
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4841]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 63--LEAD-BASED PAINT POISONING PREVENTION
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 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 content 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 content 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 content 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, Sec. 501, Jan. 13, 1971, 84 Stat. 2080; Pub. 
L. 93-151, Sec. 6, Nov. 9, 1973, 87 Stat. 567; Pub. L. 94-317, title II, 
Sec. 204(c), June 23, 1976, 90 Stat. 706; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-531, title III, 
Sec. 312(g), Oct. 27, 1992, 106 Stat. 3506.)

                       References in Text

    The National Health Promotion and Disease Prevention Act of 1976, 
referred to in par. (3)(B)(i), probably means Pub. L. 94-317, June 23, 
1976, 90 Stat. 695, as amended, which enacted sections 300u to 300u-5 of 
this title, amended sections 201, 243, 247b, 247c, 264, 300f, 4801, 
4831, and 4841 to 4843 of this title, and enacted provisions set out as 
notes under sections 201, 247b, and 247c of this title. For complete 
classification of this Act to the Code, see Tables.
    Such date of enactment, referred to in par. (3)(B)(ii), probably 
means the date of approval of Pub. L. 94-317, which was June 23, 1976.


                               Amendments

    1992--Par. (3)(B)(i). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Center for Disease Control''.
    1976--Par. (3). Pub. L. 94-317 substituted provisions redefining 
standards for lead in paint and procedures used to determine such 
standards, for provisions defining standards of lead-based paint to be 
paint containing more than five-tenths of 1 per centum of lead by weight 
prior to Dec. 31, 1974, and after such date, paint containing more than 
six one-hundredths of 1 per centum of lead by weight, except where the 
Chairman of the Consumer Product Safety Commission determined that the 
pre-1974 level was safe, then such level to become effective.
    1973--Par. (3). Pub. L. 93-151 amended par. (3). Prior to amendment, 
par. (3) defined ``lead-based paint'' to mean any paint containing more 
than 1 per centum lead by weight (calculated as lead metal) in the total 
non-volatile content of liquid paints or in the dried film of paint 
already applied.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in par. (3)(B)(i) 
pursuant to section 509(b) of Pub. L. 96-88, which is classified to 
section 3508(b) of Title 20, Education.
