I 
116TH CONGRESS 
2D SESSION 
H. R. 8713 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2020 
Mr. MCEACHIN (for himself and Mr. GARCI´A of Illinois) introduced the 
following bill; which was referred to the Committee on Financial Services 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lead-Safe Housing 
for Kids Act of 2020’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds that— 
(1) according to the Centers for Disease Con-
trol and Prevention (CDC), in 2014 approximately 
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995,600 or 4 percent of children under the age of 
6 in the United States had elevated blood lead levels 
above the CDC reference value of 5 micrograms per 
deciliter (μg/dL); 
(2) there is no safe level of lead poisoning; 
(3) according to the CDC, the effects of lead 
poisoning are immediate and permanent—childhood 
exposure to lead, even at very low levels, can have 
lifelong consequences, including decreased IQ and 
cognitive function, developmental delays, and behav-
ioral problems; 
(4) higher exposures to lead at a young age can 
cause seizures, coma, and even death; 
(5) according to the National Housing Law 
Project, there are over 90,400 children in the United 
States living in housing assisted under the Housing 
Choice Voucher Program who have lead poisoning 
and there are an additional 340,000 children living 
in federally assisted housing who are at risk; 
(6) under current program rules, children 
whose families participate in the Housing Choice 
Voucher Program must develop lead poisoning be-
fore a lead hazard risk assessment occurs; 
(7) Columbia University estimates the potential 
societal costs of lead poisoning in the Housing 
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Choice Voucher Program to be almost $1.2 billion; 
and 
(8) while some localities have required property 
owners to conduct risk assessments and abate lead 
when a child under the age of 6 will reside in a 
dwelling unit, there has been evidence that such poli-
cies led to augmented instances of housing discrimi-
nation on the basis of familial status, making hous-
ing opportunities less available for families with chil-
dren and increasing the risk of homelessness for 
such families. 
SEC. 3. AMENDMENTS TO THE LEAD-BASED PAINT POI-
SONING PREVENTION ACT. 
Section 302(a) of the Lead-Based Paint Poisoning 
Prevention Act (42 U.S.C. 4822(a)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ADDITIONAL PROCEDURES FOR FAMILIES 
WITH CHILDREN UNDER THE AGE OF 6.— 
‘‘(A) RISK ASSESSMENT.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘covered housing’— 
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‘‘(I) means housing receiving 
Federal assistance described in para-
graph (1) that— 
‘‘(aa) was constructed prior 
to 1978; and 
‘‘(bb)(AA) is public housing; 
‘‘(BB) receives project-based 
rental assistance under section 8 
of the United States Housing Act 
of 1937 (42 U.S.C. 1437f); 
‘‘(CC) 
receives 
assistance 
under the Housing Opportunities 
for Persons With AIDS under 
subtitle D of title VIII of the 
Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 
12901 et seq.); or 
‘‘(DD) receives assistance 
under the Supportive Housing 
for Persons With Disabilities 
under section 811 of the Cran-
ston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 
8013); and 
‘‘(II) does not include— 
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‘‘(aa) single-family housing 
covered by an application for 
mortgage insurance under the 
National Housing Act (12 U.S.C. 
1701 et seq.); or 
‘‘(bb) multi-family housing 
that— 
‘‘(AA) is covered by an 
application for mortgage in-
surance under the National 
Housing Act (12 U.S.C. 
1701 et seq.); and 
‘‘(BB) does not receive 
any other Federal housing 
assistance. 
