[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2244 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2244

  To require the Secretary of Health and Human Services to carry out 
demonstration projects and outreach programs for the identification and 
 abatement of lead hazards, to establish the Joint Task Force on Lead-
Based Hazards and the Task Force on Children's Environmental Health and 
  Safety, to strengthen the authority of the Secretary of Housing and 
               Urban Development, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2007

 Mr. Reid (for Mrs. Clinton) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Health and Human Services to carry out 
demonstration projects and outreach programs for the identification and 
 abatement of lead hazards, to establish the Joint Task Force on Lead-
Based Hazards and the Task Force on Children's Environmental Health and 
  Safety, to strengthen the authority of the Secretary of Housing and 
               Urban Development, 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 Elimination, Abatement, and 
Poisoning Prevention Act of 2007'' or the ``LEAPP Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) lead is a soft, heavy metal that can produce a wide 
        range of adverse health effects among humans when ingested or 
        absorbed into the body;
            (2) while lead is naturally-occurring, human activities 
        such as mining and using lead in paint and gasoline have spread 
        lead throughout the environment around the world;
            (3) in the United States, the serious health effects of 
        lead were recognized as early as 1914;
            (4) in the following decades, the use of lead in paint, 
        gasoline, and other products combined with increased fossil 
        fuel burning to result in a rapid escalation of environmental 
        lead exposures;
            (5) there is no documented safe level of lead exposure;
            (6) the Centers for Disease Control and Prevention 
        considers a blood lead level of 10 micrograms per deciliter to 
        be a level of concern warranting referral to a health care 
        provider, but adverse health effects have been documented at 
        lower blood lead levels;
            (7) children are more vulnerable to some forms of lead 
        poisoning than adults;
            (8) lead has a sweet taste that makes objects containing 
        lead attractive to young children engaged in mouthing 
        behaviors;
            (9) children play indoors and outdoors where lead dust and 
        contaminated surfaces are readily accessible;
            (10) a child who swallows large quantities of lead may 
        develop blood anemia, severe stomachache, muscle weakness, and 
        brain damage;
            (11) acute lead poisoning can be fatal;
            (12) if a child swallows smaller quantities of lead, less 
        severe but significant effects on blood and brain function may 
        occur;
            (13) even at much lower levels of exposure, lead can affect 
        a child's mental and physical growth;
            (14) lead is believed to have measurable effects on 
        behavioral issues, leading to increased aggression and lower 
        academic achievement;
            (15) exposure to lead is more dangerous for young and 
        unborn children;
            (16) unborn children can be exposed to lead through their 
        mothers;
            (17) harmful effects of in-utero exposure to lead include 
        premature births, smaller babies, decreased mental ability in 
        the infant, learning difficulties, and reduced growth in young 
        children;
            (18) some of those effects may persist beyond childhood;
            (19) through the 1970s and 1980s, the United States phased 
        out the use of lead in gasoline;
            (20) in 1978, the United States banned the use of lead in 
        residential paint;
            (21) the use of lead solder in water pipes and soft drink 
        and food cans was sharply curtailed or eliminated during that 
        period;
            (22) as a result of those measures, average blood lead 
        levels for people in the United States, as reported by the 
        Centers for Disease Control and Prevention, fell from 
        approximately 15 micrograms per deciliter in 1976 to less than 
        3 micrograms per deciliter in 1990;
            (23) despite those reductions, high blood lead levels still 
        exist in significant portions of the population;
            (24) in 2005, the Centers for Disease Control and 
        Prevention recorded more than 47,000 children in the United 
        States under the age of 6 with elevated blood lead;
            (25) in addition, the Centers for Disease Control and 
        Prevention estimates that approximately 310,000 children in the 
        United States with elevated blood-lead levels remain 
        undiagnosed;
            (26) a major source of lead exposure among children in the 
        United States is pre-1978 housing containing lead paint and the 
        contaminated dust and soil generated by that paint;
            (27) such housing-related lead poisoning frequently occurs 
        in ``clusters'', and it is not unusual for a single home to be 
        implicated in poisoning multiple children repeatedly;
            (28) according to the Department of Housing and Urban 
        Development, an estimated 38,000,000 housing units in the 
        United States contain lead-based paint;
            (29) minority children are at especially high risk of lead 
        exposure;
            (30) while blood lead levels have dropped for all 
        populations, the Centers for Disease Control and Prevention 
        reports that the incidence of elevated blood lead levels are 
        approximately 3 times higher in African-American and Mexican-
        American infants than white infants;
            (31) the Federal Medicaid program requires blood tests for 
        all participating children at the ages of 1 and 2 years, when 
        blood lead levels usually peak;
            (32) according to the Alliance for Healthy Homes, in fiscal 
        year 2003, approximately 77 percent of eligible children were 
        not screened for exposure to lead;
            (33) because lead accumulates within the body, pregnant 
        women with elevated blood lead levels are at risk of not only 
        experiencing toxic effects from lead, but also of exposing 
        children to high levels of lead in utero, and more must be done 
        to ensure that women with elevated blood lead levels are 
        screened, identified, and treated; and
            (34) because lead exposure is a major public health threat, 
        the United States should continue to engage in aggressive 
        public health and policy efforts to reduce children's exposure 
        to lead and to mitigate that exposure in areas documented to 
        contain lead at dangerous levels.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Joint task force.--The term ``Joint Task Force'' means 
        the ``Joint Task Force on Lead-Based Hazards'' established 
        under section 5(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) Task force.--The term ``Task Force'' means the Task 
        Force on Children's Environmental Health and Safety established 
        under section 6(a).

