Browse Arkansas Code titles and sections
42 U.S.C. § 4854 — Disclosure of information concerning lead upon transfer of residential property
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2686&num=0&edition=prelim)];
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4854
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 2a85c24aa488712af155226de51906c9a811e01f9d8cf47c7d06fa90c5f2111e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_b4cf31a388b0d8f42bcd1b88
Source file: Laws/federal/codes/united-states-code/title-42/section-4854-disclosure-of-information-concerning-lead-upon-transfer-of-residential-p--447fe8f1f5.md
Pages: Not recorded – Not recorded
Passage SHA-256: fd5c62c153ccf83032778719e5b3a1873a656878f6afd02a6554c70f7011b3f0
Source location: Title 42, Chapter 63A, § 4854; chapter-63a-residential-lead-based-paint-hazard-reduction.md
Stored source content
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2686&num=0&edition=prelim)];
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2619&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3545&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2689&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2601&num=0&edition=prelim) et seq.], the penalty for each violation applicable under section 16 of that Act [[15 U.S.C. 2615](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2615&num=0&edition=prelim)] 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any person may commence a civil action—
(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under section 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or
(2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary.
Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district.
**(b) Limitation** No civil action may be commenced—
(1) under subsection (a)(1) to restrain a violation of this chapter or rule or order under this chapter—
(A) before the expiration of 60 days after the plaintiff has given notice of such violation
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2619
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Lead hazard information pamphlet** Not later than 2 years after October 28, 1992, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this subchapter and [section 4852d of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4852d&num=0&edition=prelim). The pamphlet shall—
(1) contain information regarding the health risks associated with exposure to lead;
(2) provide information on the presence of lead-based paint hazards in federally assisted, federally owned, and target housing;
(3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead-based paint hazards;
(4) describe the risks of renovation in a dwelling with lead-based paint hazards;
(5) provide information on approved methods for evaluating and reducing lead-based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based paint hazards;
(6) advise persons how to obtain a list of contractors certified pursuant to this subchapter in lead-based paint hazard evaluation and reduction in the area in which the pamphlet is to be used;
(7) state that a risk assessment or inspection for lead-based paint is recommended prior to the purchase, lease, or renovation of target housing;
(8) state that certain State and local laws impose additional requirements related to lead-based paint in housing and provide a listi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2686
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice regarding assistance**
(1) **Publication of notice of availability** — The Secretary shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary.
(2) **Publication of application procedures** — The Secretary shall publish in the Federal Register a description of the form and procedures by which application for the assistance may be made, and any deadlines relating to the award or allocation of the assistance. Such description shall be designed to help eligible applicants to apply for such assistance.
(3) **Publication of selection criteria** — Not less than 30 days before any deadline by which applications or requests for assistance under any program or discretionary fund administered by the Secretary must be submitted, the Secretary shall publish in the Federal Register the criteria by which selection for the assistance will be made. Subject to [section 1439 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1439&num=0&edition=prelim), such criteria shall include any objective measures of housing need, project merit, or efficient use of resources that the Secretary determines are appropriate and consistent with the statute under which the assistance is made available.
(4) **Documentation of decisions**
(A) The Secretary shall award or allocate assistance only in response to a written application in a form approved in advance by the Secretary, except where other award or allocation procedures are specified in statute.
(B) The Secretary shall ensure that documentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allocation was made or denied.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3545
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person to fail or refuse to comply with a provision of this subchapter or with any rule or order issued under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2689
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil**
(1) Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title.
(2)
(A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order.
(B) In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.
(C) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.
(3) Any person wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2615
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
(3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.
**(b) Policy** It is the policy of the United States that—
(1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.
**(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2601
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1848
TITLE 15—COMMERCE AND TRADE
§ 2601
Sec.
2662.
Definitions.
2663.
EPA citizen’s guide.
2664.
Model construction standards and techniques.
2665.
Technical assistance to States for radon pro-
grams.
2666.
Grant assistance to States for radon pro-
grams.
2667.
Radon in schools.
2668.
Regional radon training centers.
2669.
Study of radon in Federal buildings.
2670.
Regulations.
2671.
Additional authorizations.
SUBCHAPTER IV—LEAD EXPOSURE REDUCTION
2681.
Definitions.
2682.
Lead-based paint activities training and cer-
tification.
2683.
Identification of dangerous levels of lead.
2684.
Authorized State programs.
2685.
Lead abatement and measurement.
2686.
Lead hazard information pamphlet.
2687.
Regulations.
2688.
Control of lead-based paint hazards at Fed-
eral facilities.
2689.
Prohibited acts.
2690.
Relationship to other Federal law.
2691.
General provisions relating to administrative
proceedings.
2692.
Authorization of appropriations.
SUBCHAPTER V—HEALTHY HIGH-PERFORMANCE
SCHOOLS
2695.
Grants for healthy school environments.
2695a.
Model guidelines for siting of school facili-
ties.
2695b.
Public outreach.
2695c.
Environmental health program.
2695d.
Authorization of appropriations.
SUBCHAPTER VI—FORMALDEHYDE STANDARDS
FOR COMPOSITE WOOD PRODUCTS
2697.
Formaldehyde standards.
