A4ARCHITECT Lead-Paint Hazard Bill 2010

A4ARCHITECT Lead-Paint Hazard Bill 2010

A4ARCHITECT Lead-Paint Hazard Bill 2010 Posted on October 4, 2010

by frank

Residential Lead-Based Paint Hazard Reduction Bill of 2010

—A4ARCHITECT Lead-Paint Hazard Bill

10th Parliament, Republic of Kenya October 2010 SEC. 1001.

SHORT TITLE.

This title may be cited as the “Residential Lead-Based Paint Hazard Reduction Act of 2010.” SEC. 1002.

FINDINGS.

Scientific Research finds that – (1) low-level lead poisoning is widespread among Kenyan children under age 6,with minority and low-income communities disproportionatelyaffected; (2) at low levels, lead poisoning in children causes intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems; (3) pre-1990 Kenyan housing stock contains high levels of lead in the form of lead-based paint.

(4) the ingestion of household dust containing lead from deteriorating or abraded lead-based paint is the most common cause of lead poisoning in children; (5) the health and development of children living in thousands of Kenyan homes is endangered by chipping or peeling lead paint, or excessive amounts of lead-contaminated dust in their homes; (6) the danger posed by lead-based paint hazards can be reduced by abating lead-based paint or by taking interim measures to prevent paint deterioration and limit children’s exposure to lead dust and chips; (8) the Kenyan Government must take a leadership role in building the infrastructure — including an informed public, County and local delivery systems, certified inspectors, contractors, and laboratories, trained workers, and available financing and insurance — necessary to ensure that the national goal of eliminating lead-based paint hazards in housing can be achieved as expeditiously as possible.

SEC.

1003.

PURPOSES.

The purposes of this Act are – (1) to develop a national strategy to build the infrastructure necessary to eliminate lead-based paint hazards in all housing as expeditiously as possible; (2) to reorient the national approach to the presence of lead- based paint in housing to implement, on a priority basis, a broad program to evaluate and reduce lead-based paint hazards in the Nation’s housing stock; (3) to encourage effective action to prevent childhood lead poisoning by establishing a workable framework for lead-based paint hazard evaluation and reduction and by ending the current confusion over reasonable standards of care; (4) to ensure that the existence of lead-based paint hazards is taken into account in the development of Government housing policies and in the sale, rental, and renovation of homes and apartments; (5) to mobilize national resources expeditiously, through a partnership among all levels of government and the private sector, to develop the most promising, cost-effective methods for evaluating and reducing lead-based paint hazards; (6) to reduce the threat of childhood lead poisoning in housing owned, assisted, or transferred by the Kenya Government; and (7) to educate the public concerning the hazards and sources of lead-based paint poisoning and steps to reduce and eliminate such hazards.

SEC. 1004. DEFINITIONS.

For the purposes of this Act, the following definitions shall apply: (1) Abatement. The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by appropriate Government agencies. Such term includes – (A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) Accessible surface. The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (3) Certified contractor. The term “certified contractor” means – (A) a contractor, inspector, or supervisor who has completed a training program certified by the Ministry of Public Works and has met any other requirements for certification or licensure established by such agency and (B) workers or designers who have fully met training requirements established by the Ministry of Public Works. (4) Contract for the purchase and sale of residential real property. The term “contract for the purchase and sale of residential real property” means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (5) Deteriorated paint. The term “deteriorated paint” means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated. (6) Evaluation. The term “evaluation” means a risk assessment, inspection, or risk assessment and inspection. (7) Government assisted housing. The term “Government assisted housing” means residential dwellings receiving project-based assistance from the Government of Kenya. (8) Government owned housing. The term “Government owned housing” means residential dwellings owned or managed by a Kenyan Governemnt agency, or for which a Government agency is a trustee or conservator. For the purpose of this paragraph, the term “Governemnt agency” includes the Ministry of Housing, the Ministry of Local Authorities, the Ministry of State of Defense, the Ministry of Transportation, and any other Governemnt agency. (9) Government supported work. The term “Government supported work” means any lead hazard evaluation or reduction activities conducted in Government owned or assisted housing or funded in whole or in part through any financial assistance program of the Ministry of Housing. (10) Friction surface. The term “friction surface” means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (11) Impact surface. The term “impact surface” means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames. (12) Inspection. The term “inspection” means a surface-by- surface investigation to determine the presence of lead-based paint as provided in the Lead-Based Paint Poisoning Prevention Act and the provision of a report explaining the results of the investigation. (13) Interim controls. The term “interim controls” means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. (14) Lead-based paint. The term “lead-based paint” means paint or other surface coatings that contain lead in excess of limits established under the Kenyan Law on the Lead-Based Paint Poisoning Prevention Act. (15) Lead-based paint hazard. The term “lead-based paint hazard” means any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Government agency. (16) Lead-contaminated dust. The term “lead-contaminated dust” means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the appropriate Government agency to pose a threat of adverse health effects in pregnant women or young children. (17) Lead-contaminated soil. The term “lead-contaminated soil” means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the appropriate Government agency. (18) Mortgage loan. The term “mortgage loan” includes any loan (other than temporary financing such as a construction loan) that – (A) is secured by a first lien on any interest in residential real property; and (B) either – (i) is insured, guaranteed, made, or assisted by the Ministry of Housing , or by any other agency of the Kenya Government; or (ii) is intended to be sold by each originating mortgage institution to any Government chartered secondary mortgage market institution. (19) Originating mortgage institution. The term “originating mortgage institution” means a lender that provides mortgage loans. (20) Priority housing. The term “priority housing” means target housing that qualifies as affordable housing under Kenyan Law including housing that receives assistance under Kenyan Law. (21) Public housing. The term “public housing” has the same meaning given the term in the relevant section of Kenyan Law. (22) Reduction. The term “reduction” means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. (23) Residential dwelling. The term “residential dwelling” means – (A) a single-family dwelling, including attached structures such as porches and stoops; or (B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (24) Residential real property. The term “residential real property” means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (25) Risk assessment. The term “risk assessment” means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in the residential dwellings, including – (A) information gathering regarding the age and history of the housing and occupancy by children under age 6; (B) visual inspection; (C) limited wipe sampling or other environmental sampling techniques; (D) other activity as may be appropriate; and (E) provision of a report explaining the results of the investigation. (26) Minister. The term “Minister” means the Minister of Housing . (27) Target housing. The term “target housing” means any housing constructed prior to 2010, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.

