[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1583 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1583
To amend the Lead-Based Paint Poisoning Prevention Act to provide for
additional procedures for families with children under the age of 6,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2019
Mr. Durbin (for himself, Mr. Scott of South Carolina, Mr. Menendez, Mr.
Young, Ms. Duckworth, Mr. Portman, Mr. Kaine, and Ms. Smith) introduced
the following bill; which was read twice and referred to the Committee
on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Lead-Based Paint Poisoning Prevention Act to provide for
additional procedures for families with children under the age of 6,
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
2019''.
SEC. 2. 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--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Additional procedures for families with children
under the age of 6.--
``(A) Risk assessment.--
``(i) Definition.--In this subparagraph,
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 under the National
Housing Act (12 U.S.C. 1701 et
seq.); or
``(bb) multi-family housing
that--
``(AA) is covered
by an application for
mortgage insurance
under the National
Housing Act (12 U.S.C.
1701 et seq.); and
``(BB) does not
receive any other
Federal housing
assistance.
``(ii) Regulations.--Not later than 180
days after the date of enactment of the Lead-
Safe Housing for Kids Act of 2019, the
Secretary shall promulgate regulations that--
``(I) require the owner of covered
housing in which a family with a child
of less than 6 years of age will reside
or is expected to reside to conduct an
initial risk assessment for lead-based
paint hazards--
``(aa) in the case of
covered housing receiving
tenant-based rental assistance
under section 8 of the United
States Housing Act of 1937 (42
U.S.C. 1437f), not later than
15 days after the date on which
the family and the owner submit
a request for approval of a
tenancy or lease renewal,
whichever occurs first;
``(bb) in the case of
covered housing receiving
public housing assistance under
the United States Housing Act
of 1937 (42 U.S.C. 1437 et
seq.) or project-based rental
assistance under section 8 of
the United States Housing Act
of 1937 (42 U.S.C. 1437f), not
later than 15 days after the
date on which a physical
condition inspection occurs;
and
``(cc) in the case of
covered housing not described
in item (aa) or (bb), not later
than a date established by the
Secretary;
``(II) provide that a visual
assessment alone is not sufficient for
purposes of complying with subclause
(I);
``(III) require that, if lead-based
paint hazards are identified by an
initial risk assessment conducted under
subclause (I), the owner of the covered
housing shall--
``(aa) not later than 30
days after the date on which
the initial risk assessment is
conducted, control the lead-
based paint hazards, including
achieving clearance in
accordance with regulations
promulgated under section 402
or 404 of the Toxic Substances
Control Act (15 U.S.C. 2682,
2684), as applicable; and
``(bb) provide notice to
all residents in the covered
housing affected by the initial
risk assessment, and provide
notice in the common areas of
the covered housing, that lead-
based paint hazards were
identified and will be
controlled within the 30-day
period described in item (aa);
and
``(IV) provide that there shall be
no extension of the 30-day period
described in subclause (III)(aa).
``(iii) Exceptions.--The regulations
promulgated under clause (ii) shall provide an
exception to the requirement under subclause
(I) of such clause for covered housing--
``(I) if the owner of the covered
housing submits to the Secretary
documentation--
``(aa) that the owner
conducted a risk assessment of
the covered housing for lead-
based paint hazards during the
12-month period preceding the
date on which the family is
expected to reside in the
covered housing; and
``(bb) of any clearance
examinations of lead-based
paint hazard control work
resulting from the risk
assessment described in item
(aa);
``(II) from which all lead-based
paint has been identified and removed
and clearance has been achieved in
accordance with regulations promulgated
under section 402 or 404 of the Toxic
Substances Control Act (15 U.S.C. 2682,
2684), as applicable;
``(III)(aa) if lead-based paint
hazards are identified in the dwelling
unit in the covered housing in which
the family will reside or is expected
to reside;
``(bb) the dwelling unit is
unoccupied;
``(cc) the owner of the covered
housing, without any further delay in
occupancy or increase in rent, provides
the family with another dwelling unit
in the covered housing that has no
lead-based paint hazards; and
``(dd) the common areas servicing
the new dwelling unit have no lead-
based paint hazards; and
``(IV) in accordance with any other
standard or exception the Secretary
deems appropriate based on health-based
standards.
``(B) Relocation.--Not later than 180 days after
the date of enactment of the Lead-Safe Housing for Kids
Act of 2019, 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 in which lead-based paint hazards were
identified, but not controlled in accordance with
regulations required under clause (ii), may relocate on
an emergency basis and without placement on any
waitlist, penalty (including rent payments to be made
for that dwelling unit), or lapse in assistance to--
``(i) a dwelling unit that was constructed
in 1978 or later; or
``(ii) another dwelling unit in covered
housing that has no lead-based paint
hazards.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the amendments
made by section two such sums as may be necessary for each of fiscal
years 2020 through 2024.
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