SEC. 4. DEMONSTRATION PROJECTS FOR CLUSTER IDENTIFICATION AND 
              ABATEMENT.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall carry out 
demonstration projects with local government agencies--
            (1) to identify residences or buildings in which multiple 
        lead poisonings have occurred, or to which elevated blood lead 
        levels have been connected, and once such buildings have been 
        identified, to engage in collaborative projects among health 
        departments, housing agencies, other agencies, and relevant 
        nonprofit organizations and community-based groups to abate or 
        remediate exposures to lead hazards in those buildings;
            (2) to ensure coordination between public health, housing, 
        and environmental agencies and research databases to identify 
        residences and buildings in which children from multiple 
        families have been exposed to lead hazards;
            (3) to carry out lead abatement and remediation activities 
        in localities that contain those residences and buildings, 
        which place multiple children at risk for elevated blood lead 
        levels;
            (4) to encourage outreach, screening, and treatment 
        activities for children at those residences and buildings; and
            (5) to accomplish other related goals, as determined by the 
        Secretary.
    (b) Collaboration.--
            (1) In general.--In carrying out subsection (a), the 
        Secretary shall collaborate with--
                    (A) State and local housing agencies;
                    (B) State and local health departments;
                    (C) State Medicaid agencies;
                    (D) State and local environmental agencies; and
                    (E) other appropriate governmental entities, as 
                determined by the Secretary.
            (2) Local government agencies.--The Secretary shall 
        encourage local government agencies to collaborate with 
        appropriate nonprofit organizations and community-based groups 
        to carry out activities under this section.
    (c) Priority.--The Secretary shall give priority in providing 
assistance under this section to communities--
            (1) that contain buildings that pose a significant risk of 
        exposing individuals to lead hazards;
            (2) that have a high incidence and prevalence of elevated 
        blood lead levels among children; and
            (3) that have a demonstrated ability to carry out projects 
        in collaboration with multiple agencies and nongovernmental 
        partners, including community-based organizations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2008 through 2012.

