[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4047 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4047

 To improve the removal of lead from drinking water in public housing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2022

  Ms. Duckworth (for herself and Mr. Young) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To improve the removal of lead from drinking water in public housing.

    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 ``Get the Lead Out of Assisted Housing 
Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (3) Lead service line.--The term ``lead service line'' has 
        the meaning given the term in section 1459B(a) of the Safe 
        Drinking Water Act (42 U.S.C. 300j-19b(a)).
            (4) Pilot program.--The term ``pilot program'' means the 
        program for providing grants established under section 6(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) lead is a dangerous neurotoxin that can permanently 
        impact brain development, especially in young children;
            (2) the Centers for Disease Control and Prevention, the 
        Environmental Protection Agency, the American Association of 
        Pediatrics, and many other entities have determined that there 
        is no safe level of lead exposure;
            (3) for vulnerable populations like young children, 
        pregnant mothers, and the elderly, exposure to lead can be life 
        altering;
            (4) evidence is mounting that the lead in drinking water 
        problem in the United States is grossly underestimated and 
        inadequately addressed;
            (5) according to the Environmental Protection Agency, lead 
        service lines are the single largest source of lead in drinking 
        water; and
            (6) partial lead service line replacement, where only a 
        portion of a lead service line is replaced, can increase lead 
        exposure.

SEC. 4. UNIFORM PHYSICAL CONDITION STANDARDS.

    The Secretary, in consultation with the Administrator, shall amend 
the physical condition standards set forth in section 5.703 of title 
24, Code of Federal Regulations, to require that--
            (1) the entities responsible for maintaining housing 
        inspect building systems to determine, using tests that 
        incorporate the best available technology and science, if--
                    (A) there are lead service lines; or
                    (B) there is lead in the interior plumbing; and
            (2) if a lead service line is found or lead is found in a 
        service line that connects to the interior plumbing of the 
        housing at the water meter, the entity responsible for 
        maintaining the housing shall--
                    (A) not later than 1 day after the date on which 
                the lead is found, notify each tenant of the housing 
                that the lead was found and of precautions that should 
                be taken to reduce exposure;
                    (B) disclose that information within 30 days to any 
                drinking water provider relevant to the housing;
                    (C) provide necessary interim measures to reduce 
                exposure to the lead, such as water filters designed to 
                remove lead and other innovative technologies, based on 
                guidance from the Administrator; and
                    (D) prohibit the partial replacement of lead 
                service lines.

SEC. 5. AUTHORITY TO INSPECT ALL SOURCES OF LEAD.

    The Secretary may inspect all sources of lead contamination in 
housing assisted by a program of the Department and work in 
coordination with the Environmental Protection Agency to mitigate 
sources of lead exposure, including as a result of water from the 
public water supply, and ambient air levels, or industrial emissions.

SEC. 6. HEALTHY HOMES LEAD IN DRINKING WATER PILOT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall begin providing 
        grants to State and local governments responsible for 
        developing consolidated plans under part 91 of title 24, Code 
        of Federal Regulations.
            (2) Purpose.--The Secretary shall design the grants under 
        the pilot program to--
                    (A) identify lead service lines and other sources 
                of lead in drinking water serving housing units and 
                take steps to remediate those threats; and
                    (B) optimize corrosion control treatment in public 
                water systems serving housing units.
    (b) Activities.--A State or local government receiving a grant 
under the pilot program shall prioritize the following activities:
            (1) Creating an inventory of lead service lines, which 
        shall--
                    (A) be published on the website of the State or 
                local government; and
                    (B) involve--
                            (i) working with public water systems (as 
                        defined in section 1401 of the Safe Drinking 
                        Water Act (42 U.S.C. 300f)) that may have a 
                        similar inventory;
                            (ii) inspecting for lead service lines at 
                        their entry point into a building using methods 
                        that do not disturb the pipe;
                            (iii) conducting an inspection of visible 
                        pipes at all access points; and
                            (iv) prioritizing buildings based on the 
                        age of the building, historical records, and 
                        the size of the service line.
            (2) Testing for lead in the drinking water at child care 
        facilities and schools, providing interim measures to reduce 
        exposure to the lead, and providing remediation, when 
        appropriate.
            (3) Testing for lead in the drinking water at water 
        fountains in public facilities, providing interim measures to 
        reduce exposure to the lead, and providing remediation, when 
        appropriate.

SEC. 7. HEALTHY HOMES AND LEAD HAZARD CONTROL OFFICE.

    (a) In General.--The Office of Lead Hazard Control and Healthy 
Homes of the Department shall, when providing grants for lead-based 
paint hazard reduction in target housing under section 1011 of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 
4852)--
            (1) ensure that testing for lead in drinking water is 
        conducted;
            (2) require notification of tenants of the level of lead in 
        drinking water found; and
            (3) offer interim controls, such as the installation of 
        water filters known to remove lead.
    (b) Use of Funds for Replacement.--The Secretary shall allow 
recipients of assistance from the Office of Lead Hazard Control and 
Healthy Homes of the Department or another program of the Department to 
use the funds to replace leaded water fixtures and lead service lines.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out this Act.
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