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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
The State shall protect and promote the right to health of the people 
and instill health consciousness among them. 
Lead poisoning in residential environments is a major problem. The main source 
of lead poisoning among children is the dust that comes from chipping lead-based pain or 
dust that is created during residential repainting and remodelling projects or from 
deteriorating or abraded lead-based paint. 
The government should address this problem. Even low levels of lead in the body 
are harmful and are associated with reduced intelligence and attention span, hearing loss, 
stunted growth, reading and learning problems and behavioral difficulties. 
This-bill seeks to reduce the danger posed by lead-based paint hazards by abating 
lead-based paint and by taking measures to prevent paint deterioration and limit 
children's exposure to lead dust and chips. 


FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ENVIRONMENTS 
TO REDUCE LEAD-BASED PAINT HAZARDS IN RESIDENTIAL 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congress assembled: 
SECTION 1. Short Title. - 'This Act shall be known as the "Paint Hazard 
Reduction Act of 2008." 
SECTION 2. Purposes. - The purposes of this Act are - 
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(A) to develop a national strategy to build the infrastructure necessary to eliminate 
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lead-based paint hazards in all housing as expeditiously as possible; 
(E%) to reorient the national approach to the presence o f lead-based paint in 
housing to implement, on a priority basis, a broad program to evaluate and reduce lead- 
based paint hazards in the country's housing stock; 
(C) to encourage effective action to prevent childhood lead poisoning by 
establishing a workable framework for lead-based paint hazard evaluation and reduction 
and ending the current confusion over reasonable standards of care; 
(D) to ensure that the existence of lead-based paint hazards is taken into account 
in the deve1opment;fgovemment housing policies and in the sale, rental, and renovation 
of homes and apartments; 
(E) to mobilize national resources expeditiohsly, through a partnership among all 
levels of government and the private sector, to develop the most promising, cost-effective 
methods for evaluating and reducing lead-based paint hazards; 
(F) to reduce the threat of childhood lead poisoning in housing owned, assisted, or 
transferred by the government; and 
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(G) to educate the public concerning the hazards and sources of lead-based paint 
poisoning and steps to reduce and eliminate such hazards. 
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SECTION 3. Definitions. - For the purposes of this Act, the following definitions 
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shall apply: 
(A) The term “abatement” means any set of measures designed to permanently 
eliminate lead-based paint hazards in accordance with standards established by 
appropriate agencies. Such term includes: 
(1) the removal of lead-based paint and lead-contaminated dust, the 
permanent containment or encapsulation of lead-based paint, the replacement of 
lead-painted surfaces or fixtures, and the removal or covering of lead 
contaminated soil; and 
(2) all preparation, cleanup, disposal and post abatement clearance testing 
activities associated with such measures. 
(B) The term “accessible surface” means an interior or exterior surface painted 
with lead-based paint that is accessible for a young child to mouth or chew. 
(C) The term “certified contractor” means - 
(1) a contractor, inspector, or supervisor who has completed a training 
program certified by the appropriate agency and has met any other requirements 
for certification or licensure established by such agency; and 
(2) workers or designers who have hlly met training requirements 
established by the appropriate agency. 
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(D) 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 one or-more residential dwellings used or occupied, or 
intended to be used or occupied, or intended to be used or occupied, in whole or in part, 
as the home or residence of one or more persons. 
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(E) The term “deteriorated paint” means any interior or exterior paint that is 
peeling, chipping, chalking or cracking or any paint located on an interior or exterior 
surface or fixture that is damaged or deteriorated. 
(F) The term “evaluation” means a risk assessment, inspection, or risk assessment 
and inspection. 
(G) The term “friction surface” means an interior or exterior surface that is 
subject to abrasion or friction, including certain window, floor and stair surfaces. 
(H) 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. 
(I) The term “inspection” means a surface-by-surface investigation to determine 
the presence of lead-based paint and the provision of a report explaining the results of the 
investigation. 
