[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5261 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5261

  To authorize the Secretary of Housing and Urban Development to make 
   grants to evaluate and reduce lead-based paint hazards at public 
       elementary schools and licensed child day-care facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2000

Ms. Roybal-Allard (for herself, Mr. Hinchey, and Ms. Carson) introduced 
 the following bill; which was referred to the Committee on Commerce, 
and in addition to the Committee on Education and the Workforce, 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

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Housing and Urban Development to make 
   grants to evaluate and reduce lead-based paint hazards at public 
       elementary schools and licensed child day-care facilities.

    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 ``School and Day-Care Lead-Based Paint 
Reduction Act of 2000''.

SEC. 2. PROGRAM OF GRANTS REGARDING LEAD-BASED PAINT HAZARDS AT PUBLIC 
              ELEMENTARY SCHOOLS AND LICENSED CHILD DAY-CARE 
              FACILITIES.

    (a) In General.--
            (1) Authority for making grants.--The Secretary of Housing 
        and Urban Development may make grants to States, units of local 
        government, and local educational agencies for the purpose of 
        evaluating and reducing lead-based paint hazards at--
                    (A) public elementary schools; and
                    (B) child day-care facilities that are licensed by 
                the State in which the facilities are located.
            (2) Consultations.--In carrying out this section, the 
        Secretary shall consult with the Secretary of Education, the 
        Administrator of the Environmental Protection Agency, and the 
        Secretary of Health and Human Services.
    (b) Selection Criteria.--The Secretary shall make grants under 
subsection (a) on the basis of the activities proposed to be carried 
out with the grants and on the basis of the following criteria for 
approving applications for the grants:
            (1) The extent to which the proposed activities will reduce 
        the risk of lead poisoning to children at the eligible 
        facilities involved, with priority given to facilities that 
        serve significant numbers of children who are under the age of 
        6.
            (2) The comparative degree of severity and extent of lead-
        based paint hazards at the eligible facilities.
            (3) The extent to which the facilities and the applicant 
        for the grant have the fiscal capacity to carry out the purpose 
        described in subsection (a) without a grant under such 
        subsection.
            (4) The ability of the applicant to provide for the non-
        Federal contributions required in subsection (d).
            (5) The ability of the applicant to carry out the proposed 
        activities.
            (6) Such other factors as the Secretary determines 
        appropriate to ensure that the grants are used effectively and 
        to promote the purpose described in subsection (a).
    (c) Authorized Expenditures.--The Secretary may authorize the 
expenditure of a grant under subsection (a) for the following purposes:
            (1) To perform risk assessments and lead inspections at the 
        eligible facilities involved.
            (2) To provide for the interim control of lead-based paint 
        hazards at such facilities.
            (3) To provide for the abatement of such hazards at the 
        facilities.
            (4) If the facilities are undergoing renovations carried 
        out with funds other than the grant, to provide for the 
        additional cost of reducing such hazards at the facilities.
            (5) To ensure that risk assessments, inspections, and 
        abatements are carried out by certified contractors in 
        accordance with section 402 of the Toxic Substances Control 
        Act. This paragraph may not be construed as prohibiting 
        personnel who carry out maintenance or cleaning duties at 
        eligible facilities from performing their normal duties at the 
        facilities.
            (6) To monitor the blood-lead levels of workers involved in 
        lead hazard reduction activities carried out pursuant to this 
        section.
            (7) To assist in the temporary relocation of the activities 
        of the facilities while lead hazard reduction measures are 
        being conducted at the facilities.
            (8) To educate the following individuals on the nature and 
        causes of lead poisoning and on measures to reduce lead-based 
        paint hazards at the facilities:
                    (A) School officials, teachers, and students at the 
                facilities, and parents of the students, in the case of 
                facilities that are eligible schools.
                    (B) Supervisors, staff, and children at the 
                facilities, and parents of the children, in the case of 
                facilities that are eligible child day-care facilities.
                    (C) Personnel who carry out maintenance duties at 
                the eligible facilities.
                    (D) Personnel who carry out cleaning duties at the 
                facilities.
            (9) After lead-based paint hazard reduction activities have 
        been conducted at the facilities, to test soil, interior 
        surface dust, and the blood-lead levels of children at the 
        facilities to assure that such activities do not cause 
        excessive exposure to lead.
            (10) To carry out the activities described in this 
        subsection at facilities that are not currently being used as 
        eligible facilities but are undergoing renovation in order to 
        be used as such facilities.
            (11) To carry out such other activities as the Secretary 