‘‘(ii) REGULATIONS.—Not later than 
180 days after the date of enactment of 
the Lead-Safe Housing for Kids Act of 
2020, the Secretary shall promulgate regu-
lations that— 
‘‘(I) require the owner of covered 
housing in which a family with a child 
of less than 6 years of age will reside 
or is expected to reside to conduct an 
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initial risk assessment for lead-based 
paint hazards— 
‘‘(aa) in the case of covered 
housing receiving public housing 
assistance 
under 
the 
United 
States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) or project- 
based rental assistance under 
section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 
1437f), not later than 15 days 
after the date on which a phys-
ical condition inspection occurs; 
and 
‘‘(bb) in the case of covered 
housing not described in item 
(aa), not later than a date estab-
lished by the Secretary; 
‘‘(II) provide that a visual assess-
ment alone is not sufficient for pur-
poses of complying with subclause (I); 
‘‘(III) require that, if lead-based 
paint hazards are identified by an ini-
tial risk assessment conducted under 
subclause (I), the public housing 
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agency for or owner of the covered 
housing shall— 
‘‘(aa) not later than 30 days 
after the date on which the initial 
risk assessment is conducted, 
control the lead-based paint haz-
ards, including achieving clear-
ance in accordance with regula-
tions promulgated under section 
402 or 404 of the Toxic Sub-
stances Control Act (15 U.S.C. 
2682, 2684), as applicable, ex-
cept that to the extent that the 
requirements under this item re-
sult in additional costs, this item 
shall be effective and apply only 
to the extent that amounts to 
cover such additional costs are 
provided in advance in appropria-
tion Acts; and 
‘‘(bb) provide notice to all 
residents in the covered housing 
affected by the initial risk assess-
ment, and provide notice in the 
common areas of the covered 
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housing, that lead-based paint 
hazards were identified and will 
be controlled within the 30-day 
period described in item (aa); 
and 
‘‘(IV) provide that there shall be 
no extension of the 30-day period de-
scribed in subclause (III)(aa). 
‘‘(iii) EXCEPTIONS.—The regulations 
promulgated under clause (ii) shall provide 
an exception to the requirement under sub-
clause (I) of such clause for covered hous-
ing— 
‘‘(I) if the public housing agency 
for or owner of the covered housing 
submits to the Secretary documenta-
tion— 
‘‘(aa) that the public hous-
ing agency or owner conducted a 
risk assessment of the covered 
housing for lead-based paint haz-
ards during the 12-month period 
preceding the date on which the 
family is expected to reside in the 
covered housing; and 
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‘‘(bb) of any clearance ex-
aminations of lead-based paint 
hazard control work resulting 
from the risk assessment de-
scribed in item (aa); 
‘‘(II) from which all lead-based 
paint has been identified and removed 
and clearance has been achieved in ac-
cordance with regulations promul-
gated under section 402 or 404 of the 
Toxic Substances Control Act (15 
U.S.C. 2682, 2684), as applicable; 
‘‘(III)(aa) if the dwelling unit is 
unoccupied; 
‘‘(bb) if the public housing agen-
cy for or owner of the covered hous-
ing, without any further delay in occu-
pancy or increase in rent, provides the 
family with another dwelling unit in 
the covered housing that has no lead- 
based paint hazards; and 
‘‘(cc) the common areas servicing 
the new dwelling unit have no lead- 
based paint hazards; and 
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‘‘(IV) if the covered housing is in 
compliance with the schedule for risk 
assessment under the program under 
which assistance is provided for the 
housing and such schedule provides 
that the period of time between the 
most recent assessment and the next 
assessment will not exceed 24 months. 
‘‘(B) RELOCATION.—Not later than 180 
days after the date of enactment of the Lead- 
Safe Housing for Kids Act of 2020, the Sec-
retary shall promulgate regulations to provide 
that a family with a child of less than 6 years 
of age that occupies a dwelling unit in covered 
housing in which lead-based paint hazards were 
identified, but not controlled in accordance with 
regulations required under clause (ii), may relo-
cate on an emergency basis and without place-
ment on any waiting list, penalty (including 
rent payments to be made for that dwelling 
unit), or lapse in assistance to another dwelling 
unit in covered housing that has no lead-based 
paint hazards.’’. 
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SEC. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED 
HOUSING. 