SUBTITLE A

— LEAD-BASED PAINT HAZARD REDUCTION SEC. 1011. GRANTS FOR LEAD-BASED PAINT HAZARD REDUCTION IN TARGET HOUSING.

(a) General Authority. The Minister is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in priority housing that is not Government assisted housing, Government owned housing, or public housing, in accordance with the provisions of this section. (b) Eligible Applicants. A County or unit of local government that has an approved comprehensive housing affordability strategy under the Laws of Kenya is eligible to apply for a grant under this section. (c) Form of Applications. To receive a grant under this section, a County or unit of local government shall submit an application in such form and in such manner as the Minister shall prescribe. An application shall contain – (1) a copy of that portion of an applicant’s comprehensive housing affordability strategy required by the relevant Kenyan Law (2) a description of the amount of assistance the applicant seeks under this section; (3) a description of the planned activities to be undertaken with grants under this section, including an estimate of the amount to be allocated to each activity; (4) a description of the forms of financial assistance to owners and occupants of priority housing that will be provided through grants under this section; and (5) such assurances as the Minister may require regarding the applicant’s capacity to carry out the activities. (d) Selection Criteria. The Minister shall award grants under this section on the basis of the merit of the activities proposed to be carried out and on the basis of selection criteria, which shall include – (1) the extent to which the proposed activities will reduce the risk of lead-based paint poisoning to children under the age of 6 who reside in priority housing; (2) the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served; (3) the ability of the applicant to leverage County, local, and private funds to supplement the grant under this section; (4) the ability of the applicant to carry out the proposed activities; and (5) such other factors as the Minister determines appropriate to ensure that grants made available under this section are used effectively and to promote the purposes of this Act. (e) Eligible Activities. A grant under this section may be used to – (1) perform risk assessments and inspections in priority housing; (2) provide for the interim control of lead-based paint hazards in priority housing; (3) provide for the abatement of lead-based paint hazards in priority housing; (4) provide for the additional cost of reducing lead-based paint hazards in units undergoing renovation funded by other sources; (5) ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with the relevant sections of Knenyan Law; (6) monitor the blood-lead levels of workers involved in lead hazard reduction activities funded under this section; (7) assist in the temporary relocation of families forced to vacate priority housing while lead hazard reduction measures are being conducted; (8) educate the public on the nature and causes of lead poisoning and measures to reduce the exposure to lead, including exposure due to residential lead-based paint hazards; (9) test soil, interior surface dust, and the blood-lead levels of children under the age of 6 residing in priority housing after lead-based paint hazard reduction activity has been conducted, to assure that such activity does not cause excessive exposures to lead; and (10) carry out such activities that the Minister determines appropriate to promote the purposes of this Act. (f) Forms of Assistance. The applicant may provide the services described in this section through a variety of programs, including grants, loans, equity investments, revolving loan funds, loan funds, loan guarantees, interest write-downs, and other forms of assistance approved by the Minister. (g) Technical Assistance and Capacity Building. – (1) In general. The Minister shall develop the capacity of eligible applicants to carry out the requirements of the relevant sections of Kenyan Law and to carry out activities under this section. (2) Set-aside. Of the total amount approved in appropriation Acts under subsection (o), there shall be set aside to carry out this subsection an ammount deemed as sufficient by the Minister. (h) Matching Requirement. Each recipient of a grant under this section shall make contributions toward the cost of activities that receive assistance under this section in an amount not less than 10 percent of the total grant amount under this section. (i) Prohibition of Substitution of Funds. Grants under this subtitle may not be used to replace other amounts made available or designated by County or local governments for use for the purposes under this subtitle. (j) Limitation on Use. An applicant shall ensure that not more than 10 percent of the grant will be used for administrative expenses associated with the activities funded. (k) Financial Records. An applicant shall maintain and provide the Minister with financial records sufficient, in the determination of the Minister, to ensure proper accounting and disbursing of amounts received from a grant under this section. (l) Report. An applicant under this section shall submit to the Minister, for any fiscal year in which the applicant expends grant funds under this section, a report that – (1) describes the use of the amounts received; (2) States the number of risk assessments and the number of inspections conducted in residential dwellings; (3) States the number of residential dwellings in which lead- based paint hazards have been reduced through interim controls; (4) States the number of residential dwellings in which lead- based paint hazards have been abated; and (5) provides any other information that the Minister determines to be appropriate. (m) Notice of Funding Availability. The Minister shall publish a Notice of Funding Availability pursuant to this section not later than 120 days after funds are appropriated for this section. (n) Relationship to Other Law. Effective 2 years after the date of promulgation of regulations under the relevsnt Laws of Kenya, no grants for lead-based paint hazard evaluation or reduction may be awarded to a County under this section unless such County has an authorized program under the relevant Laws of Kenya. (o) Authorization of Appropriations. For the purposes of carrying out this Act, there are authorized to be appropriated an ammount deemed as sufficient by the Minister .

