such public agency of a unit of local government or private nonprofit organization under this chapter. (As amended Pub. L. 93-151, § 2, Nov. 9, 1973, 87 Stat. 565.)

AMENDMENTS

1973-Pub. L. 93-151, § 2(a), substituted in introductory text "public agencies of units of general local government in any State and to private nonprofit organizations in any State" for "units of general local government in any State".

Subsec. (a)(2). Pub. L. 93-151, § 2(b), incorporated existing provisions in rearranging the text, substituted provisions respecting development of procedures for provisions for development of comprehensive program, and provided for such development in areas of high risk to the

residents' health.

Subsec. (c). Pub. L. 93-151, § 2 (c), added subsec. (c). SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4844 of this title.

SUBCHAPTER III.-FEDERAL DEMONSTRATION AND RESEARCH PROGRAM: FEDERAL HOUSING ADMINISTRATION RE

QUIREMENTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 4843 of this title.

§ 4821. Development of program; consultation; nature of program; safe level of lead; report to Congress. (a) 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, 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. (As amended Pub. L. 93-151, § 3, Nov. 9, 1973, 87 Stat. 566.)

AMENDMENTS

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4841 of this title.

§ 4822. Federal Housing Administration procedure requirements for elimination of hazards; housing coverage: existing housing; housing constructed before 1950; housing constructed during or after 1950, discretion of Secretary; federally owned property for residential habitation; other implementing procedures.

The Secretary of Housing and Urban Development (hereafter in this section referred to as the "Secretary") shall establish procedures to eliminate as far as practicable the hazards of lead based paint poisoning with respect to any existing housing which may present such hazards and which is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary. Such procedures shall apply to all such housing constructed prior to 1950 and shall as a minimum provide for (1) appropriate measures to eliminate as far as practicable immediate hazards due to the presence of paint which may contain lead and to which children may be exposed, and (2) assured notification to purchasers and tenants of such housing of the hazards of lead based paint, of the symptoms and treatment of lead based paint poisoning, and of the importance and availability of maintenance and removal techniques for eliminating such hazards. Such procedures may apply to housing constructed during or after 1950 if the Secretary determines, in his discretion, that such housing presents hazards of lead based paint. The Secretary may establish such other procedures as may be appropriate to carry out the purpoess of this section. Further, the Secretary shall establish and implement procedures to eliminate the hazards of lead based paint poisoning in all federally owned properties prior to the sale of such properties when their use is intended for residential habitation. (Pub. L. 91-695, title III, § 302, as added Pub. L. 93-151, § 4(a) (1), Nov. 9, 1973, 87 Stat. 566.)

§ 4831. Use of lead based paint in residential structures constructed or rehabilitated by Federal government or with Federal assistance and on certain manufactured toys and utensils; consultation. The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall take such steps and impose such conditions as may be necessary or appropriate

(1) 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, and

(2) to prohibit the application of lead based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act.

(As amended Pub. L. 93-151, § 5, Nov. 9, 1973, 87 Stat. 566.)

REFERENCE IN TEXT

For determination of date of enactment of this Act, referred to in cls. (1) and (2), the original enactment of this chapter by Pub. L. 91-695 was on Jan. 13, 1971, and amendment of this chapter by Pub. L .93-151 was on Nov. 9, 1973.

AMENDMENTS

1973-Pub. L. 93-151 provided for consultation of the Secretaries, incorporated existing text in provisions designated as cl. (1) and added cl. (2).

SUBCHAPTER V.-GENERAL PROVISIONS

§ 4841. Definitions.

As used in this chapter

*

(3) the term "lead based paint" means

(A) prior to December 31, 1974, any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied;

(B) after December 31, 1974, any paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied, except that if prior to December 31, 1974, the Chairman of the Consumer Product Safety Commission, based on studies conducted in accordance with section 4821(b) of this title determines that another level of lead, not to exceed five-tenths of 1 per centum, is safe, then such other level shall be effective after December 31, 1974.

(As amended Pub. L. 93-151, § 6, Nov. 9, 1973, 87 Stat. 567.)

AMENDMENTS

1973-Subd. (3). Pub. L. 93-151 added subd. (3). Former subd. (3) defined "lead-based paint" to mean 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.

§ 4843. Authorization of appropriations.

(a) There is hereby authorized to be appropriated to carry out the provisions of subchapter I of this chapter not to exceed $3,330,000 for the fiscal year 1971, $6,660,000 for the fiscal year 1972, and $25,000,000 for each of the fiscal years 1974 and 1975.

