Residential Lead-Based Paint Hazard Reduction Act of 1992--Title X
Public Law 102-550
102nd Congress -- 2nd Session
[H.R. 5334]
102 P.L. 550; 106 Stat. 3672
1992 Enacted H.R. 5334; 102 Enacted H.R. 5334
DATE: OCT. 28, 1992 -- PUBLIC LAW 102-550
SEC. 1001. SHORT TITLE.
This title may be cited as the "Residential Lead-Based Paint
Hazard Reduction Act of 1992".
SEC. 1002. FINDINGS.
The Congress finds that --
(1) low-level lead poisoning is widespread among American
children, afflicting as many as 3,000,000 children under age 6,
with minority and low-income communities disproportionately
affected;
(2) at low levels, lead poisoning in children causes
intelligence quotient deficiencies, reading and learning
disabilities, impaired hearing, reduced attention span,
hyperactivity, and behavior problems;
(3) pre-1980 American housing stock contains more than
3,000,000 tons of lead in the form of lead-based paint, with the
vast majority of homes built before 1950 containing substantial
amounts of lead-based paint;
(4) the ingestion of household dust containing lead from
deteriorating or abraded lead-based paint is the most common
cause of lead poisoning in children; (5) the health and
development of children living in as many as 3,800,000 American
homes is endangered by chipping or peeling lead paint, or
excessive amounts of lead-contaminated dust in their homes;
(6) the danger posed by lead-based paint hazards can be
reduced by abating lead-based paint or by taking interim measures
to prevent paint deterioration and limit children's exposure to
lead dust and chips;
(7) despite the enactment of laws in the early 1970's
requiring the Federal Government to eliminate as far as
practicable lead-based paint hazards in federally owned,
assisted, and insured housing, the Federal response to this
national crisis remains severely limited; and
(8) the Federal Government must take a leadership role in
building the infrastructure -- including an informed public,
State and local delivery systems, certified inspectors,
contractors, and laboratories, trained workers, and available
financing and insurance -- necessary to ensure that the national
goal of eliminating lead-based paint hazards in housing can be
achieved as expeditiously as possible.
SEC. 1003. PURPOSES.
The purposes of this Act are --
(1) to develop a national strategy to build the
infrastructure necessary to eliminate lead-based paint hazards in
all housing as expeditiously as possible;
(2) to reorient the national approach to the presence of
lead- based paint in housing to implement, on a priority basis, a
broad program to evaluate and reduce lead-based paint hazards in
the Nation's housing stock;
(3) to encourage effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based
paint hazard evaluation and reduction and by ending the current
confusion over reasonable standards of care; (4) to ensure
that the existence of lead-based paint hazards is taken into
account in the development of 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 paint 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 paint poisoning and steps to reduce and eliminate
such hazards.
SEC. 1004. DEFINITIONS.
For the 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 paint
hazards in accordance with standards established by appropriate
Federal agencies. Such term includes --
(A) the removal of lead-based paint and
lead-contaminated dust, the permanent containment or
encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of
lead contaminated soil; and
(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities associated with such
measures.
(2) Accessible surface. The term "accessible surface" means
an interior or exterior surface painted with lead-based paint
that is accessible for a young child to mouth or chew.
(3) 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.
(4) 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 1 or more residential dwellings used
or occupied, or intended to be used or occupied, or intended to
be used or occupied, in whole or in part, as the home or
residence of 1 or more persons.
(5) Deteriorated paint. The term "deteriorated paint" means
any interior or exterior paint that is peeling, chipping,
chalking or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) Evaluation. The term "evaluation" means a risk
assessment, inspection, or risk assessment and inspection.
(7) 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;
(B) section 1 of the Housing and Urban Development Act
of 1965;
(C) section 8 of the United States Housing Act of 1937;
or
(D) sections 502(a), 504, 514, 515, 516 and 533 of the
Housing Act of 1949.
(8) 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 Farmers Home Administration, the Resolution Trust
Corporation, 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.
(9) 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 Farmers Home
Administration, or the Department of Veterans Affairs.
(10) Friction surface. The term "friction surface" means an
interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
(11) Impact surface. The term "impact surface" means an
interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parts of door frames.
(12) Inspection. The term "inspection" means a surface-by-
surface investigation to determine the presence of lead-based
paint as provided in section 302(c) of the Lead-Based Paint
Poisoning Prevention Act and the provision of a report explaining
the results of the investigation.
(13) Interim controls. The term "interim controls" means a
set of measures designed to reduce temporarily human exposure or
likely exposure to lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary
containment, ongoing monitoring of lead-based paint hazards or
potential hazards, and the establishment and operation of
management and resident education programs.
(14) 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.
(15) 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.
(16) 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.
(17) Lead-contaminated soil. The term "lead-contaminated
soil" means bare soil on residential real property that contains
lead at or in excess of the levels determined to be hazardous to
human health by the appropriate Federal agency.
(18) 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 Farmers Home Administration, 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.
(19) Originating mortgage institution. The term "originating
mortgage institution" means a lender that provides mortgage
loans.
(20) Priority housing. The term "priority housing" means
target housing that qualifies as affordable housing under section
215 of the Cranston-Gonzalez National Affordable Housing Act 942
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(b) or (o)).
(21) Public housing. The term "public housing" has the same
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(1)).
(22) Reduction. The term "reduction" means measures designed
to reduce or eliminate human exposure to lead-based paint hazards
through methods including interim controls and abatement.
(23) 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 1
or more persons.
(24) Residential real property. The term "residential real
property" means real property on which there is situated 1 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 1 or more persons.
(25) 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.
(26) Secretary. The term "Secretary" means the Secretary of
Housing and Urban Development.
(27) Target housing. The term "target housing" means any
housing constructed prior to 1978, except housing for the elderly
or persons with disabilities (unless any child who is less than 6
years of age resides or is expected to reside in such housing for
the elderly or persons with disabilities) or any 0-bedroom
dwelling. In the case of jurisdictions which banned the sale or
use of lead-based paint prior to 1978, the Secretary, at the
Secretary's discretion, may designate an earlier date.
SUBTITLE A -- LEAD-BASED PAINT HAZARD REDUCTION
SEC. 1011. GRANTS FOR LEAD-BASED PAINT HAZARD REDUCTION IN TARGET
HOUSING.
(a) General Authority. The Secretary is authorized to provide
grants to eligible applicants to evaluate and reduce lead-based
paint 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 Applications. 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 (42 U.S.C.
12701 et seq.);
(2) a description 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 to 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 paint poisoning to children under the age
of 6 who reside in priority housing;
(2) the degree of severity and extent of lead-based paint
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 paint
hazards in priority housing;
(3) provide for the abatement of lead-based paint hazards in
priority housing;
(4) provide for the additional cost of reducing lead-based
paint hazards in units undergoing renovation funded by other
sources;
(5) ensure that risk assessments, inspections, and
abatements are carried out by certified contractors in accordance
with section 402 of the Toxic Substances Control Act, as added by
section 1021 of this Act;
(6) monitor the blood-lead levels of workers involved in
lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to
vacate priority housing while lead hazard reduction measures are
being conducted;
(8) educate 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;
(9) test soil, interior surface dust, and the blood-lead
levels of children under the age of 6 residing in priority
housing after lead-based paint hazard reduction activity has been
conducted, to assure that such activity does not cause excessive
exposures to lead; and
(10) carry out such activities that the Secretary determines
appropriate to promote the purposes of this Act.
(f) Forms of Assistance. The applicant 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 Building. --
(1) In general. The Secretary shall develop the capacity of
eligible applicants to carry out the requirements of section
105(b)(16) of the Cranston-Gonzalez National Affordable Housing
Act and to carry out activities under this section. In fiscal
years 1993 and 1994, 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 402 of the Toxic Substances Control Act,
as added by section 1021 of this Act.
