[Congressional Record Volume 170, Number 74 (Tuesday, April 30, 2024)]
[Senate]
[Pages S3080-S3081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Young):
  S. 4210. 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. Madam 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. 4210

       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

[[Page S3081]]

       ``(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.
                                 ______