I 

114TH CONGRESS 

2D SESSION H. R. 4694 

To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 

to define environmental intervention blood lead level, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2016 

Mr. ELLISON (for himself, Mr. QUIGLEY, Mrs. LAWRENCE, and Mr. KILDEE) 

introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Energy and Commerce, 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 amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 to define environmental intervention 

blood lead level, 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 2016’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4694 IH

1 (1) the term ‘‘Department’’ means the Depart2 ment of Housing and Urban Development; 

3 (2) the term ‘‘housing receiving Federal assist4 ance’’— 

5 (A) means housing that— 

6 (i) except as provided in subparagraph 

7 (B), is covered by an application for mort8 gage insurance from the Department; 

9 (ii) receives housing assistance pay10 ments under a program administered by 

11 the Department; or 

12 (iii) otherwise receives more than 

13 $5,000 in project-based assistance under a 

14 Federal housing program administered by 

15 a Federal agency other than the Depart16 ment; and 

17 (B) does not include— 

18 (i) single-family housing covered by an 

19 application for mortgage insurance from 

20 the Federal Housing Administration; or 

21 (ii) multi-family housing that— 

22 (I) is covered by an application 

23 for mortgage insurance from the Fed24 eral Housing Administration; and 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 4694 IH

1 (II) does not receive any other 

2 Federal housing assistance; 

3 (3) the term ‘‘public housing agency’’ means an 

4 agency described in section 3(b)(6) of the United 

5 States Housing Act of 1937 (42 U.S.C. 

6 1437a(b)(6)); and 

7 (4) the term ‘‘Secretary’’ means the Secretary 

8 of Housing and Urban Development. 

9 SEC. 3. UPDATES TO LEAD-CONTAMINATED DUST AND 

10 LEAD-CONTAMINATED SOIL STANDARDS. 

11 (a) EPA REGULATIONS.—Not later than 120 days 

12 after the date of enactment of this Act, the Administrator 

13 of the Environmental Protection Agency, in consultation 

14 with the Director of the Centers for Disease Control and 

15 Prevention, shall promulgate regulations to update the 

16 standards for lead-contaminated dust and lead-contami17 nated soil under part 745 of title 40, Code of Federal Reg18 ulations, in accordance with health-based standards. 

19 (b) HUD REGULATIONS.—The Secretary shall 

20 promptly promulgate regulations to update the standards 

21 for lead-contaminated dust and lead-contaminated soil 

22 under part 35 of title 24, Code of Federal Regulations, 

23 in accordance with the regulations promulgated by the Ad24 ministrator of the Environmental Protection Agency under 

25 subsection (a). 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 4694 IH

1 SEC. 4. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT 

2 HAZARD REDUCTION ACT OF 1992. 

3 (a) IN GENERAL.—Section 1004 of the Residential 

4 Lead-Based Paint Hazard Reduction Act of 1992 (42 

5 U.S.C. 4851b) is amended— 

6 (1) by redesignating paragraphs (6) through 

7 (27) as paragraphs (7) through (28), respectively; 

8 (2) by inserting after paragraph (5) the fol9 lowing: 

10 ‘‘(6) ELEVATED BLOOD LEAD LEVEL.—The 

11 term ‘elevated blood lead level’ means the lower of— 

12 ‘‘(A) 5 μg/dL (micrograms of lead per 

13 deciliter); or 

14 ‘‘(B) the most recent definition for ele15 vated blood lead level or reference range level in 

16 children ages 1 through 5 years set by the Cen17 ters for Disease Control and Prevention.’’; and 

18 (3) in paragraph (28), as so redesignated, by 

19 striking ‘‘or any 0-bedroom dwelling’’. 

20 (b) RELATION TO OTHER AUTHORITIES.—Nothing in 

21 this Act or the amendments made by this Act shall be 

22 construed to affect the authority of the Environmental 

23 Protection Agency under section 403 of the Toxic Sub24 stances Control Act (15 U.S.C. 2683). 

25 (c) REGULATIONS.—Not later than 120 days after 

26 the date of enactment of this Act, the Secretary shall 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 4694 IH

1 amend the regulations of the Department to comply with 

2 the amendments made by subsection (a). 

3 SEC. 5. AMENDMENTS TO THE LEAD-BASED PAINT POI4 SONING PREVENTION ACT. 

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

6 Prevention Act (42 U.S.C. 4822(a)) is amended by adding 

7 at the end the following: 

8 ‘‘(5) ADDITIONAL PROCEDURES FOR FAMILIES

9 WITH CHILDREN UNDER THE AGE OF 6.— 

10 ‘‘(A) RISK ASSESSMENT.— 

11 ‘‘(i) DEFINITION.—In this section, the 

12 term ‘covered housing’— 

13 ‘‘(I) means housing receiving 

14 Federal assistance described in para15 graph (1) that was constructed prior 

16 to 1978; and 

17 ‘‘(II) does not include— 

18 ‘‘(aa) single-family housing 

19 covered by an application for 

20 mortgage insurance from the 

21 Federal Housing Administration; 

22 or 

23 ‘‘(bb) multi-family housing 

24 that— 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 4694 IH

1 ‘‘(AA) is covered by an 

2 application for mortgage in3 surance from the Federal 

4 Housing Administration; 

5 and 

6 ‘‘(BB) does not receive 

7 any other Federal housing 

8 assistance. 

