‘‘SEC. 1067. PLAN REGARDING ACTIVITIES OF GRANTEE.
‘‘(a) REQUIREMENTS.—With respect to a grant
under section 1061 for a public entity for a fiscal year,
a plan is in accordance with this section only if the follow-
ing requirements are met:
‘‘(1) SUBMISSION.—The public entity submits a
plan to the Secretary not later than May 1st of the
preceding fiscal year (or such other date as the Sec-
retary may establish for submission of plans for fis-
cal year 1994) containing the information required
under this subsection.
‘‘(2) PRIORITIES FOR USE OF GRANTS.—The
plan provides, to the extent practicable, that—
‘‘(A) in expending grant amounts, the ratio
of the amount expended for performing risk as-
sessments, inspections, and abatement activities
for eligible residential units in rental housing to
the amount expended for such assessments, in-
spections, and activities for eligible residential
units that are owner-occupied shall be not less
than 2 times the quotient of—
‘‘(i) the number of rental housing
units in the jurisdiction of the public entity
whose construction was completed by not
later than January 1, 1950; divided by
‘‘(ii) the number of owner-occupied
housing units in the jurisdiction whose
construction was completed by not later
than January 1, 1950; and
‘‘(B) in expending grant amounts for ac-
tivities for eligible residential units that are
owner-occupied, priority shall be given—
‘‘(i) first, for units occupied by fami-
lies (I) whose members include a child who
is less than 6 years of age or a pregnant
woman, and (II) whose family income does
not exceed the official poverty line (as de-
fined by the Office of Management and
Budget and revised periodically in accord-
ance with section 673(2) of the Omnibus
Budget Reconciliation Act of 1981) appli-
cable to the family of the size involved;
‘‘(ii) second, for units occupied by
families (I) whose members include a child
who is less than 6 years of age or a preg-
nant woman, and (II) that are very-low in-
come families;
‘‘(iii) third, for units occupied by fam-
ilies (I) whose members include a child
who is less than 6 years of age or a preg-
nant woman, and (II) that are low-income
families; and
‘‘(iv) fourth, for units occupied by
other families whose members include (I) a
child who is less than 6 years of age, or
(II) a pregnant woman.
‘‘(3) AVAILABILITY
OF
RENTAL
UNITS.—The
plan provides that the eligible public entity shall en-
courage owners of eligible residential units for which
risk assessments, inspections, or abatement activities
have been conducted using grant amounts and that
are made available for rental to make such units
available to families whose members include (A) a
child who is less than 6 years of age, or (B) a preg-
nant woman.
‘‘(4) PROGRAM STRATEGY.—The plan contains
descriptions of the methods by which the public en-
tity—
‘‘(A) will provide priority for the use of
grant amounts in accordance with paragraph
(2);
‘‘(B) will encourage owners of units re-
ferred to in paragraph (3) to make such units
available to families described in such para-
graph;
‘‘(C) will select the eligible facilities for
which risk assessments are to be conducted
using grant amounts;
‘‘(D) will select the eligible facilities for
which abatement activities are to be conducted
using grant amounts; and
‘‘(E) will ensure compliance with the re-
quirements of subsections (a) through (c) of
section 1066.
‘‘(5) DISTRIBUTION OF AMOUNTS BY STATES.—
In the case of a public entity that is a State, the
plan contains a description of the method by which
the State will expend or distribute grant amounts to
units of general local government in accordance with
this subtitle and will ensure compliance with the pro-
visions of this subtitle with respect to such distrib-
uted amounts.
‘‘(6) LOCAL
LEAD-BASED
PAINT
LAWS.—The
plan contains evidence there are in effect, for the en-
tire jurisdiction of the public entity, local lead-based
paint laws.
‘‘(7) COORDINATION WITH LOCAL AGENCIES.—
The plan provides for the public entity to coordinate
with State and local health, housing, and environ-
mental agencies and contains a description of the
methods by which the entity shall ensure that such
coordination is carried out.
