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Title III — Building health­ier homes and communities

S. 2821 · 114th Congress · Apr 20, 2016 · Lineage

III Building health­ier homes and communities

A Home lead safety tax credit

Sec. 3101 Findings; purpose

(a)
Findings— Congress finds that:
(1)
Lead is a metal that can produce a wide range of health effects in humans when ingested. Children are more vulnerable to lead poisoning than adults.
(2)
Lead poisoning is a serious, entirely preventable threat to a child's intelligence, behavior, and learning. In severe cases, lead poisoning can result in death.
(3)
According to the Department of Housing and Urban Development, approximately 23 million housing units nationwide have at least one lead paint hazard.
(4)
In fiscal year 2015, funding for Federal lead abatement programs, such as the Lead Hazard Control Grant Program, only provided for lead abatement or “interim control measures” for 18,600 homes.
(5)
Childhood lead poisoning can be dramatically reduced by the abatement or complete removal of all lead-based hazards. Empirical studies also have shown substantial reductions in lead poisoning when the affected properties have undergone “interim control measures” that are less costly than abatement.
(b)
Purpose— The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead poisoning.

Sec. 3102 Home lead hazard reduction activity tax credit

(a)
In general— Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section:

“36C. Home lead hazard reduction activity

“(a) Allowance of credit

“(1) In general—Subject to paragraph (2), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit.

“(2) Election to apply costs to prior year—For purposes of this section, a taxpayer may elect to treat any lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year as having been paid or incurred during the preceding taxable year.

“(b) Limitations

“(1) In general—Subject to paragraph (3), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed—

“(A) $3,000 in the case of lead hazard reduction activity cost including lead abatement measures described in clauses (i), (ii), (iv), and (v) of subsection (c)(1)(A), or

“(B) $1,000 in the case of lead hazard reduction activity cost including interim lead control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(1)(A).

“(2) Other tax credits—In the case of any credit against State or local tax liabilities which is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to any costs paid or incurred by the taxpayer which would otherwise qualify as lead hazard reduction activity costs under this section (referred to in this paragraph as the State or local tax credit amount), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year (determined after application of paragraph (1)) shall not exceed an amount equal to the difference between—

“(A) the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for such unit, and

“(B) the State or local tax credit amount.

“(3) Limitation per residence—The cumulative amount of the credit allowed under subsection (a) for an eligible dwelling unit for all taxable years shall not exceed $4,000.

“(c) Definitions and special rules—For purposes of this section:

“(1) Lead hazard reduction activity cost

“(A) In general—The term lead hazard reduction activity cost means, with respect to any eligible dwelling unit—

“(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based hazard (as such terms are defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency),

“(ii) the cost for performing lead abatement measures by a certified lead abatement supervisor (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), including the removal of paint, dust, or pipes, the permanent enclosure or encapsulation of lead-based paint or pipes, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based hazards are present,

“(iii) the cost for performing interim lead control measures to reduce exposure or likely exposure to lead-based hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based hazards, and the establishment and operation of management and resident education programs, but only if such measures are evaluated and completed by a certified lead abatement supervisor using accepted methods, are conducted by a qualified contractor, and have an expected useful life of more than 10 years,

“(iv) the cost for a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures or interim lead control measures, and

“(v) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency).

“(B) Limitation—The term lead hazard reduction activity cost does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency.

“(2) Eligible dwelling unit

“(A) In general—The term eligible dwelling unit means, with respect to any taxable year, any dwelling unit—

“(i) placed in service before 1978,

“(ii) located in the United States, and

“(iii) the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000.

“(B) Dwelling unit—The term dwelling unit has the meaning given such term by section 280A(f)(1).

“(3) Qualified contractor—The term qualified contractor means any contractor who has successfully completed a training course on lead safe work practices which has been approved by the Department of Housing and Urban Development and the Environmental Protection Agency.

“(4) Documentation required for credit allowance—No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless, after lead hazard reduction activity is complete, a certified inspector (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency) or certified risk assessor provides written documentation to the taxpayer that includes—

“(A) evidence that—

“(i) the eligible dwelling unit meets the lead hazard reduction criteria defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, or

“(ii) the eligible dwelling unit meets lead hazard evaluation criteria established under an authorized State or local program, and

“(B) documentation showing that the lead hazard reduction activity meets the requirements of this section.