(J) The term “interim controls” means a set of measures designed to reduce 
temporarily human exposure or exposure to lead-based paint hazards, including 
specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing 
monitoring of lead- based paint hazards or potential hazards, and the establishment and 
operation of management and resident education programs. 
(IC) The term “lead-based paint hazard” means any condition that causes exposure 
to lead from lead-contaminated dust, lead contaminated soil, lead-contaminated paint that 
is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that 
would result in adverse human health effects as established by the appropriate agency. 
(L) The term “lead-contaminated dust” means surface dust in residential 
dwellings that contains an area or mass concentration of lead in excess of levels 
determined by the appropriate agency and pose a threat of adverse health effects in 
pregnant women or young children. 
(M) The term “lead-contaminated soil” means bare soil in residential real property 
that contains lead at or in excess of the levels determined to be hazardous to human 
health by the appropriate agency. 
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(N) The term “reduction” means measures designed to reduce or eliminate human 
exposure to lead-based paint hazards through methods including interim controls and 
abatement. 
(0) The term “residential dwelling” means - 
(1) a single-family dwelling, including attached structures such as porches 
and stoops; or 
(2) a single-family dwelling unit in a structure that contains more than on 
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 one or more persons. 
(P) The term “residential real property” means real property on which there is 
situated one 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 one or more persons. 
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(Q) The term “risk assessment” means an on-site investigation to determine and 
report the existence, nature, severity and location of lead-based paint hazards in the 
residential dwellings, including - 
(1) information gathering regarding the age and history of the housing and 
occupancy by children under age 6; 
(2) visual inspection; 
(3) limited wipe sampling or other environmental sampling techniques; 
(4) other activity as may be appropriate; and 
(5) provision of a report explaining the results of the investigation. 
(R) The term “Chairman” means the Chairman of Housing and Urban 
Development Consultative Council. 
(S) The term “Secretary” means the Secretary of Environment and Natural 
Resources. 
(T) 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 
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less than six (6) years of age resides or is expected to reside in such housing for 
the elderly or persons with disabilities) or any zero-bedroom dwelling. 
(U) The term “lead-based paint activities” means - 
(1) in the case of target housing, risk assessment, inspection, and 
abatement; and 
(2) in the case of any public building constructed before 1978, 
commercial building, bridge, or other structure or super-structure, 
identification of lead-based paint and materials containing lead-based 
paint, deleading, removal of lead from bridges, and demolition. For 
purposes of 21, the term “deleading” means activities conducted by a 
person who offers to eliminate lead-based paint or lead-based paint 
hazards or to plan such activities. 
TITLE A - LEAD EXPOSURE REDUCTION 
SECTION 4. Lead-Based Paint Activities Training and Certzjication. - (A) 
Regulations - (1) In general - Not later than 18 months after the date of the enactment of 
this section, the Secretary of Environment, shall in consultation with the Secretary of 
Labor, the Chairman, and the Secretary of Health, promulgate final regulations governing 
lead-based paint activities to ensure - 
(a) that individuals engaged in such activities are properly trained; 
(b) that training programs are accredited; and 
(c) that contractors engaged in such activities are certified. 
Such regulations shall contain standards for performing lead-based paint 
activities, taking into account reliability, effectiveness and safety. Such regulations shall 
require that all risk assessment, inspection and abatement activities performed in target 
housing shall be performed by certified contractors. 
(2) Accreditation of training programs - Final regulations promulgated 
under (A) shall contain specific requirements for the accreditation of lead-based 
paint activities training programs for workers, supervisors, inspectors and 
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planners, and other individuals involved in lead-based paint activities, including, 
but not limited to, each of the following: 
(a) Minimum requirements for the accreditation of training 
requirements 
(b) Minimum training curriculum requirements; 
(c) Minimum training hour requirements; 
(d) Minimum hands-on training requirements; 
(e) Minimum trainee competency and proficiency requirements; 
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(3) Accreditation and certification fees - The Secretary shall impose a fee 
on -- 
(a) persons operating training programs accredited under this title; 
and 
(b) lead-based paint activities contractors certified in accordance 
with paragraph (A). 
