THIRTEENTH CONGRESS OF THE REPUBLIC) 
'04 RUG 10 P4 3.7 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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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 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. 
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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. 
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MIRIAM DEFE 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REDUCE LEAD-BASED PAINT HAZARDS IN ESIDENTIAL ENVIRONMENTS 
Be it enacted by the Senate and the House of Representatives of the 
SECTION 1. Short Title. -'This Act shall be known as the 
Congress assembled: 
Paint Hazard Reduction Act". 
SECTION 2. Purposes. - The purposes of this Act are - 
(1) to develop a national strategy to build the infrastructure necessary to eliminate lead- 
based paint hazards in all housing as expeditiously as possible; 
(2) to reorient the national approach to the presence o f 1 ead-based p aint 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; 
(3) 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; 
(4) 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; 
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(5) to mobilize national resources expeditiously, 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; 
(6) to reduce the threat of childhood lead poisoning in housing owned, a sisted, or 
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transferred by the government; and 


(7) to educate the public concerning the hazards and sources of lead-based paint 
poisoning and steps to reduce and eliminate such hazards. 
SECTION 3. Dejnitions. - For the purposes of this Act, the following definitions shall 
apply: 
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(I) 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: 
(a) the removal of lead-based paint and lead-contaminated dust, the permanent 
containment or encapsulation of lead-based paint, the replaceme t of lead- 
painted surfaces or fixtures, and the removal or covering of lead co taminated 
soil; and 
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(b) all preparation, cleanup, disposal and postabatement clearance testing 
activities associated with such measures. 
(2) 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. 
(3) The term “certified contractor” means - 
(a) 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 
(b) workers or designers who have fully met training requirements established by 
the appropriate agency. 
(4) 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. 


(5) 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. 
(6) The term “evaluation” means a risk assessment, inspection, or risk assessment and 
inspection. 
(7) The term “friction surface” means an interior or exterior surface that is subject to 
abrasion or friction, including certain window, floor and stair surfaces. 
(8) The term “impact surface” means an interior or exterior surface that is subject to 
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damage by repeated impacts for example, certain parts of door frames. 
(9) 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. 
(IO) The term “interim controls” means a set of measures designed to reduce t mporarily 
human exposure or liltely exposure to lead-based paint hazards, including specialize 1 cleaning, 
repairs, maintenance, painting, temporary containment, ongoing monitoring of lead- ased paint 
hazards or potential hazards, and the establishment and operation of management and resident 
education programs. 
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(I 1) 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. 
(12) 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. 
(1 3) 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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(14) -?he term “reduction” means measures designed to reduce or eliminate human 
exposure to lead-based paint hazards through methods including interim controls and abatement. 


(1 5) The term “residential dwelling” means - 
(a) a single-family dwelling, including attached structures such as porches and 
stoops; or 
(b) 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. 
(16) 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. 
(17) The 
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~ tem “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 - 
(a) information gathering regarding the age and history of the housing and 
occupancy by children under age 6; 
(b) visual inspection; 
(c) limited wipe sampling or other environmental sampling techniques; 
(d) other activity as may be appropriate; and 
(e) provision of a report explaining the results of the investigation. 
(18) The term “Chairman” means the Chairman of Housing and Urban Development 
Consultative Council. 
(19) The term “Secretary” means the Secretaty of Environment and Natural Resources. 
(20) 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 less than 6 years of 
age resides or is expected to reside in such housing for the elderly or persons with disabilities) or 
any 0-bedroom dwelling. 
(21) The term “lead-based paint activities” means - 
(a) in the case of target housing, risk assessment, inspection, and abatement; and 


@) in the case of any public building constmcted before 1978, c mmercial 
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. 
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TITLE A - LEAD EXPOSURE REDUCTION 
SECTION 4. Lead-Bused Puint Activities Paining And CevtiJication. - 
(1) Regulations - (a) 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 S ecretary o f H ealth, p romulgate final regulations governing lead-based 
paint activities to ensure - 
-. (i) that individuals engaged in such activities are properly trained; 
(ii) that training programs are accredited; and 
(iii)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 erformed 
by certified contractors. 
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(b) 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 planners, and other individuals involved in 
lead-based paint activities, including, but not limited to, each of the following: 
(i) 
(ii) 
Minimum training curriculum requirements; 
(iii) 
Minimum training hour requirements; 
(iv) 
Minimum hands-on training requirements; 
(v) 
Minimum requirements for the accreditation of training providers; 
Minimum trainee competency and proficiency requirements; 


