II 

110TH CONGRESS 

2D SESSION S. 3609 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

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 2008’’. 

6 SEC. 2. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT 

7 HAZARD REDUCTION ACT OF 1992. 

8 (a) AMENDMENTS.—Section 1017 of the Residential 

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

10 U.S.C. 4852c) is amended— 


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1 (1) by striking ‘‘Not later than’’ and inserting 

2 ‘‘(a) IN GENERAL.—Not later than’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) ENVIRONMENTAL INTERVENTION BLOOD LEAD

5 LEVEL.— 

6 ‘‘(1) IN GENERAL.—For purposes of this title 

7 and any regulations issued under this title, an envi8 ronmental intervention blood lead level means the 

9 lower of— 

10 ‘‘(A) 10 ug/dL (micrograms of lead per 

11 deciliter); or 

12 ‘‘(B) the elevated blood lead level of con13 cern for a child under 6 years of age that has 

14 been recommended by the Centers for Disease 

15 Control and Prevention. 

16 ‘‘(2) RELATION TO OTHER AUTHORITIES.— 

17 Nothing in this Act may be construed to affect the 

18 authority of the Environmental Protection Agency 

19 under section 403 of the Toxic Substances Control 

20 Act (15 U.S.C. 2683).’’. 

21 (b) REGULATIONS.—Not later than 90 days after the 

22 date of enactment of this Act, the Secretary of Housing 

23 and Urban Development shall amend the regulations of 

24 the Department of Housing and Urban Development to 

25 comply with the amendments made by subsection (a). 


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1 SEC. 3. REPORT TO CONGRESS ON PREVIOUS LEAD HAZ2 ARD INSPECTION PROGRAMS. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary of Housing 

5 and Urban Development shall submit a report to Congress 

6 on the status of the program of the Department of Hous7 ing and Urban Development known as the Big Buy pro8 gram and any other voluntary programs the Secretary has 

9 implemented, or has planned to implement, through which 

10 the Secretary has conducted, or planned to conduct, lead 

11 evaluations of housing covered by section 35.715 of title 

12 24, Code of Federal Regulations (Lead Safe Housing Rule 

13 for pre-1978 assisted housing). 

14 (b) CONTENTS.—The report under subsection (a) 

15 shall include— 

16 (1) a description of the purpose of any program 

17 described in subsection (a) that is being imple18 mented or is planned to be implemented; 

19 (2) a statement of the amounts allocated for 

20 each such program; 

21 (3) the identification of the sources of the fund22 ing for each such program; 

23 (4) a statement of the amount expended under 

24 each such program, as of the date of the submission 

25 of the report; 


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1 (5) a statement of the number of properties and 

2 the number of dwelling units intended to be covered 

3 by each such program; 

4 (6) a statement of the number of properties and 

5 the number of dwelling units actually assisted by 

6 each such program; 

7 (7) a description of the status of each such pro8 gram, as of the date of the submission of the report; 

9 (8) an explanation as to why each such pro10 gram has not been completed; 

11 (9) a description of any enforcement actions 

12 taken against owners of housing covered by section 

13 35.715 of title 24, Code of Federal Regulations 

14 (Lead Safe Housing Rule for pre-1978 assisted 

15 housing) who were to have been held harmless with 

16 respect to any noncompliance with section 1018 of 

17 the Residential Lead-Based Paint Hazard Reduction 

18 Act of 1992 (42 U.S.C. 4852d), or with any rules 

19 implementing such section, during implementation of 

20 such programs; and 

21 (10) a timeline for completion of the remaining 

22 properties and units covered by each such program. 

23 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There is authorized to be appro25 priated to carry out this Act and the amendments made 


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1 by this Act such sums as may be necessary for fiscal year 

2 2009. 

3 (b) COSTS OF COMPLIANCE.—This Act and the 

4 amendments made by this Act shall not create any obliga5 tion or requirement on the part of any owner of housing, 

6 public housing agency, or other party (other than the Sec7 retary of Housing and Urban Development) to comply 

8 with any new obligations established by or pursuant to this 

9 Act or such amendments, except to the extent that the 

10 Secretary of Housing and Urban Development makes 

11 amounts available to such owner, agency, or party for the 

12 costs of such compliance. 

Æ 


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