U.S. Code » Title 42 » Chapter CHAPTER 63— LEAD-BASED PAINT POISONING PREVENTION › Subchapter SUBCHAPTER III— FEDERAL DEMONSTRATION AND RESEARCH PROGRAM: FEDERAL HOUSING ADMINISTRATION REQUIREMENTS

42 U.S.C. § 4821

Development of program; consultation; nature of program; safe level of lead; report to Congress

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(a) The Secretary of Housing and Urban Development, in consultation with the Secretary of Health and Human Services, shall develop and carry out a demonstration and research program to determine the nature and extent of the problem of lead based paint poisoning in the United States, particularly in urban areas, including the methods by which the lead based paint hazard can most effectively be removed from interior surfaces, porches, and exterior surfaces of residential housing to which children may be exposed.(b) The Chairman of the Consumer Product Safety Commission shall conduct appropriate research on multiple layers of dried paint film, containing the various lead compounds commonly used, in order to ascertain the safe level of lead in residential paint products. No later than December 31, 1974, the Chairman shall submit to Congress a full and complete report of his findings and recommendations as developed pursuant to such programs, together with a statement of any legislation which should be enacted or any changes in existing law which should be made in order to carry out such recommendations.(Pub. L. 91–695, title III, § 301, Jan. 13, 1971, 84 Stat. 2079; Pub. L. 93–151, § 3, Nov. 9, 1973, 87 Stat. 566; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesAmendments

1973—Subsec. (a). Pub. L. 93–151 incorporated existing first sentence in provisions designated as subsec. (a).

Subsec. (b). Pub. L. 93–151 required the Chairman of the Consumer Product Safety Commission to conduct research to ascertain the safe level of lead in provisions designated as subsec. (b), incorporated existing second sentence as the second sentence of the subsection, substituting requirement of submission of report by the Chairman no later than Dec. 31, 1974, for former similar requirement for submission of a report by the Secretary within one year after Jan. 13, 1971.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions
Cited in 33 cases, 1971–2017 · 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× “…under 28 U.S.C. § 1491 (a), but not under 15 U.S.C. §§ 2601 et seq., 41 U.S.C. §§ 601 et seq., 42 U.S.C. § 3545 , 42 U.S.C. §§ 4821 et seq., and 42 U.S.C. §§ 4851 et seq. See Compl. at 111; see also PL Opp. at 4. B. Pro Se Plaintiff Pleading Requirements. In the United…”
Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999). · cites it 2× “2078 (1971) (codified at 42 U.S.C. § 4821 et seq. ) As the legislative history to that law indicates, Congress discerned a lack of public awareness of the problems associated with lead paint.”
LB III v. Hous. Auth. of Louisville, 345 F. Supp. 2d 725 (W.D. Ky. 2004). · cites it 3× “§ 1983 for violations of the Lead-Based Paint Poisoning Prevention Act (“LPPPA”), 42 U.S.C. § 4821 , et seq., and the Residential Lead-Based Paint Hazard Reduction Act (“RLPHRA”), 42 U.”
Johnson v. City of Detroit, 319 F. Supp. 2d 756 (E.D. Mich. 2004). · cites it 2× “, 42 U.S.C. § 4821 et seq., and administrative regulations passed pursuant to those statutes.”
Dellita Johnson v. City of Detroit & City of Detroit Hous. Comm'n, 446 F.3d 614 (6th Cir. 2006). “42 U.S.C. § 4821 (a)-(b). Section 4822 further describes the requisite procedures to be implemented in light of § 4821(a)’s mandate: (a) General requirements (1) Elimination of hazards The Secretary of Housing and Urban Development (hereafter in this section referred to as the…”
Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm'n, 857 F.3d 388 (D.C. Cir. 2017). “” 42 U.S.C. § 4821 . As we recently explained: The Commission, in exercising its .”
Pierre v. United States, 741 F. Supp. 306 (D. Mass. 1990). · cites it 3× “The complaint asserts claims for breach of express and implied warranties, breach of statutory duties imposed by the Lead-Based Paint Poisoning Prevention Act (“LBPPPA”), 42 U.S.C. §§ 4821 et seq., the National Housing Act (“NHA”), 12 U.”
Felton, by Felton v. Spratley, 640 A.2d 1358 (Pa. Super. Ct. 1994). · cites it 2× “In addition, by 1970, the Federal government had enacted the Lead-Based Paint Poisoning Prevention Act ( 42 U.S.C. § 4821 et seq. ). At least part of the Act's purpose was to increase public awareness of the dangers of lead paint poisoning.”
Merrell v. Block, 809 F.2d 639 (9th Cir. 1987). “Merrell’s complaint alleged that the defendants had violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4821 , et seq., because they had conducted an annual herbicide spraying program near his home in the Siuslaw National Forest without adequately assessing and…”
CITY-WIDE COALITION, ETC. v. Philadelphia Hous. Auth., 356 F. Supp. 123 (E.D. Pa. 1973). · cites it 2× “Title 42 U.S.C. § 4821 mandated that HUD submit to the Congress, by January 13, 1972, a report from the Secretary of his findings and recommendations relative to the nature and extent of the problem of lead-based paint poisoning in the United States, particularly in urban areas,…”
Douglas Cnty. v. Babbitt, 48 F.3d 1495 (9th Cir. 1995). “' and Umpqua Valley Audubon Society (Headwaters), appeal the district court’s grant of summary judgment in favor- of Douglas County, Oregon (the County), in the County’s action alleging that the Secretary failed to comply with the National Environmental Policy Act of 1969…”
Simmons v. Charleston Hous. Auth., 881 F. Supp. 225 (S.D.W. Va 1995). “3 (the “USHA”), and under the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4821 , et seq. (the “LBPPPA”).”
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