(vi) 
Minimum requirements for training program quality control; 
(i) 
persons operating training programs accredited under this title; a d 
(ii) 
lead-based paint activities contractors certified ' in accord rice' with 
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(c) Accreditation and certification fees - The Secretary shall impose a fee on -- 
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 applicable 
to such programs and contractors. 
The Secretary may waive the fee for lead-based paint 
activities contractors under subparagraph (i) for the purpose of training their own employees. 
(2) Renovation and Remodeling - (a) Guidelines - In order to reduce the risk of exposure 
to lead in connection with renovation and remodeling 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 
remodeling 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 
remodeling through hardware and paint stores, employee organizations, trade groups, and 
through oth6F;appropriate means. 
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(b) Study of certification - The Secretary shall conduct a study of the extent to 
which persons engaged in various types of renovation and remodeIing 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. 
(c) Certification determination - Within 4. years after the enactm nt of this 
section, the Secretary shall revise the regulations under subsection (1) to apply the regulations to 
renovation or remodeling 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 
(b) and consult with the representatives of labor organizations, lead-based paint activities 
contractors, persons engaged in remodeling and renovation, experts in lead health effects, and 
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others. If the Secretary determines that a category of contractors engaged in renovation or 
remodeling does not require certification, the Secretary shall publish an explanation of the basis 
for that determination. 
and annually thereafter, the Secretary shall publish and make available to the public 
certified or accredited environmental sampling laboratories. 
SECTION 5. Identijkation of Dangerous Levels of Lead. - Within 18 
enactments of this title, the Secretary shall promulgate regulations which 
purposes of this title, lead-based paint hazards, lead-contaminated dust, and 
soil. 
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SECTION 6. Lead Abatement and Measurement. - 
(1) 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, and abatement of lead-based paint and other 
lead exposure hazards. 
(2) Standards for Environmental Sampling Laboratories - (a) The Secretary, shall 
establish protocols, criteria, and minimum performance standards for laboratory analysis of lead 
in paint films, soil, and dust. Within 2 years after the enactment of this title, the Secretary, in 
consultation with the Secretary of Health, shall establish a program to certify laboratories as 
qualified to test substances for lead content unless the Secretary determines, by the date specified 
in this paraGYph, 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 minimnm, demonstrate an ability to test substances accurately for lead 
content. 
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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 morZ’than 12 months thereafter, establish a certification program that meets 
the requirements of paragraph (a). 
(3) Exposure Studies - (a) 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). 
(b) The Secretary shall conduct a comprehensive study of mean to reduce 
hazardous occupational lead abatement exposures. This study shall include, at a mini um, each 
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of the following - 
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(i) Surveillance and intervention capability to identify and prevent 
hazardous exposures to lead abatement workers. 
(ii) Demonstration of lead abatement control methods and devices and 
work practices to identify and prevent hazardous lead exposures in the workplace. 
(iii)Evalualion of health effects of low and high levels of occupational 
lead exposures on reproductive, neurological, renal, and cardiovascular health. 
(iv)Identification of high risk occupational settings to which prevention 
activities and resources should be targeted. 
(v) A study assessing the potential exposures and risks from lead to 
janitorial and custodial workers. 
(c) The studies described in paragraphs (A) and (B) shall, as appropriate, examine the 
relative contributions to.=slevated lead body burden from each of the following: 
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(i) Drinking water, 
(ii) Food. 
(iii) Lead-based paint and dust from lead-based paint. 
(iv) Exterior sources such as ambient air and lead in soil. 
(v) Occupational exposures, and other exposures that th 
determines to be appropriate. 