SEC. 1012.

EVALUATION AND REDUCTION OF LEAD-BASED PAINT HAZARDS IN GOVERNMENT ASSISTED HOUSING. (a) General Requirements. The relevant Laws of Kenya regarding the Lead-Based Paint-Poisoning Prevention Act is amended – (1) by inserting: “REQUIREMENTS FOR HOUSING RECEIVING GOVERNMENT ASSISTANCE”; (2) by inserting: “Beginning on January 1, 2011, such procedures shall apply to all such housing that constitutes target housing, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010, and shall provide for appropriate measures to conduct risk assessments, inspections, interim controls, and abatement of lead- based paint hazards. At a minimum, such procedures shall require – “(A) the provision of lead hazard information pamphlets, developed pursuant to the relevant Laws of Kenya, to purchasers and tenants; “(B) periodic risk assessments and interim controls in accordance with a schedule determined by the Minister, the initial risk assessment of each unit constructed prior to 2010 to be conducted not later than January 1, 2011, and for units constructed between 1960 and 2010 – “(i) not less than 25 percent shall be performed by January 1, 2011; “(ii) not less than 50 percent shall be performed by January 1, 2012; and “(iii) the remainder shall be performed by January 1, 2015; “(C) inspection for the presence of lead-based paint prior to Government-funded renovation or rehabilitation that is likely to disturb painted surfaces; “(D) reduction of lead-based paint hazards in the course of rehabilitation projects receiving less than KES 2,500,000 per unit in Government funds; “(E) abatement of lead-based paint hazards in the course of substantial rehabilitation projects receiving more than KES 2,500,000 per unit in Government funds; “(F) where risk assessment, inspection, or reduction 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 (including available information on the location of any remaining lead-based paint on a surface-by-surface basis); and “(G) such other measures as the Minister deems appropriate (b) Measurement Criteria. The Lead-Based Paint Poisoning Prevention Act is amended by striking “for the detection” and all that follows through the end of paragraph (2) and inserting “for the risk assessment, interim control, inspection, and abatement of lead-based paint hazards in housing covered by this section shall be based upon guidelines developed pursuant to section 1017 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.”. (c) HOME Investment Partnerships. The relevant section of the Kenyan Law on Housing Act is amended by adding at the end the following new paragraph: “(3) Lead-based paint hazards. A participating jurisdiction may use funds provided under this subtitle for the evaluation and reduction of lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.”. (f) Community Development Block Grants. The relevant section of Kenyan Law is amended – (1) by adding at the end the following new paragraph: “(a) lead-based paint hazard evaluation and reduction, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.”. (g) Section 8 Rental Assistance. The relevant section of the Kenyan Law is amended by adding at the end the following: “The Minister may (at the discretion of the Minister and subject to the availability of appropriations for contract amendments), on a project by project basis for projects receiving project-based assistance, provide adjustments to the maximum monthly rents to cover the costs of evaluating and reducing lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.”. [h] The relevant section of Kenyan Law is amended to read: “Alterations, repairs, and improvements upon or in connection with existing structures may also include the evaluation and reduction of lead-based paint hazards.”; and (1) by adding at the end the following: “(a) the terms’evaluation’, ‘reduction’, and ‘lead-based paint hazard’ have the same meanings given those terms in section 1004 of the Residential Led-Based Paint Hazard Reduction Act of 2010.”. (2) Rehabilitation loans. The relevant section of Kenyan Law is amended by adding at the end the following: “The term ‘rehabilitation’ may also include measures to evaluate and reduce lead-based paint hazards, as such terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.”. (l) Insurance for Multifamily Housing. The relevant section on Kenyan Law is amended by inserting the following: “(including the cost of evaluating and reducing lead-based paint hazards, as such terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010)”. SEC. 1013. DISPOSITION OF GOVERNMENT OWNED HOUSING. The Lead-Based Paint Poisoning Prevention Actis amended by adding at the end the following: “(3) Disposition of Government owned housing. – “(A) Pre-2010 target housing. Beginning on January 1, 2011, procedures established under paragraphs (1) and (2) shall require the inspection and abatement of lead-based paint hazards in all Govwernment owned target housing constructed prior to 2010. “(B) Target housing constructed between 1960 and 2010. Beginning on January 1, 2011, procedures established under paragraphs (1) and (2) shall require an inspection for lead-based paint and lead-based paint hazards in all Government owned target housing constructed between 1960 and 2010. The results of such inspections shall be made available to prospective purchasers, identifying the presence of lead-based paint and lead-based paint hazards on a surface-by-surface basis. The Minister shall have the discretion to waive the requirement of this subparagraph for housing in which a Government funded risk assessment, performed by a certified contractor, has determined no lead-based paint hazards are present. “(C) Budget authority. To the extent that subparagraphs (A) and (B) increase the cost to the Government of outstanding direct loan obligations or loan guarantee commitments, such activities shall be treated as modifications under the relevant section of Kenyan Law and shall be subject to the availability of appropriations. To the extent that paragraphs (A) and (B) impose additional costs to the Resolution Trust Corporation and the Government Deposit Insurance Corporation, its requirements shall be carried out only if appropriations are provided in advance in an appropriations Act. In the absence of appropriations sufficient to cover the costs of subparagraphs (A) and (B), these requirements shall not apply to the affected agency or agencies. “(D) Definitions. For the purposes of this subsection, the terms ‘inspection’, ‘abatement’, ‘lead-based paint hazard’, ‘Government owned housing’, ‘target housing’, ‘risk assessment’, and ‘certified contractor’ have the same meaning given such terms in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010. “(4) Definitions. For purposes of this subsection, the terms ‘risk assessment’, ‘inspection’, ‘interim control’, ‘abatement’, ‘reduction’, and ‘lead-based paint hazard’ have the same meaning given such terms in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010.

