quarters of the United States under the 

16 jurisdiction of that Secretary concerned. 

17 ‘‘(B) A housing facility under the jurisdiction of 

18 that Secretary concerned. 

19 ‘‘(C) Other housing in which a member of the 

20 uniformed service of that Secretary concerned re21 sides. 

22 ‘‘(2) As a condition of receipt of a basic allowance 

23 for housing under this section, a member of the uniformed 

24 services shall notify the Secretary concerned whether the 


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1 housing in which that member resides was built before, 

2 during, or after 1978.’’. 

3 SEC. 6. ANNUAL CERTIFICATION AND REPORTING ON 

4 LEAD-BASED PAINT IN MILITARY HOUSING. 

5 (a) ANNUAL CERTIFICATION.— 

6 (1) IN GENERAL.—Each Secretary concerned 

7 shall submit a certification in writing to the Sec8 retary of Defense and the Secretary of Housing and 

9 Urban Development indicating whether the military 

10 housing under the jurisdiction of the Secretary con11 cerned is in compliance with the requirements re12 specting lead-based paint, lead-based paint activities, 

13 and lead-based paint hazards described in section 

14 408 of the Toxic Substances Control Act (15 U.S.C. 

15 2688). 

16 (2) SUBMISSION DATES.—Each Secretary con17 cerned shall submit the certification under para18 graph (1) not later than July 31 of each year begin19 ning in 2020. 

20 (3) CONTENTS.—Each certification under para21 graph (1) shall state, with regards to the preceding 

22 calendar year— 

23 (A) the total number of military housing 

24 units under the jurisdiction of the Secretary 

25 concerned that were inspected for lead-based 


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1 paint in accordance with the requirements de2 scribed in paragraph (1); 

3 (B) the total number of military housing 

4 units that were found to contain lead-based 

5 paint in the course of inspections described in 

6 subparagraph (A); 

7 (C) any abatement efforts conducted re8 garding military housing units described in sub9 paragraph (B); and 

10 (D) the total number of military housing 

11 units under the jurisdiction of the Secretary 

12 concerned that were not inspected for lead13 based paint. 

14 (b) ANNUAL REPORTS.—Not later than August 31 

15 of each year beginning in 2020, the Secretary of Defense 

16 shall publish (including on a website of the Department 

17 of Defense) and submit to the congressional defense com18 mittees a report that sets forth the following: 

19 (1) Each military department that has failed to 

20 submit a certification required under subsection (a) 

21 with respect to the preceding calendar year. 

22 (2) A detailed summary of the data, broken 

23 down by military department, contained in the cer24 tifications under subsection (a) for such calendar 

25 year. 


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1 (c) NONCOMPLIANCE PENALTIES.—In each of fiscal 

2 years 2020 through 2023, each political appointee of a 

3 military department that has failed to certify compliance 

4 under subsection (a) for the last calendar year ending be5 fore the year in which such fiscal year begins may not 

6 receive bonus pay, excluding overtime pay, until the Sec7 retary concerned certifies such compliance. 

8 (d) DEFINITIONS.—In this section, the terms ‘‘Sec9 retary concerned’’ and ‘‘military department’’ have the 

10 meanings given those terms in section 101 of title 10, 

11 United States Code. 

Æ 


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