(d) 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 (a) 
and (b). 
(4) Public Education. (b) The Secretary, in conjunction with the Secretary of Health, 
shall sponsor public education and outreach activities to increase public awareness of - 
-(i) the scop: lrnd severity of lead poisoning from household sources; 
(ii) potential exposure to sources of lead in schools and childhood day care 
centers; 
(iii) the implications of exposures for men and women, particularly those of 
childbearing age; 
(iv) the need for careful, quality, abatement and management actions; 
(v) the need for universal screening of children; 
(vi) other components of a lead-poisoning prevention program; 
(vii) the health consequences of lead exposure resulting from lead-based paint 
hazards; 
(viii) risk assessment and inspection methods for lead-based paint hazards; and 
(ix) measures to reduce the risk of lead exposure from the lead-based paint. 
(b) The activities described in paragraph (A) shall be designed to provide educational 
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services and information to -- 
(i) health professionals; 
(ii) the general public, with emphasis on parents of young children; 
(iii) homeowners, landlords and tenants 
(iv) consumers of home improvement products; 
(v) residential real estate industry; and 
(vi) the home renovation industry 
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(c) 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. 


( 5 )  Technical Assistance. - (a) 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 - 
(i) 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 methods, environmental hazards abatement, and 
clean-up standards; 
(ii) 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 
(iii) perform any other duty that the Secretary determines necessary to achieve the 
purposes of this Act. 
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(b) Hotline - Not later than 6 months after the enactment of this subs ction, the 
Secretary, in cooperation with other agencies and local governments, shall establi h 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. 
(6) 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 
appropriate agency. 
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eliminating, or preventing exposure to lead-based paint hazards; 
(f) advise persons how to obtain a list of contractors certified pursuant 
in lead-based paint hazards evaluation and reduction in.the area in 
to this title 
which the 


SECTION 8. Regulations. - The regulations of the Secretary under this title s all include 
such recordkeeping and reporting requirements as may be necessary to insure the effective 
implementation of this title. The regulations may be amended from time to time as necessary. 
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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 isolated, 
intermittent or continuing violations. The government hereby expressly waives any immunity 
otherwise applicable to it with respect to any such substantive or procedural 
quirement 
(including, but not limited to, any injunctive relief, administrative order, 
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administrative penalty or fine referred to in the preceding sentence, 'or reasona 1 
le 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 nondiscriminatory 
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. 


TITLE B - LEAD BASED PAINT HAZARD REDUCTlON 
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(e) 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. 
(3) Eligible Activities - A grant under this section may be used to - 
(b) provide for the interim control of lead-based paint hazards in target ousing; 
(c) provide for the abatement of lead-based paint hazards in target hous'ng;. 
(a) perform risk assessments and inspections in target housing; 
(d) provide for the additional cost of reducing lead-based paint hazards in units 
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undergoing renovation funded by other sources; 
(e) ensure that risk assessments, inspections, and abatements are carried out by 
certified contractors in accordance with this Act; 
(f) monitor the blood-lead levels of workers involved in lead hazard reduction 
activities funded under this section; 
(g) assist in the temporary relocation of families force to vacate priority housing 
while lead hazard reduction measures are being conducted; 
(h) 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; 
(i) 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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0) carry out such activities that the Chairman determines appropriate to promote 
the purposes of this Act. 
(4) Forms of Assistance - The local government unit applicant 
described in this section through a variety of programs, 
investments, revolving loans, loan funds, loan guarantees, 
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of assistance approved by the Chairman. 


(5) Matching Requirement - Each recipient of a grant under this section shall make 
contributions toward the cost of activities that receive assistance under this section in an aniount 
not less than20 percent~ofthe total grant amount under this section. 
(6) Prohibition of 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. 
(7) Limitation on Use - An applicant shall ensure that not more than 10 percent of the 
(8) Financial Records - An applicant shall maintain and provide the Ch rman 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. 
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(9) 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 - 
(a) describes the use of the amounts received; 
(b) states the number of risk assessments and the number of inspections 
conducted in residential dwellings; 
(c) states the number of residential dwellings in which lead-based paint hazards 
have been reduced through interim controls; 
(d) 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 
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appropriate. 
(10) Notice of Funding Availability - The Chairman shall publish a Notice of Funding 
Availability pursuant to this section not later than 120 days after funds are appropriated for this 
section. 
(a) Authorization of Appropriations - For the purposes of canying o 
there are authorized to be appropriated such sums as may be necess 


