SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
OCT -3 P5 :49 
SENi).T]: 
S.No. 
HSO? 
REef':!"!,:\) Ill', .... r-
, 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides that: 
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 remodeling 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. ' 
• This bill was originally filed during 141h Congress, I" Regular Session. 
I 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
OCT -3 P5 :49 
SENATE 
S. No. 
1807 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
TO REDUCE LEAD-BASED PAINT HAZARDS IN RESIDENTIAL ENVIRONMENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
. 
3 
SECTION 1. Short Title. - This Act shal!'be known as the "Paint Hazard Reduction Act."· 
4 
SECTION 2. Purposes. - The purposes of this Act are-
5 
(A) 
To develop a national strategy to build the infrastructure necessary to eliminate 
6 
lead-based paint hazards in all housing as expeditiously as possible; 
7 
(B) 
To reorient the national approach to the presence oflead-based paint in housing to 
8 
implement, on a priority basis, a broad program to evaluate and reduce lead-based paint hazards 
9 
in the country's housing stock; 
10 
(C) 
To encourage effective action to prevent childhood lead poisoning by establishing 
11 
a workable framework for lead-based paint hazard evaluation and reduction and ending the 
12 
current confusion over reasonable standards of care; 
13 
(D) 
To ensure that the existence of lead-based paint hazards is taken into account in 
14 
the development of government housing policies and in the sale, rental, and renovation of homes 
15 
and apartments; 
16 
(E) 
To mobilize national resources expeditiously, through a partnership among all 
17 
levels of government and the private sector, to develop the most promising, cost-effective 
18 
methods for evaluating and reducing lead-based paint hazards; 
19 
(F) 
To reduce the threat of childhood lead poisoning in housing owned, assisted, or 
20 
transferred by the government; and 
1 


1 
(G) 
To educate the public concerning the hazards and sources of lead-based paint 
2 
poisoning and steps to reduce and eliminate such hazards. 
3 
SECTION 3. Definitions. - For the purposes of this Act, the following definitions shall 
4 
apply: 
5 
(A) 
The term "abatement" means any set of measures designed to permanently 
6 
eliminate lead-based paint hazards in accordance with standards established by appropriate 
7 
agencies. Such term includes: 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(I) 
(2) 
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 
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) 
(D) 
The term i'certified contractor" means -
(1) 
(2) 
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 
workers or designers who have fully met training requirements established 
by the appropriate agency. 
The term "contract for the purchase and sale of residential real propelty" means 
23 
any contract or agreement in which one party agrees to purchase an interest in real property on 
24 
which there is situated one or-more residential dwellings used or occupied, or intended to be 
25 
used or occupied, or intended to be used or occupied, in whole or in part, as the home or 
26 
residence of one or more persons. 
2 


1 
(E) 
The term "deteriorated paint" means any interior or exterior paint that is peeling, 
2 
chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture 
3 
that is damaged or deteriorated. 
4 
(F) 
The term "evaluation" means a risk assessment, inspection, or risk assessment and 
5 
inspection. 
6 
(G) 
The term "friction surface" means an interior or exterior surface that is subject to 
7 
8 
9 
abrasion or friction, including certail1 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. 
10 
(I) 
The term "inspection" means a surface-by-surface investigation to determine the 
11 
presence of lead-based paint and the provision of a report explaining the results of the 
12 
investigation. 
13 
(J) 
The term "interim controls" means a set of measures designed to reduce 
14 
temporarily human exposure or exposure to lead-based paint hazards, including specialized 
15 
cleaning, repairs, maintenance, painting, temporary' containment, ongoing monitoring of lead-
16 
based paint hazards or potential hazards, and the establishment and operation of management and 
17 
resident education programs. 
18 
(K) 
The term "lead-based paint hazard" means any condition that causes exposure to 
19 
lead from lead-contaminated dust, lead contaminated soil, lead-contaminated paint that is 
20 
deteriorated or present in accessible surfaces, fHction surfaces, or impact surfaces that would 
21 
result in adverse human health effects as established by the appropriate agency. 
22 
(L) 
The term "lead-contaminated dust" means surface dust in residential dwellings 
23 
that contains an area or mass concentration of lead in excess of levels determined by the 
24 
appropriate agency and poses a threat of adverse health effects in pregnant women or young 
25 
children. 
26 
(M) 
The term "lead-contaminated soil" means bare soil in residential real property that 
27 
contains lead at or in excess of the levels determined to be hazardous to human health by the 
28 
appropriate agency. 
3 


