[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4416 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4416
To authorize the Secretary of Housing and Urban Development to award
grants to eligible entities to evaluate and reduce lead-based paint
hazards, lead in drinking water hazards, and lead in soil hazards in
pre-1978 residential real properties.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2019
Mr. Golden (for himself, Mr. Quigley, Mr. Khanna, Ms. Roybal-Allard,
Mr. Engel, and Ms. Pingree) introduced the following bill; which was
referred to the Committee on Financial Services, and in addition to the
Committees on Energy and Commerce, and Veterans' Affairs, for a period
to be subsequently 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 Development to award
grants to eligible entities to evaluate and reduce lead-based paint
hazards, lead in drinking water hazards, and lead in soil hazards in
pre-1978 residential real properties.
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-Free Future Act of 2019''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Lead poisoning is an entirely preventable environmental
illness.
(2) The Centers for Disease Control and Prevention has
declared that there is no safe level of lead, with even low-
level exposure having lifelong negative impacts on children.
(3) In 2012, the Centers for Disease Control and Prevention
determined that a concentration of 5 micrograms per deciliter
(ug/dL) in blood is the reference level, at which it is
recommended that public health action be initiated.
(4) The American Academy of Pediatrics has described lead
exposure as ``a causal risk factor for diminished intellectual
and academic abilities, higher rates of neurobehavioral
disorders such as hyperactivity and attention deficits, and
lower birth weight in children.''.
(5) Studies of children with a history of elevated blood
lead levels at or above 5ug/dL show the impact over the course
of their life, including diminished IQ scores, which lead to
lower rates of high school graduation, lower earning potential,
and fewer Quality-Adjusted Life Years.
(6) The Centers for Disease Control and Prevention has
found that children are at higher risk of lead or lead exposure
if they are low-income, a person of color, or a recent
immigrant, live in poorly maintained rental properties, or have
parents who are exposed to lead at work.
(7) The primary sources of lead exposure are dust from
chipping and peeling paint found in pre-1978 homes and water as
a result of lead service lines used to transport drinking
water, although lead has also been found in food, soil,
jewelry, pottery, and other consumer products.
(8) The Centers for Disease Control and Prevention has
found that about 23,000,000 housing units, most of them built
before 1960, have one or more lead-based paint hazards, where
young children under age 6 are endangered by chipping or
peeling lead paint or excessive amounts of lead-contaminated
dust.
(9) According to the Centers for Disease Control and
Prevention, there were over 88,000 new cases of lead poisoning
in the United States in 2016.
(10) A 2017 study by Pew Charitable Trust indicates that
removing lead-based paint hazards and lead service lines from
older housing with low-income children results in a combined
return on investment of $2.77 per dollar invested.
(11) The 2019 Interagency Task Force Lead Action Plan found
that a national strategy is required to holistically address
lead hazards in housing, drinking water, and soil.
(12) The Federal Government has historically had a role in
assessing and correcting home health hazards to support the
national goal of providing decent, safe, and sanitary housing
for every family in the United States.
(13) Standards for lead cleanup funding should--
(A) align with Federal health and environmental
recommendations; and
(B) move all States to health-protective lead
exposure prevention and mitigation strategies.
SEC. 3. LEAD CLEANUP GRANTS.
(a) In General.--The Secretary of Housing and Urban Development (in
this section referred to as the ``Secretary'') shall award grants to
eligible entities for the purpose of evaluating and reducing lead-based
paint hazards, lead in drinking water hazards, and lead in soil hazards
in residential real properties constructed before 1978.
(b) Eligible Applicants.--To be eligible to receive a grant under
this section, an entity shall be one of the following:
(1) A State or local government that has an approved
comprehensive housing affordability strategy under section 105
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(2) A State or local government that has produced a
comprehensive plan or strategy to address lead poisoning.
(3) A nonprofit organization that meets the following
requirements:
(A) The nonprofit organization is a community-based
social and human service organization that provides
housing services.
(B) The nonprofit organization has a demonstrated
ability to provide, directly or through a subgrantee,
lead hazard control interventions.
(c) Applications.--To seek a grant under this section, an eligible
entity shall submit an application in such form and manner as the
Secretary shall require. Any such application shall contain--
(1) a description of the amount of assistance the eligible
entity seeks under this section;
(2) a description of the planned activities to be
undertaken with the grant, including an estimate of the amount
of funds to be allocated to each activity;
(3) a description of the forms of financial assistance that
will be provided to owners and occupants of pre-1978 housing
through the grant;
(4) a demonstration that the jurisdiction, as required by
section 5--
(A) has in effect a blood lead reference level at
or below the blood lead reference level of the Centers
for Disease Control and Prevention; and
(B) requires an environmental investigation to
identify environmental sources of lead exposure in
residential properties and childcare facilities
occupied by a child with an elevated blood lead level;
and
(5) such assurances as the Secretary may require regarding
the eligible entity's capacity to carry out the activities to
be funded through the grant.
