II 

115TH CONGRESS 

1ST SESSION S. 1845 

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 

SEPTEMBER 19, 2017 

Mr. DURBIN (for himself, Mr. SCOTT, Mr. MENENDEZ, Mr. YOUNG, Mr. DONNELLY, and Ms. DUCKWORTH) 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 2017’’. 


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1 SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POI2 SONING PREVENTION ACT. 

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

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

5 (1) by redesignating paragraph (4) as para6 graph (5); and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) ADDITIONAL PROCEDURES FOR FAMILIES

10 WITH CHILDREN UNDER THE AGE OF 6.— 

11 ‘‘(A) RISK ASSESSMENT.— 

12 ‘‘(i) DEFINITION.—In this subpara13 graph, the term ‘covered housing’— 

14 ‘‘(I) means housing receiving 

15 Federal assistance described in para16 graph (1) that was constructed prior 

17 to 1978; and 

18 ‘‘(II) does not include— 

19 ‘‘(aa) single-family housing 

20 covered by an application for 

21 mortgage insurance under the 

22 National Housing Act (12 U.S.C. 

23 1701 et seq.); or 

24 ‘‘(bb) multi-family housing 

25 that— 


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1 ‘‘(AA) is covered by an 

2 application for mortgage in3 surance under the National 

4 Housing Act (12 U.S.C. 

5 1701 et seq.); and 

6 ‘‘(BB) does not receive 

7 any other Federal housing 

8 assistance. 

9 ‘‘(ii) REGULATIONS.—Not later than 

10 180 days after the date of enactment of 

11 the Lead-Safe Housing for Kids Act of 

12 2017, the Secretary shall promulgate regu13 lations that— 

14 ‘‘(I) require the owner of covered 

15 housing in which a family with a child 

16 of less than 6 years of age will reside 

17 or is expected to reside to conduct an 

18 initial risk assessment for lead-based 

19 paint hazards— 

20 ‘‘(aa) in the case of covered 

21 housing receiving tenant-based 

22 rental assistance under section 8 

23 of the United States Housing Act 

24 of 1937 (42 U.S.C. 1437f), not 

25 later than 15 days after the date 


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1 on which the family and the 

2 owner submit a request for ap3 proval of a tenancy; 

4 ‘‘(bb) in the case of covered 

5 housing receiving public housing 

6 assistance under the United 

7 States Housing Act of 1937 (42 

8 U.S.C. 1437 et seq.) or project9 based rental assistance under 

10 section 8 of the United States 

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

12 1437f), not later than 15 days 

13 after the date on which a phys14 ical condition inspection occurs; 

15 and 

16 ‘‘(cc) in the case of covered 

17 housing not described in item 

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

19 date established by the Secretary; 

20 ‘‘(II) provide that a visual assess21 ment alone is not sufficient for pur22 poses of complying with subclause (I); 

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

24 paint hazards are identified by an ini25 tial risk assessment conducted under 


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1 subclause (I), the owner of the cov2 ered housing shall— 

3 ‘‘(aa) not later than 30 days 

4 after the date on which the initial 

5 risk assessment is conducted, 

6 control the lead-based paint haz7 ards, including achieving clear8 ance in accordance with regula9 tions promulgated under section 

10 402 or 404 of the Toxic Sub11 stances Control Act (15 U.S.C. 

12 2682, 2684), as applicable; and 

13 ‘‘(bb) provide notice to all 

14 residents in the covered housing 

15 affected by the initial risk assess16 ment, and provide notice in the 

17 common areas of the covered 

18 housing, that lead-based paint 

19 hazards were identified and will 

20 be controlled within the 30-day 

21 period described in item (aa); 

22 and 

23 ‘‘(IV) provide that there shall be 

24 no extension of the 30-day period de25 scribed in subclause (III)(aa). 


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1 ‘‘(iii) EXCEPTIONS.—The regulations 

2 promulgated under clause (ii) shall provide 

3 an exception to the requirement under sub4 clause (I) of such clause for covered hous5 ing— 

6 ‘‘(I) if the owner of the covered 

7 housing submits to the Secretary doc8 umentation— 

9 ‘‘(aa) that the owner con10 ducted a risk assessment of the 

11 covered housing for lead-based 

12 paint hazards during the 12- 

13 month period preceding the date 

14 on which the family is expected 

15 to reside in the covered housing; 

16 and 

17 ‘‘(bb) of any clearance ex18 aminations of lead-based paint 

19 hazard control work resulting 

20 from the risk assessment de21 scribed in item (aa); 

22 ‘‘(II) from which all lead-based 

23 paint has been identified and removed 

24 and clearance has been achieved in ac25 cordance with regulations promulVerDate Sep 11 2014 20:12 Sep 26, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1845.IS S1845

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1 gated under section 402 or 404 of the 

2 Toxic Substances Control Act (15 

3 U.S.C. 2682, 2684), as applicable; 

4 ‘‘(III)(aa) if lead-based paint 

5 hazards are identified in the dwelling 

6 unit in the covered housing in which 

7 the family will reside or is expected to 

8 reside; 

9 ‘‘(bb) the dwelling unit is unoccu10 pied; 

11 ‘‘(cc) the owner of the covered 

12 housing, without any further delay in 

13 occupancy or increase in rent, pro14 vides the family with another dwelling 

15 unit in the covered housing that has 

16 no lead-based paint hazards; and 

17 ‘‘(dd) the common areas servicing 

18 the new dwelling unit have no lead19 based paint hazards; and 

20 ‘‘(IV) in accordance with any 

21 other standard or exception the Sec22 retary deems appropriate based on 

23 health-based standards. 

24 ‘‘(B) RELOCATION.—Not later than 180 

25 days after the date of enactment of the LeadVerDate Sep 11 2014 20:12 Sep 26, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1845.IS S1845

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1 Safe Housing for Kids Act of 2017, the Sec2 retary shall promulgate regulations to provide 

3 that a family with a child of less than 6 years 

4 of age that occupies a dwelling unit in covered 

5 housing in which lead-based paint hazards were 

6 identified, but not controlled in accordance with 

7 regulations required under clause (ii), may relo8 cate on an emergency basis and without place9 ment on any waitlist, penalty (including rent 

10 payments to be made for that dwelling unit), or 

11 lapse in assistance to— 

12 ‘‘(i) a dwelling unit that was con13 structed in 1978 or later; or 

14 ‘‘(ii) another dwelling unit in covered 

15 housing that has no lead-based paint haz16 ards.’’. 

17 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

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

20 necessary for each of fiscal years 2018 through 2022. 

Æ 


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