I 
112TH CONGRESS 
2D SESSION 
H. R. 5911 
To amend the Toxic Substances Control Act relating to lead-based paint 
renovation and remodeling activities. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2012 
Mr. SULLIVAN (for himself, Mr. MURPHY of Pennsylvania, Mr. LONG, Mrs. 
NOEM, Mr. SCHOCK, Mr. BOREN, Mr. LUCAS, Mr. COLE, Mr. 
LANKFORD, and Mr. BOSWELL) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act relating to lead- 
based paint renovation and remodeling activities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lead Exposure Reduc-
tion Amendments Act of 2012’’. 
SEC. 2. DEFINITIONS. 
Section 401 of the Toxic Substances Control Act (15 
U.S.C. 2681) is amended— 
(1) in paragraph (1)— 
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(A) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
indenting the clauses appropriately; 
(B) in the first sentence, by striking ‘‘The 
term’’ and inserting the following: 
‘‘(A) IN GENERAL.—The term’’; 
(C) by striking ‘‘Such term includes—’’ 
and inserting the following: 
‘‘(B) INCLUSIONS.—The term ‘abatement’ 
includes—’’; and 
(D) by adding at the end the following: 
‘‘(C) EXCLUSIONS.—The term ‘abatement’ 
does not include any renovation, remodeling, or 
other activity— 
‘‘(i) the primary purpose of which is 
to repair, restore, or remodel target hous-
ing, public buildings constructed before 
1978, or commercial buildings; and 
‘‘(ii) that incidentally results in a re-
duction or elimination of lead-based paint 
hazards.’’; 
(2) by redesignating— 
(A) paragraphs (4) through (12) as para-
graphs (5) through (13); 
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(B) paragraph (13) as paragraph (15); 
and 
(C) paragraphs (14) through (17) and 
paragraphs (18) through (21), respectively; 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) EMERGENCY
RENOVATION.—The term 
‘emergency renovation’ means a renovation or re-
modeling activity that is carried out in response to 
an event— 
‘‘(A) that is an act of God, as that term 
is defined in section 101(1) of the Comprehen-
sive Environmental Response, Compensation, 
and Liability Act of 1980; or 
‘‘(B) that if not attended to as soon as is 
practicable— 
‘‘(i) presents a risk to the public 
health or safety; or 
‘‘(ii) threatens to cause significant 
damage to equipment or property.’’; 
(4) by striking paragraph (10) (as redesignated 
by paragraph (2)) and inserting the following: 
‘‘(10) LEAD-BASED PAINT.— 
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‘‘(A) IN GENERAL.—The term ‘lead-based 
paint’ means paint or other surface coatings 
that contain lead in excess of— 
‘‘(i) 1.0 milligrams per centimeter 
squared; or 
‘‘(ii) 0.5 percent by weight. 
‘‘(B) TARGET HOUSING.—With respect to 
paint or other surface coatings on target hous-
ing, the term ‘lead-based paint’ means paint or 
other surface coatings that contain lead in ex-
cess of the lower of— 
‘‘(i) the level described in subpara-
graph (A); or 
‘‘(ii) a level established by the Sec-
retary of Housing and Urban Development 
under section 302(c) of the Lead-Based 
Paint Poisoning Prevention Act.’’; 
(5) by inserting after paragraph (13) (as redes-
ignated by paragraph (2)) the following: 
‘‘(14) 
POSTABATEMENT
CLEARANCE
TEST-
ING.—The term ‘postabatement clearance testing’ 
means testing that— 
‘‘(A) is carried out upon the completion of 
any lead-based paint activity to ensure that— 
‘‘(i) the reduction is complete; and 
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‘‘(ii) no lead-based paint hazards re-
main in the area in which the lead-based 
paint activity occurs; and 
‘‘(B) includes a visual assessment and the 
collection and analysis of environmental sam-
ples from an area in which lead-based paint ac-
tivities occur.’’; and 
(6) by inserting after paragraph (15) (as redes-
ignated by paragraph (2)) the following: 
‘‘(16) RENOVATION.—The term ‘renovation’ 
has the meaning given such term in section 745.83 
of title 40, Code of Federal Regulations, as in effect 
on the date of enactment of this paragraph. 
