Residential Lead-Based Paint Hazard Reduction Act of 1992, S.2341, 102nd Cong. (1992), https://www.congress.gov/bill/102nd-congress/senate-bill/2341/text. Shown Here: Introduced in Senate   S 2341 IS 102d CONGRESS 2d Session S. 2341 To provide for the assessment and reduction of lead-based paint hazards in housing. IN THE SENATE OF THE UNITED STATES March 11 (legislative day, JANUARY 30), 1992 Mr. CRANSTON (for himself, Mr. D'AMATO, Mr. SARBANES, Mr. KERRY, Mr. LIEBERMAN, and Mr. AKAKA) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for the assessment and reduction of lead-based paint hazards in housing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE- This Act may be cited as the `Residential Lead-Based Paint Hazard Reduction Act of 1992'. (b) TABLE OF CONTENTS- The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. TITLE I--RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION Sec. 101. Grants for lead-based paint hazard reduction in target housing. Sec. 102. Assessment and reduction of lead-based paint hazards in Federal housing programs. Sec. 103. Disposition of federally owned housing. Sec. 104. Comprehensive housing affordability strategy. Sec. 105. Assessment and reduction of lead-based paint hazards under FHA insurance programs. Sec. 106. Task force on private sector financing of lead-based paint hazard reduction. Sec. 107. National consultation on lead-based paint hazard reduction. TITLE II--ASSESSMENT AND REDUCTION INFRASTRUCTURE Sec. 201. Contractor training and certification. Sec. 202. Certification of laboratories. Sec. 203. Guidelines for lead-based paint assessment and reduction activities. Sec. 204. Monitoring of lead-based paint hazard work. Sec. 205. National clearinghouse on childhood lead poisoning. TITLE III--PUBLIC INFORMATION AND TECHNICAL ASSISTANCE Sec. 301. Disclosure of information concerning lead upon transfer of residential property. Sec. 302. General notice requirements. Sec. 303. Public awareness. Sec. 304. Information and warning labels. Sec. 305. Relationship to other laws. TITLE IV--FORMULATION OF A NATIONAL STRATEGY Sec. 401. National strategy. TITLE V--RESEARCH AND DEVELOPMENT Subtitle A--HUD Research Sec. 501. Research on lead exposure from other sources. Sec. 502. Testing technologies. Sec. 503. Authorization. Subtitle B--GAO Report Sec. 511. Insurance study. TITLE VI--REPORTS Sec. 601. Reports of the Secretary of Housing and Urban Development. SEC. 2. 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-1978 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 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 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. 3. PURPOSES. The purposes of this Act are-- (1) to reorient the national approach to the presence of lead-based paint in housing to implement, on a priority basis, a broad program to assess risk and reduce hazards in the Nation's housing stock; (2) to encourage effective action to prevent childhood lead poisoning by establishing a workable framework for lead-based paint hazard assessment and reduction and by ending the current confusion over reasonable standards of care; (3) 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; (4) 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 assessing and reducing lead-based paint hazards; (5) to reduce the threat of childhood lead poisoning in housing owned or assisted by the Federal Government; and (6) to develop a national strategy to build the infrastructure necessary to eliminate lead-based paint hazards in all housing as expeditiously as possible. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) ABATEMENT- The term `abatement' means any measure designed to permanently eliminate lead-based paint hazards. Such term includes-- (A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint and the replacement of lead-painted surfaces and fixtures; and (B) all preparation, cleanup, worker protection, disposal, and postabatement clearance testing activities associated with such measures. (2) ACCESSIBLE SURFACE- The term `accessible surface' means a surface painted with lead-based paint that is accessible for a young child to mouth or chew. (3) ASSESSMENT- The term `assessment' means the evaluation of the nature and severity of lead-based paint hazards using information on the age and condition of the housing, data collected from risk assessments or inspections, and such other information as may be appropriate. (4) CERTIFIED CONTRACTOR- The term `certified contractor' means an inspector, worker, supervisor, contractor, or designer who has completed a training program certified by the appropriate Federal agency and in the case of an inspector, contractor, or supervisor, who has met any other requirements for certification or licensure established by such agency or who has been certified by any State whose certification program has been found by the appropriate Federal agency to be at least as rigorous as the Federal certification program. (5) 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, in whole or in part, as the home or residence of 1 or more persons. (6) FEDERALLY ASSISTED HOUSING- The term `federally assisted housing' means housing assisted under-- (A) section 