II 

118TH CONGRESS 

2D SESSION S. 4210 

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 SENATE OF THE UNITED STATES 

APRIL 30, 2024 

Mr. DURBIN (for himself and Mr. YOUNG) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

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. 

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 ‘‘Lead-Safe Housing 

5 for Kids Act of 2024’’. 

6 SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POI7 SONING PREVENTION ACT. 

8 Section 302(a) of the Lead-Based Paint Poisoning 

9 Prevention Act (42 U.S.C. 4822(a)) is amended— 


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1 (1) in paragraph (1), in the matter preceding 

2 subparagraph (A), by inserting after ‘‘mortgage in3 surance’’ the following: ‘‘, tenant-based rental assist4 ance under section 8(o) of the United States Hous5 ing Act of 1937 (42 U.S.C. 1437f(o)),’’; 

6 (2) by redesignating paragraph (4) as para7 graph (5); and 

8 (3) by inserting after paragraph (3) the fol9 lowing: 

10 ‘‘(4) ADDITIONAL PROCEDURES FOR FAMILIES

11 WITH CHILDREN UNDER THE AGE OF 6.— 

12 ‘‘(A) RISK ASSESSMENT.— 

13 ‘‘(i) DEFINITION.—In this subpara14 graph, the term ‘covered housing’ means 

15 target housing, as defined in section 1004 

16 of the Residential Lead-Based Paint Haz17 ard Reduction Act of 1992 (42 U.S.C. 

18 4851b), that— 

19 ‘‘(I) is covered by an application 

20 for mortgage insurance or housing as21 sistance payments under a program 

22 administered by the Secretary; or 

23 ‘‘(II) otherwise receives more 

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1 ance under a Federal housing pro2 gram. 

3 ‘‘(ii) REGULATIONS.—Not later than 

4 1 year after the date of enactment of the 

5 Lead-Safe Housing for Kids Act of 2024, 

6 the Secretary shall promulgate regulations 

7 that— 

8 ‘‘(I) require the owner of covered 

9 housing in which a family with a child 

10 of less than 6 years of age will reside 

11 or is expected to reside to conduct an 

12 initial risk assessment for lead-based 

13 paint hazards— 

14 ‘‘(aa) in the case of covered 

15 housing receiving tenant-based 

16 rental assistance under section 

17 8(o) of the United States Hous18 ing Act of 1937 (42 U.S.C. 

19 1437f(o)), not later than 15 days 

20 after the date on which the fam21 ily and the owner submit a re22 quest for approval of a tenancy 

23 or lease renewal, whichever oc24 curs first; 


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1 ‘‘(bb) in the case of covered 

2 housing receiving public housing 

3 assistance under the United 

4 States Housing Act of 1937 (42 

5 U.S.C. 1437 et seq.) or project6 based rental assistance under 

7 section 8 of the United States 

8 Housing Act of 1937 (42 U.S.C. 

9 1437f), not later than 15 days 

10 after the date on which a phys11 ical condition inspection occurs; 

12 and 

13 ‘‘(cc) in the case of covered 

14 housing not described in item 

15 (aa) or (bb), not later than a 

16 date established by the Secretary; 

17 ‘‘(II) provide that a visual assess18 ment alone is not sufficient for pur19 poses of complying with subclause (I); 

20 ‘‘(III) require that, if lead-based 

21 paint hazards are identified by an ini22 tial risk assessment conducted under 

23 subclause (I), the owner of the cov24 ered housing shall— 


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1 ‘‘(aa) not later than 30 days 

2 after the date on which the initial 

3 risk assessment is conducted, 

4 control the lead-based paint haz5 ards, including achieving clear6 ance in accordance with regula7 tions promulgated under section 

8 402 or 404 of the Toxic Sub9 stances Control Act (15 U.S.C. 

