I

103D CONGRESS

1ST SESSION H. R. 1419

To authorize research and evaluation programs for monitoring, detecting,

and abating lead based paint and other lead exposure hazards in housing,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1993

Mrs. MORELLA (for herself and Mr. LEWIS of Florida) introduced the following bill; which was referred jointly to the Committees on Science, Space,

and Technology and Energy and Commerce

A BILL

To authorize research and evaluation programs for monitoring, detecting, and abating lead based paint and other

lead exposure hazards in housing, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—

5 (1) lead is a naturally occurring element which

6 has been used in a variety of industrial applications

7 including radiation shields, storage batteries, paint,

8 and gasoline;
2

•HR 1419 IH

1 (2) 1 in 6 United States children are victims of

2 lead poisoning, according to the Agency for Toxic

3 Substances and Disease Registry;

4 (3) lead poses a significant environmental

5 health problem since adverse effects have been con6 clusively demonstrated at relatively low exposures;

7 (4) lead exposures to children under age 7 are

8 of greatest concern because of its association with

9 significant neurotoxic effects, including reduction in

10 intelligence, attention span deficits, and reading and

11 learning disabilities;

12 (5) the quantity of lead in house dust appears

13 to be the best single indicator of lead levels in the

14 blood of an infant;

15 (6) past efforts to abate lead-based paint have

16 relied on methods which endangered workers and

17 often resulted in more available lead dust for the oc18 cupants;

19 (7) improving methods for testing and abating

20 lead-based paint offers a highly cost effective means

21 of reducing exposures and thus preventing childhood

22 lead poisoning; and

23 (8) the efforts of the Federal Government to

24 develop and disseminate information on the most ef-
3

•HR 1419 IH

1 fective techniques to lower human exposure to lead

2 should be improved.

3 SEC. 2. DETECTION TECHNOLOGIES.

4 (a) EMERGING TECHNOLOGIES RESEARCH.—The

5 Administrator of the Environmental Protection Agency, in

6 consultation with the heads of other appropriate Federal

7 agencies, shall develop methods for conducting evaluations

8 of lead detection products and techniques. The Adminis9 trator shall make available to the public the results of any

10 evaluations conducted by such methods as the results of

11 the evaluations become available.

12 (b) STANDARDIZATION.—Within 2 years after the

13 date of the enactment of this Act, the Director of the Na14 tional Institute of Standards and Technology, in consulta15 tion with the Administrator of the Environmental Protec16 tion Agency, shall establish protocols, criteria, and mini17 mum performance standards to be used in the evaluations

18 described in subsection (a) and to ensure reliable, accu19 rate, and effective lead detection technologies.

20 SEC. 3. LEAD EXPOSURE IN CHILDREN.

21 The Administrator of the Environmental Protection

22 Agency, in consultation with the heads of other appro23 priate Federal agencies, shall conduct a long-term re24 search study to establish the sources of lead exposure for
4

•HR 1419 IH

1 children under the age of seven years. The research shall,

2 to the greatest extent possible—

3 (1) establish profiles for the percentage of such

4 children who have an exposure to a particular lead

5 source (such as lead-based paint and dust from lead6 based paint), and the particular route of such expo7 sure (such as drinking water, food, air, and soil);

8 (2) establish the percentage of each particular

9 kind of exposure and route of exposure described in

10 paragraph (1); and

11 (3) be broken down by region, economic strata,

12 and any other demographic feature the Adminis13 trator considers to be appropriate.

14 SEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MAN15 AGEMENT TECHNIQUES.

16 The Director of the National Institute of Standards

17 and Technology, in consultation with the Administrator of

18 the Environmental Protection Agency and the heads of

19 other appropriate Federal agencies, shall carry out re20 search studies to evaluate which practices and techniques

21 are most effective in reducing human exposure to lead.

22 The research studies shall emphasize the development of

23 new technologies and shall address the cost effectiveness

24 of such practices and techniques. The Administrator shall
5

•HR 1419 IH

1 make available to the public the results of such studies

2 as the results become available.

3 SEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS.

4 (a) RESEARCH.—The Director of the National Insti5 tute of Standards and Technology, in consultation with

6 the Administrator of the Environmental Protection Agen7 cy and the heads of other appropriate Federal agencies,

8 shall conduct research on the safety, efficacy, durability,

9 and other relevant performance properties of lead removal

10 and containment products.

