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II
113th CONGRESS
1st Session
S. 290
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Reed (for himself,
Mr. Johanns, Mrs. Boxer, and Mr.
Franken) introduced the following bill; which was read twice and
referred to the Committee on Banking,
Housing, and Urban Affairs
A BILL
To reduce housing-related health hazards, and for other
purposes.
1.
Short
title
This Act may be cited as
the Title X Amendments Act of
2013.
2.
Findings
Congress finds the following:
(1) Poor housing
conditions contribute to a wide range of health conditions, including
unintentional injuries, respiratory illness, asthma, and cancer, which
disproportionately impact susceptible and vulnerable populations, such as
children, the poor, minorities, and people with chronic medical
conditions.
(2) Over 30 million
housing units in the United States have significant physical problems or
elevated levels of lead, radon, or other contaminants that place their
occupants at risk for illnesses or injuries.
(3) The societal cost
of unhealthy housing in terms of lost productivity, missed school days, crime,
and disability far exceed the cost of improving housing conditions.
(4) Cost-effective
solutions to residential health and safety hazards exist, including—
(A) interventions for
children and adolescents with asthma to reduce symptom days, improve quality of
life, and reduce missed school days;
(B) housing policies
to reduce childhood lead exposure; and
(C) the installation
of safety devices such as smoke detectors and carbon monoxide alarms to reduce
injuries and death from fires and malfunctioning equipment.
(5) The Federal
Government must continue its leadership in demonstrating and implementing
projects that support the national goal substantially reducing the number of
homes in the United States with residential health and safety hazards.
3.
Definitions
Section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended—
(1) by redesignating
paragraphs (12) through (27) as paragraphs (15) through (30),
respectively;
(2) by redesignating
paragraph (11) as paragraph (13);
(3) by redesignating
paragraphs (6) through (10) as paragraphs (7) through (11),
respectively;
(4) by inserting
after paragraph (5) the following:
(6)
Eligible
applicant
The term eligible applicant means a State,
a unit of general local government, an Indian tribe, or a private nonprofit
organization that meets the requirements of section
1101(b).
;
(5) by inserting
after paragraph (11), as so redesignated, the following:
(12)
Housing-related
health hazard
The term housing-related health hazard
means any condition of residential real property that poses a risk of
biological, physical, radiological, or chemical exposure that can adversely
affect human health.
;
and
(6) by inserting
after paragraph (13), as so redesignated, the following:
(14)
Indian
tribe
The term Indian tribe has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C.
450b).
.
4.
Grant
program
Section 1011 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is
amended—
(1) in the section
heading, by striking Grants
for lead-based paint hazard reduction in target
housing and inserting Grants for reduction of lead-based paint hazards
and correction of other housing-related
hazards;
(2) in subsection
(a)—
(A) by redesignating
paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (D),
respectively;
(B) in subparagraph
(A), as so redesignated—
(i) by
striking for grants and inserting For grants;
and
(ii) by
striking the semicolon at the end and inserting a period;
(C) in subparagraph
(B), as so redesignated—
(i) by
striking for grants and inserting For grants;
and
(ii) by
striking ; and and inserting a period;
(D) by inserting
after subparagraph (B), as so redesignated, the following:
(C) For grants made to carry out any of
paragraphs (1) through (9) or (11) of subsection (e), the grants may not be
used to assist federally assisted housing, federally owned housing, or public
housing.
;
(E) in subparagraph
(D), as so redesignated, by striking notwithstanding paragraphs (1) and
(2) and inserting Notwithstanding subparagraphs (A) and
(B);
(F) in the matter
preceding subparagraph (A), as so redesignated, by striking The
Secretary and all that follows
throughcriteria— and inserting the following:
(1)
Authorization
The
Secretary is authorized to provide grants to eligible applicants to evaluate
and reduce lead-based paint hazards and to identify and correct other
housing-related health hazards in accordance with the provisions of this
section.
