Legislación
US (United States) Code. Title 42. Chapter 63: Lead-based paint poisoning prevention
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42 USC CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
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CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
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SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT OF LEAD-BASED
PAINT POISONING
Sec.
4801. Repealed.
SUBCHAPTER II - GRANTS FOR ELIMINATION OF LEAD-BASED PAINT
POISONING
4811. Repealed.
SUBCHAPTER III - FEDERAL DEMONSTRATION AND RESEARCH PROGRAM:
FEDERAL HOUSING ADMINISTRATION REQUIREMENTS
4821. Development of program; consultation; nature of
program; safe level of lead; report to Congress.
4822. Requirements for housing receiving Federal assistance.
(a) General requirements.
(b) Measurement criteria.
(c) Inspection requirements.
(d) Abatement required.
(e) Exceptions.
(f) Funding.
(g) Interpretation of section.
SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT
4831. Use of lead-based paint.
(a) Prohibition by Secretary of Health and Human
Services in application to cooking, drinking,
or eating utensils.
(b) Prohibition by Secretary of Housing and Urban
Development of use in residential structures
constructed or rehabilitated by Federal
Government or with Federal assistance.
(c) Prohibition by Consumer Product Safety
Commission in application to toys or furniture
articles.
SUBCHAPTER V - GENERAL PROVISIONS
4841. Definitions.
4842. Consultation by Secretary with other departments and
agencies.
4843. Authorization of appropriations.
4844, 4845. Repealed.
4846. State laws superseded, and null and void.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 12 section 1715z-22.
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42 USC SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT
OF LEAD-BASED PAINT POISONING 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT OF LEAD-BASED
PAINT POISONING
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SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT OF LEAD-BASED
PAINT POISONING
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42 USC Sec. 4801 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT OF LEAD-BASED
PAINT POISONING
-HEAD-
Sec. 4801. Repealed. Pub. L. 95-626, title II, Sec. 208(b), Nov.
10, 1978, 92 Stat. 3588
-MISC1-
Section, Pub. L. 91-695, title I, Sec. 101, Jan. 13, 1971, 84
Stat. 2078; Pub. L. 93-151, Sec. 1, Nov. 9, 1973, 87 Stat. 565;
Pub. L. 94-317, title II, 204(a), June 23, 1976, 90 Stat. 705,
related to the development of local programs with respect to
detection and treatment of lead-based paint poisoning.
EFFECTIVE DATE OF REPEAL
Section 208(b) of Pub. L. 95-626 provided that the repeal of this
section is effective Oct. 1, 1979.
SHORT TITLE
Section 1 of Pub. L. 91-695 provided: "That this Act [enacting
this chapter] may be cited as the 'Lead-Based Paint Poisoning
Prevention Act'."
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42 USC SUBCHAPTER II - GRANTS FOR ELIMINATION OF
LEAD-BASED PAINT POISONING 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER II - GRANTS FOR ELIMINATION OF LEAD-BASED PAINT POISONING
-HEAD-
SUBCHAPTER II - GRANTS FOR ELIMINATION OF LEAD-BASED PAINT
POISONING
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42 USC Sec. 4811 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER II - GRANTS FOR ELIMINATION OF LEAD-BASED PAINT POISONING
-HEAD-
Sec. 4811. Repealed. Pub. L. 95-626, title II, Sec. 208(b), Nov.
10, 1978, 92 Stat. 3588
-MISC1-
Section, Pub. L. 91-695, title II, Sec. 201, Jan. 13, 1971, 84
Stat. 2078; Pub. L. 93-151, Sec. 2, Nov. 9, 1973, 87 Stat. 565,
related to the development of local programs for the elimination of
lead-based paint poisoning.
EFFECTIVE DATE OF REPEAL
Section 208(b) of Pub. L. 95-626 provided that the repeal of this
section is effective Oct. 1, 1979.
-End-
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42 USC SUBCHAPTER III - FEDERAL DEMONSTRATION AND
RESEARCH PROGRAM: FEDERAL HOUSING
ADMINISTRATION REQUIREMENTS 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER III - FEDERAL DEMONSTRATION AND RESEARCH PROGRAM: FEDERAL
HOUSING ADMINISTRATION REQUIREMENTS
-HEAD-
SUBCHAPTER III - FEDERAL DEMONSTRATION AND RESEARCH PROGRAM:
FEDERAL HOUSING ADMINISTRATION REQUIREMENTS
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42 USC Sec. 4821 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER III - FEDERAL DEMONSTRATION AND RESEARCH PROGRAM: FEDERAL
HOUSING ADMINISTRATION REQUIREMENTS
-HEAD-
Sec. 4821. Development of program; consultation; nature of program;
safe level of lead; report to Congress
-STATUTE-
(a) The Secretary of Housing and Urban Development, in
consultation with the Secretary of Health and Human Services, shall
develop and carry out a demonstration and research program to
determine the nature and extent of the problem of lead based paint
poisoning in the United States, particularly in urban areas,
including the methods by which the lead based paint hazard can most
effectively be removed from interior surfaces, porches, and
exterior surfaces of residential housing to which children may be
exposed.
