§ 2688. — Control of leadbased paint hazards at Federal facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2688]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2688. Control of lead-based paint hazards at Federal
facilities
Each department, agency, and instrumentality of 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 a lead-based paint hazard,
and each officer, agent, or employee thereof, shall be subject to, and
comply with, all Federal, State, interstate, and local requirements,
both substantive and procedural (including any requirement for
certification, licensing, recordkeeping, or reporting or any provisions
for injunctive relief and such sanctions as may be imposed by a court to
enforce such relief) respecting lead-based paint, lead-based paint
activities, and lead-based paint hazards in the same manner, and to the
same extent as any nongovernmental entity is subject to such
requirements, including the payment of reasonable service charges. The
Federal, State, interstate, and local substantive and procedural
requirements referred to in this subsection include, but are not limited
to, all administrative orders and all civil and administrative penalties
and fines regardless of whether such penalties or fines are punitive or
coercive in nature, or whether imposed for isolated, intermittent or
continuing violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect to any
such substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order, or civil or
administrative penalty or fine referred to in the preceding sentence, or
reasonable service charge). The reasonable service charges referred to
in this section include, but are not limited to, fees or charges
assessed for certification and licensing, as well as any other
nondiscriminatory charges that are assessed in connection with a
Federal, State, interstate, or local lead-based paint, lead-based paint
activities, or lead-based paint hazard activities program. No agent,
employee, or officer of the United States shall be personally liable for
any civil penalty under any Federal, State, interstate, or local law
relating to lead-based paint, lead-based paint activities, or lead-based
paint hazards with respect to any act or omission within the scope of
his official duties.
(Pub. L. 94-469, title IV, Sec. 408, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3921.)