SEC. 1014.

COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY.

The relevant Section of Kenyan Lawis amended – By inserting the following new paragraph: “(1) estimate the number of housing units within the jurisdiction that are occupied by low-income families or very low-income families and that contain lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010, outline the actions proposed or being taken to evaluate and reduce lead-based paint hazards, and describe how lead- based paint hazard reduction will be integrated into housing policies and programs.”; (B) by adding at the end the following new paragraph: “(2) Lead-based paint hazards. When preparing that portion of a housing strategy required by law a jurisdiction shall consult with County or local health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health Ministry data on the addresses of housing units in which children have been identified as lead poisoned.”

SEC. 1015. TASK FORCE ON LEAD-BASED PAINT HAZARD REDUCTION AND FINANCING.

(a) In General. The Minister, in consultation with the Environmental Protection Agency N.E.M.A shall establish a task force to make recommendations on expanding resources and efforts to evaluate and reduce lead-based paint hazards in private housing. (b) Membership. The task force shall include individuals representing the Ministry of Housing ,National Housing Corporation, the Environmental Protection Agency N.E.M.A, employee organizations in the building and construction trades industry, landlords, tenants, primary lending institutions, private mortgage insurers, single-family and multifamily real estate interests, nonprofit housing developers, property liability insurers, public housing agencies, low-income housing advocacy organizations, national, County and local lead-poisoning prevention advocates and experts, and community-based organizations located in areas with substantial rental housing. (c) Responsibilities. The task force shall make recommendations to the Minister and the Drector-General of the Environmental Protection Agency N.E.M.A.concerning – (1) incorporating the need to finance lead-based paint hazard reduction into underwriting standards; (2) developing new loan products and procedures for financing lead-based paint hazard evaluation and reduction activities; (3) adjusting appraisal guidelines to address lead safety; (4) incorporating risk assessments or inspections for lead-based paint as a routine procedure in the origination of new residential mortgages; (5) revising guidelines, regulations, and educational pamphlets issued by the Ministry of Housing and other Government agencies relating to lead-based paint poisoning prevention; (6) reducing the current uncertainties of liability related to lead-based paint in rental housing by clarifying standards of care for landlords and lenders, and by exploring the “safe harbor” concept; (7) increasing the availability of liability insurance for owners of rental housing and certified contractors and establishing alternative systems to compensate victims of lead-based paint poisoning; and (8) evaluating the utility and appropriateness of requiring risk assessments or inspections and notification to prospective lessees of rental housing. (d) Compensation. The members of the task force shall not receive Government compensation for their participation.

