Short title

This Act may be cited as the

Lead Elimination, Abatement, and Poisoning Prevention Act of 2007

or the

LEAPP Act of 2007

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.

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).

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.