9 ‘‘(ii) REGULATIONS.—Not later than 

10 120 days after the date of enactment of 

11 the Lead-Safe Housing for Kids Act of 

12 2016, the Secretary shall promulgate regu13 lations that— 

14 ‘‘(I) require an initial risk assess15 ment for all covered housing in which 

16 a family with a child of less than 6 

17 years of age will reside or be expected 

18 to reside for lead-based paint hazards 

19 prior to occupancy by the family; and 

20 ‘‘(II) provide that a visual assess21 ment is not sufficient for purposes of 

22 complying with subclause (I). 

23 ‘‘(iii) EXCEPTION.—The regulations 

24 promulgated under clause (ii) shall provide 

25 an exception to the requirement under subVerDate Sep 11 2014 03:16 Mar 04, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4694.IH H4694

rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 4694 IH

1 clause (I) of such clause for covered hous2 ing— 

3 ‘‘(I) from which all lead-based 

4 paint has been identified and removed 

5 and clearance has been achieved in ac6 cordance with section 402 or 404 of 

7 the Toxic Substances Control Act (15 

8 U.S.C. 2682 and 2684), as applicable; 

9 or 

10 ‘‘(II) in accordance with any 

11 other standard or exception the Sec12 retary deems appropriate. 

13 ‘‘(B) RELOCATION.—Not later than 120 

14 days after the date of enactment of the Lead15 Safe Housing for Kids Act of 2016, the Sec16 retary shall promulgate regulations to provide 

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

18 of age that occupies a dwelling unit in covered 

19 housing may relocate on an emergency basis, 

20 and without placement on any waitlist, penalty, 

21 or lapse in assistance, to another unit of cov22 ered housing that has no lead-based paint haz23 ards if— 

24 ‘‘(i) lead-based paint hazards were 

25 identified in the dwelling unit; or 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 4694 IH

1 ‘‘(ii)(I) lead-based hazards were iden2 tified in the dwelling unit; and 

3 ‘‘(II) the blood lead level for the child 

4 is an elevated blood lead level, as defined 

5 in section 1004(6) of the Residential Lead6 Based Paint Hazard Reduction Act of 

7 1992 (42 U.S.C. 4851b(6)).’’. 

8 SEC. 6. GAO REPORTS ON LEAD HAZARDS IN FEDERALLY 

9 ASSISTED HOUSING. 

10 (a) INITIAL REPORT.—Not later than 90 days after 

11 the date of enactment of this Act, the Comptroller General 

12 of the United States shall submit to Congress an initial 

13 report on lead hazards in housing receiving Federal assist14 ance, which shall analyze the implications of— 

15 (1) changing Department regulations to align 

16 with the Centers for Disease Control and Prevention 

17 guidance; and 

18 (2) requiring a risk assessment (beyond a visual 

19 assessment) for initial and periodic inspections for 

20 lead-based paint hazards for all housing receiving 

21 Federal assistance, and the impact it would have on 

22 landlord participation and the stock of affordable 

23 housing. 

24 (b) SUBSEQUENT REPORT.—Not later than 180 days 

25 after the date of enactment of this Act, the Comptroller 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 4694 IH

1 General of the United States shall submit to Congress a 

2 report on lead hazards in housing receiving Federal assist3 ance, which shall— 

4 (1) analyze whether existing Federal programs 

5 and Federal funding for lead hazard control activi6 ties in housing receiving Federal assistance meet the 

7 current and evolving needs, and if not, the merits of 

8 identifying and providing dedicated funds within new 

9 or existing Federal programs to conduct lead hazard 

10 control activities; 

11 (2) evaluate the financial and social cost of 

12 lead-based paint hazard prevention and lead hazard 

13 control activities, and provide recommendations on 

14 how to improve coordination and leveraging of public 

15 and private funds, including private investments and 

16 tax incentives, to reduce the cost associated with the 

17 identification and remediation of lead hazards and 

18 expedite home remediation; 

19 (3) identify existing partnerships with public 

20 housing agencies and public health agencies in ad21 dressing lead-based paint hazards, what gaps exist 

22 in compliance and enforcement, and whether the 

23 partnerships can be replicated and enhanced with 

24 dedicated funding and better data collection and dis25 semination among stakeholders; and 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 4694 IH

1 (4) examine the appropriateness and efficacy of 

2 existing Department protocols on reducing or abat3 ing lead-based paint hazards and whether they are 

4 aligned with specific environmental health scenarios 

5 to ensure the best and appropriate health outcomes 

6 and reduce further exposure. 

7 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this Act and the amendments made by this Act such sums 

10 as may be necessary for each of fiscal years 2017 through 

11 2021. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS