[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9837 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9837
To eliminate lead-based pipe and tap hazards in housing, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Ms. Brown (for herself and Ms. Tlaib) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Financial Services, and Ways and Means,
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 eliminate lead-based pipe and tap hazards in housing, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grants for
Eliminating the Toxic Hazard of Environmental Lead in Our Towns Act of
2026'' or the ``GET THE LEAD OUT Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--LEAD-BASED PIPE HAZARD REDUCTION
Sec. 101. Grants for lead-based pipe hazard reduction in housing.
Sec. 102. Evaluation and reduction of lead-based pipe hazards in
federally assisted housing.
Sec. 103. Comprehensive housing affordability strategies.
Sec. 104. Task force on lead-based pipe hazard reduction and financing.
Sec. 105. National consultation on lead-based pipe hazard reduction.
Sec. 106. Guidelines for lead-based pipe hazard evaluation and
reduction activities.
Sec. 107. Disclosure of information concerning lead upon transfer of
residential property.
TITLE II--LEAD EXPOSURE REDUCTION
Sec. 201. Lead-based pipe activities training and certification.
Sec. 202. Identification of dangerous levels of lead.
Sec. 203. Authorized State programs.
Sec. 204. Lead abatement and measurement.
Sec. 205. Lead hazard information pamphlet.
Sec. 206. Regulations.
Sec. 207. Control of lead-based pipe hazards at Federal facilities.
Sec. 208. Prohibited Acts.
Sec. 209. Relationship to other Federal law.
Sec. 210. General provisions relating to administrative proceedings.
TITLE III--AUTHORIZATION OF APPROPRIATIONS FOR LEAD HAZARD REDUCTION
Sec. 301. HUD grants for lead hazards reduction in housing.
Sec. 302. EPA funding for lead exposure reduction.
TITLE IV--REVENUE PROVISIONS
Sec. 401. Partnership interests transferred in connection with
performance of services.
Sec. 402. Special rules for partners providing investment management
services to partnerships.
Sec. 403. Return to pre-2018 estate and gift tax basic exclusion
amount.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) to develop a national strategy to build the
infrastructure necessary to eliminate lead-based pipe and tap
hazards in housing;
(2) to reorient the national approach to the presence of
lead-based pipe and taps in public and private homes to
implement, on a priority basis, a program to evaluate and
reduce lead-based pipe hazards in the Nation's building stock;
(3) to encourage effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based
pipe and tap hazard evaluation and reduction and by ending the
current confusion over reasonable standards of care;
(4) to ensure and implement the definitions of lead hazards
in section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-
6) and ensure that the existence of lead-based pipe and taps
hazards is taken into account in the development of Federal
Government housing policies and in the sale, rental and
renovation of homes, and apartments;
(5) to mobilize national resources expeditiously, through a
partnership among all levels of government and the private
sector, to develop the most promising, cost-effective methods
for evaluating and reducing lead-based pipe and tap hazards;
(6) to reduce the threat of childhood lead poisoning in
housing owned, assisted, or transferred by the Federal
Government; and
(7) to educate the public concerning the hazards and
sources of lead-based pipes and taps poisoning and steps to
reduce and eliminate such hazards.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Abatement.--The term ``abatement'' means any set of
measures designed to permanently eliminate lead-based pipe
hazards in accordance with standards established by appropriate
Federal agencies. Such term includes--
(A) the removal of lead-based pipes and taps;
(B) all preparation, cleanup, disposal, and post-
abatement clearance testing activities associated with
such measures; and
(C) all repair to damages post-abatement.
(2) Certified contractor.--The term ``certified
contractor'' means--
(A) a contractor, inspector, or supervisor who has
completed a training program certified by the
appropriate Federal agency and has met any other
requirements for certification or licensure established
by such agency or who has been certified by any State
through a program which has been found by such Federal
agency to be at least as rigorous as the Federal
certification program; and
(B) workers or designers who have fully met
training requirements established by the appropriate
Federal agency.