(b) There is hereby authorized to be appropriated to carry out the provisions of subchapter II of this chapter not to exceed $5,000,000 for the fiscal year 1971, $10,000,000 for the fiscal year 1972, and $35,000,000 for each of the fiscal years 1974 and 1975.

(c) There is hereby authorized to be appropriated to carry out the provisions of subchapter III of this chapter not to exceed $1,670,000 for the fiscal year 1971, $3,340,000 for the fiscal year 1972, and $3,000,000 for each of the fiscal years 1974 and 1975.

(d) Any amounts appropriated under this section shall remain available until expended when so provided in appropriation Acts; and any amounts authorized for one fiscal year but not appropriated may be appropriated for the succeeding fiscal year. (As amended Pub. L. 93-151, § 7 (a)-(d), Nov. 9, 1973, 87 Stat. 567.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93–151, § 7(a), provided for appropriations authorization of $25,000,000 for fiscal years 1974 and 1975 for carrying out subchapter I provisions. Subsec. (b). Pub. L. 93–151, § 7(b), provided for appropriations authorization of $35,000,000 for fiscal years 1974 and 1975 for carrying out subchapter II provisions.

Subsec. (c). Pub. L. 93-151, § 7(c), provided for appropriations authorization of $3,000,000 for fiscal years 1974 and 1975 for carrying out subchapter III provisions.

Subsec. (d). Pub. L. 93-151, § 7(d), substituted "amounts authorized for one fiscal year but not appropriated may be appropriated for the succeeding fiscal year" for "amounts authorized for the fiscal year 1971 but not appropriated may be appropriated for the fiscal year 1972".

§ 4844. Eligibility of certain State agencies.

Notwithstanding any other provision of this chapter, grants authorized under sections 4801 and 4811 of this title may be made to an agency of State government in any case where State government provides direct services to citizens in local communities or where units of general local government within the State are prevented by State law from implementing or receiving such grants or from expending such grants in accordance with their intended purpose. (Pub. L. 91-695, title V, § 504, as added Pub. L. 93-151, § 7(e), Nov. 9, 1973, 87 Stat. 567.)

§ 4845. National Childhood Lead Based Paint Poisoning Advisory Board.

(a) Establishment; functions; residential representation; compensation; reimbursement of expenses. The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, is authorized to establish a National Childhood Lead Based Paint Poisoning Advisory Board to advise the Secretary on policy relating to the administration of this chapter. Members of the Board shall include residents of communities and neighborhoods affected by lead based paint poisoning. Each member of the National Advisory Board who is not an officer of the Federal Government is authorized to receive an amount equal to the minimum daily rate prescribed for GS-18, under section 5332 of Title 5, for each day he is engaged in the actual performance of his duties (including traveltime) as a member of the Board. All members shall be reimbursed for travel, subsistence, and necessary expenses incurred in the performance of their duties. (b) Advisory boards for local programs; establishment; residential representation; parental majority; reimbursement of expenses.

The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall promulgate regulations for establishment of an advisory board for each local program assisted under this chapter to assist in carrying out this program. Two-thirds of the board shall be residents of communities and neighborhoods affected by lead based paint poisoning. A majority of the board shall be appointed from among parents, who, when appointed, have at least one child under six years of age. Each member of a local advisory board shall only be reimbursed for necessary expenses incurred in the actual performance of his duties as a member of the board. (Pub. L. 91– 695, title V, § 505, as added Pub. L. 93-151, § 7(e), Nov. 9, 1973, 87 Stat. 568.)

§ 4846. State laws superseded, and null and void.

It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead content in paints or other similar surface-coating materials which differs from the provisions of this chapter or regulations issued pursuant to this chapter. Any law, regulations, or ordinance purporting to establish such different requirement, prohibition, or standard shall be null and void. (Pub. L. 91-695, title V, § 506, as added Pub. L. 93-151, § 1(e), Nov. 9, 1973, 87 Stat. 568.)

Chapter 64.-PUBLIC SERVICE EMPLOYMENT PROGRAMS [NEW]

§§ 4871 to 4883. Omitted.

CODIFICATION

The public service employment programs covered by this chapter and authorized pursuant to the Emergency Employment Act of 1971, Pub. L. 92-54, July 12, 1971, 85 Stat. 146, which enacted this chapter, are now covered by the Comprehensive Employment and Training Act of 1973, Pub. L. 93-203, title II, §§ 201-211, Dec. 28, 1973, 87 Stat. 850-857, which is classified to section 841 et seq. of Title 29, Labor. The former and new sections are comparable according to the following table:

Federal programs.

