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92D CONGRESS

2D SESSION

S. 3080

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1972 Mr. KENNEDY (for himself, Mr. Bayii, Mr. BROOKE, Mr. Case, Mr. CRANSTON,

Mr. EAGLETON, Mr. Harris, Mr. HART, Mr. Hugues, Mr. HUMPHREY, Mr. INOUYE, Mr. Javits, Mr. McGee, Mr. McGovern, Mr. MAGNUSON, MI MONDALE, Mr. Muskif, Mr. NELSON, Mr. PASTORE, Mr. PELL, Mr. PERCY, Mr. RANDOLPII, Mr. RIBICOFF, Mr. SCHWEIKER, Mr. Scott, Mr. STAFFORD, Mr. STEVENSON, Mr. TUNNEY, and Mr. WILLIAMS) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare

A BILL To amend the Lead Based Paint Poisoning Prevention Act, and

for other purposes.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That section 101 of the Lead Based Paint Poisoning Preven4 tion Act is amended by adding at the end thereof the follow5 ing new subsection: 6 “(e) The Secretary is also authorized to make grants to 7 State agencies for the purpose of establishing centralized lab

8

oratory facilities for analyzing biological and environmental

II

4

2

1 lead specimens obtained from local lead based paint poisoning

2 detection programs.

3 SEC. 2. Section 501 (3) of the Lead Based Paint Poi4 soning Prevention Act is amended by striking out “1 per 5 centum lead by weight” and inserting in lieu thereof "0.06 6

per centum lead by weight". 7 SEC. 3. (a) Section 503 (a) of the Lead Based Paint 8 Poisoning Prevention Act is amended (1) by striking out 9 the word "and" and inserting in lieu thereof a comma, and 10 (2) by inserting before the period a comma and the fol11 lowing: "and $20,000,000 for each fiscal year thereafter”. 12

(b) Section 503 (b) of such Act is amended (1) by 13 striking out the word "and" and inserting in lieu thereof a 14 comma, and (2) by inserting before the period a comma

, 15 and the following: “and $25,000,000 for each fiscal year

16 thereafter”.

17

(c) Section 503 (c) of such Act is amended (1) by 18 striking out the word "and” and by inserting in lieu thereof 19

a comma, and (2) by inserting before the period a comma

20 and the following: “and $5,000,000 for each fiscal year

21 thereafter".

22

(d) Section 503 (d) of such Act is amended by strik

23 ing out all matter after the semicolon and inserting in lieu 24 thereof "any amounts authorized for one fiscal year but not

25

appropriated may be appropriated for the succeeding fiscal

26

year,”.

Public Law 91-695
91st Congress, H. R. 19172
January 13, 1971

An Act

84 STAT, 2078

To provide Federal financial assistance to help cities and communities to develop

and carry out intensive local programs to eliminate the causes of lead-based paint poisoning and local programs to detect and treat incidents of such poisoning, to establish a Federal demonstration and research program to study the extent of the lead-based paint poisoning problem and the methods available for lead-based paint removal, and to prohibit future use of lead-based paint in Federal or federally assisted construction or rehabilitation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may

be cited as the “Lead-Based Paint Poisoning Prevention Act”.

Lead-Based
Paint Poisoning
Prevention Aot.

TITLE I–GRANTS FOR THE DETECTION AND TREAT

MENT OF LEAD-BASED PAINT POISONING

GRANTS FOR LOCAL DETECTION AND TREATMENT OF LEAD-BASED PAINT

POISONING

Sec. 101. (a) The Secretary of Health, Education, and Welfare (hereafter referred to in this title as the “Secretary') is authorized to make grants to units of general local government in any State for the purpose of assisting such units in developing and carrying out local programs to detect and treat incidents of lead-based paint poisoning.

(b) The amount of any such grant shall not exceed 75 per centum Limitation, of the cost of developing and carrying out a local program, as approved by the Secretary, during a period of three years. (c) A local program should include

(1) educational programs intended to communicate the health danger and prevalence of lead-based paint poisoning among children of inner city areas, to parents, educators, and local health officials;

(2) development and carrying out of intensive community testing, programs designed to detect incidents of lead-based paint poisoning among community residents, and to insure prompt medical treatment for such afflicted individuals;.

(3) development and carrying out of intensive followup programs to insure that identified cases of lead-based paint poisoning are protected against further exposure to lead-based paints in their living environment; and

(4) any other actions which will reduce or eliminate lead-based paint poisoning. (d) Each local program shall afford opportunities for employing Employment the residents of communities or neighborhoods affected by lead-based opportunities, paint poisoning, and for providing appropriate training, education, and any information which may be necessary to inform such residents of opportunities for employment in lead-based paint poisoning elimination programs.