(b) The Chairman of the Consumer Product Safety Commission shall
conduct appropriate research on multiple layers of dried paint
film, containing the various lead compounds commonly used, in order
to ascertain the safe level of lead in residential paint products.
No later than December 31, 1974, the Chairman shall submit to
Congress a full and complete report of his findings and
recommendations as developed pursuant to such programs, together
with a statement of any legislation which should be enacted or any
changes in existing law which should be made in order to carry out
such recommendations.
-SOURCE-
(Pub. L. 91-695, title III, Sec. 301, Jan. 13, 1971, 84 Stat. 2079;
Pub. L. 93-151, Sec. 3, Nov. 9, 1973, 87 Stat. 566; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-MISC1-
AMENDMENTS
1973 - Subsec. (a). Pub. L. 93-151 incorporated existing first
sentence in provisions designated as subsec. (a).
Subsec. (b). Pub. L. 93-151 required the Chairman of the Consumer
Product Safety Commission to conduct research to ascertain the safe
level of lead in provisions designated as subsec. (b), incorporated
existing second sentence as the second sentence of the subsection,
substituting requirement of submission of report by the Chairman no
later than Dec. 31, 1974, for former similar requirement for
submission of a report by the Secretary within one year after Jan.
13, 1971.
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (a)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-End-
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42 USC Sec. 4822 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER III - FEDERAL DEMONSTRATION AND RESEARCH PROGRAM: FEDERAL
HOUSING ADMINISTRATION REQUIREMENTS
-HEAD-
Sec. 4822. Requirements for housing receiving Federal assistance
-STATUTE-
(a) General requirements
(1) Elimination of hazards
The Secretary of Housing and Urban Development (hereafter in
this section referred to as the "Secretary") shall establish
procedures to eliminate as far as practicable the hazards of lead
based paint poisoning with respect to any existing housing which
may present such hazards and which is covered by an application
for mortgage insurance or housing assistance payments under a
program administered by the Secretary or otherwise receives more
than $5,000 in project-based assistance under a Federal housing
program. Beginning on January 1, 1995, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 4851b of this title, 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 section 2686 of title 15, to purchasers
and tenants;
(B) periodic risk assessments and interim controls in
accordance with a schedule determined by the Secretary, the
initial risk assessment of each unit constructed prior to 1960
to be conducted not later than January 1, 1996, and, for units
constructed between 1960 and 1978 -
(i) not less than 25 percent shall be performed by January
1, 1998;
(ii) not less than 50 percent shall be performed by January
1, 2000; and
(iii) the remainder shall be performed by January 1, 2002;
(C) inspection for the presence of lead-based paint prior to
federally-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 $25,000 per unit in
Federal funds;
(E) abatement of lead-based paint hazards in the course of
substantial rehabilitation projects receiving more than $25,000
per unit in Federal 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 Secretary deems appropriate.
(2) Additional measures
The Secretary may establish such other procedures as may be
appropriate to carry out the purposes of this section.
(3) Disposition of federally owned housing
(A) Pre-1960 target housing
Beginning on January 1, 1995, procedures established under
paragraphs (1) and (2) shall require the inspection and
abatement of lead-based paint hazards in all federally owned
target housing constructed prior to 1960.
(B) Target housing constructed between 1960 and 1978
Beginning on January 1, 1995, procedures established under
paragraphs (1) and (2) shall require an inspection for
lead-based paint and lead-based paint hazards in all federally
owned target housing constructed between 1960 and 1978. 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 Secretary shall have the discretion to waive the
requirement of this subparagraph for housing in which a
federally 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 section 661c(e) of title 2 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 Federal 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", "federally owned
housing", "target housing", "risk assessment", and "certified
contractor" have the same meaning given such terms in section
4851b of this title.
(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 4851b of this title.
(b) Measurement criteria
The procedures established by the Secretary under this section
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 4852c
of this title.
(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, atomic absorption spectroscopy, or
comparable approved sampling or testing technique. A certified
inspector or laboratory 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 or 0.5 percent by weight,
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 or 0.5 percent
by weight to the extent that reliable technology makes feasible the
detection of a lower level and medical evidence supports the
imposition of a lower level. The requirements of this subsection
shall apply as provided in subsection (d) of this section.
(d) Abatement required
(1) Transitional testing and abatement in public housing
receiving modernization assistance
In the case of public housing assisted with capital assistance
provided under section 1437g of this title, the Secretary shall
require the inspection described in subsection (c) of this
section for -
(A) a random sample of dwellings and common areas in all
public housing projects assisted under such section; and
(B) each dwelling in any public housing project in which
there is a dwelling determined under subparagraph (A) to have
lead-based paint hazards, except that the Secretary shall not
require the inspection of each dwelling if the Secretary
requires the abatement of the lead-based paint hazards for the
surfaces of each dwelling in the public housing project that
correspond to the surfaces in the sample determined to have
such hazards under subparagraph (A).
The Secretary shall require the inspection of all housing subject
to this paragraph in accordance with the modernization schedule.