4904.

4905.

4906.

Congressional findings and statement of policy. Definitions.

(a) Furtherance of Congressional policy. (b) Presidential authority to exempt activities or facilities from compliance requirements.

(c) Coordination of programs of Federal agencies; standards and regulations; status reports.

Identification of major noise sources.

(a) Development and publication of criteria. (b) Compilation and publication of reports on noise sources and control technology. (c) Supplemental criteria and reports. (d) Publication in Federal Register. Noise emission standards for products distributed in commerce.

(a) Proposed regulations.

(b) Authority to publish regulations not otherwise required.

(c) Contents of regulations; appropriate consideration of other standards; participation by interested persons; revision.

(d) Warranty by manufacturer of conformity of product with regulations; transfer of cost obligation from manufacturer to dealer prohibited.

(e) State and local regulations. Aircraft noise standards.

4916.

4917.

4918.

(d) Subpenas.

Railroad noise emission standards.

(a) Regulations; standards; consultation with Secretary of Transportation.

(b) Regulations to insure compliance with noise emission standards.

(c) State and local standards and controls. (d) Definitions.

Motor carrier noise emission standards.

(a) Regulations; standards; consultation with Secretary of Transportation.

(b) Regulations to insure compliance with noise emission standards.

(c) State and local standards and controls. (d) Definitions.

Authorization of appropriations.

§ 4901. Congressional findings and statement of policy. (a) The Congress finds

(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation's population, particularly in urban areas; (2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United States to promote an environment for all

Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products. (Pub. L. 92-574, § 2, Oct. 27, 1972, 86 Stat. 1234.)

SHORT TITLE

Section 1 of Pub. L. 92-574 provided that: "This Act [which enacted this chapter, amended section 1431 of Title 49, and enacted provisions set out as notes under this section and section 1431 of Title 49] may be cited as the 'Noise Control Act of 1972'."

PREVENTION, CONTROL, and AbatemENT OF ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES

Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, set out as a note under section 4331 of this title, provides for the prevention, control, and abatement of environmental pollution at federal facilities.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4903 of this title.

§ 4902. Definitions.

For purposes of this chapter:

(1) The term "Administrator" means the Administrator of the Environmental Protection Agency.

(2) The term "person" means an individual, corporation, partnership, or association, and (except as provided in sections 4910 (e) and 4911(a) of this title) includes any officer, employee, department, agency, or instrumentality of the United States, a State, or any political subdivision of a State.

(3) The term "product" means any manufactured article or goods or component thereof; except that such term does not include

(A) any aircraft, aircraft engine, propeller, or appliance, as such terms are defined in section 1301 of Title 49; or

(B) (i) any military weapons or equipment which are designed for combat use; (ii) any rockets or equipment which are designed for research, experimental, or developmental work to be performed by the National Aeronautics and Space Administration; or (iii) to the extent provided by regulations of the Administrator, any other machinery or equipment designed for use in experimental work done by or for the Federal Government.

(4) The term "ultimate purchaser" means the first person who in good faith purchases a product for purposes other than resale.

(5) The term "new product" means (A) a product the equitable or legal title of which has never been transferred to an ultimate purchaser, or (B) a product which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 4905 or 4907 of this title which would have been applicable to such product had it been manufactured in the United States.

(6) The term "manufacturer" means any person engaged in the manufacturing or assembling of

new products, or the importing of new products for resale, or who acts for, and is controlled by, any such person in connection with the distribution of such products.

(7) The term "commerce" means trade, traffic, commerce, or transportation

(A) between a place in a State and any place outside thereof, or

(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (8) The term "distribute in commerce" means sell in, offer for sale in, or introduce or deliver for introduction into, commerce.

(9) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.

(10) The term "Federal agency" means an executive agency (as defined in section 105 of Title 5) and includes the United States Postal Service.

(11) The term "environmental noise" means the intensity, duration, and the character of sounds from all sources.

(Pub. L. 92-574, § 3, Oct. 27, 1972, 86 Stat. 1234.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4903 of this title.

§ 4903. Federal programs.

(a) Furtherance of Congressional policy.

The Congress authorizes and directs that Federal agencies shall, to the fullest extent consistent with their authority under Federal laws administered by them, carry out the programs within their control in such a manner as to further the policy declared in section 4901 (b) of this title.

