An Act to amend the Lead Based Paint Poisoning Prevention Act, and for other purposes.
PL 93-151 (S.607), enacted 11/09/1973

87 STAT. ] 
PUBLIC LAW 93.151-NOV. 9, 1973 
565 
Public Law 93-151 
AN ACT 
November 9, 1973 
To amend the Lead Based Paint Poisoning Prevention Act, and for other 
[s. 607] 
purposes. 
Lead Based 
Paint Poisoning 
Centralized lab-
oratory facilities. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) section 
101 (a) of the Lead Based Paint Poisoning Prevention Act is amended preven'ti'on^Ac" 
by striking; out "units of general local government in any State" and amendments. 
inserting in lieu thereof "public agencies of units of general local 
42usc'48oi.' 
government in any State and to private nonprofit organizations in any 
Grants for de-
^f-afo" 
ir 
X 
D 
J tection and treat-
Oiate . 
^ 
^ 
^ ^ 
ment, extension. 
(b) Section 101(b) of such Act is amended by striking out "75 per 
centum" and inserting in lieu thereof "90 per centum". 
(c) Section 101 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(e) The Secretary is also authorized to make grants to State 
agencies for the purpose of establishing centralized laboratory facili-
ties for analyzing biological and environmental lead specimens 
f)btained from local lead based paint poisoning detection programs.". 
(d) Section 101 of such Act is further amended by adding at the 
end thereof the following new subsection: 
"(f) No grant may be made under this section unless the Secretary 
Prohibition, 
determines that there is satisfactory assurance that (A) the services 
to be provided will constitute an addition to, or a significant improve-
ment m quality (as determined in accordance with criteria of the Sec-
retary) in, services that would otherwise be provided, and (B) 
Federal funds made available under this section for any period will 
be so used as to supplement and, to the extent practical, increase the 
level of State, local, and other non-Federal funds that would, in the 
absence of such Federal funds, be made available for the program 
described in this section, and will in no event supplant such State, 
local, and other non-Federal funds.". 
SEC. 2. (a) Section 201 of the Lead Based Paint Poisoning Preven- euSrion' extTn-^ 
tion Act is amended by striking out "units of general local government sion. 
in any State" and inserting in lieu thereof "public agencies of units 
of general local government in any State and to private nonprofit 
organizations in any State". 
(b) Section 201(a) (2) of such Act is amended to read as follows: ^2 use 48ii. 
"(2) the development and carrying out of procedures to remove 
from exposure to young children all interior surfaces of residen-
tial housing, porches, and exterior surfaces of such housing to 
which children may be commonly exposed, in those areas that 
present a high risk for the health of residents because of the pres-
ence of lead based paints. Such programs should include those 
surfaces on which non-lead-based paints have been used to cover 
surfaces to which lead based paints were previously applied; and". 
(c) Section 201 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(c) Any public agency;, of a unit of local government or private refo°rd^! avaiiawi-
nonprofit organization which receives assistance under this Act shall ity. 
make available to the Secretary and the Comptroller General of the 
United States, or any of their duly authorized representatives, for 
purposes of audit and examination, any books, documents, papers, and 
records that are pertinent to the assistance received by such public 
agency of a unit of local government or private nonprofit organization 
under this Act." 
566 
PUBLIC LAW 93-151-NOV. 9, 1973 
[87 STAT. 
84 Stat. 2079. 
42 u s e 4821. 
SEC. 3. Section 301 of the Lead Based Paint Poisoning Prevention 
Act is amended to read as follows: 
Safe level of 
lead. 
Report to Con-
gress. 
"FEDERAL DEMONSTRATION AND RESEARCH PROGRAM 
"SEC. 301. (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." 
SEC. 4. (a) Title I I I of the Lead Based Paint Poisoning Prevention 
Act is amended— 
(1) by adding at the end thereof the following: 
Housing con-
structed prior to 
1950. 
Housing con-
structed during O
r 
after 1950. 
Federally owned 
property for resi-
dential habitation. 
Effective date. 
42 u s e 4831. 
"FEDERAIi HOUSING ADMINISTRATION 
REQUIREMENTS 
"SEC. 302. The Secretary of Housing and Urban Development 
(hereafter in this section referred to as the 'Secretary') shall estab-
lish 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 pur-
chasers 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 tech-
niques 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 purposes of this section. Further, the 
Secretary shall establish and implement procedures to eliminate the 
hazards of lead based paint poisoning in all federally owned proper-
ties prior to the sale of such properties when their use is intended for 
residential habitation."; and 
(2) by inserting after "PROGRAM", in the caption of such 
title, a semicolon and the following: "FEDERAL HOUSING 
ADMINISTRATION REQUIREMENTS". 