(2) Set-aside. Of the total amount approved in appropriation
Acts under subsection (o), there shall be set aside to carry out
this subsection $ 3,000,000 for fiscal year 1993 and $ 3,000,000
for fiscal year 1994.
(h) Matching Requirement. Each 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 10 percent of the total grant amount under this section.
(i) Prohibition of Substitution of Funds. Grants under this
subtitle may not be used to replace other amounts made available
or designated by State or local governments for use for the
purposes under this subtitle.
(j) Limitation on Use. An applicant shall ensure that not more
than 10 percent of the grant will be used for administrative
expenses associated with the activities funded.
(k) Financial Records. An applicant shall maintain and provide
the Secretary with financial records sufficient, in the
determination of the Secretary, to ensure proper accounting and
disbursing of amounts received from a grant under this section.
(l) Report. An applicant under this section shall submit to the
Secretary, for any fiscal year in which the applicant expends
grant funds under this section, a report that --
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of
inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which
lead- based paint hazards have been reduced through interim
controls;
(4) states the number of residential dwellings in which
lead- based paint hazards have been abated; and
(5) provides any other information that the Secretary
determines to be appropriate.
(m) Notice of Funding Availability. The Secretary shall publish a
Notice of Funding Availability pursuant to this section not later
than 120 days after funds are appropriated for this section.
(n) Relationship to Other Law. Effective 2 years after the date
of promulgation of regulations under section 402 of the Toxic
Substances Control Act, no grants for lead-based paint hazard
evaluation or reduction may be awarded to a State under this
section unless such State has an authorized program under section
404 of the Toxic Substances Control Act.
(o) Authorization of Appropriations. For the purposes of carrying
out this Act, there are authorized to be appropriated $
125,000,000 for fiscal year 1993 and $ 250,000,000 for fiscal
year 1994.
SEC. 1012. EVALUATION AND REDUCTION OF LEAD-BASED PAINT HAZARDS
IN FEDERALLY ASSISTED HOUSING.
(a) General Requirements. Section 302 of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4822) is amended --
(1) by striking the title of the section and inserting:
"REQUIREMENTS FOR HOUSING RECEIVING FEDERAL
ASSISTANCE";
(2) in the first sentence of subsection (a) --
(A) by striking "The Secretary" and inserting the
following:
"(1) Elimination of hazards. The Secretary"; and
(B) by inserting before the period "or otherwise
receives more than $ 5,000 in project-based assistance under a
Federal housing program";
(3) by striking the second sentence of subsection (a) and
inserting: "Beginning on January 1, 1995, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, and shall provide for appropriate
measures to conduct risk assessments, inspections, interim
controls, and abatement of lead- based paint hazards. At a
minimum, such procedures shall require --
"(A) the provision of lead hazard information
pamphlets, developed pursuant to section 406 of the Toxic
Substances Control Act, to purchasers and tenants;
"(B) periodic risk assessments and interim controls in
accordance with a schedule determined by the Secretary, the
initial risk assessment of each unit constructed prior to 1960 to
be conducted not later than January 1, 1996, and for units
constructed between 1960 and 1978 --
"(i) not less than 25 percent shall be performed
by January 1, 1998;
"(ii) not less than 50 percent shall be performed
by January 1, 2000; and
"(iii) the remainder shall be performed by January
1, 2002;
"(C) inspection for the presence of lead-based paint
prior to federally-funded renovation or rehabilitation that is
likely to disturb painted surfaces;
"(D) reduction of lead-based paint hazards in the
course of rehabilitation projects receiving less than $ 25,000
per unit in Federal funds;
"(E) abatement of lead-based paint hazards in the
course of substantial rehabilitation projects receiving more than
$ 25,000 per unit in Federal funds;
"(F) where risk assessment, inspection, or reduction
activities have been undertaken, the provision of notice to
occupants describing the nature and scope of such activities and
the actual risk assessment or inspection reports (including
available information on the location of any remaining lead-based
paint on a surface-by-surface basis); and
"(G) such other measures as the Secretary deems
appropriate."; and
(4) in the third sentence, by striking "The Secretary may"
and inserting the following:
"(2) Additional measures. The Secretary may".
(b) Measurement Criteria. Section 302(b) of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4822(b)) is amended by
striking "for the detection" and all that follows through the end
of paragraph (2) and inserting "for the risk assessment, interim
control, inspection, and abatement of lead-based paint hazards in
housing covered by this section shall be based upon guidelines
developed pursuant to section 1017 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992.".
(c) Inspection. Section 302(c) of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822(c)) is amended --
(1) in the second sentence, by striking "qualified" and
inserting "certified"; and
(2) in the third and fourth sentences, by inserting "or 0.5
percent by weight" after "squared".
(d) Public Housing. Section 302(d)(1) of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4822(d)(1)) is amended --
(1) in the heading, by striking "CIAP" and inserting
"modernization"; and
(2) in the fourth sentence, by striking "to eliminate the
lead-based paint poisoning hazards" and inserting "of lead-based
paint and lead-based paint hazards".
(e) HOME Investment Partnerships. Section 212(a) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(a)) is amended by adding at the end the following new
paragraph:
"(5) Lead-based paint hazards. A participating jurisdiction
may use funds provided under this subtitle for the evaluation and
reduction of lead-based paint hazards, as defined in section 1004
of the Residential Lead-Based Paint Hazard Reduction Act of
1992.".
(f) Community Development Block Grants. Section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a))
is amended --
(1) in paragraph (19), by striking "and" at the end;
(2) in paragraph (20), by striking the period at the end and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(21) lead-based paint hazard evaluation and reduction,
as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992.".
(g) Section 8 Rental Assistance. Section 8(c)(2)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(B)) is amended
by adding at the end the following: "The Secretary may (at the
discretion of the Secretary and subject to the availability of
appropriations for contract amendments), on a project by project
basis for projects receiving project-based assistance, provide
adjustments to the maximum monthly rents to cover the costs of
evaluating and reducing lead-based paint hazards, as defined in
section 1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992.".
(h) HOPE for public and Indian Housing Homeownership. The United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended --
(1) in section 302(b) --
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act;"; and
(2) in section 303(b) --
(A) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act.".
(i) HOPE for Homeownership of Multifamily Units. The Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.) is amended --
(1) in section 422(b) --
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act;"; and
(2) in section 423(b) --
(A) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(B) by adding after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act.".
(j) HOPE for Homeownership of Multifamily Units. The Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.) is amended --
(1) in section 422(b) --
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act;"; and
(2) in section 443(b) --
(A) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively; and
(B) by adding after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as
required by section 302(a) of the Lead-Based Paint Poisoning
Prevention Act.".
(k) FHA Insurance for Single Family Homes. --
(1) Home improvement loans. Section 2(a) of the National
Housing Act (12 U.S.C. 1703(a)) is amended in the fifth
paragraph--
(A) by inserting after the first sentence the
following:
"Alterations, repairs, and improvements upon or in
connection with existing structures may also include the
evaluation and reduction of lead-based paint hazards."; and
(B) by adding at the end the following: "(4) the terms
'evaluation', 'reduction', and 'lead-based paint hazard' have the
same meanings given those terms in section 1004 of the
Residential Led-Based Paint Hazard Reduction Act of 1992.".
(2) Rehabilitation loans. Section 203(k)(2)(B) of the
National Housing Act (12 U.S.C. 1709(k)(2)(B)) is amended by
adding at the end the following: "The term 'rehabilitation' may
also include measures to evaluate and reduce lead-based paint
hazards, as such terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992.".