SEC. 5. JOINT TASK FORCE ON LEAD-BASED HAZARDS.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in conjunction with the 
Administrator and the Secretary of Housing and Urban Development, shall 
establish the Joint Task Force on Lead-Based Hazards--
            (1) to evaluate the efforts of the Federal Government to 
        support lead screening, lead poisoning prevention, and lead 
        remediation and abatement activities; and
            (2) to develop a 5-year strategic plan to maximize 
        resources and coordinate activities among lead screening, lead 
        poisoning prevention, and lead remediation and abatement 
        programs of the Federal Government.
    (b) Membership.--The Joint Task Force shall be composed of--
            (1) representatives of the Lead-Based Paint Hazard 
        Reduction and Financing Task Force, or any successor 
        interagency efforts headed by the Department of Housing and 
        Urban Development;
            (2) representatives of the Interagency Task Force on the 
        Prevention of Lead Poisoning, or any successor interagency 
        efforts headed by the Department of Health and Human Services;
            (3) representatives from--
                    (A) the Environmental Protection Agency;
                    (B) the Centers for Disease Control and Prevention;
                    (C) the Department of Housing and Urban 
                Development;
                    (D) the Centers for Medicare & Medicaid Services; 
                and
                    (E) the Consumer Product Safety Commission;
            (4) individuals representing--
                    (A) State and local governments;
                    (B) communities disproportionately affected by lead 
                hazards, as determined by the Secretary; and
                    (C) families that have been exposed to lead 
                hazards;
            (5) individuals with acknowledged expertise in--
                    (A) environmental public health policy;
                    (B) lead inspection, remediation, and abatement;
                    (C) child development and pediatrics;
                    (D) housing; and
                    (E) other related fields, as determined by the 
                Secretary; and
            (6) other appropriate individuals, as determined by the 
        Secretary.
    (c) Non-Duplication.--The Secretary, Administrator, and Secretary 
of Health and Human Services may use existing Federal interagency 
mechanisms to meet the requirements of this section, on the condition 
that the mechanisms conform to all the requirements of this section.
    (d) Report.--
            (1) In general.--Not later than 1 year after the date of 
        the first meeting of the Joint Task Force, the Joint Task Force 
        shall submit to Congress, the Secretary, the Administrator, and 
        the Secretary of Housing and Urban Development, a report 
        containing--
                    (A) an evaluation of every lead poisoning 
                prevention and lead hazard remediation activity of the 
                Federal Government; and
                    (B) recommendations of the Joint Task Force for 
                carrying out a 5-year strategic plan to improve the 
                response of the Federal Government to lead hazards, 
                including recommendations that incorporate and build 
                upon the lead poisoning prevention goals outlined in 
                the initiative of the Department of Health and Human 
                Services known as ``Healthy People 2010''.
            (2) Response.--Not later than 90 days after the date of 
        receipt of the report under paragraph (1), the Secretary, the 
        Administrator, and the Secretary of Housing and Urban 
        Development shall submit to the relevant committees of Congress 
        a report containing the response of the Secretary, the 
        Administrator, and the Secretary of Housing and Urban 
        Development to the recommendations contained in the report 
        under paragraph (1).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 6. TASK FORCE ON CHILDREN'S ENVIRONMENTAL HEALTH AND SAFETY.

    (a) Establishment.--The President, acting through the Secretary and 
in conjunction with the Administrator, shall establish the Task Force 
on Children's Environmental Health and Safety.
    (b) Composition.--The Task Force shall be composed of--
            (1) the Secretary and the Administrator, who shall serve 
        jointly as Co-Chairpersons of the Task Force;
            (2) the Secretary of Education;
            (3) the Secretary of Labor;
            (4) the Attorney General;
            (5) the Secretary of Energy;
            (6) the Secretary of Housing and Urban Development;
            (7) the Secretary of Agriculture;
            (8) the Secretary of Transportation;
            (9) the Director of the Office of Management and Budget;
            (10) the Chairman of the Council on Environmental Quality;
            (11) the Chairman of the Consumer Product Safety 
        Commission;
            (12) the Assistant to the President for Economic Policy;
            (13) the Assistant to the President for Domestic Policy;
            (14) the Director of the Office of Science and Technology 
        Policy; and
            (15) the Chairman of the Council of Economic Advisers.
    (c) Strategic Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Task Force shall submit to the 
        President a strategic plan relating to the improvement of the 
        environmental health and safety of the children of the United 
        States.
            (2) Contents.--The strategic plan under paragraph (1) shall 
        contain--
                    (A) statements of principles, general policies, and 
                targeted annual priorities to assist the Federal 
                Government in protecting the environmental health and 
                safety of the children of the United States;
                    (B) a coordinated research agenda for the Federal 
                Government (including steps to carry out a review of 
                the research databases described in section 4(a)(2));
                    (C) recommendations for encouraging initiatives 
                involving the collaboration of--
                            (i) Federal, State, local, and tribal 
                        governments; and
                            (ii) the private, academic, and nonprofit 
                        sectors;
                    (D) proposals to enhance public outreach and 
                communication that are designed to assist families in--
                            (i) evaluating the risk of lead exposure to 
                        the children of those families; and
                            (ii) making informed consumer choices when 
                        purchasing a residence;
                    (E) an identification of high-priority initiatives 
                that the Federal Government has undertaken or will 
                undertake to improve the protection of the 
                environmental health and safety of the children of the 
                United States; and
                    (F) a statement relating to the desirability of new 
                legislation to ensure the environmental health and 
                safety of the children of the United States.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the Task 
        Force shall submit to the relevant committees of Congress and 
        the President a report that contains research, data, and other 
        information relating to the improvement of the ability of the 
        Federal Government to understand, analyze, and respond to 
        environmental health and safety risks to the children of the 
        United States.
            (2) Requests from designated agencies.--Each agency 
        designated by the Task Force shall submit to the Task Force a 
        request for any research, data, or other information relating 
        to any activity of the agency that addresses environmental 
        health and safety risks to the children of the United States.
            (3) Incorporation of requests.--The Task Force shall 
        incorporate in each report under paragraph (1) each agency 
        request described in paragraph (2) received during the 
        preceding 2-year period.
            (4) Dissemination of report.--The Task Force shall ensure 
        that the research, data, and other information contained in the 
        reports under paragraph (1) are accessible to the public and 
        widely disseminated as the Task Force determines to be 
        appropriate.
            (5) Consideration of report.--The Office of Science and 
        Technology Policy and the National Science and Technology 
        Council shall ensure that each report under paragraph (1) is 
        considered when establishing a research priority.

