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US (United States) Code. Title 42. Chapter 63A: Residential lead-based paint hazard reduction


-CITE-

42 USC CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD

REDUCTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

-MISC1-

Sec.

4851. Findings.

4851a. Purposes.

4851b. Definitions.

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

4852. Grants for lead-based paint hazard reduction in target

housing.

(a) General authority.

(b) Eligible applicants.

(c) Form of applications.

(d) Selection criteria.

(e) Eligible activities.

(f) Forms of assistance.

(g) Technical assistance and capacity building.

(h) Matching requirement.

(i) Prohibition of substitution of funds.

(j) Limitation on use.

(k) Financial records.

(l) Report.

(m) Notice of Funding Availability.

(n) Relationship to other law.

(o) Environmental review.

(p) Authorization of appropriations.

4852a. Task force on lead-based paint hazard reduction and

financing.

(a) In general.

(b) Membership.

(c) Responsibilities.

(d) Compensation.

4852b. National consultation on lead-based paint hazard

reduction.

4852c. Guidelines for lead-based paint hazard evaluation and

reduction activities.

4852d. Disclosure of information concerning lead upon

transfer of residential property.

(a) Lead disclosure in purchase and sale or lease

of target housing.

(b) Penalties for violations.

(c) Validity of contracts and liens.

(d) Effective date.

SUBCHAPTER II - WORKER PROTECTION

4853. Worker protection.

4853a. Coordination between Environmental Protection Agency

and Department of Labor.

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

PART 1 - HUD RESEARCH

4854. Research on lead exposure from other sources.

4854a. Testing technologies.

4854b. Authorization.

PART 2 - GAO REPORT

4855. Federal implementation and insurance study.

(a) Federal implementation study.

(b) Insurance study.

SUBCHAPTER IV - REPORTS

4856. Reports of Secretary of Housing and Urban Development.

(a) Annual report.

(b) Biennial report.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 2683.

-End-

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42 USC Sec. 4851 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4851. Findings

-STATUTE-

The Congress finds that -

(1) low-level lead poisoning is widespread among American

children, afflicting as many as 3,000,000 children under age 6,

with minority and low-income communities disproportionately

affected;

(2) at low levels, lead poisoning in children causes

intelligence quotient deficiencies, reading and learning

disabilities, impaired hearing, reduced attention span,

hyperactivity, and behavior problems;

(3) pre-1980 American housing stock contains more than

3,000,000 tons of lead in the form of lead-based paint, with the

vast majority of homes built before 1950 containing substantial

amounts of lead-based paint;

(4) the ingestion of household dust containing lead from

deteriorating or abraded lead-based paint is the most common

cause of lead poisoning in children;

(5) the health and development of children living in as many as

3,800,000 American homes is endangered by chipping or peeling

lead paint, or excessive amounts of lead-contaminated dust in

their homes;

(6) the danger posed by lead-based paint hazards can be reduced

by abating lead-based paint or by taking interim measures to

prevent paint deterioration and limit children's exposure to lead

dust and chips;

(7) despite the enactment of laws in the early 1970's requiring

the Federal Government to eliminate as far as practicable

lead-based paint hazards in federally owned, assisted, and

insured housing, the Federal response to this national crisis

remains severely limited; and

(8) the Federal Government must take a leadership role in

building the infrastructure - including an informed public, State

and local delivery systems, certified inspectors, contractors,

and laboratories, trained workers, and available financing and

insurance - necessary to ensure that the national goal of

eliminating lead-based paint hazards in housing can be achieved

as expeditiously as possible.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1002, Oct. 28, 1992, 106 Stat.

3897.)

-MISC1-

SHORT TITLE

Section 1001 of title X of Pub. L. 102-550 provided that: "This

title [enacting this chapter and sections 2681 to 2692 of Title 15,

Commerce and Trade, amending sections 1437f, 1437aaa-1, 1437aaa-2,

1471, 4822, 5305, 12705, 12742, 12872, 12873, 12892, and 12893 of

this title, sections 1703, 1709, and 1715l of Title 12, Banks and

Banking, sections 2606, 2610, 2612, 2615, 2616, 2618, and 2619 of

Title 15, and section 671 of Title 29, Labor, and enacting

provisions set out as a note under section 2601 of Title 15] may be

cited as the 'Residential Lead-Based Paint Hazard Reduction Act of

1992'."

-End-

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42 USC Sec. 4851a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4851a. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to develop a national strategy to build the infrastructure

necessary to eliminate lead-based paint hazards in all housing as

expeditiously as possible;

(2) to reorient the national approach to the presence of

lead-based paint in housing to implement, on a priority basis, a

broad program to evaluate and reduce lead-based paint hazards in

the Nation's housing stock;

(3) to encourage effective action to prevent childhood lead

poisoning by establishing a workable framework for lead-based

paint hazard evaluation and reduction and by ending the current

confusion over reasonable standards of care;

(4) to ensure that the existence of lead-based paint hazards is

taken into account in the development of Government housing

policies and in the sale, rental, and renovation of homes and

apartments;

(5) to mobilize national resources expeditiously, through a

partnership among all levels of government and the private

sector, to develop the most promising, cost-effective methods for

evaluating and reducing lead-based paint hazards;

(6) to reduce the threat of childhood lead poisoning in housing

owned, assisted, or transferred by the Federal Government; and

(7) to educate the public concerning the hazards and sources of

lead-based paint poisoning and steps to reduce and eliminate such

hazards.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1003, Oct. 28, 1992, 106 Stat.

