I 
109TH CONGRESS 
1ST SESSION H. R. 1269 
To amend the Toxic Substances Control Act, the Internal Revenue Code 
of 1986, and the Public Buildings Act of 1959 to protect human health 
from toxic mold, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2005 
Mr. CONYERS introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Financial Services, Ways and Means, and the Judiciary, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Toxic Substances Control Act, the Internal 
Revenue Code of 1986, and the Public Buildings Act 
of 1959 to protect human health from toxic mold, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘United States Toxic Mold Safety and Protection Act of 
2005’’ or the ‘‘Melina Bill’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
TITLE I—RESEARCH AND PUBLIC EDUCATION 
Sec. 101. Definitions. 
Sec. 102. Health effects study and report. 
Sec. 103. Standards for preventing, detecting and remediating indoor mold 
growth. 
Sec. 104. Public education program. 
TITLE II—HOUSING AND REAL PROPERTY PROVISIONS 
Sec. 201. Inspection of residential property. 
Sec. 202. Sale or lease of residential property. 
Sec. 203. Inspection requirements for existing public housing. 
Sec. 204. Construction requirements for new public housing. 
Sec. 205. Building codes. 
Sec. 206. Inspection requirement in connection with federally made or insured 
mortgages. 
TITLE III—INDUSTRY STANDARDS DEVELOPMENT 
Sec. 301. Industry Standards Development. 
TITLE IV—INDOOR MOLD HAZARD ASSISTANCE 
Sec. 401. Grants for remediation of public buildings. 
TITLE V—TAX PROVISIONS 
Sec. 501. Tax credit for toxic mold inspection and remediation. 
TITLE VI—NATIONAL TOXIC MOLD HAZARD INSURANCE 
PROGRAM 
Subtitle A—Insurance Program 
Sec. 601. Program authority. 
Sec. 602. Scope of program and priorities. 
Sec. 603. Nature and limitation of insurance coverage. 
Sec. 604. Estimates of premium rates. 
Sec. 605. Establishment of chargeable premium rates. 
Sec. 606. National toxic mold hazard insurance fund. 
Sec. 607. Operating costs and allowances. 
Sec. 608. Payment of claims. 
Sec. 609. Dissemination of insurance information. 
Sec. 610. Coordination with other programs. 
Sec. 611. Reports. 
Subtitle B—Organization and Administration of Insurance Program 
Sec. 621. Implementation. 
PART 1—INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE 
Sec. 631. Industry insurance pool.
Sec. 632. Agreements with insurance pool. 
Sec. 633. Adjustment and payment of claims and judicial review. 
Sec. 634. Premium equalization payments. 
Sec. 635. Emergency implementation of program. 
PART 2—GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE 
Sec. 641. Federal operation of program. 
Sec. 642. Adjustment and payment of claims and judicial review. 
PART 3—PROVISIONS OF GENERAL APPLICABILITY 
Sec. 651. Services by insurance industry. 
Sec. 652. Use of insurance pool, companies, or other private organizations for 
certain payments. 
Sec. 653. Settlement and arbitration. 
Sec. 654. Records and audits. 
Subtitle C—Miscellaneous Provisions 
Sec. 661. Definitions. 
Sec. 662. Payments. 
Sec. 663. Government corporation control act. 
Sec. 664. Finality of certain transactions. 
Sec. 665. Authorization of appropriations. 
TITLE VII—HEALTH CARE PROVISIONS 
Sec. 701. Medicaid waiver. 