(l) FHA Insurance for Multifamily Housing. Section 221(d)(4)(iv)
of the National Housing Act (12 U.S.C. 1715l(d)(4)(iv)) is
amended by inserting after "rehabilitation" the first time it
appears the following: "(including the cost of evaluating and
reducing lead-based paint hazards, as such terms are defined in
section 1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992)".
(m) Rural Housing. Section 501(a) of the Housing Act of 1949 (42
U.S.C. 1471) is amended by adding at the end the following:
"(5) Definitions. For purposes of this title, the terms
'repair', 'repairs', 'rehabilitate', and 'rehabilitation' include
measures to evaluate and reduce lead-based paint hazards as such
terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992.".
SEC. 1013. DISPOSITION OF FEDERALLY OWNED HOUSING.
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. 4822(a)) (as amended by section 1012(a)) is amended by
striking the fourth sentence and adding at the end the following:
"(3) Disposition of federally owned housing. --
"(A) Pre-1960 target housing. Beginning on January 1,
1995, procedures established under paragraphs (1) and (2) shall
require the inspection and abatement of lead-based paint hazards
in all federally owned target housing constructed prior to 1960.
"(B) Target housing constructed between 1960 and 1978.
Beginning on January 1, 1995, procedures established under
paragraphs (1) and (2) shall require an inspection for lead-based
paint and lead-based paint hazards in all federally owned target
housing constructed between 1960 and 1978. The results of such
inspections shall be made available to prospective purchasers,
identifying the presence of lead-based paint and lead-based paint
hazards on a surface-by-surface basis. The Secretary shall have
the discretion to waive the requirement of this subparagraph for
housing in which a federally funded risk assessment, performed by
a certified contractor, has determined no lead-based paint
hazards are present.
"(C) Budget authority. To the extent that subparagraphs
(A) and (B) increase the cost to the Government of outstanding
direct loan obligations or loan guarantee commitments, such
activities shall be treated as modifications under section 504(e)
of the Federal Credit Reform Act of 1990 and shall be subject to
the availability of appropriations. To the extent that paragraphs
(A) and (B) impose additional costs to the Resolution Trust
Corporation and the Federal Deposit Insurance Corporation, its
requirements shall be carried out only if appropriations are
provided in advance in an appropriations Act. In the absence of
appropriations sufficient to cover the costs of subparagraphs (A)
and (B), these requirements shall not apply to the affected
agency or agencies.
"(D) Definitions. For the purposes of this subsection,
the terms 'inspection', 'abatement', 'lead-based paint hazard',
'federally owned housing', 'target housing', 'risk assessment',
and 'certified contractor' have the same meaning given such terms
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992.
"(4) Definitions. For purposes of this subsection, the terms
'risk assessment', 'inspection', 'interim control', 'abatement',
'reduction', and 'lead-based paint hazard' have the same meaning
given such terms in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992.
SEC. 1014. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY.
Section 105 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) is amended --
(1) in subsection (b)(14), by striking "and" at the end;
(2) in subsection (b)(15), by striking the period at the end
and inserting "; and";
(3) by inserting after paragraph (15) of subsection (b) the
following new paragraph:
"(16) estimate the number of housing units within the
jurisdiction that are occupied by low-income families or very
low-income families and that contain lead-based paint hazards, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, outline the actions proposed or
being taken to evaluate and reduce lead-based paint hazards, and
describe how lead- based paint hazard reduction will be
integrated into housing policies and programs."; and
(4) in subsection (e) --
(A) by striking "When preparing" and inserting the
following:
"(1) In general. When preparing"; and
(B) by adding at the end the following new paragraph:
"(2) Lead-based paint hazards. When preparing that portion of a
housing strategy required by subsection (b)(16), a jurisdiction
shall consult with State or local health and child welfare
agencies and examine existing data related to lead-based paint
hazards and poisonings, including health department data on the
addresses of housing units in which children have been identified
as lead poisoned.".
SEC. 1015. TASK FORCE ON LEAD-BASED PAINT HAZARD REDUCTION AND
FINANCING.
(a) In General. The Secretary, in consultation with the
Administrator of the Environmental Protection Agency establish a
task force to make recommendations on expanding resources and
efforts to evaluate and reduce lead-based paint hazards in
private housing.
(b) Membership. The task force shall include individuals
representing the Department of Housing and Urban Development, the
Farmers Home Administration, the Department of Veterans Affairs,
the Federal Home Loan Mortgage Corporation, the Federal National
Mortgage Association, the Environmental Protection Agency,
employee organizations in the building and construction trades
industry, landlords, tenants, primary lending institutions,
private mortgage insurers, single-family and multifamily real
estate interests, nonprofit housing developers, property
liability insurers, public housing agencies, low-income housing
advocacy organizations, national, State and local lead-poisoning
prevention advocates and experts, and community-based
organizations located in areas with substantial rental housing.
(c) Responsibilities. The task force shall make recommendations
to the Secretary and the Administrator of the Environmental
Protection Agency concerning --
(1) incorporating the need to finance lead-based paint
hazard reduction into underwriting standards;
(2) developing new loan products and procedures for
financing lead-based paint hazard evaluation and reduction
activities;
(3) adjusting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for
lead-based paint as a routine procedure in the origination of new
residential mortgages;
(5) revising guidelines, regulations, and educational
pamphlets issued by the Department of Housing and Urban
Development and other Federal agencies relating to lead-based
paint poisoning prevention;
(6) reducing the current uncertainties of liability related
to lead-based paint in rental housing by clarifying standards of
care for landlords and lenders, and by exploring the "safe
harbor" concept;
(7) increasing the availability of liability insurance for
owners of rental housing and certified contractors and
establishing alternative systems to compensate victims of
lead-based paint poisoning; and
(8) evaluating the utility and appropriateness of requiring
risk assessments or inspections and notification to prospective
lessees of rental housing.
(d) Compensation. The members of the task force shall not receive
Federal compensation for their participation.
SEC. 1016. NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD
REDUCTION.
In carrying out this Act, the Secretary shall consult on an
ongoing basis with the Administrator of the Environmental
Protection Agency, the Director of the Centers for Disease
Control, other Federal agencies concerned with lead poisoning
prevention, and the task force established pursuant to section
1015.
SEC. 1017. GUIDELINES FOR LEAD-BASED PAINT HAZARD EVALUATION AND
REDUCTION ACTIVITIES.
Not later than 12 months after the date of enactment of this Act,
the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Labor, and the
Secretary of Health and Human Services (acting through the
Director of the Centers for Disease Control), shall issue
guidelines for the conduct of all federally supported work
involving risk assessments, inspections, interim controls, and
abatement of lead-based paint hazards. Such guidelines shall be
based upon criteria that measure the condition of the housing
(and the presence of children under age 6 for the purposes of
risk assessments) and shall not be based upon criteria that
measure the health of the residents of the housing.
SEC. 1018. DISCLOSURE OF INFORMATION CONCERNING LEAD UPON
TRANSFER OF RESIDENTIAL PROPERTY.
(a) Lead Disclosure in Purchase and Sale or Lease of Target
Housing. --
(1) Lead-based paint hazards. Not later than 2 years after
the date of enactment of this Act, the Secretary and the
Administrator of the Environmental Protection Agency shall
promulgate regulations under this section for the disclosure of
lead-based paint hazards in target housing which is offered for
sale or lease. The regulations shall require that, before the
purchaser or lessee is obligated under any contract to purchase
or lease the housing, the seller or lessor shall --
(A) provide the purchaser or lessee with a lead hazard
information pamphlet, as prescribed by the Administrator of the
Environmental Protection Agency under section 406 of the Toxic
Substances Control Act;
(B) disclose to the purchaser or lessee the presence of
any known lead-based paint, or any known lead-based paint
hazards, in such housing and provide to the purchaser or lessee
any lead hazard evaluation report available to the seller or
lessor; and
(C) permit the purchaser a 10-day period (unless
the parties mutually agree upon a different period of time) to
conduct a risk assessment or inspection for the presence of
lead-based paint hazards.
