GET THE LEAD OUT Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4321 To eliminate lead-based pipe and tap hazards in housing, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 12, 2019 Mr. RYAN introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Finan- cial Services, and Ways and Means, for a period to be subsequently deter- mined 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 2019’’ or the ‘‘GET 6 THE LEAD OUT Act of 2019’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: 9 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 4321 IH 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. 1 The purposes of this Act are as follows: 2 (1) to develop a national strategy to build the 3 infrastructure necessary to eliminate lead-based pipe 4 and tap hazards in housing; 5 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 4321 IH (2) to reorient the national approach to the 1 presence of lead-based pipe and taps in public and 2 private homes to implement, on a priority basis, a 3 program to evaluate and reduce lead-based pipe haz- 4 ards in the Nation’s building stock; 5 (3) to encourage effective action to prevent 6 childhood lead poisoning by establishing a workable 7 framework for lead-based pipe and tap hazard eval- 8 uation and reduction and by ending the current con- 9 fusion over reasonable standards of care; 10 (4) to ensure and implement the definitions of 11 lead hazards in section 1417 of the Safe Drinking 12 Water Act (42 U.S.C. 300g–6) and ensure that the 13 existence of lead-based pipe and taps hazards is 14 taken into account in the development of Federal 15 Government housing policies and in the sale, rental 16 and renovation of homes, and apartments; 17 (5) to mobilize national resources expeditiously, 18 through a partnership among all levels of govern- 19 ment and the private sector, to develop the most 20 promising, cost-effective methods for evaluating and 21 reducing lead-based pipe and tap hazards; 22 (6) to reduce the threat of childhood lead poi- 23 soning in housing owned, assisted, or transferred by 24 the Federal Government; and 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 4321 IH (7) to educate the public concerning the haz- 1 ards and sources of lead-based pipes and taps poi- 2 soning and steps to reduce and eliminate such haz- 3 ards. 4 SEC. 3. DEFINITIONS. 5 For purposes of this Act, the following definitions 6 shall apply: 7 (1) ABATEMENT.—The term ‘‘abatement’’ 8 means any set of measures designed to permanently 9 eliminate lead-based pipe hazards in accordance with 10 standards established by appropriate Federal agen- 11 cies. Such term includes— 12 (A) the removal of lead-based pipes and 13 taps; 14 (B) all preparation, cleanup, disposal, and 15 post-abatement clearance testing activities asso- 16 ciated with such measures; and 17 (C) all repair to damages post-abatement. 18 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- 19 tified contractor’’ means— 20 (A) a contractor, inspector, or supervisor 21 who has completed a training program certified 22 by the appropriate Federal agency and has met 23 any other requirements for certification or li- 24 censure established by such agency or who has 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 4321 IH been certified by any State through a program 1 which has been found by such Federal agency 2 to be at least as rigorous as the Federal certifi- 3 cation program; and 4 (B) workers or designers who have fully 5 met training requirements established by the 6 appropriate Federal agency. 7 (3) CONTRACT FOR THE PURCHASE AND SALE 8 OF RESIDENTIAL REAL PROPERTY.—The term ‘‘con- 9 tract for the purchase and sale of residential real 10 property’’ means any contract or agreement in which 11 one party agrees to purchase an interest in real 12 property on which there is situated or more residen- 13 tial dwellings used or occupied, or intended to be 14 used or occupied, in whole or in part, as the home 15 or residence of one or more persons. 16 (4) EVALUATION.—The term ‘‘evaluation’’ 17 means risk assessment, inspection, or risk assess- 18 ment and inspection. 19 (5) FEDERALLY ASSISTED HOUSING.—The 20 term ‘‘federally assisted housing’’ means residential 21 dwellings receiving project-based assistance under 22 programs including— 23 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 4321 IH (A) section 221(d)(3) or 236 of the Na- 1 tional Housing Act (12 U.S.C. 1715l(d)(3); 2 1715z–1); 3 (B) section 101 of the Housing and Urban 4 Development Act of 1965 (12 U.S.C. 1701s); 5 (C) section 8 of the United States Housing 6 Act of 1937 (42 U.S.C. 1437f); and 7 (D) sections 502(a), 504, 514, 515, 516, 8 and 533 of the Housing Act of 1949 (42 U.S.C. 9 1472(a); 1474; 1484; 1485; 1486; 1490m). 10 (6) FEDERALLY OWNED HOUSING.—The term 11 ‘‘federally owned housing’’ means residential dwell- 12 ings owned or managed by a Federal agency, or for 13 which a Federal agency is a trustee or conservator. 14 For the purpose of this paragraph, the term ‘‘Fed- 15 eral agency’’ includes the Department of Housing 16 and Urban Development, the Rural Housing Service 17 of the Department of Agriculture, the Federal De- 18 posit Insurance Corporation, the General Services 19 Administration, the Department of Defense, the De- 20 partment of Veterans Affairs, the Department of the 21 Interior, the Department of Transportation, and any 22 other Federal agency. 23 (7) FEDERALLY SUPPORTED WORK.—The term 24 ‘‘federally supported work’’ means any lead hazard 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 4321 IH evaluation or reduction activities conducted in feder- 1 ally owned or assisted housing or funded in whole or 2 in part through any financial assistance program of 3 the Department of Housing and Urban Develop- 4 ment, the Rural Housing Service of the Department 5 of Agriculture, or the Department of Veterans Af- 6 fairs. 