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108th CONGRESS
1st Session
H. R. 1268
To amend the Toxic Substances Control Act, the Internal Revenue Code of
1986, and the Public Buildings Act of 1959 to protect human health from
toxic mold, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2003
Mr. Conyers introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Financial Services, Ways and Means, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
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A BILL
To amend the Toxic Substances Control Act, the Internal Revenue Code of
1986, and the Public Buildings Act of 1959 to protect human health from
toxic mold, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States
Toxic Mold Safety and Protection Act of 2003'' or the ``Melina Bill''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--RESEARCH AND PUBLIC EDUCATION
Sec. 101. Definitions.
Sec. 102. Health effects study and report.
Sec. 103. Standards for preventing, detecting and remediating indoor
mold growth.
Sec. 104. Public education program.
TITLE II--HOUSING AND REAL PROPERTY PROVISIONS
Sec. 201. Inspection of residential property.
Sec. 202. Sale or lease of residential property.
Sec. 203. Inspection requirements for existing public housing.
Sec. 204. Construction requirements for new public housing.
Sec. 205. Building codes.
Sec. 206. Inspection requirement in connection with federally made or
insured mortgages.
TITLE III--INDUSTRY STANDARDS DEVELOPMENT
Sec. 301. Industry Standards Development.
TITLE IV--INDOOR MOLD HAZARD ASSISTANCE
Sec. 401. Grants for remediation of public buildings.
TITLE V--TAX PROVISIONS
Sec. 501. Tax credit for toxic mold inspection and remediation.
TITLE VI--NATIONAL TOXIC MOLD HAZARD INSURANCE PROGRAM
Subtitle A--Insurance Program
Sec. 601. Program authority.
Sec. 602. Scope of program and priorities.
Sec. 603. Nature and limitation of insurance coverage.
Sec. 604. Estimates of premium rates.
Sec. 605. Establishment of chargeable premium rates.
Sec. 606. National toxic mold hazard insurance fund.
Sec. 607. Operating costs and allowances.
Sec. 608. Payment of claims.
Sec. 609. Dissemination of insurance information.
Sec. 610. Coordination with other programs.
Sec. 611. Reports.
Subtitle B--Organization and Administration of Insurance Program
Sec. 621. Implementation.
Part 1--Industry Program With Federal Financial Assistance
Sec. 631. Industry insurance pool.
Sec. 632. Agreements with insurance pool.
Sec. 633. Adjustment and payment of claims and judicial review.
Sec. 634. Premium equalization payments.
Sec. 635. Emergency implementation of program.
Part 2--Government Program With Industry Assistance
Sec. 641. Federal operation of program.
Sec. 642. Adjustment and payment of claims and judicial review.
Part 3--Provisions of General Applicability
Sec. 651. Services by insurance industry.
Sec. 652. Use of insurance pool, companies, or other private
organizations for certain payments.
Sec. 653. Settlement and arbitration.
Sec. 654. Records and audits.
Subtitle C--Miscellaneous Provisions
Sec. 661. Definitions.
Sec. 662. Payments.
Sec. 663. Government corporation control act.
Sec. 664. Finality of certain transactions.
Sec. 665. Authorization of appropriations.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Medicaid waiver.
TITLE I--RESEARCH AND PUBLIC EDUCATION
SEC. 101. DEFINITIONS.
For purposes of this Act--
(1) the term ``mold'' means any furry growth of minute
fungi occurring in moist conditions;
(2) the term ``toxic mold'' means any indoor mold growth
capable of creating toxins that can cause pulmonary,
respiratory, neurological or other major illnesses after
minimal exposure, as such exposure is defined by the
Environmental Protection Agency, Center for Disease Control,
National Institute of Health or other Federal, State or local
agency organized in part to study and/or protect human health;
(3) the term ``toxic mold risk assessor'' means a person
who establishes the level of risk to public health associated
with toxic mold; and
(4) the term ``mold inspection'' means an inspection of
real property that is designed to discover indoor mold growth,
toxic mold growth, conditions that facilitate indoor mold
growth and/or indicia of conditions that are likely to
facilitate indoor mold growth.
SEC. 102. RESEARCH AND REPORTING.
(a) The Centers for Disease Control and Prevention, the
Environmental Protection Agency, and the National Institutes of Health
shall jointly undertake a comprehensive study of the health effects of
indoor mold growth and toxic mold. The results of the aforementioned
study shall be submitted to the Congress, the President and the general
public. The study should ascertain among other things--
(1) detailed information about harmful and/or toxic strains
of mold;
(2) methods of detecting harmful and/or toxic mold;
(3) potential dangers of prolonged exposure to indoor mold
growth;
(4) minimum levels of exposure at which indoor mold growth
is harmful to human health; and
(5) the hazards involved in mold remediation.
(b) The Department of Housing and Urban Development shall study and
report the impact of construction standards on indoor mold growth.
(c) All research and study conducted pursuant to this Act shall be
ongoing with updated reports published as needed to adequately inform
the public and protect human health.
SEC. 103. STANDARDS FOR PREVENTING, DETECTING, AND REMEDIATING INDOOR
MOLD GROWTH.
