,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgac ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjbj,mr4 ,mc,eachin 7for himself and ,mr4 ,garca of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to amend the ,lead-,based ,paint ,poisoning ,prevention ,act to provide for additional procedures for families with children under the age of #f1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lead-,safe ,housing for ,kids ,act of #bjbj4 #b4 ,congressional findings ,the ,congress finds that-- 7#a7 according to the ,centers for ,disease ,control and ,prevention 7,,cdc71 in #bjad approximately #iie1fjj or #d percent of children under the age of #f in the ,united ,states had elevated blood lead levels above the ,,cdc reference value of #e micrograms per deciliter 7g_/d,l72 7#b7 there is no safe level of lead poisoning2 7#c7 according to the ,,cdc1 the effects of lead poisoning are immediate and permanent--childhood exposure to lead1 even at very low levels1 can have lifelong consequences1 including decreased ,,iq and cognitive function1 developmental delays1 and behavioral problems2 7#d7 higher exposures to lead at a young age can cause seizures1 coma1 and even death2 7#e7 according to the ,national ,housing ,law ,project1 there are over #ij1djj children in the ,united ,states living in housing assisted under the ,housing ,choice ,voucher ,program who have lead poisoning and there are an additional #cdj1jjj children living in federally assisted housing who are at risk2 7#f7 under current program rules1 children whose families participate in the ,housing ,choice ,voucher ,program must develop lead poisoning before a lead hazard risk assessment occurs2 7#g7 ,columbia ,university estimates the potential societal costs of lead poisoning in the ,housing ,choice ,voucher ,program to be almost #a4b billion2 and 7#h7 while some localities have required property owners to conduct risk assessments and abate lead when a child under the age of #f will reside in a dwelling unit1 there has been evidence that such policies led to augmented instances of housing discrimination on the basis of familial status1 making housing opportunities less available for families with children and increasing the risk of homelessness for such families4 #c4 ,amendments to the ,lead-,based ,paint ,poisoning ,prevention ,act ,section #cjb7;a7 of the ,lead-,based ,paint ,poisoning ,prevention ,act 7#db ,u4,s4,c4 #dhbb7;a77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,additional procedures for families with children under the age of #f 7,a7 ,risk assessment 7i7 ,definition ,in this subparagraph1 the term covered housing-- 7,i7 means housing receiving ,federal assistance described in paragraph 7#a7 that-- 7aa7 was constructed prior to #aigh2 and 7bb7 7,,aa7 is public housing2 7,,bb7 receives project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f72 7,,cc7 receives assistance under the ,housing ,opportunities for ,persons ,with ,,aids under subtitle ,d of title ,,viii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abija et seq472 or 7,,dd7 receives assistance under the ,supportive ,housing for ,persons ,with ,disabilities under section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 and 7,,ii7 does not include-- 7aa7 single-family housing covered by an application for mortgage insurance under the ,national ,housing ,act 7#ab ,u4,s4,c4 #agja et seq472 or 7bb7 multi-family housing that-- 7,,aa7 is covered by an application for mortgage insurance under the ,national ,housing ,act 7#ab ,u4,s4,c4 #agja et seq472 and 7,,bb7 does not receive any other ,federal housing assistance4 7ii7 ,regulations ,not later than #ahj days after the date of enactment of the ,lead-,safe ,housing for ,kids ,act of #bjbj1 the ,secretary shall promulgate regulations that-- 7,i7 require the owner of covered housing in which a family with a child of less than #f years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards-- 7aa7 in the case of covered housing receiving public housing assistance under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 or project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 not later than #ae days after the date on which a physical condition inspection occurs2 and 7bb7 in the case of covered housing not described in item 7aa71 not later than a date established by the ,secretary2 7,,ii7 provide that a visual assessment alone is not sufficient for purposes of complying with subclause 7,i72 7,,iii7 require that1 if lead-based paint hazards are identified by an initial risk assessment conducted under subclause 7,i71 the public housing agency for or owner of the covered housing shall-- 7aa7 not later than #cj days after the date on which the initial risk assessment is conducted1 control the lead-based paint hazards1 including achieving clearance in accordance with regulations promulgated under section #djb or #djd of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb1 #bfhd71 