“(5) Basis reduction—The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit.

“(6) No double benefit—Any deduction allowable for costs taken into account in computing the amount of the credit for lead-based abatement shall be reduced by the amount of such credit attributable to such costs.

“(d) Inflation adjustment—In the case of any taxable year beginning in a calendar year after 2016, each of the dollar amounts in subsections (b) and (c)(2)(A)(iii) shall be increased by an amount equal to—

“(1) such dollar amount, multiplied by

“(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2015’ for ‘calendar year 1992’ in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.”

(b)
Conforming amendments—
(1)
Section 1324(b)(2) of title 31, United States Code, is amended by inserting “, 36C” after “36B”.
(2)
The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item:
(c)
Effective date— The amendments made by this section shall apply to lead hazard reduction activity costs incurred after December 31, 2015, in taxable years ending after that date.

B Amendments Act

Sec. 3201 Findings

Congress finds the following:
(1)
Poor housing conditions contribute to a wide range of health conditions, including unintentional injuries, respiratory illness, asthma, and cancer, which disproportionately impact susceptible and vulnerable populations, such as children, the poor, minorities, and people with chronic medical conditions.
(2)
Over 30 million housing units in the United States have significant physical problems or elevated levels of lead, radon, or other contaminants that place their occupants at risk for illnesses or injuries.
(3)
The societal cost of unhealthy housing in terms of lost productivity, missed school days, crime, and disability far exceed the cost of improving housing conditions.
(4)
Cost-effective solutions to residential health and safety hazards exist, including—
(A)
interventions for children and adolescents with asthma to reduce symptom days, improve quality of life, and reduce missed school days;
(B)
housing policies to reduce childhood lead exposure; and
(C)
the installation of safety devices such as smoke detectors and carbon monoxide alarms to reduce injuries and death from fires and malfunctioning equipment.
(5)
The Federal Government must continue its leadership in demonstrating and implementing projects that support the national goal of substantially reducing the number of homes in the United States with residential health and safety hazards.

Sec. 3202 Definitions

Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended—
(1)
by redesignating paragraphs (12) through (27) as paragraphs (16) through (31), respectively;
(2)
by redesignating paragraph (11) as paragraph (14);
(3)
by redesignating paragraphs (6) through (10) as paragraphs (8) through (12), respectively;
(4)
by inserting before paragraph (8), as so redesignated, the following:

“(7) Eligible applicant—The term eligible applicant means a State, a unit of general local government, an Indian tribe, or a private nonprofit organization that meets the requirements of section 1101(b).”

(5)
by inserting after paragraph (12), as so redesignated, the following:

“(13) Housing-related health hazard—The term housing-related health hazard means any condition of residential real property that poses a risk of biological, physical, radiological, or chemical exposure that can adversely affect human health.”

(6)
by inserting after paragraph (14), as so redesignated, the following:

“(15) Indian tribe—The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).”

Sec. 3203 Grant program

Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is amended—
(1)
in the section heading, by striking “Grants for lead-based paint hazard reduction in target housing” and inserting “Grants for reduction of lead-based paint hazards and correction of other housing-related hazards”;
(2)
in subsection (a)—
(A)
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (D), respectively, and adjusting the margins accordingly;
(B)
in subparagraph (A), as so redesignated—
(i)
by striking “for grants” and inserting “For grants”; and
(ii)
by striking the semicolon at the end and inserting a period;
(C)
in subparagraph (B), as so redesignated—
(i)
by striking “for grants” and inserting “For grants”; and
(ii)
by striking “; and” and inserting a period;
(D)
by inserting after subparagraph (B), as so redesignated, the following:

“(C) For grants made to carry out any of paragraphs (1) through (9) or (11) of subsection (e), the grants may not be used to assist federally assisted housing, federally owned housing, or public housing.”

(E)
in subparagraph (D), as so redesignated, by striking “notwithstanding paragraphs (1) and (2)” and inserting “Notwithstanding subparagraphs (A) and (B)”;
(F)
in the matter preceding subparagraph (A), as so redesignated, by striking “The Secretary” and all that follows through “criteria—” and inserting the following:

“(1) Authorization—The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards and to identify and correct other housing-related health hazards in accordance with the provisions of this section.

