I
107TH CONGRESS
1ST SESSION
H. R. 2034
To authorize the Secretary of Housing and Urban Development to make
grants to evaluate and reduce lead-based paint hazards at public elemen-
tary schools and licensed child day-care facilities.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2001
Ms. ROYBAL-ALLARD (for herself, Mr. ACEVEDO-VILA´, Mr. BORSKI, Ms. CAR-
SON of Indiana, Mr. DAVIS of Illinois, Mr. GREEN of Texas, Mr. HIN-
CHEY, Ms. KILPATRICK, Mr. LANTOS, Mrs. MALONEY of New York, Mr.
MCGOVERN, Ms. MCKINNEY, Ms. SLAUGHTER, Ms. SOLIS, Mr. UNDER-
WOOD, and Ms. VELA´ZQUEZ) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to
the Committee on Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To authorize the Secretary of Housing and Urban Develop-
ment to make grants to evaluate and reduce lead-based
paint hazards at public elementary schools and licensed
child day-care facilities.
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 ‘‘School and Day-Care
Lead-Based Paint Reduction Act of 2001’’.
SEC. 2. PROGRAM OF GRANTS REGARDING LEAD-BASED
PAINT HAZARDS AT PUBLIC ELEMENTARY
SCHOOLS AND LICENSED CHILD DAY-CARE
FACILITIES.
(a) IN GENERAL.—
(1) AUTHORITY
FOR
MAKING
GRANTS.—The
Secretary of Housing and Urban Development may
make grants to States, units of local government,
and local educational agencies for the purpose of
evaluating and reducing lead-based paint hazards
at—
(A) public elementary schools; and
(B) child day-care facilities that are li-
censed by the State in which the facilities are
located.
(2) CONSULTATIONS.—In carrying out this sec-
tion, the Secretary shall consult with the Secretary
of Education, the Administrator of the Environ-
mental Protection Agency, and the Secretary of
Health and Human Services.
(b) SELECTION
CRITERIA.—The Secretary shall
make grants under subsection (a) on the basis of the ac-
tivities proposed to be carried out with the grants and on
the basis of the following criteria for approving applica-
tions for the grants:
(1) The extent to which the proposed activities
will reduce the risk of lead poisoning to children at
the eligible facilities involved, with priority given to
facilities that serve significant numbers of children
who are under the age of 6.
(2) The comparative degree of severity and ex-
tent of lead-based paint hazards at the eligible facili-
ties.
(3) The extent to which the facilities and the
applicant for the grant have the fiscal capacity to
carry out the purpose described in subsection (a)
without a grant under such subsection.
(4) The ability of the applicant to provide for
the non-Federal contributions required in subsection
(d).
(5) The ability of the applicant to carry out the
proposed activities.
(6) Such other factors as the Secretary deter-
mines appropriate to ensure that the grants are used
effectively and to promote the purpose described in
subsection (a).
(c) AUTHORIZED EXPENDITURES.—The Secretary
may authorize the expenditure of a grant under subsection
(a) for the following purposes:
(1) To perform risk assessments and lead in-
spections at the eligible facilities involved.
(2) To provide for the interim control of lead-
based paint hazards at such facilities.
(3) To provide for the abatement of such haz-
ards at the facilities.
(4) If the facilities are undergoing renovations
carried out with funds other than the grant, to pro-
vide for the additional cost of reducing such hazards
at the facilities.
(5) To ensure that risk assessments, inspec-
tions, and abatements are carried out by certified
contractors in accordance with section 402 of the
Toxic Substances Control Act. This paragraph may
not be construed as prohibiting personnel who carry
out maintenance or cleaning duties at eligible facili-
ties from performing their normal duties at the fa-
cilities.
(6) To monitor the blood-lead levels of workers
involved in lead hazard reduction activities carried
out pursuant to this section.
(7) To assist in the temporary relocation of the
activities of the facilities while lead hazard reduction
measures are being conducted at the facilities.
(8) To educate the following individuals on the
nature and causes of lead poisoning and on meas-
ures to reduce lead-based paint hazards at the facili-
ties:
(A) School officials, teachers, and students
at the facilities, and parents of the students, in
the case of facilities that are eligible schools.
(B) Supervisors, staff, and children at the
facilities, and parents of the children, in the
case of facilities that are eligible child day-care
facilities.
(C) Personnel who carry out maintenance
duties at the eligible facilities.
(D) Personnel who carry out cleaning du-
ties at the facilities.
(9) After lead-based paint hazard reduction ac-
tivities have been conducted at the facilities, to test
soil, interior surface dust, and the blood-lead levels
of children at the facilities to assure that such activi-
ties do not cause excessive exposure to lead.
(10) To carry out the activities described in this
subsection at facilities that are not currently being
used as eligible facilities but are undergoing renova-
tion in order to be used as such facilities.