221(d)(3) or 236 of the National Housing Act; (B) section 101 of the Housing and Urban Development Act of 1965; (C) section 8 of the United States Housing Act of 1937; or (D) section 515 of the Housing Act of 1949. (7) FEDERALLY CHARTERED SECONDARY MORTGAGE INSTITUTION- The term `federally chartered secondary mortgage institution' means an institution chartered by law that buys mortgage loans from originating financial institutions and resells them to investors. Such term includes the Federal National Mortgage Association, the Government National Mortgage Association, and the Federal Home Loan Mortgage Association. (8) FEDERALLY OWNED HOUSING- The term `federally owned housing' means housing owned by a Federal agency, including the Department of Housing and Urban Development, the Farmers Home Administration, the General Services Administration, the Department of Defense, the Department of Veterans Affairs, the Department of the Interior, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, and the Department of Transportation. (9) FEDERALLY SUPPORTED WORK- The term `federally supported work' means any assessment or reduction activities conducted in federally owned or assisted properties 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 a 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. (13) INTERIM CONTROLS- The term `interim controls' means measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, structural repairs, maintenance, painting and temporary containment. (14) LEAD-BASED PAINT- The term `lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by the appropriate Federal agency pursuant to this Act. (15) LEAD-BASED PAINT HAZARD- The term `lead-based paint hazard' means any hazard to human health caused by exposure or likely exposure to lead from lead-contaminated dust, peeling paint, accessible surfaces, friction surfaces, or impact surfaces. (16) LEAD-CONTAMINATED DUST- The term `lead-contaminated dust' means interior house surface dust which contains an area or mass concentration of lead which may pose a threat of adverse health effects in pregnant women or young children, the concentration limits of which shall be established by the appropriate Federal agency pursuant to this Act. (17) LEAD HAZARD REDUCTION- The term `lead hazard reduction' means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. (18) LEAD-SAFE RESIDENTIAL DWELLING- The term `lead-safe residential dwelling' means a residential dwelling that contains no actual or potential lead-based paint hazards or one in which all lead-based paint hazards have been abated. (19) 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. (20) ORIGINATING MORTGAGE INSTITUTION- The term `originating mortgage institution' means a lender that provides mortgage loans, as defined by this section. (21) PEELING PAINT- The term `peeling paint' means any paint that is peeling, chipping, or cracking or any paint located on a surface or fixture that is damaged or deteriorated. (22) 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)). (23) RESIDENTIAL DWELLING- The term `residential dwelling' means-- (A) a single-family dwelling; 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 the existence of lead-based paint hazards, including sampling of lead contained in interior surface dust. (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. TITLE I--LEAD-BASED PAINT HAZARD REDUCTION SEC. 101. GRANTS FOR LEAD-BASED PAINT HAZARD REDUCTION IN TARGET HOUSING. (a) GENERAL AUTHORITY- The Secretary is authorized to provide grants to eligible applicants to assess and reduce lead-based paint hazards in target 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 made available under this section, including an estimate of the amount to be allocated to each activity; (4) a description of the forms of assistance to be employed in using grants made available 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; (2) the extent to which the proposed activities will benefit families that meet the income limits prescribed by section 214 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12744); (3) the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served; (4) the ability of the applicant to leverage State, local, and private funds to supplement the grant made available under this section; (5) the ability of the applicant to carry out the proposed activities; and (6) 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) assess target housing units for lead-based paint hazards; (2) provide for the interim control of lead-based paint hazards; (3) provide for the abatement of lead-based paint hazards; (4) provide for the additional cost of abating lead-based paint hazards in units undergoing renovation funded by other sources; (5) ensure that assessments and other activities are carried out by trained personnel; (6) assist in the temporary relocation of families forced to vacate their housing while lead hazard reduction measures are being conducted; (7) help educate the public on lead-based paint hazards and measures to reduce exposure to such hazards; (8) perform periodic testing of children's blood-lead levels and lead dust levels to assure that exposure to lead-based