[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1469 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1469

 To amend the Head Start and Early Head Start programs to ensure that 
 children eligible to participate in those programs are identified and 
          treated for lead poisoning, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2001

 Mr. Reed (for himself, Mr. Torricelli, Mrs. Carnahan, Mr. Durbin, Mr. 
 Lieberman, Mr. Wellstone, and Mrs. Clinton) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Head Start and Early Head Start programs to ensure that 
 children eligible to participate in those programs are identified and 
          treated for lead poisoning, 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 ``Early Childhood Lead Poisoning 
Prevention Act of 2001''.

SEC. 2. LEAD POISONING SCREENING FOR THE HEAD START AND EARLY HEAD 
              START PROGRAMS.

    Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
            (1) in the first sentence of subsection (d), by inserting 
        before the period the following: ``and shall comply with 
        subsection (h)''; and
            (2) by adding at the end the following:
    ``(h) Lead Poisoning Screening.--
            ``(1) In general.--An entity shall--
                    ``(A) determine whether a child eligible to 
                participate in the program described in subsection 
                (a)(1) has received a blood lead screening test using a 
                test that is appropriate for age and risk factors upon 
                the enrollment of the child in the program; and
                    ``(B) in the case of a child who has not received a 
                blood lead screening test, ensure that each enrolled 
                child receives such a test either by referral or by 
                performing the test (under contract or otherwise).
            ``(2) Screenings by entities.--
                    ``(A) In general.--An entity may (under contract or 
                otherwise) perform a blood lead screening test that is 
                appropriate for age and risk factors on a child who 
                seeks to participate in the program.
                    ``(B) Reimbursement.--
                            ``(i) Children enrolled in or eligible for 
                        medicaid.--On the request of an entity that 
                        performs or arranges for the provision of a 
                        blood lead screening test under subparagraph 
                        (A) of a child that is eligible for or 
                        receiving medical assistance under a State plan 
                        under title XIX of the Social Security Act (42 
                        U.S.C. 1396 et seq.), the Secretary of Health 
                        and Human Services, notwithstanding any other 
                        provision of, or limitation under, title XIX of 
                        the Social Security Act, shall reimburse the 
                        entity, from funds that are made available 
                        under that title, for the Federal medical 
                        assistance percentage (as defined in section 
                        1905(b) of the Social Security Act (42 U.S.C. 
                        1396d(b)) of the cost of the test and data 
                        reporting. Such costs shall include, if 
                        determined to be desirable by the State agency, 
                        the costs of providing screening through 
                        clinical laboratories certified under section 
                        353 of the Public Health Service Act (42 U.S.C. 
                        263a), or purchasing, for use at sites 
                        providing services under this section, blood 
                        lead testing instruments and associated 
                        supplies approved for sale by the Food and Drug 
                        Administration and used in compliance with such 
                        section 353.
                            ``(ii) Children enrolled in or eligible for 
                        schip.--In the case of a blood lead screening 
                        test performed under subparagraph (A) (by the 
                        entity or under contract with the entity) on a 
                        child who is eligible for or receiving medical 
                        assistance under a State plan under title XXI 
                        of the Social Security Act, the Secretary of 
                        Health and Human Services, notwithstanding any 
                        other provision of, or limitation under, such 
                        title XXI, shall reimburse the entity, from 
                        funds that are made available under that title, 
                        for the enhanced FMAP (as defined in section 
                        2105(b) of the Social Security Act (42 U.S.C. 
                        1397ee(b)) of the cost of the test and data 
                        reporting. Such costs shall include the costs 
                        described in the second sentence of clause (i).
            ``(3) Authorization for early head start.--There is 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection with respect to blood lead screening 
        tests performed under this subsection on an infant or child, 
        and any data reporting with respect to such infant or child, 
        who is not eligible for coverage under title XIX or XXI of the 
        Social Security Act, or is not otherwise covered under a health 
        insurance plan.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed as requiring a child eligible to participate 
        in the program described in subsection (a)(1) to undergo a 
        blood lead screening test if the child's parent or guardian 
        objects to the test on the ground that the test is inconsistent 
        with the parent's or guardian's religious beliefs.
            ``(5) Head start.--The provisions of this subsection shall 
        apply to head start programs that include coverage, directly or 
        indirectly, for infants and toddlers under the age of 3 
        years.''.

SEC. 3. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION 
              PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.

    Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)) is amended by adding at the end the following:
            ``(4) Lead poisoning screening.--
                    ``(A) In general.--A State agency shall--
                            ``(i) determine whether an infant or child 
                        eligible to participate in the program under 
                        this section has received a blood lead 
                        screening test using a test that is appropriate 
                        for age and risk factors upon the enrollment of 
                        the infant or child in the program; and
                            ``(ii) in the case of an infant or child 
                        who has not received a blood lead screening 
                        test--
                                    ``(I) refer the infant or child for 
                                receipt of the test; and
                                    ``(II) determine whether the infant 
                                or child receives the test during a 
                                routine visit with a health care 
                                provider.
                    ``(B) Screenings by state agencies.--
                            ``(i) In general.--A State agency may 
                        (under contract or otherwise) perform a blood 
                        lead screening test that is appropriate for age 
                        and risk factors on an infant or child who 
                        seeks to participate in the program.
                            ``(ii) Reimbursement.--
                                    ``(I) Children enrolled in or 
                                eligible for medicaid.--On the request 
                                of a State agency that performs or 
                                arranges for the provision of a blood 
                                lead screening test under clause (i) of 
                                an infant or child that is eligible for 
                                or receiving medical assistance under a 
                                State plan under title XIX of the 
                                Social Security Act (42 U.S.C. 1396 et 
                                seq.), the Secretary of Health and 
                                Human Services, notwithstanding any 
                                other provision of, or limitation 
                                under, title XIX of the Social Security 
                                Act, shall reimburse the State agency, 
                                from funds that are made available 
                                under that title, for the Federal 
                                medical assistance percentage (as 
                                defined in section 1905(b) of the 
                                Social Security Act (42 U.S.C. 
                                1396d(b)) of the cost of the test and 
                                data reporting. Such costs shall 
                                include, if determined to be desirable 
                                by the State agency, the costs of 
                                providing screening through clinical 
                                laboratories certified under section 
                                353 of the Public Health Service Act 
                                (42 U.S.C. 263a), or purchasing, for 
                                use at sites providing services under 
                                this section, blood lead testing 
                                instruments and associated supplies 
                                approved for sale by the Food and Drug 
                                Administration and used in compliance 
                                with such section 353.
                                    ``(II) Children enrolled in or 
                                eligible for schip.--In the case of a 
                                blood lead screening test performed 
                                under clause (i) (by the State agency 
                                or under contract with the State 
                                agency) on an infant or child who is 
                                eligible for or receiving medical 
                                assistance under a State plan under 
                                title XXI of the Social Security Act, 
                                the Secretary of Health and Human 
                                Services, notwithstanding any other 
                                provision of, or limitation under, such 
                                title XXI, shall reimburse the State 
                                agency, from funds that are made 
                                available under that title, for the 
                                enhanced FMAP (as defined in section 
                                2105(b) of the Social Security Act (42 
                                U.S.C. 1397ee(b)) of the cost of the 
                                test and data reporting. Such costs 
                                shall include the costs described in 
                                the second sentence of subclause (I).
                    ``(C) Authorization of appropriations.--There is 
                authorized to be appropriated such sums as may be 
                necessary to carry out this paragraph with respect to 
                blood lead screening tests performed under this 
                paragraph on an infant or child, and any data reporting 
                with respect to such infant or child, who is not 
                eligible for coverage under title XIX or XXI of the 
                Social Security Act, or is not otherwise covered under 
                a health insurance plan.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed as requiring a child 
                eligible to participate in the program under this 
                section to undergo a blood lead screening test if the 
                child's parent or guardian objects to the test on the 
                ground that the test is inconsistent with the parent's 
                or guardian's religious beliefs.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act take effect on the date that is 18 months 
after the date of enactment of this Act.
    (b) WIC and Early Head Start Waivers.--
            (1) In general.--A State agency or contractor administering 
        the program of assistance under the special supplemental 
        nutrition program for women, infants and children (WIC) under 
        section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
        or an entity carrying out activities under section 645A of the 
        Head Start Act (42 U.S.C. 9840a) may be awarded a waiver from 
        the amendments made by sections 2 and 3 (as applicable) if the 
        State where the agency, contractor, or entity is located 
        establishes to the satisfaction of the Secretary of Health and 
        Human Services, in accordance with requirements and procedures 
        recommended in accordance with paragraph (2) to the Secretary 
        by the Director of the Centers for Disease Control and 
        Prevention, in consultation with the Centers for Disease 
        Control and Prevention Advisory Committee on Childhood Lead 
        Poisoning Prevention, a plan for increasing the number of blood 
        lead screening tests of children enrolled in the WIC and the 
        Early Head Start programs in the State.
            (2) Development of waiver procedures and requirements.--Not 
        later than 12 months after the date of enactment of this Act, 
        the Director of the Centers for Disease Control and Prevention, 
        in consultation with the Centers for Disease Control and 
        Prevention Advisory Committee on Childhood Lead Poisoning 
        Prevention, shall develop and recommend to the Secretary of 
        Health and Human Services criteria and procedures (including a 
        timetable for the submission of the State plan described in 
        paragraph (1)) for the award of waivers under that paragraph.
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