(d) Selection Criteria.--The Secretary shall select grant
recipients under this section on the basis of--
(1) the merit of the activities proposed to be carried out;
and
(2) selection criteria including--
(A) the extent to which the proposed activities
will reduce the risk of lead poisoning for--
(i) low-income children under 6 years of
age; and
(ii) pregnant women;
(B) the proportion of pre-1978 housing in the area
to be served using the grant;
(C) the number and percentage of homes in the area
to be served using the grant where household income
does not exceed 80 percent of the area median income;
(D) the degree of severity, and the extent of,
lead-based paint hazards, lead in drinking water
hazards, and lead in soil hazards in the area to be
served, evaluated using data concerning the housing age
and conditions, lead service line inventory, and
incidence of elevated blood lead levels according to
the reference blood lead level of the Centers for
Disease Control and Prevention;
(E) the ability of the applicant to leverage State,
local, philanthropic, and private funds to supplement
the grant; and
(F) such other factors as the Secretary determines
appropriate to ensure that grants made available
awarded under this section are used effectively in
accordance with this section.
(e) Eligible Activities.--As a condition on receipt of a grant
under this section, a grantee shall agree to use the grant to evaluate
and reduce lead-based paint hazards in residential real properties
constructed before 1978, which may include--
(1) performing lead inspections and risk assessments in
pre-1978 housing;
(2) providing for the remediation, abatement, and
replacement of, or otherwise addressing, lead-based paint
hazards in pre-1978 housing in accordance with applicable State
and municipal health and housing regulations;
(3) providing for the additional cost of reducing lead-
based paint hazards in units undergoing renovation funded by
other sources;
(4) providing for the testing of drinking water, and
identifying lead service lines and leaded plumbing fixtures, to
identify lead hazards in drinking water;
(5) providing for the replacement of lead service lines, in
communities where a water utility will or is required to
replace the utility-owned portion of the lead service line;
(6) remediation of lead in soil;
(7) monitoring the blood lead levels of workers involved in
the lead-hazard reduction activities funded under this section;
(8) assisting in the temporary relocation of families
forced to vacate pre-1978 housing while lead-hazard-reduction
measures are being conducted, if;
(9) educating the public on the nature and causes of lead
poisoning and measures to reduce the exposure to lead,
including exposure due to residential lead-based paint hazards;
(10) testing soil, paint, interior surface dust, drinking
water, and the blood lead levels of children under 6 years of
age, and pregnant women, residing in pre-1978 housing after
lead-based paint hazard reduction activity has been conducted,
to assure that such activity does not cause excessive exposures
to lead;
(11) creating or expanding workforce development, training,
certification, and accreditation programs; and
(12) carrying out such activities as the Secretary
determines appropriate to promote the purpose described in
subsection (a).
(f) Forms of Assistance.--A recipient of a grant under this section
may use the grant to provide eligible activities described in
subsection (e) through a variety of funding approaches, including
subgrants, loans, equity investments, revolving loan funds, loan funds,
loan guarantees, interest write-downs, and other forms of assistance
approved by the Secretary for purposes of this section.
(g) Matching Requirement.--As a condition on receipt of a grant
under this section, a grantee shall agree to make contributions toward
the cost of activities funded through the grant for a fiscal year in an
amount that is not less than 4 percent of the total amount of the grant
for such fiscal year.
(h) Supplement Not Supplant.--As a condition on receipt of a grant
under this section, a grantee shall agree to use amounts received
through the grant to supplement and not supplant funds used by the
grantee for eligible activities described in subsection (e).
(i) Limitation on Administrative Expenses.--As a condition on
receipt of a grant under this section, a grantee shall ensure that not
more than 10 percent of the grant is used for administrative expenses.
(j) Financial Records.--As a condition on receipt of a grant under
this section, a grantee shall agree to maintain and provide the
Secretary with financial records sufficient, in the determination of
the Secretary, to ensure proper accounting and disbursing of amounts
made available to the grantee through the grant.
(k) Affordability Maintenance.--As a condition on receipt of a
grant under this section, a grantee shall agree to require the owner of
any rental property receiving assistance through the grant, for a
period of 3 years after lead remediation at the rental property
pursuant to such assistance, or throughout the term of any loan made to
the owner pursuant to the grant, whichever is longer--
(1) to maintain the affordability of rental units at the
rental property; and
(2) to continue to rent to families with one or more
children under 6 years of age or a pregnant woman.