paint hazards does not increase due to improperly conducted reduction activities; and (9) carry out such other 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, revolving loan funds, loan funds, loan guarantees, and interest write-downs. (g) TECHNICAL ASSISTANCE- (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. (2) SET-ASIDE- Of the total amount approved in appropriation Acts under subsection (m), there shall be set aside to carry out this subsection $2,000,000 for fiscal year 1993 and $2,000,000 for fiscal year 1994. (h) MATCHING REQUIREMENT- Each recipient of grants 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 grant under this section. (i) LIMITATION ON USE- An applicant shall ensure that not more than 10 percent of a grant will be used for administrative expenses associated with the activities funded. (j) 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. (k) REPORT- An applicant under this section shall submit to the Secretary, for any fiscal year in which the applicant receives a grant under this section, a report that-- (1) describes the use of the amounts received; (2) states the number of housing units assessed for lead-based paint hazards; (3) states the number of housing units in which hazards have been reduced through interim controls; (4) states the number of housing units in which hazards have been abated; and (5) provides any other information that the Secretary determines to be appropriate. (l) PROMULGATION OF REGULATIONS- The Secretary shall promulgate regulations for the implementation of this section within 120 days after the date of enactment of this Act. In promulgating such regulations, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Director of the Centers for Disease Control, and national organizations that have expertise in lead-based paint hazards and their reduction. (m) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out this Act, there are authorized to be appropriated $250,000,000 for fiscal year 1993 and $250,000,000 for fiscal year 1994. SEC. 102. ASSESSMENT AND REDUCTION OF LEAD-BASED PAINT HAZARDS IN FEDERAL HOUSING PROGRAMS. (a) GENERAL REQUIREMENTS- Section 302(a) of the Lead-Based Paint Poisoning Prevention Act is amended-- (1) in the first sentence, by inserting before the period `or otherwise assisted under a federal housing program'; (2) in paragraph (1) of the second sentence, by striking `to eliminate as far as practicable immediate hazards due to the presence of accessible intact, intact and nonintact interior and exterior painted surfaces that may contain lead' and insert `to assess, reduce and eliminate as far as practicable lead-based paint hazards'; and (3) by adding after the second sentence, the following new sentence: `Not later than January 1, 1995, such procedures shall require the assessment and reduction of lead-based paint hazards in all federally assisted housing constructed or substantially rehabilitated prior to 1978 and in all target housing that is assisted under a Federal housing program, where the level of Federal assistance exceeds $5,000.'. (b) HOME INVESTMENT PARTNERSHIPS- Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742) 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 assessment and reduction of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (c) 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 assessment and reduction, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (d) SECTION 8 RENTAL ASSISTANCE- Section 8(c)(2)(B) of the United States Housing Act of 1937 is amended by adding at the end the following sentence: `The Secretary may (at the discretion of the Secretary and subject to the availability of appropriations for contract amendments for this purpose), on a project by project basis, provide adjustments to the maximum monthly rents to cover the costs of assessing and reducing lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (e) HOPE FOR PUBLIC AND INDIAN HOUSING HOMEOWNERSHIP- The United States Housing Act of 1937 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) assessments of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992;'; and (2) in section 303(b)-- (A) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and (B) by adding after paragraph (3) the following: `(4) Reduction of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (f) HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY UNITS- The Cranston-Gonzalez National Affordable Housing Act 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) assessments of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992;'; and (2) in section 423(b)-- (A) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and (B) by inserting after paragraph (3) the following: `(4) Reduction of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (g) HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES- The Cranston-Gonzalez National Affordable Housing Act is amended-- (1) in section 442(b)-- (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (B) by inserting after paragraph (3) the following: `(4) assessments of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992;'; and (2) in section 443(b)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; and (B) by inserting after paragraph (3) the following: `(4) Reduction of lead-based paint hazards, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (h) FHA INSURANCE FOR SINGLE FAMILY HOMES- (1) HOME IMPROVEMENT LOANS- Section 2(a) of the National Housing Act is amended in the fourth 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 assessment and reduction of lead-based paint hazards.'; and (B) by adding at the end the following: `(4) the terms `assessment', `lead hazard reduction', and `lead-based paint hazard' have the same meanings given those terms in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (2) REHABILITATION LOANS- Section 203(k)(2)(B) of the National Housing Act is amended by adding at the end the following: `The term `rehabilitation' may also include measures to assess and reduce lead-based hazards, as such terms are defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. (i) FHA INSURANCE FOR MULTIFAMILY HOUSING- Section 221(d)(4)(iv) of the National Housing Act is amended by inserting after the term `rehabilitation' the first time it appears the following: `(including the cost of assessing and reducing lead-based paint hazards, as such terms are defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992)'. SEC. 103. DISPOSITION OF FEDERALLY OWNED HOUSING. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act is amended by adding at the end the following: `Beginning on January 1, 1993, such procedures shall require the inspection and abatement of lead-based paint hazards in all federally owned residential properties constructed prior to 1978, as defined in section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. For purposes of this subsection, the terms `assess', `reduce', `inspection', `abatement', `lead-based paint hazard', `target housing', and `federally assisted housing' shall have the same meanings provided under section 4 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.'. SEC. 104. 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' and inserting a semicolon; (2) in subsection (b)(15), by striking the period and inserting `; and'; (3) by inserting after paragraph (15) in subsection (b) the following new paragraph: `(16) estimate the number of housing units within the jurisdiction that contain lead-based paint hazards, outline the actions proposed or being taken to assess 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 `CONSULTATION WITH SOCIAL SERVICE AGENCIES- ' and inserting: `(e) CONSULTATION WITH SOCIAL SERVICE AGENCIES- `(1) IN GENERAL- '; 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 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. 105. ASSESSMENT AND REDUCTION OF LEAD-BASED PAINT HAZARDS UNDER FHA INSURANCE PROGRAMS. (a) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the policies and procedures (including underwriting standards and appraisal guidelines) governing the provision of mortgage insurance under the National Housing Act to ensure that such policies and procedures address the need to finance the assessment and reduction of lead-based paint hazards. (b) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report-- (1) describing any action taken pursuant to subsection (a); and (2) recommending any legislative action (including changes to loan limits) that is needed to facilitate the financing of assessment and reduction activities. SEC. 106. TASK FORCE ON PRIVATE SECTOR FINANCING OF LEAD-BASED PAINT HAZARD REDUCTION. (a) IN GENERAL- The Secretary shall form a task force to make recommendations on financing the assessment and reduction of lead-based paint hazards in private mortgages, through the policies of Federal agencies and federally chartered financial institutions, primary lending institutions and private mortgage insurers. (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, national organizations representing primary lending institutions, private mortgage insurers, and national organizations that have expertise in lead-based paint hazards. SEC. 107. NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD REDUCTION. In carrying out the purposes of this Act, the Secretary shall consult on an ongoing basis with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and other Federal agencies concerned with lead poisoning prevention and national organizations that have expertise in lead-based paint hazards assessment and reduction. TITLE II--ASSESSMENT AND REDUCTION INFRASTRUCTURE SEC. 201. CONTRACTOR TRAINING AND CERTIFICATION. All federally supported assessment and reduction of lead-based paint hazards shall be conducted by trained contractors certified by the appropriate Federal agency. SEC. 202. CERTIFICATION OF LABORATORIES. All federally supported assessment of lead-based paint hazards shall be conducted in laboratories certified by the appropriate Federal agency. SEC. 203. GUIDELINES FOR LEAD-BASED PAINT ASSESSMENT AND REDUCTION ACTIVITIES. (a) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Secretary, after 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 federally supported risk assessments, inspections, interim controls, and abatements of lead-based paint hazards. (b) STATE AND LOCAL REGULATIONS- Federally