TITLE I—RESEARCH AND 
PUBLIC EDUCATION 
SEC. 101. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘mold’’ means any furry growth of 
minute fungi occurring in moist conditions; 
(2) the term ‘‘toxic mold’’ means any indoor 
mold growth capable of creating toxins that can 
cause pulmonary, respiratory, neurological or other 
major illnesses after minimal exposure, as such ex-
posure is defined by the Environmental Protection 
Agency, Center for Disease Control, National Insti-
tute of Health or other Federal, State or local agen-
cy organized in part to study and/or protect human 
health; 
(3) the term ‘‘toxic mold risk assessor’’ means 
a person who establishes the level of risk to public 
health associated with toxic mold; and 
(4) the term ‘‘mold inspection’’ means an in-
spection of real property that is designed to discover 
indoor mold growth, toxic mold growth, conditions 
that facilitate indoor mold growth and/or indicia of 
conditions that are likely to facilitate indoor mold 
growth. 
SEC. 102. RESEARCH AND REPORTING. 
(a) The Centers for Disease Control and Prevention, 
the Environmental Protection Agency, and the National 
Institutes of Health shall jointly undertake a comprehen-
sive study of the health effects of indoor mold growth and 
toxic mold. The results of the aforementioned study shall 
be submitted to the Congress, the President and the gen-
eral public. The study should ascertain among other 
things— 
(1) detailed information about harmful and/or 
toxic strains of mold; 
(2) methods of detecting harmful and/or toxic 
mold;
(3) potential dangers of prolonged exposure to 
indoor mold growth; 
(4) minimum levels of exposure at which indoor 
mold growth is harmful to human health; and 
(5) the hazards involved in mold remediation. 
(b) The Department of Housing and Urban Develop-
ment shall study and report the impact of construction 
standards on indoor mold growth. 
(c) EPA STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a comprehensive 
study on the economic impact of mold on home owners, 
renters, businesses, residential and commercial real estate, 
and litigation. 
(d) All research and study conducted pursuant to this 
Act shall be ongoing with updated reports published as 
needed to adequately inform the public and protect human 
health. 
SEC. 103. STANDARDS FOR PREVENTING, DETECTING, AND 
REMEDIATING INDOOR MOLD GROWTH. 
(a) After appropriate research and study as required 
by this Act, but not later than one year after the effective 
date of this Act, the Environmental Protection Agency, 
in conjunction with appropriate Federal agencies, shall 
promulgate national standards that include, among other 
things—
(1) standards for mold inspection, mold remedi-
ation, testing the toxicity of mold, and protection of 
mold remediators; 
(2) standards for certification of mold inspec-
tors, mold remediators, mold testing labs, mold risk 
assessors and industrial hygienist involved with mold 
remediation planning; and 
(3) standards for the design, installation, and 
maintenance of air ventilation and/or air-condi-
tioning systems to prevent mold growth or creation 
of conditions that foster mold growth, such as mois-
ture intrusion. 
(b) After appropriate research and study as required 
by this Act, but not later than one year after the effective 
date of this Act, the Secretary of the Department of Hous-
ing and Urban Development shall publish guidelines for 
building design, construction, operation, and maintenance 
to prevent conditions that foster mold growth, such as 
moisture intrusion, and recommending appropriate means 
of eliminating those conditions. These guidelines include 
identification of conditions that foster mold growth prior 
to construction, and shall recommend appropriate means 
of eliminating those conditions. 
(c) To the maximum extent possible, the standards, 
guidelines and recommendations established under this
section shall be developed with the assistance of organiza-
tions involved in establishing national building construc-
tion standards representatives of State or local authorities 
responsible for building inspections and issuance of certifi-
cates of occupancy. 
(d) The Environmental Protection Agency and the 
Department of Housing and Urban Development shall 
make drafts of their respective documents available for 
public review and comment 30 days prior to publication. 
The Environmental Protection Agency and the Depart-
ment of Housing and Urban Development shall make final 
model standards and techniques available to the public no 
later than one year after the effective date of this Act. 
(e) The Environmental Protection Agency shall take 
such actions as may be necessary to inform appropriate 
State and local government agencies and authorities of the 
model standards and techniques with the goal of ensuring 
that such agencies and authorities adopt such standards 
and techniques by June 1, 2004. 
(f) All standards and guidelines promulgated pursu-
ant to this Act shall be updated and published as needed 
to adequately inform the public and protect human health. 
