[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2631 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2631

To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 
 to define environmental intervention blood lead level, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2016

  Mr. Durbin (for himself and Mr. Menendez) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 
 to define environmental intervention blood lead level, 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 
2016''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Department'' means the Department of Housing 
        and Urban Development;
            (2) the term ``housing receiving Federal assistance''--
                    (A) means housing that--
                            (i) except as provided in subparagraph (B), 
                        is covered by an application for mortgage 
                        insurance from the Department;
                            (ii) receives housing assistance payments 
                        under a program administered by the Department; 
                        or
                            (iii) otherwise receives more than $5,000 
                        in project-based assistance under a Federal 
                        housing program administered by a Federal 
                        agency other than the Department; and
                    (B) does not include--
                            (i) single-family housing covered by an 
                        application for mortgage insurance from the 
                        Federal Housing Administration; or
                            (ii) multi-family housing that--
                                    (I) is covered by an application 
                                for mortgage insurance from the Federal 
                                Housing Administration; and
                                    (II) does not receive any other 
                                Federal housing assistance;
            (3) the term ``public housing agency'' means an agency 
        described in section 3(b)(6) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(6)); and
            (4) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.

SEC. 3. UPDATES TO LEAD-CONTAMINATED DUST AND LEAD-CONTAMINATED SOIL 
              STANDARDS.

    (a) EPA Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency, in consultation with the Director of the Centers for 
Disease Control and Prevention, shall promulgate regulations to update 
the standards for lead-contaminated dust and lead-contaminated soil 
under part 745 of title 40, Code of Federal Regulations, in accordance 
with health-based standards.
    (b) HUD Regulations.--The Secretary shall promptly promulgate 
regulations to update the standards for lead-contaminated dust and 
lead-contaminated soil under part 35 of title 24, Code of Federal 
Regulations, in accordance with the regulations promulgated by the 
Administrator of the Environmental Protection Agency under subsection 
(a).

SEC. 4. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT 
              OF 1992.

    (a) In General.--Section 1004 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended--
            (1) by redesignating paragraphs (6) through (27) as 
        paragraphs (7) through (28), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) Elevated blood lead level.--The term `elevated blood 
        lead level' means the lower of--
                    ``(A) 5 mg/dL (micrograms of lead per deciliter); 
                or
                    ``(B) the most recent definition for elevated blood 
                lead level or reference range level in children ages 1 
                through 5 years set by the Centers for Disease Control 
                and Prevention.''; and
            (3) in paragraph (28), as so redesignated, by striking ``or 
        any 0-bedroom dwelling''.
    (b) Relation to Other Authorities.--Nothing in this Act or the 
amendments made by this Act shall be construed to affect the authority 
of the Environmental Protection Agency under section 403 of the Toxic 
Substances Control Act (15 U.S.C. 2683).
    (c) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall amend the regulations of the 
Department to comply with the amendments made by subsection (a).

SEC. 5. 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 by adding at the end the following:
            ``(5) Additional procedures for families with children 
        under the age of 6.--
                    ``(A) Risk assessment.--
                            ``(i) Definition.--In this section, the 
                        term `covered housing'--
                                    ``(I) means housing receiving 
                                Federal assistance described in 
                                paragraph (1) that was constructed 
                                prior to 1978; and
                                    ``(II) does not include--
                                            ``(aa) single-family 
                                        housing covered by an 
                                        application for mortgage 
                                        insurance from the Federal 
                                        Housing Administration; or
                                            ``(bb) multi-family housing 
                                        that--

                                                    ``(AA) is covered 
                                                by an application for 
                                                mortgage insurance from 
                                                the Federal Housing 
                                                Administration; and

                                                    ``(BB) does not 
                                                receive any other 
                                                Federal housing 
                                                assistance.

                            ``(ii) Regulations.--Not later than 120 
                        days after the date of enactment of the Lead-
                        Safe Housing for Kids Act of 2016, the 
                        Secretary shall promulgate regulations that--
                                    ``(I) require an initial risk 
                                assessment for all covered housing in 
                                which a family with a child of less 
                                than 6 years of age will reside or be 
                                expected to reside for lead-based paint 
                                hazards prior to occupancy by the 
                                family; and
                                    ``(II) provide that a visual 
                                assessment is not sufficient for 
                                purposes of complying with subclause 
                                (I).
                            ``(iii) Exception.--The regulations 
                        promulgated under clause (ii) shall provide an 
                        exception to the requirement under subclause 
                        (I) of such clause for covered housing--
                                    ``(I) from which all lead-based 
                                paint has been identified and removed 
                                and clearance has been achieved in 
                                accordance with section 402 or 404 of 
                                the Toxic Substances Control Act (15 
                                U.S.C. 2682 and 2684), as applicable; 
                                or
                                    ``(II) in accordance with any other 
                                standard or exception the Secretary 
                                deems appropriate.
                    ``(B) Relocation.--Not later than 120 days after 
                the date of enactment of the Lead-Safe Housing for Kids 
                Act of 2016, 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 may relocate on an emergency basis, and without 
                placement on any waitlist, penalty, or lapse in 
                assistance, to another unit of covered housing that has 
                no lead-based paint hazards if--
                            ``(i) lead-based paint hazards were 
                        identified in the dwelling unit; or
                            ``(ii)(I) lead-based hazards were 
                        identified in the dwelling unit; and
                            ``(II) the blood lead level for the child 
                        is an elevated blood lead level, as defined in 
                        section 1004(6) of the Residential Lead-Based 
                        Paint Hazard Reduction Act of 1992 (42 U.S.C. 
                        4851b(6)).''.

SEC. 6. GAO REPORTS ON LEAD HAZARDS IN FEDERALLY ASSISTED HOUSING.

    (a) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress an initial report on lead hazards in housing 
receiving Federal assistance, which shall analyze the implications of--
            (1) changing Department regulations to align with the 
        Centers for Disease Control and Prevention guidance; and
            (2) requiring a risk assessment (beyond a visual 
        assessment) for initial and periodic inspections for lead-based 
        paint hazards for all housing receiving Federal assistance, and 
        the impact it would have on landlord participation and the 
        stock of affordable housing.
    (b) Subsequent Report.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on lead hazards in housing receiving 
Federal assistance, which shall--
            (1) analyze whether existing Federal programs and Federal 
        funding for lead hazard control activities in housing receiving 
        Federal assistance meet the current and evolving needs, and if 
        not, the merits of identifying and providing dedicated funds 
        within new or existing Federal programs to conduct lead hazard 
        control activities;
            (2) evaluate the financial and social cost of lead-based 
        paint hazard prevention and lead hazard control activities, and 
        provide recommendations on how to improve coordination and 
        leveraging of public and private funds, including private 
        investments and tax incentives, to reduce the cost associated 
        with the identification and remediation of lead hazards and 
        expedite home remediation;
            (3) identify existing partnerships with public housing 
        agencies and public health agencies in addressing lead-based 
        paint hazards, what gaps exist in compliance and enforcement, 
        and whether the partnerships can be replicated and enhanced 
        with dedicated funding and better data collection and 
        dissemination among stakeholders; and
            (4) examine the appropriateness and efficacy of existing 
        Department protocols on reducing or abating lead-based paint 
        hazards and whether they are aligned with specific 
        environmental health scenarios to ensure the best and 
        appropriate health outcomes and reduce further exposure.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act and 
the amendments made by this Act such sums as may be necessary for each 
of fiscal years 2017 through 2021.
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