(l) Reports.--For any fiscal year in which a grantee under this
section expends funds received through the grant, such grantee shall
submit a report to the Secretary on the use of the funds. For the
respective fiscal year, any such report shall at a minimum--
(1) specify the number and type of residential housing
units remediated of interior and exterior lead-based paint
hazards, lead dust, lead service lines, or leaded plumbing
fixtures; and
(2) include community-level elevated blood lead
surveillance data before and after such remediation, presented
at the census block or census tract level.
(m) Notice of Funding Availability.--Not later than 120 days after
the date on which funds are first appropriated to carry out this
section, the Secretary shall publish a notice of funding availability
regarding grants under this section.
(n) Relation to Other Programs.--The Secretary shall carry out the
program under this section in conjunction with other Federal
environmental lead hazard control and childhood lead-poisoning
prevention programs.
(o) Authorization of Appropriations.--
(1) In general.--To carry out this section, there is
authorized to be appropriated $12,000,000,000 for the period of
fiscal years 2020 through 2024.
(2) Funding allocation.--The Secretary may allow grantees
under this section, collectively, to allocate for each of
fiscal years 2020 through 2024, a total of up to $300,000 for
capacity building described in subsection (e)(11).
SEC. 4. BLOOD LEAD LEVEL SURVEILLANCE AND EDUCATION FUNDING.
(a) In General.--The Secretary of Health and Human Services may
award grants to States, the District of Columbia, Territories, and
local governments to--
(1) increase blood lead level screening, including
screening for elevated blood lead levels in infants, children,
and pregnant women;
(2) ensure referral for treatment of, and environmental
intervention for, infants and children with elevated blood lead
levels;
(3) conduct blood lead level surveillance;
(4) facilitate data collection and analysis to better
understand lead poisoning risk, including with respect to
health, housing, and other environmental lead exposure source
data;
(5) support data analysis for lead-poisoning prevention
resource targeting; and
(6) educate the public on the impact of lead poisoning,
including education to prevent and mitigate the impact of
childhood lead poisoning.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000,000 for the period of
fiscal years 2020 through 2024.
SEC. 5. ALIGNMENT WITH FEDERAL HEALTH AND HOUSING STANDARDS.
To be eligible to receive funding under section 3 or 4 of this Act,
under any program of the Office of Lead Hazard Control and Healthy
Homes of the Department of Housing and Urban Development, or under the
Childhood Lead Poisoning Prevention Program of the Centers for Disease
Control and Prevention, a State or local government (or any subdivision
thereof) shall--
(1) have in effect a blood lead reference level at or below
the blood lead reference level of the Centers for Disease
Control and Prevention; and
(2) require an environmental investigation, in accordance
with the 2012 edition of the Department of Housing and Urban
Development's ``Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing'', to identify
environmental sources of lead exposure in residential
properties and childcare facilities occupied by a child with an
elevated blood lead level.
SEC. 6. LEAD HAZARD INSPECTION, DISCLOSURE, AND REMEDIATION,
REPLACEMENT, AND REPAIR IN FEDERALLY SUPPORTED HOUSING
AND HOUSING WITH FEDERALLY RELATED MORTGAGES.
(a) In General.--The Secretary of Housing and Urban Development,
the Secretary of Agriculture, the Director of the Federal Housing
Finance Agency, and the Secretary of Veterans Affairs shall mandate
alignment with Federal laws, including those related to lead-risk
assessment and lead-hazard remediation, as a condition of eligibility
for--
(1) any Federal mortgage assistance, any direct Federal
mortgage, or any mortgage insurance or guarantee, through the
Department of Housing and Urban Development, the Department of
Agriculture, the Department of Veterans Affairs, the Federal
National Mortgage Association, the Federal Home Loan Mortgage
Corporation, or the Federal Home Loan Banks; or
(2) any federally supported housing (as such term is
defined in section 7).
(b) Standard Activities Required in Federally Assisted Housing.--
The Secretary of Housing and Urban Development, the Secretary of
Agriculture, the Director of the Federal Housing Finance Agency, and
the Secretary of Veterans Affairs shall require the following
activities, when appropriate, with respect to any federally supported
housing and any housing for which any mortgage, or mortgage assistance,
insurance, or guarantee referred to in subsection (a)(1) is provided:
(1) Lead-risk assessments including lead dust wipe testing,
carried out by professionals with Environmental Protection
Agency-required training and certification.