SEC. 104. PUBLIC EDUCATION. 
(a) The Environmental Protection Agency, the Cen-
ters for Disease Control and Prevention, the National In-
stitutes of Health, and the Department of Housing and 
Urban Development, and other relevant agencies shall 
sponsor public education programs to promote and in-
crease public awareness of the dangers of indoor mold 
growth or toxic mold. 
(b) The public education programs should include, 
among other things, information regarding the conditions 
that facilitate indoor mold growth; guidelines for remedi-
ating indoor mold growth; dangers of exposure to indoor 
mold growth in public buildings; risk assessment and in-
spection methods for toxic mold; and other necessary in-
formation as determined by the Administrator of the Envi-
ronmental Protection Agency. 
(1) The public education programs shall provide 
education and information through modes of com-
munication that are commonly utilized and able to 
be easily consumed by relevant individuals or organi-
zations. 
(2) Public education programs should be de-
signed to reach health professionals; the general 
public; homeowners, prospective homeowners, land-
lords, and tenants; consumers of home improvement 
products; the real estate industry; the home con-
struction and renovation industry, including the 
heating and air conditioning industry; and other in-
dividuals and organizations with an interest in the 
use and/or occupancy of real property. 
(c) Notwithstanding the foregoing, the Environ-
mental Protection Agency, in consultation with appro-
priate agencies, shall publish, and periodically revise, a 
pamphlet regarding indoor mold hazards. Among other 
things this pamphlet should— 
(1) contain information regarding the health 
risks associated with exposure to indoor mold 
growth; 
(2) provide information on the hazards of in-
door mold growth in federally assisted and federally 
owned housing; 
(3) describe the risks of mold exposure for per-
sons residing in a dwelling with toxic mold; 
(4) provide information on approved methods 
for evaluating and reducing mold growth and their 
effectiveness in identifying, reducing, eliminating, or 
preventing mold growth; 
(5) advise persons how to obtain a list of per-
sons certified to inspect or remediate mold growth in 
the area in which the pamphlet is to be used; 
(6) state that a risk assessment or inspection 
for mold growth is recommended prior to the pur-
chase, lease, or renovation of target housing;
(7) state that certain State and local laws im-
pose additional requirements related to mold growth 
in housing and provide a listing of Federal, State, 
and local agencies in each State, including address 
and telephone number, that can provide information 
about applicable laws and available governmental 
and private assistance and financing; and 
(8) provide information deemed appropriate 
and/or necessary to promote awareness of the haz-
ards posed by indoor mold. 
(d) There is authorized to be appropriated such sums 
as may be necessary to carry out this section. 
TITLE II—HOUSING PROVISIONS 
FOR INDOOR MOLD HAZARD 
PREVENTION 
AND 
DETEC-
TION 
SEC. 201. INSPECTIONS OF RESIDENTIAL PROPERTY. 
Beginning with the calendar year 2004, the lessor of 
each unit of rental property shall conduct an annual in-
spection of such property in accordance with the model 
standards and techniques set forth in section 103 and 
shall promptly notify the occupants of such property of 
the results of such inspection.
SEC. 202. SALE OR LEASE OF RESIDENTIAL PROPERTY. 
(a) Not later than 2 years after the date of enactment 
of this Act, the Secretary of Housing and Urban Develop-
ment and the Administrator of the Environmental Protec-
tion Agency shall promulgate regulations under this sec-
tion for the disclosure of mold hazards in housing which 
is offered for sale or lease. 
(b) The regulations shall require that, before the sale 
or lease of real property a mold inspection be conducted 
by a State-certified mold inspector and, within a reason-
able time prior to the effective date of the purchase or 
lease, the seller or lessor shall clearly and accurately dis-
close to the purchaser or lessee the results of the inspec-
tion required under this subsection. 