as applicable1 except that to the extent that the requirements under this item result in additional costs1 this item shall be effective and apply only to the extent that amounts to cover such additional costs are provided in advance in appropriation ,acts2 and 7bb7 provide notice to all residents in the covered housing affected by the initial risk assessment1 and provide notice in the common areas of the covered housing1 that lead-based paint hazards were identified and will be controlled within the #cj-;day period described in item 7aa72 and 7,,iv7 provide that there shall be no extension of the #cj-;day period described in subclause 7,,iii77aa74 7iii7 ,exceptions ,the regulations promulgated under clause 7ii7 shall provide an exception to the requirement under subclause 7,i7 of such clause for covered housing-- 7,i7 if the public housing agency for or owner of the covered housing submits to the ,secretary documentation-- 7aa7 that the public housing agency or owner conducted a risk assessment of the covered housing for lead-based paint hazards during the #ab-month period preceding the date on which the family is expected to reside in the covered housing2 and 7bb7 of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item 7aa72 7,,ii7 from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section #djb or #djd of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb1 #bfhd71 as applicable2 7,,iii7 7aa7 if the dwelling unit is unoccupied2 7bb7 if the public housing agency for or owner of the covered housing1 without any further delay in occupancy or increase in rent1 provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards2 and 7cc7 the common areas servicing the new dwelling unit have no lead-based paint hazards2 and 7,,iv7 if the covered housing is in compliance with the schedule for risk assessment under the program under which assistance is provided for the housing and such schedule provides that the period of time between the most recent assessment and the next assessment will not exceed #bd months4 7,b7 ,relocation ,not later than #ahj days after the date of enactment of the ,lead-,safe ,housing for ,kids ,act of #bjbj1 the ,secretary shall promulgate regulations to provide that a family with a child of less than #f years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified1 but not controlled in accordance with regulations required under clause 7ii71 may relocate on an emergency basis and without placement on any waiting list1 penalty 7including rent payments to be made for that dwelling unit71 or lapse in assistance to another dwelling unit in covered housing that has no lead-based paint hazards4 4 #d4 ,demonstration program for tenant-based housing 7a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall establish and implement a demonstration program under which-- 7#a7 an owner of a dwelling for which tenant-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 is provided and in which a child of less than #f years of age will reside or is expected to reside shall conduct1 and cover the costs of1 an initial risk assessment for lead-based paint hazards in such housing2 7#b7 the ,secretary shall cover the costs of abatement of any lead-based paint hazards identified pursuant to risk assessments paid for as provided under paragraph 7#a72 and 7#c7 the owner of any dwelling unit for which abatement activities are conducted pursuant to paragraph 7#b7 is required1 for a period to be determined by the ,secretary based on the cost or percentage of the cost of such abatement activities covered by the ,secretary1 to rent the dwelling unit only to a household assisted with tenant-based rental assistance under such section #h4 7b7 ,procedures and requirements ,under the demonstration program1 the ,secretary shall establish procedures and requirements with respect to housing covered by the demonstration program that are similar to the procedures and requirements applicable under paragraph 7#a7 of section #cjb7;a7 of the ,lead-,based ,paint ,poisoning ,prevention ,act 7#db ,u4,s4,c4 #dhbb7;a77#a77 to housing covered by such paragraph1 except as otherwise modified by this section4 7c7 ,geographical diversity ,the ,secretary shall carry out the demonstration program under this section in a variety of locations having high rates of lead poisoning1 including urban areas and rural areas1 in a manner that ensures geographically diversity of housing assisted under the program4 7d7 ,coordination ,public housing agencies providing rental assistance for dwelling units participating in the demonstration program under this section shall coordinate with local public health agencies to determine if such dwelling units had a previous history of lead poisoning and if that lead poisoning was reported to the public housing agency4 7e7 ,monitoring2 reporting 7#a7 ,monitoring ,the ,secretary shall monitor the extent of landlord compliance and participation under the demonstration program under