[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7165 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7165
To amend the Lead-Based Paint Poisoning Prevention Act to provide for
additional procedures for families with children under the age of 6,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2022
Mr. McEachin (for himself, Ms. Pressley, and Mr. Garcia of Illinois)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To amend the Lead-Based Paint Poisoning Prevention Act to provide for
additional procedures for families with children under the age of 6,
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 ``Lead-Safe Housing for Kids Act of
2022''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) according to the Centers for Disease Control and
Prevention (CDC), on average between 2011 and 2016,
approximately 590,000 or 2.5 percent of children under the age
of 6 in the United States had elevated blood lead levels above
the CDC reference value of 3.5 micrograms per deciliter (mg/
dL);
(2) there is no safe blood lead level in children;
(3) according to the CDC, the effects of lead poisoning are
immediate and permanent--childhood exposure to lead, even at
very low levels, can have lifelong consequences, including
decreased IQ and cognitive function, developmental delays, and
behavioral problems;
(4) higher exposures to lead at a young age can cause
seizures, coma, and even death;
(5) under current law, children whose families participate
in the Housing Choice Voucher Program must have been identified
as having an elevated blood lead exceeding 3.5 micrograms per
deciliter, as established by the CDC, or exhibit symptoms of
lead poisoning before a lead hazard risk assessment occurs; and
(6) while some localities have required property owners to
conduct risk assessments and abate lead when a child under the
age of 6 will reside in a dwelling unit, the Massachusetts Fair
Housing Center recently sued the Massachusetts Department of
Public Health for instituting such a policy that the Fair
Housing Center argues led to augmented instances of housing
discrimination on the basis of familial status, as defined by
section 802 of the Fair Housing Act (42 U.S.C. 3602(k)), making
housing opportunities less available for families with children
and increasing the risk of homelessness for such families.
SEC. 3. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT.
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4822(a)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Additional procedures for families with children
under the age of 6.--
``(A) Risk assessment.--
``(i) Covered housing defined.--In this
subparagraph, the term `covered housing'--
``(I) means housing receiving
Federal financial assistance described
in paragraph (1) that--
``(aa) was constructed
prior to 1978; and
``(bb)(AA) is public
housing (as such term is
defined in section 3(b) of the
United States Housing Act of
1937 (42 U.S.C. 1437a(b)));
``(BB) receives project-
based rental assistance under
section 8 of the United States
Housing Act of 1937 (42 U.S.C.
1437f);
``(CC) receives assistance
under the Housing Opportunities
for Persons With AIDS under
subtitle D of title VIII of the
Cranston-Gonzalez National
Affordable Housing Act (42
U.S.C. 12901 et seq.); or
``(DD) receives assistance
under the Supportive Housing
for Persons With Disabilities
under section 811 of the
Cranston-Gonzalez National
Affordable Housing Act (42
U.S.C. 8013); and
``(II) does not include--
``(aa) single-family
housing covered by an
application for mortgage
insurance under the National
Housing Act (12 U.S.C. 1701 et
seq.); or
``(bb) multi-family housing
that--
``(AA) is covered
by an application for
mortgage insurance
under the National
Housing Act (12 U.S.C.
1701 et seq.); and
``(BB) does not
receive any other
Federal financial
assistance.
``(ii) Regulations.--Not later than 180
days after the date of enactment of the Lead-
Safe Housing for Kids Act of 2022, the
Secretary shall promulgate regulations that--
``(I) require the owner of covered
housing in which a family with a child
of less than 6 years of age will reside
or is expected to reside to conduct an
initial risk assessment for lead-based
paint hazards--
``(aa) in the case of
covered housing receiving
public housing assistance under
the United States Housing Act
of 1937 (42 U.S.C. 1437 et
seq.) or project-based rental
assistance under section 8 of
the United States Housing Act
of 1937 (42 U.S.C. 1437f), not
later than 15 days after the
date on which a physical
condition inspection occurs;
and
``(bb) in the case of
covered housing not described
in item (aa), not later than a
date established by the
Secretary;
``(II) provide that a visual
assessment alone is not sufficient for
purposes of complying with subclause
(I);
``(III) require that, subject to
subclause (III), if lead-based paint
hazards are identified by an initial
risk assessment conducted under
subclause (I), the public housing
agency, grantee, or the owner of the
covered housing shall--
``(aa) not later than 30
days after the date on which
the initial risk assessment is
conducted, control the lead-
based paint hazards, including
achieving clearance in
accordance with regulations
promulgated under section 402
or 404 of the Toxic Substances
Control Act (15 U.S.C. 2682,
2684), as applicable, or with
regulations promulgated under
this section, as applicable;
and
``(bb) provide notice to
all residents in the covered
housing, and provide notice in
the common areas of the covered
housing, that lead-based paint
hazards were identified and
will be controlled within the
30-day period described in item
(aa) which notice shall be
provided in accessible and
alternative formats consistent
with the requirements under
section 504 of the
Rehabilitation Act of 1973, the
Americans with Disabilities Act
of 1990, and title VI of the
Civil Rights Act of 1964;
``(IV) provide that, to the extent
that the requirements under items (aa)
and (bb) of subclause (III) result in
additional costs, such items shall be
effective and apply only to the extent
that amounts to cover such additional
costs are provided in advance in
appropriation Acts; and
``(V) provide that there shall be
no extension of the 30-day period
described in subclause (III)(aa).