TITLE II–GRANTS FOR THE ELIMINATION OF

LEAD-BASED PAINT POISONING

Sec. 201. The Secretary of Health, Education, and Welfare is authorized to make grants to units of general local government in any State for the purpose of assisting such units in developing and carrying out programs that identify those areas that present a high risk to the health of residents because of the presence of lead-based

O

O

84 STAT, 2079

Pub. Law 91-695

. 2.

January 13, 1971
paints on interior surfaces, and then to develop and carry out pro-
grams to eliminate the hazards of lead-based paint poisoning.
(a) A local program should include:

(1) development and carrying out of comprehensive testing
programs to detect the presence of lead-based paints on surfaces
of residential housing;

(2) the development and carrying out of a comprehensive pro-
gram requiring the prompt elimination of lead-based paints from
all interior surfaces, porches, and exterior surfaces to which chil-
dren may be commonly exposed, of residential housing on which
lead-based paints have been used as a surface covering, including
those surfaces on which non-lead-based paints have been used to
cover surfaces to which lead-based paints were previously applied;
and

(3) any other actions which will reduce or eliminate lead-based
paint poisoning
(b) Each such program shall-

(1) be consistent with the appropriate local program assisted
under section 101, and

(2) afford, to the maximum extent feasible, opportunities for
employing the residents of communities or neighborhoods affected
by lead-based paint poisoning, and for providing appropriate
training, education, and any information which may be necessary
to inform such residents of opportunities for employment in lead-
based paint elimination programs.
TITLE III—FEDERAL DEMONSTRATION AND

RESEARCH PROGRAM

Employment opportunities.

FEDERAL DEMONSTRATION AND RESEARCH PROGRAM

Report to
Congress.

Sec. 301. The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare, 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, and the methods by which lead-based paint can most effectively be removed from interior surfaces, porches, and exterior surfaces to which children may be commonly exposed, of residential housing. Within one year after the date of the enactment of this Act the Secretary shall submit to the Congress a full and complete report of his findings and recommendations as developed pursuant to such program, together with a statement of any legislation which should be enacted, and any changes in existing law which should be made, in order to carry out such recommendations.

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TITLE IV-PROHIBITION AGAINST FUTURE USE

OF LEAD-BASED PAINT

PROHIBITION AGAINST USE OF LEAD-BASED PAINT IN FUTURE

CONSTRUCTION AND REHABILITATION

Sec. 401. The Secretary of Health, Education, and Welfare shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated after the date of enactment of this Act by the Federal government, or with Federal assistance in any form.

January 13, 1971 - 3

Pub. Law 91-695

84 STAT. 2080 TITLE V-GENERAL

DEFINITIONS

Sec. 501. As used in this Act

(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; and

(3) the term "lead-based paint” means 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.

CONSULTATION WITH OTHER DEPARTMENTS AND AGENCIES

Sec. 502. In carrying out the authority under this Act, the Secretary of Health, Education, and Welfare shall 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.

APPROPRIATIONS

Sec. 503. (a) There is hereby authorized to be appropriated to carry out the provisions of title I of this Act not to exceed $3,330,000 for the fiscal year 1971 and $6,660,000 for the fiscal year 1972.

(b) There is hereby authorized to be appropriated to carry out the provisions of title II of this Act not to exceed $5,000,000 for the fiscal year 1971 and $10,000,000 for the fiscal year 1972.

(c) .There is hereby authorized to be appropriated to carry out the provisions of title III of this Act not to exceed $1,670,000 for the fiscal year 1971 and $3,340,000 for the fiscal year 1972.

(d) Any amounts appropriated under this section shall remain available until expended when so provided in appropriation Acts; and any amounts authorized for the fiscal year 1971 but not appropriated may be appropriated for the fiscal year 1972.

Approved January 13, 1971.

LEGISLATIVE HISTORY:

.

HOUSE REPORTS: No. 91-1463 (Comm. on Banking and Currenoy) and No. 91-1802

(Comm. of Conference).
SENATE REPORT No. 91-1432 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD, Vol. 116 (1970):

Oot. 5, considered and passed House.
Deo. 17, considered and passed Senate, amended.
Deo, 29, House disagreed to Senate amendment.
Deo. 30, Senate agreed to conferenoe report.
Deo. 31, House agreed to conferenoc report.

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