[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4210 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4210

 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

                             April 30, 2024

 Mr. Durbin (for himself 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 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 
2024''.

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) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting after ``mortgage insurance'' the following: 
        ``, tenant-based rental assistance under section 8(o) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o)),'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) 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' means target 
                        housing, as defined in section 1004 of the 
                        Residential Lead-Based Paint Hazard Reduction 
                        Act of 1992 (42 U.S.C. 4851b), that--
                                    ``(I) is covered by an application 
                                for mortgage insurance or housing 
                                assistance payments under a program 
                                administered by the Secretary; or
                                    ``(II) otherwise receives more than 
                                $5,000 in project-based assistance 
                                under a Federal housing program.
                            ``(ii) Regulations.--Not later than 1 year 
                        after the date of enactment of the Lead-Safe 
                        Housing for Kids Act of 2024, 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(o) of the 
                                        United States Housing Act of 
                                        1937 (42 U.S.C. 1437f(o)), 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) in accessible and 
                                        alternative formats consistent 
                                        with the requirements under 
                                        section 504 of the 
                                        Rehabilitation Act of 1973 (29 
                                        U.S.C. 794), the Americans with 
                                        Disabilities Act of 1990 (42 
                                        U.S.C. 12101 et seq.), and 
                                        title VI of the Civil Rights 
                                        Act of 1964 (42 U.S.C. 2000d et 
                                        seq.), 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) that show that the housing 
                                        passed the clearance 
                                        examination;
                                    ``(II)(aa) if a lead-based paint 
                                inspection of the covered housing 
                                determined that lead-based paint was 
                                not present in the covered housing; or
                                    ``(bb) 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) or under this section, 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.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Lead-Safe 
                        Housing for Kids Act of 2024, 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 a 
                        dwelling unit that--
                                    ``(I) was constructed in 1978 or 
                                later; or
                                    ``(II) is in covered housing that 
                                has no lead-based paint hazards.
                            ``(ii) Requirements.--Relocation described 
                        in clause (i) shall be performed consistent 
                        with the standards set forth under the Uniform 
                        Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 U.S.C. 
                        4601 et seq.) and any other applicable Federal 
                        civil rights, fair housing, and 
                        nondiscrimination laws.''.

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 2025 through 2029.
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