‘‘(8) EMPLOYMENT.—The plan provides for the
public entity to make training and employment op-
portunities available in connection with activities
carried out with grant amounts available to low-in-
come residents of areas having substantial numbers
of eligible facilities with lead-based paint hazards
and to community-based contractors and nonprofit
organizations serving such areas.
‘‘(9) CERTIFICATION
OF
PREVIOUS
COMPLI-
ANCE.—With respect to fiscal year 1995 and subse-
quent fiscal years, the plan contains a certification
that, for the most recent fiscal year for which the
entity received a grant under this subtitle, the entity
complied with the requirements under sections 1065
and 1066.
‘‘(10) CITIZEN
PARTICIPATION.—Before sub-
mitting the plan, the public entity has—
‘‘(A) made available to its citizens, public
agencies, and other interested parties informa-
tion concerning the amount the entity expects
to receive under the grant and the proposed
uses of the grant amounts;
‘‘(B) published a proposed plan in a man-
ner that, in the determination of the Secretary,
affords affected citizens, public agencies, and
other interested parties a reasonable oppor-
tunity to examine its content and to submit
comments on the proposed plan;
‘‘(C) held 1 or more public hearings to ob-
tain the views of citizens, public agencies, and
other interested parties on the needs of the
public entity with respect to lead-based paint
hazards in eligible facilities;
‘‘(D) provided citizens, public agencies,
and other interested parties with reasonable ac-
cess to records regarding the uses of grant
amounts from any grants the public entity has
received under this subtitle during the preced-
ing 5 years;
‘‘(E) considered any comments or views of
citizens in preparing the final plan for submis-
sion under this section, and has attached a
summary of such comments or views to the plan
submitted; and
‘‘(F) made the plan submitted available to
the public.
A public entity shall be considered to have complied
with the requirements of this paragraph if the public
entity submits to the Secretary a comprehensive
housing affordability strategy required under section
105 of the Cranston-Gonzalez National Affordable
Housing Act that includes the information required
under paragraphs (1) through (9) of this section,
and complies with the requirements of section 107
of such Act (relating to citizen participation).
‘‘(b) REVIEW.—
‘‘(1) IN GENERAL.—Upon the submission of a
plan under this section, the Secretary shall review
the plan to determine whether it is in accordance
with this section. Not later than 90 days after re-
ceipt by the Secretary, the Secretary shall approve
the plan unless the Secretary determines that it has
not been submitted in accordance with this section,
in which case the Secretary shall disapprove the
plan.
‘‘(2) NOTIFICATION.—The Secretary shall im-
mediately notify the public entity submitting a plan,
in writing, of any approval or disapproval of the
plan. A plan shall be considered to have been ap-
proved under this subsection for purposes of section
1061(b)(1) unless the Secretary provides notice
retary, for such fiscal year, a report under this section.
The report shall be submitted not later than the expiration
of the 6-month period beginning upon the termination of
the fiscal year in which the grant is received, in the form
and manner required by the Secretary. The Secretary may
provide for any public entity that is required to submit
a report under this section that also is required to submit
a performance report under section 108(a) of the Cran-
ston-Gonzalez National Affordable Housing Act, to comply
with this section by including the information required in
the report under this section in such performance report.
‘‘(b) CONTENTS.—A report under this section shall
include the following information:
‘‘(1) The sources and amounts from which the
entity obtained the non-Federal contributions re-
quired by section 1063.
‘‘(2) The number of children within the juris-
diction of the eligible public entity who have been
screened for blood-lead levels and the findings re-
sulting from such screenings.
‘‘(3) The amount of funds provided under sec-
tion 1061 that were expended for each of the cat-
egories of activities authorized under section
1064(a).
‘‘(4) The amount of funds provided under sec-
tion 1061 that were expended for abatement activi-
ties with respect to owner-occupied dwelling units
and the amount so expended with respect to rental
dwelling units.