SEC. 1016.

NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD REDUCTION

. In carrying out this Act, the Minister shall consult on an ongoing basis with the Director-General of the Environmental Protection Agency, the Director of the Centers for Disease Control, other Government agencies concerned with lead poisoning prevention, and the task force established pursuant to section 1015.

SEC. 1017.

GUIDELINES FOR LEAD-BASED PAINT HAZARD EVALUATION AND REDUCTION ACTIVITIES. Not later than 12 months after the date of enactment of this Act, the Minister, in consultation with the Director-General of the Environmental Protection Agency, the Minister of Labor, and the Minister of Health (acting through the Director of the Centers for Disease Control), shall issue guidelines for the conduct of all Government supported work involving risk assessments, inspections, interim controls, and abatement of lead-based paint hazards. Such guidelines shall be based upon criteria that measure the condition of the housing (and the presence of children under age 6 for the purposes of risk assessments) and shall not be based upon criteria that measure the health of the residents of the housing.

SEC. 1018.

DISCLOSURE OF INFORMATION CONCERNING LEAD UPON TRANSFER OF RESIDENTIAL PROPERTY.

(a) Lead Disclosure in Purchase and Sale or Lease of Target Housing. – (1) Lead-based paint hazards. Not later than 2 years after the date of enactment of this Act, the Minister and the Director-General of the Environmental Protection Agency N.E.M.A shall promulgate regulations under this section for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall – (A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Director-General of the Environmental Protection Agency N.E.M.A under the Toxic Substances Control Act; (B) disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, in such housing and provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor; and (C) permit the purchaser a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint hazards. (2) Contract for purchase and sale. Regulations promulgated under this section shall provide that every contract or the purchase and sale of any interest in target housing shall contain a Lead Warning Countyment and a Countyment signed by the purchaser that the purchaser has – (A) read the Lead Warning Countyment and understands its contents; (B) received a lead hazard information pamphlet; and (C) had a 10-day opportunity (unless the parties mutually agreed upon a different period of time) before becoming obligated under the contract to purchase the housing to conduct a risk assessment or inspection for the presence of lead-based paint hazards. (3) Contents of lead warning Countyment. The Lead Warning Countyment shall contain the following text printed in large type on a separate sheet of paper attached to the contract: “Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 2010 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.”. (4) Compliance Assurance. Whenever a seller or lessor has entered into a contract with an agent for the purpose of selling or leasing a unit of target housing, the regulations promulgated under this section shall require the agent, on behalf of the seller or lessor, to ensure compliance with the requirements of this section. (5) Promulgation. A suit may be brought against the Minister of Housing and the Director-General of the Environmental Protection Agency N.E.M.A under the Toxic Substances Control Act to compel promulgation of the regulations required under this section and the Government High court shall have jurisdiction to order such promulgation. (b) Penalties for Violations. – (1) Monetary penalty. Any person who knowingly violates any provision of this section shall be subject to civil money penalties in accordance with the provisions of the Ministry of Housing Act . (2) Action by Minister. The Minister is authorized to take such lawful action as may be necessary to enjoin any violation of this section. (3) Civil liability. 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. (4) Costs. In any civil action brought for damages pursuant to paragraph (3), the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees and any expert witness fees, if that party prevails. (5) Prohibited act. It shall be a prohibited act under the Toxic Substances Control Act for any person to fail or refuse to comply with a provision of this section or with any rule or order issued under this section. For purposes of enforcing this section under the Toxic Substances Control Act, the penalty for each violation applicable under that Act shall not be more than KES 100,000. (c) Validity of Contracts and Liens. Nothing in this section shall affect the validity or enforceability of any sale or contract for the purchase and sale or lease of any interest in residential real property or any loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan, nor shall anything in this section create a defect in title. (d) Effective Date. The regulations under this section shall take effect 3 years after the date of the enactment of this title.