The fees shall be established at such level as is necessary to cover the costs of 
administering and enforcing the standards and regulations under this section which are 
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based paint activities contractors under subparagraph (i) for the purpose of training their 
own employees. 
(B) Renovation and Remodelling - (1) Guidelines - In order to reduce the risk of 
exposure to lead in connection with renovation and remodelling of target housing, public 
buildings constructed before 1978, and commercial buildings, the Secretary shall, within 
18 months after the enactment of this section, promulgate guidelines for the conduct of 
such renovation and remodelling activities which may create a risk of exposure to 
dangerous levels of lead. The Secretary shall disseminate such guidelines to persons 
engaged in such renovation and remodelling through hardware and paint stores, employee 
organizations,-trade groups, and through other appropriate means. 
(2) Study of certification - The Secretary shall conduct a study of the 
extent to which persons engaged in various types of renovation and remodelling 
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activities in target housing, public buildings constructed before 1978, and 
commercial buildings are exposed to lead on a regular or occasional basis. The 
Secretary shall complete such study and publish the results thereof within 30 
months after the enactment of this section. 
(3) Certification determination - Within 4. years after the enactment of 
this section, the Secretary shall revise the regulations under subsection (1) to 
apply the regulations to renovation or remodelling activities in target housing, 
public buildings constructed before 1978, and commercial buildings that create 
lead-based paint hazards. In determining which contractors are engaged in such 
activities, the Secretary shall utilize the results of the study under paragraph (2) 
and consult with the representatives of labor organizations, lead-based paint 
activities contractors, persons engaged in remodelling and renovation, experts in 
lead health effects, and others. If the Secretary determines that a category of 
contractors engaged in renovation or remodelling does not require certification, 
the Secretary shall publish an explanation of the basis for that determination. 
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SECTION 5. Identijkation of Dangerous Levels of Lead. - Within 18 months 
after the enactments of this title, the Secretary shall promulgate regulations which 
purposes of this title, lead-based paint hazards, lead-contaminated dust, and contaminated 
soil. 
SECTION 6. Lead Abatement and Measurement. - 
(A) Program to Promote Lead Exposure Abatement - The Secretary, in 
cooperation with other appropriate departments and agencies, shall conduct a 
comprehensive program to promote safe, effective, and affordable monitoring, detection, 
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(B) Standards for Environmental Sampling Laboratories - (1) The Secretary, shall 
establish protocols, criteria, and minimum performance standards for laboratory analysis 
of lead in paint films, soil, and dust. Within two (2) years after the enactment of this title, 
the Secretary, in consultation with the Secretary of Health, shall establish a program to 
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certify laboratories as qualified to test substances for lead content unless the Secretary 
determines, by the date specified in this paragraph, that effective voluntary accreditation 
programs are in place and operating on a nationwide basis at the time of such 
determination. To be certified under such program, a laboratory shall, at a minimum, 
demonstrate an ability to test substances accurately for lead content. 
(2) 
Not later than twenty-four (24) months after the date of enactment 
of this section, and annually thereafter, the Secretary shall publish and make 
available to the public a list of certified accredited environmental sampling 
laboratories. 
(3) 
If the Secretary determines, under paragraph (1) that effective 
voluntary accreditation programs are in place for environmental sampling 
laboratories, the Secretary shall review the performance and effectiveness of such 
programs within three (3) years after such determination. If, upon such review, 
the Secretary determines that the voluntary accreditation programs are not 
effective in assuring the quality and consistency of laboratory analyses, the 
Secretary shall; not more than 12 months thereafter, establish a certification 
program that meets the requirements of paragraph (a). 