3897.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning title X of Pub. L. 102-550, Oct. 28, 1992, 106 Stat.

3897, known as the Residential Lead-Based Paint Hazard Reduction

Act of 1992. For complete classification of this Act to the Code,

see Short Title note set out under section 4851 of this title and

Tables.

-End-

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42 USC Sec. 4851b 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4851b. Definitions

-STATUTE-

For the purposes of this chapter, the following definitions shall

apply:

(1) Abatement

The term "abatement" means any set of measures designed to

permanently eliminate lead-based paint hazards in accordance with

standards established by appropriate Federal agencies. Such term

includes -

(A) the removal of lead-based paint and lead-contaminated

dust, the permanent containment or encapsulation of lead-based

paint, the replacement of lead-painted surfaces or fixtures,

and the removal or covering of lead contaminated soil; and

(B) all preparation, cleanup, disposal, and postabatement

clearance testing activities associated with such measures.

(2) Accessible surface

The term "accessible surface" means an interior or exterior

surface painted with lead-based paint that is accessible for a

young child to mouth or chew.

(3) Certified contractor

The term "certified contractor" means -

(A) a contractor, inspector, or supervisor who has completed

a training program certified by the appropriate Federal agency

and has met any other requirements for certification or

licensure established by such agency or who has been certified

by any State through a program which has been found by such

Federal agency to be at least as rigorous as the Federal

certification program; and

(B) workers or designers who have fully met training

requirements established by the appropriate Federal agency.

(4) Contract for the purchase and sale of residential real

property

The term "contract for the purchase and sale of residential

real property" means any contract or agreement in which one party

agrees to purchase an interest in real property on which there is

situated 1 or more residential dwellings used or occupied, or

intended to be used or occupied, in whole or in part, as the home

or residence of 1 or more persons.

(5) Deteriorated paint

The term "deteriorated paint" means any interior or exterior

paint that is peeling, chipping, chalking or cracking or any

paint located on an interior or exterior surface or fixture that

is damaged or deteriorated.

(6) Evaluation

The term "evaluation" means risk assessment, inspection, or

risk assessment and inspection.

(7) Federally assisted housing

The term "federally assisted housing" means residential

dwellings receiving project-based assistance under programs

including -

(A) section 1715l(d)(3) or 1715z-1 of title 12;

(B) section 1 of the Housing and Urban Development Act of

1965;

(C) section 1437f of this title; or

(D) sections 1472(a), 1474, 1484, 1485, 1486 and 1490m of

this title.

(8) Federally owned housing

The term "federally owned housing" means residential dwellings

owned or managed by a Federal agency, or for which a Federal

agency is a trustee or conservator. For the purpose of this

paragraph, the term "Federal agency" includes the Department of

Housing and Urban Development, the Farmers Home Administration,

the Resolution Trust Corporation, the Federal Deposit Insurance

Corporation, the General Services Administration, the Department

of Defense, the Department of Veterans Affairs, the Department of

the Interior, the Department of Transportation, and any other

Federal agency.

(9) Federally supported work

The term "federally supported work" means any lead hazard

evaluation or reduction activities conducted in federally owned

or assisted housing or funded in whole or in part through any

financial assistance program of the Department of Housing and

Urban Development, the Farmers Home Administration, or the

Department of Veterans Affairs.

(10) Friction surface

The term "friction surface" means an interior or exterior

surface that is subject to abrasion or friction, including

certain window, floor, and stair surfaces.

(11) Impact surface

The term "impact surface" means an interior or exterior surface

that is subject to damage by repeated impacts, for example,

certain parts of door frames.

(12) Inspection

The term "inspection" means a surface-by-surface investigation

to determine the presence of lead-based paint as provided in

section 4822(c) of this title and the provision of a report

explaining the results of the investigation.

(13) Interim controls

The term "interim controls" means a set of measures designed to

reduce temporarily human exposure or likely exposure to

lead-based paint hazards, including specialized cleaning,

repairs, maintenance, painting, temporary containment, ongoing

monitoring of lead-based paint hazards or potential hazards, and

the establishment and operation of management and resident

education programs.

(14) Lead-based paint

The term "lead-based paint" means paint or other surface

coatings that contain lead in excess of limits established under

section 4822(c) of this title.

(15) Lead-based paint hazard

The term "lead-based paint hazard" means any condition that

causes exposure to lead from lead-contaminated dust,

lead-contaminated soil, lead-contaminated paint that is

deteriorated or present in accessible surfaces, friction

surfaces, or impact surfaces that would result in adverse human

health effects as established by the appropriate Federal agency.

(16) Lead-contaminated dust

The term "lead-contaminated dust" means surface dust in

residential dwellings that contains an area or mass concentration

of lead in excess of levels determined by the appropriate Federal

agency to pose a threat of adverse health effects in pregnant

women or young children.

