I 
117TH CONGRESS 
2D SESSION 
H. R. 7165 
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 
MARCH 18, 2022 
Mr. MCEACHIN (for himself, Ms. PRESSLEY, and Mr. GARCI´A of Illinois) in-
troduced the following bill; which was referred to the Committee on Fi-
nancial 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 2022’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds that— 
(1) according to the Centers for Disease Con-
trol and Prevention (CDC), on average between 
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2011 and 2016, approximately 590,000 or 2.5 per-
cent of children under the age of 6 in the United 
States had elevated blood lead levels above the CDC 
reference value of 3.5 micrograms per deciliter (μg/ 
dL); 
(2) there is no safe blood lead level in children; 
(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) under current law, children whose families 
participate in the Housing Choice Voucher Program 
must have been identified as having an elevated 
blood lead exceeding 3.5 micrograms per deciliter, as 
established by the CDC, or exhibit symptoms of lead 
poisoning before a lead hazard risk assessment oc-
curs; and 
(6) 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, the Massachusetts Fair Housing Cen-
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ter recently sued the Massachusetts Department of 
Public Health for instituting such a policy that the 
Fair Housing Center argues led to augmented in-
stances of housing discrimination on the basis of fa-
milial status, as defined by section 802 of the Fair 
Housing Act (42 U.S.C. 3602(k)), making housing 
opportunities less available for families with children 
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) COVERED HOUSING DEFINED.— 
In this subparagraph, the term ‘covered 
housing’— 
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ston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 
8013); and 
‘‘(II) does not include— 
‘‘(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 financial 
assistance. 
‘‘(ii) REGULATIONS.—Not later than 
180 days after the date of enactment of 
the Lead-Safe Housing for Kids Act of 
2022, the Secretary shall promulgate regu-
lations that— 
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ards were identified and will be 
controlled within the 30-day pe-
riod described in item (aa) which 
notice shall be provided in acces-
sible and alternative formats con-
sistent with the requirements 
under section 504 of the Reha-
bilitation Act of 1973, the Ameri-
cans with Disabilities Act of 
1990, and title VI of the Civil 
Rights Act of 1964; 
‘‘(IV) provide that, to the extent 
that the requirements under items 
(aa) and (bb) of subclause (III) result 
in additional costs, such items shall be 
effective and apply only to the extent 
that amounts to cover such additional 
costs are provided in advance in ap-
propriation Acts; and 
‘‘(V) 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-
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clause (I) of such clause for covered hous-
ing— 
‘‘(I) if the public housing agency, 
grantee, or the owner of the covered 
housing submits to the Secretary doc-
umentation— 
‘‘(aa) that the public hous-
ing agency, grantee, or owner 
conducted a risk assessment of 
the covered housing for lead- 
based paint hazards during the 
12-month period, or a reevalua-
tion of the covered housing, in-
cluding 
after 
any 
lead-based 
paint hazards have been con-
trolled, during the 24-month pe-
riod preceding the date on which 
the family is expected to reside in 
the covered housing; for purposes 
of this item, the term ‘reevalua-
tion’ means an activity performed 
by a risk assessor certified under 
sections 402 or 404 of the Toxic 
Substances 
Control 
Act 
(15 
U.S.C. 2682, 2684), as applica-
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ble, subsequent to an initial risk 
assessment and to completion of 
any resulting lead-based paint 
hazard control measures, includ-
ing a visual assessment of paint-
ed surfaces for deterioration and 
limited dust and soil sampling, 
where lead-based paint is still 
present; and 
‘‘(bb) that clearance of lead- 
based paint hazard control work 
resulting from the risk assess-
ment described in item (aa) has 
been achieved in accordance with 
clause (II) or with regulations 
promulgated under this section, 
as applicable; 
‘‘(II) from which all lead-based 
paint hazards have been identified and 
removed and clearance has been 
achieved in accordance with regula-
tions promulgated under section 402 
or 404 of the Toxic Substances Con-
trol Act (15 U.S.C. 2682, 2684), as 
applicable, or with regulations promul-
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gated under this section, as applica-
ble; 
‘‘(III)(aa) if the dwelling unit is 
unoccupied; 
‘‘(bb) if the public housing agen-
cy, grantee, or the owner of the cov-
ered housing, without any further 
delay in occupancy or increase in rent, 
provides the family with another com-
parable dwelling unit in the covered 
housing that has no lead-based paint 
hazards; and 
‘‘(cc) if the common areas serv-
icing the new dwelling unit have no 
lead-based paint hazards; and 
‘‘(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- 
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Safe Housing for Kids Act of 2022, 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. Relocation shall be performed 
consistent with the standards set forth under 
the Uniform Relocation Assistance and Real 
Property Acquisition Act of 1970 and any other 
applicable Federal civil rights, fair housing, and 
nondiscrimination laws.’’. 
