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Lead

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.