(a) IN GENERAL.—Not later than 12 months after 
the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall establish and im-
plement a demonstration program under which— 
(1) an owner of a dwelling for which tenant- 
based rental assistance under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f) is provided and in which a child of less than 
6 years of age will reside or is expected to reside 
shall conduct, and cover the costs of, an initial risk 
assessment for lead-based paint hazards in such 
housing; 
(2) the Secretary shall cover the costs of abate-
ment of any lead-based paint hazards identified pur-
suant to risk assessments paid for as provided under 
paragraph (1); and 
(3) the owner of any dwelling unit for which 
abatement activities are conducted pursuant to para-
graph (2) is required, for a period to be determined 
by the Secretary based on the cost or percentage of 
the cost of such abatement activities covered by the 
Secretary, to rent the dwelling unit only to a house-
hold assisted with tenant-based rental assistance 
under such section 8. 
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(b) PROCEDURES AND REQUIREMENTS.—Under the 
demonstration program, the Secretary shall establish pro-
cedures and requirements with respect to housing covered 
by the demonstration program that are similar to the pro-
cedures and requirements applicable under paragraph (1) 
of section 302(a) of the Lead-Based Paint Poisoning Pre-
vention Act (42 U.S.C. 4822(a)(1)) to housing covered by 
such paragraph, except as otherwise modified by this sec-
tion. 
(c) GEOGRAPHICAL DIVERSITY.—The Secretary shall 
carry out the demonstration program under this section 
in a variety of locations having high rates of lead poi-
soning, including urban areas and rural areas, in a man-
ner that ensures geographically diversity of housing as-
sisted under the program. 
(d) COORDINATION.—Public housing agencies pro-
viding rental assistance for dwelling units participating in 
the demonstration program under this section shall coordi-
nate with local public health agencies to determine if such 
dwelling units had a previous history of lead poisoning and 
if that lead poisoning was reported to the public housing 
agency. 
(e) MONITORING; REPORTING.— 
(1) MONITORING.—The Secretary shall monitor 
the extent of landlord compliance and participation 
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under the demonstration program under this section 
and shall assess the relationships between the period 
of affordability required under subsection (a)(2), the 
amount or portion of the cost of abatement activities 
covered by the Secretary pursuant to such sub-
section, and the level of participation in the dem-
onstration program by landlords. 
(2) ANNUAL
REPORTS.—The Secretary shall 
submit a report annually to the Congress on land-
lord compliance and participation in the demonstra-
tion program. Each such report shall identify any 
changes in the rate of landlord compliance and par-
ticipation from year to year and from immediately 
before the implementation of the demonstration pro-
gram to the time of such report, and shall include 
an analysis of whether and the extent to which the 
availability of dwelling units to be assisted with ten-
ant-based rental assistance under section 8 of the 
United States Housing Act of 1937 is restricted or 
limited based on race, color, religion, sex, disability, 
familial status, or national origin in any manner 
that does not comply with the Fair Housing Act. 
(3) INVOLVEMENT OF OFFICE OF FAIR HOUS-
ING
AND
EQUAL
OPPORTUNITY.—In conducting 
monitoring pursuant to paragraph (1) and preparing 
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reports pursuant to paragraph (2), the Secretary 
shall involve and consult with the Office of Fair 
Housing and Equal Opportunity. 
(4) FINAL REPORT.—Not later than the expira-
tion of the 6-month period beginning upon the ter-
mination of the demonstration program under sub-
section (h), the Secretary shall submit a final report 
on the program to the Congress that shall include 
the following information: 
(A) ANNUAL REPORT INFORMATION.—All 
information required to be submitted pursuant 
to paragraph (2) in each annual report under 
such paragraph. 
(B) EFFECTIVENESS IN PREVENTING LEAD 
POISONING.—Identification of— 
(i) the overall number of dwelling 
units where a risk assessment identified a 
lead hazard before a child under age six 
occupied the unit; and 
(ii) if feasible, for each dwelling with 
such an identified lead hazard— 
(I) whether the unit had visual 
signs of a lead hazard or had pre-
viously passed a visual inspection; and 
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(II) any documented cases of 
lead poisoning in children previously 
residing in the dwelling unit. 