(3) Contract for the purchase and sale of residential real
property.--The term ``contract for the purchase and sale of
residential real property'' means any contract or agreement in
which one party agrees to purchase an interest in real property
on which there is situated 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.
(4) Evaluation.--The term ``evaluation'' means risk
assessment, inspection, or risk assessment and inspection.
(5) Federally assisted housing.--The term ``federally
assisted housing'' means residential dwellings receiving
project-based assistance under programs including--
(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); and
(D) sections 502(a), 504, 514, 515, 516, and 533 of
the Housing Act of 1949 (42 U.S.C. 1472(a); 1474; 1484;
1485; 1486; 1490m).
(6) Federally owned housing.--The term ``federally owned
housing'' means residential dwellings owned or managed by a
Federal agency, or for which a Federal agency is a trustee or
conservator. For the purpose of this paragraph, the term
``Federal agency'' includes the Department of Housing and Urban
Development, the Rural Housing Service of the Department of
Agriculture, the Federal Deposit Insurance Corporation, the
General Services Administration, the Department of Defense, the
Department of Veterans Affairs, the Department of the Interior,
the Department of Transportation, and any other Federal agency.
(7) Federally supported work.--The term ``federally
supported work'' means any lead hazard evaluation or reduction
activities conducted in federally owned or assisted housing or
funded in whole or in part through any financial assistance
program of the Department of Housing and Urban Development, the
Rural Housing Service of the Department of Agriculture, or the
Department of Veterans Affairs.
(8) Inspection.--The term ``inspection'' means an
investigation to determine the presence of lead-based pipe or
taps as provided in section 141.86 of the regulations of the
Environmental Protection Agency (40 C.F.R. 181.46; relating to
monitoring requirements for lead and copper in tap water) and
the provision of a report explaining the results of the
investigation.
(9) Interim controls.--The term ``interim controls'' means
a set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based pipe hazards, including
specialized cleaning, repairs, maintenance, ongoing monitoring
of lead-based pipe or potential hazards, and the establishment
and operation of management and resident education programs.
(10) Lead-based pipe.--The term ``lead-based pipe'' means
any pipe, including fittings, taps, fixtures, solder, and flux
that does not satisfy the definition of ``lead-free''
established under section 1417 of the Safe Drinking Water Act.
(11) Lead-based pipe hazards.--The term ``lead-based pipe
hazards'' means any condition that causes exposure to lead from
lead-based pipe that would result in adverse human health
effects, as established by the Environmental Protection Agency.
(12) Mortgage loan.--The term ``mortgage loan'' includes
any loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first lien on any interest in
residential real property; and
(B) either--
(i) is insured, guaranteed, made, or
assisted by the Department of Housing and Urban
Development, the Department of Veterans
Affairs, or the Rural Housing Service of the
Department of Agriculture, or by any other
agency of the Federal Government; or
(ii) is intended to be sold by each
originating mortgage institution to any
federally chartered secondary mortgage market
institution.
(13) Originating mortgage institution.--The term
``originating mortgage institution'' means a lender that
provides mortgage loans.
(14) Priority housing.--The term ``priority housing'' means
housing that qualifies as affordable housing under section 215
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12745), including housing that receives assistance under
subsection (b) or (o) of section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f).
(15) Public housing.--The term ``public housing'' has the
meaning given such term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(16) Reduction.--The term ``reduction'' means measures
designed to reduce or eliminate human exposure to lead-based
pipe hazards through methods including interim controls and
abatement.
(17) 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, 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.
(18) 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.
(19) Risk assessment.--The term ``risk assessment'' means
an on-site investigation to determine and report the existence,
nature, severity, and location of lead-based pipe hazards in
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) other activities as may be appropriate; and
(D) provision of a report explaining the results of
the investigation.