10 2682, 2684), as applicable; and 

11 ‘‘(bb) in accessible and alter12 native formats consistent with 

13 the requirements under section 

14 504 of the Rehabilitation Act of 

15 1973 (29 U.S.C. 794), the Amer16 icans with Disabilities Act of 

17 1990 (42 U.S.C. 12101 et seq.), 

18 and title VI of the Civil Rights 

19 Act of 1964 (42 U.S.C. 2000d et 

20 seq.), provide notice to all resi21 dents in the covered housing af22 fected by the initial risk assess23 ment, and provide notice in the 

24 common areas of the covered 

25 housing, that lead-based paint 


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1 hazards were identified and will 

2 be controlled within the 30-day 

3 period described in item (aa); 

4 and 

5 ‘‘(IV) provide that there shall be 

6 no extension of the 30-day period de7 scribed in subclause (III)(aa). 

8 ‘‘(iii) EXCEPTIONS.—The regulations 

9 promulgated under clause (ii) shall provide 

10 an exception to the requirement under sub11 clause (I) of such clause for covered hous12 ing— 

13 ‘‘(I) if the owner of the covered 

14 housing submits to the Secretary doc15 umentation— 

16 ‘‘(aa) that the owner con17 ducted a risk assessment of the 

18 covered housing for lead-based 

19 paint hazards during the 12- 

20 month period preceding the date 

21 on which the family is expected 

22 to reside in the covered housing; 

23 and 

24 ‘‘(bb) of any clearance ex25 aminations of lead-based paint 


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1 hazard control work resulting 

2 from the risk assessment de3 scribed in item (aa) that show 

4 that the housing passed the 

5 clearance examination; 

6 ‘‘(II)(aa) if a lead-based paint in7 spection of the covered housing deter8 mined that lead-based paint was not 

9 present in the covered housing; or 

10 ‘‘(bb) from which all lead-based 

11 paint has been identified and removed 

12 and clearance has been achieved in ac13 cordance with regulations promul14 gated under section 402 or 404 of the 

15 Toxic Substances Control Act (15 

16 U.S.C. 2682, 2684) or under this sec17 tion, as applicable; 

18 ‘‘(III) if— 

19 ‘‘(aa) lead-based paint haz20 ards are identified in the dwelling 

21 unit in the covered housing in 

22 which the family will reside or is 

23 expected to reside; 

24 ‘‘(bb) the dwelling unit is 

25 unoccupied; 


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1 ‘‘(cc) the owner of the cov2 ered housing, without any further 

3 delay in occupancy or increase in 

4 rent, provides the family with an5 other dwelling unit in the covered 

6 housing that has no lead-based 

7 paint hazards; and 

8 ‘‘(dd) the common areas 

9 servicing the new dwelling unit 

10 have no lead-based paint hazards; 

11 and 

12 ‘‘(IV) in accordance with any 

13 other standard or exception the Sec14 retary deems appropriate based on 

15 health-based standards. 

16 ‘‘(B) RELOCATION.— 

17 ‘‘(i) IN GENERAL.—Not later than 1 

18 year after the date of enactment of the 

19 Lead-Safe Housing for Kids Act of 2024, 

20 the Secretary shall promulgate regulations 

21 to provide that a family with a child of less 

22 than 6 years of age that occupies a dwell23 ing unit in covered housing in which lead24 based paint hazards were identified, but 

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1 tions required under subparagraph (A)(ii), 

2 may relocate on an emergency basis and 

3 without placement on any waitlist, penalty 

4 (including rent payments to be made for 

5 that dwelling unit), or lapse in assistance 

6 to a dwelling unit that— 

7 ‘‘(I) was constructed in 1978 or 

8 later; or 

9 ‘‘(II) is in covered housing that 

10 has no lead-based paint hazards. 

11 ‘‘(ii) REQUIREMENTS.—Relocation de12 scribed in clause (i) shall be performed 

13 consistent with the standards set forth 

14 under the Uniform Relocation Assistance 

15 and Real Property Acquisition Policies Act 

16 of 1970 (42 U.S.C. 4601 et seq.) and any 

17 other applicable Federal civil rights, fair 

18 housing, and nondiscrimination laws.’’. 

19 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated to carry out 

21 the amendments made by section 2 such sums as may be 

22 necessary for each of fiscal years 2025 through 2029. 

Æ 


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