“(2) Criteria—The Secretary may make a grant under this section only to provide housing that meets the following criteria:”

(G)
by adding at the end the following:

“(3) Income verification—For the purpose of verifying the income level of a family under subparagraphs (A) and (B), the Secretary may establish a process by which a grantee may first obtain and use income and program participation information from an entity administering—

“(A) the HOME Investment Partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);

“(B) the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);

“(C) reduced price or free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

“(D) the weatherization assistance program for low-income persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.);

“(E) the temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

“(F) the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); or

“(G) any other program that the Secretary determines is consistent with the family income requirements of this section.”

(3)
by striking subsection (b) and inserting the following:

“(b) Eligible applicants—A State or unit of general local government, as defined under section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704), that has an approved comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705), an Indian tribe, or a private nonprofit organization is eligible to apply for a grant to carry out activities under subsection (e).”

(4)
in subsection (c), in the matter preceding paragraph (1), by striking “a State or unit of local government” and inserting “an eligible applicant”;
(5)
in subsection (d)—
(A)
in paragraph (1)—
(i)
by inserting “in the case of a grant to carry out activities relating to lead-based paint hazards,” before “the extent”; and
(ii)
by striking “housing” and inserting “target housing or 0-bedroom dwellings constructed before 1978”;
(B)
in paragraph (2), by inserting “or other housing-related health hazards” after “lead-based paint hazards”;
(C)
by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
(D)
by inserting after paragraph (1) the following:

“(2) in the case of a grant to carry out activities relating to housing-related hazards, the extent to which the proposed activities will correct housing-related health hazards;”

(6)
in subsection (e)—
(A)
in paragraph (5), by inserting “renovations, remodeling,” after “inspections,”;
(B)
in paragraph (9)—
(i)
by inserting “before and” after “housing”; and
(ii)
by striking “and” at the end;
(C)
by redesignating paragraph (10) as paragraph (11); and
(D)
by inserting after paragraph (9) the following:

“(10) provide for the assessment and correction of housing-related health hazards and the evaluation of the effectiveness of the assessment and correction; and”

(7)
in subsection (l)(4), by inserting “and other housing-related health hazards have been corrected” after “abated”; and
(8)
in subsection (n), by inserting “or Indian tribe” after “State” each place that term appears.

Sec. 3204 Authorization of appropriations

Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is amended by striking subsection (p) and inserting the following:

“(p) Allocation of amounts appropriated for housing-Related health hazards

“(1) In general—Except as provided in paragraph (2), not more than 25 percent of the amounts made available under subsection (q) for a fiscal year shall be available for grants to carry out activities under subsection (e)(10).

“(2) Exception—If an amount that is not more than $120,000,000 is appropriated for a fiscal year, not more than $30,000,000 of that amount shall be available for grants to carry out activities under subsection (e)(10) for that fiscal year.

“(q) Authorization of appropriations—For purposes of carrying out this subtitle, there are authorized to be appropriated $250,000,000 for each of fiscal years 2017 through 2021.”