(a) After appropriate research and study as required by this Act,
but not later than one year after the effective date of this Act, the
Environmental Protection Agency, in conjunction with appropriate
Federal agencies, shall promulgate national standards that include,
among other things--
(1) standards for mold inspection, mold remediation,
testing the toxicity of mold, and protection of mold
remediators;
(2) standards for certification of mold inspectors, mold
remediators, mold testing labs, mold risk assessors and
industrial hygienist involved with mold remediation planning;
and
(3) standards for the design, installation, and maintenance
of air ventilation and/or air-conditioning systems to prevent
mold growth or creation of conditions that foster mold growth.
(b) After appropriate research and study as required by this Act,
but not later than one year after the effective date of this Act, the
Department of Housing and Urban Development shall promulgate guidelines
identifying conditions created prior to and during construction that
facilitate the growth of indoor mold and recommending appropriate means
of eliminating those conditions.
(c) To the maximum extent possible, the standards, guidelines and
recommendations established under this section shall be developed with
the assistance of organizations involved in establishing national
building construction standards representatives of State or local
authorities responsible for building inspections and issuance of
certificates of occupancy.
(d) The Environmental Protection Agency and the Department of
Housing and Urban Development shall make drafts of their respective
documents available for public review and comment 30 days prior to
publication. The Environmental Protection Agency and the Department of
Housing and Urban Development shall make final model standards and
techniques available to the public no later than one year after the
effective date of this Act.
(e) The Environmental Protection Agency shall take such actions as
may be necessary to inform appropriate State and local government
agencies and authorities of the model standards and techniques with the
goal of ensuring that such agencies and authorities adopt such
standards and techniques by June 1, 2004.
(f) All standards and guidelines promulgated pursuant to this Act
shall be updated and published as needed to adequately inform the
public and protect human health.
SEC. 104. PUBLIC EDUCATION.
(a) The Environmental Protection Agency, the Centers for Disease
Control and Prevention, the National Institutes of Health, and the
Department of Housing and Urban Development, and other relevant
agencies shall sponsor public education programs to promote and
increase public awareness of the dangers of indoor mold growth or toxic
mold.
(b) The public education programs should include, among other
things, information regarding the conditions that facilitate indoor
mold growth; guidelines for remediating indoor mold growth; dangers of
exposure to indoor mold growth in public buildings; risk assessment and
inspection methods for toxic mold; and other necessary information as
determined by--
(1) the public education programs shall provide education
and information through modes of communication that are
commonly utilized and able to be easily consumed by relevant
individuals or organizations;
(2) public education programs should be designed to reach
health professionals; the general public; homeowners,
prospective homeowners, landlords, and tenants; consumers of
home improvement products; the real estate industry; the home
construction and renovation industry, including the heating and
air conditioning industry; and other individuals and
organizations with an interest in the use and/or occupancy of
real property.
(c) Notwithstanding the foregoing, the Environmental Protection
Agency, in consultation with appropriate agencies, shall publish, and
periodically revise, a pamphlet regarding indoor mold hazards. Among
other things this pamphlet should--
(1) contain information regarding the health risks
associated with exposure to indoor mold growth;
(2) provide information on the hazards of indoor mold
growth in federally assisted and federally owned housing;
(3) describe the risks of mold exposure for persons
residing in a dwelling with toxic mold;
(4) provide information on approved methods for evaluating
and reducing mold growth and their effectiveness in
identifying, reducing, eliminating, or preventing mold growth;
(5) advise persons how to obtain a list of persons
certified to inspect or remediate mold growth in the area in
which the pamphlet is to be used;
(6) state that a risk assessment or inspection for mold
growth is recommended prior to the purchase, lease, or
renovation of target housing;
(7) state that certain State and local laws impose
additional requirements related to mold growth 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
(8) provide information deemed appropriate and/or necessary
to promote awareness of the hazards posed by indoor mold.
(d) There is authorized to be appropriated such sums as may be
necessary to carry out this section.
TITLE II--HOUSING PROVISIONS FOR INDOOR MOLD HAZARD PREVENTION AND
DETECTION
SEC. 201. INSPECTIONS OF RESIDENTIAL PROPERTY.
Beginning with the calendar year 2004, the lessor of each unit of
rental property shall conduct an annual inspection of such property in
accordance with the model standards and techniques set forth in section
103 and shall promptly notify the occupants of such property of the
results of such inspection.
SEC. 202. SALE OR LEASE OF RESIDENTIAL PROPERTY.
(a) Not later than 2 years after the date of enactment of this Act,
the Secretary of Housing and Urban Development and the Administrator of
the Environmental Protection Agency shall promulgate regulations under
this section for the disclosure of mold hazards in housing which is
offered for sale or lease.
(b) The regulations shall require that, before the sale or lease of
real property a mold inspection be conducted by a State-certified mold
inspector and, within a reasonable time prior to the effective date of
the purchase or lease, the seller or lessor shall clearly and
accurately disclose to the purchaser or lessee the results of the
inspection required under this subsection.
(c) Regulations promulgated under this section shall provide that
every contract for the sale or lease of any interest in housing shall
contain a statement signed by both the seller or lessor and by the
purchaser or lessee that acknowledges the result of the mold inspection
required by subsection (b).
(d)(1) Any person who knowingly misrepresents the results of a mold
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