``(iii) Exceptions.--The regulations
promulgated under clause (ii) shall provide an
exception to the requirement under subclause
(I) of such clause for covered housing--
``(I) if the public housing agency,
grantee, or the owner of the covered
housing submits to the Secretary
documentation--
``(aa) that the public
housing agency, grantee, or
owner conducted a risk
assessment of the covered
housing for lead-based paint
hazards during the 12-month
period, or a reevaluation of
the covered housing, including
after any lead-based paint
hazards have been controlled,
during the 24-month period
preceding the date on which the
family is expected to reside in
the covered housing; for
purposes of this item, the term
`reevaluation' means an
activity performed by a risk
assessor certified under
sections 402 or 404 of the
Toxic Substances Control Act
(15 U.S.C. 2682, 2684), as
applicable, subsequent to an
initial risk assessment and to
completion of any resulting
lead-based paint hazard control
measures, including a visual
assessment of painted surfaces
for deterioration and limited
dust and soil sampling, where
lead-based paint is still
present; and
``(bb) that clearance of
lead-based paint hazard control
work resulting from the risk
assessment described in item
(aa) has been achieved in
accordance with clause (II) or
with regulations promulgated
under this section, as
applicable;
``(II) from which all lead-based
paint hazards have been identified and
removed and clearance has been achieved
in accordance with regulations
promulgated under section 402 or 404 of
the Toxic Substances Control Act (15
U.S.C. 2682, 2684), as applicable, or
with regulations promulgated under this
section, as applicable;
``(III)(aa) if the dwelling unit is
unoccupied;
``(bb) if the public housing
agency, grantee, or the owner of the
covered housing, without any further
delay in occupancy or increase in rent,
provides the family with another
comparable dwelling unit in the covered
housing that has no lead-based paint
hazards; and
``(cc) if the common areas
servicing the new dwelling unit have no
lead-based paint hazards; and
``(IV) if the covered housing is in
compliance with the schedule for risk
assessment under the program under
which assistance is provided for the
housing and such schedule provides that
the period of time between the most
recent assessment and the next
assessment will not exceed 24 months.
``(B) Relocation.--Not later than 180 days after
the date of enactment of the Lead-Safe Housing for Kids
Act of 2022, the Secretary shall promulgate regulations
to provide that a family with a child of less than 6
years of age that occupies a dwelling unit in covered
housing in which lead-based paint hazards were
identified, but not controlled in accordance with
regulations required under clause (ii), may relocate on
an emergency basis and without placement on any waiting
list, penalty (including rent payments to be made for
that dwelling unit), or lapse in assistance to another
dwelling unit in covered housing that has no lead-based
paint hazards. Relocation shall be performed consistent
with the standards set forth under the Uniform
Relocation Assistance and Real Property Acquisition Act
of 1970 and any other applicable Federal civil rights,
fair housing, and nondiscrimination laws.''.
SEC. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall establish and implement a demonstration program under which--
(1) an owner of a dwelling for which tenant-based rental
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) is provided and in which a child of less
than 6 years of age will reside or is expected to reside shall
conduct, and cover the costs of, an initial risk assessment for
lead-based paint hazards in such housing;
(2) the Secretary shall cover the costs of abatement of any
lead-based paint hazards identified pursuant to risk
assessments paid for as provided under paragraph (1); and
(3) the owner of any dwelling unit for which abatement
activities are conducted pursuant to paragraph (2) is required,
for a period to be determined by the Secretary based on the
cost or percentage of the cost of such abatement activities
covered by the Secretary, to rent the dwelling unit only to a
household assisted with tenant-based rental assistance under
such section 8.
(b) Procedures and Requirements.--Under the demonstration program,
the Secretary shall establish procedures and requirements with respect
to housing covered by the demonstration program that are similar to the
procedures and requirements applicable under paragraph (1) of section
302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4822(a)(1)) to housing covered by such paragraph, except as otherwise
modified by this section.