        determines appropriate to promote the purpose described in 
        subsection (a).
    (d) Requirement of Matching Funds.--
            (1) In general.--A condition for the receipt of a grant 
        under subsection (a) is that, subject to paragraph (2), the 
        applicant for the grant agree to make available (directly or 
        through donations from public or private entities) non-Federal 
        contributions toward the purpose described in such subsection 
        in an amount that is not less than 50 percent of the amount of 
        the grant.
            (2) Provisions regarding service to low-income children.--
        With respect to eligible facilities that serve significant 
        numbers of children from low-income families, the following 
        apply:
                    (A) In the case of the activities described in 
                paragraphs (1) and (2) of subsection (c) (relating to 
                risk assessments, inspections, and interim control), 
                the Secretary may waive the requirement of paragraph 
                (1) or reduce the percentage that otherwise would be 
                applicable under such paragraph.
                    (B) In the case of other activities described in 
                subsection (c), the Secretary may reduce the percentage 
                that otherwise would be applicable under such 
                paragraph, except that the percentage may not be less 
                than 10 percent.
            (3) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    (e) Report.--A condition for the receipt of grant under subsection 
(a) is that the applicant for the grant agree that the applicant will 
for each fiscal year in which the grant is expended submit to the 
Secretary a report that provides the following:
            (1) A description of the purposes for which the grant was 
        expended.
            (2) A statement of the number of risk assessments and 
        inspections conducted at eligible schools and at eligible child 
        day-care facilities.
            (3) A statement of the number of eligible schools and 
        eligible child day-care facilities at which lead-based paint 
        hazards have been reduced through interim controls.
            (4) A statement of the number of eligible schools and 
        eligible child day-care facilities at which lead-based paint 
        hazards have been abated.
            (5) Such other information as the Secretary determines to 
        be appropriate.
    (f) Other Conditions.--A condition for the receipt of grant under 
subsection (a) is that the applicant for the grant agree to the 
following:
            (1) The grant will not be expended to replace other amounts 
        made available or designated by the State, unit of local 
        government, or local educational agency involved for the 
        purpose described in subsection (a). In determining compliance 
        with the preceding sentence, the Secretary shall count non-
        Federal contributions provided by the applicant under 
        subsection (d).
            (2) Not more than 10 percent of the grant will be used for 
        the administrative expenses of carrying out the purpose 
        described in subsection (a).
            (3) The applicant will maintain and provide the Secretary 
        with financial records that are sufficient, in the 
determination of the Secretary, to ensure proper accounting and 
disbursing of the grant.
    (g) Application for Grant.--The Secretary may make a grant under 
subsection (a) only if an application for the grant is submitted to the 
Secretary and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    (h) Coordination With Academic Year.--To the maximum extent 
feasible, the Secretary shall in making grants under subsection (a) 
with respect to eligible schools ensure that application deadlines and 
grant notification timelines are compatible with the needs of State and 
local officials in providing for a normal academic year at the eligible 
schools involved.
    (i) Definitions.--For purposes of this section:
            (1)(A) The terms specified in subparagraph (B) have the 
        meanings given such terms in section 1004 of the Residential 
        Lead-Based Paint Hazard Reduction Act of 1992.
            (B) The terms referred to in subparagraph (A) are 
        ``abatement''; ``certified contractor''; ``inspection''; 
        ``interim controls''; ``lead-based paint''; ``lead-based paint 
        hazard''; ``reduction''; and ``risk assessment''.
            (2) The term ``elementary school'' has the meaning given 
        such term in section 14101 of the Elementary and Secondary 
        Education Act of 1965.
            (3) The term ``eligible child day-care facilities'' means 
        child day-care facilities described in subsection (a).
            (4) The term ``eligible facilities'' means eligible schools 
        and eligible child day-care facilities.
            (5) The term ``eligible schools'' means schools described 
        in subsection (a).
            (6) The term ``local educational agency'' has the meaning 
        given such term in section 14101 of the Elementary and 
        Secondary Education Act of 1965.
            (7) The term ``low income family'' means families that have 
        incomes at or below an amount equal to 200 percent of the 
        official poverty line, as established by the Director of the 
        Office of Management and Budget and revised by the Secretary of 
        Health and Human Services in accordance with section 673(2) of 
        the Omnibus Budget Reconciliation Act of 1981.
            (8) The term ``Secretary'' means the Secretary of Housing 
        and Urban Development, unless the context indicates otherwise.
    (j) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each fiscal year.
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