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Code · BILL · 117th Congress · H.R. 5376 (Reported in House) — To provide for reconciliation pursuant to title II of S. Con. Res. 14. · Sec. 40102

Sec. 40102. Lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes

1,134 words·~5 min read·/bill/117/hr/5376/rh/section-40102·

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In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated— $6,430,000,000 for grants to States, units of general local government, Indian tribes or their tribally designated housing entities, and nonprofit organizations for the activities under subsection
(c)in target housing units, and common areas servicing such units, where low-income families reside or are expected to reside that is not public housing, housing assisted by project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, nor housing assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ) or section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); $500,000,000 for grants to State or local governments or nonprofit entities for the activities in subsection
(c)in target housing units, and common areas servicing such units, that are being assisted under the Weatherization Assistance Program authorized under title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6851 et seq. ) but are not public housing, housing assisted by project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, nor housing assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ) or section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); $2,000,000,000 for grants to owners of a property receiving project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including under subsection (o)(13) of such section, that meets the definition of target housing and that has not received a grant for similar purposes under this Act for the activities in subsection (c), except subsection (c)(2), in target housing units receiving such assistance and common areas servicing such units; $810,000,000 for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards, research, and evaluation related to activities under this section; and $260,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section, and the Secretary’s lead hazard reduction and related programs generally including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this Act, and other costs; the Secretary may transfer and merge amounts appropriated under this paragraph to section 40301. Amounts appropriated by this section shall remain available until September 30, 2031. Notwithstanding any inconsistent requirements, the Secretary may make income determinations of eligibility for enrollment of housing units for grants awarded under— subsection (a)(1) using criteria under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12701 et seq. ), section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6851 et seq. ), section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ), or section 2044 of title 38, United States Code, as determined appropriate by the Secretary; subsection (a)(2) using criteria under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) or title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6851 et seq. ). An owner of rental property that receives assistance under subsection (a)(3) shall give priority in renting units for which the lead-based paint has been abated pursuant to subsection (a)(3), for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of 6 years. A recipient of a grant under this section may use up to 10 percent of the grant for administrative expenses associated with the activities funded by this section. Grants awarded under this section shall be used for— abatement of lead-based paint in target housing; interim controls of lead-based paint hazards in target housing; lead-based paint inspections; lead risk assessments; lead hazard control clearance examinations; testing for housing-related health and safety hazards; mitigation of housing-related health and safety hazards, including lead faucets, fixtures, and interior lines; technical assistance; providing work practices training to local residents; outreach and engagement with community stakeholders, including stakeholders in disadvantaged communities; capacity building; program evaluation and research; environmental reviews; or activities that directly or indirectly support the work under this section, as applicable, that without which such activities could not be conducted. For purposes of environmental review pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other provisions of law that further the purposes of such Act, a grant under subsection
(a)of this section shall be considered funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 ( 42 U.S.C. 3547 ), provided that references in such section 305(c) to State or unit of general local government shall be deemed to include Indian tribes. For purposes of this section, the following definitions, and definitions in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b ), shall apply: The terms nonprofit and nonprofit organization mean a corporation, community chest, fund, or foundation not organized for profit, but organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes; or an organization not organized for profit but operated exclusively for the promotion of social welfare. The terms public housing , public housing agency , and low-income family ” have the same meaning given such terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). The terms tribally designated housing entity and Indian tribe have the same meaning given such terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). The term unit of general local government has the same meaning given such term in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). The Secretary shall have the authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.
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