(17) Lead-contaminated soil

The term "lead-contaminated soil" means bare soil on

residential real property that contains lead at or in excess of

the levels determined to be hazardous to human health by the

appropriate Federal agency.

(18) Mortgage loan

The term "mortgage loan" includes any loan (other than

temporary financing such as a construction loan) that -

(A) is secured by a first lien on any interest in residential

real property; and

(B) either -

(i) is insured, guaranteed, made, or assisted by the

Department of Housing and Urban Development, the Department

of Veterans Affairs, or the Farmers Home Administration, or

by any other agency of the Federal Government; or

(ii) is intended to be sold by each originating mortgage

institution to any federally chartered secondary mortgage

market institution.

(19) Originating mortgage institution

The term "originating mortgage institution" means a lender that

provides mortgage loans.

(20) Priority housing

The term "priority housing" means target housing that qualifies

as affordable housing under section 12745 of this title,

including housing that receives assistance under subsection (b)

or (o) of section 1437f of this title.

(21) Public housing

The term "public housing" has the same meaning given the term

in section 1437a(b) of this title.

(22) Reduction

The term "reduction" means measures designed to reduce or

eliminate human exposure to lead-based paint hazards through

methods including interim controls and abatement.

(23) Residential dwelling

The term "residential dwelling" means -

(A) a single-family dwelling, including attached structures

such as porches and stoops; or

(B) a single-family dwelling unit in a structure that

contains more than 1 separate residential dwelling unit, and in

which each such unit is used or occupied, or intended to be

used or occupied, in whole or in part, as the home or residence

of 1 or more persons.

(24) Residential real property

The term "residential real property" means real property on

which there is situated 1 or more residential dwellings used or

occupied, or intended to be used or occupied, in whole or in

part, as the home or residence of 1 or more persons.

(25) Risk assessment

The term "risk assessment" means an on-site investigation to

determine and report the existence, nature, severity and location

of lead-based paint hazards in residential dwellings, including -

(A) information gathering regarding the age and history of

the housing and occupancy by children under age 6;

(B) visual inspection;

(C) limited wipe sampling or other environmental sampling

techniques;

(D) other activity as may be appropriate; and

(E) provision of a report explaining the results of the

investigation.

(26) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

(27) Target housing

The term "target housing" means any housing constructed prior

to 1978, except housing for the elderly or persons with

disabilities (unless any child who is less than 6 years of age

resides or is expected to reside in such housing for the elderly

or persons with disabilities) or any 0-bedroom dwelling. In the

case of jurisdictions which banned the sale or use of lead-based

paint prior to 1978, the Secretary, at the Secretary's

discretion, may designate an earlier date.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1004, Oct. 28, 1992, 106 Stat.

3898.)

-REFTEXT-

REFERENCES IN TEXT

Section 1 of the Housing and Urban Development Act of 1965,

referred to in par. (7)(B), is section 1 of Pub. L. 89-117, which

is set out as a Short Title of 1965 Amendment note under section

1701 of Title 12, Banks and Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437f, 1471, 4822, 5305,

12705, 12742 of this title; title 12 sections 1703, 1709, 1715l;

title 15 section 2682.

-End-

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42 USC SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-End-

-CITE-

42 USC Sec. 4852 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4852. Grants for lead-based paint hazard reduction in target

housing

-STATUTE-

(a) General authority

The Secretary is authorized to provide grants to eligible

applicants to evaluate and reduce lead-based paint hazards in

housing that is not federally assisted housing, federally owned

housing, or public housing, in accordance with the provisions of

this section. Grants shall only be made under this section to

provide assistance for housing which meets the following criteria -

(1) for grants made to assist rental housing, at least 50

percent of the units must be occupied by or made available to

families with incomes at or below 50 percent of the area median

income level and the remaining units shall be occupied or made

available to families with incomes at or below 80 percent of the

area median income level, and in all cases the landlord shall

give priority in renting units assisted under this section, for

not less than 3 years following the completion of lead abatement

activities, to families with a child under the age of six years,

except that buildings with five or more units may have 20 percent

of the units occupied by families with incomes above 80 percent

of area median income level;

(2) for grants made to assist housing owned by owner-occupants,

all units assisted with grants under this section shall be the

principal residence of families with income at or below 80

percent of the area median income level, and not less than 90

percent of the units assisted with grants under this section

shall be occupied by a child under the age of six years or shall

be units where a child under the age of six years spends a

significant amount of time visiting; and

(3) notwithstanding paragraphs (1) and (2), Round II grantees

who receive assistance under this section may use such assistance

for priority housing.

(b) Eligible applicants

A State or unit of local government that has an approved

comprehensive housing affordability strategy under section 12705 of

this title is eligible to apply for a grant under this section.

(c) Form of applications

To receive a grant under this section, a State or unit of local

government shall submit an application in such form and in such

manner as the Secretary shall prescribe. An application shall

contain -

(1) a copy of that portion of an applicant's comprehensive

housing affordability strategy required by section 12705(b)(16)

(!1) of this title;

(2) a description of the amount of assistance the applicant

seeks under this section;

(3) a description of the planned activities to be undertaken

with grants under this section, including an estimate of the

amount to be allocated to each activity;

(4) a description of the forms of financial assistance to

owners and occupants of housing that will be provided through

grants under this section; and

(5) such assurances as the Secretary may require regarding the

applicant's capacity to carry out the activities.