(C) ACTUAL COST.—Identification of— 
(i) the actual cost of conducting pre- 
occupancy risk assessments of dwelling 
units, including the varying cost based on 
the age, building type, and location of the 
unit; 
(ii) the actual cost of lead-based paint 
hazard control activities conducted after a 
risk assessment that indicated the presence 
of a lead-based paint hazard in the partici-
pating units; and 
(iii) the actual cost of the clearance 
examination conducted after completion of 
lead-based paint hazard control activities. 
(D) PARTICIPATING TENANTS.—Identifica-
tion of— 
(i) the number, age, race, and eth-
nicity of children who would have lived in 
dwelling units where a lead hazard was 
discovered after a pre-occupancy risk as-
sessment; and 
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(ii) the number, age, race, and eth-
nicity of children residing in dwelling units 
in buildings in which a participating dwell-
ing unit having a lead-based paint hazard 
is located. 
(E) PARTICIPATING UNITS.—Identification 
of— 
(i) the age of participating dwelling 
units; 
(ii) the block in which participating 
units are located and, if not available, the 
census tract in which participating units 
are located; 
(iii) the type of building in which par-
ticipating units are located; and 
(iv) the number of participating units 
in which a lead-based paint hazard was 
discovered. 
(F) RISK
ASSESSMENTS.—Identification 
of— 
(i) the number of inspectors available 
in each locality to conduct risk assessments 
under the program; 
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(ii) the amount of time elapsed from 
making of a request for a risk assessment 
until completion of the assessment; and 
(iii) the agency employing each in-
spector. 
(f) PUBLIC AVAILABILITY OF INFORMATION.—The 
Secretary shall make information collected pursuant to the 
demonstration program under this section publicly avail-
able on the website of the Department in a manner that 
does not provide any personally identifiable information 
regarding individuals or households participating in the 
program. 
(g) DEFINITIONS.—For purposes of this section, the 
terms ‘‘risk assessment’’, ‘‘inspection’’, ‘‘interim con-
trols’’, and ‘‘lead-based paint hazard’’ have the same 
meaning given such terms in section 1004 of the Residen-
tial Lead-Based Paint Hazard Reduction Act of 1992 (42 
U.S.C. 4851b). 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $50,000,000 for fiscal years 
2021 through 2025 to carry out this section. 
(i) TERMINATION.—The demonstration program es-
tablished under this section shall terminate 5 years after 
the date of the enactment of this Act. 
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SEC. 5. RISK ASSESSMENTS. 
Paragraph (25) of section 1004 of the Residential 
Lead-Based Paint Hazard Reduction Act of 1992 (42 
U.S.C. 4851b(25)) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (G); and 
(2) by striking subparagraphs (C) and (D) and 
inserting the following new subparagraphs: 
‘‘(C) dust sampling; 
‘‘(D) soil sampling; 
‘‘(E) paint testing; 
‘‘(F) water testing; and’’. 
SEC. 6. NOTICE TO ASSISTED FAMILIES REGARDING FAIR 
HOUSING RIGHTS AND LEAD-BASED PAINT. 
Subtitle F of title V of the Quality Housing and Work 
Responsibility Act of 1998 is amended— 
(1) in section 578(c) (42 U.S.C. 13663(c)), by 
striking ‘‘section 579(a)(2)’’ and inserting ‘‘section 
580(a)(2)’’; 
(2) by redesignating section 579 (42 U.S.C. 
13664) as section 580; and 
(3) by inserting after section 578 (42 U.S.C. 
13663) the following new section: 
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‘‘SEC. 579. NOTICE TO ASSISTED FAMILIES REGARDING 
FAIR HOUSING RIGHTS AND LEAD-BASED 
PAINT. 