A public housing agency may elect to test for lead-based paint
using atomic absorption spectroscopy and may elect to abate
lead-based paint and dust containing lead under standards more
stringent than that in subsection (c) of this section, including
the abatement of lead-based paint and dust which exceeds the
standard of lead permitted in paints by the Consumer Product
Safety Commission under this chapter, and such abatement shall
qualify for capital assistance provided under section 1437g of
this title. The Secretary shall require abatement of lead-based
paint and lead-based paint hazards in housing in which the test
results equal or exceed the standard established by or under
subsection (c) of this section. Final inspection and
certification after abatement shall be made by a qualified
inspector, industrial hygienist, or local public health official.
(2) Abatement demonstration program
(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 and public
housing, the Secretary shall utilize a sufficient variety of
abatement methods in a sufficient number of areas and
circumstances to demonstrate their relative cost-effectiveness
and their applicability to various types of housing. For
purposes of the demonstration, a public housing agency may
elect to test for lead-based paint using atomic absorption
spectroscopy and may elect to abate lead-based paint and dust
containing lead under standards more stringent than that in
subsection (c) of this section, including the abatement of
lead-based paint and dust which exceeds the standard of lead
permitted in paints by the Consumer Product Safety Commission
under this chapter, and such abatement shall qualify for
assistance under section 1437l (!1) of this title.
(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 of the demonstration program,
including any recommendations of the Secretary for legislation
to revise the requirements of this subsection. Based on the
demonstration, the Secretary shall prepare and include in the
report a comprehensive and workable plan for the cost-effective
inspection and abatement of public housing in accordance with
paragraph (3), including an estimate of the total cost of
abatement in accordance with paragraph (3)(B). In preparing
such report, the Secretary shall examine -
(i) the most reliable technology available for detecting
lead-based paint, including X-ray fluorescence and atomic
absorption spectroscopy;
(ii) the most efficient and cost-effective methods for
abatement, including removal, containment, or encapsulation
of the contaminated components, procedures which minimize the
generation of dust (including the high efficiency vacuum
removal of leaded dust), and procedures that provide for
offsite disposal of the removed components, in compliance
with all applicable regulatory standards and procedures;
(iii) safety considerations in testing, abatement, and
worker protection;
(iv) the overall accuracy and reliability of laboratory
testing of physical samples, x-ray fluorescence machines, and
other available testing procedures;
(v) availability of qualified samplers and testers;
(vi) an estimate of the amount, characteristics, and
regional distribution of housing in the United States that
contains lead-based paint hazards at differing levels of
contamination; and
(vii) the merits of an interim containment protocol for
public housing dwellings that are determined to have
lead-based paint hazards but for which comprehensive
improvement assistance under section 1437l (!1) of this title
is not available.
(3) Testing and abatement of other public housing
(A) Required inspection
The Secretary shall require the inspection described in
subsection (c) of this section for -
(i) a random sample of dwellings and common areas in all
public housing that is not subject to paragraph (1); and
(ii) each dwelling in any public housing project in which
there is a dwelling determined under clause (i) to have
lead-based paint hazards, except that the Secretary shall not
require the inspection of each dwelling if the Secretary
requires the abatement of the lead-based paint hazards for
the surfaces of each dwelling in the public housing project
that correspond to the surfaces in the sample determined to
have such hazards under clause (i).
(B) Schedule
The Secretary shall require the inspection of all housing
subject to this paragraph prior to the expiration of 5 years
after the report is required to be transmitted under paragraph
(2)(B). The Secretary may 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 and final inspection and certification of
such housing in accordance with the last two sentences of
paragraph (1).
(4) Report required
Not later than 9 months after completion of the demonstration
required by paragraph (2), the Secretary shall, based on the
demonstration, prepare and transmit to the Congress, a
comprehensive and workable plan, including any recommendations
for changes in legislation, for the prompt and cost effective
inspection and abatement of privately owned single family and
multifamily housing, including housing assisted under section
1437f of this title. After the expiration of the 9-month period
referred to in the preceding sentence, the Secretary may not
obligate or expend any funds or otherwise carry out activities
related to any other policy development and research project
until the report is transmitted.
(e) Exceptions
The provisions of this section shall not apply to -
(1) housing for the elderly or handicapped, except for any
dwelling in such housing in which any child who is less than 7
years of age resides or is expected to reside;
(2) any project for which an application for insurance is
submitted under section 1715v, 1715w, 1715z-6, or 1715z-7 of
title 12; or
(3) any 0-bedroom dwelling.
(f) Funding
The Secretary shall carry out the provisions of this section
utilizing available Federal funding sources. The Secretary shall
use funds available under the Capital Fund under section 1437g of
this title to carry out this section in public housing. The
Secretary shall submit annually to the Congress an estimate of the
funds required to carry out the provisions of this section with the
reports required by paragraphs (2)(B) and (4).
(g) Interpretation of section
This section may not be construed to affect the responsibilities
of the Environmental Protection Agency with respect to the
protection of the public health from hazards posed by lead-based
paint.
