[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7165 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7165

 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 HOUSE OF REPRESENTATIVES

                             March 18, 2022

 Mr. McEachin (for himself, Ms. Pressley, and Mr. Garcia of Illinois) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 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 
2022''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) according to the Centers for Disease Control and 
        Prevention (CDC), on average between 2011 and 2016, 
        approximately 590,000 or 2.5 percent of children under the age 
        of 6 in the United States had elevated blood lead levels above 
        the CDC reference value of 3.5 micrograms per deciliter (mg/
        dL);
            (2) there is no safe blood lead level in children;
            (3) according to the CDC, the effects of lead poisoning are 
        immediate and permanent--childhood exposure to lead, even at 
        very low levels, can have lifelong consequences, including 
        decreased IQ and cognitive function, developmental delays, and 
        behavioral problems;
            (4) higher exposures to lead at a young age can cause 
        seizures, coma, and even death;
            (5) under current law, children whose families participate 
        in the Housing Choice Voucher Program must have been identified 
        as having an elevated blood lead exceeding 3.5 micrograms per 
        deciliter, as established by the CDC, or exhibit symptoms of 
        lead poisoning before a lead hazard risk assessment occurs; and
            (6) while some localities have required property owners to 
        conduct risk assessments and abate lead when a child under the 
        age of 6 will reside in a dwelling unit, the Massachusetts Fair 
        Housing Center recently sued the Massachusetts Department of 
        Public Health for instituting such a policy that the Fair 
        Housing Center argues led to augmented instances of housing 
        discrimination on the basis of familial status, as defined by 
        section 802 of the Fair Housing Act (42 U.S.C. 3602(k)), making 
        housing opportunities less available for families with children 
        and increasing the risk of homelessness for such families.

SEC. 3. 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) Covered housing defined.--In this 
                        subparagraph, the term `covered housing'--
                                    ``(I) means housing receiving 
                                Federal financial assistance described 
                                in paragraph (1) that--
                                            ``(aa) was constructed 
                                        prior to 1978; and
                                            ``(bb)(AA) is public 
                                        housing (as such term is 
                                        defined in section 3(b) of the 
                                        United States Housing Act of 
                                        1937 (42 U.S.C. 1437a(b)));
                                            ``(BB) receives project-
                                        based rental assistance under 
                                        section 8 of the United States 
                                        Housing Act of 1937 (42 U.S.C. 
                                        1437f);
                                            ``(CC) receives assistance 
                                        under the Housing Opportunities 
                                        for Persons With AIDS under 
                                        subtitle D of title VIII of the 
                                        Cranston-Gonzalez National 
                                        Affordable Housing Act (42 
                                        U.S.C. 12901 et seq.); or
                                            ``(DD) receives assistance 
                                        under the Supportive Housing 
                                        for Persons With Disabilities 
                                        under section 811 of the 
                                        Cranston-Gonzalez National 
                                        Affordable Housing Act (42 
                                        U.S.C. 8013); 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 financial 
                                                assistance.

