[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16904-16906]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 LEAD-SAFE HOUSING FOR KIDS ACT OF 2008

  Mr. ELLISON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6309) to amend the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 to define environmental intervention blood lead 
level and establish additional requirements for certain lead hazard 
screens, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 6309

       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 2008''.

     SEC. 2. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT HAZARD 
                   REDUCTION ACT OF 1992.

       (a) Amendments.--Section 1017 of the Residential Lead-Based 
     Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852c) is 
     amended--
       (1) by striking ``Not later than'' and inserting ``(a) In 
     General.--Not later than''; and
       (2) by adding at the end the following new subsection:
       ``(b) Environmental Intervention Blood Lead Level.--
       ``(1) In general.--For purposes of this title and any 
     regulations issued under this title, an environmental 
     intervention blood lead level shall be defined as the lower 
     of--
       ``(A) 10 g/dL (micrograms of lead per deciliter); 
     or
       ``(B) the elevated blood lead level of concern for a child 
     under six years of age that has been recommended by the 
     Centers for Disease Control and Prevention.
       ``(2) Relation to other authorities.--This Act may not be 
     construed as affecting the authority of the Environmental 
     Protection Agency under section 403 of the Toxic Substances 
     Control Act.''.
       (b) Regulations.--Not later than the expiration of the 90-
     day period beginning on the date of the enactment of this 
     Act, the Secretary of Housing and Urban Development shall 
     amend the regulations of such Department to comply with the 
     amendments made by subsection (a).

     SEC. 3. REPORT TO CONGRESS ON PREVIOUS LEAD HAZARD INSPECTION 
                   PROGRAMS.

       Not later than the expiration of the 90-day period 
     beginning on the date of the enactment of this Act, the 
     Secretary of Housing and Urban Development shall submit a 
     report to the Congress on the status of the program of the 
     Department of Housing and Urban Development known as the Big 
     Buy program and any other voluntary programs the Secretary 
     has implemented, or has planned to implement, through which 
     the Secretary has conducted, or planned to conduct, lead 
     evaluations of housing covered by section 35.715 of the 
     Secretary's regulations (24 C.F.R. 35.715; Lead Safe Housing 
     Rule for pre-1978 assisted housing). Such report shall 
     include the following information:
       (1) A description of the purpose of such programs 
     implemented or planned to be implemented.
       (2) A statement of the amounts allocated for each of such 
     programs.
       (3) Identification of the sources of the funding for each 
     of such programs.
       (4) A statement of the amount expended to each of such 
     programs, as of the date of the submission of the report.
       (5) A statement of the number of properties and the number 
     of dwelling units intended to be covered by each of such 
     programs.
       (6) A statement of the number of properties and the number 
     of dwelling units actually assisted by each of such programs.
       (7) A description of the status of each of such programs, 
     as of the date of the submission of the report.
       (8) An explanation as to why each of such programs have not 
     been completed.
       (9) A description of any enforcement actions taken against 
     owners of such housing who were to have been held harmless 
     with respect to any noncompliance with section 1018 of the 
     Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
     U.S.C. 4852d), or with any rules implementing such section, 
     during implementation of such programs.
       (10) A timeline for completion of the remaining properties 
     and units covered by each of such programs.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act and the amendments made by this Act such 
     sums as may be appropriated for fiscal year 2009.
       (b) Costs of Compliance.--This Act and the amendments made 
     by this Act shall not create any obligation or requirement on 
     the part of any owner of housing, public housing agency, or 
     other party (other than the Secretary of Housing and Urban 
     Development) to comply with any new obligations established 
     by or pursuant to this Act or such amendments, except to the 
     extent that the Secretary of Housing and Urban Development 
     makes amounts available to such owner, agency, or party for 
     the costs of such compliance.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Ellison) and the gentleman from California (Mr. Herger) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. ELLISON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. ELLISON. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker, I rise to strongly urge my colleagues to support H.R. 
6309, the Lead-Safe Housing Act of 2008.
  Let me start by thanking Chairman Frank, Subcommittee Chair Waters, 
and Housing Subcommittee Ranking Member Shelley Capito, for all of 
their work on this legislation to protect low-income children in public 
housing from lead exposure. I also want to thank the Energy and 
Commerce Committee and Chairman Dingell for their work on this bill as 
well.
  H.R. 6309 requires that the Department of Housing and Urban 
Development, HUD, update its blood lead level intervention regulations 
to reflect the level used by the Center for Disease Control and 
Prevention. The legislation simply requires HUD to update its blood 
lead regulations from the current 20 micrograms per deciliter to 10 
micrograms per deciliter. The Center for Disease Control, the CDC, has 
that as their recommended threshold. Or if the CDC updates their 
standard to a lower number, that lower number.
  Madam Speaker, this legislation is long overdue. The CDC, in 1991, 17 
years ago, determined that a blood lead level of 10 micrograms per 
deciliter was the threshold for potential damage in children. Lead 
poisoning causes destructive physical, intellectual and behavior 
problems, including weight loss, decrease in IQ, hyperactivity, 
lethargy, and even sometimes, Madam Speaker, death. In fact, a 4-year-
old young man swallowed a lead charm and died in my district a couple 
years ago.
  Lead poisoning is one of the largest environmental hazards affecting 
children in America today, and it is also