SEC. 7. OFFICE OF MINORITY HEALTH OUTREACH AND EDUCATION ACTIVITIES.

    (a) In General.--The Secretary, acting through the Deputy Assistant 
Secretary for Minority Health, the Office of Refugee Resettlement, and 
the Centers for Disease Control and Prevention, shall carry out 
culturally appropriate outreach and education activities that are 
designed--
            (1) to raise public awareness of--
                    (A) imported products that contain unsafe levels of 
                lead; and
                    (B) medical practices, including complementary and 
                alternative medical practices, that may result in lead 
                exposure;
            (2) to increase public knowledge of the symptoms of lead 
        exposure;
            (3) to promote efforts to increase the access of the public 
        to blood-lead level screening; and
            (4) to assist families in identifying and seeking medical 
        assistance to prevent and treat lead exposure.
    (b) Consultation.--In carrying out this section, the Secretary 
shall consult with--
            (1) State and local departments of health; and
            (2) community-based organizations, particularly those 
        community-based organizations that represent populations most 
        at risk from exposure to non-paint lead-based hazards.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2008 through 2012.

SEC. 8. PREGNANCY TESTING PILOT PROJECTS.

    (a) In General.--The Secretary, in conjunction with the 
Administrator of the Centers for Medicare & Medicaid Services, shall 
undertake a pilot project in not more than 10 States to provide lead 
poisoning risk assessments, blood-lead level screening, interventions 
to reduce exposure to lead-based hazards, and medically appropriate 
treatment to pregnant women enrolled in the Medicaid program under 
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Allocation of funds.--In allocating funds under the 
        pilot project, the Secretary shall give preference to a State 
        that--
                    (A) provides coverage for prenatal and postpartum 
                services as a part of the Medicaid program of that 
                State;
                    (B) demonstrates significant enrollment of pregnant 
                women in the Medicaid program of that State; and
                    (C) contains buildings that pose a significant risk 
                of exposing individuals to lead hazards.
    (c) Evaluation and Report.--Not later than 3 years after the date 
of enactment of this Act, the Secretary shall--
            (1) evaluate the effectiveness of the pilot program under 
        this section, including an evaluation of--
                    (A) the best practices resulting from the pilot 
                program; and
                    (B) the success of the pilot program in proving 
                increased outreach, education, screening, and treatment 
                to pregnant women; and
            (2) submit to the relevant committees of Congress a report 
        that contains the results of the evaluation.
    (d) Authorizations.--There is authorized to be appropriated to 
carry out this section $5,000,000 for each of fiscal years 2008 through 
2012.

SEC. 9. LEAD-BASED PAINT INSPECTION, RISK ASSESSMENT, AND HAZARD 
              CONTROL BEFORE SALE OR LEASE.