7 (8) INSPECTION.—The term ‘‘inspection’’ 8 means an investigation to determine the presence of 9 lead-based pipe or taps as provided in section 141.86 10 of the regulations of the Environmental Protection 11 Agency (40 C.F.R. 181.46; relating to monitoring 12 requirements for lead and copper in tap water) and 13 the provision of a report explaining the results of the 14 investigation. 15 (9) INTERIM CONTROLS.—The term ‘‘interim 16 controls’’ means a set of measures designed to re- 17 duce temporarily human exposure or likely exposure 18 to lead-based pipe hazards, including specialized 19 cleaning, repairs, maintenance, ongoing monitoring 20 of lead-based pipe or potential hazards, and the es- 21 tablishment and operation of management and resi- 22 dent education programs. 23 (10) LEAD-BASED PIPE.—The term ‘‘lead-based 24 pipe’’ means any pipe, including fittings, taps, fix- 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 4321 IH tures, solder, and flux that does not satisfy the defi- 1 nition of ‘‘lead-free’’ established under section 1417 2 of the Safe Drinking Water Act. 3 (11) LEAD-BASED PIPE HAZARDS.—The term 4 ‘‘lead-based pipe hazards’’ means any condition that 5 causes exposure to lead from lead-based pipe that 6 would result in adverse human health effects, as es- 7 tablished by the Environmental Protection Agency. 8 (12) MORTGAGE LOAN.—The term ‘‘mortgage 9 loan’’ includes any loan (other than temporary fi- 10 nancing such as a construction loan) that— 11 (A) is secured by a first lien on any inter- 12 est in residential real property; and 13 (B) either— 14 (i) is insured, guaranteed, made, or 15 assisted by the Department of Housing 16 and Urban Development, the Department 17 of Veterans Affairs, or the Rural Housing 18 Service of the Department of Agriculture, 19 or by any other agency of the Federal Gov- 20 ernment; or 21 (ii) is intended to be sold by each 22 originating mortgage institution to any 23 federally chartered secondary mortgage 24 market institution. 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 9 •HR 4321 IH (13) ORIGINATING MORTGAGE INSTITUTION.— 1 The term ‘‘originating mortgage institution’’ means 2 a lender that provides mortgage loans. 3 (14) PRIORITY HOUSING.—The term ‘‘priority 4 housing’’ means housing that qualifies as affordable 5 housing under section 215 of the Cranston-Gonzalez 6 National Affordable Housing Act (42 U.S.C. 7 12745), including housing that receives assistance 8 under subsection (b) or (o) of section 8 of the 9 United States Housing Act of 1937 (42 U.S.C. 10 1437f). 11 (15) PUBLIC HOUSING.—The term ‘‘public 12 housing’’ has the meaning given such term in section 13 3(b) of the United States Housing Act of 1937 (42 14 U.S.C. 1437a(b)). 15 (16) REDUCTION.—The term ‘‘reduction’’ 16 means measures designed to reduce or eliminate 17 human exposure to lead-based pipe hazards through 18 methods including interim controls and abatement. 19 (17) RESIDENTIAL DWELLING.—The term ‘‘res- 20 idential dwelling’’ means— 21 (A) a single-family dwelling, including at- 22 tached structures such as porches and stoops; 23 or 24 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 10 •HR 4321 IH (B) a single-family dwelling unit in a 1 structure that contains more than 1 separate 2 residential dwelling unit, in which each such 3 unit is used or occupied, or intended to be used 4 or occupied, in whole or in part, as the home 5 or residence of one or more persons. 6 (18) RESIDENTIAL REAL PROPERTY.—The term 7 ‘‘residential real property’’ means real property on 8 which there is situated one or more residential dwell- 9 ings used or occupied, or intended to be used or oc- 10 cupied, in whole or in part, as the home or residence 11 of one or more persons. 12 (19) RISK ASSESSMENT.—The term ‘‘risk as- 13 sessment’’ means an on-site investigation to deter- 14 mine and report the existence, nature, severity, and 15 location of lead-based pipe hazards in residential 16 dwellings, including— 17 (A) information gathering regarding the 18 age and history of the housing and occupancy 19 by children under age 6; 20 (B) visual inspection; 21 (C) other activities as may be appropriate; 22 and 23 (D) provision of a report explaining the re- 24 sults of the investigation. 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS 11 •HR 4321 IH (20) SECRETARY.—The term ‘‘Secretary’’ 1 means the Secretary of Housing and Urban Develop- 2 ment. 3 TITLE I—LEAD-BASED PIPE 4 HAZARD REDUCTION 5 SEC. 101. GRANTS FOR LEAD-BASED PIPE HAZARD REDUC- 6 TION IN HOUSING. 7 (a) GENERAL AUTHORITY.—The Secretary of Hous- 8 ing and Urban Development is authorized to provide 9 grants to eligible applicants to evaluate and reduce lead- 10 based pipes hazards in priority housing that is not feder- 11 ally assisted housing, federally owned housing, or public 12 housing, in accordance with the provisions of this section. 13 (b) ELIGIBLE APPLICANTS.—A State or unit of local 14 government that has an approved comprehensive housing 15 affordability strategy under section 105 of the Cranston- 16 Gonzalez National Affordable Housing Act (42 U.S.C. 17 12705) is eligible to apply for a grant under this section. 18 (c) FORM OF APPLICATION.—To receive a grant 19 under this section, a State or unit of local government 20 shall submit an application in such form and in such man- 21 ner as the Secretary shall prescribe. An application shall 22 contain— 23 (1) a copy of that portion of an applicant’s 24 comprehensive housing affordability strategy re- 25 VerDate Sep 11 2014 20:03 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4321.IH H4321 lotter on DSKBCFDHB2PROD with BILLS [Text truncated for display. Full text available on Congress.gov.]