1 
(N) 
The term "reduction" means measures designed to reduce or eliminate human 
2 
exposure to lead-based paint hazards through methods including interim controls and abatement. 
3 
4 
5 
6 
7 
8 
9 
10 
(0) 
(P) 
The term "residential dwelling" means -
(1) 
(2) 
a single-family dwelling, including attached structures such as porches and 
stoops; or 
a single-family dwelling unit in a structure that contains more than one 
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. 
The term "residential real property" means real property on which there is situated 
11 
one or more residential dwellings used or occupied, or intended to be used or occupied, in whole 
12 
or in part, as the home or residence of one or more persons. 
13 
(Q) 
The term "risk assessment" means an on-site investigation to determine and report 
14 
the existence, nature, severity and location of lead-based paint hazards in the residential 
15 
dwellings, including -
16 
(1) 
information gathering regarding the age and history of the housing and 
17 
occupancy by children under six (6) years of age; 
18 
19 
20 
21 
22 
23 
24 
25 
(R) 
(2) 
(3) 
(4) 
(5) 
visual inspection; 
limited wipe sampling or other environmental sampling techniques; 
other activity as may be appropriate; and 
provision of a report explaining the results of the investigation. 
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 
26 
housing for the elderly or persons with disabilities (unless any child who is less than six (6) years 
27 
of age resides or is expected to reside in such housing for the elderly or persons with disabilities) 
28 
or any zero-bedroom dwelling. 
29 
(U) 
The term "lead-based paint activities" means -
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(I) 
(2) 
in the case of target housing, risk assessment, inspection, and abatement; 
and 
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 this Act, 
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. 
SECTION 4. Lead-Based Paint Activities Training and Certification. -
(A) 
Regulations -
(1) 
In general - Not later than ninety (90) days after the date of the enactment 
of this Act, 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) 
(b) 
that individuals engaged in such activities are properly trained; 
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 ui1der-
(A) shall contain specific requirements for the accreditation of lead-based 
paint activities training programs for workers, supervisors, inspectors and 
plamlers, and other individuals involved in lead-based paint activities, 
including, but not limited to, each of the following: 
5 


1 
(a) 
Minimum 
requirements 
for 
the 
accreditation 
of training 
2 
requirements 
3 
(b) 
Minimum training curriculum requirements; 
4 
(c) 
Minimum training hour requirements; 
, 
5 
(d) 
Minimum hands-on training requirements; 
6 
(e) 
Minimum trainee competency and proficiency requirements; 
7 
(3) 
Accreditation and certification fees - The Secretary shall impose a fee on -
8 
(a) 
persons operating training programs accredited under this section; 
9 
and 
10 
(b) 
lead-based paint activities contractors certified in accordance with 
11 
paragraph (A). 
12 
The fees shall be established at such level as is necessary to cover the costs of 
13 
administering and enforcing the standards and regulations under this section which are applicable 
14 
to such programs and contractors. The Secretary may waive the fee for lead-based paint activities 
IS 
contractors under subparagraph (i) for the purpose of training their own employees. 
16 
(B) 
Renovation and Remodeling -
17 
(1) 
Guidelines - In order to reduce the risk of exposure to lead in connection 
18 
with renovation and remodeling of target housing, public buildings 
19 
constructed before 1978, and commercial buildings, the Secretary shall, 
20 
within ninety (90) days after the enactment of this Act, promUlgate 
21 
guidelines for the conduct of such renovation and remodeling activities 
22 
which may create a risk of exposure to dangerous levels of lead. The 
23 
Secretary shall disseminate such guidelines to persons engaged in such 
24 
renovation and remodeling through hardware and paint stores, employee 
25 
organizations, trade groups, and through other appropriate means. 
26 
(2) 
Study of certification - The Secretary shall conduct a study of the extent to 
27 
which persons engaged in various types of renovation and remodeling 
28 
activities in target housing, public buildings constructed before 1978, and 
29 
commercial buildings are exposed to lead on a regular or occasional basis. 
6 


