116th CONGRESS 1st Session |
To require lead testing in Department of Defense Education Activity schools, and for other purposes.
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 determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To require lead testing in Department of Defense Education Activity schools, 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. 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 the guidance document and testing protocol published by the Administrator of the Environmental Protection Agency under section 1464(b) of the Safe Drinking Water Act (42 U.S.C. 300j–24(b)).
(3) NOTIFICATION.—Not later than one day after a test is carried out pursuant to this subsection in a covered school, the Secretary shall notify of the results of the test—
(A) the parents or legal guardians of students attending such covered school; and
(B) the employees of such covered school.
(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 the requirements of Department of Defense Education Activity Administrative Instruction 6055.01 (or successor instruction).
(c) Timing.—The Secretary shall—
(1) commence all actions required pursuant to subsection (a) not later than 30 days after the date of the enactment of this Act; and
(2) 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) Definitions.—In this section:
(1) The term “congressional defense committees” has the meaning given that term in section 101(a) of title 10, United States Code.
(2) The term “covered school” means—
(A) a school owned or operated by the Department of Defense Education Activity; or
(B) a school with which the Secretary has entered into a contract or otherwise entered into an arrangement to provide educational programs under—
(i) section 2164 of title 10, United States Code; or
(ii) section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921).