this section and shall assess the relationships between the period of affordability required under subsection 7a77#b71 the amount or portion of the cost of abatement activities covered by the ,secretary pursuant to such subsection1 and the level of participation in the demonstration program by landlords4 7#b7 ,annual reports ,the ,secretary shall submit a report annually to the ,congress on landlord compliance and participation in the demonstration program4 ,each such report shall identify any changes in the rate of landlord compliance and participation from year to year and from immediately before the implementation of the demonstration program to the time of such report1 and shall include an analysis of whether and the extent to which the availability of dwelling units to be assisted with tenant-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg is restricted or limited based on race1 color1 religion1 sex1 disability1 familial status1 or national origin in any manner that does not comply with the ,fair ,housing ,act4 7#c7 ,involvement of ,office of ,fair ,housing and ,equal ,opportunity ,in conducting monitoring pursuant to paragraph 7#a7 and preparing reports pursuant to paragraph 7#b71 the ,secretary shall involve and consult with the ,office of ,fair ,housing and ,equal ,opportunity4 7#d7 ,final report ,not later than the expiration of the #f-month period beginning upon the termination of the demonstration program under subsection 7h71 the ,secretary shall submit a final report on the program to the ,congress that shall include the following information3 7,a7 ,annual report information ,all information required to be submitted pursuant to paragraph 7#b7 in each annual report under such paragraph4 7,b7 ,effectiveness in preventing lead poisoning ,identification of-- 7i7 the overall number of dwelling units where a risk assessment identified a lead hazard before a child under age six occupied the unit2 and 7ii7 if feasible1 for each dwelling with such an identified lead hazard-- 7,i7 whether the unit had visual signs of a lead hazard or had previously passed a visual inspection2 and 7,,ii7 any documented cases of lead poisoning in children previously residing in the dwelling unit4 7,c7 ,actual cost ,identification of-- 7i7 the actual cost of conducting pre-occupancy risk assessments of dwelling units1 including the varying cost based on the age1 building type1 and location of the unit2 7ii7 the actual cost of lead-based paint hazard control activities conducted after a risk assessment that indicated the presence of a lead-based paint hazard in the participating units2 and 7iii7 the actual cost of the clearance examination conducted after completion of lead-based paint hazard control activities4 7,d7 ,participating tenants ,identification of-- 7i7 the number1 age1 race1 and ethnicity of children who would have lived in dwelling units where a lead hazard was discovered after a pre-occupancy risk assessment2 and 7ii7 the number1 age1 race1 and ethnicity of children residing in dwelling units in buildings in which a participating dwelling unit having a lead-based paint hazard is located4 7,e7 ,participating ,units ,identification of-- 7i7 the age of participating dwelling units2 7ii7 the block in which participating units are located and1 if not available1 the census tract in which participating units are located2 7iii7 the type of building in which participating units are located2 and 7iv7 the number of participating units in which a lead-based paint hazard was discovered4 7,f7 ,risk assessments ,identification of-- 7i7 the number of inspectors available in each locality to conduct risk assessments under the program2 7ii7 the amount of time elapsed from making of a request for a risk assessment until completion of the assessment2 and 7iii7 the agency employing each inspector4 7f7 ,public availability of information ,the ,secretary shall make information collected pursuant to the demonstration program under this section publicly available on the website of the ,department in a manner that does not provide any personally identifiable information regarding individuals or households participating in the program4 7g7 ,definitions ,for purposes of this section1 the terms risk assessment1 inspection1 interim controls1 and lead-based paint hazard have the same meaning given such terms in section #ajjd of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b74 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj for fiscal years #bjba through #bjbe to carry out this section4 7i7 ,termination ,the demonstration program established under this section shall terminate #e years after the date of the enactment of this ,act4 #e4 ,risk assessments ,paragraph 7#be7 of section #ajjd of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b7#be77 is amended-- 7#a7 by redesignating subparagraph 7,e7 as subparagraph 7,g72 and 7#b7 by striking subparagraphs 7,c7 and 7,d7 and inserting the following new