(b) The amendments made by subsection (a) of this section become 
effective upon the expiration of ninety days following the date of 
enactment of this Act. 
SEC. 5. Section 401 of the Lead Based Paint Poisoning Prevention 
Act is amended to read as follows: 
87 
STAT.] 
PUBLIC LAW 93-151-NOV. 9, 1973 
567 
"PROHIBITIOX AGAINST USE OF LEAD BASED PAINT I N CONSTKUCTION OF 
FACIIilTIES AND T H E MANUFACTURE OF CERTAIN TOYS AND UTENSILS 
"SEC. 401. 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 struc-
tures 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 man-
ufactured and distributed after the date of enactment of this 
Act." 
SEC. 6. Section 501 (3) of the Lead Based Paint Poisoning Prevention 
Act is amended to read as follows: 
84 stat. 2080, 
"(3) the term'lead based paint'means— 
-L^a^cfbl^std 
"(A) prior to December 31, 1974, any paint containing paint." 
more than five-tenths of 1 per centum lead by weight (calcu-
lated 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 (cal-
culated 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 301(b) of this Act, 
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.". 
SEC. 7. (a) Section 503(a) of the Lead Based Paint Poisoning Pre-
vention Act is amended (1) by striking out the word "and" and insert-
ing in lieu thereof a comma, and (2) by inserting before the period a 
comma and the following: "and $25,000,000 for each of the fiscal years 
1974 and 1975". 
(b) Section 503(b) of such Act is amended (1) by striking out the 
word "and" and inserting in lieu thereof a comma, and (2) by insert-
ing before the period a comma and the following: "and $35,000,000 for 
each of the fiscal years 1974 and 1975". 
(c) Section 503(c) of such Act is amended (1) by striking out the 
word "and" and by inserting in lieu thereof a comma, and (2) by 
inserting before the period a comma and the following: "and 
$3,000,000 for each of the fiscal years 1974 and 1975". 
(d) Section 503(d) of such Act is amended by striking out all 
matter after the semicolon and inserting in lieu thereof 
and any 
amounts authorized for one fiscal year but not appropriated may be 
appropriated for the succeeding fiscal year.". 
(e) Title V of the Lead Based Paint Poisoning Prevention Act is 
amended by adding at the end thereof the following new sections: 
"ELIGIBILITY OF CERTAIN STATE AGENCIES 
Ante, p. 566. 
Appropriation. 
42 u s e 4843. 
"SEC. 504. Notwithstanding any other provision of this Act, grants 
authorized under sections 101 and 201 of this Act may be made to an 
Ante, p. 565. 
568 
PUBLIC LAW 93-151-NOV. 9, 1973 
[87 STAT. 
National Child-
hood Lead Based 
Paint Poisoning 
Advisory Board. 
Establishment. 
Membership. 
5 u s e 5332 
note. 
Expenses, reim-
bursement. 
Regulations. 
agency of State government in any case where State government pro-
vides 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. 
a 
ADVISORY BOARDS 
"SEC. 505. (a) 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 Act. 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, United States Code, 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, sub-
sistence, and necessary expenses incurred in the performance of their 
duties. 
"(b) The Secretary of Health, Education, and Welfare, in consulta-
tion with the Secretary of Housing and Urban Development, shall 
promulgate regulations for establishment of an advisory board for 
each local program assisted under this Act to assist in carrying out this 
program. Two-thirds of the members of the board shall be residents of 
communities and neighborhoods affected by lead based paint poison-
ing. 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. 
80 Stat. 1186; 
84 Stat. 1306. 
42 u s e 246. 
42 u s e 4801 
note. 
"EFFECT UPON STATE LAW 
"SEC. 506. 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 Act or regulations issued pursuant to this Act. 
Any law, regulation, or ordinance purporting to establish such dif-
ferent requirement, prohibition, or standard shall be null and void.". 
SEC. 8. Section 314(e) of the Public Health Service Act is amended 
by inserting at the end thereof the following new paragraph: 
"No funds appropriated pursuant to the authorization of this sub-
section shall be available for lead based paint poisoning control of 
the type authorized under the Lead Based Paint Poisoning Preven-
tion Act (84 Stat. 2078)." 
Approved November 9, 1973.