42 U.S.C. § 4852 — Grants for lead-based paint hazard reduc-

Page 6238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4852 1 See References in Text note below. 1992, 106 Stat. 3897, known as the Residential Lead- Based Paint Hazard Reduction Act of 1992. For com- plete classification of this Act to the Code, see Short Title note set out under section 4851 of this title and Tables. 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 Amend- ment note under section 1701 of Title 12, Banks and Banking. AMENDMENTS 2017—Par. (27). Pub. L. 115–31, § 237(b)(1), which di- rected insertion of ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’, was executed by making the insertion after ‘‘disabilities’’ the first place appearing to reflect the probable intent of Congress. Pub. L. 115–31, § 237(b)(2), which directed substitution of ‘‘housing)’’ for ‘‘housing for the elderly or persons with disabilities) or any 0 bedroom dwelling’’, was exe- cuted by making the substitution for ‘‘housing for the elderly or persons with disabilities) or any 0-bedroom dwelling’’ to reflect the probable intent of Congress. SUBCHAPTER I—LEAD-BASED PAINT HAZARD REDUCTION § 4852. Grants for lead-based paint hazard reduc- tion in target housing (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 hous- ing, 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 occu- pied by or made available to families with in- comes at or below 50 percent of the area me- dian 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 abate- ment 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 as- sisted 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 afford- ability strategy under section 12705 of this title is eligible to apply for a grant under this sec- tion. (c) Form of applications To receive a grant under this section, a State or unit of local government shall submit an ap- plication 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 al- located to each activity; (4) a description of the forms of financial as- sistance to owners and occupants of housing that will be provided through grants under this section; and (5) such assurances as the Secretary may re- quire 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 activi- ties proposed to be carried out and on the basis of selection criteria, which shall include— (1) the extent to which the proposed activi- ties 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 deter- mines appropriate to ensure that grants made available under this section are used effec- tively 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 reduc- ing lead-based paint hazards in units under- going 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 fam- ilies forced to vacate housing while lead haz- ard reduction measures are being conducted; Page 6239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4852 2 So in original. Probably should be ‘‘Partnerships’’. (8) educate the public on the nature and causes of lead poisoning and measures to re- duce 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 haz- ard reduction activity has been conducted, to assure that such activity does not cause exces- sive 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 de- scribed in this section through a variety of pro- grams, including grants, loans, equity invest- ments, 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 require- ments 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 require- ments of section 2682 of title 15. (2) Set-aside Of the total amount approved in appropria- tion Acts under subsection (o), 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 ac- tivities that receive assistance under this sec- tion 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 des- ignated 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 adminis- trative 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 re- ceived 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 re- ceived; (2) states the number of risk assessments and the number of inspections conducted in residential dwellings; (3) states the number of residential dwell- ings in which lead-based paint hazards have been reduced through interim controls; (4) states the number of residential dwell- ings 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 Fund- ing 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 promulga- tion 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, deci- sionmaking, and action pursuant to the Na- tional 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 assist- ance under the HOME Investment Partner- ship 2 Act, established under title II of the Cranston-Gonzalez National Affordable Hous- ing 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 Hous- ing and Urban Development, and Inde- pendent 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. (Pub. L. 102–550, title X, § 1011, Oct. 28, 1992, 106 Stat. 3901; Pub. L. 103–233, title III, § 305(a), Apr. 11, 1994, 108 Stat. 370; Pub. L. 104–134, title I, § 101(e) [title II, § 217], Apr. 26, 1996, 110 Stat. 1321–257, 1321–290; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes REFERENCES IN TEXT Section 12705(b)(16) of this title, referred to in sub- secs. (c)(1) and (g)(1), probably means section Page 6240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4852a 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, § 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 en- acted 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, re- ferred to in subsec. (o)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 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. Title II of the Act, known as the HOME Investment Partnerships Act, is classified prin- cipally to subchapter II (§ 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 Ap- propriations 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 classi- fication of this Act to the Code, see Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–134, § 101(e) [title II, § 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, § 101(e) [title II, § 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). § 4852a. Task force on lead-based paint hazard reduction and financing (a) In general The Secretary, in consultation with the Ad- ministrator of the Environmental Protection Agency, shall establish a task force to make rec- ommendations on expanding resources and ef- forts to evaluate and reduce lead-based paint hazards in private housing. (b) Membership The task force shall include individuals rep- resenting the Department of Housing and Urban Development, the Farmers Home Administra- tion, the Department of Veterans Affairs, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the En- vironmental Protection Agency, employee orga- nizations in the building and construction trades industry, landlords, tenants, primary lending institutions, private mortgage insurers, single-family and multifamily real estate inter- ests, nonprofit housing developers, property li- ability insurers, public housing agencies, low-in- come housing advocacy organizations, national, State and local lead-poisoning prevention advo- cates and experts, and community-based organi- zations 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 under- writing standards; (2) developing new loan products and proce- dures for financing lead-based paint hazard evaluation and reduction activities; (3) adjusting appraisal guidelines to address lead safety; (4) incorporating risk assessments or inspec- tions for lead-based paint as a routine proce- dure in the origination of new residential mortgages; (5) revising guidelines, regulations, and edu- cational 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 li- ability 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 in- surance for owners of rental housing and cer- tified contractors and establishing alternative systems to compensate victims of lead-based paint poisoning; and (8) evaluating the utility and appropriate- ness of requiring risk assessments or inspec- tions and notification to prospective lessees of rental housing. (d) Compensation The members of the task force shall not re- ceive Federal compensation for their participa- tion. (Pub. L. 102–550, title X, § 1015, Oct. 28, 1992, 106 Stat. 3908.) § 4852b. National consultation on lead-based paint hazard reduction In carrying out this chapter, the Secretary shall consult on an ongoing basis with the Ad- ministrator 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 es- tablished pursuant to section 4852a of this title. (Pub. L. 102–550, title X, § 1016, Oct. 28, 1992, 106 Stat. 3909.) Editorial Notes 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 com- plete classification of this Act to the Code, see Short Title note set out under section 4851 of this title and Tables.