(C) Exposure Studies - (1) The Secretary of Health (hereafter in this subsection 
referred to as the ‘Secretary’), shall conduct a study of the sources of lead exposure in 
children who have elevated blood lead levels (or other indicators of elevated lead body 
burden). 
(2) The Secretary shall conduct a comprehensive study of mean to reduce 
hazardous occupational lead abatement exposures. This study shall include, at a 
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um, each of the following - 
(a) Surveillance and intervention capability to identify and prevent 
hazardous exposures to lead abatement workers. 
(b) Demonstration of lead abatement control methods and devices 
and work practices to identify and prevent hazardous lead exposures in the 
workplace. 
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(c) Evaluation of health effects of low and high levels of 
occupational lead exposures on reproductive, neurological, renal, and 
cardiovascular health. 
(d) Identification of high risk occupational settings to which 
prevention activities and resources should be targeted. 
(e) A study assessing the potential exposures and risks from lead to 
janitorial and custodial workers. 
(3) The studies described in paragraphs (A) and (B) shall, as appropriate, 
examine the relative contributions to elevated lead body burden from each of the 
following: 
(a) Drinking water, 
(b) Food. 
(c) Lead-based paint and dust f?om lead-based paint. 
(d) Exterior sources such as ambient air and lead in soil. 
(e) Occupational exposures, and other exposures that the Secretary 
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determines to be appropriate. 
(4) Not later than thirty (30) months after the date of the enactment of this 
section, the Secretary shall submit a report to the Congress concerning the studies 
described in paragraphs (1) and (2). 
(D) Public Education. (1) The Secretary, in conjunction with the Secretary of 
Health, shall sponsor public education and outreach activities to increase public 
awareness of - 
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sources; 
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day care centers; 
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those of childbearing age; 
(a) the scope and severity of lead poisoning from household 
(b) potential exposure to sources of lead in schools and childhood 
(c) the implications of exposures for men and women, particularly 
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(d) the need for careful, quality, abatement and management 
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actions; 
(e) the need for universal screening of children; 
(Q other components of a lead-poisoning prevention program; 
(g) the health consequences of lead exposure resulting €rom lead- 
based paint hazards; 
(h) risk assessment and inspection methods for lead-based paint 
hazards; and 
(i) measures to reduce the risk of lead exposure from the lead- 
based paint. 
(2) The activities described in paragraph (1) shall be designed to provide 
educational services and information to - 
(a) health professionals; 
(b) the general public, with emphasis on parents of young children; 
(c) homeowners, landlords and tenants 
(d) consumers of home improvement products; 
(e) residential real estate indushy; and 
(0 the home renovation industry 
(3) The Secretary 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. 
(E) Technical Assistance. - (1) Clearinghouse. Not later than (6) months after the 
enactment of this subsection, the Secretary shall establish, in consultation with the 
Chairman, a National Clearinghouse on Childhood Lead Poisoning (hereinafter in this 
section referred to as (“Clearinghouse”). The Clearinghouse shall - 
(a) collect, evaluate and disseminate current information on the 
assessment and reduction of lead-based hazards, adverse health effects, 
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sources of exposure, 
detection and risk 
assessment methods, 
environmental hazards abatement, and clean-up standards; 
(b) maintain a rapid-alert system to inform certified lead-based 
paint activities contractors of significant developments in research related 
to lead-based paint hazards; and 
(c) perform any other duty that the Secretary determines necessary 
to achieve the purposes of this Act. 
(2) Hotline - Not later than six (6) months after the enactment of this subs 
section, the Secretary, in cooperation with other agencies and local governments, 
shall establish a. single lead-based paint hazard hotline to provide the public with 
answers to questions about lead poisoning prevention and referrals to the 
Clearinghouse for technical information. 
