42 U.S.C. § 4852b — National consultation on lead-based

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. Page 6241 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4852d Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 4852c. Guidelines for lead-based paint hazard evaluation and reduction activities Not later than 12 months after October 28, 1992, the Secretary, in consultation with the Ad- ministrator of the Environmental Protection Agency, the Secretary of Labor, and the Sec- retary 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 as- sessments, 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. (Pub. L. 102–550, title X, § 1017, Oct. 28, 1992, 106 Stat. 3909.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 4852d. Disclosure of information concerning lead upon transfer of residential property (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 pro- mulgate regulations under this section for the disclosure of lead-based paint hazards in tar- get housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any con- tract to purchase or lease the housing, the seller or lessor shall— (A) provide the purchaser or lessee with a lead hazard information pamphlet, as pre- scribed by the Administrator of the Environ- mental 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 les- see any lead hazard evaluation report avail- able 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 pur- chase and sale of any interest in target hous- ing 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 pe- riod 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 con- tract: ‘‘Every purchaser of any interest in residen- tial real property on which a residential dwell- ing 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 poi- soning in young children may produce perma- nent neurological damage, including learning disabilities, reduced intelligence quotient, be- havioral problems, and impaired memory. Lead poisoning also poses a particular risk to preg- nant women. The seller of any interest in resi- dential 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 as- sessment or inspection for possible lead-based paint hazards is recommended prior to pur- chase.’’. (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 re- quirements of this section. (5) Promulgation A suit may be brought against the Secretary of Housing and Urban Development and the Administrator of the Environmental Protec- tion Agency under section 20 of the Toxic Sub- stances 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 pro- mulgation. (b) Penalties for violations (1) Monetary penalty Any person who knowingly violates any pro- vision of this section shall be subject to civil money penalties in accordance with the provi- sions 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.