SUBTITLE B — LEAD EXPOSURE REDUCTION SEC. 1021. CONTRACTOR TRAINING AND CERTIFICATION. (a) Amendment to the Toxic Substances Control Act. The Toxic Substances Control Act is amended by adding the following new title:

“TITLE IV — LEAD EXPOSURE REDUCTION ” DEFINITIONS. “For the purposes of this title: “(1) Abatement. The term ‘abatement’ means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Director-General under this title. Such term includes – “(A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and “(B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. “(2) Accessible surface. The term ‘accessible surface’ means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. “(3) Deteriorated paint. The term ‘deteriorated paint’ means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated. “(4) Evaluation. The term ‘evaluation’ means risk assessment, inspection, or risk assessment and inspection. “(5) Friction surface. The term ‘friction surface’ means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. “(6) Impact surface. The term ‘impact surface’ means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames. “(7) Inspection. The term ‘inspection’ means “(A) a surface-by-surface investigation to determine the presence of lead-based paint, as provided in the Lead-Based Paint Poisoning Prevention Act, and “(B) the provision of a report explaining the results of the investigation. “(8) Interim controls. The term ‘interim controls’ means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment an operation of management and resident education programs. “(9) Lead-based paint. The term ‘lead-based paint’ means paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or “(A) in the case of paint or other surface coatings on target housing, such lower level as may be established by the Minister of Housing, as defined in the Lead-Based Paint Poisoning Prevention Act, or “(B) in the case of any other paint or surface coatings, such other level as may be established by the Director-General. “(10) Lead-based paint hazard. The term ‘lead-based paint hazard’ means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Director-General under this title. “(11) Lead-contaminated dust. The term ‘lead-contaminated dust’ means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the Director-General under this title to pose a threat of adverse health effects in pregnant women or young children. “(12) Lead-contaminated soil. The term ‘lead-contaminated soil’ means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the Director-General under this title. “(13) Reduction. The term ‘reduction’ means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. “(14) Residential dwelling. The term ‘residential dwelling’ means– “(A) a single-family dwelling, including attached structures such as porches and stoops; or “(B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. “(15) Residential real property. The term ‘residential real property’ means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. “(16) Risk assessment. The term ‘risk assessment’ means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including – “(A) information gathering regarding the age and history of the housing and occupancy by children under age 6; “(B) visual inspection; “(C) limited wipe sampling or other environmental sampling techniques; “(D) other activity as may be appropriate; and “(E) provision of a report explaining the results of the investigation. “(17) Target housing. The term ‘target housing’ means any housing constructed prior to 2010, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.

“SEC. 402. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.

“(a) Regulations. – “(1) In general. Not later than 18 months after the date of the enactment of this section, the Director-General shall, in consultation with the Minister of Labor, the Minister of Housing, and the Minister of Health and Health Services (acting through the Director of Public Health), promulgate final regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified contractors, as such term is defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 2010. The provisions of this section shall supersede the provisions set forth under the heading ‘Lead Abatement Training and Certification’ and under the heading ‘Training Grants’ in title III of the Act entitled ‘An Act making appropriations for the Ministrys of Home Affairs and Housing, and for sundry independent agencies, commissions,corporations, and offices for the fiscal year ending September 30, 2011, and for other purposes’, Public Law, and upon the enactment of this section the provisions set forth in such public law under such headings shall cease to have any force and effect. “(2) Accreditation of training programs. Final regulations promulgated under (1) shall contain specific requirements for the accreditation of lead-based paint activities training programs for workers, supervisors, inspectors and planners, and other individuals involved in lead-based paint activities, including, but not limited to, each of the following: “(A) Minimum requirements for the accreditation of training providers. “(B) Minimum training curriculum requirements. “(C) Minimum training hour requirements. “(D) Minimum hands-on training requirements. “(E) Minimum trainee competency and proficiency requirements. “(F) Minimum requirements for training program quality control. “(3) Accreditation and certification fees. The Director-General (or the County in the case of an authorized County program) shall impose a fee on – “(A) persons operating training programs accredited under this title; and “(B) lead-based paint activities contractors certified in accordance with paragraph (1). The fees shall be established at such level as is necessary to cover the costs of administering and enforcing the standards and regulations under this section which are applicable to such programs and contractors. The fee shall not be imposed on any County, local government, or nonprofit training program. The Director-General (or the County in the case of an authorized County program) may waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of training their own employees. “(b) Lead-Based Paint Activities. For purposes of this title, the term ‘lead-based paint activities’ means – “(1) in the case of target housing, risk assessment, inspection, and abatement; and “(2) in the case of any public building constructed before 2010, commercial building, bridge, or other structure or super-structure, identification of lead-based paint and materials containing lead-based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph (2), the term ‘deleading’ means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such activities. “(c) Renovation and Remodeling. – “(1) Guidelines. In order to reduce the risk of exposure to lead in connection with renovation and remodeling of target housing, public buildings constructed before 2010, and commercial buildings, the Director-General shall, within 18 months after the enactment of this section, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Director-General shall disseminate such guidelines to persons engaged in such renovation and remodeling through hardware and paint stores, employee organizations, trade groups, County and local agencies, and through other appropriate means. “(2) Study of certification. The Director-General shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 2010, and commercial buildings are exposed to lead in the conduct of such activities or disturb lead and create a lead-based paint hazard on a regular or occasional basis. The Director-General shall complete such study and publish the results thereof within 30 months after the enactment of this section. “(3) Certification determination. Within 4 years after the enactment of this section, the Director-General shall revise the regulations under subsection (a) to apply the regulations to renovation or remodeling activities in target housing, public buildings constructed before 2010, and commercial buildings that create lead-based paint hazards. In determining which contractors are engaged in such activities, the Director-General shall utilize the results of the study under paragraph (2) and consult with the representatives of labor organizations, lead-based paint activities contractors, persons engaged in remodeling and renovation, experts in lead health effects, and others. If the Director-General determines that an category of contractors engaged in renovation or remodeling does not require certification, the Director-General shall publish an explanation of the basis for that determination.