C Healthy Housing Council

Sec. 3301 Findings

Congress finds the following:
(1)
In the United States—
(A)
5,757,000 households live in homes with moderate or severe physical hazards;
(B)
23,000,000 homes have significant lead-based paint hazards;
(C)
6,000,000 homes have had signs of mice in the last 3 months; and
(D)
1 in 15 homes have dangerous levels of radon.
(2)
Residents of housing that is poorly designed, constructed, or maintained are at risk for cancer, carbon monoxide poisoning, burns, falls, rodent bites, childhood lead poisoning, asthma, and other illnesses and injuries. Vulnerable subpopulations, such as children and the elderly, are at elevated risk for housing-related illnesses and injuries.
(3)
Because substandard housing typically poses the greatest risks, the disparities in the distribution of housing-related health hazards are striking. One million two hundred thousand housing units with significant lead-based paint hazards house low-income families with children under 6 years of age.
(4)
Housing-related illnesses, including asthma and lead poisoning, disproportionately affect children from lower-income families and from specific racial and ethnic groups. The prevalence of being diagnosed with asthma in a lifetime is 24 percent among Puerto Rican children, 10.1 percent for Mexican-American children, 12.4 percent for non-Hispanic White children, and 21.8 percent for non-Hispanic Black children. Black children are twice as likely to die from residential injuries as White children, and 3 percent of Black children and 2 percent of Mexican-American children have elevated blood lead levels, as compared to only 1.3 percent of White children.
(5)
The annual costs for environmentally attributable childhood diseases in the United States, including lead poisoning, asthma, and cancer, total $76,000,000,000 in 2008 dollars. This amount is approximately 3.5 percent of total health care costs.
(6)
Appropriate housing design, construction, and maintenance, timely correction of deficiencies, planning efforts, and low-cost preventive measures can reduce the incidence of serious injury or death, improve the ability of residents to survive in the event of a major catastrophe, and contribute to overall well-being and mental health. Lead hazard control in homes with lead-based paint hazards can reduce children's blood lead levels by as much as 34 percent. Properly installed and maintained smoke alarms reduce the risk of fire deaths by 50 percent.
(7)
Providing healthy housing to families and individuals in the United States will help prevent an estimated 250,000 children from having elevated blood lead levels, 18,000 injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in house fires, 9,600 emergency department visits for carbon monoxide exposure, and 21,000 radon-associated lung cancer deaths that occur in United States housing each year, as well as 12,300,000 asthma attacks, and 14,000,000 missed school days.
(8)
While there are many programs in place to address housing-related health hazards, these programs are fragmented and spread across many agencies, making it difficult for at-risk families and individuals to access assistance or to receive comprehensive information.
(9)
Better coordination among Federal agencies is needed, as is better coordination at State and local levels, to ensure that families and individuals can access government programs and services in an effective and efficient manner.

Sec. 3302 Definitions

In this subtitle, the following definitions shall apply:
(1)
Council— The term Council means the Interagency Council on Healthy Housing established under section 3303.
(2)
Healthy housing— The term healthy housing means housing that is designed, constructed, rehabilitated, and maintained in a manner that supports the health of the occupants of such housing.
(3)
Housing— The term housing means any form of residence, including rental housing, homeownership, group home, or supportive housing arrangement.
(4)
Housing-related health hazard— The term housing-related health hazard means any biological, physical, or chemical source of exposure or condition either in, or immediately adjacent to, housing, that can adversely affect human health.
(5)
Low-income families and individuals— The term low-income families and individuals means any household or individual with an income at or below 200 percent of the Federal poverty line.
(6)
Poverty line— The term poverty line means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census.
(7)
Program— The term program includes any Federal, State, or local program providing housing or financial assistance, health care, mortgages, bond and tax financing, homebuyer support courses, financial education, mortgage insurance or loan guarantees, housing counseling, supportive services, energy assistance, or other assistance related to healthy housing.
(8)
Service— The term service includes public and environmental health services, housing services, energy efficiency services, human services, and any other services needed to ensure that families and individuals in the United States have access to healthy housing.