(2) Contract for purchase and sale. Regulations promulgated
under this section shall provide that every contract or the
purchase and sale of any interest in target housing shall contain
a Lead Warning Statement and a statement signed by the purchaser
that the purchaser has --
(A) read the Lead Warning Statement and understands its
contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties
mutually agreed upon a different period of time) before becoming
obligated under the contract to purchase the housing to conduct a
risk assessment or inspection for the presence of lead-based
paint hazards.
(3) Contents of lead warning statement. The Lead Warning
Statement shall contain the following text printed in large type
on a separate sheet of paper attached to the contract:
"Every purchaser of any interest in residential real
property on which a residential dwelling was built prior to 1978
is notified that such property may present exposure to lead from
lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems,
and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in
the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to
purchase.".
(4) Compliance Assurance. Whenever a seller or lessor has
entered into a contract with an agent for the purpose of selling
or leasing a unit of target housing, the regulations promulgated
under this section shall require the agent, on behalf of the
seller or lessor, to ensure compliance with the requirements of
this section.
(5) Promulgation. A suit may be brought against the
Secretary of Housing and Urban Development and the Administrator
of the Environmental Protection Agency under section 20 of the
Toxic Substances Control Act to compel promulgation of the
regulations required under this section and the Federal district
court shall have jurisdiction to order such promulgation.
(b) Penalties for Violations. --
(1) Monetary penalty. Any person who knowingly violates any
provision of this section shall be subject to civil money
penalties in accordance with the provisions of section 102 of the
Department of Housing and Urban Development Reform Act of 1989
(42 U.S.C. 3545).
(2) Action by secretary. The Secretary is authorized to take
such lawful action as may be necessary to enjoin any violation of
this section.
(3) Civil liability. Any person who knowingly violates the
provisions of this section shall be jointly and severally liable
to the purchaser or lessee in an amount equal to 3 times the
amount of damages incurred by such individual.
(4) Costs. In any civil action brought for damages pursuant
to paragraph (3), the appropriate court may award court costs to
the party commencing such action, together with reasonable
attorney fees and any expert witness fees, if that party
prevails.
(5) Prohibited act. It shall be a prohibited act under
section 409 of the Toxic Substances Control Act for any person to
fail or refuse to comply with a provision of this section or with
any rule or order issued under this section. For purposes of
enforcing this section under the Toxic Substances Control Act,
the penalty for each violation applicable under section 16 of
that Act shall not be more than $10,000.
(c) Validity of Contracts and Liens. Nothing in this section
shall affect the validity or enforceability of any sale or
contract for the purchase and sale or lease of any interest in
residential real property or any loan, loan agreement, mortgage,
or lien made or arising in connection with a mortgage loan, nor
shall anything in this section create a defect in title.
(d) Effective Date. The regulations under this section shall take
effect 3 years after the date of the enactment of this title.
SUBTITLE B -- LEAD EXPOSURE REDUCTION
SEC. 1021. CONTRACTOR TRAINING AND CERTIFICATION.
(a) Amendment to the Toxic Substances Control Act. The Toxic
Substances Control Act (15 U.S.C. 2601 et seq.) is amended by
adding after title III the following new title:
"TITLE IV -- LEAD EXPOSURE REDUCTION
"SEC. 401. DEFINITIONS.
"For the purposes of this title:
"(1) Abatement. The term 'abatement' means any set of measures
designed to permanently eliminate lead-based paint hazards in
accordance with standards established by the Administrator under
this title. Such term includes --
"(A) the removal of lead-based paint and lead-contaminated
dust, the permanent containment or encapsulation of lead-based
paint, the replacement of lead-painted surfaces or fixtures, and
the removal or covering of lead-contaminated soil; and
"(B) all preparation, cleanup, disposal, and postabatement
clearance testing activities associated with such measures.
"(2) Accessible surface. The term 'accessible surface' means an
interior or exterior surface painted with lead-based paint that
is accessible for a young child to mouth or chew.
"(3) Deteriorated paint. The term 'deteriorated paint' means any
interior or exterior paint that is peeling, chipping, chalking or
cracking or any paint located on an interior or exterior surface
or fixture that is damaged or deteriorated.
"(4) Evaluation. The term 'evaluation' means risk assessment,
inspection, or risk assessment and inspection.
"(5) Friction surface. The term 'friction surface' means an
interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
"(6) Impact surface. The term 'impact surface' means an interior
or exterior surface that is subject to damage by repeated
impacts, for example, certain parts of door frames.
"(7) Inspection. The term 'inspection' means
"(A) a surface-by-surface investigation to determine the
presence of lead-based paint, as provided in section 302(c) of
the Lead-Based Paint Poisoning Prevention Act, and
"(B) the provision of a report explaining the results of the
investigation.
"(8) Interim controls. The term 'interim controls' means a set of
measures designed to reduce temporarily human exposure or likely
exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards or potential
hazards, and the establishment an operation of management and
resident education programs.
"(9) Lead-based paint. The term 'lead-based paint' means paint or
other surface coatings that contain lead in excess of 1.0
milligrams per centimeter squared or 0.5 percent by weight or
"(A) in the case of paint or other surface coatings on
target housing, such lower level as may be established by the
Secretary of Housing and Urban Development, as defined in section
302(c) of the Lead-Based Paint Poisoning Prevention Act, or
"(B) in the case of any other paint or surface coatings,
such other level as may be established by the Administrator.
"(10) 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 Administrator
under this title.
"(11) 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 Administrator under this title to pose a threat of adverse
health effects in pregnant women or young children.
"(12) Lead-contaminated soil. The term 'lead-contaminated soil'
means bare soil on residential real property that contains lead
at or in excess of the levels determined to be hazardous to human
health by the Administrator under this title.
"(13) Reduction. The term 'reduction' means measures designed to
reduce or eliminate human exposure to lead-based paint hazards
through methods including interim controls and abatement.
"(14) 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 1
or more persons.
"(15) Residential real property. The term 'residential real
property' means real property on which there is situated 1 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 1 or more persons.
"(16) 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
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.
"(17) Target housing. The term 'target housing' means any housing
constructed prior to 1978, except housing for the elderly or
persons with disabilities (unless any child who is less than 6
years of age resides or is expected to reside in such housing for
the elderly or persons with disabilities) or any 0-bedroom
dwelling. In the case of jurisdictions which banned the sale or
use of lead-based paint prior to 1978, the Secretary of Housing
and Urban Development, at the Secretary's discretion, may
designate an earlier date.
"SEC. 402. LEAD-BASED PAINT ACTIVITIES TRAINING AND
CERTIFICATION.
"(a) Regulations. --
"(1) In general. Not later than 18 months after the date of
the enactment of this section, the Administrator shall, in
consultation with the Secretary of Labor, the Secretary of
Housing and Urban Development, and the Secretary of Health and
Human Services (acting through the Director of the National
Institute for Occupational Safety and Health), promulgate final
regulations governing lead-based paint activities to ensure that
individuals engaged in such activities are properly trained; that
training programs are accredited; and that contractors engaged in
such activities are certified. Such regulations shall contain
standards for performing lead-based paint activities, taking into
account reliability, effectiveness, and safety. Such regulations
shall require that all risk assessment, inspection, and abatement
activities performed in target housing shall be performed by
certified contractors, as such term is defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992.
The provisions of this section shall supersede the provisions set
forth under the heading 'Lead Abatement Training and
Certification' and under the heading 'Training Grants' in title
III of the Act entitled 'An Act making appropriations for the
Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies, commissions,
corporations, and offices for the fiscal year ending September
30, 1992, and for other purposes', Public Law 102-139, and upon
the enactment of this section the provisions set forth in such
public law under such headings shall cease to have any force and
effect.