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— 
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(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. 
(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) 
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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) CONSULTATION.—Public housing agencies pro-
viding rental assistance for dwelling units participating in 
the demonstration program under this section shall con-
sult local public health agencies for records if such dwell-
ing units had a previous history of lead poisoning. 
(e) MONITORING; REPORTING.— 
(1) MONITORING.—The Secretary shall monitor 
the extent of owner compliance and participation 
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. 
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(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— 
(A) identify any changes in the rate of 
owner compliance and participation from year 
to year and from immediately before the imple-
mentation of the demonstration program to the 
time of such report; and 
(B) include an analysis of whether dis-
crimination occurred on the basis of race, color, 
religion, sex, disability, familial status, or na-
tional origin in violation of the Fair Housing 
Act in dwelling units to be assisted with tenant- 
based rental assistance under section 8 of the 
United States Housing Act of 1937. 
(3) INVOLVEMENT OF OFFICE OF FAIR HOUS-
ING
AND
EQUAL
OPPORTUNITY.—In conducting 
monitoring pursuant to paragraph (1) and preparing 
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-
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section (i), 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 
(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 
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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 
(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— 
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(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 lead-based paint 
risk assessors available in each locality to 
conduct risk assessments under the pro-
gram; 
(ii) the amount of time elapsed from 
making of a request for a risk assessment 
until completion of the assessment; and 
(iii) the public housing agency em-
ploying each lead-based paint risk assessor. 
(f) PUBLIC AVAILABILITY OF INFORMATION.—The 
Secretary shall make information collected pursuant to the 
demonstration program under this section publicly avail-
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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 
2023 through 2027 to carry out this section. 
(i) TERMINATION.—The demonstration program es-
tablished under this section shall terminate 6 years after 
the date of the enactment of this Act. 
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; 
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‘‘(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: 
‘‘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, grantee, and owner of 
housing described in subsection (d) to provide written no-
tice, consistent with Federal civil rights, fair housing, and 
nondiscrimination requirements, under subsection (b) to 
each— 
‘‘(1)(A) applicant who is selected from the wait-
ing list for admission to such federally assisted hous-
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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 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 as-
sisted family— 
‘‘(1) the adverse health effects lead poisoning 
can have on children under 6 years old; 
‘‘(2) their rights under the Fair Housing Act, 
the Americans with Disabilities Act (42 U.S.C. 
12101 et seq.), section 504 of the Rehabilitation Act 
(29 U.S.C. 794), title VI of the Civil Rights Act (42 
U.S.C. 2000d et seq.), and other applicable State or 
local laws regarding fair housing, including how to 
file complaints of housing discrimination under such 
Acts and laws; 
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‘‘(3) the extent of the public housing agency’s, 
grantee’s, and owner’s, as applicable, responsibility 
to ensure that their housing is controlled for lead- 
based paint; 
‘‘(4) that the rights described pursuant to para-
graph (2) should not limit the ability of the appli-
cant or assisted family to secure federally assisted 
housing based on the Fair Housing Act, the Ameri-
cans with Disabilities Act (42 U.S.C. 12101), sec-
tion 504 of the Rehabilitation Act (29 U.S.C. 794), 
or title VI of the Civil Rights Act (42 U.S.C. 2000d 
et seq.) 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, in consulta-
tion with the Secretary of Health and Human Services, 
and the Administrator of the Environmental Protection 
Agency, shall develop a standard form of the notice re-
quired under this section that complies with all of the re-
quirements of this section and shall make such standard 
form available to public housing agencies, grantees, and 
owners of federally assisted housing to facilitate compli-
ance with the requirements of 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 such sums as 
may be necessary for each of fiscal years 2023 through 
2027 for— 
(1) covering administrative, testing, and abate-
ment costs of public housing agencies, grantees, and 
other owners of covered housing in complying with 
such amendments, including cost of providing notice 
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under section 302(a)(4)(A)(ii)(III)(bb) of the Lead- 
Based Paint Poisoning Prevention Act (as added by 
the amendment made by section 3(2) of this Act) 
and section 579 of the Quality Housing and Work 
Responsibility Act of 1998 (as added by section 6(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 and Fair 
Housing Act protections and for tenant out-
reach and owner 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 
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(4) the Secretary of Housing and Urban Devel-
opment to conduct a study of a strategy for the 
abatement by removal of lead-based paint from all 
assisted and unassisted housing that is phased in 
over time. 
Æ 
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