(2)
Criteria
The
Secretary may make a grant under this section only to provide housing that
meets the following criteria:
;
and
(G) by adding at the
end the following:
(3)
Income
verification
For the purpose of verifying the income level of a
family under subparagraphs (A) and (B), the Secretary may establish a process
by which a grantee may first obtain and use income and program participation
information from an entity administering—
(A) the HOME
Investment Partnerships program under title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12721 et seq.);
(B) the special
supplemental nutrition program for women, infants, and children established
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
(C) reduced price or
free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(D) the
weatherization assistance program for low-income persons established under part
A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et
seq.);
(E) the temporary
assistance for needy families program established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.);
(F) the supplemental
security income program established under title XVI of the Social Security Act
(42 U.S.C. 1381 et seq.); or
(G) any other program
that the Secretary determines is consistent with the family income requirements
of this
section.
;
(3) by striking
subsection (b) and inserting the following:
(b)
Eligible
applicants
(1)
Lead-based
paint hazards
(A)
In
general
A State or unit of general local government, as defined
under section 104 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704), that has an approved comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705), or an Indian tribe is eligible to apply for a grant to
carry out activities under any of paragraphs (1) through (9) or (11) of
subsection (e).
(B)
Exception
A
private nonprofit organization shall be eligible to apply for a grant to carry
out activities under paragraphs (1) through (9) or (11) of subsection (e) if
the application adequately demonstrates that it is being submitted in
partnership with the State or unit of general local government in which the
activities will be carried out.
(2)
Housing-related
health hazards
A private nonprofit organization shall be eligible
to apply for a grant to carry out activities under subsection
(e)(10).
;
(4) in subsection
(c), in the matter preceding paragraph (1), by striking a State or unit
of local government and inserting an eligible
applicant;
(5) in subsection
(d)—
(A) in paragraph
(1)—
(i) by
inserting in the case of a grant to carry out activities relating to
lead-based paint hazards, before the extent; and
(ii) by
striking housing and inserting target housing or
0-bedroom dwellings constructed before 1978;
(B) in paragraph (2),
by inserting or other housing-related health hazards after
lead-based paint hazards;
(C) by redesignating
paragraphs (2) through (5) as paragraphs (3) through (6); and
(D) by inserting
after paragraph (1) the following:
(2) in the case of a
grant to carry out activities relating to housing-related hazards, the extent
to which the proposed activities will correct housing-related health
hazards;
;
(6) in subsection
(e)—
(A) in paragraph (5),
by inserting renovations, remodeling, after
inspections,;
(B) in paragraph
(9)—
(i) by
inserting before and after housing; and
(ii) by
striking and at the end;
(C) by redesignating
paragraph (10) as paragraph (11); and
(D) by inserting
after paragraph (9) the following:
(10) provide for the
assessment and correction of housing-related health hazards and the evaluation
of the effectiveness of the assessment and correction;
and
;
(7) in subsection
(l)—
(A) in paragraph (3),
by inserting in the case of a grant to carry out activities relating to
lead-based paint hazards, before the ability; and
(B) in paragraph (4),
by inserting and other housing-related health hazards have been
corrected after abated; and
(8) in subsection
(n), by inserting or Indian tribe after State
each place that term appears.
5.
Authorization of
appropriations
Section 1011 of
the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852)
is amended by striking subsection (p) and inserting the following:
(p)
Allocation of
amounts appropriated for housing-Related health hazards
(1)
In
general
Except as provided in paragraph (2), not more than 25
percent of the amounts made available under subsection (q) for a fiscal year
shall be available for grants to carry out activities under subsection
(e)(10).
(2)
Exception
If
an amount that is not more than $120,000,000 is appropriated for a fiscal year,
not more than $30,000,000 of that amount shall be available for grants to carry
out activities under subsection (e)(10) for that fiscal year.
(q)
Authorization
of appropriations
For purposes of carrying out this subtitle,
there are authorized to be appropriated $250,000,000 for each of fiscal years
2014 through
2018.
.