-SOURCE-
(Pub. L. 91-695, title III, Sec. 302, as added Pub. L. 93-151, Sec.
4(a)(1), Nov. 9, 1973, 87 Stat. 566; amended Pub. L. 100-242, title
V, Sec. 566(a), Feb. 5, 1988, 101 Stat. 1945; Pub. L. 100-628,
title X, Sec. 1088(a)-(f), (h), Nov. 7, 1988, 102 Stat. 3280-3282;
Pub. L. 102-550, title X, Secs. 1012(a)-(d), 1013, Oct. 28, 1992,
106 Stat. 3904, 3905, 3907; Pub. L. 105-276, title V, Sec.
522(b)(4), Oct. 21, 1998, 112 Stat. 2564.)
-REFTEXT-
REFERENCES IN TEXT
Section 1437l of this title, referred to in subsec. (d)(2)(A),
(B)(vii), was repealed by Pub. L. 105-276, title V, Sec. 522(a),
Oct. 21, 1998, 112 Stat. 2564.
For effective date of the regulations issued to carry out this
subsection, referred to in subsec. (d)(2)(B), see section 566(b) of
Pub. L. 100-242, set out as a note below.
-MISC1-
AMENDMENTS
1998 - Subsec. (d)(1). Pub. L. 105-276, Sec. 522(b)(4)(A), in
introductory provisions, substituted "assisted with capital
assistance provided under section 1437g of this title" for
"assisted under section 1437l of this title" and, in concluding
provisions, substituted "capital assistance provided under section
1437g of this title" for "assistance under section 1437l of this
title".
Subsec. (f). Pub. L. 105-276, Sec. 522(b)(4)(B), substituted
"under the Capital Fund under section 1437g of this title" for "for
comprehensive improvement assistance under section 1437l of this
title".
1992 - Pub. L. 102-550, Sec. 1012(a)(1), amended section
catchline generally.
Subsec. (a). Pub. L. 102-550, Sec. 1012(a)(2)-(4), designated
first sentence of subsec. (a) as par. (1), inserted heading,
inserted before period at end of first sentence "or otherwise
receives more than $5,000 in project-based assistance under a
Federal housing program", substituted "Beginning on January 1,
1995, such procedures shall apply to all such housing that
constitutes target housing, as defined in section 4851b of this
title, 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 - " and subpars. (A) to (G) for former second sentence of
subsec. (a) which read as follows: "Such procedures shall apply to
all such housing constructed or substantially rehabilitated prior
to 1978 and shall as a minimum provide for (1) appropriate measures
to eliminate as far as practicable immediate hazards due to the
presence of accessible intact, intact, and nonintact interior and
exterior painted surfaces that may contain lead in any such housing
in which any child who is less than 7 years of age resides or is
expected to reside, and (2) assured notification (using a brochure
developed after consultation with the National Institute of
Building Sciences) to purchasers and tenants of such housing of the
hazards of lead based paint, of the symptoms and treatment of lead
based paint poisoning, and of the importance and availability of
maintenance and removal techniques for eliminating such hazards.",
and designated former third sentence of subsec. (a) as par. (2) and
inserted heading.
Pub. L. 102-550, Sec. 1013, added pars. (3) and (4) and struck
out former fourth sentence of subsec. (a) which read as follows:
"Further, the Secretary shall establish and implement procedures to
eliminate the hazards of lead based paint poisoning in all
federally owned properties prior to the sale of such properties
when their use is intended for residential habitation."
Subsec. (b). Pub. L. 102-550, Sec. 1012(b), substituted "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 4852c of
this title." for "for the detection and abatement of lead-based
paint poisoning hazards in any housing, including housing assisted
under section 1437f of this title -
"(1) shall be based upon criteria that measure the condition of
the housing; and
"(2) shall not be based upon criteria that measure the health
of the residents of the housing."
Subsec. (c). Pub. L. 102-550, Sec. 1012(c), substituted
"certified inspector" for "qualified inspector" and substituted
"centimeter squared or 0.5 percent by weight" for "centimeter
squared" in two places.
Subsec. (d)(1). Pub. L. 102-550, Sec. 1012(d), in heading,
substituted "modernization" for "CIAP" and in fourth sentence,
substituted "of lead-based paint and lead-based paint hazards" for
"to eliminate the lead-based paint poisoning hazards".
1988 - Pub. L. 100-242 designated existing provisions as subsec.
(a) "General requirements", substituted "housing constructed or
substantially rehabilitated prior to 1978" for "housing constructed
prior to 1950", in cl. (1), substituted "accessible intact, intact,
and nonintact interior and exterior painted surfaces that may
contain lead in any such housing in which any child who is less
than 7 years of age resides or is expected to reside" for "paint
which may contain lead and to which children may be exposed", in
cl. (2), inserted "(using a brochure developed after consultation
with the National Institute of Building Sciences)" after
"notification", and struck out after second sentence "Such
procedures may apply to housing constructed during or after 1950 if
the Secretary determines, in his discretion, that such housing
presents hazards of lead based paint.", and added subsecs. (b) to
(f).