                            ``(ii) Regulations.--Not later than 180 
                        days after the date of enactment of the Lead-
                        Safe Housing for Kids Act of 2022, 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 
                                        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
                                            ``(bb) in the case of 
                                        covered housing not described 
                                        in item (aa), 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, subject to 
                                subclause (III), if lead-based paint 
                                hazards are identified by an initial 
                                risk assessment conducted under 
                                subclause (I), the public housing 
                                agency, grantee, or 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, or with 
                                        regulations promulgated under 
                                        this section, as applicable; 
                                        and
                                            ``(bb) provide notice to 
                                        all residents in the covered 
                                        housing, 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) which notice shall be 
                                        provided in accessible and 
                                        alternative formats consistent 
                                        with the requirements under 
                                        section 504 of the 
                                        Rehabilitation Act of 1973, the 
                                        Americans with Disabilities Act 
                                        of 1990, and title VI of the 
                                        Civil Rights Act of 1964;
                                    ``(IV) provide that, to the extent 
                                that the requirements under items (aa) 
                                and (bb) of subclause (III) result in 
                                additional costs, such items shall be 
                                effective and apply only to the extent 
                                that amounts to cover such additional 
                                costs are provided in advance in 
                                appropriation Acts; and
                                    ``(V) 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 public housing agency, 
                                grantee, or the owner of the covered 
                                housing submits to the Secretary 
                                documentation--
                                            ``(aa) that the public 
                                        housing agency, grantee, or 
                                        owner conducted a risk 
                                        assessment of the covered 
                                        housing for lead-based paint 
                                        hazards during the 12-month 
                                        period, or a reevaluation of 
                                        the covered housing, including 
                                        after any lead-based paint 
                                        hazards have been controlled, 
                                        during the 24-month period 
                                        preceding the date on which the 
                                        family is expected to reside in 
                                        the covered housing; for 
                                        purposes of this item, the term 
                                        `reevaluation' means an 
                                        activity performed by a risk 
                                        assessor certified under 
                                        sections 402 or 404 of the 
                                        Toxic Substances Control Act 
                                        (15 U.S.C. 2682, 2684), as 
                                        applicable, subsequent to an 
                                        initial risk assessment and to 
                                        completion of any resulting 
                                        lead-based paint hazard control 
                                        measures, including a visual 
                                        assessment of painted surfaces 
                                        for deterioration and limited 
                                        dust and soil sampling, where 
                                        lead-based paint is still 
                                        present; and
                                            ``(bb) that clearance of 
                                        lead-based paint hazard control 
                                        work resulting from the risk 
                                        assessment described in item 
                                        (aa) has been achieved in 
                                        accordance with clause (II) or 
                                        with regulations promulgated 
                                        under this section, as 
                                        applicable;
                                    ``(II) from which all lead-based 
                                paint hazards have 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, or 
                                with regulations promulgated under this 
                                section, as applicable;
                                    ``(III)(aa) if the dwelling unit is 
                                unoccupied;
                                    ``(bb) if the public housing 
                                agency, grantee, or the owner of the 
                                covered housing, without any further 
                                delay in occupancy or increase in rent, 
                                provides the family with another 
                                comparable dwelling unit in the covered 
                                housing that has no lead-based paint 
                                hazards; and
                                    ``(cc) if the common areas 
                                servicing the new dwelling unit have no 
                                lead-based paint hazards; and
                                    ``(IV) if the covered housing is in 
                                compliance with the schedule for risk 
                                assessment under the program under 
                                which assistance is provided for the 
                                housing and such schedule provides that 
                                the period of time between the most 
                                recent assessment and the next 
                                assessment will not exceed 24 months.
                    ``(B) Relocation.--Not later than 180 days after 
                the date of enactment of the Lead-Safe Housing for Kids 
                Act of 2022, 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 waiting 
                list, penalty (including rent payments to be made for 
                that dwelling unit), or lapse in assistance to another 
                dwelling unit in covered housing that has no lead-based 
                paint hazards. Relocation shall be performed consistent 
                with the standards set forth under the Uniform 
                Relocation Assistance and Real Property Acquisition Act 
                of 1970 and any other applicable Federal civil rights, 
                fair housing, and nondiscrimination laws.''.