(20) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
TITLE I--LEAD-BASED PIPE HAZARD REDUCTION
SEC. 101. GRANTS FOR LEAD-BASED PIPE HAZARD REDUCTION IN HOUSING.
(a) General Authority.--The Secretary of Housing and Urban
Development is authorized to provide grants to eligible applicants to
evaluate and reduce lead-based pipes hazards in priority housing that
is not federally assisted housing, federally owned housing, or public
housing, in accordance with the provisions of this section.
(b) Eligible Applicants.--A State or unit of 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) is eligible to apply for a grant under this section.
(c) Form of Application.--To receive a grant under this section, a
State or unit of local government shall submit an application in such
form and in such manner as the Secretary shall prescribe. An
application shall contain--
(1) a copy of that portion of an applicant's comprehensive
housing affordability strategy required by section 105(b)(16)
of the Cranston-Gonzalez National Affordable Housing Act;
(2) a statement of the amount of assistance the applicant
seeks under this section;
(3) a description of the planned activities to be
undertaken with grants under this section, including an
estimate of the amount to be allocated for each activity;
(4) a description of the forms of financial assistance to
owners and occupants of priority housing that will be provided
through grants under this section; and
(5) such assurances as the Secretary may require regarding
the applicant's capacity to carry out the activities.
(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the merit of the activities proposed to be
carried out and on the basis of selection criteria, which shall
include--
(1) the extent to which the proposed activities will reduce
the risk of lead-based water poisoning to children under the
age of 6 who reside in priority housing;
(2) the degree of severity and extent of lead-based pipe
hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local,
and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed
activities; and
(5) such other factors as the Secretary determines
appropriate to ensure that grants made available under this
section are used effectively and to promote the purposes of
this Act.
(e) Eligible Activities.--A grant under this section may be used
to--
(1) perform risk assessments and inspections in priority
housing;
(2) provide for the interim control of lead-based pipe
hazards in priority housing;
(3) provide for the abatement of lead-based pipe hazards in
priority housing;
(4) provide for the additional cost of reducing lead-based
pipe hazards in units undergoing renovation funded by other
sources;
(5) ensure that risk assessments, inspections, and
abatements are carried out by certified contractors monitor the
blood-lead levels of workers involved in lead hazard reduction
activities funded under this section;
(6) assist in the temporary relocation of families forced
to vacate priority housing while lead-based pipe hazard
reduction measures are being conducted;
(7) educate the public on the nature and causes of lead
poisoning and measures to reduce exposure to lead, including
exposure due to residential lead-based pipe hazards;
(8) test the blood-lead levels of children under the age of
6 residing in priority housing after lead-based pipe hazard
reduction activity has been conducted, to assure that such
activity does not cause excessive exposures to lead; and
(9) carry out such other activities that the Secretary
determines appropriate to promote the purposes of this Act.
(f) Forms of Assistance.--A recipient of a grant under this section
may provide the services described in this section through a variety of
programs, including grants, loans, equity investments, revolving loan
funds, loan funds, loan guarantees, interest write-downs, and other
forms of assistance approved by the Secretary.
(g) Technical Assistance and Capacity Buildings.--
(1) In general.--The Secretary shall develop the capacity
of eligible applicants to carry out the requirements of section
105(b)(18) of the Cranston-Gonzalez National Affordable Housing
Act and to carry out activities under this section. In fiscal
years 2026 and 2027, the Secretary may make grants of up to
$200,000 for the purpose of establishing State training,
certification, or accreditation programs that meet the
requirements of section 201 of this Act (relating to lead-based
pipe activities training and certification).
(2) Set-aside.--Of the total amount approved in
appropriation Acts under section 301, there shall be set aside
to carry out this subsection $3,000,000 for each of fiscal
years 2026 through 2035.
(h) Matching Requirement.--The recipient of a grant under this
section shall make contributions toward the cost of activities that
receive assistance under this section in an amount not less than