I

106TH CONGRESS

2D SESSION H. R. 5261

To authorize the Secretary of Housing and Urban Development to make

grants to evaluate and reduce lead-based paint hazards at public elementary schools and licensed child day-care facilities.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 2000

Ms. ROYBAL-ALLARD (for herself, Mr. HINCHEY, and Ms. CARSON) introduced

the following bill; which was referred to the Committee on Commerce,

and in addition to the Committee on Education and the Workforce, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the Secretary of Housing and Urban Development to make grants to evaluate and reduce lead-based

paint hazards at public elementary schools and licensed

child day-care facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘School and Day-Care

5 Lead-Based Paint Reduction Act of 2000’’.
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1 SEC. 2. PROGRAM OF GRANTS REGARDING LEAD-BASED

2 PAINT HAZARDS AT PUBLIC ELEMENTARY

3 SCHOOLS AND LICENSED CHILD DAY-CARE

4 FACILITIES.

5 (a) IN GENERAL.—

6 (1) AUTHORITY FOR MAKING GRANTS.—The

7 Secretary of Housing and Urban Development may

8 make grants to States, units of local government,

9 and local educational agencies for the purpose of

10 evaluating and reducing lead-based paint hazards

11 at—

12 (A) public elementary schools; and

13 (B) child day-care facilities that are li14 censed by the State in which the facilities are

15 located.

16 (2) CONSULTATIONS.—In carrying out this sec17 tion, the Secretary shall consult with the Secretary

18 of Education, the Administrator of the Environ19 mental Protection Agency, and the Secretary of

20 Health and Human Services.

21 (b) SELECTION CRITERIA.—The Secretary shall

22 make grants under subsection (a) on the basis of the ac23 tivities proposed to be carried out with the grants and on

24 the basis of the following criteria for approving applica25 tions for the grants:
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1 (1) The extent to which the proposed activities

2 will reduce the risk of lead poisoning to children at

3 the eligible facilities involved, with priority given to

4 facilities that serve significant numbers of children

5 who are under the age of 6.

6 (2) The comparative degree of severity and ex7 tent of lead-based paint hazards at the eligible facili8 ties.

9 (3) The extent to which the facilities and the

10 applicant for the grant have the fiscal capacity to

11 carry out the purpose described in subsection (a)

12 without a grant under such subsection.

13 (4) The ability of the applicant to provide for

14 the non-Federal contributions required in subsection

15 (d).

16 (5) The ability of the applicant to carry out the

17 proposed activities.

18 (6) Such other factors as the Secretary deter19 mines appropriate to ensure that the grants are used

20 effectively and to promote the purpose described in

21 subsection (a).

22 (c) AUTHORIZED EXPENDITURES.—The Secretary

23 may authorize the expenditure of a grant under subsection

24 (a) for the following purposes:
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1 (1) To perform risk assessments and lead in2 spections at the eligible facilities involved.

3 (2) To provide for the interim control of lead4 based paint hazards at such facilities.

5 (3) To provide for the abatement of such haz6 ards at the facilities.

7 (4) If the facilities are undergoing renovations

8 carried out with funds other than the grant, to pro9 vide for the additional cost of reducing such hazards

10 at the facilities.

11 (5) To ensure that risk assessments, inspec12 tions, and abatements are carried out by certified

13 contractors in accordance with section 402 of the

14 Toxic Substances Control Act. This paragraph may

15 not be construed as prohibiting personnel who carry

16 out maintenance or cleaning duties at eligible facili17 ties from performing their normal duties at the fa18 cilities.

19 (6) To monitor the blood-lead levels of workers

20 involved in lead hazard reduction activities carried

21 out pursuant to this section.

22 (7) To assist in the temporary relocation of the

23 activities of the facilities while lead hazard reduction

24 measures are being conducted at the facilities.
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1 (8) To educate the following individuals on the

2 nature and causes of lead poisoning and on meas3 ures to reduce lead-based paint hazards at the facili4 ties:

5 (A) School officials, teachers, and students

6 at the facilities, and parents of the students, in

7 the case of facilities that are eligible schools.

8 (B) Supervisors, staff, and children at the

9 facilities, and parents of the children, in the

10 case of facilities that are eligible child day-care

11 facilities.

12 (C) Personnel who carry out maintenance

13 duties at the eligible facilities.

14 (D) Personnel who carry out cleaning du15 ties at the facilities.

16 (9) After lead-based paint hazard reduction ac17 tivities have been conducted at the facilities, to test

18 soil, interior surface dust, and the blood-lead levels

19 of children at the facilities to assure that such activi20 ties do not cause excessive exposure to lead.

21 (10) To carry out the activities described in this

22 subsection at facilities that are not currently being

23 used as eligible facilities but are undergoing renova24 tion in order to be used as such facilities.
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1 (11) To carry out such other activities as the

2 Secretary determines appropriate to promote the

3 purpose described in subsection (a).

4 (d) REQUIREMENT OF MATCHING FUNDS.—

5 (1) IN GENERAL.—A condition for the receipt

6 of a grant under subsection (a) is that, subject to

7 paragraph (2), the applicant for the grant agree to

8 make available (directly or through donations from

9 public or private entities) non-Federal contributions

10 toward the purpose described in such subsection in

11 an amount that is not less than 50 percent of the

12 amount of the grant.

