GET THE LEAD OUT Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1376 To eliminate lead-based pipe and tap hazards in housing, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Mr. RYAN (for himself and Mr. MICHAEL F. DOYLE of Pennsylvania) intro- duced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate lead-based pipe and tap hazards in housing, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Grants for Eliminating the Toxic Hazard of Environ- 5 mental Lead in Our Towns Act of 2021’’ or the ‘‘GET 6 THE LEAD OUT Act of 2021’’. 7 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1376 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—LEAD-BASED PIPE HAZARD REDUCTION Sec. 101. Grants for lead-based pipe hazard reduction in housing. Sec. 102. Evaluation and reduction of lead-based pipe hazards in federally as- sisted housing. Sec. 103. Comprehensive housing affordability strategies. Sec. 104. Task force on lead-based pipe hazard reduction and financing. Sec. 105. National consultation on lead-based pipe hazard reduction. Sec. 106. Guidelines for lead-based pipe hazard evaluation and reduction activi- ties. Sec. 107. Disclosure of information concerning lead upon transfer of residential property. TITLE II—LEAD EXPOSURE REDUCTION Sec. 201. Lead-based pipe activities training and certification. Sec. 202. Identification of dangerous levels of lead. Sec. 203. Authorized State programs. Sec. 204. Lead abatement and measurement. Sec. 205. Lead hazard information pamphlet. Sec. 206. Regulations. Sec. 207. Control of lead-based pipe hazards at Federal facilities. Sec. 208. Prohibited Acts. Sec. 209. Relationship to other Federal law. Sec. 210. General provisions relating to administrative proceedings. TITLE III—AUTHORIZATION OF APPROPRIATIONS FOR LEAD HAZARD REDUCTION Sec. 301. HUD grants for lead hazards reduction in housing. Sec. 302. EPA funding for lead exposure reduction. TITLE IV—REVENUE PROVISIONS Sec. 401. Partnership interests transferred in connection with performance of services. Sec. 402. Special rules for partners providing investment management services to partnerships. Sec. 403. Return to pre-2018 estate and gift tax basic exclusion amount. SEC. 2. PURPOSES. 3 The purposes of this Act are as follows: 4 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1376 IH (1) to develop a national strategy to build the 1 infrastructure necessary to eliminate lead-based pipe 2 and tap hazards in housing; 3 (2) to reorient the national approach to the 4 presence of lead-based pipe and taps in public and 5 private homes to implement, on a priority basis, a 6 program to evaluate and reduce lead-based pipe haz- 7 ards in the Nation’s building stock; 8 (3) to encourage effective action to prevent 9 childhood lead poisoning by establishing a workable 10 framework for lead-based pipe and tap hazard eval- 11 uation and reduction and by ending the current con- 12 fusion over reasonable standards of care; 13 (4) to ensure and implement the definitions of 14 lead hazards in section 1417 of the Safe Drinking 15 Water Act (42 U.S.C. 300g–6) and ensure that the 16 existence of lead-based pipe and taps hazards is 17 taken into account in the development of Federal 18 Government housing policies and in the sale, rental 19 and renovation of homes, and apartments; 20 (5) to mobilize national resources expeditiously, 21 through a partnership among all levels of govern- 22 ment and the private sector, to develop the most 23 promising, cost-effective methods for evaluating and 24 reducing lead-based pipe and tap hazards; 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1376 IH (6) to reduce the threat of childhood lead poi- 1 soning in housing owned, assisted, or transferred by 2 the Federal Government; and 3 (7) to educate the public concerning the haz- 4 ards and sources of lead-based pipes and taps poi- 5 soning and steps to reduce and eliminate such haz- 6 ards. 7 SEC. 3. DEFINITIONS. 8 For purposes of this Act, the following definitions 9 shall apply: 10 (1) ABATEMENT.—The term ‘‘abatement’’ 11 means any set of measures designed to permanently 12 eliminate lead-based pipe hazards in accordance with 13 standards established by appropriate Federal agen- 14 cies. Such term includes— 15 (A) the removal of lead-based pipes and 16 taps; 17 (B) all preparation, cleanup, disposal, and 18 post-abatement clearance testing activities asso- 19 ciated with such measures; and 20 (C) all repair to damages post-abatement. 