Subsec. (c). Pub. L. 100-628, Sec. 1088(f), inserted ", atomic
absorption spectroscopy," after "fluorescence analyzer" in first
sentence, and "or laboratory" after "inspector" in second sentence.
Subsec. (d)(1). Pub. L. 100-628, Sec. 1088(a), substituted
"Transitional testing and abatement in public housing receiving
CIAP assistance" for "Public housing" in heading, substituted
"section 1437l of this title" for "section 1437g of this title" in
first sentence, added subpars. (A) and (B) and second and third
sentences, inserted ", industrial hygienist, or local public health
official" before period at end of last sentence, and struck out
former subpars. (A) to (C) and second and third sentences which
read as follows:
"(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."
Subsec. (d)(2). Pub. L. 100-628, Sec. 1088(b)(1), substituted
"Abatement demonstration program" for "HUD-owned properties" in
heading.
Subsec. (d)(2)(A). Pub. L. 100-628, Sec. 1088(b)(2), inserted
"and public housing" after "Urban Development", and inserted at end
"For purposes of the demonstration, a public housing agency may
elect to test for lead-based paint using atomic absorption
spectroscopy and may elect to abate lead-based paint and dust
containing lead under standards more stringent than that in
subsection (c) of this section, including the abatement of
lead-based paint and dust which exceeds the standard of lead
permitted in paints by the Consumer Product Safety Commission under
this chapter, and such abatement shall qualify for assistance under
section 1437l of this title."
Subsec. (d)(2)(B). Pub. L. 100-628, Sec. 1088(b)(3), in
introductory provisions, inserted after first sentence "Based on
the demonstration, the Secretary shall prepare and include in the
report a comprehensive and workable plan for the cost-effective
inspection and abatement of public housing in accordance with
paragraph (3), including an estimate of the total cost of abatement
in accordance with paragraph (3)(B)."
Subsec. (d)(2)(B)(i). Pub. L. 100-628, Sec. 1088(c)(1), inserted
", including X-ray fluorescence and atomic absorption spectroscopy"
after "lead-based paint".
Subsec. (d)(2)(B)(ii). Pub. L. 100-628, Sec. 1088(c)(2), inserted
", including removal, containment, or encapsulation of the
contaminated components, procedures which minimize the generation
of dust (including the high efficiency vacuum removal of leaded
dust), and procedures that provide for offsite disposal of the
removed components, in compliance with all applicable regulatory
standards and procedures" after "methods for abatement".
Subsec. (d)(2)(B)(iii). Pub. L. 100-628, Sec. 1088(c)(3),
inserted ", abatement, and worker protection" after "in testing".
Subsec. (d)(2)(B)(vii). Pub. L. 100-628, Sec. 1088(c)(4)-(6),
added cl. (vii).
Subsec. (d)(3), (4). Pub. L. 100-628, Sec. 1088(d), added par.
(3) and redesignated former par. (3) as (4).
Subsec. (f). Pub. L. 100-628, Sec. 1088(e), inserted at end "The
Secretary shall submit annually to the Congress an estimate of the
funds required to carry out the provisions of this section with the
reports required by paragraphs (2)(B) and (4)."
Subsec. (g). Pub. L. 100-628, Sec. 1088(h), added subsec. (g).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by title V of Pub. L. 105-276 effective and applicable
beginning upon Oct. 1, 1999, except as otherwise provided, with
provision that Secretary may implement amendment before such date,
except to extent that such amendment provides otherwise, and with
savings provision, see section 503 of Pub. L. 105-276, set out as a
note under section 1437 of this title.
EFFECTIVE DATE
Section 4(b) of Pub. L. 93-151 provided that: "The amendments
made by subsection (a) of this section [enacting this section]
become effective upon the expiration of ninety days following the
date of enactment of this Act [Nov. 9, 1973]."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(f) of this section relating to annual submittal to Congress of
estimate of funds, see section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and
Finance, and item 22 on page 97 of House Document No. 103-7.
LEAD-BASED PAINT ABATEMENT TRAINING AND CERTIFICATION REQUIREMENTS
AND TRAINING GRANTS
Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 765, 766,
which provided for regulations governing lead-based paint abatement
activities to ensure that individuals engaged in such activities
are properly trained, that training programs are accredited, that
contractors are certified, and that laboratories engaged in testing
for substances are certified, and which also provided for grants
for training and education of workers who are or may be directly
engaged in lead-based paint abatement activities, was omitted as
superseded by section 2682(a)(1) of Title 15, Commerce and Trade,
which provided in part that on Oct. 28, 1992, the provisions of law
formerly set out in this note would cease to have any force and
effect.
LEAD-BASED PAINT TECHNICAL GUIDELINES; DRAFT GUIDELINES
Pub. L. 101-144, title II, Nov. 9, 1989, 103 Stat. 853, provided
that: "If the Secretary of the Department of Housing and Urban
Development has not issued the lead-based paint technical
guidelines on reliable testing protocols, safe and effective
abatement techniques, cleanup methods and acceptable post-abatement
lead dust levels by April 1, 1990, the Department's September 29,
1989, draft guidelines shall take effect and remain in force until
revised by the Secretary."
