I 111th CONGRESS 2d Session H. R. 5835 IN THE HOUSE OF REPRESENTATIVES July 22, 2010 Mr. Ellison (for himself and Mr. Brady of Pennsylvania) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the use of subpoenas by the Office of Healthy Homes and Lead Hazard Control of the Department of Housing and Urban Development in investigations of potential violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992.

1.

Short title

This Act may be cited as the Improving Lead-Based Paint Investigations Act of 2010.

2.

Subpoena authority for the lead disclosure rule

Subsection (a) of section 1018 of Subtitle A, of Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), is amended by adding at the end the following new paragraph: (6)

Authority of Secretary

(A)

Investigations

The Secretary is authorized to conduct such investigations as may be necessary to administer and carry out the duties of the Secretary under this section. The Secretary is authorized to administer oaths and require by subpoena the production of documents, and the attendance and testimony of witnesses as the Secretary deems advisable. Nothing contained in this subparagraph shall prevent the Administrator of the Environmental Protection Agency from exercising authority under the Toxic Substances Control Act or this Act. (B)

Enforcement

Any district court of the United States within the jurisdiction of which an inquiry is carried, on application of the Attorney General, may, in the case of contumacy, failure, or refusal to obey a subpoena of the Secretary issued under this section, issue an order requiring such entry or such compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof. .