21 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- 22 tified contractor’’ means— 23 (A) a contractor, inspector, or supervisor 24 who has completed a training program certified 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1376 IH by the appropriate Federal agency and has met 1 any other requirements for certification or li- 2 censure established by such agency or who has 3 been certified by any State through a program 4 which has been found by such Federal agency 5 to be at least as rigorous as the Federal certifi- 6 cation program; and 7 (B) workers or designers who have fully 8 met training requirements established by the 9 appropriate Federal agency. 10 (3) CONTRACT FOR THE PURCHASE AND SALE 11 OF RESIDENTIAL REAL PROPERTY.—The term ‘‘con- 12 tract for the purchase and sale of residential real 13 property’’ means any contract or agreement in which 14 one party agrees to purchase an interest in real 15 property on which there is situated or more residen- 16 tial dwellings used or occupied, or intended to be 17 used or occupied, in whole or in part, as the home 18 or residence of one or more persons. 19 (4) EVALUATION.—The term ‘‘evaluation’’ 20 means risk assessment, inspection, or risk assess- 21 ment and inspection. 22 (5) FEDERALLY ASSISTED HOUSING.—The 23 term ‘‘federally assisted housing’’ means residential 24 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1376 IH dwellings receiving project-based assistance under 1 programs including— 2 (A) section 221(d)(3) or 236 of the Na- 3 tional Housing Act (12 U.S.C. 1715l(d)(3); 4 1715z–1); 5 (B) section 101 of the Housing and Urban 6 Development Act of 1965 (12 U.S.C. 1701s); 7 (C) section 8 of the United States Housing 8 Act of 1937 (42 U.S.C. 1437f); and 9 (D) sections 502(a), 504, 514, 515, 516, 10 and 533 of the Housing Act of 1949 (42 U.S.C. 11 1472(a); 1474; 1484; 1485; 1486; 1490m). 12 (6) FEDERALLY OWNED HOUSING.—The term 13 ‘‘federally owned housing’’ means residential dwell- 14 ings owned or managed by a Federal agency, or for 15 which a Federal agency is a trustee or conservator. 16 For the purpose of this paragraph, the term ‘‘Fed- 17 eral agency’’ includes the Department of Housing 18 and Urban Development, the Rural Housing Service 19 of the Department of Agriculture, the Federal De- 20 posit Insurance Corporation, the General Services 21 Administration, the Department of Defense, the De- 22 partment of Veterans Affairs, the Department of the 23 Interior, the Department of Transportation, and any 24 other Federal agency. 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1376 IH (7) FEDERALLY SUPPORTED WORK.—The term 1 ‘‘federally supported work’’ means any lead hazard 2 evaluation or reduction activities conducted in feder- 3 ally owned or assisted housing or funded in whole or 4 in part through any financial assistance program of 5 the Department of Housing and Urban Develop- 6 ment, the Rural Housing Service of the Department 7 of Agriculture, or the Department of Veterans Af- 8 fairs. 9 (8) INSPECTION.—The term ‘‘inspection’’ 10 means an investigation to determine the presence of 11 lead-based pipe or taps as provided in section 141.86 12 of the regulations of the Environmental Protection 13 Agency (40 C.F.R. 181.46; relating to monitoring 14 requirements for lead and copper in tap water) and 15 the provision of a report explaining the results of the 16 investigation. 17 (9) INTERIM CONTROLS.—The term ‘‘interim 18 controls’’ means a set of measures designed to re- 19 duce temporarily human exposure or likely exposure 20 to lead-based pipe hazards, including specialized 21 cleaning, repairs, maintenance, ongoing monitoring 22 of lead-based pipe or potential hazards, and the es- 23 tablishment and operation of management and resi- 24 dent education programs. 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1376 IH (10) LEAD-BASED PIPE.—The term ‘‘lead-based 1 pipe’’ means any pipe, including fittings, taps, fix- 2 tures, solder, and flux that does not satisfy the defi- 3 nition of ‘‘lead-free’’ established under section 1417 4 of the Safe Drinking Water Act. 5 (11) LEAD-BASED PIPE HAZARDS.—The term 6 ‘‘lead-based pipe hazards’’ means any condition that 7 causes exposure to lead from lead-based pipe that 8 would result in adverse human health effects, as es- 9 tablished by the Environmental Protection Agency. 