PREREQUISITES TO IMPLEMENTATION OF REGULATIONS REGARDING TESTING
AND ABATEMENT OF LEAD-BASED PAINT IN PUBLIC HOUSING
Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1021, provided
that: "None of the funds provided in this Act [see Tables for
classification] or heretofore provided may be used to implement or
enforce the regulations promulgated by the Department of Housing
and Urban Development on June 6, 1988, with respect to the testing
and abatement of lead-based paint in public housing until the
Secretary develops comprehensive technical guidelines on reliable
testing protocols, safe and effective abatement techniques, cleanup
methods, and acceptable post-abatement lead dust levels."
REGULATIONS AND CONSULTATION
Section 566(b) of Pub. L. 100-242, as amended by Pub. L. 100-418,
title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
100-628, title X, Sec. 1088(g), Nov. 7, 1988, 102 Stat. 3282,
provided that:
"(1) Proposed regulations. - Not later than the expiration of the
60-day period following the date of the enactment of this Act [Feb.
5, 1988], the Secretary of Housing and Urban Development shall
publish proposed regulations to carry out the amendments made by
this section [amending this section].
"(2) Final regulations. - The Secretary shall publish final
regulations to carry out the amendments made by this section, which
shall become effective not later than the expiration of the 120-day
period following the date of the enactment of this Act.
"(3) Required consultations. - Before issuing proposed
regulations and in preparing reports under this section, the
Secretary shall consult with -
"(A) the National Institute of Building Sciences, the
Environmental Protection Agency, the National Institute of
Environmental Health Sciences, the Centers for Disease Control
[now Centers for Disease Control and Prevention], the Consumer
Product Safety Commission, major public housing organizations,
other major housing organizations, and the National Institute of
Standards and Technology with respect to the most cost-effective
methods of detecting and abating lead-based paint poisoning
hazards; and
"(B) public housing agencies to develop a cost-efficient plan
for detecting and abating lead-based paint poisoning hazards in
dwelling assisted under section 8 of the United States Housing
Act of 1937 [42 U.S.C. 1437f] and dwellings in public housing
assisted under such Act [42 U.S.C. 1437 et seq.]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1437aaa-1, 1437aaa-2,
4851b, 12872, 12873, 12892, 12893 of this title; title 12 section
1715z-22; title 15 section 2681.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF
LEAD-BASED PAINT 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT
-HEAD-
SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT
-End-
-CITE-
42 USC Sec. 4831 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER IV - PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT
-HEAD-
Sec. 4831. Use of lead-based paint
-STATUTE-
(a) Prohibition by Secretary of Health and Human Services in
application to cooking, drinking, or eating utensils
The Secretary of Health and Human Services shall take such steps
and impose such conditions as may be necessary or appropriate to
prohibit the application of lead-based paint to any cooking
utensil, drinking utensil, or eating utensil manufactured and
distributed after January 13, 1971.
(b) Prohibition by Secretary of Housing and Urban Development of
use in residential structures constructed or rehabilitated by
Federal Government or with Federal assistance
The Secretary of Housing and Urban Development shall take steps
and impose such conditions as may be necessary or appropriate to
prohibit the use of lead-based paint in residential structures
constructed or rehabilitated by the Federal Government, or with
Federal assistance in any form after January 13, 1971.
(c) Prohibition by Consumer Product Safety Commission in
application to toys or furniture articles
The Consumer Product Safety Commission shall take such steps and
impose such conditions as may be necessary or appropriate to
prohibit the application of lead-based paint to any toy or
furniture article.
-SOURCE-
(Pub. L. 91-695, title IV, Sec. 401, Jan. 13, 1971, 84 Stat. 2079;
Pub. L. 93-151, Sec. 5, Nov. 9, 1973, 87 Stat. 566; Pub. L. 94-317,
title II, Sec. 204(b), June 23, 1976, 90 Stat. 705; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-REFTEXT-
REFERENCES IN TEXT
January 13, 1971, referred to in subsecs. (a) and (b), was in the
original "the date of enactment of this Act".
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-317 amended section generally, designating
existing provisions as subsec. (a), striking out requirement of
consultation with Secretary of Housing and Urban Development and
provisions relating to prohibition of use of lead based paint in
residential structures constructed or rehabilitated by Federal
Government or with Federal assistance, and adding subsecs. (b) and
(c).
1973 - Pub. L. 93-151 amended section generally, providing for
consultation of the Secretaries, incorporating existing provisions
as cl. (1), and adding cl. (2).
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (a)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-End-
-CITE-
42 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER V - GENERAL PROVISIONS
-End-
-CITE-
42 USC Sec. 4841 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
Sec. 4841. Definitions
-STATUTE-
As used in this chapter -
(1) The term "State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories
and possessions of the United States.
(2) The term "units of general local government" means (A) any
city, county, township, town, borough, parish, village, or other
general purpose political subdivision of a State, (B) any
combination of units of general local government in one or more
States, (C) an Indian tribe, or (D) with respect to lead-based
paint poisoning elimination activities in their urban areas, the
territories and possessions of the United States.