"(2) Accreditation of training programs. Final regulations
promulgated under (1) shall contain specific requirements for the
accreditation of lead-based paint activities training programs
for workers, supervisors, inspectors and planners, and other
individuals involved in lead-based paint activities, including,
but not limited to, each of the following:
"(A) Minimum requirements for the accreditation of
training providers.
"(B) Minimum training curriculum requirements.
"(C) Minimum training hour requirements.
"(D) Minimum hands-on training requirements.
"(E) Minimum trainee competency and proficiency
requirements.
"(F) Minimum requirements for training program quality
control.
"(3) Accreditation and certification fees. The Administrator
(or the State in the case of an authorized State program) shall
impose a fee on --
"(A) persons operating training programs accredited
under this title; and
"(B) lead-based paint activities contractors certified
in accordance with paragraph (1).
The fees shall be established at such level as is necessary to
cover the costs of administering and enforcing the standards and
regulations under this section which are applicable to such
programs and contractors. The fee shall not be imposed on any
State, local government, or nonprofit training program. The
Administrator (or the State in the case of an authorized State
program) may waive the fee for lead-based paint activities
contractors under subparagraph (A) for the purpose of training
their own employees.
"(b) Lead-Based Paint Activities. For purposes of this title, the
term 'lead-based paint activities' means --
"(1) in the case of target housing, risk assessment,
inspection, and abatement; and
"(2) in the case of any public building constructed before
1978, commercial building, bridge, or other structure or
super-structure, identification of lead-based paint and materials
containing lead-based paint, deleading, removal of lead from
bridges, and demolition.
For purposes of paragraph (2), the term 'deleading' means
activities conducted by a person who offers to eliminate
lead-based paint or lead-based paint hazards or to plan such
activities.
"(c) Renovation and Remodeling. --
"(1) Guidelines. In order to reduce the risk of exposure to
lead in connection with renovation and remodeling of target
housing, public buildings constructed before 1978, and commercial
buildings, the Administrator shall, within 18 months after the
enactment of this section, promulgate guidelines for the conduct
of such renovation and remodeling activities which may create a
risk of exposure to dangerous levels of lead. The Administrator
shall disseminate such guidelines to persons engaged in such
renovation and remodeling through hardware and paint stores,
employee organizations, trade groups, State and local agencies,
and through other appropriate means.
"(2) Study of certification. The Administrator shall conduct
a study of the extent to which persons engaged in various types
of renovation and remodeling activities in target housing, public
buildings constructed before 1978, and commercial buildings are
exposed to lead in the conduct of such activities or disturb lead
and create a lead-based paint hazard on a regular or occasional
basis. The Administrator shall complete such study and publish
the results thereof within 30 months after the enactment of this
section.
"(3) Certification determination. Within 4 years after the
enactment of this section, the Administrator shall revise the
regulations under subsection (a) to apply the regulations to
renovation or remodeling activities in target housing, public
buildings constructed before 1978, and commercial buildings that
create lead-based paint hazards. In determining which contractors
are engaged in such activities, the Administrator shall utilize
the results of the study under paragraph (2) and consult with the
representatives of labor organizations, lead-based paint
activities contractors, persons engaged in remodeling and
renovation, experts in lead health effects, and others. If the
Administrator determines that an category of contractors engaged
in renovation or remodeling does not require certification, the
Administrator shall publish an explanation of the basis for that
determination.
"SEC. 403. IDENTIFICATION OF DANGEROUS LEVELS OF LEAD.
"Within 18 months after the enactment of this title, the
Administrator shall promulgate regulations which shall identify,
for purposes of this title, and the Residential Lead-Based Paint
Hazard Reduction Act of 1992, lead-based paint hazards,
lead-contaminated dust, and lead-contaminated soil.
"SEC. 404. AUTHORIZED STATE PROGRAMS.
"(a) Approval. Any State which seeks to administer and enforce
the standards, regulations, or other requirements established
under section 402 or 406, or both, may, after notice and
opportunity for public hearing, develop and submit to the
Administrator an application, in such form as the Administrator
shall require, for authorization of such a State program. Any
such State may also certify to the Administrator at the time of
submitting such program that the State program meets the
requirements of paragraphs (1) and (2) of subsection (b). Upon
submission of such certification, the State program shall be
deemed to be authorized under this section, and shall apply in
such State in lieu of the corresponding Federal program under
section 402 or 406, or both, as the case may be, until such time
as the Administrator disapproves the program or withdraws the
authorization.
"(b) Approval or Disapproval. Within 180 days following
submission of an application under subsection (a), the
Administrator shall approve or disapprove the application. The
Administrator may approve the application only if, after notice
and after opportunity for public hearing, the Administrator finds
that --
"(1) the State program is at least as protective of human
health and the environment as the Federal program under section
402 or 406, or both, as the case may be, and
"(2) such State program provides adequate enforcement.
Upon authorization of a State program under this section, it
shall be unlawful for any person to violate or fail or refuse to
comply with any requirement of such program.
"(c) Withdrawal of Authorization. If a State is not administering
and enforcing a program authorized under this section in
compliance with standards, regulations, and other requirements of
this title, the Administrator shall so notify the State and, if
corrective action is not completed within a reasonable time, not
to exceed 180 days, the Administrator shall withdraw
authorization of such program and establish a Federal program
pursuant to this title.
"(d) Model State Program. Within 18 months after the enactment of
this title, the Administrator shall promulgate a model State
program which may be adopted by any State which seeks to
administer and enforce a State program under this title. Such
model program shall, to the extent practicable, encourage States
to utilize existing State and local certification and
accreditation programs and procedures. Such program shall
encourage reciprocity among the States with respect to the
certification under section 402.
"(e) Other State Requirements. Nothing in this title shall be
construed to prohibit any State or political subdivision thereof
from imposing any requirements which are more stringent than
those imposed by this title.
"(f) State and Local Certification. The regulations under this
title shall, to the extent appropriate, encourage States to seek
program authorization and to use existing State and local
certification and accreditation procedures, except that a State
or local government shall not require more than 1 certification
under this section for any lead-based paint activities contractor
to carry out lead-based paint activities in the State or
political subdivision thereof.
"(g) Grants to States. The Administrator is authorized to make
grants to States to develop and carry out authorized State
programs under this section. The grants shall be subject to such
terms and conditions as the Administrator may establish to
further the purposes of this title.
"(h) Enforcement by Administrator. If a State does not have a
State program authorized under this section and in effect by the
date which is 2 years after promulgation of the regulations under
section 402 or 406, the Administrator shall, by such date,
establish a Federal program for section 402 or 406 (as the case
may be) for such State and administer and enforce such program in
such State.
"SEC. 405. LEAD ABATEMENT AND MEASUREMENT.
"(a) Program To Promote Lead Exposure Abatement. The
Administrator, in cooperation with other appropriate Federal
departments and agencies, shall conduct a comprehensive program
to promote safe, effective, and affordable monitoring, detection,
and abatement of lead-based paint and other lead exposure
hazards.
"(b) Standards for Environmental Sampling Laboratories. (1) The
Administrator shall establish protocols, criteria, and minimum
performance standards for laboratory analysis of lead in paint
films, soil, and dust. Within 2 years after the enactment of
this title, the Administrator, in consultation with the Secretary
of Health and Human Services, shall establish a program to
certify laboratories as qualified to test substances for lead
content unless the Administrator determines, by the date
specified in this paragraph, that effective voluntary
accreditation programs are in place and operating on a nationwide
basis at the time of such determination. To be certified under
such program, a laboratory shall, at a minimum, demonstrate an
ability to test substances accurately for lead content.
