H.R. 8171

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8171 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 8171

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 HOUSE OF REPRESENTATIVES

April 30, 2024

Mr. Garcia of Illinois introduced the following bill; 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 6, 
and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Lead-Safe Housing for Kids Act of 
2024''.

SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT.

Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 
U.S.C. 4822(a)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph 
(A), by inserting after ``mortgage insurance'' the following: 
``, tenant-based rental assistance under section 8(o) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)),'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Additional procedures for families with children 
under the age of 6.--
``(A) Risk assessment.--
``(i) Definition.--In this subparagraph, 
the term `covered housing' means target 
housing, as defined in section 1004 of the 
Residential Lead-Based Paint Hazard Reduction 
Act of 1992 (42 U.S.C. 4851b), that--
``(I) is covered by an application 
for mortgage insurance or housing 
assistance payments under a program 
administered by the Secretary; or
``(II) otherwise receives more than 
$5,000 in project-based assistance 
under a Federal housing program.
``(ii) Regulations.--Not later than 1 year 
after the date of enactment of the Lead-Safe 
Housing for Kids Act of 2024, the Secretary 
shall promulgate regulations that--
``(I) require the owner of covered 
housing in which a family with a child 
of less than 6 years of age will reside 
or is expected to reside to conduct an 
initial risk assessment for lead-based 
paint hazards--
``(aa) in the case of 
covered housing receiving 
tenant-based rental assistance 
under section 8(o) of the 
United States Housing Act of 
1937 (42 U.S.C. 1437f(o)), not 
later than 15 days after the 
date on which the family and 
the owner submit a request for 
approval of a tenancy or lease 
renewal, whichever occurs 
first;
``(bb) in the case of 
covered housing receiving 
public housing assistance under 
the United States Housing Act 
of 1937 (42 U.S.C. 1437 et 
seq.) or project-based rental 
assistance under section 8 of 
the United States Housing Act 
of 1937 (42 U.S.C. 1437f), not 
later than 15 days after the 
date on which a physical 
condition inspection occurs; 
and
``(cc) in the case of 
covered housing not described 
in item (aa) or (bb), not later 
than a date established by the 
Secretary;
``(II) provide that a visual 
assessment alone is not sufficient for 
purposes of complying with subclause 
(I);
``(III) require that, if lead-based 
paint hazards are identified by an 
initial risk assessment conducted under 
subclause (I), the owner of the covered 
housing shall--
``(aa) not later than 30 
days after the date on which 
the initial risk assessment is 
conducted, control the lead-
based paint hazards, including 
achieving clearance in 
accordance with regulations 
promulgated under section 402 
or 404 of the Toxic Substances 
Control Act (15 U.S.C. 2682, 
2684), as applicable; and
``(bb) in accessible and 
alternative formats consistent 
with the requirements under 
section 504 of the 
Rehabilitation Act of 1973 (29 
U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), and 
title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et 
seq.), provide notice to all 
residents in the covered 
housing affected by the initial 
risk assessment, and provide 
notice in the common areas of 
the covered housing, that lead-
based paint hazards were 
identified and will be 
controlled within the 30-day 
period described in item (aa); 
and
``(IV) provide that there shall be 
no extension of the 30-day period 
described in subclause (III)(aa).
``(iii) Exceptions.--The regulations 
promulgated under clause (ii) shall provide an 
exception to the requirement under subclause 
(I) of such clause for covered housing--
``(I) if the owner of the covered 
housing submits to the Secretary 
documentation--
``(aa) that the owner 
conducted a risk assessment of 
the covered housing for lead-
based paint hazards during the 
12-month period preceding the 
date on which the family is 
expected to reside in the 
covered housing; and
``(bb) of any clearance 
examinations of lead-based 
paint hazard control work 
resulting from the risk 
assessment described in item 
(aa) that show that the housing 
passed the clearance 
examination;
``(II)(aa) if a lead-based paint 
inspection of the covered housing 
determined that lead-based paint was 
not present in the covered housing; or
``(bb) from which all lead-based 
paint has been identified and removed 
and clearance has been achieved in 
accordance with regulations promulgated 
under section 402 or 404 of the Toxic 
Substances Control Act (15 U.S.C. 2682, 
2684) or under this section, as 
applicable;
``(III) if--
``(aa) lead-based paint 
hazards are identified in the 
dwelling unit in the covered 
housing in which the family 
will reside or is expected to 
reside;
``(bb) the dwelling unit is 
unoccupied;
``(cc) the owner of the 
covered housing, without any 
further delay in occupancy or 
increase in rent, provides the 
family with another dwelling 
unit in the covered housing 
that has no lead-based paint 
hazards; and
``(dd) the common areas 
servicing the new dwelling unit 
have no lead-based paint 
hazards; and
``(IV) in accordance with any other 
standard or exception the Secretary 
deems appropriate based on health-based 
standards.
``(B) Relocation.--
``(i) In general.--Not later than 1 year 
after the date of enactment of the Lead-Safe 
Housing for Kids Act of 2024, the Secretary 
shall promulgate regulations to provide that a 
family with a child of less than 6 years of age 
that occupies a dwelling unit in covered 
housing in which lead-based paint hazards were 
identified, but not controlled in accordance 
with regulations required under subparagraph 
(A)(ii), may relocate on an emergency basis and 
without placement on any waitlist, penalty 
(including rent payments to be made for that 
dwelling unit), or lapse in assistance to a 
dwelling unit that--
``(I) was constructed in 1978 or 
later; or
``(II) is in covered housing that 
has no lead-based paint hazards.
``(ii) Requirements.--Relocation described 
in clause (i) shall be performed consistent 
with the standards set forth under the Uniform 
Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 
4601 et seq.) and any other applicable Federal 
civil rights, fair housing, and 
nondiscrimination laws.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out the amendments 
made by section 2 such sums as may be necessary for each of fiscal 
years 2025 through 2029.
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