(F) Products for Lead-Based Paint Activities - Not later than 30 months after the 
date of enactment of this section, the President shall, after notice and opportunity for 
comment, establish by rule appropriate criteria, testing protocols, and performance 
characteristics as are necessary to ensure, to the greatest extent possible and consistent 
with the purposes and policy of this title, that lead-based paint hazards evaluation and 
reduction products introduced into commerce after a period specified in the rule are 
effective for the intended use described by the manufacturer. The rule shall identify the 
types or classes of products that are subject to such rule. The President, in 
implementation of the rule, shall to the maximum extent possible, utilize independent 
testing laboratories, as appropriate, and consult with such entities and others in 
developing the rules. The President may delegate the authorities under this subsection to 
the Secretary or such other 
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SECTION 7. 
Lead Hazard Information Pamphlet. - (A) Lead Hazard 
Information Pamphlet. Not later than two (2) years after the enactment of this section, 
after notice and opportunity for comment, the Secretary, in consultation with the 
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Chairman and the Secretary of Health shall publish, and from time to time revise, a lead 
hazard information pamphlet. The pamphlet shall-- 
(1) contain information regarding the health risks associated with 
exposure to lead; 
(2) provide information on the presence of lead-based paint hazards in 
target housing; 
(3) describe the risk of lead exposure for children under 6 years of age, 
pregnant women, women of childbearing age, persons involved in home 
renovation, and others residing in a dwelling with lead-based paint hazards; 
(4) describe the risk of renovation in a dwelling with lead-based paint 
hazards 
(5) provide information on approved methods for evaluating and reducing 
lead-based paint hazards and their effectiveness in identifying, reducing, 
eliminating, or preventing exposure to lead-based paint hazards; 
(6) advise a person how to get a list of contractors certified pursuant to 
this title in lead-based paint hazards evaluation and reduction in the area in which 
the pamphlet is to be used; 
(7) state that a risk assessment or inspection for lead-based paint is 
recommended prior to purchase, lease, or renovation of target housing; 
(8) provide such information about environmental hazards associated with 
residential real property as the Secretary deems appropriate. 
(B) Renovation of Target Housing - Within 2 years after the enactment of this 
section, the Secretary shall promulgate regulations under this subsection to require each 
person who performs for compensation a renovation of target housing to provide a lead 
hazard information pamphlet to the owner and occupant of such housing prior to 
commencing the renovation. 
SECTION 8. Regulations. - The regulations of the Secretary under this title shall 
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include such recordkeeping and reporting requirements as may be necessary to insure the 
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effective implementation of this title. The regulations may be amended from time to time 
as necessary. 
SECTION 9. Control of Lead-Based Paint Hazards at Government Facilities. - 
Each department, agency and instrumentality of executive, legislative and judicial 
branches of the Government (1) having jurisdiction over any property or facility, or (2) 
engaged in any activity resulting, or which may result, in a lead-based paint hazard, and 
each officer, agent or employee thereof, shall subject to, and comply with, all 
requirements, both substantive and procedural (including any requirement for 
certification, licensing, recordkeeping, or reporting or any provisions for injunctive relief 
and such sanctions as may be imposed by a court to enforce such relief) respecting lead- 
based paint, lead based paint activities, and lead based-paint hazards in the same manner, 
and to the same extent as any non-governmental entity is subject to such requirements, 
including-the payment of reasonable service charges. The substantive and procedural 
requirements referred to in this subsection include, but are not limited to, all 
administrative orders and all civil and administrative penalties and fines regardless of 
whether such penalties or fines are punitive or coercive in nature, or whether imposed for 
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isolated, intermittent or continuing violations. The government hereby expressly waives 
any immunity otherwise applicable to it with respect to any such substantive or 
procedural requirement (including, but not limited to, any injunctive relief, administrative 
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order, civil or administrative penalty or fine referred to in the preceding sentence, or 
reasonable service charge). The reasonable service charges referred to in this section 
include, but are not limited to, fees or charges assesses for certification and licensing, as 
well as any other non-discriminatory charges that are assessed in connection with a lead- 
based paint, lead-based paint activities, or lead-based paint hazard activities program. No 
agent, employee or officer of the government shall be personally liable for any civil 
penalty under the law relating to lead-based paint, lead-based paint activities, or lead- 
based paint hazards with respect to any act or omission within the scope of his official 
duties. 