“SEC. 403. IDENTIFICATION OF DANGEROUS LEVELS OF LEAD. “Within 18 months after the enactment of this title, the Director-General shall promulgate regulations which shall identify, for purposes of this title, and the Residential Lead-Based Paint Hazard Reduction Act of 2010, lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil.

“SEC. 404. AUTHORIZED COUNTY PROGRAMS. “(a) Approval. Any County which seeks to administer and enforce the standards, regulations, or other requirements established under the relevant Laws, may, after notice and opportunity for public hearing, develop and submit to the Director-General an application, in such form as the Director-General shall require, for authorization of such a County program. Any such County may also certify to the Director-General at the time of submitting such program that the County program meets the requirements of paragraphs (1) and (2) of subsection (b). Upon submission of such certification, the County program shall be deemed to be authorized under this section, and shall apply in such County in lieu of the corresponding Government program under section 402 or 406, or both, as the case may be, until such time as the Director-General disapproves the program or withdraws the authorization. “(b) Approval or Disapproval. Within 180 days following submission of an application under subsection (a), the Director-General shall approve or disapprove the application. The Director-General may approve the application only if, after notice and after opportunity for public hearing, the Director-General finds that – “(1) the County program is at least as protective of human health and the environment as the Government program under the relevant Laws as the case may be, and “(2) such County program provides adequate enforcement. Upon authorization of a County program under this section, it shall be unlawful for any person to violate or fail or refuse to comply with any requirement of such program. “(c) Withdrawal of Authorization. If a County is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this title, the Director-General shall so notify the County and, if corrective action is not completed within a reasonable time, not to exceed 180 days, the Director-General shall withdraw authorization of such program and establish a Government program pursuant to this title. “(d) Model County Program. Within 18 months after the enactment of this title, the Director-General shall promulgate a model County program which may be adopted by any County which seeks to administer and enforce a County program under this title. Such model program shall, to the extent practicable, encourage Countys to utilize existing County and local certification and accreditation programs and procedures. Such program shall encourage reciprocity among the Countys with respect to the certification under section 402. “(e) Other County Requirements. Nothing in this title shall be construed to prohibit any County or political subdivision thereof from imposing any requirements which are more stringent than those imposed by this title. “(f) County and Local Certification. The regulations under this title shall, to the extent appropriate, encourage Countys to seek program authorization and to use existing County and local certification and accreditation procedures, except that a County or local government shall not require more than 1 certification under this section for any lead-based paint activities contractor to carry out lead-based paint activities in the County or political subdivision thereof. “(g) Grants to Countys. The Director-General is authorized to make grants to Countys to develop and carry out authorized County programs under this section. The grants shall be subject to such terms and conditions as the Director-General may establish to further the purposes of this title. “(h) Enforcement by Director-General. If a County does not have a County program authorized under this section and in effect by the date which is 2 years after promulgation of the regulations under section 402 or 406, the Director-General shall, by such date, establish a Government program for such County and administer and enforce such program in such County.