(3)(A) Except as provided in subparagraph (B), the term
"lead-based paint" means any paint containing more than
five-tenths of 1 per centum lead by weight (calculated as lead
metal) in the total nonvolatile content of the paint, or the
equivalent measure of lead in the dried film of paint already
applied, or both.
(B)(i) The Consumer Product Safety Commission shall, during the
six-month period beginning on the date of the enactment of the
National Health Promotion and Disease Prevention Act of 1976,
determine, on the basis of available data and information and
after providing opportunity for an oral hearing and considering
recommendations of the Secretary of Health and Human Services
(including those of the Centers for Disease Control and
Prevention) and of the National Academy of Sciences, whether or
not a level of lead in paint which is greater than six
one-hundredths of 1 per centum but not in excess of five-tenths
of 1 per centum is safe. If the Commission determines, in
accordance with the preceding sentence, that another level of
lead is safe, the term "lead-based paint" means, with respect to
paint which is manufactured after the expiration of the six-month
period beginning on the date of the Commission's determination,
paint containing by weight (calculated as lead metal) in the
total nonvolatile content of the paint more than the level of
lead determined by the Commission to be safe or the equivalent
measure of lead in the dried film of paint already applied, or
both.
(ii) Unless the definition of the term "lead-based paint" has
been established by a determination of the Consumer Product
Safety Commission pursuant to clause (i) of this subparagraph,
the term "lead-based paint" means, with respect to paint which is
manufactured after the expiration of the twelve-month period
beginning on such date of enactment, paint containing more than
six one-hundredths of 1 per centum lead by weight (calculated as
lead metal) in the total nonvolatile content of the paint, or the
equivalent measure of lead in the dried film of paint already
applied, or both.
-SOURCE-
(Pub. L. 91-695, title V, Sec. 501, Jan. 13, 1971, 84 Stat. 2080;
Pub. L. 93-151, Sec. 6, Nov. 9, 1973, 87 Stat. 567; Pub. L. 94-317,
title II, Sec. 204(c), June 23, 1976, 90 Stat. 706; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-531,
title III, Sec. 312(g), Oct. 27, 1992, 106 Stat. 3506.)
-REFTEXT-
REFERENCES IN TEXT
The National Health Promotion and Disease Prevention Act of 1976,
referred to in par. (3)(B)(i), probably means Pub. L. 94-317, June
23, 1976, 90 Stat. 695, as amended, which enacted sections 300u to
300u-5 of this title, amended sections 201, 243, 247b, 247c, 264,
300f, 4801, 4831, and 4841 to 4843 of this title, and enacted
provisions set out as notes under sections 201, 247b, and 247c of
this title. For complete classification of this Act to the Code,
see Tables.
Such date of enactment, referred to in par. (3)(B)(ii), probably
means the date of approval of Pub. L. 94-317, which was June 23,
1976.
-MISC1-
AMENDMENTS
1992 - Par. (3)(B)(i). Pub. L. 102-531 substituted "Centers for
Disease Control and Prevention" for "Center for Disease Control".
1976 - Par. (3). Pub. L. 94-317 substituted provisions redefining
standards for lead in paint and procedures used to determine such
standards, for provisions defining standards of lead-based paint to
be paint containing more than five-tenths of 1 per centum of lead
by weight prior to Dec. 31, 1974, and after such date, paint
containing more than six one-hundredths of 1 per centum of lead by
weight, except where the Chairman of the Consumer Product Safety
Commission determined that the pre-1974 level was safe, then such
level to become effective.
1973 - Par. (3). Pub. L. 93-151 amended par. (3). Prior to
amendment, par. (3) defined "lead-based paint" to mean any paint
containing more than 1 per centum lead by weight (calculated as
lead metal) in the total non-volatile content of liquid paints or
in the dried film of paint already applied.
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in par. (3)(B)(i)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-End-
-CITE-
42 USC Sec. 4842 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
Sec. 4842. Consultation by Secretary with other departments and
agencies
-STATUTE-
In carrying out their respective authorities under this chapter,
the Secretary of Housing and Urban Development and the Secretary of
Health and Human Services shall each cooperate with and seek the
advice of the heads of any other departments or agencies regarding
any programs under their respective responsibilities which are
related to, or would be affected by, such authority.
-SOURCE-
(Pub. L. 91-695, title V, Sec. 502, Jan. 13, 1971, 84 Stat. 2080;
Pub. L. 94-317, title II, Sec. 204(d), June 23, 1976, 90 Stat. 706;
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-317 substituted "In carrying out their
respective authorities under this chapter, the Secretary of Housing
and Urban Development and the Secretary of Health, Education, and
Welfare shall each" for "In carrying out the authority under this
chapter, the Secretary of Health, Education, and Welfare shall".
-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in text pursuant to
section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.