(d) Selection criteria

The Secretary shall award grants under this section on the basis

of the merit of the activities proposed to be carried out and on

the basis of selection criteria, which shall include -

(1) the extent to which the proposed activities will reduce the

risk of lead-based paint poisoning to children under the age of 6

who reside in housing;

(2) the degree of severity and extent of lead-based paint

hazards in the jurisdiction to be served;

(3) the ability of the applicant to leverage State, local, and

private funds to supplement the grant under this section;

(4) the ability of the applicant to carry out the proposed

activities; and

(5) such other factors as the Secretary determines appropriate

to ensure that grants made available under this section are used

effectively and to promote the purposes of this chapter.

(e) Eligible activities

A grant under this section may be used to -

(1) perform risk assessments and inspections in housing;

(2) provide for the interim control of lead-based paint hazards

in housing;

(3) provide for the abatement of lead-based paint hazards in

housing;

(4) provide for the additional cost of reducing lead-based

paint hazards in units undergoing renovation funded by other

sources;

(5) ensure that risk assessments, inspections, and abatements

are carried out by certified contractors in accordance with

section 2682 of title 15;

(6) monitor the blood-lead levels of workers involved in lead

hazard reduction activities funded under this section;

(7) assist in the temporary relocation of families forced to

vacate housing while lead hazard reduction measures are being

conducted;

(8) educate the public on the nature and causes of lead

poisoning and measures to reduce exposure to lead, including

exposure due to residential lead-based paint hazards;

(9) test soil, interior surface dust, and the blood-lead levels

of children under the age of 6 residing in housing after

lead-based paint hazard reduction activity has been conducted, to

assure that such activity does not cause excessive exposures to

lead; and

(10) carry out such other activities that the Secretary

determines appropriate to promote the purposes of this chapter.

(f) Forms of assistance

The applicant may provide the services described in this section

through a variety of programs, including grants, loans, equity

investments, revolving loan funds, loan funds, loan guarantees,

interest write-downs, and other forms of assistance approved by the

Secretary.

(g) Technical assistance and capacity building

(1) In general

The Secretary shall develop the capacity of eligible applicants

to carry out the requirements of section 12705(b)(16) (!1) of

this title and to carry out activities under this section. In

fiscal years 1993 and 1994, the Secretary may make grants of up

to $200,000 for the purpose of establishing State training,

certification or accreditation programs that meet the

requirements of section 2682 of title 15.

(2) Set-aside

Of the total amount approved in appropriation Acts under

subsection (o) of this section, there shall be set aside to carry

out this subsection $3,000,000 for fiscal year 1993 and

$3,000,000 for fiscal year 1994.

(h) Matching requirement

Each recipient of a grant under this section shall make

contributions toward the cost of activities that receive assistance

under this section in an amount not less than 10 percent of the

total grant amount under this section.

(i) Prohibition of substitution of funds

Grants under this subchapter may not be used to replace other

amounts made available or designated by State or local governments

for use for the purposes under this subchapter.

(j) Limitation on use

An applicant shall ensure that not more than 10 percent of the

grant will be used for administrative expenses associated with the

activities funded.

(k) Financial records

An applicant shall maintain and provide the Secretary with

financial records sufficient, in the determination of the

Secretary, to ensure proper accounting and disbursing of amounts

received from a grant under this section.

(l) Report

An applicant under this section shall submit to the Secretary,

for any fiscal year in which the applicant expends grant funds

under this section, a report that -

(1) describes the use of the amounts received;

(2) states the number of risk assessments and the number of

inspections conducted in residential dwellings;

(3) states the number of residential dwellings in which

lead-based paint hazards have been reduced through interim

controls;

(4) states the number of residential dwellings in which

lead-based paint hazards have been abated; and

(5) provides any other information that the Secretary

determines to be appropriate.

(m) Notice of Funding Availability

The Secretary shall publish a Notice of Funding Availability

pursuant to this section not later than 120 days after funds are

appropriated for this section.

(n) Relationship to other law

Effective 2 years after the date of promulgation of regulations

under section 2682 of title 15, no grants for lead-based paint

hazard evaluation or reduction may be awarded to a State under this

section unless such State has an authorized program under section

2684 of title 15.

(o) Environmental review

(1) In general

For purposes of environmental review, decisionmaking, and

action pursuant to the National Environmental Policy Act of 1969

[42 U.S.C. 4321 et seq.] and other provisions of law that further

the purposes of such Act, a grant under this section shall be

treated as assistance under the HOME Investment Partnership (!2)

Act, established under title II of the Cranston-Gonzalez National

Affordable Housing Act [42 U.S.C. 12721 et seq.], and shall be

subject to the regulations promulgated by the Secretary to

implement section 288 of such Act [42 U.S.C. 12838].