supported work shall be conducted in accordance with the guidelines issued under this section unless any State or local regulations impose more stringent standards or requirements than the Federal guidelines, in which case such work shall be conducted in accordance with the State or local regulations. SEC. 204. MONITORING OF LEAD-BASED PAINT HAZARD WORK. (a) MONITORING BY HUD- Not later than 18 months after the date of enactment of this Act, the Secretary shall establish monitoring systems to oversee closely all federally supported efforts to assess and reduce lead-based paint hazards in housing. (b) PENALTY FOR NONCOMPLIANCE- Any contractor who performs lead-based paint hazard work under this Act and who fails to comply with the certification requirements of this title, or who negligently performs such work, shall be subject to the penalty described in subsection (c). (c) DETERMINATION BY SECRETARY- After providing the contractor with notice concerning the nature of the noncompliance and an opportunity to respond, the Secretary shall determine whether the contractor should be declared ineligible to perform any or all work authorized by the Department of Housing and Urban Development. The Secretary may establish procedures for agency review of such determinations, which shall otherwise be final and nonreviewable in any court. (d) OTHER REMEDIES- A penalty under this section does not preclude the Department of Housing and Urban Development, or any party aggrieved by a contractor, from seeking redress through other means. SEC. 205. NATIONAL CLEARINGHOUSE ON RESIDENTIAL LEAD-BASED PAINT POISONING. (a) ESTABLISHMENT- The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control, a National Clearinghouse on Residential Lead-Based Paint Poisoning (hereafter in this section referred to as `Clearinghouse'). (b) MISSION- The Clearinghouse shall-- (1) collect, evaluate, and disseminate current information on the assessment and reduction of lead-based paint hazards in housing; (2) maintain a rapid-alert system to inform certified contractors and grant recipients of significant developments in research related to lead-based paint hazards; and (3) perform any other duty that the Secretary determines necessary to carry out the purposes of this Act. (c) AUTHORIZATION- Of the total amount approved in appropriation Acts under section 101(m) of this Act, there shall be set aside to carry out this section $1,000,000 for fiscal year 1993 and $1,000,000 for fiscal year 1994. TITLE III--PUBLIC INFORMATION AND TECHNICAL ASSISTANCE SEC. 301. DISCLOSURE OF INFORMATION CONCERNING LEAD UPON TRANSFER OF RESIDENTIAL PROPERTY. (a) LEAD DISCLOSURE PROVISIONS IN CONTRACT FOR PURCHASE AND SALE OF TARGET HOUSING- (1) LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS- Within 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations under this subsection for the disclosure of lead-based paint hazards in target housing which is offered for sale. The regulations shall require that before the purchaser is obligated under any contract to purchase the premises, the seller shall-- (A) provide a lead hazard information pamphlet, as prescribed in subsection (c), to the purchaser; (B) disclose to the purchaser the presence of any known lead-based paint or any known lead-based hazards in such housing and provide to the purchaser any lead hazard assessment report available to the seller; and (C) permit the purchaser a period of at least 10 days to have the premises assessed for the presence of lead-based paint hazards. (2) CONTRACT FOR PURCHASE AND SALE- Regulations promulgated under this subsection shall provide that every contract for 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 an opportunity of at least 10 days before becoming obligated under the contract to purchase the premises to have the premises assessed for the presence of lead-based paint hazards. 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. An assessment for possible lead-based paint hazards is recommended prior to purchase.'. Whenever the seller has entered into a contract with an agent for the purpose of selling a unit of target housing, the regulations promulgated under this subsection shall require the agent, on behalf of the seller, to ensure compliance with the requirements of this subsection. (b) LEASE OF TARGET HOUSING- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations to require every lease for a residential dwelling in target housing to contain the following Lead Warning Statement: `Every lessee of any residential dwelling built prior to 1978 is notified that such dwelling 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 lessor of a residential dwelling is required to provide the lessee with any information on lead-based paint hazards from risk assessments or inspections in the lessor's possession and notify the lessee of any known lead-based paint hazards. An assessment for possible lead-based paint hazards is recommended prior to entering into a lease.'