(11) To carry out such other activities as the
Secretary determines appropriate to promote the
purpose described in subsection (a).
(d) REQUIREMENT OF MATCHING FUNDS.—
(1) IN GENERAL.—A condition for the receipt
of a grant under subsection (a) is that, subject to
paragraph (2), the applicant for the grant agree to
make available (directly or through donations from
public or private entities) non-Federal contributions
toward the purpose described in such subsection in
an amount that is not less than 50 percent of the
amount of the grant.
(2) PROVISIONS REGARDING SERVICE TO LOW-
INCOME CHILDREN.—With respect to eligible facili-
ties that serve significant numbers of children from
low-income families, the following apply:
(A) In the case of the activities described
in paragraphs (1) and (2) of subsection (c) (re-
lating to risk assessments, inspections, and in-
terim control), the Secretary may waive the re-
quirement of paragraph (1) or reduce the per-
centage that otherwise would be applicable
under such paragraph.
(B) In the case of other activities described
in subsection (c), the Secretary may reduce the
percentage that otherwise would be applicable
under such paragraph, except that the percent-
age may not be less than 10 percent.
(3) DETERMINATION
OF
AMOUNT
CONTRIB-
UTED.—Non-Federal contributions required in para-
graph (1) may be in cash or in kind, fairly evalu-
ated, including plant, equipment, or services.
Amounts provided by the Federal Government, or
services assisted or subsidized to any significant ex-
tent by the Federal Government, may not be in-
cluded in determining the amount of such non-Fed-
eral contributions.
(e) REPORT.—A condition for the receipt of grant
under subsection (a) is that the applicant for the grant
agree that the applicant will for each fiscal year in which
the grant is expended submit to the Secretary a report
that provides the following:
(1) A description of the purposes for which the
grant was expended.
(2) A statement of the number of risk assess-
ments and inspections conducted at eligible schools
and at eligible child day-care facilities.
(3) A statement of the number of eligible
schools and eligible child day-care facilities at which
lead-based paint hazards have been reduced through
interim controls.
(4) A statement of the number of eligible
schools and eligible child day-care facilities at which
lead-based paint hazards have been abated.
(5) Such other information as the Secretary de-
termines to be appropriate.
(f) OTHER CONDITIONS.—A condition for the receipt
of grant under subsection (a) is that the applicant for the
grant agree to the following:
(1) The grant will not be expended to replace
other amounts made available or designated by the
State, unit of local government, or local educational
agency involved for the purpose described in sub-
section (a). In determining compliance with the pre-
ceding sentence, the Secretary shall count non-Fed-
eral contributions provided by the applicant under
subsection (d).
(2) Not more than 10 percent of the grant will
be used for the administrative expenses of carrying
out the purpose described in subsection (a).
(3) The applicant will maintain and provide the
Secretary with financial records that are sufficient,
in the determination of the Secretary, to ensure
proper accounting and disbursing of the grant.
(g) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this sec-
tion.
(h) COORDINATION WITH ACADEMIC YEAR.—To the
maximum extent feasible, the Secretary shall in making
grants under subsection (a) with respect to eligible schools
ensure that application deadlines and grant notification
timelines are compatible with the needs of State and local
officials in providing for a normal academic year at the
eligible schools involved.
(i) DEFINITIONS.—For purposes of this section:
(1)(A) The terms specified in subparagraph (B)
have the meanings given such terms in section 1004
of the Residential Lead-Based Paint Hazard Reduc-
tion Act of 1992.
(B) The terms referred to in subparagraph (A)
are ‘‘abatement’’; ‘‘certified contractor’’; ‘‘inspec-
tion’’; ‘‘interim controls’’; ‘‘lead-based paint’’; ‘‘lead-
based paint hazard’’; ‘‘reduction’’; and ‘‘risk assess-
ment’’.
(2) The term ‘‘elementary school’’ has the
meaning given such term in section 14101 of the El-
ementary and Secondary Education Act of 1965.
(3) The term ‘‘eligible child day-care facilities’’
means child day-care facilities described in sub-
section (a).
(4) The term ‘‘eligible facilities’’ means eligible
schools and eligible child day-care facilities.
(5) The term ‘‘eligible schools’’ means schools
described in subsection (a).
(6) The term ‘‘local educational agency’’ has
the meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965.
(7) The term ‘‘low income family’’ means fami-
lies that have incomes at or below an amount equal
to 200 percent of the official poverty line, as estab-
lished by the Director of the Office of Management
and Budget and revised by the Secretary of Health
and Human Services in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of
1981.
(8) The term ‘‘Secretary’’ means the Secretary
of Housing and Urban Development, unless the con-
text indicates otherwise.
(j) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each fiscal year.
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