"(2) Not later than 24 months after the date of the
enactment of this section, and annually thereafter, the
Administrator shall publish and make available to the public a
list of certified or accredited environmental sampling
laboratories. "(3) If the Administrator determines under
paragraph (1) that effective voluntary accreditation programs are
in place for environmental sampling laboratories, the
Administrator shall review the performance and effectiveness of
such programs within 3 years after such determination. If, upon
such review, the Administrator determines that the voluntary
accreditation programs are not effective in assuring the quality
and consistency of laboratory analyses, the Administrator shall,
not more than 12 months thereafter, establish a certification
program that meets the requirements of paragraph (1).
"(c) Exposure Studies.
(1) The Secretary of Health and Human Services (hereafter in
this subsection referred to as the 'Secretary'), acting through
the Director of the Centers for Disease Control, (CDC), and the
Director of the National Institute of Environmental Health
Sciences, shall jointly conduct a study of the sources of lead
exposure in children who have elevated blood lead levels (or
other indicators of elevated lead body burden), as defined by the
Director of the Centers for Disease Control.
"(2) The Secretary, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall
conduct a comprehensive study of means to reduce hazardous
occupational lead abatement exposures. This study shall include,
at a minimum, each of the following --
"(A) Surveillance and intervention capability in the
States to identify and prevent hazardous exposures to lead
abatement workers.
"(B) Demonstration of lead abatement control methods
and devices and work practices to identify and prevent hazardous
lead exposures in the workplace. "(C) Evaluation,
in consultation with the National Institute of Environmental
Health Sciences, of health effects of low and high levels of
occupational lead exposures on reproductive, neurological, renal,
and cardiovascular health.
"(D) Identification of high risk occupational settings
to which prevention activities and resources should be targeted.
"(E) A study assessing the potential exposures and
risks from lead to janitorial and custodial workers.
"(3) The studies described in paragraphs (1) and (2) shall,
as appropriate, examine the relative contributions to elevated
lead body burden from each of the following:
"(A) Drinking water.
"(B) Food.
"(C) Lead-based paint and dust from lead-based paint.
"(D) Exterior sources such as ambient air and lead in
soil.
"(E) Occupational exposures, and other exposures that
the Secretary determines to be appropriate.
"(4) Not later than 30 months after the date of the
enactment of this section, the Secretary shall submit a report to
the Congress concerning the studies described in paragraphs (1)
and (2).
"(d) Public Education. (1) The Administrator, in conjunction with
the Secretary of Health and Human Services, acting through the
Director of the Agency for Toxic Substances and Disease Registry,
and in conjunction with the Secretary of Housing and Urban
Development, shall sponsor public education and outreach
activities to increase public awareness of --
"(A) the scope and severity of lead poisoning from
household sources;
"(B) potential exposure to sources of lead in schools
and childhood day care centers;
"(C) the implications of exposures for men and women,
particularly those of childbearing age;
"(D) the need for careful, quality, abatement and
management actions;
"(E) the need for universal screening of children;
"(F) other components of a lead poisoning prevention
program;
"(G) the health consequences of lead exposure resulting
from lead-based paint hazards;
"(H) risk assessment and inspection methods for
lead-based paint hazards; and
"(I) measures to reduce the risk of lead exposure from
lead-based paint.
"(2) The activities described in paragraph (1) shall be
designed to provide educational services and information to --
"(A) health professionals;
"(B) the general public, with emphasis on parents of
young children;
"(C) homeowners, landlords, and tenants;
"(D) consumers of home improvement products;
"(E) the residential real estate industry; and
"(F) the home renovation industry.
"(3) In implementing the activities described in paragraph
(1), the Administrator shall assure coordination with the
President's Commission on Environmental Quality's education and
awareness campaign on lead poisoning.
"(4) The Administrator in consultation with the Chairman of
the Consumer Product Safety Commission, shall develop information
to be distributed by retailers of home improvement products to
provide consumers with practical information related to the
hazards of renovation and remodeling where lead-based paint may
be present.
"(e) Technical Assistance. --
"(1) Clearinghouse. Not later than 6 months after the
enactment of this subsection, the Administrator shall establish,
in consultation with the Secretary of Housing and Urban
Development and the Director of the Centers for Disease Control,
a National Clearinghouse on Childhood Lead Poisoning (hereinafter
in this section referred to as 'Clearinghouse'). The
Clearinghouse shall--
"(A) collect, evaluate, and disseminate current
information on the assessment and reduction of lead-based paint
hazards, adverse health effects, sources of exposure, detection
and risk assessment methods, environmental hazards abatement, and
clean-up standards;
"(B) maintain a rapid-alert system to inform certified
lead-based paint activities contractors of significant
developments in research related to lead-based paint hazards; and
"(C) perform any other duty that the Administrator
determines necessary to achieve the purposes of this Act.
"(2) Hotline. Not later than 6 months after the enactment of
this subsection, the Administrator, in cooperation with other
Federal agencies and with State and local governments, shall
establish a single lead-based paint hazard hotline to provide the
public with answers to questions about lead poisoning prevention
and referrals to the Clearinghouse for technical information.
"(f) Products for Lead-Based Paint Activities. Not later than 30
months after the date of enactment of this section, the President
shall, after notice and opportunity for comment, establish by
rule appropriate criteria, testing protocols, and performance
characteristics as are necessary to ensure, to the greatest
extent possible and consistent with the purposes and policy of
this title, that lead-based paint hazard evaluation and reduction
products introduced into commerce after a period specified in the
rule are effective for the intended use described by the
manufacturer. The rule shall identify the types or classes of
products that are subject to such rule. The President, in
implementation of the rule, shall to the maximum extent possible,
utilize independent testing laboratories, as appropriate, and
consult with such entities and others in developing the rules.
The President may delegate the authorities under this subsection
to the Environmental Protection Agency or the Secretary of
Commerce or such other appropriate agency.
"SEC. 406. LEAD HAZARD INFORMATION PAMPHLET.
"(a) Lead Hazard Information Pamphlet. Not later than 2 years
after the enactment of this section, after notice and opportunity
for comment, the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Housing and Urban
Development and with the Secretary of Health and Human Services,
shall publish, and from time to time revise, a lead hazard
information pamphlet to be used in connection with this title and
section 1018 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992. The pamphlet shall --
"(1) contain information regarding the health risks
associated with exposure to lead;
"(2) provide information on the presence of lead-based paint
hazards in federally assisted, federally owned, and target
housing;
"(3) describe the risks of lead exposure for children under
6 years of age, pregnant women, women of childbearing age,
persons involved in home renovation, and others residing in a
dwelling with lead-based paint hazards;
"(4) describe the risks of renovation in a dwelling with
lead-based paint hazards;
"(5) provide information on approved methods for evaluating
and reducing lead-based paint hazards and their effectiveness in
identifying, reducing, eliminating, or preventing exposure to
lead-based paint hazards;
"(6) advise persons how to obtain a list of contractors
certified pursuant to this title in lead-based paint hazard
evaluation and reduction in the area in which the pamphlet is to
be used;
"(7) state that a risk assessment or inspection for
lead-based paint is recommended prior to the purchase, lease, or
renovation of target housing;
"(8) state that certain State and local laws impose
additional requirements related to lead-based paint in housing
and provide a listing of Federal, State, and local agencies in
each State, including address and telephone number, that can
provide information about applicable laws and available
governmental and private assistance and financing; and
"(9) provide such other information about environmental
hazards associated with residential real property as the
Administrator deems appropriate.
"(b) Renovation of Target Housing. Within 2 years after the
enactment of this section, the Administrator shall promulgate
regulations under this subsection to require each person who
performs for compensation a renovation of target housing to
provide a lead hazard information pamphlet to the owner and
occupant of such housing prior to commencing the renovation.
"SEC. 407. REGULATIONS.