I 
2 
3 
4 
(3) 
The Secretary shall complete such study and publish the results thereof 
within eighteen (18) months after the enactment of this Act. 
Certification determination - Within four (4) years after the enactment of 
this Act, the Secretary shall revise the regulations under subsection (1) to 
5 
apply the regulations to renovation or remodeling activities in target 
6 
housing, public buildings constructed before 1978, and commercial 
7 
buildings that create lead-based paint hazards. In determining which 
8 
contractors are engaged in such activities, the Secretary shall utilize the 
9 
results of the study under this section and consult with the representatives 
10 
of labor organizations, lead-based paint activities contractors, persons 
11 
engaged in remodeling and renovation, experts in lead health effects, and 
12 
others. If the Secretary determines that a category of contractors engaged 
13 
in renovation or remodeling does not requite certification, the Secretary 
14 
shall publish an expJanation of the basis for that determination. 
15 
SECTION 5. Identification of Dangerous Levels of Lead. - Within ninety (90) days after 
16 
the enactment of this Act, the Secretary shall promulgate regulations regarding the identification 
17 
of lead-based paint hazards, lead-contaminated dust, and contaminated soil. 
18 
SECTION 6. Lead Abatement and Measurement. -
19 
(A) 
Program to Promote Lead Exposure Abatement ··The Secretary, in cooperation· 
20 
with other appropriate departments and agencies, shall conduct a comprehensive program to 
21 
promote safe, effective, and affordable monitoring, detection, and abatement of lead-based paint 
22 
and other lead exposure hazards. 
23 
24 
25 
26 
27 
(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 one (1) year after the enactment of this Act, the 
Secretary, in consultation with the Secretary of Health, shall establish a 
7 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(C) 
(2) 
(3) 
-------.--
program to 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. 
Not later than twenty-four (24) months after the date of enactment of this 
Act, and annually thereafter, the Secretary shall publish and make 
available to the public a list of certified accredited environmental sampling 
laboratories. 
If the Secretary determines 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). 
Exposure Studies -
(1) 
The Secretary of Health shall conduct a study of the sources of lead 
(2) 
exposure in children who have elevated ,blood lead levels (or other 
indicators of elevated lead body burden). 
The Secretary of Health shall conduct a comprehensive study of mean to 
reduce hazardous occupational lead abatement exposures. This study shall 
include, at a minimum, each of the following -
(a) 
Surveillance and intervention capability to identify and prevent 
hazardous exposures to lead abatement workers. 
8 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(3) 
(4) 
(b) 
(c) 
(d) 
Demonstration of lead abatement control methods and devices and 
work practices to identifY and prevent hazardous lead exposures in 
the workplace. 
Evaluation of health effects of low and high levels of occupational 
lead 
exposures 
on 
reproductive, 
neurological, 
renal, 
and 
cardiovascular health. 
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. 
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) 
(b) 
(c) 
(d) 
(e) 
Drinking water, 
Food. 
Lead-based paint and dust from lead-based paint. 
Exterior sources such as ambient air and lead in soil. 
Occup\l.tional exposures, and other exposures that the Secretary of. 
Health determines to be appropriate. 
Not later than one (1) year after the date of the enactment of this Act, the 
Secretary of Health shall submit a report to the Congress concerning the 
studies described in paragraphs (1) and (2). 
(D) 
Public Education. -
(I) 
The Secretary, in conjunction with the Secretary of Health, shall sponsor 
public education and outreach activities to increase public awareness of-
(a) 
(b) 
(c) 
the scope and severity of lead poisoning from household; 
potential exposure to sources oflead in schools and childhood; 
the implications of exposures for men and women, particularly 
those of childbeal"ing age; 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(E) 
23 
24 
25 
26 
27 
28 
29 
(2) 
(3) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
the need for careful, quality, abatement and management actions; 
the need for universal screening of children; 
other components of a lead-poisoning prevention program; 
the health consequences oflead exposure resulting from lead-based 
paint hazards; 
risk assessment and inspection methods for lead-based paint 
hazards; and 
measures to reduce the risk of lead exposure from the lead-based 
paint. 
The activities described in paragraph (1) shall be designed to provide 
educational services and information to -
(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
health professionals; 
the general public, with emphasis on parents of young children; 
homeowners, landlords and tenants; 
consumers of home improvement products; 
residential real estate industry; and 
the home renovation industry 
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. 
Technical Assistance. -
(1) 
Clearinghouse. - Not later than (6) months after the enactment of this Act, 
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, sources of exposure, detection and risk assessment 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(F) 
(b) 
(c) 
methods, 
environmental 
hazards 
abatement, 
and 
clean-up 
standards; 
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 
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 Act, 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. 
Products for Lead-Based Paint Activities - Not later than thirty (30) months after 
14 
the date of enactment of this Act, the Secretary shall, after notice and opportunity for comment, 
15 
establish by rule appropriate criteria, testing protocols, and performance characteristics as' are 
16 
necessary to ensure, to the greatest extent possible and consistent with the purposes and policy of 
17 
this Act, that lead-based paint hazards evaluation and reduction products introduced into 
18 
commerce after a period specified in the rule are effective for the intended use described by the 
19 
manufacturer. The rule shall identify the types or classes of products that are subject to such rule. 
20 
The Secretary, in implementing the rule, shall to the maximum extent possible, utilize 
21 
independent testing laboratories, as appropriate, and consult with such entities and others in 
22 
developing the rules. 
23 
SECTION 7. Lead Hazard Information Pamphlet. -
24 
(A) 
Lead Hazard Information Pamphlet. Not later than two (2) years after the 
25 
enactment of this Act, after notice and opportunity for comment, the Secretary, in consultation 
26 
with the Chairman and the Secretary of Health shall publish, and from time to time revise, a lead 
27 
hazard information pamphlet. The pamphlet shall--
11 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
(B) 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
contain information regarding the health risks associated with exposure to 
lead; 
provide information on the presence of lead-based paint hazards in target 
housing; 
describe the risk of lead exposure for children under six (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; 
describe the risk of renovation in a dwelling with lead-based paint hazards 
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; 
advise a person how to get a list of contractors certified pursuant to this 
Act in lead-based paint hazards evaluation and reduction in the area in 
which the pamphlet is to be used; 
state that a risk assessment or inspection for lead-based paint is 
recommended prior to purchase, lease, or renovation of target housing; 
provide such information about environmental hazards associated with 
residential real property as the Secretary deems appropriate. 
Renovation of Target Housing - Within two (2) years after the enactment of this 
21 
Act, the Secretary shall promulgate regulations to require each person who performs for 
22 
compensation a renovation of target housing to provide a lead hazard information pamphlet to 
23 
the owner and occupant of such housing prior to commencing the renovation. 
24 
SECTION 8. Control of Lead-Based Paint Hazards at Government Facilities. - Each 
25 
department, agency, and instrumentality of the executive, legislative, and judicial branches of the 
26 
Government having jurisdiction over any property or facility, or engaged in any activity 
27 
resulting, or which may result, in a lead-based paint hazard, and each officer, agent or employee 
28 
thereof, shall subject to, and comply with, all requirements, both substantive and procedural 
12 


