15 U.S.C. § 2688

Control of lead-based paint hazards at Federal facilities

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Each department, agency, and instrumentality of executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for certification, licensing, recordkeeping, or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief) respecting lead-based paint, lead-based paint activities, and lead-based paint hazards in the same manner, and to the same extent as any nongovernmental entity is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines regardless of whether such penalties or fines are punitive or coercive in nature, or whether imposed for isolated, intermittent or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this section include, but are not limited to, fees or charges assessed for certification and licensing, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local lead-based paint, lead-based paint activities, or lead-based paint hazard activities program. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law relating to lead-based paint, lead-based paint activities, or lead-based paint hazards with respect to any act or omission within the scope of his official duties.

Notes of Decisions

Cited in 3 cases, 1994–2005 · leading case: Ayres v. United States, 66 Fed. Cl. 551 (Fed. Cl. 2005).

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Ayres v. United States, 66 Fed. Cl. 551 (Fed. Cl. 2005). · cites it 5× “” 15 U.S.C. § 2688 . 8 Section *562 2688, however, does not mandate compensation by the federal government for a violation thereof.”

Cudjoe v. Dep't of Vets. Affairs, 426 F.3d 241 (3rd Cir. 2005). · cites it 18× “2 Specifically, he claims the waiver of sovereign immunity with respect to lead paint in 15 U.S.C. § 2688 exposes the United States not only to the Toxic Substances Control Act’s penalties, but also to the private cause of action for treble damages under the Residential…”

Angle Ex Rel. Angle v. United States, 931 F. Supp. 1386 (W.D. Mich. 1994). “Unlike the specific provisions of Air Force Manual 85-3, which does not appear to mandate any particular action with regard to then-existing lead-based paint, and 15 U.S.C. § 2688 , which became effective after the relevant time period involved in the instant case, A.”

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