[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8171 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8171
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
April 30, 2024
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
2024''.
SEC. 2. 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) in paragraph (1), in the matter preceding subparagraph
(A), by inserting after ``mortgage insurance'' the following:
``, tenant-based rental assistance under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)),'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Additional procedures for families with children
under the age of 6.--
``(A) Risk assessment.--
``(i) Definition.--In this subparagraph,
the term `covered housing' means target
housing, as defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851b), that--
``(I) is covered by an application
for mortgage insurance or housing
assistance payments under a program
administered by the Secretary; or
``(II) otherwise receives more than
$5,000 in project-based assistance
under a Federal housing program.
``(ii) Regulations.--Not later than 1 year
after the date of enactment of the Lead-Safe
Housing for Kids Act of 2024, 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
tenant-based rental assistance
under section 8(o) of the
United States Housing Act of
1937 (42 U.S.C. 1437f(o)), not
later than 15 days after the
date on which the family and
the owner submit a request for
approval of a tenancy or lease
renewal, whichever occurs
first;
``(bb) 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
``(cc) in the case of
covered housing not described
in item (aa) or (bb), 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, if lead-based
paint hazards are identified by an
initial risk assessment conducted under
subclause (I), 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; and
``(bb) in accessible and
alternative formats consistent
with the requirements under
section 504 of the
Rehabilitation Act of 1973 (29
U.S.C. 794), the Americans with
Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), and
title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et
seq.), provide notice to all
residents in the covered
housing affected by the initial
risk assessment, 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);
and
``(IV) 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 owner of the covered
housing submits to the Secretary
documentation--
``(aa) that the owner
conducted a risk assessment of
the covered housing for lead-
based paint hazards during the
12-month period preceding the
date on which the family is
expected to reside in the
covered housing; and
``(bb) of any clearance
examinations of lead-based
paint hazard control work
resulting from the risk
assessment described in item
(aa) that show that the housing
passed the clearance
examination;
``(II)(aa) if a lead-based paint
inspection of the covered housing
determined that lead-based paint was
not present in the covered housing; or
``(bb) from which all lead-based
paint has 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) or under this section, as
applicable;
``(III) if--
``(aa) lead-based paint
hazards are identified in the
dwelling unit in the covered
housing in which the family
will reside or is expected to
reside;
``(bb) the dwelling unit is
unoccupied;
``(cc) the owner of the
covered housing, without any
further delay in occupancy or
increase in rent, provides the
family with another dwelling
unit in the covered housing
that has no lead-based paint
hazards; and
``(dd) the common areas
servicing the new dwelling unit
have no lead-based paint
hazards; and
``(IV) in accordance with any other
standard or exception the Secretary
deems appropriate based on health-based
standards.
``(B) Relocation.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Lead-Safe
Housing for Kids Act of 2024, 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 subparagraph
(A)(ii), may relocate on an emergency basis and
without placement on any waitlist, penalty
(including rent payments to be made for that
dwelling unit), or lapse in assistance to a
dwelling unit that--
``(I) was constructed in 1978 or
later; or
``(II) is in covered housing that
has no lead-based paint hazards.
``(ii) Requirements.--Relocation described
in clause (i) shall be performed consistent
with the standards set forth under the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and any other applicable Federal
civil rights, fair housing, and
nondiscrimination laws.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the amendments
made by section 2 such sums as may be necessary for each of fiscal
years 2025 through 2029.
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