subparagraphs3 7,c7 dust sampling2 7,d7 soil sampling2 7,e7 paint testing2 7,f7 water testing2 and 4 #f4 ,notice to assisted families regarding fair housing rights and lead-based paint ,subtitle ,f of title ,v of the ,quality ,housing and ,work ,responsibility ,act of #aiih is amended-- 7#a7 in section #egh7;c7 7#db ,u4,s4,c4 #acffc7;c771 by striking section #egi7;a77#b7 and inserting section #ehj7;a77#b72 7#b7 by redesignating section #egi 7#db ,u4,s4,c4 #acffd7 as section #ehj2 and 7#c7 by inserting after section #egh 7#db ,u4,s4,c4 #acffc7 the following new section3 #egi4 ,notice to assisted families regarding fair housing rights and lead-based paint 7a7 ,required provision ,the ,secretary shall require each public housing agency and owner of housing described in subsection 7d7 to provide written notice under subsection 7b7 to each-- 7#a7 7,a7 applicant who is selected from the waiting list for admission to such federally assisted housing or to such a federally assisted housing program2 and 7,b7 assisted family who moves to a different such federally assisted housing dwelling unit2 and 7#b7 whose household at the time of such selection or move1 includes a child of less than #f years of age who will reside or is expected to reside in such housing4 7b7 ,contents2 timing ,written notice under this subsection shall be notice1 in the form developed under subsection 7c7 that is provided at the time of the selection or move1 as applicable1 described in subsection 7a77#a71 that includes information sufficient to describe to the applicant or assisted family-- 7#a7 the adverse health effects lead poisoning can have on individuals and particularly on children2 7#b7 their rights under the ,fair ,housing ,act and other applicable ,state or local laws regarding fair housing1 including how to report housing discrimination violations under such ,act and laws2 7#c7 the extent of the owner's responsibility to ensure that their housing is controlled for lead-based paint2 7#d7 that the responsibility described pursuant to paragraph 7#b7 should not limit the ability of the applicant or assisted family to secure federally assisted housing based on ,fair ,housing rights under such paragraph2 and 7#e7 that all children enrolled in ,medicaid1 including children enrolled for medical assistance under a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such a plan7 and children enrolled for child health assistance under a ,state child health plan under title ,,xxi of such ,act 7#db ,u4,s4,c4 #acig;aa et seq47 7or a waiver of such a plan71 are required to receive blood lead screening tests at ages #ab months and #bd months and that1 in addition1 any child between #bd and #gb months with no record of a previous blood lead screening test must receive such a screening test4 7c7 ,standard form ,the ,secretary shall develop a standard form of the notice required under this section that complies with all of the requirements of this section and shall make such standard form available to public housing agencies and owners of federally assisted housing to facilitate compliance with the requirements this section4 7d7 ,covered housing programs ,housing described in this subsection is housing that is-- 7#a7 specified in subparagraph 7,a71 7,b71 7,c71 or 7,f7 of section #ehj7;a77#a72 or 7#b7 assisted under the ,housing ,opportunities for ,persons ,with ,,aids under subtitle ,d of title ,,viii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abija et seq47 4 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out the amendments made by section #b such sums as may be necessary for each of fiscal years #bjbj through #bjbd for-- 7#a7 covering administrative costs of public housing agencies and other owners of covered housing in complying with such amendments1 including cost of providing notice under section #cjb7;a77#d77;,a77ii77,,iii77bb7 of the ,lead-,based ,paint ,poisoning ,prevention ,act 7as added by the amendment made by section #b7b7 of this ,act7 and section #egi of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7as added by section #e7c7 of this ,act72 7#b7 costs of the ,department of ,housing and ,urban ,development for training individuals to conduct risk assessments to be conducted under section #cjb7;a7 of the ,lead-,based ,paint ,poisoning ,prevention ,act and under the demonstration program under section #d of this ,act2 7#c7 the ,office of ,fair ,housing and ,equal ,opportunity of the ,department of ,housing and ,urban ,development-- 7,a7 for carrying out a national education campaign regarding lead-based paint on ,fair ,housing ,act protections and for tenant outreach and landlord engagement2 and 7,b7 for enforcement activities1 including activities under the ,fair ,housing ,initiatives ,program under section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a72 and 7#d7 the ,secretary of ,housing and ,urban ,development to conduct a study of universal lead abatement that is phased in over time4