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TITLE B - LEAD BASED PAINT HAZARD REDUCTlON 
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SECTION 10. Grants for Lead-Based Paint Hazard Reduction in Target Housing 
- (A) General Authority - The Chairman, in consultation with the Secretary, shall 
provide grants to eligible local government units to elevate and reduce lead-based paint 
hazards in target housing, including housing units within their respective jurisdiction that 
are occupied by low-income families or very low-income families. The amount of grant 
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to be given to each local government unit shall be dependent on the application submitted 
to the Chairman, in such form and in such manner as the Chairman shall prescribe. An 
application shall contain: 
(1) a description of the amount of assistance the applicant seeks under this 
Section; 
(2) a description of the planned activities to be undertaken with grants 
under this section, including an estimate of the amount to be allocated to each 
activity; 
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(3) a description of the forms of financial assistance to owners and 
occupants of target housing that will be provided through grants under this section; and 
(4) such assurances as the Chairman may require regarding the applicant’s 
capacity to carry out the activities. 
(B) Selection Criteria - The Chairman shall determine the amonnt to be awarded 
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 lead- 
based paint poisoning to children under the age of 6 who reside in priority 
housing; 
(2) the degree of severity and extent of lead-based paint hazards in the 
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jurisdiction to be served; 
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(3) the ability of the applicant to local, and private funds to supplements 
the grant under this section; 
(4) the ability of the applicant to carry out the proposed activities; and 
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(5) 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. 
(C) Eligible Activities -A grant under this section may be used to - 
. .(1) perform risk assessments and inspections in target housing; 
(2) provide for the interim control of lead-based paint hazards in target 
housing; 
(3) provide for the abatement of lead-based paint hazards in target 
housing;. 
(4) provide for the additional cost of reducing lead-based paint hazards in 
units undergoing renovation funded by other sources; 
(5) ensure that risk assessments, inspections, and abatements are carried 
out by certified contractors in accordance with this Act; 
(6) monitor the blood-lead levels of workers involved in lead hazard 
reduction activities funded under this section; 
(7) assist in the temporary relocation of families force to vacate priority 
housing while lead hazard reduction measures are being conducted; 
(8) educate the public on the nature and causes of lead-poisoning and 
measures to reduce the exposure to lead, including exposure due to residential 
lead-based paint hazards; 
(9) test soil, interior surface dust, and the blood-lead levels of children 
under the 
age of 6 residing in priority housing after lead-based paint hazard 
reduction activity has been conducted, to assure that such activity does not cause 
excessive exposures to lead; and 
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(10) carry out such activities that the Chairman determines appropriate to 
promote the purposes of this Act. 
(D) Forms of Assistance - The local government unit applicant described in this 
section through a variety of programs, investments, revolving loans, loan funds, loan 
guarantees, of assistance approved by the Chairman. 
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(E) Matching Requirement - Each recipient of a grant under this section shall 
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make contributions toward the cost of activities that receive assistance under this section 
in an mount not less than twenty percent (20%) of the total grant amount under this 
section. 
(F) Prohibition o€ Substitution of Funds - Grants under this subtitle may not be 
used to replace other amounts made available or designated by local governments for use 
for the purposes under this subtitle. 
(G) Financial Records - An applicant shall maintain and provide the Chairman 
with financial records sufficient, in the determination of the Chairman, to ensure proper 1 
accounting grant will be used for administrative expenses associated with the activities 
funded and disbursing of amounts received from a grant under this section. 
(H) Report - An applicant under this section shall submit to Congress, through 
the Chairman, 
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 for any fiscal year in which the applicant expends grant funds under this 
section, a report that - 
(1) describes the use of the amounts received; 
(2) slates the number of risk assessments and the number of inspections 
conducted in residential dwellings; 
(3) states the number of residential dwellings in which lead-based paint 
hazards have been reduced through interim controls; 
(4) states the number of residential dwellings in which lead-based paint 
hazards have been abated; and 
(e) provides any other information that the Chairman determines to be 
appropriate. 
