II 

116TH CONGRESS 

1ST SESSION S. 1583 

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 

MAY 21, 2019 

Mr. DURBIN (for himself, Mr. SCOTT of South Carolina, Mr. MENENDEZ, Mr. 

YOUNG, Ms. DUCKWORTH, Mr. PORTMAN, Mr. KAINE, and Ms. SMITH) 

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 2019’’. 


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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 2019, 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 or lease re4 newal, whichever occurs first; 

5 ‘‘(bb) in the case of covered 

6 housing receiving public housing 

7 assistance under the United 

8 States Housing Act of 1937 (42 

9 U.S.C. 1437 et seq.) or project10 based rental assistance under 

11 section 8 of the United States 

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

13 1437f), not later than 15 days 

14 after the date on which a phys15 ical condition inspection occurs; 

16 and 

17 ‘‘(cc) in the case of covered 

18 housing not described in item 

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

20 date established by the Secretary; 

21 ‘‘(II) provide that a visual assess22 ment alone is not sufficient for pur23 poses of complying with subclause (I); 

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

25 paint hazards are identified by an iniVerDate Sep 11 2014 21:47 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1583.IS S1583

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1 tial risk assessment conducted under 

2 subclause (I), the owner of the cov3 ered housing shall— 

4 ‘‘(aa) not later than 30 days 

5 after the date on which the initial 

6 risk assessment is conducted, 

7 control the lead-based paint haz8 ards, including achieving clear9 ance in accordance with regula10 tions promulgated under section 

11 402 or 404 of the Toxic Sub12 stances Control Act (15 U.S.C. 

13 2682, 2684), as applicable; and 

14 ‘‘(bb) provide notice to all 

15 residents in the covered housing 

16 affected by the initial risk assess17 ment, and provide notice in the 

18 common areas of the covered 

19 housing, that lead-based paint 

20 hazards were identified and will 

21 be controlled within the 30-day 

22 period described in item (aa); 

23 and 


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1 ‘‘(IV) provide that there shall be 

2 no extension of the 30-day period de3 scribed in subclause (III)(aa). 

4 ‘‘(iii) EXCEPTIONS.—The regulations 

5 promulgated under clause (ii) shall provide 

6 an exception to the requirement under sub7 clause (I) of such clause for covered hous8 ing— 

9 ‘‘(I) if the owner of the covered 

10 housing submits to the Secretary doc11 umentation— 

12 ‘‘(aa) that the owner con13 ducted a risk assessment of the 

14 covered housing for lead-based 

15 paint hazards during the 12- 

16 month period preceding the date 

17 on which the family is expected 

18 to reside in the covered housing; 

19 and 

20 ‘‘(bb) of any clearance ex21 aminations of lead-based paint 

22 hazard control work resulting 

23 from the risk assessment de24 scribed in item (aa); 


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1 ‘‘(II) from which all lead-based 

2 paint has been identified and removed 

3 and clearance has been achieved in ac4 cordance with regulations promul5 gated under section 402 or 404 of the 

6 Toxic Substances Control Act (15 

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

8 ‘‘(III)(aa) if lead-based paint 

9 hazards are identified in the dwelling 

10 unit in the covered housing in which 

11 the family will reside or is expected to 

12 reside; 

13 ‘‘(bb) the dwelling unit is unoccu14 pied; 

15 ‘‘(cc) the owner of the covered 

16 housing, without any further delay in 

17 occupancy or increase in rent, pro18 vides the family with another dwelling 

19 unit in the covered housing that has 

20 no lead-based paint hazards; and 

21 ‘‘(dd) the common areas servicing 

22 the new dwelling unit have no lead23 based paint hazards; and 

24 ‘‘(IV) in accordance with any 

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1 retary deems appropriate based on 

2 health-based standards. 

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

4 days after the date of enactment of the Lead5 Safe Housing for Kids Act of 2019, the Sec6 retary shall promulgate regulations to provide 

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

8 of age that occupies a dwelling unit in covered 

9 housing in which lead-based paint hazards were 

10 identified, but not controlled in accordance with 

11 regulations required under clause (ii), may relo12 cate on an emergency basis and without place13 ment on any waitlist, penalty (including rent 

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

15 lapse in assistance to— 

16 ‘‘(i) a dwelling unit that was con17 structed in 1978 or later; or 

18 ‘‘(ii) another dwelling unit in covered 

19 housing that has no lead-based paint haz20 ards.’’. 

21 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated to carry out 

23 the amendments made by section two such sums as may 

24 be necessary for each of fiscal years 2020 through 2024. 

Æ 


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