(c) Geographical Diversity.--The Secretary shall carry out the
demonstration program under this section in a variety of locations
having high rates of lead poisoning, including urban areas and rural
areas, in a manner that ensures geographically diversity of housing
assisted under the program.
(d) Consultation.--Public housing agencies providing rental
assistance for dwelling units participating in the demonstration
program under this section shall consult local public health agencies
for records if such dwelling units had a previous history of lead
poisoning.
(e) Monitoring; Reporting.--
(1) Monitoring.--The Secretary shall monitor the extent of
owner compliance and participation under the demonstration
program under this section and shall assess the relationships
between the period of affordability required under subsection
(a)(2), the amount or portion of the cost of abatement
activities covered by the Secretary pursuant to such
subsection, and the level of participation in the demonstration
program by landlords.
(2) Annual reports.--The Secretary shall submit a report
annually to the Congress on landlord compliance and
participation in the demonstration program. Each such report
shall--
(A) identify any changes in the rate of owner
compliance and participation from year to year and from
immediately before the implementation of the
demonstration program to the time of such report; and
(B) include an analysis of whether discrimination
occurred on the basis of race, color, religion, sex,
disability, familial status, or national origin in
violation of the Fair Housing Act in dwelling units to
be assisted with tenant-based rental assistance under
section 8 of the United States Housing Act of 1937.
(3) Involvement of office of fair housing and equal
opportunity.--In conducting monitoring pursuant to paragraph
(1) and preparing reports pursuant to paragraph (2), the
Secretary shall involve and consult with the Office of Fair
Housing and Equal Opportunity.
(4) Final report.--Not later than the expiration of the 6-
month period beginning upon the termination of the
demonstration program under subsection (i), the Secretary shall
submit a final report on the program to the Congress that shall
include the following information:
(A) Annual report information.--All information
required to be submitted pursuant to paragraph (2) in
each annual report under such paragraph.
(B) Effectiveness in preventing lead poisoning.--
Identification of--
(i) the overall number of dwelling units
where a risk assessment identified a lead
hazard before a child under age six occupied
the unit; and
(ii) if feasible, for each dwelling with
such an identified lead hazard--
(I) whether the unit had visual
signs of a lead hazard or had
previously passed a visual inspection;
and
(II) any documented cases of lead
poisoning in children previously
residing in the dwelling unit.
(C) Actual cost.--Identification of--
(i) the actual cost of conducting pre-
occupancy risk assessments of dwelling units,
including the varying cost based on the age,
building type, and location of the unit;
(ii) the actual cost of lead-based paint
hazard control activities conducted after a
risk assessment that indicated the presence of
a lead-based paint hazard in the participating
units; and
(iii) the actual cost of the clearance
examination conducted after completion of lead-
based paint hazard control activities.
(D) Participating tenants.--Identification of--
(i) the number, age, race, and ethnicity of
children who would have lived in dwelling units
where a lead hazard was discovered after a pre-
occupancy risk assessment; and
(ii) the number, age, race, and ethnicity
of children residing in dwelling units in
buildings in which a participating dwelling
unit having a lead-based paint hazard is
located.
(E) Participating units.--Identification of--
(i) the age of participating dwelling
units;
(ii) the block in which participating units
are located and, if not available, the census
tract in which participating units are located;
(iii) the type of building in which
participating units are located; and
(iv) the number of participating units in
which a lead-based paint hazard was discovered.
(F) Risk assessments.--Identification of--
(i) the number of lead-based paint risk
assessors available in each locality to conduct
risk assessments under the program;
(ii) the amount of time elapsed from making
of a request for a risk assessment until
completion of the assessment; and
(iii) the public housing agency employing
each lead-based paint risk assessor.
(f) Public Availability of Information.--The Secretary shall make
information collected pursuant to the demonstration program under this
section publicly available on the website of the Department in a manner
that does not provide any personally identifiable information regarding
individuals or households participating in the program.
(g) Definitions.--For purposes of this section, the terms ``risk
assessment'', ``inspection'', ``interim controls'', and ``lead-based
paint hazard'' have the same meaning given such terms in section 1004
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851b).
(h) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for fiscal years 2023 through 2027 to carry
out this section.
(i) Termination.--The demonstration program established under this
section shall terminate 6 years after the date of the enactment of this
Act.
SEC. 5. RISK ASSESSMENTS.