SECTION 12. Evaluation And Reduction of Lead-Bused 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 13. Task Force on Lead-Based Paint Hazavds Reduction and Financing. - 
(1) In General - The Chairman, in consultation with the Secretary and the ecretary 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. 
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(2) 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, nonprofit 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. 
(3) Responsibilities - The task force shall make recommendations to the Chairman and 
the Secretary of the Environment and Natural Resources concerning - 
(a) incorporating the need to finance lead-based paint hazard reduction into 
underwriting standards; 
(b) developing new loan products and procedures for financing lead-based paint 
hazard - evaluation and reduction activities; 
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(c) adjusting appraisal guidelines to address lead safety; 
(d) incorporating risk assessments or inspections for lead-based paint as a routine 
procedure in the origination of new-residential mortgages; 
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(e) issuing guidelines, regulations and educational pamphlets issued by the 
Council relating to lead-based paint poisoning prevention; 
(f) 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 
(8) evaluating the utility and appropriateness of requiring risk assessments or 
inspections and notification to prospective lessees of rental housing. 
(4) Compensation. - The members of the task force shall not receive compensation for 
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their participiition. 
SECTION 14. 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. 
SECTION 15. Guidelines for Lead-Based Paint Hazard Evaluation and 
ioisoning 
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?eduction 
Activities. - Not later than 12 months after the date of enactment of this Act, the Chairman, in 
consultation with the Secretary, the Secretary of Labor, and the Secretary of Health, shall issue 
guidelines for the conduct of all government supported work involving risk assessments, 
inspections, interim controls, and abatement of lead-based paint hazards. Such guidelines shall 
be based upon criteria that measure the condition of the housing (and the presence 
under age 6 for the purposes of risk assessments) and shall not be based upon 
measure the health of the residents of the housing. 
SECTION 16. Disclosure of Information Concerning Lead Upon Trunsfer of Residential 
Property. -Lead Disclosure in Purchase and Sale or Lease of Target Housing. 
(1) Lead-based Paint Hazards - Not later than 2 years after the date of enactment of this 
Act, the C haj-man and t=he S ecretary o f E nvironment and Natural Resources shall promulgate 
regulations under this section for the disclosure o f 1 ead-based p aint hazards i n  t arget 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 - 
(a) provide the purchaser or lessee with a lead-hazard information pamphlet, as 
prescribed by the guidelines issued pursuant to this Act; 
(b) 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 
(c) permit the purchaser a 10-day period (unless the parties mutually agree upon a 
different period of time) to conduct a risk assessment or inspection for the 
presence of lead-based paint hazards. 
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(2) 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 - 
(a) read the Lead Warning Statement and understands its contents; 
(c) had a 10-day opportunity (unless the parties agreed upon a differe t period of 
time) before becoming obliged under the contract to purchase the housing to 
(b) received a lead hazard information pamphlet; and 
conduct a risk assessment or inspection for the presence of lead-based paint 
hazards. 
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(3) 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 
purchased 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 developing lead poisoning. Lead poisoning in young 
children may produce permanent neurological damage, including learning disabilities, reduce 
intelligence quotient, behavioral 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 from risk 


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assessments or inspections in the seller’s possession and notify the buyer of any k own lead- 
based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is 
recommended prior to purchase.” 
(4) 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. 
(5) 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 necessq 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 3 times the amount 
of damages incurred by such individual. 
(6) 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. 
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(7) Effective Date - The regulations under this section shall take effect 3 years after the 
date of the enactment of this title. 
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TITLE ‘2 -RESEARCH AND DEVELOPMENT 
SECTION 17. 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. 
SECTION 18. 
Testing Technologies. - The Secretary, in cooperation with other 
agencies, shall conduct research to - 
(1) develop improved methods for evaluating lead-based paint hazards in housing; 


(2) develop improved methods for reducing lead-based paint hazards in housing; 
(3) develop improved methods for measuring lead in paint films, dust, and soil amples; 
(4) establish performance standards for various detection methods, includin spot test 
kits; 
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, 
(5) establish performance standards for lead-based paint hazard reduction methods, 
including the use of encapsulants; 
(6) establish appropriate cleanup standards; 
(7) evaluate the efficacy of interim controls in various hazard situations; 
(8) evaluate the relative performance of various abatement techniques; 
(9) evaluate the long-term cost-effectiveness of interim control and abatement strategies; 
and 
(10) assess the effectiveness of hazard evaluation and reduction activities funded by this 
Act. 
SECTION 19. 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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SECTION 20. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instrnction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 2 1. Effectivity Clause. - This Act effect fifteen (1 5 )  
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in at least two (2) newspapers of general circulation. 
Approved. 
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