respecting lead-based paint, lead based paint activities, and lead based-paint hazards in the same 
2 
manner, and to the same extent as any non-governmental entity is subject to such requirements, 
3 
including-the payment of reasonable service charges. The substantive and procedural 
4 
requirements refened to in this section include, but are not limited to, all administrative orders 
5 
and all civil and administrative penalties and fines regardless of whether such penalties or fines 
6 
are punitive or coercive in nature, or whether imposed for isolated, intermittent or continuing 
7 
violations. The government hereby expressly waives any immunity otherwise applicable to it 
8 
with respect to any such substantive or procedural requirement (including, but not limited to, any 
9 
injunctive relief, administrative order, civil or administrative penalty or fine referred to in the 
10 
preceding sentence, or reasonable service charge). The reasonable service charges referred to in 
11 
this section include, but are not limited to, fees or charges assesses for certification and licensing, 
12 
as well as any other non-discriminatory charges that are assessed in connection with a lead-based 
13 
paint, lead-based paint activities, or lead-based paint hazard activities program. No agent, 
14 
employee or officer of the government shall be personally liable for any civil penalty under the 
15 
law relating to lead-based paint, lead-based paint activities, or lead-based paint hazards with 
16 
respect to any act or omission within the scope of his or her official duties. 
17 
SECTION 9. Grants for Lead-Based Paint Hazard Reduction in Target Housing-
18 
(A) 
General Authority - The Chairman, in consultation with the Secretary, shall 
19 
provide grants to eligible local government units to elevate and reduce lead-1;lased paint hazards 
20 
in target housing, including housing nnits within their respective jurisdiction that are occupied by 
21 
low-income families or very low-income families. The amount of grant to be given to each local 
22 
government unit shall be dependent on the application submitted to the Chairman, in such form 
23 
and in such manner as the Chairman shall prescribe. An application' shall contain: 
24 
25 
26 
27 
28 
(1) 
(2) 
a description of the amount of assistance the applicant seeks under this 
section; 
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; 
13 