(I) Notice of Funding Availability - The Chairman shall publish a Notice of 
Funding Availability pursuant to this section not later than One Hundred Twenty (120) 
days after funds are appropriated for this section. 
(1) Authorization of Appropriations - For the purposes of carrying out 
there are authorized to be appropriated such sums as may be necessary. 
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SECTION 11. Evaluation and Reduction of Lead-Based Paint Hazards in 
Government-Assisted Housing Programs. - The Chairman shall require an inspection for 
lead-based paint and -lead-based paint hazards in all government assisted housing 
programs. The results of such inspections shall be made available to prospective 
purchasers, identifying the presence of lead-based paint and lead-based paint hazards on a 
surface-by-surface basis. The Chairman shall have the discretion to waive Pie 
requirement of this subparagraph for housing in which a government funded risk 
assessment, performed by a certified contractor, has determined no lead-based paint 
hazards are present. 
SECTION 12. Task Force on Lead-Based Paint Hazards Reduction and 
Financing. - (A) In General - The Chairman, in consultation with the Secretary and the 
Secretary of Health, shall establish a task force to make recommendations on expanding 
resources and efforts to evaluate and reduce lead-based paint hazards in private housing. 
(B) Membership - The task force shall include individuals representing the 
Housing and Urban Development Coordinating Council, the Department of Environment 
and Natural Resource, employee organizations in the building and construction trade 
industry, landlords, tenants, primary lending institutions, non-profit housing developers, 
public housing agencies, low-income housing advocacy organizations, lead-poisoning 
prevention advocates and experts, and community-based organizations located in areas 
with substantial rental housing. 
(C) Responsibilities - The task force shall make recommendations to the 
Chairman and the Secretary of the Environment and Natural Resources concerning - 
(1) incorporating the need to finance lead-based paint hazard reduction 
into underwriting standards; 
(2) developing new loan products and procedures for financing lead-based 
paint hazard evaluation and reduction activities: 
(3) adjusting appraisal guidelines to address lead safety; 
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(4) incorporating risk assessments or inspections for lead-based paint as a 
routine procedure in the origination of new-residential mortgages; 
(5) issuing guidelines, regulations and educational pamphlets issued by the 
Council relating to lead-based paint poisoning prevention; 
(6) introducing the availability of liability insurance for owners of rental 
housing and certified contractors and establishing alternative systems to 
compensate victims of lead-based paint poisoning; and 
(7) evaluating the utility and appropriateness of requiring risk assessments 
or inspections and notification to prospective lessees of rental housing. 
(D) Compensation. - The members of the task force shall not receive 
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compensation for their participation. 
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SECTION 13. National Consultation on Lead-Based Paint Hazard Reduction. - 
In carrying out this Act, the Chairman shall consult on an ongoing basis with the 
Department of Environment, Department of Health and other agencies concerned with 
lead prevention, and the task force established pursuant to section 6. 
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SECTION 14. Guidelines for Lead-Based Paint Hazard Evaluation and 
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Reduction Activities. - Not later than twelve (12) months after the date of enactment of 
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this Act, the Chairman, in consultation with the Secretary, the Secretary of Labor, and the 
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work involving risk assessments, inspections, interim controls, and abatement of lead- 
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based paint hazards. Such guidelines shall be based upon criteria that measure the 
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condition of the housing (and the presence under age 6 for the purposes of risk 
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assessments) and shall not be based upon measure the health of the residents of the 
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housing. 
