Legislación


US (United States) Code. Title 42. Chapter 63: Lead-based paint poisoning prevention


-CITE-

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

-HEAD-

CHAPTER 63 - LEAD-BASED PAINT POISONING PREVENTION

-MISC1-

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 Repealed.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 Repealed.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 Repealed.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 State laws superseded, and null and void.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

-HEAD-

SUBCHAPTER I - GRANTS FOR DETECTION AND TREATMENT OF LEAD-BASED

PAINT POISONING

-End-

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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'."

-End-

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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

-End-

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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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