1 
2 
3 
4 
5 
6 
(B) 
(3) 
(4) 
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 
such assurances as the Chairman may require regarding the applicant's 
capacity to calTY out the activities. 
Selection Criteria - The Chairman shall determine the amount to be awarded 
7 
under this section on the basis of the merit of the activities proposed to be carried out and on the 
8 
basis of selection criteria, which shall include -
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
(C) 
21 
22 
23 
24 
25 
26 
27 
28 
(l) 
the extent to which the proposed activities will reduce .the risk lead-based 
paint poisoning to children under six (6) years of age who reside in 
priority housing; 
(2) 
the degree of severity and extent of lead-based paint hazards in the 
jurisdiction to be served; 
(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 
(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. 
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 oflead-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; 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
(D) 
(6) 
(7) 
(8) 
(9) 
monitor the blood-lead levels of workers involved in lead hazard reduction 
activities funded under this section; 
assist in the temporary relocation of families force to vacate priority 
housing while lead hazard reduction measures are being conducted; 
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; 
test soil, interior surface dust, and the blood-lead levels of children under 
six (6) years of age 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 
(10) 
carry out such activities that the Chairman determines appropriate to 
promote the purposes of this Act. 
Matching Requirement - Each recipient of a grant under this section shall make 
15 
contributions toward the cost of activities that receive assistance under this section in an amount 
16 
not less than twenty percent (20%) of the total grant amount under this section. 
17 
(E) 
Prohibition of Substitution of Funds - Grants under this section may not be used 
18 
to replace other amounts made available or designated by local governments for use for the 
19 
purposes under this Act. 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(F) 
Financial Records - An applicant shall maintain and provide the Chairman with 
financial records sufficient, in the determination of the Chairman" to ensure proper accounting 
grant will be used for administrative expenses associated with the activities funded and 
disbursing of amounts received from a grant under this section. 
(G) 
Report - An applicant under this section shall submit to Congress, through the 
Chairman, for any fiscal year in which the applicant expends grant funds under this section, a 
report that -
(1) 
(2) 
describes the use of the amounts received; 
states the number of risk assessments and the number of inspections 
conducted in residential dwellings; 
15 


1 
2 
3 
4 
5 
6 
7 
8 
9 
lO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(3) 
(4) 
(5) 
states the number of residential dwellings in which lead-based paint 
hazards have been reduced through interim controls; 
states the number of residential dwellings in which lead-based paint 
hazards have been abated; and 
provides any other information that the Chairman determines to be 
appropriate. 
(H) 
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. 
SECTION 10. 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 the 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 11. Task Force on Lead-Based Paint Hazards Reduction. -
(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. 
(8) 
Membership - The task force shall include individuals representing the Housing 
and Urban Development Coordinating Council, the Department of Environment and Natural 
Resources, 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. 
16 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
(C) 
Responsibilities - The task force shall make recommendations to the Chairman 
and the Secretary of the Environment and Natural Resources concerning -
(D) 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
incorporating the need to finance lead-based paint hazard reduction into 
underwriting standards; 
developing new loan products and procedures for financing lead-based 
paint hazard evaluation and reduction activities: 
adjusting appnlisal guidelines to address lead safety; 
incorporating risk assessments or inspections for lead-based paint as a 
routine procedure in the origination of new-residential mortgages; 
issuing guidelines, regulations and educational pamphlets issued by the 
Council relating to lead-based paint poisoning prevention; 
introducing the availability of liability insurance for owners of rental 
housing and certified contractors and establishing alternative systems to 
compensate victims oflead-based paint poisoning; and 
evaluating the utility and appropriateness of requiring risk assessments or 
inspections and notification to prospective lessees of rental housing. 
Compensation. - The members of the task force shall not receive compensation 
18 
for their participation. 
19 
SECTION 12. National Consultation on Lead-Based Paint Hazard Reduction. - In 
20 
carrying out this Act, the Chairman shall consult on an ongoing basis with the Department of 
21 
Environment, Department of Health and other agencies concerned with lead prevention, and the 
22 
task force established under this Act. 
23 
SECTION 13. Guidelines for Lead-Based Paint Hazard Evaluation and Reduction 
24 
Activities. - Not later than twelve (12) months after the date of enactment of this Act, the 
25 
Chairman, in consultation with the Secretary, the Secretary of Labor, and the Secretary of 
26 
Health, shall issue guidelines for the conduct of all government supported work involving risk 
27 
assessments, inspections, interim controls, and abatement of lead-based paint hazards. 
17 