‘‘(5) The number of eligible facilities for
which—
‘‘(A) evaluation activities were conducted;
‘‘(B) emergency measures were conducted
(and a description of such activities);
‘‘(C) abatement activities were commenced;
‘‘(D) abatement activities were completed
and the facility passed post-abatement clear-
ance testing; and
‘‘(E) abatement activities were completed
and the facility failed to pass post-abatement
clearance testing.
‘‘(6) With respect to eligible facilities described
in paragraph (5)(E), a description of the status of
such facilities and the reasons underlying such sta-
tus.
‘‘(7) For each eligible facility for which abate-
ment activities and emergency measures have been
conducted using grant amounts, the address and
owner of the facility and the census tracts within
which the facility is located.
‘‘SEC. 1069. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘(a) AMOUNT OF TOTAL ALLOTMENT.—The amount
of a total allotment under section 1061(a)(2) for an eligi-
ble public entity for a fiscal year shall be an amount equal
to the sum of—
‘‘(1) the amount of the standard allotment de-
termined for the entity under subsection (b); and
‘‘(2) the amount of the supplemental allotment
determined for the entity under subsection (d).
‘‘(b) AMOUNT
OF STANDARD ALLOTMENT.—The
amount of a standard allotment for an eligible public en-
tity for a fiscal year shall be the product of—
‘‘(1) the amount in the Fund that under section
1062(a) is available for allotments for the fiscal
year; and
‘‘(2) a percentage equal to the mean of the 3
percentages determined under subsection (c) with re-
spect to the entity.
‘‘(c) PERCENTAGES REGARDING RELEVANT FAC-
TORS.—Subject to subsection (e), the 3 percentages re-
ferred to in subsection (b)(2) with respect to an eligible
public entity are as follows:
‘‘(1) CHILDREN IN POVERTY.—The percentage
equal to the quotient of—
‘‘(A) an amount equal to the number of
children who are less than 6 years of age resid-
ing in the jurisdiction of the entity whose fami-
lies have incomes equal to or below the official
poverty line (as defined by the Office of Man-
agement and Budget and revised periodically in
accordance with section 673(2) of the Omnibus
Budget Reconciliation Act of 1981) applicable
to the family of the size involved; divided by
‘‘(B) an amount equal to the sum of the
respective amounts determined under subpara-
graph (A) for each eligible public entity.
‘‘(2) FAMILIES
IN
PRE-1950
HOUSING.—The
percentage equal to the quotient of—
‘‘(A) an amount equal to the number of
families residing in the jurisdiction of the entity
that—
‘‘(i) have incomes equal to or less
than such poverty line; and
‘‘(ii) reside in residential units whose
construction was completed by not later
than January 1, 1950; divided by
‘‘(B) an amount equal to the sum of the
respective amounts determined under subpara-
graph (A) for each eligible public entity.
‘‘(3) FAMILIES
IN
PRE-1960
HOUSING.—The
percentage equal to the quotient of—
‘‘(A) an amount equal to the number of
families residing in the jurisdiction of the entity
that—
‘‘(i) have incomes equal to or less
than such poverty line; and
‘‘(ii) reside in residential units whose
construction was completed by not later
than January 1, 1960; divided by
‘‘(B) an amount equal to the sum of the
respective amounts determined under subpara-
graph (A) for each eligible public entity.
‘‘(d) AMOUNT OF SUPPLEMENTAL ALLOTMENT.—
‘‘(1) IN GENERAL.—The amount of a supple-
mental allotment for an eligible public entity for a
fiscal year shall be the product of—
‘‘(A) an amount equal to the aggregate
amount of any standard allotments for the fis-
cal year under section 1061(a)(1) terminated
under section 1061(a)(4); and
‘‘(B) a percentage equal to the mean of the
3 percentages determined under paragraph (2)
with respect to the entity.