Sec. 3303 Interagency council on healthy housing

(a)
Establishment— There is established in the executive branch an independent council to be known as the “Interagency Council on Healthy Housing”.
(b)
Objectives— The objectives of the Council are as follows:
(1)
To promote the supply of and demand for healthy housing in the United States through capacity building, technical assistance, education, and public policy.
(2)
To promote coordination and collaboration among the Federal departments and agencies involved with housing, public health, energy efficiency, emergency preparedness and response, and the environment to improve services for families and individuals residing in inadequate or unsafe housing and to make recommendations about needed changes in programs and services with an emphasis on—
(A)
maximizing the impact of existing programs and services by transitioning the focus of such programs and services from categorical approaches to comprehensive approaches that consider and address multiple housing-related health hazards;
(B)
reducing or eliminating areas of overlap and duplication in the provision and accessibility of such programs and services;
(C)
ensuring that resources, including assistance with capacity building, are targeted to and sufficient to meet the needs of high-risk communities, families, and individuals; and
(D)
facilitating access by families and individuals to programs and services that help reduce health hazards in housing.
(3)
To identify knowledge gaps, research needs, and policy and program deficiencies associated with inadequate housing conditions and housing-related illnesses and injuries.
(4)
To help identify best practices for achieving and sustaining healthy housing.
(5)
To help improve the quality of existing and newly constructed housing and related programs and services, including those programs and services which serve low-income families and individuals.
(6)
To establish an ongoing system of coordination among and within such agencies or organizations so that the healthy housing needs of families and individuals are met in a more effective and efficient manner.
(c)
Membership— The Council shall be composed of the following members:
(1)
The Secretary of Health and Human Services.
(2)
The Secretary of Housing and Urban Development.
(3)
The Administrator of the Environmental Protection Agency.
(4)
The Secretary of Energy.
(5)
The Secretary of Labor.
(6)
The Secretary of Veterans Affairs.
(7)
The Secretary of the Treasury.
(8)
The Secretary of Agriculture.
(9)
The Secretary of Education.
(10)
The head of any other Federal agency as the Council considers appropriate.
(11)
Six additional non-Federal employee members, as appointed by the President to serve terms not to exceed 2 years, of whom—
(A)
1 shall be a State or local government Director of Health or the Environment;
(B)
1 shall be a State or local government Director of Housing or Community Development;
(C)
2 shall represent nonprofit organizations involved in housing or health issues; and
(D)
2 shall represent for-profit entities involved in the housing, banking, or health insurance industries.
(d)
Co-Chairpersons— The co-Chairpersons of the Council shall be the Secretary of Housing and Urban Development and the Secretary of Health and Human Services.
(e)
Vice chair— Every 2 years, the Council shall elect a Vice Chair from among its members.
(f)
Meetings— The Council shall meet at the call of either co-Chairperson or a majority of its members at any time, and no less often than annually.

Sec. 3304 Functions of the council

(a)
Relevant activities— In carrying out the objectives described in section 3303(b), the Council shall—
(1)
review Federal programs and services that provide housing, health, energy, or environmental services to families and individuals;
(2)
monitor, evaluate, and recommend improvements in programs and services administered, funded, or financed by Federal, State, and local agencies to assist families and individuals in accessing healthy housing and make recommendations about how such agencies can better work to meet the healthy housing and related needs of low-income families and individuals; and
(3)
recommend ways to—
(A)
reduce duplication among programs and services by Federal agencies that assist families and individuals in meeting their healthy housing and related service needs;
(B)
ensure collaboration among and within agencies in the provision and availability of programs and services so that families and individuals are able to easily access needed programs and services;
(C)
work with States and local governments to better meet the needs of families and individuals for healthy housing by—
(i)
holding meetings with State and local representatives; and
(ii)
providing ongoing technical assistance and training to States and localities in better meeting the housing-related needs of such families and individuals;
(D)
identify best practices for programs and services that assist families and individuals in accessing healthy housing, including model—
(i)
programs linking housing, health, environmental, human, and energy services;
(ii)
housing and remodeling financing products offered by government, quasi-government, and private sector entities;
(iii)
housing and building codes and regulatory practices;
(iv)
existing and new consensus specifications and work practices documents;
(v)
capacity building and training programs that help increase and diversify the supply of practitioners who perform assessments of housing-related health hazards and interventions to address housing-related health hazards; and
(vi)
programs that increase community awareness of, and education on, housing-related health hazards and available assessments and interventions;
(E)
develop a comprehensive healthy housing research agenda that considers health, safety, environmental, and energy factors, to—
(i)
identify cost-effective assessments and treatment protocols for housing-related health hazards in existing housing;
(ii)
establish links between housing hazards and health outcomes;
(iii)
track housing-related health problems including injuries, illnesses, and death;
(iv)
track housing conditions that may be associated with health problems;
(v)
identify cost-effective protocols for construction of new healthy housing; and
(vi)
identify replicable and effective programs or strategies for addressing housing-related health hazards;
(4)
hold biannual meetings with stakeholders and other interested parties in a location convenient for such stakeholders, or hold open Council meetings, to receive input and ideas about how to best meet the healthy housing needs of families and individuals;
(5)
maintain an updated website of policies, meetings, best practices, programs and services, making use of existing websites as appropriate, to keep people informed of the activities of the Council; and
(6)
work with member agencies to collect and maintain data on housing-related health hazards, illnesses, and injuries so that all data can be accessed in one place and to identify and address unmet data needs.
(b)
Reports—
(1)
By members— Each year the head of each agency who is a member of the Council shall prepare and transmit to the Council a report that briefly summarizes—
(A)
each healthy housing-related program and service administered by the agency and the number of families and individuals served by each program or service, the resources available in each program or service, and a breakdown of where each program and service can be accessed;
(B)
the barriers and impediments, including statutory or regulatory, to the access and use of such programs and services by families and individuals, with particular attention to the barriers and impediments experienced by low-income families and individuals;
(C)
the efforts made by the agency to increase opportunities for families and individuals, including low-income families and individuals, to reside in healthy housing, including how the agency is working with other agencies to better coordinate programs and services; and
(D)
any new data collected by the agency relating to the healthy housing needs of families and individuals.
(2)
By the council— Each year, the Council shall prepare and transmit to the President and Congress a report that—
(A)
summarizes the reports required under paragraph (1);
(B)
utilizes recent data to assess the nature of housing-related health hazards, and associated illnesses and injuries, in the United States;
(C)
provides a comprehensive and detailed description of the programs and services of the Federal Government in meeting the needs and problems described in subparagraph (B);
(D)
describes the activities and accomplishments of the Council in working with Federal, State, and local governments, nonprofit organizations and for-profit entities in coordinating programs and services to meet the needs described in subparagraph (B) and the resources available to meet those needs;
(E)
assesses the level of Federal assistance required to meet the needs described in subparagraph (B); and
(F)
makes recommendations for appropriate legislative and administrative actions to meet the needs described in subparagraph (B) and for coordinating programs and services designed to meet those needs.