. (2) LEAD HAZARD ASSESSMENT- (A) IN GENERAL- Subject to subparagraph (B), the Secretary shall promulgate regulations that require each owner of target housing offered for rent-- (i) to obtain an assessment of any lead-based paint hazards in the dwelling, and (ii) to provide a prospective lessee with a lead hazard report for the premises before executing a lease. (B) CONDITIONS- The Secretary shall promulgate regulations described in subparagraph (A) only after making a determination that-- (i) there are available in all regions of the Nation a sufficient number of individuals certified to carry out the assessment and reduction of lead-based paint hazards, and (ii) the requirement set forth in subparagraph (A) will not have a deleterious impact on the availability of affordable housing for families with children. (C) REPORT TO CONGRESS- Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a report to the Congress outlining the schedule for implementing the requirement set forth in subparagraph (A), specifying any barriers that may impede its implementation in a timely fashion, and recommending any legislative or administrative action necessary to remove such barriers. (c) LEAD HAZARD INFORMATION PAMPHLET- Not later than 2 years after the date of enactment of this Act, after notice and opportunity for comment, the Secretary shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with the sale or lease of target housing. The pamphlet shall-- (1) contain information regarding the health risks associated with exposure to lead; (2) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of child bearing age, and others residing in a dwelling with lead-based paint hazards; (3) describe the risks of renovation in a dwelling with lead-based paint or lead-based paint hazards; (4) provide information on approved methods and devices for lead-based paint hazard reduction and their effectiveness in reducing, eliminating, or preventing exposure to lead-based paint hazards; (5) advise persons how to obtain a list of contractors certified pursuant to section 201 in lead-based paint hazard reduction in the area in which the pamphlet is to be used; (6) provide information on the presence of lead-based paint or lead-based paint hazards in target housing; (7) state that a lead-based paint hazard assessment is recommended prior to the purchase, lease, or renovation of target housing; and (8) provide information on approved methods and devices for lead-based paint hazard assessment, and advise persons how to obtain a list of contractors certified pursuant to section 201 in lead-based paint hazard assessment in the area in which the pamphlet is to be used. (d) PENALTIES FOR VIOLATIONS- (1) MONETARY PENALTY- Any person who knowingly violates any provision of this section shall be fined an amount not to exceed $5,000. (2) CIVIL LIABILITY- Any person who knowingly violates the provisions of this section shall be jointly and severally liable to the mortgage applicant, purchaser or lessee in an amount equal to 3 times the amount of damages incurred by such individual. (3) ACTION BY SECRETARY- The Secretary is authorized to take such lawful action as may be necessary to enjoin any violation of this section. (4) COSTS- In any civil action brought for damages pursuant to paragraph (2) of this section, the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees, if the party prevails. (e) 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. (f) EFFECTIVE DATE- Regulations promulgated under this section shall take effect 3 years after the date of enactment of this Act. SEC. 302. GENERAL NOTICE REQUIREMENTS. Section 302(a)(2) of the Lead-Based Paint Poisoning Prevention Act is amended-- (1) after `purchasers', by inserting `, owners,'; and (2) by striking `and of the importance and availability of maintenance and removal techniques for eliminating such hazards.' and inserting `of the importance and availability of techniques designed to assess, reduce and eliminate such hazards, and of the availability of Federal assistance for undertaking assessment and reduction activities. In the case of housing where assessment and reduction activities have been undertaken, the notification shall also contain a description of the nature and scope of such activities and available information on the location of any remaining lead-based paint on a surface-by-surface basis.'. SEC. 303. PUBLIC AWARENESS. (a) IN GENERAL- The Secretary, in cooperation with the heads of other appropriate Federal agencies, shall develop and undertake a campaign to increase public awareness of the dangers of childhood lead poisoning. The campaign shall be designed-- (1) to inform the public of the health consequences of lead exposure; (2) to describe how to assess and reduce lead-based paint hazards; and (3) to provide advice about measures to reduce the risk of lead exposure. The campaign carried out under this subsection shall target parents of young children and persons involved in the rental, sale, and renovation of residential properties. (b) COORDINATION- The Secretary shall coordinate activities carried out under this section with the President's Committee on Environmental Quality and any other public education efforts being undertaken by Federal agencies. (c) LEAD HAZARD HOTLINE- The Secretary, in cooperation with other Federal agencies and with State and local governments, shall establish a lead hazard hotline