[Congressional Record Volume 172, Number 42 (Thursday, March 5, 2026)]
[Senate]
[Page S893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4350. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 6644, a bill to increase the supply of housing in
America, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. 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 this clause, 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 this subparagraph, 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.''.
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