EVALUATION AND REDUCTION OF LEADRASED PAINT HAZARDS IN FEDERALLY ASSISTED HOUSING.

SEC. 1012. EVALUATION AND REDUCTION OF LEADRASED 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 fol-lowing: “(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 mini-mum, 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 106 STAT. 3905 “(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. 1437H(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.”. 106 STAT. 3906 (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 (S) 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”. (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 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”. (j) Hope for Homeownership of Single Family Homes.—The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) 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) 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 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.”. (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 connec-106 STAT. 3907tion 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 Lead-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. 17151(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.”.