extension and revision of lead-based paint poisoning prevention act

extension and revision of lead-based paint poisoning prevention act Sec. 204. (a) (1) Section 101(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801(c)) is amended by inserting after and below paragraph (4) the following: “Follow-up programs described in paragraph (3) shall include programs to eliminate lead-based paint hazards from surfaces in and around residential dwelling units or houses, including programs to provide for such purpose financial assistance to the owners of such units or houses who are financially unable to eliminate such hazards from their units or houses. In administering programs for the elimination of such hazards, priority shall be given to the elimination of such hazards in residential dwelling units or houses in which reside children with diagnosed lead-based paint poisoning.”. (2) (A) Section 101(c) of such Act Is amended by striking out “should include” and inserting in lieu thereof “shall include”. (B) Section 101(f) of such Act is amended by (i) striking out “and (B)” and inserting in lieu thereof “(B)”, and (ii) by inserting before the period at the end the following “, and (C) the services to be provided will be provided under local programs which meet the requirements of subsections (c) and (d) of this section”. (b) Section 401 of such Act (42 U.S.C. 4831 ) is amended to read as follows: “prohibition against use of lead-based faint in construction of facilities and the manufacture of certain toys and utensils “Sec. 401. (a) The Secretary of Health. Education, and Welfare shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act. “(b) The Secretary of Housing and Urban Development shall take 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 by the Federal Government, or with Federal assistance in any form after the date of enactment of this Act. “(c) The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article,”. 90 STAT. 706 (c) (1) Section 501(3) of such Act (42 U.S.C. 4841(3)) is amended to read as follows: “(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, Education, and Welfare (including those of the Center for Disease Control) 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 pa hit 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 us 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.”. (2) Section 501 of such Act is amended (1) by striking out “the term” in paragraphs (1) and (2) and inserting in lieu thereof “The term”, (2) by striking out the semicolon at the end of paragraph (1) and inserting in lieu thereof a period, and (3) by striking out “; and” at the end of paragraph (2) and inserting in lieu thereof a period. (d) Section 502 of such Act (42 U.S.C. 4842) is amended by striking out “In carrying out the authority under this Act, the Secretary of Health, Education, and Welfare shall” and inserting in lieu thereof “In carrying out their respective authorities under this Act, the Secretary of Housing and Urban Development and the Secretary of Health, Education, and Welfare shall each”, (e) (1) Section 503 of such Act (42 U.S.C. 4843) is amended by striking out subsections (a), (b), and (c) and inserting in lieu thereof the following: “(a) There are authorized to be appropriated to carry out this Act $10,000,000 for the fiscal year 1976, $12,000,000 for the fiscal year 1977, and $14,000,000 for the fiscal year 1978.”. (2) Subsection (d) of such section is redesignated as subsection (b).