‘‘(17) RENOVATION AND REMODELING REGULA-
TION.—The term ‘renovation and remodeling regula-
tion’ means a regulation promulgated under section 
402(a) and revised pursuant to section 402(c)(3)(A), 
as such regulation is applied to renovation or remod-
eling activities in target housing, public buildings 
constructed before 1978, and commercial build-
ings.’’. 
SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND 
CERTIFICATION. 
Section 402(c) of the Toxic Substances Control Act 
(15 U.S.C. 2682(c)) is amended— 
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(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) STUDY OF CERTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
prior to proposing any renovation and remod-
eling regulation after the date of enactment of 
the Lead Exposure Reduction Amendments Act 
of 2012, the Administrator shall conduct, sub-
mit to the Congress, and make available for 
public comment (after peer review) the results 
of, a study of the extent to which persons en-
gaged in various types of renovation and remod-
eling activities in target housing, public build-
ings constructed before 1978, or commercial 
buildings— 
‘‘(i) are exposed to lead in the conduct 
of such activities; and 
‘‘(ii) disturb lead and create a lead- 
based paint hazard on a regular or occa-
sional basis in the conduct of such activi-
ties. 
‘‘(B) SCOPE AND COVERAGE.—Each study 
conducted under subparagraph (A) shall con-
sider the risks described in clauses (i) and (ii) 
of such subparagraph with respect to each sepa-
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rate building type described in such subpara-
graph, as the regulation to be proposed would 
apply to each such building type.’’; 
(2) in paragraph (3)— 
(A) in the first sentence by striking ‘‘With-
in 4 years’’ and inserting the following: 
‘‘(A) IN
GENERAL.—Not later than 4 
years’’; and 
(B) by adding at the end the following: 
‘‘(B) EXEMPTION.—An emergency renova-
tion shall be exempt from any renovation and 
remodeling regulation, and a person carrying 
out an emergency renovation shall be exempt 
from any regulation promulgated under section 
406(b) with respect to the emergency renova-
tion. 
‘‘(C) PROHIBITION
ON
POSTABATEMENT 
CLEARANCE
REQUIREMENT.—No 
renovation 
and 
remodeling 
regulation 
may 
require 
postabatement clearance testing.’’; and 
(3) by adding at the end the following: 
‘‘(4) TARGET HOUSING OWNERS.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of this para-
graph, and subject to subparagraph (B), the 
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Administrator shall promulgate regulations to 
permit an owner of a residential dwelling that 
is target housing, who resides in such residen-
tial dwelling, to authorize a contractor to forgo 
compliance with the requirements of a renova-
tion and remodeling regulation with respect to 
such residential dwelling. 
‘‘(B) WRITTEN CERTIFICATION.—The reg-
ulations promulgated under subparagraph (A) 
shall require that an owner of a residential 
dwelling that is target housing, who resides in 
such residential dwelling, may only authorize a 
contractor to forgo compliance with the require-
ments of a renovation and remodeling regula-
tion if the owner submits to such contractor a 
written certification stating that— 
‘‘(i) the renovation or remodeling 
project is to be carried out at the residen-
tial dwelling in which the owner resides; 
‘‘(ii) no pregnant woman or child 
under the age of 6 resides in the residen-
tial dwelling as of the date on which the 
renovation or remodeling project com-
mences, or will reside in the residential 
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dwelling for the duration of such project; 
and 
‘‘(iii) the owner acknowledges that, in 
carrying out the project, such contractor 
will be exempt from the requirements of a 
renovation and remodeling regulation. 
‘‘(C) RESTRICTION.—A contractor may not 
forgo compliance with the requirements of a 
renovation and remodeling regulation pursuant 
to a written certification submitted under sub-
paragraph (B) if such contractor has actual 
knowledge of a pregnant woman or child under 
the age of 6 residing in the residential dwelling 
as of the date on which the renovation or re-
modeling commences (and for the duration of 
such project). 