(2) Applicability

This subsection shall apply to -

(A) grants awarded under this section; and

(B) grants awarded to States and units of general local

government for the abatement of significant lead-based paint

and lead dust hazards in low- and moderate-income

owner-occupied units and low-income privately owned rental

units pursuant to title II of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 1992 (Public Law 102-139, 105

Stat. 736).

(p) Authorization of appropriations

For the purposes of carrying out this chapter, there are

authorized to be appropriated $125,000,000 for fiscal year 1993 and

$250,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1011, Oct. 28, 1992, 106 Stat.

3901; Pub. L. 103-233, title III, Sec. 305(a), Apr. 11, 1994, 108

Stat. 370; Pub. L. 104-134, title I, Sec. 101(e) [title II, Sec.

217], Apr. 26, 1996, 110 Stat. 1321-257, 1321-290; renumbered title

I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

Section 12705(b)(16) of this title, referred to in subsecs.

(c)(1) and (g)(1), probably means section 12705(b)(16) relating to

housing units that contain lead-based paint hazards which was

redesignated section 12705(b)(17) by Pub. L. 105-276, title V, Sec.

583(5)(B), Oct. 21, 1998, 112 Stat. 2644.

This chapter, referred to in subsecs. (d)(5), (e)(10), and (p),

was in the original "this Act", meaning title X of Pub. L. 102-550,

Oct. 28, 1992, 106 Stat. 3897, known as the Residential Lead-Based

Paint Hazard Reduction Act of 1992. For complete classification of

this Act to the Code, see Short Title note set out under section

4851 of this title and Tables.

This subchapter, referred to in subsec. (i), was in the original

"this subtitle", meaning subtitle A of title X of Pub. L. 102-550,

Oct. 28, 1992, 106 Stat. 3901, which enacted this subchapter and

amended sections 1437f, 1437aaa-1, 1437aaa-2, 1471, 4822, 5305,

12705, 12742, 12872, 12873, 12892, and 12893 of this title and

sections 1703, 1709, and 1715l of Title 12, Banks and Banking.

The National Environmental Policy Act of 1969, referred to in

subsec. (o)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

The Cranston-Gonzalez National Affordable Housing Act, referred

to in subsec. (o)(1), is Pub. L. 101-625, Nov. 28, 1990, 104 Stat.

4079, as amended. Title II of the Act, known as the HOME Investment

Partnerships Act, is classified generally to subchapter II (Sec.

12721 et seq.) of chapter 130 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 12701 of this title and Tables.

The Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1992,

referred to in subsec. (o)(2)(B), is Pub. L. 102-139, Oct. 28,

1991, 105 Stat. 736. Title II of the Act relates to appropriations

for the Department of Housing and Urban Development. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-134, Sec. 101(e) [title II, Sec.

217], substituted "hazards in housing" for "hazards in priority

housing" and inserted at end "Grants shall only be made under this

section to provide assistance for housing which meets the following

criteria - " and pars. (1) to (3).

Subsecs. (c)(4), (d)(1), (e)(1) to (3), (7), (9). Pub. L.

104-134, Sec. 101(e) [title II, Sec. 217(a)], substituted "housing"

for "priority housing".

1994 - Subsecs. (o), (p). Pub. L. 103-233 added subsec. (o) and

redesignated former subsec. (o) as (p).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4854b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "Partnerships".

-End-

-CITE-

42 USC Sec. 4852a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4852a. Task force on lead-based paint hazard reduction and

financing

-STATUTE-

(a) In general

The Secretary, in consultation with the Administrator of the

Environmental Protection Agency, shall establish a task force to

make recommendations on expanding resources and efforts to evaluate

and reduce lead-based paint hazards in private housing.

(b) Membership

The task force shall include individuals representing the

Department of Housing and Urban Development, the Farmers Home

Administration, the Department of Veterans Affairs, the Federal

Home Loan Mortgage Corporation, the Federal National Mortgage

Association, the Environmental Protection Agency, employee

organizations in the building and construction trades industry,

landlords, tenants, primary lending institutions, private mortgage

insurers, single-family and multifamily real estate interests,

nonprofit housing developers, property liability insurers, public

housing agencies, low-income housing advocacy organizations,

national, State and local lead-poisoning prevention advocates and

experts, and community-based organizations located in areas with

substantial rental housing.

(c) Responsibilities

The task force shall make recommendations to the Secretary and

the Administrator of the Environmental Protection Agency concerning

-

(1) incorporating the need to finance lead-based paint hazard

reduction into underwriting standards;

(2) developing new loan products and procedures for financing

lead-based paint hazard evaluation and reduction activities;

(3) adjusting appraisal guidelines to address lead safety;

(4) incorporating risk assessments or inspections for

lead-based paint as a routine procedure in the origination of new

residential mortgages;

(5) revising guidelines, regulations, and educational pamphlets

issued by the Department of Housing and Urban Development and

other Federal agencies relating to lead-based paint poisoning

prevention;

(6) reducing the current uncertainties of liability related to

lead-based paint in rental housing by clarifying standards of

care for landlords and lenders, and by exploring the "safe

harbor" concept;

(7) increasing the availability of liability insurance for

owners of rental housing and certified contractors and

establishing alternative systems to compensate victims of

lead-based paint poisoning; and

(8) evaluating the utility and appropriateness of requiring

risk assessments or inspections and notification to prospective

lessees of rental housing.

