Collapse to view only § 4846. State laws superseded, and null and void
- § 4841. Definitions
- § 4842. Consultation by Secretary with other departments and agencies
- § 4843. Authorization of appropriations
- §§ 4844, 4845. Repealed.
- § 4846. State laws superseded, and null and void
§ 4841. Definitions
As used in this chapter—
(1) The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(2) The term “units of general local government” means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any combination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States.
(3)
(A) Except as provided in subparagraph (B), the term “lead-based paint” means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile span of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.
(B)
(i) The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enactment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and information and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health and Human Services (including those of the Centers for Disease Control and Prevention) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hundredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the six-month period beginning on the date of the Commission’s determination, paint containing by weight (calculated as lead metal) in the total nonvolatile span of the paint more than the level of lead determined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both.
(ii) Unless the definition of the term “lead-based paint” has been established by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on such date of enactment, paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile span of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.
(Pub. L. 91–695, title V, § 501,
§ 4842. Consultation by Secretary with other departments and agencies
In carrying out their respective authorities under this chapter, the Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall each cooperate with and seek the advice of the heads of any other departments or agencies regarding any programs under their respective responsibilities which are related to, or would be affected by, such authority.
(Pub. L. 91–695, title V, § 502, Jan. 13, 1971, 84 Stat. 2080; Pub. L. 94–317, title II, § 204(d), June 23, 1976, 90 Stat. 706; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 4843. Authorization of appropriations
(a) There are authorized to be appropriated to carry out this chapter $10,000,000 for the fiscal year 1976, $12,000,000 for the fiscal year 1977, and $14,000,000 for the fiscal year 1978.
(b) Any amounts appropriated under this section shall remain available until expended when so provided in appropriation Acts; and any amounts authorized for one fiscal year but not appropriated may be appropriated for the succeeding fiscal year.
(Pub. L. 91–695, title V, § 503, Jan. 13, 1971, 84 Stat. 2080; Pub. L. 93–151, § 7(a)–(d), Nov. 9, 1973, 87 Stat. 567; Pub. L. 94–317, title II, § 204(e), June 23, 1976, 90 Stat. 706.)
§§ 4844, 4845. Repealed. Pub. L. 95–626, title II, § 208(b), Nov. 10, 1978, 92 Stat. 3588
§ 4846. State laws superseded, and null and void
It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead span in paints or other similar surface-coating materials which differs from the provisions of this chapter or regulations issued pursuant to this chapter. Any law, regulation, or ordinance purporting to establish such different requirement, prohibition, or standard shall be null and void.
(Pub. L. 91–695, title V, § 504, formerly § 506, as added Pub. L. 93–151, § 7(e), Nov. 9, 1973, 87 Stat. 568; renumbered § 504, Pub. L. 95–626, title II, § 208(b), Nov. 10, 1978, 92 Stat. 3588.)