(b) Presidential authority to exempt activities or facilities from compliance requirements. Each department, agency, or instrumentality of the 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 the emission of noise, shall comply with Federal, State, interstate, and local requirements respecting control and abatement of environmental noise to the same extent that any person is subject to such requirements. The President may exempt any single activity or facility, including noise emission sources or classes thereof, of any department, agency, or instrumentality in the executive branch from compliance with any such requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption, other than for those products referred to in section 4902 (3) (b) of this title, may be granted from the requirements of sections 4905, 4916, and 4917 of this title. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President's making a new de

termination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting such exemption.

(c) Coordination of programs of Federal agencies; standards and regulations; status reports.

(1) The Administrator shall coordinate the programs of all Federal agencies relating to noise research and noise control. Each Federal agency shall, upon request, furnish to the Administrator such information as he may reasonably require to determine the nature, scope, and results of the noiseresearch and noise-control programs of the agency.

(2) Each Federal agency shall consult with the Administrator in prescribing standards or regulations respecting noise. If at any time the Administrator has reason to believe that a standard or regulation, or any proposed standard or regulation, of any Federal agency respecting noise does not protect the public health and welfare to the extent he believes to be required and feasible, he may request such agency to review and report to him on the advisability of revising such standard or regulation to provide such protection. Any such request may be published in the Federal Register and shall be accompanied by a detailed statement of the information on which it is based. Such agency shall complete the requested review and report to the Administrator within such time as the Administrator specifies in the request, but such time specified may not be less than ninety days from the date the request was made. The report shall be published in the Federal Register and shall be accompanied by a detailed statement of the findings and conclusions of the agency respecting the revision of its standard or regulation. With respect to the Federal Aviation Administration, section 1431 of Title 49 shall apply in lieu of this paragraph.

(3) On the basis of regular consultation with appropriate Federal agencies, the Administrator shall compile and publish, from time to time, a report on the status and progress of Federal activities relating to noise research and noise control. This report shall describe the noise-control programs of each Federal agency and assess the contributions of those programs to the Federal Government's overall efforts to control noise. (Pub. L. 92-574, § 4, Oct. 27, 1972, 86 Stat. 1235.)

§ 4904. Identification of major noise sources. (a) Development and publication of criteria.

(1) The Administrator shall, after consultation with appropriate Federal agencies and within nine months of October 27, 1972, develop and publish criteria with respect to noise. Such criteria shall reflect the scientific knowledge most useful in indicating the kind and extent of all identifiable effects on the public health or welfare which may be expected from differing quantities and qualities of noise.

(2) The Administrator shall, after consultation with appropriate Federal agencies and within twelve months of October 27, 1972, publish information on the levels of environmental noise the attainment and maintenance of which in defined areas under various,

conditions are requisite to protect the public health and welfare with an adequate margin of safety. (b) Compilation and publication of reports on noise sources and control technology.

The Administrator shall, after consultation with appropriate Federal agencies, compile and publish a report or series of reports (1) identifying products (or classes of products) which in his judgment are major sources of noise, and (2) giving information on techniques for control of noise from such products, including available data on the technology, costs, and alternative methods of noise control. The first such report shall be published not later than eighteen months after October 27, 1972.

(c) Supplemental criteria and reports.

The Administrator shall from time to time review and, as appropriate, revise or supplement any criteria or reports published under this section. (d) Publication in Federal Register.

Any report (or revision thereof) under subsection (b) (1) of this section identifying major noise sources shall be published in the Federal Register. The publication or revision under this section of any criteria or information on control techniques shall be announced in the Federal Register, and copies shall be made available to the general public. (Pub. L. 92-574, § 5, Oct. 27, 1972, 86 Stat. 1236.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4905 of this title.

§ 4905. Noise emission standards for products distributed in commerce.

(a) Proposed regulations.

(1) The Administrator shall publish proposed regulations, meeting the requirements of subsection (c) of this section, for each product

(A) which is identified (or is part of a class identified) in any report published under section 4904 (b)(1) of this title as a major source of noise, (B) for which, in his judgment, noise emission standards are feasible, and

(C) which falls in one of the following categories:

(i) Construction equipment.

(ii) Transportation equipment (including recreational vehicles and related equipment. (iii) Any motor or engine (including any equipment of which an engine or motor is an integral part).

(iv) Electrical or electronic equipment. (2) (A) Initial proposed regulations under paragraph (1) shall be published not later than eighteen months after October 27, 1972, and shall apply to any product described in paragraph (1) which is identified (or is a part of a class identified) as a major source of noise in any report published under section 4904(b)(1) of this title on or before the date of publication of such initial proposed regulations.

(B) In the case of any product described in paragraph (1) which is identified (or is part of a class identified) as a major source of noise in a report published under section 4904(b) (1) of this title after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such product shall be

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