LEAD-BASED PAINT POISONING PREVENTION.

SEC. 1088. LEAD-BASED PAINT POISONING PREVENTION. (a) Inspection.— Section 302(d)(1) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822id)(1)) is amended— (1) by striking the paragraph caption and inserting the following: “Transitional testing and abatement in public housing receiving ciap assistance.—”; (2) by striking “section 9” in the first sentence and inserting “section 14”; (3) by striking subparagraphs (A), (B), and (C) in the first sentence and inserting the following: “(A) a random sample of dwellings and common areas in all public housing projects assisted under such section; and “(B) each dwelling in any public housing project in which there is a dwelling determined under subparagraph (A) to have lead-based paint hazards, except that the Secretary shall not require the inspection of each dwelling if the Secretary requires the abatement of the lead-based paint hazards for the surfaces of each dwelling in the public housing project that correspond to the surfaces in the sample determined to have such hazards under subparagraph (A).”; (4) by striking the second and third sentences and inserting the following: “The Secretary shall require the inspection of all housing subject to this paragraph in accordance with the modernization schedule. A public housing agency may elect to test for lead-based paint using atomic absorption spectroscopy and may elect to abate lead-based paint and dust containing lead under standards more stringent than that in subsection (c),102 STAT. 3281 including the abatement of lead-baaed paint and dust which exceeds the standard of lead permitted in paints by the Consumer Product Safety Commission under this Act, and such abatement shall qualify for assistance under section 14 of the United States Housing Act of 1937.”; and (5) by inserting before the period at the end of the last sentence the following; “, industrial hygienist, or local public health official”. (b) Abatement Demonstration.— Section 302(d)(2) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(d)(2)) is amended— (1) by striking the paragraph caption and inserting the following: “Abatement demonstration program.—”; (2) in subparagraph (A)— (A) by inserting after “Urban Development” the following: “and public housing”; and (B) by adding at the end the following new sentence: “For purposes of the demonstration, a public housing agency may elect to test for lead-based paint using atomic absorption spectroscopy and may elect to abate lead-based paint and dust containing lead under standards more stringent than that in subsection (c), including the abatement of lead-based paint and dust which exceeds the standard of lead permitted in paints by the Consumer Product Safety Commission under this Act, and such abatement shall qualify for assistance under section 14 of the United States Housing Act of 1937.”; and (3) in subparagraph (B), by inserting after the first sentence the following new sentence: “Based on the demonstration, the Secretary shall prepare and include in the report a comprehensive and workable plan for the cost-effective inspection and abatement of public housing in accordance with paragraph (3), including an estimate of the total cost of abatement in accordance with paragraph (3MB).”. (c) Reports.— Section 302(d)(2)(B) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(d)(2)(B)) is amended— (1) in clause (i), by inserting “, including X-ray fluorescence and atomic absorption spectroscopy” before the semicolon; (2) in clause (ii), by inserting “, including removal, containment, or encapsulation of the contaminated components, procedures which minimize the generation of dust (including the high efficiency vacuum removal of leaded dust), and procedures that provide for offsite disposal of the removed components, in compliance with all applicable regulatory standards and procedures” before the semicolon; (3) in clause (iii), by inserting “, abatement, and worker protection” before the semicolon; (4) by striking “and” at the end of clause (v); (5) by striking the period at the end of clause (vi) and inserting “; and ”; and (6) by adding at the end the following new clause: “(vii) the merits of an interim containment protocol for public housing dwellings that are determined to have lead-based paint hazards but for which comprehensive improvement assistance under section 14 of the United States Housing Act of 1937 is not available.”. 102 STAT. 3282 (d) Public Housing Inspection.— Section 302(d) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(d)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: “(3) Testing and abatement of other public housing.— “(A) Required inspection.— The Secretary shall require the inspection described in subsection (c) for— “(i) a random sample of dwellings and common areas in all public housing that is not subject to paragraph (1); and “(ii) each dwelling in any public housing project in which there is a dwelling determined under clause (i) to have lead-based paint hazards, except that the Secretary shall not require the inspection of each dwelling if the Secretary requires the abatement of the lead-based paint hazards for the surfaces of each dwelling in the public housing project that correspond to the surfaces in the sample determined to have such hazards under clause (i). “(B) Schedule.— The Secretary shall require the inspection of all housing subject to this paragraph prior to the expiration of 5 years after the report is required to be transmitted under paragraph (2)(B). The Secretary may 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 and final inspection and certification of such housing in accordance with the last two sentences of paragraph (1).”. (e) Funding.— Section 302(f) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(f)) is amended by adding at the end the following new sentence: “The Secretary shall submit annually to the Congress an estimate of the funds required to carry out the provisions of this section with the reports required by paragraphs (2)(B) and (4).”. (f) Detection Technique.— Section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(c)) is amended— (1) in the first sentence, by inserting after “fluorescence analyzer” the following: “, atomic absorption spectroscopy,”; and . (2) in the second sentence, by inserting after “A qualified inspector” the following: “or laboratory”. (g) Consultation.— Section 566(b) of the Housing and Community Development Act of 1987 is amended— (1) in the caption, by inserting “and Consultation” after “Regulations”; and (2) in paragraph (3)— (A) by striking “under this subsection” and inserting “and in preparing reports under this section”; and (B) in subparagraph (A), by inserting after “Building Sciences” the following: “, the Environmental Protection Agency, the National Institute of Environmental Health Sciences, the Centers for Disease Control, the Consumer Product Safety Commission, major public housing organizations, other major housing organizations,”. (h) Interpretation of Section.— Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822) is amended by adding at the end the following new subsection: 102 STAT. 3283 “(g) Interpretation of Section.— This section may not be construed to affect the responsibilities of the Environmental Protection Agency with respect to the protection of the public health from hazards posed by lead-based paint.”.