    Section 1018(a)(1) of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (42 U.S.C. 4852d(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon; and
            (2) by striking subparagraph (C), and inserting the 
        following:
                    ``(C) conduct an inspection and risk assessment for 
                the presence of lead-based paint hazards;
                    ``(D) disclose to the purchaser or lessee the 
                results of any such inspection or assessment and hazard 
                control measures carried out under subparagraph (C);
                    ``(E) remediate any lead-based paint hazards found 
                during any inspection or assessment conducted under 
                subparagraph (C); and
                    ``(F) include in any contract for the purchase or 
                lease of housing documentation of any inspection, risk 
                assessment, or hazard control measure carried out under 
                subparagraph (C).''.

SEC. 10. LEAD ABATEMENT IN UNITS WHERE POISONING HAS BEEN FOUND.

    If the primary residence of a child who is less than 6 years of age 
is in a unit of public or private housing, and such child is diagnosed 
by a certified medical practitioner as having contracted lead 
poisoning, the public housing authority or landlord for such residence 
shall--
            (1) immediately temporarily relocate, at the expense of the 
        public housing authority or landlord, the affected family;
            (2) conduct an inspection and risk assessment for the 
        presence of lead-based paint hazards in the unit; and
            (3) if lead is found as a result of the inspection and risk 
        assessment--
                    (A) completely abate the unit in which the child 
                resided; and
                    (B) conduct an inspection and risk assessment for 
                the presence of lead-based paint hazards for all 
                remaining units in the residence and abate lead where 
                found.

SEC. 11. ZERO-BEDROOM APARTMENTS, HOUSING FOR THE ELDERLY, AND HOUSING 
              FOR PERSONS WITH DISABILITIES.

    (a) Definition of Target Housing.--Section 1004(27) of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 
4851b(27)) is amended by striking ``, except housing for the elderly or 
persons with disabilities (unless any child who is less than 6 years of 
age resides or is expected to reside in such housing for the elderly or 
persons with disabilities) or any 0-bedroom dwelling''.
    (b) Amendment to the Toxic Control Substances Act.--Section 401(17) 
of the Toxic Substances Control Act (15 U.S.C. 2681(17)) is amended by 
striking ``, except housing for the elderly or persons with 
disabilities (unless any child who is less than 6 years of age resides 
or is expected to reside in such housing for the elderly or persons 
with disabilities) or any 0-bedroom dwelling''.

SEC. 12. LOW-INCOME HOUSING TAX CREDIT AND LEAD-BASED PAINT HAZARD 
              ABATEMENT.

    (a) In General.--Section 42(m)(1)(B) of the Internal Revenue Code 
of 1986 (defining qualified allocation plan) is amended by striking 
``and'' at the end of clause (ii)(III), by redesignating clause (iii) 
as clause (iv), and by inserting after clause (ii) the following new 
clause:
                            ``(iii) which--
                                    ``(I) requires that with respect to 
                                the allocation of housing credit dollar 
                                amounts to existing buildings in any 
                                calendar year, the housing credit 
                                agency shall allocate not less than 5 
                                percent of such amounts to control 
                                lead-based paint hazards (as defined in 
                                section 745.61 of title 40, Code of 
                                Federal Regulations), and
                                    ``(II) requires the abatement of 
                                all such lead-based paint hazards 
                                consistent with subpart J of part 35 of 
                                title 24, Code of Federal Regulations, 
                                and''.
    (b) Effective Date.--The amendments made by this section shall 
apply to--
            (1) housing credit dollar amounts allocated after December 
        31, 2007, and
            (2) buildings placed in service after such date to the 
        extent paragraph (1) of section 42(h) of the Internal Revenue 
        Code of 1986 does not apply to any building by reason of 
        paragraph (4) thereof, but only with respect to bonds issued 
        after such date.

SEC. 13. LEAD HAZARD CONTROLS DURING WEATHERIZATION PROJECTS.

    In carrying out weatherization programs of the Department of 
Energy, the Secretary of Energy shall require the conduct of lead 
hazard control measures, including a requirement that participants in 
the programs conduct cleanup measures and dust testing for lead after 
completion of any paint-disturbing activities.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS FOR LEAD HAZARD REDUCTION 
              PROGRAM.

    There is authorized to be appropriated to carry out the Lead Hazard 
Reduction Program of the Department of Housing and Urban Development 
$230,000,000 for each of fiscal years 2008 through 2010.
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