[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1860 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1860

 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 26, 2021

Mr. Durbin (for himself, Mr. Scott of South Carolina, Mr. Menendez, Mr. 
Portman, Ms. Duckworth, Mr. Young, Ms. Smith, and Mr. Kaine) 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 
2021''.

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 2021, 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) if--
                                            ``(aa) 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 2021, 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 subparagraph (A)(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 2 such sums as may be necessary for each of fiscal 
years 2022 through 2026.
                                 <all>