(c) Regulations promulgated under this section shall 
provide that every contract for the sale or lease of any 
interest in housing shall contain a statement signed by 
both the seller or lessor and by the purchaser or lessee 
that acknowledges the result of the mold inspection re-
quired by subsection (b). 
(d)(1) Any person who knowingly misrepresents the 
results of a mold inspection or causes the results of a mold 
inspection to be inaccurate shall be subject to civil money 
penalties in accordance with the provisions of section 102 
of the Department of Housing and Urban Development 
Reform Act of 1989 (42 U.S.C. 3545).
(2) 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. 
(3) In any civil action brought for damages, the ap-
propriate court may award court costs to the party com-
mencing such action, together with reasonable attorney 
fees and any expert witness fees, if that party prevails. 
(e) The regulations under this section shall take ef-
fect 3 years after the date of the enactment of this Act. 
SEC. 203. INSPECTION REQUIREMENTS FOR EXISTING PUB-
LIC HOUSING. 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development shall establish procedures to elimi-
nate, as far as practicable, the hazards of indoor mold 
with respect to any existing public housing which may 
present such hazards, in accordance with this section. 
Such procedures shall provide for appropriate measures 
to conduct risk assessments, inspections, interim controls, 
and abatement of indoor mold hazards. 
(b) PROCEDURES.—At a minimum, such procedures 
shall require— 
(1) the provision of indoor mold hazard infor-
mation pamphlets to tenants;
(2) periodic risk assessments and interim con-
trols in accordance with a schedule determined by 
the Secretary; 
(3) mold inspections; 
(4) abatement of indoor mold hazards identi-
fied; 
(5) where risk assessment, inspection, or reduc-
tion activities have been undertaken, the provision of 
notice to occupants describing the nature and scope 
of such activities and the actual risk assessment or 
inspection reports; and 
(6) such other measures as the Secretary deems 
appropriate. 
(c) TRANSITIONAL TESTING AND ABATEMENT.— 
(1) PUBLIC HOUSING RECEIVING CAPITAL FUND 
ASSISTANCE.—The inspection required under this 
section for public housing assisted with amounts 
from the Capital Fund under section 9(d) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437g(d)) shall be conducted with respect to— 
(A) a random sample of dwellings and 
common areas in all public housing projects as-
sisted under such section; and 
(B) each dwelling in any public housing 
project in which there is a dwelling determined
under subparagraph (A) to have indoor mold 
hazards. 
(2) INSPECTION.—The Secretary shall require 
the inspection of all housing subject to this sub-
section in accordance with the modernization sched-
ule. A public housing agency may elect to test for in-
door mold hazards and may elect to abate such haz-
ards under standards more stringent than those es-
tablished under this section by the Secretary, and 
such abatement shall qualify for assistance from the 
Capital Fund. The Secretary shall require abatement 
of indoor mold hazards in housing in which the test 
results equal or exceed the standard established 
under this Act. Final inspection and certification 
after abatement shall be made by a certified mold 
inspector, industrial hygienist, or local public health 
official. 
(d) SCHEDULE.—Three years after the date of enact-
ment of this Act, the Secretary shall require the inspection 
of all housing subject to this section for mold. The Sec-
retary may prioritize, within such period, inspections on 
the basis of vacancy, age of housing, or projected mod-
ernization or rehabilitation. The Secretary shall require 
abatement and final inspection and certification of such 
housing.
(e) REPORT.—Not later than three and one-half 
years after the enactment of this Act, the Secretary shall 
submit a report to the Congress describing the results of 
the activities under this section. 
(f) FUNDING.—The Secretary shall use amounts 
available under the Capital Fund under section 9(d) of 
the United States Housing Act of 1937 to carry out this 
section. The Secretary shall submit annually to the Con-
gress an estimate of the funds required to carry out the 
provisions of this section. 
SEC. 204. CONSTRUCTION REQUIREMENTS FOR NEW PUB-
LIC HOUSING. 