[[Page 16905]]

one of the most preventable hazards. Madam Speaker, our most vulnerable 
children often face a greater risk of being exposed to lead. Children 
of color, children from low-income families are more likely to reside 
in older homes, and these homes are much more likely to contain lead 
paint.
  Thanks to congressional action in the 1990s, our country has seen 
significant progress in reduction of children exposed to lead. Between 
1991 and 1994, 4.4 percent of children under six, or more than 800,000 
children, had unacceptably high levels of lead in their blood of 10 
micrograms per deciliter or higher.

                              {time}  2030

  The CDC now estimates that this number has dropped to 1.6 percent of 
children or more than 300,000 children. That's progress, but progress 
is not enough. Though this is progress, 300,000 children are still 
300,000 too many; 1 is too many.
  Madam Speaker, my legislation is just one attempt to tackle the 
problem. I look forward to working with my colleagues in Congress to 
some day eradicate this problem of elevated blood lead levels in 
children. This legislation is supported by numerous organizations from 
the Children's Defense Fund to the Sierra Club.
  Madam Speaker, let me just note that challenging and reducing 
childhood lead exposure will help our society lower the number of 
children who have reduce IQ because of this exposure, reduced 
hyperactivity, reduce children experiencing impulse control, and all of 
these things have implications for our juvenile court system and our 
adult court system, not to mention shutting off, closing down the 
tremendous potential that is locked up in every child.
  Madam Speaker, with that I reserve the balance of my time.
  Mr. HERGER. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 6309, the Lead-Safe Housing for Kids Act of 
2008, designed to address the serious health hazards that high levels 
of lead have on children in their home environment.
  In 1992 the Congress passed the landmark residential Lead-Based Paint 
Hazard Reduction Act to address what was at the time an epidemic of 
childhood lead poisoning. In conjunction with Federal efforts to limit 
the use of leaded gasoline and lead in food and juice cans and in 
drinking water pipes, this law has been remarkably effective in 
reducing the incidence of childhood lead poisoning. According to the 
U.S. Department of Health and Human Services report, Healthy People 
2010, the decline in childhood lead poisoning in the United States 
represents a major public health success.
  The Residential Lead-Based Paint Hazard Reduction Act directed HUD to 
establish regulations for the evaluation of lead hazards. In its 
regulation, referred to as the Lead-Safe Housing Rule, HUD established 
an environmental intervention blood level of 20 micrograms per 
deciliter for a single test or 15 to 19 micrograms per deciliter for 
two tests taken at least 3 months apart.
  H.R. 6309 will require HUD to issue new regulations that adopt the 
level of 10 micrograms per deciliter. Eliminating lead exposure greater 
than 10 micrograms of lead per deciliter of blood among children by the 
year 2010 is one of the national health objectives established by the 
Department of Health and Human Resources.
  Mr. Ellison is to be commended for his commitment to strengthen the 
definition of a child's elevated blood lead level, and I recommend my 
colleagues support this legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. ELLISON. Let me also thank the gentleman from California. Madam 
Speaker, it's wonderful when we can come together on both sides of the 
aisle to protect our children. In fact, one of the most important 
things we can do is to protect community and children, and so I am 
honored to be able to share the floor with the gentleman tonight.
  With that, Madam Speaker, let me just thank all of the community 
groups that came forward, including Sierra Club, Environmental Justice 
Advocates of Minnesota, and many others who have come to make this 
moment possible.
  Mr. DINGELL. Madam Speaker, I want to extend my appreciation to the 
gentleman from Massachusetts, Chairman Frank, for his cooperation in 
working out issues related to the bill's definition of ``elevated 
intervention blood lead level''. I also commend him for his help in 
maintaining the relationship between the Department of Housing and 
Urban Development and the Environmental Protection Agency (EPA) in 
carrying out the Residential Lead-Based Paint Hazard Reduction Act of 
1992, as well as preserving the respective roles of the health-based 
agencies, such as the Centers for Disease Control and Prevention (CDC), 
in making recommendations regarding the environmental intervention 
blood lead level, and the EPA in establishing that level under section 
403 of the Toxic Substances Control Act.