SEC. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Housing and Urban Development 
shall establish and implement a demonstration program under which--
            (1) an owner of a dwelling for which tenant-based rental 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f) is provided and in which a child of less 
        than 6 years of age will reside or is expected to reside shall 
        conduct, and cover the costs of, an initial risk assessment for 
        lead-based paint hazards in such housing;
            (2) the Secretary shall cover the costs of abatement of any 
        lead-based paint hazards identified pursuant to risk 
        assessments paid for as provided under paragraph (1); and
            (3) the owner of any dwelling unit for which abatement 
        activities are conducted pursuant to paragraph (2) is required, 
        for a period to be determined by the Secretary based on the 
        cost or percentage of the cost of such abatement activities 
        covered by the Secretary, to rent the dwelling unit only to a 
        household assisted with tenant-based rental assistance under 
        such section 8.
    (b) Procedures and Requirements.--Under the demonstration program, 
the Secretary shall establish procedures and requirements with respect 
to housing covered by the demonstration program that are similar to the 
procedures and requirements applicable under paragraph (1) of section 
302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 
4822(a)(1)) to housing covered by such paragraph, except as otherwise 
modified by this section.
    (c) Geographical Diversity.--The Secretary shall carry out the 
demonstration program under this section in a variety of locations 
having high rates of lead poisoning, including urban areas and rural 
areas, in a manner that ensures geographically diversity of housing 
assisted under the program.
    (d) Consultation.--Public housing agencies providing rental 
assistance for dwelling units participating in the demonstration 
program under this section shall consult local public health agencies 
for records if such dwelling units had a previous history of lead 
poisoning.
    (e) Monitoring; Reporting.--
            (1) Monitoring.--The Secretary shall monitor the extent of 
        owner compliance and participation under the demonstration 
        program under this section and shall assess the relationships 
        between the period of affordability required under subsection 
        (a)(2), the amount or portion of the cost of abatement 
        activities covered by the Secretary pursuant to such 
        subsection, and the level of participation in the demonstration 
        program by landlords.
            (2) Annual reports.--The Secretary shall submit a report 
        annually to the Congress on landlord compliance and 
        participation in the demonstration program. Each such report 
        shall--
                    (A) identify any changes in the rate of owner 
                compliance and participation from year to year and from 
                immediately before the implementation of the 
                demonstration program to the time of such report; and
                    (B) include an analysis of whether discrimination 
                occurred on the basis of race, color, religion, sex, 
                disability, familial status, or national origin in 
                violation of the Fair Housing Act in dwelling units to 
                be assisted with tenant-based rental assistance under 
                section 8 of the United States Housing Act of 1937.
            (3) Involvement of office of fair housing and equal 
        opportunity.--In conducting monitoring pursuant to paragraph 
        (1) and preparing reports pursuant to paragraph (2), the 
        Secretary shall involve and consult with the Office of Fair 
        Housing and Equal Opportunity.
            (4) Final report.--Not later than the expiration of the 6-
        month period beginning upon the termination of the 
        demonstration program under subsection (i), the Secretary shall 
        submit a final report on the program to the Congress that shall 
        include the following information:
                    (A) Annual report information.--All information 
                required to be submitted pursuant to paragraph (2) in 
                each annual report under such paragraph.
                    (B) Effectiveness in preventing lead poisoning.--
                Identification of--
                            (i) the overall number of dwelling units 
                        where a risk assessment identified a lead 
                        hazard before a child under age six occupied 
                        the unit; and
                            (ii) if feasible, for each dwelling with 
                        such an identified lead hazard--
                                    (I) whether the unit had visual 
                                signs of a lead hazard or had 
                                previously passed a visual inspection; 
                                and
                                    (II) any documented cases of lead 
                                poisoning in children previously 
                                residing in the dwelling unit.
                    (C) Actual cost.--Identification of--
                            (i) the actual cost of conducting pre-
                        occupancy risk assessments of dwelling units, 
                        including the varying cost based on the age, 
                        building type, and location of the unit;
                            (ii) the actual cost of lead-based paint 
                        hazard control activities conducted after a 
                        risk assessment that indicated the presence of 
                        a lead-based paint hazard in the participating 
                        units; and
                            (iii) the actual cost of the clearance 
                        examination conducted after completion of lead-
                        based paint hazard control activities.
                    (D) Participating tenants.--Identification of--
                            (i) the number, age, race, and ethnicity of 
                        children who would have lived in dwelling units 
                        where a lead hazard was discovered after a pre-
                        occupancy risk assessment; and
                            (ii) the number, age, race, and ethnicity 
                        of children residing in dwelling units in 
                        buildings in which a participating dwelling 
                        unit having a lead-based paint hazard is 
                        located.
                    (E) Participating units.--Identification of--
                            (i) the age of participating dwelling 
                        units;
                            (ii) the block in which participating units 
                        are located and, if not available, the census 
                        tract in which participating units are located;
                            (iii) the type of building in which 
                        participating units are located; and
                            (iv) the number of participating units in 
                        which a lead-based paint hazard was discovered.
                    (F) Risk assessments.--Identification of--
                            (i) the number of lead-based paint risk 
                        assessors available in each locality to conduct 
                        risk assessments under the program;
                            (ii) the amount of time elapsed from making 
                        of a request for a risk assessment until 
                        completion of the assessment; and
                            (iii) the public housing agency employing 
                        each lead-based paint risk assessor.
    (f) Public Availability of Information.--The Secretary shall make 
information collected pursuant to the demonstration program under this 
section publicly available on the website of the Department in a manner 
that does not provide any personally identifiable information regarding 
individuals or households participating in the program.
    (g) Definitions.--For purposes of this section, the terms ``risk 
assessment'', ``inspection'', ``interim controls'', and ``lead-based 
paint hazard'' have the same meaning given such terms in section 1004 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
U.S.C. 4851b).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for fiscal years 2023 through 2027 to carry 
out this section.
    (i) Termination.--The demonstration program established under this 
section shall terminate 6 years after the date of the enactment of this 
Act.

SEC. 5. RISK ASSESSMENTS.

    Paragraph (25) of section 1004 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992 (42 U.S.C. 4851b(25)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (G); 
        and
            (2) by striking subparagraphs (C) and (D) and inserting the 
        following new subparagraphs:
                    ``(C) dust sampling;
                    ``(D) soil sampling;
                    ``(E) paint testing;
                    ``(F) water testing; and''.

SEC. 6. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND 
              LEAD-BASED PAINT.

    Subtitle F of title V of the Quality Housing and Work 
Responsibility Act of 1998 is amended--
            (1) in section 578(c) (42 U.S.C. 13663(c)), by striking 
        ``section 579(a)(2)'' and inserting ``section 580(a)(2)'';
            (2) by redesignating section 579 (42 U.S.C. 13664) as 
        section 580; and
            (3) by inserting after section 578 (42 U.S.C. 13663) the 
        following new section:

``SEC. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS 
              AND LEAD-BASED PAINT.