“SEC. 405. LEAD ABATEMENT AND MEASUREMENT

. “(a) Program To Promote Lead Exposure Abatement. The Director-General, in cooperation with other appropriate Government Ministrys and agencies, shall conduct a comprehensive program to promote safe, effective, and affordable monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. “(b) Standards for Environmental Sampling Laboratories. (1) The Director-General shall establish protocols, criteria, and minimum performance standards for laboratory analysis of lead in paint films, soil, and dust. Within 2 years after the enactment of this title, the Director-General, in consultation with the Minister of Health and Health Services, shall establish a program to certify laboratories as qualified to test substances for lead content unless the Director-General determines, by the date specified in this paragraph, that effective voluntary accreditation programs are in place and operating on a nationwide basis at the time of such determination. To be certified under such program, a laboratory shall, at a minimum, demonstrate an ability to test substances accurately for lead content. “(2) Not later than 24 months after the date of the enactment of this section, and annually thereafter, the Director-General shall publish and make available to the public a list of certified or accredited environmental sampling laboratories. “(3) If the Director-General determines under paragraph (1) that effective voluntary accreditation programs are in place for environmental sampling laboratories, the Director-General shall review the performance and effectiveness of such programs within 3 years after such determination. If, upon such review, the Director-General determines that the voluntary accreditation programs are not effective in assuring the quality and consistency of laboratory analyses, the Director-General shall, not more than 12 months thereafter, establish a certification program that meets the requirements of paragraph (1). “(c) Exposure Studies. (1) The Ministers of Health and Health Services (hereafter in this subsection referred to as the ‘Ministers’), acting through the Director of Public Health, and the Director of Environmental Health, shall jointly conduct a study of the sources of lead exposure in children who have elevated blood lead levels (or other indicators of elevated lead body burden), as defined by the Director of the Centers for Disease Control. “(2) The Minister, in consultation with the Director of the National Institute for Occupational Safety and Health, shall conduct a comprehensive study of means to reduce hazardous occupational lead abatement exposures. This study shall include, at a minimum, each of the following – “(A) Surveillance and intervention capability in the Countys to identify and prevent hazardous exposures to lead abatement workers. “(B) Demonstration of lead abatement control methods and devices and work practices to identify and prevent hazardous lead exposures in the workplace. “(C) Evaluation, in consultation with the National Institute of Environmental Health, of health effects of low and high levels of occupational lead exposures on reproductive, neurological, renal, and cardiovascular health. “(D) Identification of high risk occupational settings to which prevention activities and resources should be targeted. “(E) A study assessing the potential exposures and risks from lead to janitorial and custodial workers. “(3) The studies described in paragraphs (1) and (2) shall, as appropriate, examine the relative contributions to elevated lead body burden from each of the following: “(A) Drinking water. “(B) Food. “(C) Lead-based paint and dust from lead-based paint. “(D) Exterior sources such as ambient air and lead in soil. “(E) Occupational exposures, and other exposures that the Minister determines to be appropriate. “(4) Not later than 30 months after the date of the enactment of this section, the Minister shall submit a report to the Parliament concerning the studies described in paragraphs (1) and (2). “(d) Public Education. (1) The Director-General, in conjunction with the Minister of Health and Health Services, acting through the Director of the Pharmarcy and Poisons Board, and in conjunction with the Minister of Housing, shall sponsor public education and outreach activities to increase public awareness of – “(A) the scope and severity of lead poisoning from household sources; “(B) potential exposure to sources of lead in schools and childhood day care centers; “(C) the implications of exposures for men and women, particularly those of childbearing age; “(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; “(G) 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 lead-based 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; “(D) consumers of home improvement products; “(E) the residential real estate industry; and “(F) the home renovation industry. “(3) In implementing the activities described in paragraph (1), the Director-General shall assure coordination with the President’s Commission on Environmental Quality’s education and awareness campaign on lead poisoning. “(4) The Director-General 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 Director-General shall establish, in consultation with the Minister of Housing 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 Director-General determines necessary to achieve the purposes of this Act. “(2) Hotline. Not later than 6 months after the enactment of this subsection, the Director-General, in cooperation with other Government agencies and with County 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 N.E.M.A or the Minister of Trade or such other appropriate agency.

“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 Director-General of the Environmental Protection Agency, in consultation with the Minister of Housing and with the Minister of Health and Health 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 2010. 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 Government assisted, Government 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 lead-based 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 lead-based paint is recommended prior to the purchase, lease, or renovation of target housing; “(8) State that certain County and local laws impose additional requirements related to lead-based paint in housing and provide a listing of Government, County, and local agencies in each County, 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 Director-General deems appropriate. “(b) Renovation of Target Housing. Within 2 years after the enactment of this section, the Director-General 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.

“SEC. 407. REGULATIONS.

“The regulations of the Director-General 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.

“SEC. 408. CONTROL OF LEAD-BASED PAINT HAZARDS AT GOVERNMENT FACILITIES. “Each Ministry, agency, and instrumentality of executive, legislative, and judicial branches of the 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 Government, County, interCounty, 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 Government, County, interCounty, 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 Kenya Government hereby expressly waives any immunity otherwise applicable to the Kenya Governement 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 Government, County, interCounty, or local lead-based paint, lead-based paint activities, or lead-based paint hazard activities program. No agent, employee, or officer of the Kenya Government shall be personally liable for any civil penalty under any Government, County, interCounty, 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.

“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.

“SEC. 410. RELATIONSHIP TO OTHER GOVERNMENT LAW. “Nothing in this title shall affect the authority of other appropriate Government agencies to establish or enforce any requirem