"The regulations of the Administrator under this title shall
include such recordkeeping and reporting requirements as may be
necessary to insure the effective implementation of this title.
The regulations may be amended from time to time as necessary.
"SEC. 408. CONTROL OF LEAD-BASED PAINT HAZARDS AT FEDERAL
FACILITIES.
"Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in a lead-based
paint hazard, and each officer, agent, or employee thereof, shall
be subject to, and comply with, all Federal, State, interstate,
and local requirements, both substantive and procedural
(including any requirement for certification, licensing,
recordkeeping, or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce
such relief) respecting lead-based paint, lead-based paint
activities, and lead-based paint hazards in the same manner, and
to the same extent as any nongovernmental entity is subject to
such requirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local substantive
and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders and
all civil and administrative penalties and fines regardless of
whether such penalties or fines are punitive or coercive in
nature, or whether imposed for isolated, intermittent or
continuing violations. The United States hereby expressly waives
any immunity otherwise applicable to the United States with
respect to any such substantive or procedural requirement
(including, but not limited to, any injunctive relief,
administrative order, or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service
charge). The reasonable service charges referred to in this
section include, but are not limited to, fees or charges assessed
for certification and licensing, as well as any other
nondiscriminatory charges that are assessed in connection with a
Federal, State, interstate, or local lead-based paint, lead-based
paint activities, or lead-based paint hazard activities program.
No agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal, State,
interstate, or local law relating to lead-based paint, lead-based
paint activities, or lead-based paint hazards with respect to any
act or omission within the scope of his official duties.
"SEC. 409. PROHIBITED ACTS.
"It shall be unlawful for any person to fail or refuse to comply
with a provision of this title or with any rule or order issued
under this title.
"SEC. 410. RELATIONSHIP TO OTHER FEDERAL LAW.
"Nothing in this title shall affect the authority of other
appropriate Federal agencies to establish or enforce any
requirements which are at least as stringent as those established
pursuant to this title.
"SEC. 411. GENERAL PROVISIONS RELATING TO ADMINISTRATIVE
PROCEEDINGS.
"(a) Applicability. This section applies to the promulgation or
revision of any regulation issued under this title.
"(b) Rulemaking Docket. Not later than the date of proposal of an
action to which this section applies, the Administrator shall
establish a rulemaking docket for such action (hereinafter in
this subsection referred to as a 'rule'). Whenever a rule applies
only within a particular State, a second (identical) docket shall
be established in the appropriate regional office of the
Environmental Protection Agency.
"(c) Inspection and Copying. (1) The rulemaking docket required
under subsection (b) shall be open for inspection by the public
at reasonable times specified in the notice of proposed
rulemaking. Any person may copy documents contained in the
docket. The Administrator shall provide copying facilities which
may be used at the expense of the person seeking copies, but the
Administrator may waive or reduce such expenses in such instances
as the public interest requires. Any person may request copies by
mail if the person pays the expenses, including personnel costs
to do the copying.
"(2)(A) Promptly upon receipt by the agency, all written
comments and documentary information on the proposed rule
received from any person for inclusion in the docket during the
comment period shall be placed in the docket. The transcript of
public hearings, if any, on the proposed rule shall also be
included in the docket promptly upon receipt from the person who
transcribed such hearings. All documents which become available
after the proposed rule has been published and which the
Administrator determines are of central relevance to the
rulemaking shall be placed in the docket as soon as possible
after their availability.
"(B) The drafts of proposed rules submitted by the
Administrator to the Office of Management and Budget for any
interagency review process prior to proposal of any such rule,
all documents accompanying such drafts, and all written comments
thereon by other agencies and all written responses to such
written comments by the Administrator shall be placed in the
docket no later than the date of proposal of the rule. The drafts
of the final rule submitted for such review process prior to
promulgation and all such written comments thereon, all documents
accompanying such drafts, and written responses thereto shall be
placed in the docket no later than the date of promulgation.
"(d) Explanation. (1) The promulgated rule shall be accompanied
by an explanation of the reasons for any major changes in the
promulgated rule from the proposed rule.
"(2) The promulgated rule shall also be accompanied by a
response to each of the significant comments, criticisms, and new
data submitted in written or oral presentations during the
comment period.
"(3) The promulgated rule may not be based (in part or
whole) on any information or data which has not been placed in
the docket as of the date of such promulgation.
"(e) Judicial Review. The material referred to in subsection
(c)(2)(B) shall not be included in the record for judicial
review.
"(f) Effective Date. The requirements of this section shall take
effect with respect to any rule the proposal of which occurs
after 90 days after the date of the enactment of this section.
"SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out the
purposes of this title such sums as may be necessary.".
(b) Technical and Conforming Amendments. The Toxic Substances
Control Act (15 U.S.C. 2610) is amended as follows:
(1) In paragraph (1) of section 7(a), strike "or 6"and
insert "6, or title IV"and after "5"insert "or title IV.".
(2) In the first sentence of subsection (a) of section 11:
(A) Strike "or mixtures"before "are manufactured"and
insert ", mixtures, or products subject to title IV".
(B) Insert "such products,"before "or such articles".
(3) In paragraph (1) of subsection (b) of section 11, strike
"or mixtures"and insert ", mixtures, or products subject to title
IV".
(4) In paragraph (1) of section 13(a) strike "or 6"in each
place it appears and insert ", 6, or title IV"and strike "or
7"and insert ", 7 or title IV".
(5) In section 16, insert "or 409" after "section 15"each
place it appears.
(6) In section 17, amend subsection (a) to read as follows:
"(a) Specific Enforcement. (1) The district courts of
the United States shall have jurisdiction over civil actions to--
"(A) restrain any violation of section 15 or 409,
"(B) restrain any person from taking any action
prohibited by section 5, 6, or title IV, or by a rule or order
under section 5, 6, or title IV,
"(C) compel the taking of any action required by
or under this Act, or
"(D) direct any manufacturer or processor of a
chemical substance, mixture, or product subject to title IV
manufactured or processed in violation of section 5, 6, or title
IV, or a rule or order under section 5, 6, or title IV, and
distributed in commerce, (i) to give notice of such fact to
distributors in commerce of such substance, mixture, or product
and, to the extent reasonably ascertainable, to other persons in
possession of such substance, mixture, or product or expose to
such substance, mixture, or product, (ii) to give public notice
of such risk of injury, and (iii) to either replace or repurchase
such substance, mixture, or product, whichever the person to
which the requirement is directed elects.".
(7) In the first sentence of subsection (b) of section 17--
(A) strike "or mixture"after "Any chemical
substance"and inserting ", mixture, or product subject to title
IV"; and
(B) insert "product,"before "or article"in each place
that it appears.
(8) In section 19 --
(A) In the first sentence of subsection (a), after
"title II"insert "or IV".
(B) Before the semicolon at the end of subsection
(a)(3)(B) insert "and in the case of a rule under title IV, the
finding required for the issuance of such a rule".
(9) In section 20(a)(1) after "title II"insert "or IV"in
each place it appears.
(10) Add at the end of the table of contents in section 1
the following:
"TITLE IV -- LEAD EXPOSURE REDUCTION
"Sec. 401. Definitions.
"Sec. 402. Lead-based paint activities training and
certification.
"Sec. 403. Identification of dangerous levels of lead.
"Sec. 404. Authorized State programs.
"Sec. 405. Lead abatement and measurement.
"Sec. 406. Lead hazard information pamphlet.
"Sec. 407. Regulations.
"Sec. 408. Control of lead-based paint hazards at Federal
facilities.
"Sec. 409. Prohibited acts.
"Sec. 410. Relationship to other federal law.
"Sec. 411. General provisions relating to administrative
proceedings.
"Sec. 412. Authorization of appropriations.".