    ``(a) Required Provision.--The Secretary shall require each public 
housing agency, grantee, and owner of housing described in subsection 
(d) to provide written notice, consistent with Federal civil rights, 
fair housing, and nondiscrimination requirements, under subsection (b) 
to each--
            ``(1)(A) applicant who is selected from the waiting list 
        for admission to such federally assisted housing or to such a 
        federally assisted housing program; and
            ``(B) assisted family who moves to a different such 
        federally assisted housing dwelling unit; and
            ``(2) whose household at the time of such selection or 
        move, includes a child of less than 6 years of age who will 
        reside or is expected to reside in such housing.
    ``(b) Contents; Timing.--Written notice under this subsection shall 
be in the form developed under subsection (c) that is provided at the 
time of the selection or move, as applicable, described in subsection 
(a)(1), that includes information sufficient to describe to the 
applicant or assisted family--
            ``(1) the adverse health effects lead poisoning can have on 
        children under 6 years old;
            ``(2) their rights under the Fair Housing Act, the 
        Americans with Disabilities Act (42 U.S.C. 12101 et seq.), 
        section 504 of the Rehabilitation Act (29 U.S.C. 794), title VI 
        of the Civil Rights Act (42 U.S.C. 2000d et seq.), and other 
        applicable State or local laws regarding fair housing, 
        including how to file complaints of housing discrimination 
        under such Acts and laws;
            ``(3) the extent of the public housing agency's, grantee's, 
        and owner's, as applicable, responsibility to ensure that their 
        housing is controlled for lead-based paint;
            ``(4) that the rights described pursuant to paragraph (2) 
        should not limit the ability of the applicant or assisted 
        family to secure federally assisted housing based on the Fair 
        Housing Act, the Americans with Disabilities Act (42 U.S.C. 
        12101), section 504 of the Rehabilitation Act (29 U.S.C. 794), 
        or title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.) 
        under such paragraph; and
            ``(5) that all children enrolled in Medicaid, including 
        children enrolled for medical assistance under a State plan 
        under title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.) (or a waiver of such a plan) and children enrolled for 
        child health assistance under a State child health plan under 
        title XXI of such Act (42 U.S.C. 1397aa et seq.) (or a waiver 
        of such a plan), are required to receive blood lead screening 
        tests at ages 12 months and 24 months and that, in addition, 
        any child between 24 and 72 months with no record of a previous 
        blood lead screening test must receive such a screening test.
    ``(c) Standard Form.--The Secretary, in consultation with the 
Secretary of Health and Human Services, and the Administrator of the 
Environmental Protection Agency, shall develop a standard form of the 
notice required under this section that complies with all of the 
requirements of this section and shall make such standard form 
available to public housing agencies, grantees, and owners of federally 
assisted housing to facilitate compliance with the requirements of this 
section.
    ``(d) Covered Housing Programs.--Housing described in this 
subsection is housing that is--
            ``(1) specified in subparagraph (A), (B), (C), or (F) of 
        section 580(a)(1); or
            ``(2) assisted under the Housing Opportunities for Persons 
        With AIDS under subtitle D of title VIII of the Cranston-
        Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et 
        seq.).''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2023 through 2027 for--
            (1) covering administrative, testing, and abatement costs 
        of public housing agencies, grantees, and other owners of 
        covered housing in complying with such amendments, including 
        cost of providing notice under section 
        302(a)(4)(A)(ii)(III)(bb) of the Lead-Based Paint Poisoning 
        Prevention Act (as added by the amendment made by section 3(2) 
        of this Act) and section 579 of the Quality Housing and Work 
        Responsibility Act of 1998 (as added by section 6(3) of this 
        Act);
            (2) costs of the Department of Housing and Urban 
        Development for training individuals to conduct risk 
        assessments to be conducted under section 302(a) of the Lead-
        Based Paint Poisoning Prevention Act and under the 
        demonstration program under section 4 of this Act;
            (3) the Office of Fair Housing and Equal Opportunity of the 
        Department of Housing and Urban Development--
                    (A) for carrying out a national education campaign 
                regarding lead-based paint and Fair Housing Act 
                protections and for tenant outreach and owner 
                engagement; and
                    (B) for enforcement activities, including 
                activities under the Fair Housing Initiatives Program 
                under section 561 of the Housing and Community 
                Development Act of 1987 (42 U.S.C. 3616a); and
            (4) the Secretary of Housing and Urban Development to 
        conduct a study of a strategy for the abatement by removal of 
        lead-based paint from all assisted and unassisted housing that 
        is phased in over time.
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