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42 U.S.C. § 4852a — Task force on lead-based paint hazard

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4852a — Task force on lead-based paint hazard

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 Depa

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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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4852a — Purposes

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.

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