Paragraph (25) of section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851b(25)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (G);
and
(2) by striking subparagraphs (C) and (D) and inserting the
following new subparagraphs:
``(C) dust sampling;
``(D) soil sampling;
``(E) paint testing;
``(F) water testing; and''.
SEC. 6. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND
LEAD-BASED PAINT.
Subtitle F of title V of the Quality Housing and Work
Responsibility Act of 1998 is amended--
(1) in section 578(c) (42 U.S.C. 13663(c)), by striking
``section 579(a)(2)'' and inserting ``section 580(a)(2)'';
(2) by redesignating section 579 (42 U.S.C. 13664) as
section 580; and
(3) by inserting after section 578 (42 U.S.C. 13663) the
following new section:
``SEC. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS
AND LEAD-BASED PAINT.
``(a) Required Provision.--The Secretary shall require each public
housing agency, grantee, and owner of housing described in subsection
(d) to provide written notice, consistent with Federal civil rights,
fair housing, and nondiscrimination requirements, under subsection (b)
to each--
``(1)(A) applicant who is selected from the waiting list
for admission to such federally assisted housing or to such a
federally assisted housing program; and
``(B) assisted family who moves to a different such
federally assisted housing dwelling unit; and
``(2) whose household at the time of such selection or
move, includes a child of less than 6 years of age who will
reside or is expected to reside in such housing.
``(b) Contents; Timing.--Written notice under this subsection shall
be in the form developed under subsection (c) that is provided at the
time of the selection or move, as applicable, described in subsection
(a)(1), that includes information sufficient to describe to the
applicant or assisted family--
``(1) the adverse health effects lead poisoning can have on
children under 6 years old;
``(2) their rights under the Fair Housing Act, the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.),
section 504 of the Rehabilitation Act (29 U.S.C. 794), title VI
of the Civil Rights Act (42 U.S.C. 2000d et seq.), and other
applicable State or local laws regarding fair housing,
including how to file complaints of housing discrimination
under such Acts and laws;
``(3) the extent of the public housing agency's, grantee's,
and owner's, as applicable, responsibility to ensure that their
housing is controlled for lead-based paint;
``(4) that the rights described pursuant to paragraph (2)
should not limit the ability of the applicant or assisted
family to secure federally assisted housing based on the Fair
Housing Act, the Americans with Disabilities Act (42 U.S.C.
12101), section 504 of the Rehabilitation Act (29 U.S.C. 794),
or title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.)
under such paragraph; and
``(5) that all children enrolled in Medicaid, including
children enrolled for medical assistance under a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (or a waiver of such a plan) and children enrolled for
child health assistance under a State child health plan under
title XXI of such Act (42 U.S.C. 1397aa et seq.) (or a waiver
of such a plan), are required to receive blood lead screening
tests at ages 12 months and 24 months and that, in addition,
any child between 24 and 72 months with no record of a previous
blood lead screening test must receive such a screening test.
``(c) Standard Form.--The Secretary, in consultation with the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, shall develop a standard form of the
notice required under this section that complies with all of the
requirements of this section and shall make such standard form
available to public housing agencies, grantees, and owners of federally
assisted housing to facilitate compliance with the requirements of this
section.
``(d) Covered Housing Programs.--Housing described in this
subsection is housing that is--
``(1) specified in subparagraph (A), (B), (C), or (F) of
section 580(a)(1); or
``(2) assisted under the Housing Opportunities for Persons
With AIDS under subtitle D of title VIII of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et
seq.).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary for each of fiscal years 2023 through 2027 for--
(1) covering administrative, testing, and abatement costs
of public housing agencies, grantees, and other owners of
covered housing in complying with such amendments, including
cost of providing notice under section
302(a)(4)(A)(ii)(III)(bb) of the Lead-Based Paint Poisoning
Prevention Act (as added by the amendment made by section 3(2)
of this Act) and section 579 of the Quality Housing and Work
Responsibility Act of 1998 (as added by section 6(3) of this
Act);
(2) costs of the Department of Housing and Urban
Development for training individuals to conduct risk
assessments to be conducted under section 302(a) of the Lead-
Based Paint Poisoning Prevention Act and under the
demonstration program under section 4 of this Act;
(3) the Office of Fair Housing and Equal Opportunity of the
Department of Housing and Urban Development--
(A) for carrying out a national education campaign
regarding lead-based paint and Fair Housing Act
protections and for tenant outreach and owner
engagement; and
(B) for enforcement activities, including
activities under the Fair Housing Initiatives Program
under section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a); and
(4) the Secretary of Housing and Urban Development to
conduct a study of a strategy for the abatement by removal of
lead-based paint from all assisted and unassisted housing that
is phased in over time.
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