LEAD-BASED PAINT POISONING PREVENTION.

SEC. 566. LEAD-BASED PAINT POISONING PREVENTION. (a) Detection and Abatement Procedures.— Section 302 of the Lead-Based Paint Poisoning Prevention Act is amended— (1) by inserting after the section designation the following: “(a) General Requirements.—”; (2) in the second sentence, by striking “housing constructed prior to 1950” and inserting the following: “housing constructed or substantially rehabilitated prior to 1978”; (3) in clause (1) of the second sentence, by striking “paint which may contain lead and to which children may be exposed” and inserting the following: “accessible intact, intact, and nonintact interior and exterior painted surfaces that may contain lead in any such housing in which any child who is less than 7 years of age resides or is expected to reside”; (4) in clause (2) of the second sentence, by inserting after “notification” the following: “(using a brochure developed after consultation with the National Institute of Building Sciences)”; (5) by striking the third sentence; and 101 STAT. 1946 (6) by adding at the end the following new subsections: “(b) Measurement Criteria.— The procedures established by the Secretary under this section for the detection and abatement of lead-based paint poisoning hazards in any housing, including housing assisted under section 8 of the United States Housing Act of 1937— “(1) shall be based upon criteria that measure the condition of the housing; and “(2) shall not be based upon criteria that measure the health of the residents of the housing. “(c) Inspection Requirements.— The Secretary shall require the inspection of all intact and nonintact interior and exterior painted surfaces of housing subject to this section for lead-based paint using an approved x-ray fluorescence analyzer or comparable approved sampling or testing technique. A qualified inspector shall certify in writing the precise results of the inspection. If the results equal or exceed a level of 1.0 milligrams per centimeter squared, the results shall be provided to any potential purchaser or tenant of the housing. The Secretary shall periodically review and reduce the level below 1.0 milligram per centimeter squared to the extent that reliable technology makes feasible the detection of a lower level and medical evidence supports the imposition of a lower level. The requirements of this subsection shall apply as provided in subsection (d). “(d) Abatement Required.— “(1) Public housing.— In the case of public housing assisted under section 9 of the United States Housing Act of 1937, the Secretary shall require the inspection described in subsection (c) for— “(A) each vacant dwelling prior to rerenting; “(B) a random sample of all occupied dwellings; and “(C) each dwelling in any housing in which there is a dwelling determined under subparagraph (A) or (B) to have lead-based paint hazards. The Secretary shall require the inspection of all housing subject to this paragraph prior to the expiration of 5 years from the date of the publication of final regulations pursuant to this subsection. The Secretary shall prioritize, within such 5-year period, inspections on the basis of vacancy, age of housing, or projected modernization or rehabilitation. The Secretary shall require abatement to eliminate the lead-based paint poisoning hazards in housing in which the test results equal or exceed the standard established by or under subsection (c). Final inspection and certification after abatement shall be made by a qualified inspector. “(2) HUD-owned properties.— “(A) Abatement demonstration program.— In carrying out the requirements of this subsection with respect to single-family and multifamily properties owned by the Department of Housing and Urban Development, the Secretary shall utilize a sufficient variety of abatement methods in a sufficient number of areas and circumstances to demonstrate their relative cost-effectiveness and their applicability to various types of housing. “(B) Report.— Not later than 18 months after the effective date of the regulations issued to carry out this subsection, the Secretary shall transmit to the Congress the findings and recommendations of the Secretary as a result 101 STAT. 1947of the demonstration program, including any recommendations of the Secretary for legislation to revise the requirements of this subsection. In preparing such report, the Secretary shall examine— “(i) the most reliable technology available for detecting lead-based paint; “(ii) the most efficient and cost-effective methods for abatement; “(iii) safety considerations in testing; “(iv) the overall accuracy and reliability of laboratory testing of physical samples, x-ray fluorescence machines, and other available testing procedures; “(v) availability of qualified samplers and testers; and “(vi) an estimate of the amount, characteristics, and regional distribution of housing in the United States that contains lead-based paint hazards at differing levels of contamination. “(3) Report required.— Not later than 9 months after completion of the demonstration required by paragraph (2), the Secretary shall, based on the demonstration, prepare and transmit to the Congress, a comprehensive and workable plan, including any recommendations for changes in legislation, for the prompt and cost effective inspection and abatement of privately owned single family and multifamily housing, including housing assisted under section 8 of the United States Housing Act of 1937. After the expiration of the 9-month period referred to in the preceding sentence, the Secretary may not obligate or expend any funds or otherwise carry out activities related to any other policy development and research project until the report is transmitted. “(e) Exceptions.— The provisions of this section shall not apply “(1) housing for the elderly or handicapped, except for any dwelling in such housing in which any child who is less than 7 years of age resides or is expected to reside; “(2) any project for which an application for insurance is submitted under section 231, 232, 241, or 242 of the National Housing Act; or “(3) any 0-bedroom dwelling. “(f) Funding.— The Secretary shall carry out the provisions of this section utilizing available Federal funding sources. The Secretary shall use funds available for comprehensive improvement assistance under section 14 of the United States Housing Act of 1937 to carry out this section in public housing.”. (b) Regulations.— (1) Proposed regulations.— Not later than the expiration of the 60-day period following the date of the enactment of this Act, the Secretary of Housing and Urban Development shall publish proposed regulations to carry out the amendments made by this section. (2) Final regulations.— The Secretary shall publish final regulations to carry out the amendments made by this section, which shall become effective not later than the expiration of the 120-day period following the date of the enactment of this Act. (3) Required consultations.— Before issuing proposed regulations under this subsection, the Secretary shall consult with— 101 STAT. 1948 (A) the National Institute of Building Sciences and the National Bureau of Standards with respect to the most cost-effective methods of detecting and abating lead-based paint poisoning hazards; and (B) public housing agencies to develop a cost-efficient plan for detecting and abating lead-based paint poisoning hazards in dwelling assisted under section 8 of the United States Housing Act of 1937 and dwellings in public housing assisted under such Act.