
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: 42USC4852]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 63A--RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION
 
             SUBCHAPTER I--LEAD-BASED PAINT HAZARD REDUCTION
 
Sec. 4852. Grants for lead-based paint hazard reduction 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 housing, 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 occupied by or made available to 
    families with incomes at or below 50 percent of the area median 
    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 abatement 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 assisted 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 affordability strategy under section 12705 of this 
title is eligible to apply for a grant under this section.

(c) Form of applications

    To receive a grant under this section, a State or unit of local 
government shall submit an application 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;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (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 allocated to each activity;
        (4) a description of the forms of financial assistance to owners 
    and occupants of housing that will be provided through grants under 
    this section; and
        (5) such assurances as the Secretary may require 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 activities proposed to be carried out and on the basis 
of selection criteria, which shall include--
        (1) the extent to which the proposed activities 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 determines appropriate 
    to ensure that grants made available under this section are used 
    effectively 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 reducing lead-based paint 
    hazards in units undergoing 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 families forced to 
    vacate housing while lead hazard reduction measures are being 
    conducted;
        (8) educate the public on the nature and causes of lead 
    poisoning and measures to reduce 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 hazard reduction activity has been conducted, to assure that 
    such activity does not cause excessive 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 described in this section 
through a variety of programs, including grants, loans, equity 
investments, 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 requirements 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 requirements of section 2682 of 
    title 15.

                            (2) Set-aside

        Of the total amount approved in appropriation Acts under 
    subsection (o) of this section, 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 activities that receive assistance 
under this section 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 designated 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 administrative 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 received 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 received;
        (2) states the number of risk assessments and the number of 
    inspections conducted in residential dwellings;
        (3) states the number of residential dwellings in which lead-
    based paint hazards have been reduced through interim controls;
        (4) states the number of residential dwellings 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 Funding 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 promulgation 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, decisionmaking, and action 
    pursuant to the National 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 
    assistance under the HOME Investment Partnership \2\ Act, 
    established under title II of the Cranston-Gonzalez National 
    Affordable Housing 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\ So in original. Probably should be ``Partnerships''.
---------------------------------------------------------------------------

                          (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 Housing and 
        Urban Development, and Independent 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, Sec. 1011, Oct. 28, 1992, 106 Stat. 3901; 
Pub. L. 103-233, title III, Sec. 305(a), Apr. 11, 1994, 108 Stat. 370; 
Pub. L. 104-134, title I, Sec. 101(e) [title II, Sec. 217], Apr. 26, 
1996, 110 Stat. 1321-257, 1321-290; renumbered title I, Pub. L. 104-140, 
Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

                       References in Text

    Section 12705(b)(16) of this title, referred to in subsecs. (c)(1) 
and (g)(1), probably means section 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, Sec. 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 enacted 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, referred to in 
subsec. (o)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 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, as 
amended. Title II of the Act, known as the HOME Investment Partnerships 
Act, is classified generally to subchapter II (Sec. 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 Appropriations 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 classification of this Act 
to the Code, see Tables.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-134, Sec. 101(e) [title II, 
Sec. 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, 
Sec. 101(e) [title II, Sec. 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).

                  Section Referred to in Other Sections

    This section is referred to in section 4854b of this title.