(d) Compensation

The members of the task force shall not receive Federal

compensation for their participation.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1015, Oct. 28, 1992, 106 Stat.

3908.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4852b of this title.

-End-

-CITE-

42 USC Sec. 4852b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4852b. National consultation on lead-based paint hazard

reduction

-STATUTE-

In carrying out this chapter, the Secretary shall consult on an

ongoing basis with the Administrator of the Environmental

Protection Agency, the Director of the Centers for Disease Control,

other Federal agencies concerned with lead poisoning prevention,

and the task force established pursuant to section 4852a of this

title.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1016, Oct. 28, 1992, 106 Stat.

3909.)

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-End-

-CITE-

42 USC Sec. 4852c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4852c. Guidelines for lead-based paint hazard evaluation and

reduction activities

-STATUTE-

Not later than 12 months after October 28, 1992, the Secretary,

in consultation with the Administrator of the Environmental

Protection Agency, the Secretary of Labor, and the Secretary of

Health and Human Services (acting through the Director of the

Centers for Disease Control), shall issue guidelines for the

conduct of federally supported work involving risk assessments,

inspections, interim controls, and abatement of lead-based paint

hazards. Such guidelines shall be based upon criteria that measure

the condition of the housing (and the presence of children under

age 6 for the purposes of risk assessments) and shall not be based

upon criteria that measure the health of the residents of the

housing.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1017, Oct. 28, 1992, 106 Stat.

3909.)

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4822 of this title.

-End-

-CITE-

42 USC Sec. 4852d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER I - LEAD-BASED PAINT HAZARD REDUCTION

-HEAD-

Sec. 4852d. Disclosure of information concerning lead upon transfer

of residential property

-STATUTE-

(a) Lead disclosure in purchase and sale or lease of target housing

(1) Lead-based paint hazards

Not later than 2 years after October 28, 1992, the Secretary

and the Administrator of the Environmental Protection Agency

shall promulgate regulations under this section for the

disclosure of lead-based paint hazards in target housing which is

offered for sale or lease. The regulations shall require that,

before the purchaser or lessee is obligated under any contract to

purchase or lease the housing, the seller or lessor shall -

(A) provide the purchaser or lessee with a lead hazard

information pamphlet, as prescribed by the Administrator of the

Environmental Protection Agency under section 406 of the Toxic

Substances Control Act [15 U.S.C. 2686];

(B) disclose to the purchaser or lessee the presence of any

known lead-based paint, or any known lead-based paint hazards,

in such housing and provide to the purchaser or lessee any lead

hazard evaluation report available to the seller or lessor; and

(C) permit the purchaser a 10-day period (unless the parties

mutually agree upon a different period of time) to conduct a

risk assessment or inspection for the presence of lead-based

paint hazards.

(2) Contract for purchase and sale

Regulations promulgated under this section shall provide that

every contract for the purchase and sale of any interest in

target housing shall contain a Lead Warning Statement and a

statement signed by the purchaser that the purchaser has -

(A) read the Lead Warning Statement and understands its

contents;

(B) received a lead hazard information pamphlet; and

(C) had a 10-day opportunity (unless the parties mutually

agreed upon a different period of time) before becoming

obligated under the contract to purchase the housing to conduct

a risk assessment or inspection for the presence of lead-based

paint hazards.

(3) Contents of lead warning statement

The Lead Warning Statement shall contain the following text

printed in large type on a separate sheet of paper attached to

the contract:

"Every purchaser of any interest in residential real property on

which a residential dwelling was built prior to 1978 is notified

that such property may present exposure to lead from lead-based

paint that may place young children at risk of developing lead

poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced

intelligence quotient, behavioral problems, and impaired memory.

Lead poisoning also poses a particular risk to pregnant women. The

seller of any interest in residential real property is required to

provide the buyer with any information on lead-based paint hazards

from risk assessments or inspections in the seller's possession and

notify the buyer of any known lead-based paint hazards. A risk

assessment or inspection for possible lead-based paint hazards is

recommended prior to purchase.".

(4) Compliance assurance

Whenever a seller or lessor has entered into a contract with an

agent for the purpose of selling or leasing a unit of target

housing, the regulations promulgated under this section shall

require the agent, on behalf of the seller or lessor, to ensure

compliance with the requirements of this section.

(5) Promulgation

A suit may be brought against the Secretary of Housing and

Urban Development and the Administrator of the Environmental

Protection Agency under section 20 of the Toxic Substances

Control Act [15 U.S.C. 2619] to compel promulgation of the

regulations required under this section and the Federal district

court shall have jurisdiction to order such promulgation.

(b) Penalties for violations

(1) Monetary penalty

Any person who knowingly violates any provision of this section

shall be subject to civil money penalties in accordance with the

provisions of section 3545 of this title.

(2) Action by Secretary

The Secretary is authorized to take such lawful action as may

be necessary to enjoin any violation of this section.

(3) Civil liability

Any person who knowingly violates the provisions of this

section shall be jointly and severally liable to the purchaser or

lessee in an amount equal to 3 times the amount of damages

incurred by such individual.

