[Congressional Record Volume 159, Number 121 (Monday, September 16, 2013)]
[Senate]
[Pages S6475-S6476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1928. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. LEAD EXPOSURE REDUCTION.

       (a) Short Title.--This section may be cited as the ``Lead 
     Exposure Reduction Amendments Act of 2013''.
       (b) Definitions.--Section 401 of the Toxic Substances 
     Control Act (15 U.S.C. 2681) is amended--
       (1) in paragraph (1)--
       (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 housing, public buildings constructed 
     before 1978, or commercial buildings; and
       ``(ii) that incidentally results in a reduction or 
     elimination of lead-based paint hazards.'';
       (2) by redesignating--
       (A) paragraphs (4) through (12) as paragraphs (5) through 
     (13);
       (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 following:
       ``(4) Emergency renovation.--The term `emergency 
     renovation' means a renovation or remodeling 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 Comprehensive 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.--
       ``(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 housing, the term `lead-based 
     paint' means paint or other surface coatings that contain 
     lead in excess of the lower of--
       ``(i) the level described in subparagraph (A); or
       ``(ii) a level established by the Secretary of Housing and 
     Urban Development under section 302(c) of the Lead-Based 
     Paint Poisoning Prevention Act.'';
       (5) by inserting after paragraph (13) (as redesignated by 
     paragraph (2)) the following:
       ``(14) Postabatement clearance testing.--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
       ``(ii) no lead-based paint hazards remain in the area in 
     which the lead-based paint activity occurs; and
       ``(B) includes a visual assessment and the collection and 
     analysis of environmental samples from an area in which lead-
     based paint activities occur.''; and
       (6) by inserting after paragraph (15) (as redesignated 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 regulation.--The term 
     `renovation and remodeling regulation' 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 remodeling activities in target housing, public 
     buildings constructed before 1978, and commercial 
     buildings.''.
       (c) Lead-based Paint Activities Training and 
     Certification.--Section 402(c) of the Toxic Substances 
     Control Act (15 U.S.C. 2682(c)) is amended--
       (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 remodeling regulation after the date of 
     enactment of the Lead Exposure Reduction Amendments Act of 
     2013, the Administrator shall conduct, submit to the 
     Congress, and make available for public comment (after peer 
     review) the results of, a study of the extent to which 
     persons engaged in various types of renovation and remodeling 
     activities in target housing, public buildings 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 occasional basis in the conduct of such 
     activities.
       ``(B) Scope and coverage.--Each study conducted under 
     subparagraph (A) shall consider the risks described in 
     clauses (i) and (ii) of such subparagraph with respect to 
     each separate building type described in such subparagraph, 
     as the regulation to be proposed would apply to each such 
     building type.'';
       (2) in paragraph (3)--
       (A) in the first sentence by striking ``Within 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 renovation 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 renovation.
       ``(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 paragraph, and subject to subparagraph (B), 
     the Administrator shall promulgate regulations to permit an 
     owner of a residential dwelling that is target housing, who 
     resides in such residential dwelling, to authorize a 
     contractor to forgo compliance with the requirements of a 
     renovation and remodeling regulation with respect to such 
     residential dwelling.
       ``(B) Written certification.--The regulations 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 requirements of a renovation and 
     remodeling regulation 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 residential dwelling in which the owner resides;
       ``(ii) no pregnant woman or child under the age of 6 
     resides in the residential dwelling as of the date on which 
     the renovation or remodeling project commences, or will 
     reside in the residential 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 subparagraph (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 remodeling commences (and for the duration 
     of such project).
       ``(D) Limitation of contractor liability.--The 
     Administrator may not hold a contractor responsible for a 
     misrepresentation made by the owner of a residential dwelling 
     in a written certification submitted under subparagraph (B), 
     unless the contractor has actual knowledge of such a 
     misrepresentation.
       ``(5) Test kits.--
       ``(A) In general.--
       ``(i) Recognition.--The Administrator shall recognize for 
     use under this title a qualifying test kit, and publish in 
     the Federal Register notice of such recognition.
       ``(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 recognize 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--

       ``(aa) recognizes for use under this title a qualifying 
     test kit; and
       ``(bb) publishes in the Federal Register notice of such 
     recognition and of the date on which enforcement of the post-
     1960 building renovation and remodeling regulations will 
     resume.
       ``(iii) Applicability of suspension.--The Administrator 
     shall not suspend enforcement of any post-1960 building 
     renovation

[[Page S6476]]

     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 subsection, 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;
       ``(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 subsection, 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 between January 1, 1960 
     and January 1, 1978; and
       ``(iii) commercial buildings constructed after January 1, 
     1960.
       ``(6) Applicability of certain penalties.--Any renovation 
     and remodeling regulation requiring the submission of 
     documentation to the Administrator shall provide--
       ``(A) an exemption from an applicable penalty for failure 
     to comply with such requirement for a person who--
       ``(i) is submitting the required documentation for the 
     first time; and
       ``(ii) submits documentation that contains only de minimus 
     or typographical errors, 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 required by subsection (a)(2)(D) 
     shall not apply to any recertification course accredited by 
     the Environmental Protection Agency that is otherwise 
     required to be completed under this title by a person that is 
     certified to engage in renovation and remodeling 
     activities.''.

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