SUBCHAPTER I—CONTROL OF TOXIC
SUBSTANCES
§ 2601. Findings, policy, and intent
(a) Findings
The Congress finds that—
(1) human beings and the environment are
being exposed each year to a large number of
chemical substances and mixtures;
(2) among the many chemical substances and
mixtures which are constantly being devel-
oped and produced, there are some whose man-
ufacture, processing, distribution in com-
merce, use, or dis
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 2601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1890
TITLE 15—COMMERCE AND TRADE
§ 2614
(B) shall be fined under title 18 or impris-
oned for not more than 1 year, or both.
(B) Description
An individual referred to in subparagraph
(A) is an individual who—
(i) pursuant to this section, obtained
possession of, or has access to, information
protected from disclosure under this sec-
tion; and
(ii) knowing that the information is pro-
tected from disclosure under this section,
willfully discloses the information in any
manner to any person not entitled to re-
ceive that information.
(C) Exception
This paragraph shall not apply to any
medical professional (including an emer-
gency medical technician or other first re-
sponder) who discloses any information ob-
tained under paragraph (5) or (6) of sub-
section (d) to a patient treated by the med-
ical professional, or to a person authorized
to make medical or health care decisions on
behalf of such a patient, as needed for the di-
agnosis or treatment of the patient.
(2) Other laws
Section 1905 of title 18 shall not apply with
respect to the publishing, divulging, disclo-
sure, or making known of, or making avail-
able, information reported to or otherwise ob-
tained by the Administrator under this chap-
ter.
(i) Applicability
(1) In general
Except as otherwise provided in this section,
section 2607 of this title, or any other applica-
ble Federal law, the Administrator shall have
no authority—
(A) to require the substantiation or re-
substantiation of a claim for the protection
from disclosure of information reported to
or otherwise obtained by the Administrator
under this chapter prior to June 22, 2016; or
(B) to impose substantiation or resubstan-
tiation requirements, with respect to the
protection of information described in sub-
section
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2615
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 2615. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1897
TITLE 15—COMMERCE AND TRADE
§ 2619
purpose required by section 553(c) of title 5 to
be incorporated in the rule or order, except as
part of the record, taken as a whole.
(2) The judgment of the court affirming or set-
ting aside, in whole or in part, any rule or order
reviewed in accordance with this section shall
be final, subject to review by the Supreme Court
of the United States upon certiorari or certifi-
cation, as provided in section 1254 of title 28.
(d) Fees and costs
The decision of the court in an action com-
menced under subsection (a), or of the Supreme
Court of the United States on review of such a
decision, may include an award of costs of suit
and reasonable fees for attorneys and expert
witnesses if the court determines that such an
award is appropriate.
(e) Other remedies
The remedies as provided in this section shall
be in addition to and not in lieu of any other
remedies provided by law.
(Pub. L. 94–469, title I, § 19, Oct. 11, 1976, 90 Stat.
2039; renumbered title I and amended Pub. L.
99–519, § 3(b)(2), (c)(1), Oct. 22, 1986, 100 Stat. 2989;
Pub. L. 102–550, title X, § 1021(b)(8), Oct. 28, 1992,
106 Stat. 3923; Pub. L. 114–182, title I, §§ 14, 19(m),
June 22, 2016, 130 Stat. 498, 508.)
Editorial Notes
AMENDMENTS
2016—Subsec. (a)(1)(A). Pub. L. 114–182, § 19(m)(1)(A),
substituted ‘‘Except as otherwise provided in this sub-
chapter, not later than 60 days after the date on which
a rule is promulgated under this subchapter, sub-
chapter II, or subchapter IV, or the date on which an
order is issued under section 2603, 2604(e), 2604(f), or
2605(i)(1) of this title,’’ for ‘‘Not later than 60 days after
the date of the promulgation of a rule under section
2603(a), 2604(a)(2), 2604(b)(4), 2605(a), 2605(e), or 2607 of
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2619
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 2619. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1934
TITLE 15—COMMERCE AND TRADE
§ 2686
(D) the need for careful, quality, abatement
and management actions;
(E) the need for universal screening of chil-
dren;
(F) other components of a lead poisoning
prevention program;
(G) the health consequences of lead exposure
resulting from lead-based paint hazards;
(H) risk assessment and inspection methods
for lead-based paint hazards; and
(I) measures to reduce the risk of lead expo-
sure from lead-based paint.
(2) The activities described in paragraph (1)
shall be designed to provide educational services
and information to—
(A) health professionals;
(B) the general public, with emphasis on par-
ents of young children;
(C) homeowners, landlords, and tenants;
(D) consumers of home improvement prod-
ucts;
(E) the residential real estate industry; and
(F) the home renovation industry.
(3) In implementing the activities described in
paragraph (1), the Administrator shall assure co-
ordination with the President’s Commission on
Environmental Quality’s education and aware-
ness campaign on lead poisoning.
(4) The Administrator, in consultation with
the Chairman of the Consumer Product Safety
Commission, shall develop information to be dis-
tributed by retailers of home improvement prod-
ucts to provide consumers with practical infor-
mation related to the hazards of renovation and
remodeling where lead-based paint may be
present.
(e) Technical assistance
(1) Clearinghouse
Not later than 6 months after October 28,
1992, the Administrator shall establish, in con-
sultation with the Secretary of Housing and
Urban Development and the Director of the
Centers for Disease Control, a National Clear-
inghouse on Childhood Lead Poisoning (here-
inafter in this section referred to as ‘‘Clearing-
house’’). The
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2686
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 2686. This identifies an authority to review, not proof of applicability.