Lead-Safe Housing for Kids Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1860 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. IN THE SENATE OF THE UNITED STATES MAY 26, 2021 Mr. DURBIN (for himself, Mr. SCOTT of South Carolina, Mr. MENENDEZ, Mr. PORTMAN, Ms. DUCKWORTH, Mr. YOUNG, Ms. SMITH, and Mr. KAINE) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 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. 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. 3 This Act may be cited as the ‘‘Lead-Safe Housing 4 for Kids Act of 2021’’. 5 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1860 IS SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POI- 1 SONING PREVENTION ACT. 2 Section 302(a) of the Lead-Based Paint Poisoning 3 Prevention Act (42 U.S.C. 4822(a)) is amended— 4 (1) by redesignating paragraph (4) as para- 5 graph (5); and 6 (2) by inserting after paragraph (3) the fol- 7 lowing: 8 ‘‘(4) ADDITIONAL PROCEDURES FOR FAMILIES 9 WITH CHILDREN UNDER THE AGE OF 6.— 10 ‘‘(A) RISK ASSESSMENT.— 11 ‘‘(i) DEFINITION.—In this subpara- 12 graph, the term ‘covered housing’— 13 ‘‘(I) means housing receiving 14 Federal assistance described in para- 15 graph (1) that was constructed prior 16 to 1978; and 17 ‘‘(II) does not include— 18 ‘‘(aa) single-family housing 19 covered by an application for 20 mortgage insurance under the 21 National Housing Act (12 U.S.C. 22 1701 et seq.); or 23 ‘‘(bb) multi-family housing 24 that— 25 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1860 IS ‘‘(AA) is covered by an 1 application for mortgage in- 2 surance under the National 3 Housing Act (12 U.S.C. 4 1701 et seq.); and 5 ‘‘(BB) does not receive 6 any other Federal housing 7 assistance. 8 ‘‘(ii) REGULATIONS.—Not later than 9 180 days after the date of enactment of 10 the Lead-Safe Housing for Kids Act of 11 2021, the Secretary shall promulgate regu- 12 lations that— 13 ‘‘(I) require the owner of covered 14 housing in which a family with a child 15 of less than 6 years of age will reside 16 or is expected to reside to conduct an 17 initial risk assessment for lead-based 18 paint hazards— 19 ‘‘(aa) in the case of covered 20 housing receiving tenant-based 21 rental assistance under section 8 22 of the United States Housing Act 23 of 1937 (42 U.S.C. 1437f), not 24 later than 15 days after the date 25 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1860 IS on which the family and the 1 owner submit a request for ap- 2 proval of a tenancy or lease re- 3 newal, whichever occurs first; 4 ‘‘(bb) in the case of covered 5 housing receiving public housing 6 assistance under the United 7 States Housing Act of 1937 (42 8 U.S.C. 1437 et seq.) or project- 9 based rental assistance under 10 section 8 of the United States 11 Housing Act of 1937 (42 U.S.C. 12 1437f), not later than 15 days 13 after the date on which a phys- 14 ical condition inspection occurs; 15 and 16 ‘‘(cc) in the case of covered 17 housing not described in item 18 (aa) or (bb), not later than a 19 date established by the Secretary; 20 ‘‘(II) provide that a visual assess- 21 ment alone is not sufficient for pur- 22 poses of complying with subclause (I); 23 ‘‘(III) require that, if lead-based 24 paint hazards are identified by an ini- 25 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1860 IS tial risk assessment conducted under 1 subclause (I), the owner of the cov- 2 ered housing shall— 3 ‘‘(aa) not later than 30 days 4 after the date on which the initial 5 risk assessment is conducted, 6 control the lead-based paint haz- 7 ards, including achieving clear- 8 ance in accordance with regula- 9 tions promulgated under section 10 402 or 404 of the Toxic Sub- 11 stances Control Act (15 U.S.C. 12 2682, 2684), as applicable; and 13 ‘‘(bb) provide notice to all 14 residents in the covered housing 15 affected by the initial risk assess- 16 ment, and provide notice in the 17 common areas of the covered 18 housing, that lead-based paint 19 hazards were identified and will 20 be controlled within the 30-day 21 period described in item (aa); 22 and 23 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1860 IS ‘‘(IV) provide that there shall be 1 no extension of the 30-day period de- 2 scribed in subclause (III)(aa). 3 ‘‘(iii) EXCEPTIONS.—The regulations 4 promulgated under clause (ii) shall provide 5 an exception to the requirement under sub- 6 clause (I) of such clause for covered hous- 7 ing— 8 ‘‘(I) if the owner of the covered 9 housing submits to the Secretary doc- 10 umentation— 11 ‘‘(aa) that the owner con- 12 ducted a risk assessment of the 13 covered housing for lead-based 14 paint hazards during the 12- 15 month period preceding the date 16 on which the family is expected 17 to reside in the covered housing; 18 and 19 ‘‘(bb) of any clearance ex- 20 aminations of lead-based paint 21 hazard control work resulting 22 from the risk assessment de- 23 scribed in item (aa); 24 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1860 IS ‘‘(II) from which all lead-based 1 paint has been identified and removed 2 and clearance has been achieved in ac- 3 cordance with regulations promul- 4 gated under section 402 or 404 of the 5 Toxic Substances Control Act (15 6 U.S.C. 2682, 2684), as applicable; 7 ‘‘(III) if— 8 ‘‘(aa) lead-based paint haz- 9 ards are identified in the dwelling 10 unit in the covered housing in 11 which the family will reside or is 12 expected to reside; 13 ‘‘(bb) the dwelling unit is 14 unoccupied; 15 ‘‘(cc) the owner of the cov- 16 ered housing, without any further 17 delay in occupancy or increase in 18 rent, provides the family with an- 19 other dwelling unit in the covered 20 housing that has no lead-based 21 paint hazards; and 22 ‘‘(dd) the common areas 23 servicing the new dwelling unit 24 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1860 IS have no lead-based paint hazards; 1 and 2 ‘‘(IV) in accordance with any 3 other standard or exception the Sec- 4 retary deems appropriate based on 5 health-based standards. 6 ‘‘(B) RELOCATION.—Not later than 180 7 days after the date of enactment of the Lead- 8 Safe Housing for Kids Act of 2021, the Sec- 9 retary shall promulgate regulations to provide 10 that a family with a child of less than 6 years 11 of age that occupies a dwelling unit in covered 12 housing in which lead-based paint hazards were 13 identified, but not controlled in accordance with 14 regulations required under subparagraph 15 (A)(ii), may relocate on an emergency basis and 16 without placement on any waitlist, penalty (in- 17 cluding rent payments to be made for that 18 dwelling unit), or lapse in assistance to— 19 ‘‘(i) a dwelling unit that was con- 20 structed in 1978 or later; or 21 ‘‘(ii) another dwelling unit in covered 22 housing that has no lead-based paint haz- 23 ards.’’. 24 VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1860 IS SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 1 There is authorized to be appropriated to carry out 2 the amendments made by section 2 such sums as may be 3 necessary for each of fiscal years 2022 through 2026. 4 Æ VerDate Sep 11 2014 00:49 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1860.IS S1860 kjohnson on DSK79L0C42PROD with BILLS