Sec. 3305 Powers of the council

(a)
Hearings— The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the purposes of this subtitle.
(b)
Information from agencies— Agencies which are represented on the Council shall provide all requested information and data to the Council as requested.
(c)
Postal services— The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(d)
Contracts and interagency agreements— The Council may enter into contracts with State, tribal, and local governments, public agencies and private-sector entities, and into interagency agreements with Federal agencies. Such contracts and interagency agreements may be single-year or multi-year in duration.

Sec. 3306 Council personnel matters

(a)
Staff—
(1)
Executive Director— The Council shall appoint an Executive Director at its initial meeting. The Executive Director shall be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
(2)
Compensation— With the approval of the Council, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Council, except that the rate of pay for any such additional personnel may not exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.
(b)
Temporary and intermittent services— In carrying out its objectives, the Executive Director with the approval of the Council, may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.
(c)
Detail of Government employees— Upon request of the Council, any Federal Government employee may be detailed to the Council with reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(d)
Administrative support— The Secretary of Housing and Urban Development shall provide the Council with such administrative (including office space) and support services as are necessary to ensure that the Council can carry out its functions in an efficient and expeditious manner.

Sec. 3307 Authorization of appropriations

(a)
In general— There are authorized to be appropriated to carry out this subtitle $750,000 for each of fiscal years 2017 through 2021.
(b)
Availability— Amounts authorized to be appropriated by subsection (a) shall remain available for the 2 fiscal years following such appropriation.

D Lead-Safe housing for kids

Sec. 3401 Definitions

In this subtitle—
(1)
the term Department means the Department of Housing and Urban Development;
(2)
the term housing receiving Federal assistance—
(A)
means housing that—
(i)
except as provided in subparagraph (B), is covered by an application for mortgage insurance from the Department;
(ii)
receives housing assistance payments under a program administered by the Department; or
(iii)
otherwise receives more than $5,000 in project-based assistance under a Federal housing program administered by a Federal agency other than the Department; and
(B)
does not include—
(i)
single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or
(ii)
multi-family housing that—
(I)
is covered by an application for mortgage insurance from the Federal Housing Administration; and
(II)
does not receive any other Federal housing assistance.
(3)
the term public housing agency means an agency described in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)); and
(4)
the term Secretary means the Secretary of Housing and Urban Development.

Sec. 3402 Updates to lead-contaminated dust and lead-contaminated soil standards

(a)
EPA regulations— Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Director of the Centers for Disease Control and Prevention, shall promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 745 of title 40, Code of Federal Regulations, in accordance with health-based standards.
(b)
HUD regulations— The Secretary shall promptly promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 35 of title 24, Code of Federal Regulations, in accordance with the regulations promulgated by the Administrator of the Environmental Protection Agency under subsection (a).

