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(D) the need for careful, quality, abatement and management actions;
(E) the need for universal screening of children;
(F) other components of a lead poisoning prevention program;
(6) the health consequences of lead exposure resulting from lead-based paint hazards;
(H) risk assessment and inspection methods for lead-based paint hazards; and
(I) measures to reduce the risk of lead exposure from leadbased paint.
(2) The activities described in paragraph (1) shall be designed to provide educational services and information to
(A) health professionals;
(B) the general public, with emphasis on parents of young children;
(C) homeowners, landlords, and tenants;
(F) the home renovation industry. (3) In implementing the activities described in paragraph (1), the Administrator shall assure coordination with the President's Commission on Environmental Qualitys education and awareness campaign on lead poisoning.
(4) The Administrator, in consultation with the Chairman of the Consumer Product Safety Commission, 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. (e) TECHNICAL ASSISTANCE.
(1) CLEARINGHOUSE.—Not later than 6 months after the enactment of this subsection, the Administrator shall establish, in consultation with the Secretary of Housing and Urban Development and the Director of the Centers for Disease Control, a National Clearinghouse on Childhood Lead Poisoning (hereinafter in this section referred to as “Clearinghouse"). The Clearinghouse shall
(A) collect, evaluate, and disseminate current information on the assessment and reduction of lead-based paint hazards, adverse health effects, sources of exposure, detection and risk assessment methods, environmental hazards abatement, and clean-up standards;
(B) 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
(C) perform any other duty that the Administrator de termines necessary to achieve the purposes of this Act.
(2) HOTLINE.-Not later than 6 months after the enactment of this subsection, the Administrator, in cooperation with other Federal agencies and with State and local governments, shall establish a single lead-based paint hazard hotline to provide the public with answers to questions about lead poisoning
prevention and referrals to the Clearinghouse for technical information.
(f) 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 hazard 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 Environmental Protection Agency or the Secretary of Commerce or such other appropriate agency. (15 U.S.C. 2685) SEC. 406. LEAD HAZARD INFORMATION PAMPHLET.
(a) LEAD HAZARD INFORMATION PAMPHLET.-Not later than 2 years after the enactment of this section, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this title and section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. The pamphlet shall
(1) contain information regarding the health risks associated with exposure to lead;
(2) provide information on the presence of lead-based paint hazards in federally assisted, federally owned, and target housing;
(3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons
involved in home renovation, and others residing in a dwelling with lead-based paint hazards;
(4) describe the risks of renovation in a dwelling with leadbased paint hazards;
(5) provide information on approved methods for evaluating and reducing lead-based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based paint hazards;
(6) advise persons how to obtain a list of contractors certified pursuant to this title in lead-based paint hazard evaluation and reduction in the area in which the pamphlet is to be used;
(7) state that a risk assessment or inspection for leadbased paint is recommended prior to the purchase, lease, or renovation of target housing;
(8) state that certain State and local laws impose additional requirements related to lead-based paint 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
(9) provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate.
(b) RENOVATION OF TARGET HOUSING.–Within 2 years after the enactment of this section, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. (15 U.S.C. 2686) SEC. 407. REGULATIONS.
The regulations of the Administrator under this title shall 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. (15 U.S.C. 2687) SEC. 408. CONTROL OF LEAD-BASED PAINT HAZARDS AT FEDERAL FA
CILITIES. Each department, agency, and instrumentality of executive, legislative, and judicial branches of the Federal 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 be subject to, and comply with, all Federal, State, interstate, and local 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 nongovernmental entity is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local 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 United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this section include, but are not limited to, fees or charges assessed for certification and licensing, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local lead-based paint, lead-based paint activities, or lead-based paint hazard activities program. No agent, employee, or officer of the United States shall be personally liable
for any civil penalty under any Federal, State, interstate, or local 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. (15 U.S.C. 2688] SEC. 409. PROHIBITED ACTS.
It shall be unlawful for any person to fail or refuse to comply with a provision of this title or with any rule or order issued under this title. (15 U.S.C. 2689) SEC. 410. RELATIONSHIP TO OTHER FEDERAL LAW.
Nothing in this title shall affect the authority of other appropriate Federal agencies to establish or enforce any requirements which are at least as stringent as those established pursuant to this title. (15 U.S.C. 2690) SEC. 411. GENERAL PROVISIONS RELATING TO ADMINISTRATIVE
PROCEEDINGS. (a) APPLICABILITY.—This section applies to the promulgation or revision of any regulation issued under this title.
(b) RULEMAKING DOCKET.-Not later than the date of proposal of any action to which this section applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a "rule”). Whenever a rule applies only within a particular State, a second (identical) docket shall be established in the appropriate regional office of the Environmental Protection Agency.
(c) INSPECTION AND COPYING.—(1) The rulemaking docket required under subsection (b) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying
(2)(A) Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability.
(B) The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation.
(d) EXPLANATION.-(1) The promulgated rule shall be accompanied by an explanation of the reasons for any major changes in the promulgated rule from the proposed rule.
(2) The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.
(3) The promulgated rule may not be based in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation.
(e) JUDICIAL REVIEW.-The material referred to in subsection (c)(2)(B) shall not be included in the record for judicial review.
(f) EFFECTIVE DATE.—The requirements of this section shall take effect with respect to any rule the proposal of which occurs after 90 days after the date of the enactment of this section. (15 U.S.C. 2691) SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes of this title such sums as may be necessary. (15 U.S.C. 2692)