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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1143 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Get the Lead Out of Military Housing 
Act''.

SEC. 2. DEPARTMENT OF DEFENSE POLICY ON LEAD TESTING ON MILITARY 
              INSTALLATIONS.

    (a) 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--
            (1) 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
            (2) the results of any lead testing conducted on a military 
        installation shall be transmitted--
                    (A) in the case of a military installation located 
                inside the United States, to relevant Federal, State, 
                and local agencies; and
                    (B) in the case of a military installation located 
                outside the United States, to the Centers for Disease 
                Control and Prevention.
    (b) Penalties.--As part of the policy established under subsection 
(a), the Secretary shall prescribe penalties for any member of the 
Armed Forces--
            (1) 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
            (2) 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.
    (c) Definitions.--In this section:
            (1) The term ``United States'' has the meaning given such 
        term section 101(a)(1) of title 10, United States Code.
            (2) The term ``qualified individual'' means an individual 
        who is certified by the Environmental Protection Agency or by a 
        State as--
                    (A) a lead-based paint inspector; or
                    (B) a lead-based paint risk assessor.

SEC. 3. LEAD TESTING IN DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 
              SCHOOLS.

    (a) Lead-Based Paint and Lead in Drinking Water.--
            (1) Testing required.--The Secretary of Defense shall 
        ensure that all covered schools are tested for--
                    (A) the presence of lead-based paint; and
                    (B) the presence of lead in drinking water.
            (2) Standards.--In carrying out paragraph (1), the 
        Secretary shall ensure that tests are performed in accordance 
        with regulations of the Environmental Protection Agency.
            (3) 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--
                    (A) the parents or legal guardians of students 
                attending such covered school; and
                    (B) the employees of such covered school.
    (b) Lead Mitigation.--
            (1) 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).
            (2) 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.
    (c) 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.
    (d) 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--
            (1) the number of covered schools tested for lead-based 
        paint;
            (2) the number of covered schools tested for lead in 
        drinking water;
            (3) for each covered school at which testing was performed, 
        the results of the testing;
            (4) for each covered school at which testing was not 
        performed, an explanation for the failure to perform the 
        testing; and
            (5) for each covered school in which lead was detected, the 
        activities undertaken to mitigate the presence of lead.
    (e) Covered School Defined.--In this section, the term ``covered 
school'' means the following:
            (1) A school owned or operated by the Department of Defense 
        Education Activity.
            (2) A school with which the Secretary has entered into a 
        contract or otherwise entered into an arrangement to provide 
        educational programs under--
                    (A) section 2164 of title 10, United States Code; 
                or
                    (B) section 1402 of the Defense Dependents' 
                Education Act of 1978 (20 U.S.C. 921).

SEC. 4. PROHIBITION ON DISCOURAGING LEAD INSPECTIONS IN MILITARY 
              HOUSING.

    (a) In General.--The Secretary concerned may not discourage the 
inspection of covered housing for lead-based paint or sources of lead.
    (b) 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.
    (c) Definitions.--In this section:
            (1) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(a)(9) of title 10, United States Code.
            (2) The term ``covered housing'' means military owned and 
        government controlled family housing and privately leased or 
        rented housing.

SEC. 5. LEAD LEVEL SCREENINGS AND TESTINGS FOR CHILDREN.

    (a) TRICARE.--
            (1) Well-baby care.--Section 1077 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(i)(1) Beginning January 1, 2020, in furnishing well-baby care 
under subsection (a)(8), the Secretary shall ensure that such care 
includes the following:
            ``(A) 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--
                    ``(i) 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
                    ``(ii) the second such test at approximately the 
                age of 24 months.
            ``(B) 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--
                    ``(i) 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
                    ``(ii) the second such test at approximately the 
                age of 24 months.
            ``(C) With respect to a child not covered by subparagraph 
        (A) or (B)--
                    ``(i) the first screening of the child for an 
                elevated risk of lead exposure at approximately the age 
                of 12 months; and
                    ``(ii) the second such screening at approximately 
                the age of 24 months.
            ``(D) 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.
    ``(2) 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.
    ``(3)(A) 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.
    ``(B) 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--
            ``(i) the relevant health department of the State in which 
        the child resides if the child resides in the United States; or
            ``(ii) the Centers for Disease Control and Prevention if 
        the child resides outside the United States.
    ``(C) 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.
    ``(D) 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.''.
            (2) 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''.
            (3) Study.--Not later than January 1, 2021, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report detailing the following:
                    (A) 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.
                    (B) 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.
                    (C) The number of children who were screened for an 
                elevated risk of lead exposure pursuant to subparagraph 
                (C) of such subsection (i)(1).
                    (D) 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.
                    (E) The treatment provided to children pursuant to 
                chapter 55 of title 10, United States Code, for lead 
                poisoning.
            (4) 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.
    (b) Notification on Housing.--Section 403 of title 37, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(p) Records Regarding Housing and Lead-Based Paint.--(1) The 
Secretary concerned shall keep a record of whether the following 
housing was built before, during, or after 1978:
            ``(A) Quarters of the United States under the jurisdiction 
        of that Secretary concerned.
            ``(B) A housing facility under the jurisdiction of that 
        Secretary concerned.
            ``(C) Other housing in which a member of the uniformed 
        service of that Secretary concerned resides.
    ``(2) 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.''.

SEC. 6. ANNUAL CERTIFICATION AND REPORTING ON LEAD-BASED PAINT IN 
              MILITARY HOUSING.

    (a) Annual Certification.--
            (1) 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).
            (2) Submission dates.--Each Secretary concerned shall 
        submit the certification under paragraph (1) not later than 
        July 31 of each year beginning in 2020.
            (3) Contents.--Each certification under paragraph (1) shall 
        state, with regards to the preceding calendar year--
                    (A) 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);
                    (B) the total number of military housing units that 
                were found to contain lead-based paint in the course of 
                inspections described in subparagraph (A);
                    (C) any abatement efforts conducted regarding 
                military housing units described in subparagraph (B); 
                and
                    (D) the total number of military housing units 
                under the jurisdiction of the Secretary concerned that 
                were not inspected for lead-based paint.
    (b) 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:
            (1) Each military department that has failed to submit a 
        certification required under subsection (a) with respect to the 
        preceding calendar year.
            (2) A detailed summary of the data, broken down by military 
        department, contained in the certifications under subsection 
        (a) for such calendar year.
    (c) 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.
    (d) 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.
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