‘‘(a) REQUIRED PROVISION.—The Secretary shall re-
quire each public housing agency and owner of housing 
described in subsection (d) to provide written notice under 
subsection (b) to each— 
‘‘(1)(A) applicant who is selected from the wait-
ing list for admission to such federally assisted hous-
ing or to such a federally assisted housing program; 
and 
‘‘(B) assisted family who moves to a different 
such federally assisted housing dwelling unit; and 
‘‘(2) whose household at the time of such selec-
tion or move, includes a child of less than 6 years 
of age who will reside or is expected to reside in 
such housing. 
‘‘(b) CONTENTS; TIMING.—Written notice under this 
subsection shall be notice, in the form developed under 
subsection (c) that is provided at the time of the selection 
or move, as applicable, described in subsection (a)(1), that 
includes information sufficient to describe to the applicant 
or assisted family— 
‘‘(1) the adverse health effects lead poisoning 
can have on individuals and particularly on children; 
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‘‘(2) their rights under the Fair Housing Act 
and other applicable State or local laws regarding 
fair housing, including how to report housing dis-
crimination violations under such Act and laws; 
‘‘(3) the extent of the owner’s responsibility to 
ensure that their housing is controlled for lead-based 
paint; 
‘‘(4) that the responsibility described pursuant 
to paragraph (2) should not limit the ability of the 
applicant or assisted family to secure federally as-
sisted housing based on Fair Housing rights under 
such paragraph; and 
‘‘(5) that all children enrolled in Medicaid, in-
cluding children enrolled for medical assistance 
under a State plan under title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.) (or a waiver of 
such a plan) and children enrolled for child health 
assistance under a State child health plan under title 
XXI of such Act (42 U.S.C. 1397aa et seq.) (or a 
waiver of such a plan), are required to receive blood 
lead screening tests at ages 12 months and 24 
months and that, in addition, any child between 24 
and 72 months with no record of a previous blood 
lead screening test must receive such a screening 
test. 
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‘‘(c) STANDARD FORM.—The Secretary shall develop 
a standard form of the notice required under this section 
that complies with all of the requirements of this section 
and shall make such standard form available to public 
housing agencies and owners of federally assisted housing 
to facilitate compliance with the requirements this section. 
‘‘(d) COVERED HOUSING PROGRAMS.—Housing de-
scribed in this subsection is housing that is— 
‘‘(1) specified in subparagraph (A), (B), (C), or 
(F) of section 580(a)(1); or 
‘‘(2) assisted under the Housing Opportunities 
for Persons With AIDS under subtitle D of title 
VIII of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12901 et seq.)’’. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
the amendments made by section 2 such sums as may be 
necessary for each of fiscal years 2020 through 2024 for— 
(1) covering administrative costs of public hous-
ing agencies and other owners of covered housing in 
complying with such amendments, including cost of 
providing 
notice 
under 
section 
302(a)(4)(A)(ii)(III)(bb) of the Lead-Based Paint 
Poisoning Prevention Act (as added by the amend-
ment made by section 2(2) of this Act) and section 
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579 of the Quality Housing and Work Responsibility 
Act of 1998 (as added by section 5(3) of this Act); 
(2) costs of the Department of Housing and 
Urban Development for training individuals to con-
duct risk assessments to be conducted under section 
302(a) of the Lead-Based Paint Poisoning Preven-
tion Act and under the demonstration program 
under section 4 of this Act; 
(3) the Office of Fair Housing and Equal Op-
portunity of the Department of Housing and Urban 
Development— 
(A) for carrying out a national education 
campaign regarding lead-based paint on Fair 
Housing Act protections and for tenant out-
reach and landlord engagement; and 
(B) for enforcement activities, including 
activities under the Fair Housing Initiatives 
Program under section 561 of the Housing and 
Community Development Act of 1987 (42 
U.S.C. 3616a); and 
(4) the Secretary of Housing and Urban Devel-
opment to conduct a study of universal lead abate-
ment that is phased in over time. 
Æ 
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