-End-
-CITE-
42 USC Sec. 4843 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
Sec. 4843. Authorization of appropriations
-STATUTE-
(a) There are authorized to be appropriated to carry out this
chapter $10,000,000 for the fiscal year 1976, $12,000,000 for the
fiscal year 1977, and $14,000,000 for the fiscal year 1978.
(b) Any amounts appropriated under this section shall remain
available until expended when so provided in appropriation Acts;
and any amounts authorized for one fiscal year but not appropriated
may be appropriated for the succeeding fiscal year.
-SOURCE-
(Pub. L. 91-695, title V, Sec. 503, Jan. 13, 1971, 84 Stat. 2080;
Pub. L. 93-151, Sec. 7(a)-(d), Nov. 9, 1973, 87 Stat. 567; Pub. L.
94-317, title II, Sec. 204(e), June 23, 1976, 90 Stat. 706.)
-MISC1-
AMENDMENTS
1976 - Subsec. (a). Pub. L. 94-317, Sec. 204(e)(1), substituted
provisions authorizing appropriations for this chapter of
$10,000,000 for fiscal year 1976, $12,000,000 for fiscal year 1977,
and $14,000,000 for fiscal year 1978 for provisions authorizing
appropriations for subchapter I of this chapter not to exceed
$3,330,000 for fiscal year 1971, $6,660,000 for fiscal year 1972,
and $25,000,000 for each of fiscal years 1974 and 1975.
Subsec. (b). Pub. L. 94-317, Sec. 204(e)(1), (2), redesignated
subsec. (d) as (b). Former subsec. (b), which provided
authorization of appropriations for subchapter II of this chapter
not to exceed $5,000,000 for fiscal year 1971, $10,000,000 for
fiscal year 1972, and $35,000,000 for each of fiscal years 1974 and
1975, was struck out.
Subsec. (c). Pub. L. 94-317, Sec. 204(e)(1), struck out subsec.
(c) which provided for authorization of appropriations for
subchapter III of this chapter not to exceed $1,670,000 for fiscal
year 1971, $3,340,000 for fiscal year 1972, and $3,000,000 for each
of fiscal years 1974 and 1975.
Subsec. (d). Pub. L. 94-317, Sec. 204(e)(2), redesignated subsec.
(d) as (b).
1973 - Subsec. (a). Pub. L. 93-151, Sec. 7(a), provided for
appropriations authorization of $25,000,000 for fiscal years 1974
and 1975 for carrying out subchapter I provisions.
Subsec. (b). Pub. L. 93-151, Sec. 7(b), provided for
appropriations authorization of $35,000,000 for fiscal years 1974
and 1975 for carrying out subchapter II provisions.
Subsec. (c). Pub. L. 93-151, Sec. 7(c), provided for
appropriations authorization of $3,000,000 for fiscal years 1974
and 1975 for carrying out subchapter III provisions.
Subsec. (d). Pub. L. 93-151, Sec. 7(d), substituted "amounts
authorized for one fiscal year but not appropriated may be
appropriated for the succeeding fiscal year" for "amounts
authorized for the fiscal year 1971 but not appropriated may be
appropriated for the fiscal year 1972".
-End-
-CITE-
42 USC Secs. 4844, 4845 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
Secs. 4844, 4845. Repealed. Pub. L. 95-626, title II, Sec. 208(b),
Nov. 10, 1978, 92 Stat. 3588
-MISC1-
Section 4844, Pub. L. 91-695, title V, Sec. 504, as added Pub. L.
93-151, Sec. 7(e), Nov. 9, 1973, 87 Stat. 567, related to the
eligibility of certain State agencies with respect to grants made
under former sections 4801 and 4811 of this title.
Section 4845, Pub. L. 91-695, title V, Sec. 505, as added Pub. L.
93-151, Sec. 7(e), Nov. 9, 1973, 87 Stat. 568, provided for the
establishment of a National Childhood Lead Based Paint Poisoning
Advisory Board.
EFFECTIVE DATE OF REPEAL
Section 208(b) of Pub. L. 95-626 provided that the repeal is
effective Oct. 1, 1979.
-End-
-CITE-
42 USC Sec. 4846 01/06/03
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION
SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
Sec. 4846. State laws superseded, and null and void
-STATUTE-
It is hereby expressly declared that it is the intent of the
Congress to supersede any and all laws of the States and units of
local government insofar as they may now or hereafter provide for a
requirement, prohibition, or standard relating to the lead content
in paints or other similar surface-coating materials which differs
from the provisions of this chapter or regulations issued pursuant
to this chapter. Any law, regulation, or ordinance purporting to
establish such different requirement, prohibition, or standard
shall be null and void.
-SOURCE-
(Pub. L. 91-695, title V, Sec. 504, formerly Sec. 506, as added
Pub. L. 93-151, Sec. 7(e), Nov. 9, 1973, 87 Stat. 568; renumbered
Sec. 504, Pub. L. 95-626, title II, Sec. 208(b), Nov. 10, 1978, 92
Stat. 3588.)
-MISC1-
PRIOR PROVISIONS
A prior section 504 of Pub. L. 91-695 was classified to section
4844 of this title prior to repeal by Pub. L. 95-626.
-End-
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