[Congressional Record Volume 163, Number 151 (Tuesday, September 19, 2017)]
[Senate]
[Pages S5864-S5865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Scott, Mr. Menendez, Mr. Young, 
        Mr. Donnelly, and Ms. Duckworth):
  S. 1845. 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; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1845

       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 2017''.

     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--

[[Page S5865]]

       ``(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 2017, 
     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;
       ``(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 2017, 
     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 2 such sums as may be necessary 
     for each of fiscal years 2018 through 2022.
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