(4) Costs

In any civil action brought for damages pursuant to paragraph

(3), the appropriate court may award court costs to the party

commencing such action, together with reasonable attorney fees

and any expert witness fees, if that party prevails.

(5) Prohibited act

It shall be a prohibited act under section 409 of the Toxic

Substances Control Act [15 U.S.C. 2689] for any person to fail or

refuse to comply with a provision of this section or with any

rule or order issued under this section. For purposes of

enforcing this section under the Toxic Substances Control Act [15

U.S.C. 2601 et seq.], the penalty for each violation applicable

under section 16 of that Act [15 U.S.C. 2615] shall not be more

than $10,000.

(c) Validity of contracts and liens

Nothing in this section shall affect the validity or

enforceability of any sale or contract for the purchase and sale or

lease of any interest in residential real property or any loan,

loan agreement, mortgage, or lien made or arising in connection

with a mortgage loan, nor shall anything in this section create a

defect in title.

(d) Effective date

The regulations under this section shall take effect 3 years

after October 28, 1992.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1018, Oct. 28, 1992, 106 Stat.

3910.)

-REFTEXT-

REFERENCES IN TEXT

The Toxic Substances Control Act, referred to in subsec. (b)(5),

is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which

is classified generally to chapter 53 (Sec. 2601 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 2601 of Title

15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4856 of this title; title

15 section 2686.

-End-

-CITE-

42 USC SUBCHAPTER II - WORKER PROTECTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER II - WORKER PROTECTION

-HEAD-

SUBCHAPTER II - WORKER PROTECTION

-End-

-CITE-

42 USC Sec. 4853 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER II - WORKER PROTECTION

-HEAD-

Sec. 4853. Worker protection

-STATUTE-

Not later than 180 days after October 28, 1992, the Secretary of

Labor shall issue an interim final regulation regulating

occupational exposure to lead in the construction industry. Such

interim final regulation shall provide employment and places of

employment to employees which are as safe and healthful as those

which would prevail under the Department of Housing and Urban

Development guidelines published at Federal Register 55, page 38973

(September 28, 1990) (Revised Chapter 8). Such interim final

regulations shall take effect upon issuance (except that such

regulations may include a reasonable delay in the effective date),

shall have the legal effect of an Occupational Safety and Health

Standard, and shall apply until a final standard becomes effective

under section 655 of title 29.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1031, Oct. 28, 1992, 106 Stat.

3924.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4853a of this title.

-End-

-CITE-

42 USC Sec. 4853a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER II - WORKER PROTECTION

-HEAD-

Sec. 4853a. Coordination between Environmental Protection Agency

and Department of Labor

-STATUTE-

The Secretary of Labor, in promulgating regulations under section

4853 of this title, shall consult and coordinate with the

Administrator of the Environmental Protection Agency for the

purpose of achieving the maximum enforcement of title IV of the

Toxic Substances Control Act [15 U.S.C. 2681 et seq.] and the

Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]

while imposing the least burdens of duplicative requirements on

those subject to such title and Act and for other purposes.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1032, Oct. 28, 1992, 106 Stat.

3924.)

-REFTEXT-

REFERENCES IN TEXT

The Toxic Substances Control Act, referred to in text, is Pub. L.

94-469, Oct. 11, 1976, 90 Stat. 2003, as amended. Title IV of the

Act is classified generally to subchapter IV (Sec. 2681 et seq.) of

chapter 53 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 15 and Tables.

The Occupational Safety and Health Act of 1970, referred to in

text, is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended,

which is classified principally to chapter 15 (Sec. 651 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

-End-

-CITE-

42 USC SUBCHAPTER III - RESEARCH AND DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

-HEAD-

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4856 of this title.

-End-

-CITE-

42 USC Part 1 - HUD Research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 1 - HUD Research

-HEAD-

PART 1 - HUD RESEARCH

-End-

-CITE-

42 USC Sec. 4854 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 1 - HUD Research

-HEAD-

Sec. 4854. Research on lead exposure from other sources

-STATUTE-

The Secretary, in cooperation with other Federal agencies, shall

conduct research on strategies to reduce the risk of lead exposure

from other sources, including exterior soil and interior lead dust

in carpets, furniture, and forced air ducts.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1051, Oct. 28, 1992, 106 Stat.

3925.)

-End-

-CITE-

42 USC Sec. 4854a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 1 - HUD Research

-HEAD-

Sec. 4854a. Testing technologies

-STATUTE-

The Secretary, in cooperation with other Federal agencies, shall

conduct research to -

(1) develop improved methods for evaluating lead-based paint

hazards in housing;

(2) develop improved methods for reducing lead-based paint

hazards in housing;

(3) develop improved methods for measuring lead in paint films,

dust, and soil samples;

(4) establish performance standards for various detection

methods, including spot test kits;

(5) establish performance standards for lead-based paint hazard

reduction methods, including the use of encapsulants;

(6) establish appropriate cleanup standards;

(7) evaluate the efficacy of interim controls in various hazard

situations;

(8) evaluate the relative performance of various abatement

techniques;

(9) evaluate the long-term cost-effectiveness of interim

control and abatement strategies; and

(10) assess the effectiveness of hazard evaluation and

reduction activities funded by this chapter.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1052, Oct. 28, 1992, 106 Stat.