(2) Drinking water testing and identification of lead
service line and leaded plumbing fixtures.
(3) Testing of soil for lead hazards.
(4) Lead remediation or abatement, lead-based paint hazards
in accordance with State or municipal health and housing
regulations.
(5) Replacement of leaded plumbing and lead service line
replacement in communities where water utility will or is
required to replace the utility-owned portion.
(6) Remediation of lead hazards in soil.
(7) Disclosure of identified lead hazards to relevant
parties including tenants, buyers, sellers, investors, Federal,
State, and local housing and health officials as required by
law or regulation, and other required parties.
(8) Temporary relocation of families while lead hazard
reduction measures are being conducted.
(9) Other activities that the agency heads specified in
subsection (a) determine appropriate to promote the purposes of
this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Abatement.--The term ``abatement'' means the complete
and permanent elimination of lead hazards.
(2) Blood lead reference level.--The term ``blood lead
reference level'' means the minimum concentration of lead in an
individual's blood, at or above which the jurisdiction or the
Centers for Disease Control and Prevention, as applicable,
recommends public health actions be taken.
(3) Federally supported housing.--The term ``federally
supported housing'' means housing for which assistance is
provided by the Federal Government under--
(A) section 221(d)(3) or 236 of the National
Housing Act (12 U.S.C. 1715l(d)(3); 1715z-1);
(B) section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
(C) section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f); or
(D) sections 502(a), 504, 514, 515, 516, or 533 of
the Housing Act of 1949 (42 U.S.C. 1472(a), 1474, 1484,
1485, 1486, 1490m).
(4) Lead-based paint.--The term ``lead-based paint'' means
paint or other surface coatings that contain lead in excess of
limits established under section 302(c) of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4822(c)).
(5) Lead-based paint hazard.--The term ``lead-based paint
hazard'' means any condition that causes exposure to lead from
lead-contaminated dust, lead-contaminated soil, lead-
contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces, or impact surfaces that
would result in adverse human health effects as established by
the appropriate Federal agency.
(6) Lead-contaminated dust.--The term ``lead-contaminated
dust'' means surface dust in residential dwellings that
contains an area or mass concentration of lead in excess of
levels determined by the appropriate Federal agency to pose a
threat of adverse health effects in pregnant women or young
children.
(7) Lead dust wipe testing.--The term ``lead dust wipe
testing'' means the process of verifying that the
concentrations of lead dust present on household interior
surfaces are lower than allowable standards.
(8) Lead service line.--The term ``lead service line''
means a pipe that connects the water main to the building inlet
and contains lead.
(9) Loan guarantee.--The term ``loan guarantee'' means a
formal agreement that 1 party will assume the debt obligation
of a borrower if they are no longer able to pay the principal
or interest of a loan.
(10) Remediation.--The term ``remediation'' means an action
taken to eliminate lead hazards in a nonpermanent way.
(11) Residential dwelling.--The term ``residential
dwelling'' means--
(A) a single-family dwelling, including attached
structures such as porches and stoops; or
(B) a single-family dwelling unit in a structure
that contains more than 1 separate residential dwelling
unit, and in which each such unit is used or occupied,
or intended to be used or occupied, in whole or in
part, as the home or residence of one or more persons.
(12) Residential real property.--The term ``residential
real property'' means real property on which there is situated
one or more residential dwellings used or occupied, or intended
to be used or occupied, in whole or in part, as the home or
residence of one or more persons.
(13) Revolving loan fund.--The term ``revolving loan fund''
means a self-replenishing financing mechanism that utilizes
debt payments as capital to issue new loans.
(14) Risk assessment.--The term ``risk assessment'' means
an on-site investigation to determine and report the existence,
nature, severity, and location of lead-based paint hazards in
the residential dwellings, including--
(A) information gathering regarding the age and
history of the housing and occupancy by children under
age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental
sampling techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of
the investigation.
<all>
Lead-Free Future Act of 2019
#4416 | HR Congress #116
Policy Area: Housing and Community Development
Subjects: Blood and blood diseasesBuilding constructionBusiness recordsChild care and developmentChild healthEmployment and training programsEnvironmental assessment, monitoring, researchEnvironmental educationEnvironmental healthGovernment lending and loan guaranteesHazardous wastes and toxic substancesHealth information and medical recordsHousing and community development fundingHousing finance and home ownershipHousing industry and standardsLandlord and tenantLow- and moderate-income housingMedical tests and diagnostic methodsPublic housing
Last Action: Referred to the Subcommittee on Economic Opportunity. (10/2/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text