13 (2) PROVISIONS REGARDING SERVICE TO LOW14 INCOME CHILDREN.—With respect to eligible facili15 ties that serve significant numbers of children from

16 low-income families, the following apply:

17 (A) In the case of the activities described

18 in paragraphs (1) and (2) of subsection (c) (re19 lating to risk assessments, inspections, and in20 terim control), the Secretary may waive the re21 quirement of paragraph (1) or reduce the per22 centage that otherwise would be applicable

23 under such paragraph.

24 (B) In the case of other activities described

25 in subsection (c), the Secretary may reduce the
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1 percentage that otherwise would be applicable

2 under such paragraph, except that the percent3 age may not be less than 10 percent.

4 (3) DETERMINATION OF AMOUNT CONTRIB5 UTED.—Non-Federal contributions required in para6 graph (1) may be in cash or in kind, fairly evalu7 ated, including plant, equipment, or services.

8 Amounts provided by the Federal Government, or

9 services assisted or subsidized to any significant ex10 tent by the Federal Government, may not be in11 cluded in determining the amount of such non-Fed12 eral contributions.

13 (e) REPORT.—A condition for the receipt of grant

14 under subsection (a) is that the applicant for the grant

15 agree that the applicant will for each fiscal year in which

16 the grant is expended submit to the Secretary a report

17 that provides the following:

18 (1) A description of the purposes for which the

19 grant was expended.

20 (2) A statement of the number of risk assess21 ments and inspections conducted at eligible schools

22 and at eligible child day-care facilities.

23 (3) A statement of the number of eligible

24 schools and eligible child day-care facilities at which
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1 lead-based paint hazards have been reduced through

2 interim controls.

3 (4) A statement of the number of eligible

4 schools and eligible child day-care facilities at which

5 lead-based paint hazards have been abated.

6 (5) Such other information as the Secretary de7 termines to be appropriate.

8 (f) OTHER CONDITIONS.—A condition for the receipt

9 of grant under subsection (a) is that the applicant for the

10 grant agree to the following:

11 (1) The grant will not be expended to replace

12 other amounts made available or designated by the

13 State, unit of local government, or local educational

14 agency involved for the purpose described in sub15 section (a). In determining compliance with the pre16 ceding sentence, the Secretary shall count non-Fed17 eral contributions provided by the applicant under

18 subsection (d).

19 (2) Not more than 10 percent of the grant will

20 be used for the administrative expenses of carrying

21 out the purpose described in subsection (a).

22 (3) The applicant will maintain and provide the

23 Secretary with financial records that are sufficient,

24 in the determination of the Secretary, to ensure

25 proper accounting and disbursing of the grant.
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1 (g) APPLICATION FOR GRANT.—The Secretary may

2 make a grant under subsection (a) only if an application

3 for the grant is submitted to the Secretary and the appli4 cation is in such form, is made in such manner, and con5 tains such agreements, assurances, and information as the

6 Secretary determines to be necessary to carry out this sec7 tion.

8 (h) COORDINATION WITH ACADEMIC YEAR.—To the

9 maximum extent feasible, the Secretary shall in making

10 grants under subsection (a) with respect to eligible schools

11 ensure that application deadlines and grant notification

12 timelines are compatible with the needs of State and local

13 officials in providing for a normal academic year at the

14 eligible schools involved.

15 (i) DEFINITIONS.—For purposes of this section:

16 (1)(A) The terms specified in subparagraph (B)

17 have the meanings given such terms in section 1004

18 of the Residential Lead-Based Paint Hazard Reduc19 tion Act of 1992.

20 (B) The terms referred to in subparagraph (A)

21 are ‘‘abatement’’; ‘‘certified contractor’’; ‘‘inspec22 tion’’; ‘‘interim controls’’; ‘‘lead-based paint’’; ‘‘lead23 based paint hazard’’; ‘‘reduction’’; and ‘‘risk assess24 ment’’.
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1 (2) The term ‘‘elementary school’’ has the

2 meaning given such term in section 14101 of the El3 ementary and Secondary Education Act of 1965.

4 (3) The term ‘‘eligible child day-care facilities’’

5 means child day-care facilities described in sub6 section (a).

7 (4) The term ‘‘eligible facilities’’ means eligible

8 schools and eligible child day-care facilities.

9 (5) The term ‘‘eligible schools’’ means schools

10 described in subsection (a).

11 (6) The term ‘‘local educational agency’’ has

12 the meaning given such term in section 14101 of the

13 Elementary and Secondary Education Act of 1965.

14 (7) The term ‘‘low income family’’ means fami15 lies that have incomes at or below an amount equal

16 to 200 percent of the official poverty line, as estab17 lished by the Director of the Office of Management

18 and Budget and revised by the Secretary of Health

19 and Human Services in accordance with section

20 673(2) of the Omnibus Budget Reconciliation Act of

21 1981.

22 (8) The term ‘‘Secretary’’ means the Secretary

23 of Housing and Urban Development, unless the con24 text indicates otherwise.
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1 (j) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated such sums as may be necessary for

4 each fiscal year.

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