10 (12) MORTGAGE LOAN.—The term ‘‘mortgage 11 loan’’ includes any loan (other than temporary fi- 12 nancing such as a construction loan) that— 13 (A) is secured by a first lien on any inter- 14 est in residential real property; and 15 (B) either— 16 (i) is insured, guaranteed, made, or 17 assisted by the Department of Housing 18 and Urban Development, the Department 19 of Veterans Affairs, or the Rural Housing 20 Service of the Department of Agriculture, 21 or by any other agency of the Federal Gov- 22 ernment; or 23 (ii) is intended to be sold by each 24 originating mortgage institution to any 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1376 IH federally chartered secondary mortgage 1 market institution. 2 (13) ORIGINATING MORTGAGE INSTITUTION.— 3 The term ‘‘originating mortgage institution’’ means 4 a lender that provides mortgage loans. 5 (14) PRIORITY HOUSING.—The term ‘‘priority 6 housing’’ means housing that qualifies as affordable 7 housing under section 215 of the Cranston-Gonzalez 8 National Affordable Housing Act (42 U.S.C. 9 12745), including housing that receives assistance 10 under subsection (b) or (o) of section 8 of the 11 United States Housing Act of 1937 (42 U.S.C. 12 1437f). 13 (15) PUBLIC HOUSING.—The term ‘‘public 14 housing’’ has the meaning given such term in section 15 3(b) of the United States Housing Act of 1937 (42 16 U.S.C. 1437a(b)). 17 (16) REDUCTION.—The term ‘‘reduction’’ 18 means measures designed to reduce or eliminate 19 human exposure to lead-based pipe hazards through 20 methods including interim controls and abatement. 21 (17) RESIDENTIAL DWELLING.—The term ‘‘res- 22 idential dwelling’’ means— 23 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1376 IH (A) a single-family dwelling, including at- 1 tached structures such as porches and stoops; 2 or 3 (B) a single-family dwelling unit in a 4 structure that contains more than 1 separate 5 residential dwelling unit, in which each such 6 unit is used or occupied, or intended to be used 7 or occupied, in whole or in part, as the home 8 or residence of one or more persons. 9 (18) RESIDENTIAL REAL PROPERTY.—The term 10 ‘‘residential real property’’ means real property on 11 which there is situated one or more residential dwell- 12 ings used or occupied, or intended to be used or oc- 13 cupied, in whole or in part, as the home or residence 14 of one or more persons. 15 (19) RISK ASSESSMENT.—The term ‘‘risk as- 16 sessment’’ means an on-site investigation to deter- 17 mine and report the existence, nature, severity, and 18 location of lead-based pipe hazards in residential 19 dwellings, including— 20 (A) information gathering regarding the 21 age and history of the housing and occupancy 22 by children under age 6; 23 (B) visual inspection; 24 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1376 IH (C) other activities as may be appropriate; 1 and 2 (D) provision of a report explaining the re- 3 sults of the investigation. 4 (20) SECRETARY.—The term ‘‘Secretary’’ 5 means the Secretary of Housing and Urban Develop- 6 ment. 7 TITLE I—LEAD-BASED PIPE 8 HAZARD REDUCTION 9 SEC. 101. GRANTS FOR LEAD-BASED PIPE HAZARD REDUC- 10 TION IN HOUSING. 11 (a) GENERAL AUTHORITY.—The Secretary of Hous- 12 ing and Urban Development is authorized to provide 13 grants to eligible applicants to evaluate and reduce lead- 14 based pipes hazards in priority housing that is not feder- 15 ally assisted housing, federally owned housing, or public 16 housing, in accordance with the provisions of this section. 17 (b) ELIGIBLE APPLICANTS.—A State or unit of local 18 government that has an approved comprehensive housing 19 affordability strategy under section 105 of the Cranston- 20 Gonzalez National Affordable Housing Act (42 U.S.C. 21 12705) is eligible to apply for a grant under this section. 22 (c) FORM OF APPLICATION.—To receive a grant 23 under this section, a State or unit of local government 24 shall submit an application in such form and in such man- 25 VerDate Sep 11 2014 00:23 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1376.IH H1376 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1376 IH ner as the Secretary shall prescribe. An application shall 1 contain— 2 (1) a co [Text truncated for display. Full text available on Congress.gov.]