[Congressional Record Volume 164, Number 40 (Wednesday, March 7, 2018)]
[Senate]
[Pages S1494-S1495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2138. Mr. DURBIN (for himself, Mr. Donnelly, Mr. Scott, Mr. Young,
Ms. Duckworth, Mr. Menendez, and Mr. Portman) submitted an amendment
intended to be proposed by him to the bill S. 2155, to promote economic
growth, provide tailored regulatory relief, and enhance consumer
protections, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. ___. LEAD-SAFE HOUSING FOR KIDS.
(a) 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 this paragraph, 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
[[Page S1495]]
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 this paragraph, 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.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the amendments made by
subsection (b) such sums as may be necessary for each of
fiscal years 2018 through 2022.
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