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SECTION 15. Disclosure of Information Concerning Lead upon Transfer of 
Residential Property. - Lead Disclosure in Purchase and Sale or Lease of Target 
Housing. (A) Lead-based Paint Hazards - Not later than two (2) years after the date of 
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enactment o f  this Act, the Chairman and Secretary of Environment and Natural 
Resources shall promulgate regulations under this section for the disclosure o f lead- 
based paint hazards in target housing which is offered for sale or lease. The regulations 
shall require that, before the purchaser or lessee is obliged under any contract to purchase 
or lease the housing, the seller or lessor shall - 
(1) provide the purchaser or lessee with a lead-hazard information 
pamphlet, as prescribed by the guidelines issued pursuant to this Act; 
(2) disclose to the purchaser or lessee the presence of nay known lead- 
based paint, or any known lead-based paint hazards, in such housing and provide 
to the purchaser or lessee any lead hazard evaluation report available to the seller 
or lessor; and 
(3) permit the purchaser a ten-day period (unless the parties mutually 
agree upon a different period of time) to conduct a risk assessment or inspection 
for the presence o f  lead-based paint hazards. 
(B) Contract for purchase and sale. - Regulations promulgated under this section 
shall provide that every contract or 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 - 
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‘(1) read the Lead Warning Statement and understands its contents; 
(2) received a lead hazard information pamphlet; and 
(3) had a ten-day opportunity (unless the parties agreed upon a different 
period of time) before becoming obliged under the contract to purchase the 
housing to conduct a risk assessment or inspection for the presence of lead-based 
paint hazards. 
(C) Contents of lead warning statement - The Lead Warning Statement shall 
contain the following text printed in large type on a separate sheet of paper attached to 
the contract: “Every purchase 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 
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developing lead poisoning. Lead poisoning in young children may produce permanent 
neurological damage, including learning disabilities, reduce intelligence quotient, 
behavioural 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 eom risk 
assessments or inspections in the seller’s possession and notify the buyer of any known 
lead-based paint hazards. A risk assessment or inspection for possible lead-based paint 
hazards is recommended prior to purchase.” 
(D) Compliance Assurance - Whenever a seller or lessor has entered into a 
contract with an agent for the purpose of selling or leasing a unit of target housing, the 
regulations promulgated under this section shall require the agent, on behalf of the seller 
or lessor, to ensure compliance with the requirements of this section. 
(E) Penalties for Violations. - Any person who knowingly violates any provision 
of this section shall be subject to civil money penalties in accordance with the provisions 
of the Rules of Court. The Secretary is authorized to take such lawful action as may be 
necessary to enjoin any violation of this section. Any person who knowingly violates the 
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an amount equal to 3 times the amount of damages incurred by such individual. 
(F) 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 o i  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. 
(G) Effective Date - The regulations under this section shall take effect 3 years 
after the date of the enactment of this title. 
TITLE 2 -RESEARCH AND DEVELOPMENT 
SECTION 16. Research on Lead Exposure from other Sources. - The Secretary, 
in cooperation with other agencies, shall conduct research on strategies to reduce the risk 
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of lead exposure fiom other sources, including exterior soil and interior lead dust in 
carpets, furniture, and forced air ducts. 
SECTION 17. Testing Technologies. - The Secretary, in cooperation with other 
agencies, shall conduct research to - 
(A) develop improved methods for evaluating lead-based paint hazards in 
housing; 
(B) develop improved methods for reducing lead-based paint hazards in housing; 
(C) develop improved methods for measuring lead in paint films, dust, and soil 
samples; 
(D) establish performance standards for various detection methods, including spot 
test kits; 
(E) establish performance standards for lead-based paint hazard reduction 
methods, including the use of encapsulants; 
(F) establish appropriate cleanup standards; 
(G) evaluate the efficacy of interim controls in various hazard situations; 
(H) evaluate the relative performance of various abatement techniques; 
(I) evaluate the long-term cost-effectiveness of interim control and abatement 
strategies; and 
(J) assess the effectiveness of hazard evaluation and reduction activities funded by 
this Act. 
SECTION 18. Separability Clause. - If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
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accordingly. 
SECTION 19. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
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Approved. 
SECTION 20. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
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