  I have strong concerns, however, about a provision that was not in 
the original bill and was added during the Financial Services committee 
process. This provision would only provide the benefits of the new 
protective blood lead level recommended by the CDC in the bill to 
children, including children in public housing agencies, in those 
instances in which the Federal Government pays for the cost of 
compliance. I doubt whether the Federal resources budgeted or 
appropriated will ever be adequate to protect all children who need to 
be protected from exposure to lead-based paint at the recommended CDC 
level. All children should have the same level of health protection 
from lead hazards. This level of health protection should not depend on 
where a child lives.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of 
H.R. 6309 the ``Lead Safe Housing for Kids Act''. First, I would like 
to thank my distinguished colleague, Keith Ellison of Minnesota, for 
introducing this important legislation. This bill will amend the 
``Residential Lead-Based Paint Hazard Reduction Act of 1992'' by 
setting the environmental intervention level for lead to 10 micrograms 
per deciliter. Its purpose is to enact stricter provisions concerning 
the hazards resulting from lead-based paint in households. I strongly 
encourage my colleagues to support this act.
  The ``Lead-Safe Housing for Kids Act'' is important because of its 
potential to ensure greater protection for children. Children are most 
at risk of suffering from the toxicity of lead paint. Lead is a 
dangerous substance, especially so for children under the age of six, 
who are only beginning the process of developing their bodies and 
brains. Lead paint can cause nervous system damage, loss of hearing, 
stunted growth, severe kidney damage, and can even disrupt the 
development of the brain and the faculty of cognition.
  Lead-contaminated household dust, resulting from lead paint is the 
primary cause of lead poisoning in children throughout the United 
States. Though the number of children in the United States with 
dangerous levels of lead has dropped from 13.5 million in 1978, roughly 
300,000 children still have unsafe blood lead levels that are in excess 
of 10 micrograms per deciliter. 300 thousand, a number equaling half of 
the population of Texas District 18, are currently at a distinct risk 
of suffering from lead poisoning. Indeed, this is a major problem.
  Of the $43.4 billion spent in the United States annually on pediatric 
environmental disease, a great majority goes to combating and treating 
childhood lead poisoning. It is because of this that we must act now in 
putting forth more stringent testing requirements to combat the grave 
danger posed by lead paint.
  Upon enactment of the act, the HUD will have 90 days to comply with 
the new environmental intervention blood lead level of at or above 10 
micrograms of per deciliter, the point at which the CDC has found cause 
for concern. This bill will save countless children from suffering from 
the myriad ailments that come hand in hand with lead paint.
  The tragedies of these children and others have exposed the 
fundamental problem which this bill addresses. For too long there has 
been no clear federally mandated standard to indicate excess blood lead 
levels in households, or to require action. This bill will go far to 
ensure that the children of our Nation are able to enjoy good health, 
by making certain that all houses become lead safe.
  Recently I amended H.R. 2352, the ``School Safety Enhancement Act of 
2007'', which sought to enhance the safety of our elementary schools, 
secondary schools, and institutions of higher learning, by increasing 
the amount of money available for school safety. It is critical 
especially that we make funds available for poor communities, and 
specifically to require the creation of a tip hotline for

[[Page 16906]]

school officials, parents, and students, to report the existence of 
hazards and chemicals. I also provided amendments that would require 
institutions to create a safety plan, dealing with potential terror, 
chemical, or otherwise hazardous situations. These concerns for the 
safety of children in schools are similar to those concerns that I have 
for the wellbeing of children in their homes. In both situations, I 
believe children should be free from the dangers presented by hazardous 
materials and situations, including the threat of lead paint.
  As the safety of children should be critical to all Americans, I urge 
my colleagues to support this act to protect our Nation's children and 
our Nation's future from harm's way.
  Mr. ELLISON. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Ellison) that the House suspend the rules 
and pass the bill, H.R. 6309, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HERGER. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________