The Secretary of Housing and Urban Development 
shall take such actions and impose such standards and 
conditions as may be necessary or appropriate to ensure 
that public housing constructed after the date of the 
issuance of the model construction standards and tech-
niques established under section 103, is constructed in ac-
cordance with such model standards and techniques. 
SEC. 205. BUILDING CODES. 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development shall develop model construction 
standards and techniques for preventing and controlling 
mold within new buildings.
(b) CONTENTS.—The model standards and tech-
niques shall provide for geographic differences in construc-
tion types and materials, geology, weather, and other vari-
ables that may affect mold levels in new buildings. 
(c) DEVELOPMENT AND PUBLICATION.—To the max-
imum extent possible, these standards and techniques 
should be developed with the assistance of organizations 
involved in establishing national building construction 
standards and techniques. The Secretary shall make a 
draft of the document containing the model standards and 
techniques available for public review and comment. The 
Secretary shall make final model standards and techniques 
available to the public no later than one year after the 
effective date of this Act. 
SEC. 206. INSPECTION REQUIREMENT IN CONNECTION 
WITH FEDERALLY MADE OR INSURED MORT-
GAGES. 
(a) IN GENERAL.—After December 31, 2006, no 
Federal agency (as such term is defined in section 551 
of title 5, United States Code) may make, insure, or guar-
antee a mortgage or loan for purchase or lease of residen-
tial real property unless— 
(1) there has been an inspection of the property 
for the presence of indoor mold growth, toxic mold 
and/or the conditions that facilitate indoor mold
growth hazards by a mold inspector certified in ac-
cordance with standards promulgated pursuant to 
this Act within a reasonable time prior to the mak-
ing, insuring, or guaranteeing of the mortgage or 
loan and the results of the inspection are clearly and 
accurately disclosed to the purchaser, seller and 
mortgagor; and 
(2) the contract for purchase and sale of an in-
terest in residential real property for which such 
mortgage or loan was made contains a statement 
signed by the seller or lessor and by the purchaser 
or lessee that paragraph (1) has been complied with. 
(b) REGULATIONS.—The heads of each of the agen-
cies that make, insure, or guarantee mortgages or loans 
for purchase or lease of residential real property shall, not 
later than September 30, 2006, issue such regulations as 
may be necessary to carry out this section. 
TITLE III—INDUSTRY 
STANDARDS DEVELOPMENT 
SEC. 301. INDUSTRY STANDARDS DEVELOPMENT. 
(a) DEFINITIONS.—Section 2 of the National Cooper-
ative Research and Production Act of 1993 (15 U.S.C. 
4301) is amended— 
(1) in subsection (a) by adding at the end the 
following:
‘‘(7) The term ‘standards development activity’ 
means any action taken by a standards development 
organization for the purpose of developing, promul-
gating, revising, amending, reissuing, interpreting, 
or otherwise maintaining a voluntary consensus 
standard for building products that are designed to 
retard the development of mold or the storage of 
those products or using such standard in conformity 
assessment activities. 
‘‘(8) The term ‘standards development organi-
zation’ has the same meaning as the terms ‘vol-
untary consensus standards body’ and ‘voluntary, 
private sector consensus standards body’ as such 
term are used in section 12(d) of the National Tech-
nology Transfer and Advancement Act of 1995 and 
in Circular Number A–119, as revised February 10, 
1998, of the Office of Management and Budget. 
‘‘(9) The term ‘technical standard’’has the 
meaning given such term in section 12(d)(4) of the 
National Technology Transfer and Advancement Act 
of 1995. 
‘‘(10) The term ‘voluntary consensus standard’ 
has the meaning given such term in Circular Num-
ber A–119, as revised February 10, 1998, of the Of-
fice of Management and Budget.’’; and
(2) by adding at the end the following: 
‘‘(c) The term ‘standards development activity’ ex-
cludes the following activities: 
‘‘(1) Exchanging information among competi-
tors relating to cost, sales, profitability, prices, mar-
keting, or distribution of any product, process, or 
service that is not reasonably required for the pur-
pose of developing or promulgating a voluntary con-
sensus standard, or using such standard in con-
formity assessment activities. 