‘‘(2) PERCENTAGES
REGARDING
RELEVANT
FACTORS.—Subject to subsection (e), the 3 percent-
ages referred to in paragraph (1)(B) with respect to
an eligible public entity are as follows:
‘‘(A) CHILDREN
IN
POVERTY.—The per-
centage equal to the quotient of—
‘‘(i) the amount determined under
subsection (c)(1)(A) for the entity; divided
by
‘‘(ii) an amount equal to the sum of
the respective amounts determined under
subsection (c)(1)(A) for each eligible public
entity that receives a grant under section
1061.
‘‘(B) FAMILIES
IN
PRE-1950
HOUSING.—
The percentage equal to the quotient of—
‘‘(i) the amount determined under
subsection (c)(2)(A) for the entity; divided
by
‘‘(ii) an amount equal to the sum of
the respective amounts determined under
subsection (c)(2)(A) for each eligible public
entity that receives a grant under section
1061.
‘‘(C) FAMILIES
IN
PRE-1960
HOUSING.—
The percentage equal to the quotient of—
‘‘(i) the amount determined under
subsection (c)(3)(A) for the entity; divided
by
‘‘(ii) an amount equal to the sum of
the respective amounts determined under
subsection (c)(3)(A) for each eligible public
entity that receives a grant under section
1061.
‘‘(e) PROHIBITION AGAINST DUPLICATIVE COUNT-
ING.—In the case of any eligible public entity within whose
jurisdiction there exists the jurisdiction of another eligible
public entity, the calculations regarding percentages made
under each of paragraphs (1) through (3) of subsection
(c) and under each of subparagraphs (A) through (C) of
subsection (d)(2) may not include any numbers represent-
ing children or families (as the case may be) who reside
in the jurisdiction of the other eligible public entity.
‘‘SEC. 1070. CITIZENS’ SUITS.
‘‘Any person may bring an action against the Sec-
retary where there is alleged a failure of the Secretary to
perform any act of duty under this subtitle that is not
discretionary with the Secretary. The court, in issuing any
final order in any action brought pursuant to this section,
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to the prevailing or substan-
tially prevailing party, whenever the court determines that
such an award is appropriate. Nothing in this section shall
restrict any right that any person (or class of persons)
may have under any statute or common law.
‘‘SEC. 1071. EVALUATION OF PROGRAM; REPORTS TO CON-
GRESS.
‘‘(a) EVALUATIONS.—The Secretary shall, directly or
through contracts with public or private entities, carry out
evaluations of representative programs carried out by eli-
gible public entities pursuant to this subtitle.
‘‘(b) REPORTS.—Not later than the expiration of the
18-month period beginning on the date of the enactment
of the Lead-Based Paint Hazard Abatement Trust Fund
Act of 1993, and every 24 months thereafter, the Sec-
retary shall submit to the Congress a report—
‘‘(1) summarizing evaluations carried out pur-
suant to subsection (a) during the preceding 2 fiscal
years; and
‘‘(2) summarizing reports submitted to the Sec-
retary pursuant to section 1068.
‘‘SEC. 1072. USE OF TRUST FUND AMOUNTS FOR EVALUA-
TION AND ADMINISTRATION.
‘‘In each year, of any amounts in the Lead Abate-
ment Trust Fund established in section 9512 of the Inter-
nal Revenue Code of 1986 on October 1, the Secretary
may reserve not more than 0.1 percent for costs relating
to carry out this subtitle (including carrying out evalua-
tions under section 1071) during the fiscal year beginning
on such October 1.
‘‘SEC. 1073. DEFINITIONS.
‘‘For purposes of this subtitle:
‘‘(1) The term ‘child day-care structure’ means
a structure—
‘‘(A) whose purpose includes provision of
child care to children under the age of 7; and
‘‘(B) that is operated by an entity licensed
by a State or political subdivision of a State to
engage in such business.
The term includes rooms and common areas in
school buildings used for activities described in sub-
paragraph (A).
‘‘(2) The term ‘city’ has the meaning given
such term in section 102 of the Housing and Com-
munity Development Act of 1974.
‘‘(3) The term ‘eligible public entity’ has the
meaning given such term in section 1061(b).