Title: LEAD SALE Act of 2017
Policy area: Housing and Community Development

Summary:
Lead Exposure Accountability During Sales Avoids Lead Endangerment Act of 2017 or the LEAD SALE Act of 2017
This bill amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 with respect to federal requirements governing the disclosure of lead-based paint hazards in target housing that is offered for sale or lease.
The bill expands civil liability provisions to make violators of the requirements liable to residents or invitees of the target housing suffering damages.
The bill also authorizes the Department of Housing and Urban Development to use subpoenas to administer the disclosure requirements.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4432 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4432

   To amend section 1018 of the Residential Lead-Based Paint Hazard 
   Reduction Act of 1992 to make violators of such section liable to 
 residents and invitees of target housing for such violations, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

     Mr. Cartwright (for himself, Mr. Cummings, and Mr. Cicilline) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
   To amend section 1018 of the Residential Lead-Based Paint Hazard 
   Reduction Act of 1992 to make violators of such section liable to 
 residents and invitees of target housing for such violations, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Exposure Accountability During 
Sales Avoids Lead Endangerment Act of 2017'' or the ``LEAD SALE Act of 
2017''.

SEC. 2. CIVIL LIABILITY FOR VIOLATIONS OF DISCLOSURE REQUIREMENTS 
              REGARDING LEAD UPON TRANSFER OF RESIDENTIAL PROPERTY.

    (a) In General.--Paragraph (3) of section 1018(b) of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 
4852d(b)(3)) is amended by inserting ``, or to any resident or invitee 
of the target housing suffering damages,''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to violations of such section 1018 occurring after 
January 1, 2018.

SEC. 3. SUBPOENA AUTHORITY FOR LEAD DISCLOSURE RULE.

    Subsection (a) of section 1018 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992 (42 U.S.C. 4852d(a)) is amended by adding 
at the end the following new paragraph:
            ``(6) Authority of secretary.--
                    ``(A) Investigations.--The Secretary may conduct 
                such investigations as may be necessary to administer 
                and carry out the duties of the Secretary under this 
                subsection. The Secretary may administer oaths and 
                require by subpoena the production of documents, and 
                the attendance and testimony of witnesses, as the 
                Secretary considers advisable. This subparagraph may 
                not be construed to prevent the Administrator of the 
                Environmental Protection Agency from exercising 
                authority under the Toxic Substances Control Act or 
                this Act.
                    ``(B) Enforcement.--Any district court of the 
                United States within the jurisdiction of which an 
                inquiry is carried out, upon application of the 
                Attorney General, may, in the case of contumacy, 
                failure, or refusal to comply with this subsection or 
                to obey a subpoena of the Secretary issued under this 
                paragraph, issue an order requiring such compliance 
                therewith. Any failure to obey such an order of the 
                court may be punished by such court as a contempt 
                thereof.''.
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