Sec. 3403 Amendments to Residential Lead-Based Paint Hazard Reduction Act of 1992

(a)
In general— Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b), as amended by section 3202, is amended—
(1)
by inserting after paragraph (5) the following:

“(6) Elevated blood lead level—The term elevated blood lead level means the lower of—

“(A) 5 µg/dL (micrograms of lead per deciliter); or

“(B) the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 years set by the Centers for Disease Control and Prevention.”

(2)
in paragraph (31), as so redesignated, by striking “or any 0-bedroom dwelling”.
(b)
Relation to other authorities— Nothing in this subtitle or the amendments made by this subtitle shall be construed to affect the authority of the Environmental Protection Agency under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683).
(c)
Regulations— Not later than 120 days after the date of enactment of this Act, the Secretary shall amend the regulations of the Department to comply with the amendments made by subsection (a).

Sec. 3404 Amendments to the Lead-Based Paint Poisoning Prevention Act

Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended by adding at the end the following:

“(5) Additional procedures for families with children under the age of 6

“(A) Definition—In this paragraph, the term covered housing—

“(i) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and

“(ii) does not include—

“(I) single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or

“(II) multi-family housing that—

“(aa) is covered by an application for mortgage insurance from the Federal Housing Administration; and

“(bb) does not receive any other Federal housing assistance.

“(B) Risk assessment

“(i) Regulations—Not later than 120 days after the date of enactment of this paragraph, the Secretary shall promulgate regulations that—

“(I) require an initial risk assessment for all covered housing in which a family with a child of less than 6 years of age will reside or be expected to reside for lead-based paint hazards prior to occupancy by the family; and

“(II) provide that a visual assessment is not sufficient for purposes of complying with subclause (I).

“(ii) Exception—The regulations promulgated under clause (i) shall provide an exception to the requirement under subclause (I) of such clause for covered housing—

“(I) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2684), as applicable; or

“(II) in accordance with any other standard or exception the Secretary deems appropriate.

“(C) Relocation—Not later than 120 days after the date of enactment of this paragraph, the Secretary 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 may relocate on an emergency basis, and without placement on any waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards if—

“(i) lead-based paint hazards were identified in the dwelling unit; or

“(ii)

“(I) lead-based hazards were identified in the dwelling unit; and

“(II) the blood lead level for the child is an elevated blood lead level, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b).”

Sec. 3405 GAO reports on lead hazards in federally assisted housing

(a)
Initial report— Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress an initial report on lead hazards in housing receiving Federal assistance, which shall analyze the implications of—
(1)
changing Department regulations to align with the Centers for Disease Control and Prevention guidance; and
(2)
requiring a risk assessment (beyond a visual assessment) for initial and periodic inspections for lead-based paint hazards for all housing receiving Federal assistance, and the impact it would have on landlord participation and the stock of affordable housing.
(b)
Subsequent report— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on lead hazards in housing receiving Federal assistance, which shall—
(1)
analyze whether existing Federal programs and Federal funding for lead hazard control activities in housing receiving Federal assistance meet the current and evolving needs, and if not, the merits of identifying and providing dedicated funds within new or existing Federal programs to conduct lead hazard control activities;
(2)
evaluate the financial and social cost of lead-based paint hazard prevention and lead hazard control activities, and provide recommendations on how to improve coordination and leveraging of public and private funds, including private investments and tax incentives, to reduce the cost associated with the identification and remediation of lead hazards and expedite home remediation;
(3)
identify existing partnerships with public housing agencies and public health agencies in addressing lead-based paint hazards, what gaps exist in compliance and enforcement, and whether the partnerships can be replicated and enhanced with dedicated funding and better data collection and dissemination among stakeholders; and
(4)
examine the appropriateness and efficacy of existing Department protocols on reducing or abating lead-based paint hazards and whether they are aligned with specific environmental health scenarios to ensure the best and appropriate health outcomes and reduce further exposure.

Sec. 3406 Authorization of appropriations

There is authorized to be appropriated to carry out this subtitle and the amendments made by this subtitle such sums as may be necessary for each of fiscal years 2017 through 2021.