42 U.S.C. § 4852

The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria—

for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level;

for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and

notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing.

A State or unit of local government that has an approved comprehensive housing affordability strategy under  is eligible to apply for a grant under this section.

To receive a grant under this section, a State or unit of local government shall submit an application in such form and in such manner as the Secretary shall prescribe. An application shall contain—

a copy of that portion of an applicant’s comprehensive housing affordability strategy required by section 12705(b)(16)  of this title;

a description of the amount of assistance the applicant seeks under this section;

a description of the planned activities to be undertaken with grants under this section, including an estimate of the amount to be allocated to each activity;

a description of the forms of financial assistance to owners and occupants of housing that will be provided through grants under this section; and

such assurances as the Secretary may require regarding the applicant’s capacity to carry out the activities.

The Secretary shall award grants under this section on the basis of the merit of the activities proposed to be carried out and on the basis of selection criteria, which shall include—

the extent to which the proposed activities will reduce the risk of lead-based paint poisoning to children under the age of 6 who reside in housing;

the degree of severity and extent of lead-based paint hazards in the jurisdiction to be served;

the ability of the applicant to leverage State, local, and private funds to supplement the grant under this section;

the ability of the applicant to carry out the proposed activities; and

such other factors as the Secretary determines appropriate to ensure that grants made available under this section are used effectively and to promote the purposes of this chapter.

A grant under this section may be used to—

perform risk assessments and inspections in housing;

provide for the interim control of lead-based paint hazards in housing;

provide for the abatement of lead-based paint hazards in housing;

provide for the additional cost of reducing lead-based paint hazards in units under­going renovation funded by other sources;

ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with ;

monitor the blood-lead levels of workers involved in lead hazard reduction activities funded under this section;

assist in the temporary relocation of families forced to vacate housing while lead hazard reduction measures are being conducted;

educate the public on the nature and causes of lead poisoning and measures to reduce exposure to lead, including exposure due to residential lead-based paint hazards;

test soil, interior surface dust, and the blood-lead levels of children under the age of 6 residing in housing after lead-based paint hazard reduction activity has been conducted, to assure that such activity does not cause excessive exposures to lead; and

carry out such other activities that the Secretary determines appropriate to promote the purposes of this chapter.

The applicant may provide the services described in this section through a variety of programs, including grants, loans, equity investments, revolving loan funds, loan funds, loan guarantees, interest write-downs, and other forms of assistance approved by the Secretary.

The Secretary shall develop the capacity of eligible applicants to carry out the requirements of section 12705(b)(16)  of this title and to carry out activities under this section. In fiscal years 1993 and 1994, the Secretary may make grants of up to $200,000 for the purpose of establishing State training, certification or accreditation programs that meet the requirements of . 1

Of the total amount approved in appropriation Acts under subsection (), there shall be set aside to carry out this subsection $3,000,000 for fiscal year 1993 and $3,000,000 for fiscal year 1994. o

Each recipient of a grant under this section shall make contributions toward the cost of activities that receive assistance under this section in an amount not less than 10 percent of the total grant amount under this section.

Grants under this subchapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this subchapter.

An applicant shall ensure that not more than 10 percent of the grant will be used for administrative expenses associated with the activities funded.

An applicant shall maintain and provide the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this section.

An applicant under this section shall submit to the Secretary, for any fiscal year in which the applicant expends grant funds under this section, a report that—

describes the use of the amounts received;

states the number of risk assessments and the number of inspections conducted in residential dwellings;

states the number of residential dwellings in which lead-based paint hazards have been reduced through interim controls;

states the number of residential dwellings in which lead-based paint hazards have been abated; and

provides any other information that the Secretary determines to be appropriate.

The Secretary shall publish a Notice of Funding Availability pursuant to this section not later than 120 days after funds are appropriated for this section.

Effective 2 years after the date of promulgation of regulations under , no grants for lead-based paint hazard evaluation or reduction may be awarded to a State under this section unless such State has an authorized program under .

For purposes of environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969 [ et seq.] and other provisions of law that further the purposes of such Act, a grant under this section shall be treated as assistance under the HOME Investment Partnership  Act, established under title II of the Cranston-Gonzalez National Affordable Housing Act [ et seq.], and shall be subject to the regulations promulgated by the Secretary to implement section 288 of such Act [].

This subsection shall apply to—

grants awarded under this section; and

grants awarded to States and units of general local government for the abatement of significant lead-based paint and lead dust hazards in low- and moderate-income owner-occupied units and low-income privately owned rental units pursuant to title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (, ).

For the purposes of carrying out this chapter, there are authorized to be appropriated $125,000,000 for fiscal year 1993 and $250,000,000 for fiscal year 1994.