‘‘(D) LIMITATION OF CONTRACTOR LIABIL-
ITY.—The Administrator may not hold a con-
tractor responsible for a misrepresentation 
made by the owner of a residential dwelling in 
a written certification submitted under subpara-
graph (B), unless the contractor has actual 
knowledge of such a misrepresentation. 
‘‘(5) TEST KITS.— 
‘‘(A) IN GENERAL.— 
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‘‘(i) 
RECOGNITION.—The 
Adminis-
trator shall recognize for use under this 
title a qualifying test kit, and publish in 
the Federal Register notice of such rec-
ognition. 
‘‘(ii) SUSPENSION OF ENFORCEMENT 
OF CERTAIN REGULATIONS.—If, not later 
than 1 year after the date of enactment of 
this paragraph, the Administrator does not 
recognize a qualifying test kit under clause 
(i), the Administrator— 
‘‘(I) shall publish in the Federal 
Register notice of such failure to rec-
ognize a qualifying test kit; and 
‘‘(II) except as provided in clause 
(iii), may not enforce any post-1960 
building renovation and remodeling 
regulation, with respect to a period 
beginning on the date that is 1 year 
after the date of enactment of this 
paragraph and ending on the date 
that is 6 months after the date on 
which the Administrator— 
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‘‘(aa) recognizes for use 
under this title a qualifying test 
kit; and 
‘‘(bb) publishes in the Fed-
eral Register notice of such rec-
ognition and of the date on which 
enforcement of the post-1960 
building renovation and remod-
eling regulations will resume. 
‘‘(iii) APPLICABILITY
OF
SUSPEN-
SION.—The Administrator shall not sus-
pend enforcement of any post-1960 build-
ing renovation and remodeling regulation 
for the period described in clause (ii)(II) 
with respect to a residential dwelling in 
which a pregnant woman or child under 
the age of 6 resides. 
‘‘(B) QUALIFYING TEST KIT.—In this sub-
section, the term ‘qualifying test kit’ means a 
chemical test that— 
‘‘(i) can determine the presence of 
lead-based paint, as defined in section 
401(10)(A); 
‘‘(ii) has a false positive response rate 
of 10 percent or less; 
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‘‘(iii) has a false negative response 
rate of 5 percent or less; 
‘‘(iv) does not require the use of off- 
site laboratory analysis to obtain results; 
‘‘(v) is inexpensively and commercially 
available; and 
‘‘(vi) does not require special training 
to use. 
‘‘(C) POST-1960
BUILDING
RENOVATION 
AND REMODELING REGULATION.—In this sub-
section, the term ‘post-1960 building renovation 
and remodeling regulation’ means a renovation 
and remodeling regulation, as it applies to— 
‘‘(i) target housing constructed after 
January 1, 1960; 
‘‘(ii) public buildings constructed be-
tween January 1, 1960 and January 1, 
1978; and 
‘‘(iii) 
commercial 
buildings 
con-
structed after January 1, 1960. 
‘‘(6) APPLICABILITY OF CERTAIN PENALTIES.— 
Any renovation and remodeling regulation requiring 
the submission of documentation to the Adminis-
trator shall provide— 
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‘‘(A) an exemption from an applicable pen-
alty for failure to comply with such requirement 
for a person who— 
‘‘(i) is submitting the required docu-
mentation for the first time; and 
‘‘(ii) submits documentation that con-
tains only de minimus or typographical er-
rors, as determined by the Administrator; 
and 
‘‘(B) a process by which a person described 
in subparagraph (A) may resubmit the required 
documentation. 
‘‘(7) ACCREDITATION
OF
RECERTIFICATION 
COURSES.—The hands-on training requirements re-
quired by subsection (a)(2)(D) shall not apply to any 
recertification course accredited by the Environ-
mental Protection Agency that is otherwise required 
to be completed under this title by a person that is 
certified to engage in renovation and remodeling ac-
tivities.’’. 
Æ 
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