1 
SECTION 14. Disclosure of Information Concerning Lead upon Transfer of Residential 
2 
Property. -
3 
(A) 
Lead-based Paint Hazards - Not later than two (2) years after the date of 
4 
enactment of this Act, the Chairman and Secretary of Environment and Natural Resources shall 
5 
promulgate regulations under this section for the disclosure 0 f lead-based paint hazards in target 
6 
housing which is offered for sale or lease. The regulations shall require that, before the purchaser 
7 
or lessee is obliged under any contract to purchase or lease the housing, the seHer or lessor shaH -
8 
(1) 
provide the purchaser or lessee with a lead-hazard information pamphlet, 
9 
as prescribed by the guidelines issued pursuant to this Act; 
10 
(2) 
disclose to the purchaser or lessee the presence of nay known lead-based 
11 
paint, or any known lead-based paint hazards, in such housing and provide 
12 
to the purchaser or lessee any lead hazard evaluation report available to 
13 
the seller or lessor; and 
14 
(3) 
permit the purchaser a ten-day period (unless the parties mutually agree 
15 
upon a different period of time) to conduct a risk assessment or inspection 
16 
for the presence oflead-based paint hazards. 
17 
(B) 
Contract for Purchase and Sale. - Regulations promulgated under this section shall 
18 
provide that every contract or the purchase. and sale of any interest in target housing shall contain 
19 
a Lead Warning Statement and a statement signed by the purchaser that the purchaser has -
20 
21 
22 
23 
24 
25 
26 
(C) 
(1) 
(2) 
(3) 
read the Lead Warning Statement and understands its contents; 
received a lead hazard information pamphlet; and 
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. 
Contents of lead warning statement - The Lead Warning Statement shall contain 
. 
27 
the following text printed in large type on a separate sheet of paper attached to the contract: 
28 
"Every purchase of any interest in residential real property on which a residential dwelling was 
29 
built prior to 1978 is notified that such property may present exposure to lead from lead-based 
18 


1 
paint that may place young children at risk of developing lead poisoning. Lead poisoning in 
2 
young children may produce permanent neurological damage, including learning disabilities, 
3 
reduce intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also 
4 
poses a particular risk to pregnant women. The seller of any interest in residential real property is 
5 
required to provide the buyer with any information on lead-based paint hazards from risk 
6 
assessments or inspections in the seHer's possession and notifY the buyer of any known lead-
7 
based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is 
8 
recommended prior to purchase." 
9 
(D) 
Compliance Assurance - Whenever a seller or lessor has entered into a contract 
1 0 
with an agent for the purpose of selling or leasing a unit of target housing, the regulations 
11 
promulgated under this section shall require the agent, on behalf of the seller or lessor, to ensure 
12 
compliance with the requirements of this section. 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(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 provisions of this 
section shall be jointly and severally liable to the purchaser or lessee in an amount equal to three 
(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 of 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. 
SECTION IS. Research on Lead Exposure from other Sources. - The Secretary, in 
cooperation with other agencies, shall conduct research on strategies to reduce the risk of lead 
exposure from other sources, including exterior soil and interior lead dust in carpets, furniture, 
and forced air ducts. 
19 


1 
SECTION 16. Testing Technologies. - The Secretary, in cooperation with other agencies, 
2 
shall conduct research to -
3 
4 
5 
6 
7 
8 
9 
(A) 
(B) 
(C) 
samples; 
(D) 
kits; 
(E) 
Develop improved methods for evaluating lead-based paint hazards in housing; 
Develop improved methods for reducing lead-based paint hazards in housing; 
Develop improved methods for measuring lead in paint films, dust, and soil 
Establish performance standards for various detection methods, including spot test 
Establish performance standards for lead-based paint hazard reduction methods, 
10 
including the use of encapsulants; 
11 
(F) 
Establish appropriate cleanup standards; 
12 
(G) 
Evaluate the efficacy of interim controls in various hazard situations; 
13 
(H) 
Evaluate the relative performance of various abatement techniques; 
14 
(I) 
Evaluate the long-term cost-effectiveness of interim control and abatement 
15 
strategies; and 
16 
(J) assess the effectiveness of hazard evaluation and reduction activities funded by this 
17 
Act. 
18 
SECTION 17. Separability Clause. - If any provision or part hereof is held invalid or 
19 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
20 
valid and subsisting. 
21 
SECTION 18. Repealing Clause. - Any law, presidential decree or issuance, executive 
22 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
23 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
24 
SECTION 29. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
25 
publication in at least two (2) newspapers of general circulation. 
Approved, 
20