11 (b) STANDARDIZATION.—Within 24 months after the

12 date of enactment of this Act, the Director of the National

13 Institute of Standards and Technology shall establish per14 formance criteria and standards for lead removal and con15 tainment products.

16 SEC. 6. PUBLIC EDUCATION.

17 The Administrator of the Environmental Protection

18 Agency, in cooperation with other appropriate Federal

19 agencies, shall sponsor public education and outreach ef20 forts to increase awareness of the scope, severity, and

21 sources of lead exposure. The Administrator shall focus

22 such public education and efforts in a manner which pro23 vides, to the greatest extent possible, information to the

24 children for whom profiles are established in section 3
6

•HR 1419 IH

1 about the particular kind and route of lead exposure of

2 such children.

3 SEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOT4 LINE.

5 The Administrator of the Environmental Protection

6 Agency shall ensure that any information which is made

7 available to the public pursuant to this Act is made avail8 able through the clearinghouse and hotline established

9 pursuant to section 405(e) of the Toxic Control Sub10 stances Act (15 U.S.C. 2601 et seq.) in addition to any

11 other means of availability the Administrator considers to

12 be appropriate.

13 SEC. 8. STATE PROGRAMS.

14 (a) GRANT ASSISTANCE.—The Governor of a State

15 may apply to the Administrator of the Environmental Pro16 tection Agency for a grant to compile (particularly

17 through the use of questionnaires) data on lead exposure

18 in the State, to coordinate with other States the collection

19 of such data in order to build a national data base on

20 lead exposure, and to carry out public outreach programs

21 on lead exposure.

22 (b) GRANT MANAGEMENT.—

23 (1) CRITERIA FOR SELECTION.—In selecting

24 States for grants under subsection (a) the Adminis25 trator shall review—
7

•HR 1419 IH

1 (A) the previous experience of the State in

2 addressing lead exposure and lead exposure

3 data collection issues;

4 (B) the seriousness of the lead exposure is5 sues identified by the State; and

6 (C) the State standards for techniques and

7 practices to reduce human exposure to lead.

8 (2) AVAILABILITY OF SUFFICIENT FUNDING.—

9 In selecting States for grants under subsection (a),

10 the Administrator shall focus resources to ensure

11 that sufficient funds are available to selected States

12 to provide for comprehensive collection and coordina13 tion of lead exposure data and for sufficient public

14 outreach programs.

15 (3) FEDERAL SHARE OF FUNDING.—The Fed16 eral share of grants under subsection (a) shall not

17 exceed 75 percent of the costs incurred by the State

18 to carry out the activities described in such sub19 section and shall be made on the condition that the

20 non-Federal share is provided from non-Federal

21 funds.

22 (4) AVAILABILITY OF FUNDS.—Funds granted

23 pursuant to subsection (a) in a fiscal year shall re24 main available for obligation for that fiscal year and

25 for the next following fiscal year.
8

•HR 1419 IH

1 (5) LIMITATION ON RECEIPT OF GRANT IN FOL2 LOWING YEAR.—No grant shall be made under this

3 section in any fiscal year to a State which in the

4 preceding year received a grant under this section

5 unless the Administrator determines that such State

6 satisfactorily implemented such grant activities in

7 such preceding fiscal year.

8 (6) INFORMATION REQUIRED IN GRANT APPLI9 CATION.—States shall provide such information in

10 applications for grant assistance and pertaining to

11 grant funded activities as the Administrator re12 quires.

13 (c) COORDINATION.—In carrying out this section, the

14 Administrator shall coordinate with the Director of the

15 National Institute of Standards and Technology.

16 SEC. 9. REPORTS.

17 Not later than 24 months after the date of the enact18 ment of this Act, the Director of the National Institute

19 of Standards and Technology and the Administrator of the

20 Environmental Protection Agency shall jointly submit to

21 the Congress an initial report detailing the activities un22 dertaken by the Director and the Administrator pursuant

23 to this Act, including the results of studies conducted pur24 suant to this Act and any recommendations for adminis25 trative and legislative action that the Director and the Ad-
9

•HR 1419 IH

1 ministrator consider appropriate. After submission of the

2 initial report, the Director and the Administrator shall

3 submit to the Congress an update of the initial report as

4 often as the Director and the Administrator consider nec5 essary.

Æ