‘‘(2) Entering into any agreement or engaging 
in any other conduct that would allocate a market 
with a competitor. 
‘‘(3) Entering into any agreement or conspiracy 
that would set or restrain prices of any good or serv-
ice.’’. 
(b) RULE OF REASON STANDARD.—Section 3 of the 
National Cooperative Research and Production Act of 
1993 (15 U.S.C. 4302) is amended by striking ‘‘of any 
person in making or performing a contract to carry out 
a joint venture shall’’ and inserting the following: 
‘‘of— 
‘‘(1) any person in making or performing a con-
tract to carry out a joint venture, or
‘‘(2) a standards development organization 
while engaged in a standards development activity, 
including a standards development activity for build-
ing products that are designed to retard the develop-
ment of mold or the storage of those products 
shall’’. 
(c) LIMITATION ON RECOVERY.—Section 4 of the 
National Cooperative Research and Production Act of 
1993 (15 U.S.C. 4303) is amended— 
(1) in subsections (a)(1), (b)(1), and (c)(1) by 
inserting ‘‘, for a standards development activity en-
gaged in by standards development organization 
against which such claim is made’’ after ‘‘joint ven-
ture’’, and 
(2) in subsection (e)— 
(A) by inserting ‘‘, or of a standards devel-
opment activity engaged in by a standards de-
velopment organization’’ before the period at 
the end, and 
(B) by redesignating such subsection as 
subsection (f), and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) Subsections (a), (b), and (c) shall not be con-
strued to modify the liability under the antitrust laws of
any person (other than a standards development organiza-
tion) who— 
‘‘(1) directly (or through an employee or agent) 
participates in a standards development activity with 
respect to which a violation of any of the antitrust 
laws is found, 
‘‘(2) is not a full-time employee of the stand-
ards development organization that engaged in such 
activity, and 
‘‘(3) is, or is an employee or agent of a person 
who is, engaged in a line of commerce that is likely 
to benefit directly from the operation of the stand-
ards development activity with respect to which such 
violation is found.’’. 
(d) ATTORNEY FEES.—Section 5 of the National Co-
operative Research and Production Act of 1993 (15 
U.S.C. 4304) is amended— 
(1) in subsection (a) by inserting ‘‘, or of a 
standards development activity engaged in by a 
standards development organization (including an 
organization developing standards for building prod-
ucts that are designed to retard the development of 
mold or the storage of those products)’’ after ‘‘joint 
venture’’, and 
(2) by adding at the end the following:
‘‘(c) Subsections (a) and (b) shall not apply with re-
spect to any person who— 
‘‘(1) directly participates in a standards devel-
opment activity (including developing standards for 
building products that are designed to retard the de-
velopment of mold or the storage of those products) 
with respect to which a violation of any of the anti-
trust laws is found, 
‘‘(2) is not a full-time employee of a standards 
development organization (including an organization 
developing standards for building products that are 
designed to retard the development of mold or the 
storage of those products) that engaged in such ac-
tivity, and 
‘‘(3) is, or is an employee or agent of a person 
who is, engaged in a line of commerce that is likely 
to benefit directly from the operation of the stand-
ards development activity with respect to which such 
violation is found.’’. 
