Page:United States Statutes at Large Volume 101 Part 3.djvu/648

 101 STAT. 1946

PUBLIC LAW 100-242—FEB. 5, 1988

(6) by adding at the end the following new subsections: "(b) MEASUREMENT CRITERIA.—The procedures established by the Secretary under this section for the detection and abatement of leadbsised paint poisoning hazards in any housing, including housing i .'''; assisted under section 8 of the United States Housing Act of 1937— "(1) shall be based upon criteria that measure the condition of the housing; and •'ij "(2) shall not be based upon criteria that measure the health of the residents of the housing. "(c) INSPECTION REQUIREMENTS.—The Secretary shall require the inspection of all intact and nonintact interior and exterior painted surfaces of housing subject to this section for lead-based paint using an approved x-ray fluorescence analyzer or comparable approved ' %:>«T; S; sampling or testing technique. A qualified inspector shall certify in writing the precise results of the inspection. If the results equal or exceed a level of 1.0 milligrams per centimeter squared, the results shall be provided to any potential purchaser or tenant of the housing. The Secretary shall periodically review and reduce the level below 1.0 milligram per centimeter squared to the extent that reliable technology makes feasible the detection of a lower level and X'A:I.':^J ^ medical evidence supports the imposition of a lower level. The requirements of this subsection shall apply as provided in subsection (d). "(d) ABATEMENT REQUIRED.—

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"(1) PUBLIC HOUSING.—In the case of public housing assisted under section 9 of the United States Housing Act of 1937, the Secretary shall require the inspection described in subsection (c) for— "(A) each vacant dwelling prior to rerenting; "(B) a random sample of all occupied dwellings; and "(C) each dwelling in any housing in which there is a dwelling determined under subparagraph (A) or (B) to have lead-based paint hazards. The Secretary shall require the inspection of all housing subject to this paragraph prior to the expiration of 5 years from the date of the publication of final regulations pursuant to this subsection. The Secretary shall prioritize, within such 5-year period, inspections on the basis of vacancy, age of housing, or projected modernization or rehabilitation. The Secretary shall require abatement to eliminate the lead-based paint poisoning hazards in housing in which the test results equal or exceed the standard established by or under subsection (c). Final inspection and certification after abatement shall be made by a qualified inspector.

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(2) HUD-OWNED PROPERTIES.— "(A) ABATEMENT DEMONSTRATION PROGRAM.—In

carrying out the requirements of this subsection with respect to single-family and multifamily properties owned by the Department of Housing and Urban Development, the Secretary shall utilize a sufficient variety of abatement methods in a sufficient number of areas and circumstances to J.' • -i» demonstrate their relative cost-effectiveness and their applicability to various types of housing. "(B) REPORT.—Not later than 18 months after the '^ ! effective date of the regulations issued to carry out this subsection, the Secretary shall transmit to the Congress the findings and recommendations of the Secretary as a result

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