to provide the public with quick, easy-to-understand answers to basic questions about lead-based paint poisoning. (d) AUTHORIZATION- Of the total amount approved in appropriation Acts under section 101(m), there shall be set aside to carry out this section $2,000,000 for fiscal year 1993 and $2,000,000 for fiscal year 1994. SEC. 304. INFORMATION AND WARNING LABELS. (a) INFORMATION- The Secretary, 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. (b) WARNING LABELS- Each manufacturer of hand tools, determined by the Commissioner of the Consumer Product Safety Commission to be commonly used for renovation or remodeling of residential painted surfaces, shall affix an appropriate warning label, as developed by the Commissioner, to advise users to obtain information regarding the hazards of renovation and remodeling in the presence of lead-based paint before such users engage in any activities that could cause hazardous exposures. SEC. 305. RELATIONSHIP TO OTHER LAWS. (a) STATE LAWS- Nothing in this title shall annul, alter, affect or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to the provision of information concerning lead, except to the extent that the Secretary determines that any such law is inconsistent with this section, in which event, such law shall be affected only to the extent of remedying the inconsistency. (b) ESTABLISHMENT OF MORE STRINGENT STANDARDS- Nothing in this title shall be construed as precluding a State from establishing any standard of liability or other requirement concerning the disclosure of information concerning lead that is more stringent than the requirements of this title. TITLE IV--FORMULATION OF A NATIONAL STRATEGY SEC. 401. NATIONAL STRATEGY. (a) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary shall formulate a national strategy for eliminating lead-based paint hazards in housing. (b) OBJECTIVE- The objective of the national strategy is to enable State and local governments to assess and reduce lead-based paint hazards within their respective jurisdictions as soon as practicable and to encourage and assist private sector efforts. (c) CONTENTS- The national strategy shall-- (1) identify the infrastructure needed to eliminate lead-based paint hazards in all housing as expeditiously as possible, including cost-effective technology, uniform regulations, trained and certified contractors, certified laboratories, liability insurance, private financing techniques, and appropriate Government subsidies; (2) assess the extent to which the infrastructure described in paragraph (1) already exists; (3) describe any legislative or administrative actions that may be necessary to develop the infrastructure described in paragraph (1) in order to meet the goal set forth in paragraph (1); and (4) estimate the costs of carrying out actions proposed under paragraph (3). TITLE V--RESEARCH AND DEVELOPMENT Subtitle A--HUD Research SEC. 501. 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 lead and interior lead dust in carpets, furniture, and forced air ducts. SEC. 502. TESTING TECHNOLOGIES. The Secretary, in cooperation with other Federal agencies, shall conduct research to-- (1) develop improved methods for assessing 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 hazard reduction and abatement methods, including 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 assessment and reduction activities funded by this Act. SEC. 503. AUTHORIZATION. Of the total amount approved in appropriation Acts under section 101(m), there shall be set aside to carry out this section $5,000,000 for fiscal year 1993 and $5,000,000 for fiscal year 1994. Subtitle B--GAO Report SEC. 511. 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 assessment and reduction activities. In carrying out the assessment, the Comptroller General shall analyze any precedents in the insurance industry for the containment and abatement of environmental hazards in housing, such as asbestos, and shall provide an assessment of the recent insurance experience in the public housing program and shall recommend measures for increasing the availability of liability insurance. TITLE VI--REPORTS SEC. 601. 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 Act; (2) summarizes the most current health and environmental studies on childhood lead poisoning, including studies that analyze the relationship between reduction 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 assessment and reduction; (4) describes the results of research carried out in accordance with title V of this Act; and (5) estimates the amount of Federal assistance annually expended on assessment and reduction activities. (b) BIENNIAL REPORT- (1) IN GENERAL- 24 months after the date of enactment of this Act, and 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 the provisions of section 301. (2) CONTENTS- The report shall-- (A) include a statement as to the effectiveness of section 301 in making the public aware of the dangers of lead; (B) describe the extent to which lead-based paint hazard assessment and reduction is occurring as a result of the administration of section 301; and (C) include any additional information that the Secretary deems appropriate.