(e) DISCLOSURE OF STANDARDS DEVELOPMENT AC-
TIVITY.—Section 6 of the National Cooperative Research 
and Production Act of 1993 (15 U.S.C. 4305) is amend-
ed— 
(1) in subsection (a)—
(A) by redesignating paragraphs (1), (2), 
and (3) as subparagraphs (A), (B), and (C), re-
spectively, 
(B) by inserting ‘‘(1)’’ after ‘‘(a)’’, and 
(C) by adding at the end the following: 
‘‘(2) A standards development organization (includ-
ing an organization developing standards for building 
products that are designed to retard the development of 
mold or the storage of those products) may, not later than 
90 days after commencing a standards development activ-
ity engaged in for the purpose of developing or promul-
gating a voluntary consensus standards or not later than 
90 days after the date of the enactment of the Standards 
Development Organization Advancement Act of 2002, 
whichever is later, file simultaneously with the Attorney 
General and the Commission, a written notification dis-
closing— 
‘‘(A) the name and principal place of business 
of the standards development organization, and 
‘‘(B) documents showing the nature and scope 
of such activity. 
Any standards development organization (including an or-
ganization developing standards for building products that 
are designed to retard the development of mold or the 
storage of those products) may file additional disclosure
notifications pursuant to this section as are appropriate 
to extend the protections of section 4 to standards develop-
ment activities that are not covered by the initial filing 
or that have changed significantly since the initial filing.’’, 
(2) in subsection (b)— 
(A) in the 1st sentence by inserting ‘‘, or 
a notice with respect to such standards develop-
ment activity that identifies the standards de-
velopment organization engaged in such activity 
and that describes such activity in general 
terms’’ before the period at the end, and 
(B) in the last sentence by inserting ‘‘or 
available to such organization, as the case may 
be’’ before the period, 
(3) in subsection (d)(2) by inserting ‘‘, or the 
standards development activity,’’ after ‘‘venture’’, 
(4) in subsection (e)— 
(A) by striking ‘‘person who’’ and inserting 
‘‘person or standards development organization 
that’’, and 
(B) by inserting ‘‘or any standards devel-
opment organization (including an organization 
developing standards for building products that 
are designed to retard the development of mold
or the storage of those products)’’ after ‘‘per-
son’’ the last place it appears, and 
(5) in subsection (g)(1) by inserting ‘‘or stand-
ards development organization (including an organi-
zation developing standards for building products 
that are designed to retard the development of mold 
or the storage of those products)’’ after ‘‘person’’. 
TITLE IV—INDOOR MOLD 
HAZARD ASSISTANCE 
SEC. 401. GRANTS FOR REMEDIATION OF PUBLIC BUILD-
INGS AND SEVERELY IMPACTED HOMES. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall make grants available 
to State and local governments to cover— 
(1) costs associated with remediating mold 
growth in buildings owned or leased by such govern-
ments, including but not limited to schools and mul-
tifamily dwellings, and to the owners of residential 
properties, including both single family and multi- 
family properties; and 
(2) the costs of temporary housing, food, and 
moving costs for periods not in excess of 6 months 
for individuals severely impacted by toxic mold in 
their residences who are without insurance coverage 
for toxic mold and who do not have financial re-
sources to obtain alternative housing, as determined 
on a case by case basis by the State or local govern-
ment. 
(b) USE OF FUNDS.—All funds included in a grant 
under subsection (a)(1) that are awarded to schools shall 
only be used for purposes of remediation, including the 
the costs of inspection, risk assessment, testing, remedi-
ation, and maintenance. 
TITLE V—TAX PROVISIONS 
SEC. 501. TAX CREDIT FOR TOXIC MOLD INSPECTION AND 
REMEDIATION. 
(a) IN GENERAL.—Subpart B of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 30B. CREDIT FOR MOLD INSPECTION AND REMEDI-
ATION. 
‘‘(a) GENERAL RULE.—There shall be allowed as a 
credit against the tax imposed by this chapter for the tax-
able year an amount equal to 60 percent of mold inspec-
tion and remediation expenses paid or incurred by the tax-
payer during such taxable year. 
‘‘(b) LIMITATION.—The amount of the credit allowed 
under subsection (a) for any taxable year shall not exceed 
$50,000.