(c) Short Title. This subtitle may be cited as the "Lead- Based
Paint Exposure Reduction Act".
SUBTITLE C -- WORKER PROTECTION
SEC. 1031. WORKER PROTECTION.
Not later than 180 days after the enactment of this Act, the
Secretary of Labor shall issue an interim final regulation
regulating occupational exposure to lead in the construction
industry. Such interim final regulation shall provide employment
and places of employment to employees which are as safe and
healthful as those which would prevail under the Department of
Housing and Urban Development guidelines published at Federal
Register 55, page 38973 (September 28, 1990) (Revised Chapter 8).
Such interim final regulations shall take effect upon issuance
(except that such regulations may include a reasonable delay in
the effective date), shall have the legal effect of an
Occupational Safety and Health Standard, and shall apply until a
final standard becomes effective under section 6 of the
Occupational Safety and Health Act of 1970.
SEC. 1032. COORDINATION BETWEEN ENVIRONMENTAL PROTECTION AGENCY
AND DEPARTMENT OF LABOR.
The Secretary of Labor, in promulgating regulations under section
1031, shall consult and coordinate with the Administrator of the
Environmental Protection Agency for the purpose of achieving the
maximum enforcement of title IV of the Toxic Substances Control
Act and the Occupational Safety and Health Act of 1970 while
imposing the least burdens of duplicative requirements on those
subject to such title and Act and for other purposes.
SEC. 1033. NIOSH RESPONSIBILITIES.
Section 22 of the Occupational Safety and Health Act of 1970 is
amended by adding the following new subsection at the end
thereof:
"(g) Lead-Based Paint Activities. --
"(1) Training grant program.
"(A) The Institute, in conjunction with the
Administrator of the Environmental Protection Agency, may make
grants for the training and education of workers and supervisors
who are or may be directly engaged in lead-based paint
activities.
"(B) Grants referred to in subparagraph (A) shall be
awarded to nonprofit organizations (including colleges and
universities, joint labor-management trust funds, States, and
nonprofit government employee organizations) --
"(i) which are engaged in the training and
education of workers and supervisors who are or who may be
directly engaged in lead-based paint activities (as defined in
title IV of the Toxic Substances Control Act),
"(ii) which have demonstrated experience in
implementing and operating health and safety training and
education programs, and
"(iii) with a demonstrated ability to reach, and
involve in lead-based paint training programs, target populations
of individuals who are or will be engaged in lead-based paint
activities.
Grants under this subsection shall be awarded only to
those organizations that fund at least 30 percent of their
lead-based paint activities training programs from non-Federal
sources, excluding in-kind contributions. Grants may also be made
to local governments to carry out such training and education for
their employees.
"(C) There are authorized to be appropriated, at a
minimum, $ 10,000,000 to the Institute for each of the fiscal
years 1994 through 1997 to make grants under this paragraph.
"(2) Evaluation of programs. The Institute shall conduct
periodic and comprehensive assessments of the efficacy of the
worker and supervisor training programs developed and offered by
those receiving grants under this section. The Director shall
prepare reports on the results of these assessments addressed to
the Administrator of the Environmental Protection Agency to
include recommendations as may be appropriate for the revision of
these programs. The sum of $ 500,000 is authorized to be
appropriated to the Institute for each of the fiscal years 1994
through 1997 to carry out this paragraph.".
SUBTITLE D -- RESEARCH AND DEVELOPMENT
PART 1 -- HUD RESEARCH
SEC. 1051. RESEARCH ON LEAD EXPOSURE FROM OTHER SOURCES.
The Secretary, in cooperation with other Federal agencies, shall
conduct research on strategies to reduce the risk of lead
exposure from other sources, including exterior soil and interior
lead dust in carpets, furniture, and forced air ducts.
SEC. 1052. TESTING TECHNOLOGIES.
The Secretary, in cooperation with other Federal agencies, shall
conduct research to --
(1) develop improved methods for evaluating lead-based paint
hazards in housing;
(2) develop improved methods for reducing lead-based paint
hazards in housing;
(3) develop improved methods for measuring lead in paint
films, dust, and soil samples;
(4) establish performance standards for various detection
methods, including spot test kits;
(5) establish performance standards for lead-based paint
hazard reduction methods, including the use of encapsulants;
(6) establish appropriate cleanup standards;
(7) evaluate the efficacy of interim controls in various
hazard situations;
(8) evaluate the relative performance of various abatement
techniques;
(9) evaluate the long-term cost-effectiveness of interim
control and abatement strategies; and
(10) assess the effectiveness of hazard evaluation and
reduction activities funded by this Act.
SEC. 1053. AUTHORIZATION.
Of the total amount approved in appropriation Acts under section
1011(o), there shall set aside to carry out this part $ 5,000,000
for fiscal year 1993, and $ 5,000,000 for fiscal year 1994.
PART 2 -- GAO REPORT
SEC. 1056. FEDERAL IMPLEMENTATION AND INSURANCE STUDY.
(a) Federal Implementation Study. The Comptroller General of the
United States shall assess the effectiveness of Federal
enforcement and compliance with lead safety laws and regulations,
including any changes needed in annual inspection procedures to
identify lead-based paint hazards in units receiving assistance
under subsections (b) and (o) of section 8 of the United States
Housing Act of 1937.
(b) Insurance Study. The Comptroller General of the United States
shall assess the availability of liability insurance for owners
of residential housing that contains lead-based paint and persons
engaged in lead-based paint hazard evaluation and reduction
activities. In carrying out the assessment, the Comptroller
General shall --
(1) analyze any precedents in the insurance industry for the
containment and abatement of environmental hazards, such as
asbestos, in federally assisted housing;
(2) provide an assessment of the recent insurance experience
in the public housing lead hazard identification and reduction
program; and
(3) recommend measures for increasing the availability of
liability insurance to owners and contractors engaged in
federally supported work.
SUBTITLE E -- REPORTS
SEC. 1061. REPORTS OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
(a) Annual Report. The Secretary shall transmit to the Congress
an annual report that --
(1) sets forth the Secretary's assessment of the progress
made in implementing the various programs authorized by this
title;
(2) summarizes the most current health and environmental
studies on childhood lead poisoning, including studies that
analyze the relationship between interim control and abatement
activities and the incidence of lead poisoning in resident
children;
(3) recommends legislative and administrative initiatives
that may improve the performance by the Department of Housing and
Urban Development in combating lead hazards through the expansion
of lead hazard evaluation and reduction activities;
(4) describes the results of research carried out in
accordance with subtitle D; and
(5) estimates the amount of Federal assistance annually
expended on lead hazard evaluation and reduction activities.
(b) Biennial Report. --
(1) In general. 24 months after the date of enactment of
this Act, and at the end of every 24-month period thereafter, the
Secretary shall report to the Congress on the progress of the
Department of Housing and Urban Development in implementing
expanded lead-based paint hazard evaluation and reduction
activities.
(2) Contents. The report shall --
(A) assess the effectiveness of section 1018 in making
the public aware of lead-based paint hazards;
(B) estimate the extent to which lead-based paint
hazard evaluation and reduction activities are being conducted in
the various categories of housing;
(C) monitor and report expenditures for lead-based
paint hazard evaluation and reduction for programs within the
jurisdiction of the Department of Housing and Urban Development;
(D) identify the infrastructure needed to eliminate
lead-based paint hazards in all housing as expeditiously as
possible, including cost-effective technology, standards and
regulations, trained and certified contractors, certified
laboratories, liability insurance, private financing techniques,
and appropriate Government subsidies;
(E) assess the extent to which the infrastructure
described in subparagraph (D) exists, make recommendations to
correct shortcomings, and provide estimates of the costs of
measures needed to build an adequate infrastructure; and
(F) include any additional information that the
Secretary deems appropriate.
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