3925.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (10), was in the original "this

Act", meaning title X of Pub. L. 102-550, Oct. 28, 1992, 106 Stat.

3897, known as the Residential Lead-Based Paint Hazard Reduction

Act of 1992. For complete classification of this Act to the Code,

see Short Title note set out under section 4851 of this title and

Tables.

-End-

-CITE-

42 USC Sec. 4854b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 1 - HUD Research

-HEAD-

Sec. 4854b. Authorization

-STATUTE-

Of the total amount approved in appropriation Acts under section

4852(o) (!1) of this title, there shall be set aside to carry out

this part $5,000,000 for fiscal year 1993, and $5,000,000 for

fiscal year 1994.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1053, Oct. 28, 1992, 106 Stat.

3926.)

-REFTEXT-

REFERENCES IN TEXT

Section 4852(o) of this title, referred to in text, was

redesignated section 4852(p) of this title by Pub. L. 103-233,

title III, Sec. 305(a)(1), Apr. 11, 1994, 108 Stat. 370.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part 2 - GAO Report 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 2 - GAO Report

-HEAD-

PART 2 - GAO REPORT

-End-

-CITE-

42 USC Sec. 4855 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER III - RESEARCH AND DEVELOPMENT

Part 2 - GAO Report

-HEAD-

Sec. 4855. Federal implementation and insurance study

-STATUTE-

(a) Federal implementation study

The Comptroller General of the United States shall assess the

effectiveness of Federal enforcement and compliance with lead

safety laws and regulations, including any changes needed in annual

inspection procedures to identify lead-based paint hazards in units

receiving assistance under subsections (b) and (o) of section 1437f

of this title.

(b) Insurance study

The Comptroller General of the United States shall assess the

availability of liability insurance for owners of residential

housing that contains lead-based paint and persons engaged in

lead-based paint hazard evaluation and reduction activities. In

carrying out the assessment, the Comptroller General shall -

(1) analyze any precedents in the insurance industry for the

containment and abatement of environmental hazards, such as

asbestos, in federally assisted housing;

(2) provide an assessment of the recent insurance experience in

the public housing lead hazard identification and reduction

program; and

(3) recommend measures for increasing the availability of

liability insurance to owners and contractors engaged in

federally supported work.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1056, Oct. 28, 1992, 106 Stat.

3926.)

-End-

-CITE-

42 USC SUBCHAPTER IV - REPORTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER IV - REPORTS

-HEAD-

SUBCHAPTER IV - REPORTS

-End-

-CITE-

42 USC Sec. 4856 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 63A - RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

SUBCHAPTER IV - REPORTS

-HEAD-

Sec. 4856. Reports of Secretary of Housing and Urban Development

-STATUTE-

(a) Annual report

The Secretary shall transmit to the Congress an annual report

that -

(1) sets forth the Secretary's assessment of the progress made

in implementing the various programs authorized by this chapter;

(2) summarizes the most current health and environmental

studies on childhood lead poisoning, including studies that

analyze the relationship between interim control and abatement

activities and the incidence of lead poisoning in resident

children;

(3) recommends legislative and administrative initiatives that

may improve the performance by the Department of Housing and

Urban Development in combating lead hazards through the expansion

of lead hazard evaluation and reduction activities;

(4) describes the results of research carried out in accordance

with subchapter III of this chapter; and

(5) estimates the amount of Federal assistance annually

expended on lead hazard evaluation and reduction activities.

(b) Biennial report

(1) In general

24 months after October 28, 1992, and at the end of every

24-month period thereafter, the Secretary shall report to the

Congress on the progress of the Department of Housing and Urban

Development in implementing expanded lead-based paint hazard

evaluation and reduction activities.

(2) Contents

The report shall -

(A) assess the effectiveness of section 4852d of this title

in making the public aware of lead-based paint hazards;

(B) estimate the extent to which lead-based paint hazard

evaluation and reduction activities are being conducted in the

various categories of housing;

(C) monitor and report expenditures for lead-based paint

hazard evaluation and reduction for programs within the

jurisdiction of the Department of Housing and Urban

Development;

(D) identify the infrastructure needed to eliminate

lead-based paint hazards in all housing as expeditiously as

possible, including cost-effective technology, standards and

regulations, trained and certified contractors, certified

laboratories, liability insurance, private financing

techniques, and appropriate Government subsidies;

(E) assess the extent to which the infrastructure described

in subparagraph (D) exists, make recommendations to correct

shortcomings, and provide estimates of the costs of measures

needed to build an adequate infrastructure; and

(F) include any additional information that the Secretary

deems appropriate.

-SOURCE-

(Pub. L. 102-550, title X, Sec. 1061, Oct. 28, 1992, 106 Stat.

3926.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the original

"this title", meaning title X of Pub. L. 102-550, Oct. 28, 1992,

106 Stat. 3897, known as the Residential Lead-Based Paint Hazard

Reduction Act of 1992. For complete classification of this title to

the Code, see Short Title note set out under section 4851 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3536 of this title.

-End-




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