‘‘(c) MOLD INSPECTION
AND REMEDIATION EX-
PENSES.—For purposes of this section, the term ‘mold in-
spection and remediation expenses’ means expenses paid 
or incurred by the taxpayer (and not reimbursed by insur-
ance or otherwise) to carry out— 
‘‘(1) a risk assessment or inspection of housing 
for the presence of indoor mold hazards under sec-
tion 202 of the United States Toxic Mold Safety and 
Protection Act, 
‘‘(2) a risk assessment or inspection of any 
other building for the presence of mold (as defined 
in section 101(2) of the United States Toxic Mold 
Safety and Protection Act), or 
‘‘(3) a remediation of mold growth in housing 
or any other building. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—No deduction 
or credit under any other provision of this chapter shall 
be allowed with respect to mold inspection and remedi-
ation expenses taken into account for the credit under this 
section. 
‘‘(e) CERTAIN RULES MADE APPLICABLE.—All per-
sons treated as one employer under subsection (a) or (b) 
of section 52 shall be treated as 1 taxpayer for purposes 
of this section.
‘‘(f) APPLICATION WITH OTHER CREDITS.—The 
credit allowed by subsection (a) for any taxable year shall 
not exceed the excess (if any) of— 
‘‘(1) the regular tax for the taxable year, re-
duced by the sum of the credits allowable under sub-
part A and the preceding sections of this subpart, 
over 
‘‘(2) the tentative minimum tax for the taxable 
year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by add-
ing at the end the following: 
‘‘30B. Credit for mold inspection and remediation.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred in tax-
able years beginning after December 31, 2006. 
TITLE 
VI—NATIONAL 
TOXIC 
MOLD 
HAZARD 
INSURANCE 
PROGRAM 
Subtitle A—Insurance Program 
SEC. 601. PROGRAM AUTHORITY. 
(a) IN GENERAL.—The Director of the Federal 
Emergency Management Agency shall establish and carry 
out a national toxic mold insurance program to enable in-
terested persons to purchase insurance against losses re-
sulting from mold hazards in real properties located in the 
United States. 
(b) PARTICIPATION.—In carrying out the toxic mold 
hazard insurance program under this title, the Director 
shall, to the maximum extent practicable, encourage and 
arrange for— 
(1) appropriate financial participation and risk 
sharing in the program by insurance companies and 
other insurers; and 
(2) other appropriate participation on other 
than a risk-sharing basis, by insurance companies 
and other insurers, insurance agents and brokers, 
and insurance adjustment organizations, in accord-
ance with the provisions of subtitle B. 
SEC. 602. SCOPE OF PROGRAM AND PRIORITIES. 
(a) PRIORITY OF PROGRAM SCOPE.—In carrying out 
the toxic mold hazard insurance program, the Director 
shall afford a priority to making toxic mold hazard insur-
ance available to cover residential properties which are de-
signed for the occupancy of from one to four families. 
(b) ADDITIONAL SCOPE.—If, pursuant to studies and 
investigations pursuant to section 604 or such other infor-
mation as the Director considers appropriate, the Director 
determines that it would be feasible to extend the insur-
ance program under this title to cover other properties,
the Director may take such action under this title as may 
be necessary to make insurance available to cover, on such 
basis as may be feasible, any types and classes of— 
(1) other residential properties; 
(2) church properties, and business properties 
which are owned or leased and operated by small 
business concerns; 
(3) other business properties; 
(4) properties occupied by private nonprofit or-
ganizations; and 
(5) properties owned by State and local govern-
ments and agencies thereof; 
and any such extensions of the program to any types and 
classes of these properties shall from time to time be pre-
scribed in regulations. 
SEC. 603. NATURE AND LIMITATION OF INSURANCE COV-
ERAGE. 
The Director shall from time to time, after consulta-
tion with interested parties (including the insurance au-
thorities of the States), provide by regulation for general 
terms and conditions of insurability which shall be applica-
ble to properties eligible for toxic mold hazard insurance 
coverage under section 602, including— 
(1) the types, classes, and locations of any such 
properties which shall be eligible for such insurance;