[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                 S. 729

_______________________________________________________________________

                                 AN ACT

To amend the Toxic Substances Control Act to reduce the levels of lead 
              in the environment, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                 S. 729

_______________________________________________________________________

                                 AN ACT


 
To amend the Toxic Substances Control Act to reduce the levels of lead 
              in the environment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lead Exposure 
Reduction Act of 1994''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--LEAD ABATEMENT

Sec. 101. Findings and policy.
Sec. 102. Definitions.
Sec. 103. Restrictions on continuing uses of certain lead-containing 
                            products.
Sec. 104. Inventory of lead-containing products and new use 
                            notification procedures.
Sec. 105. Product labeling.
Sec. 106. Batteries.
Sec. 107. Lead contamination in schools and day care facilities.
Sec. 108. Blood-lead and other abatement and measurement programs.
Sec. 109. Establishment of National Centers for the Prevention of Lead 
                            Poisoning.
Sec. 110. Conforming amendments.
Sec. 111. Amendment to table of contents.
                        TITLE II--MISCELLANEOUS

Sec. 201. Reporting of blood-lead levels; blood-lead laboratory 
                            reference project.
Sec. 202. Update of 1988 report to Congress on childhood lead 
                            poisoning.
Sec. 203. Additional conforming amendments.
Sec. 204. Non-interference.
Sec. 205. Sense of the Senate concerning lead fishing sinkers.
               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.
    (c) Reference to Toxic Substances Control Act.--Wherever in title I 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.), except to the extent 
otherwise specifically provided.

                        TITLE I--LEAD ABATEMENT

SEC. 101. FINDINGS AND POLICY.

    (a) Redesignations.--Sections 401 and 402 through 412 (15 U.S.C. 
2681 and 2682 through 2692) are redesignated as sections 402, and 411 
through 421, respectively.
    (b) Findings and Policy.--Title IV (15 U.S.C. 2681 et seq.) is 
amended by inserting before section 402 (as so redesignated) the 
following new section:

``SEC. 401. FINDINGS AND POLICY.

    ``(a) Findings.--Congress finds that--
            ``(1) lead poisoning is the most prevalent disease of 
        environmental origin among American children today, and 
        children under 7 years of age are at special risk because of 
        their susceptibility to the potency of lead as a neurologic 
        toxin;
            ``(2)(A) the effects of lead on children may include 
        permanent and significant neurologic and physiologic 
        impairment; and
            ``(B) additional health effects occur in adults exposed to 
        similar exposure levels;
            ``(3) because of the practical difficulties of removing 
        lead already dispersed into the environment, children and 
        adults will continue to be exposed to lead for years;
            ``(4) as a result of decades of highly dispersive uses of 
        lead in a variety of products, contamination of the environment 
        with unacceptable levels of lead is widespread; and
            ``(5) the continued manufacture, import, processing, use, 
        and disposal of some lead-containing products may cause further 
        releases of lead into the environment, and the releases 
        contribute to further environmental contamination and resultant 
        exposure to lead.
    ``(b) Policy.--It is the policy of the United States that further 
releases of lead into the environment should be minimized, and methods 
should be developed and implemented to reduce sources of lead that 
result in adverse human or environmental exposures.''.

SEC. 102. DEFINITIONS.

    Section 402, as redesignated by section 101(a) of this Act, is 
amended--
            (1) by striking ``For the purposes'' and inserting ``(a) In 
        General.--Subject to subsection (b), for the purposes'';
            (2) by redesignating--
                    (A) paragraphs (13) through (17) as paragraphs (18) 
                through (22), respectively;
                    (B) paragraphs (5) through (12) as paragraphs (7) 
                through (14), respectively; and
                    (C) paragraph (4) as paragraph (5);
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Distributor.--The term `distributor' means any 
        individual, firm, corporation, or other entity that takes title 
        to goods purchased for resale.'';
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:
            ``(6) Facility.--The term `facility' means any public or 
        private dwelling constructed before 1980, public building 
        constructed before 1980, commercial building, bridge, or other 
        structure or superstructure.'';
            (5) by inserting after paragraph (14) (as so redesignated) 
        the following new paragraphs:
            ``(15) Package.--The term `package' means a container that 
        provides a means of marketing, protecting, or handling a 
        product. The term includes a unit package, an intermediate 
        package, a crate, a pail, a rigid foil, unsealed receptacle 
        (such as a carrying case), a cup, tray, wrapper or wrapping 
        film, a bag, tub, shipping or other container, any package 
        included in the American Society for Testing and Materials 
        (referred to in this title as `ASTM') Specification D-996, and 
        such other packages as the Administrator may specify by 
        regulation.
            ``(16) Packaging component.--The term `packaging component' 
        means any individual assembled part of a package (including any 
        interior or exterior blocking, bracing, cushioning, 
        weatherproofing, exterior strapping, coating, closure, ink, or 
        label). For the purposes of this title, tin-plated steel that 
        meets the ASTM Specification A-623 shall be deemed an 
        individual packaging component.
            ``(17) Person.--The term `person' means an individual, 
        trust, firm, joint stock company, corporation (including a 
        government corporation), partnership, association, State, 
        municipality, commission, political subdivision of a State, or 
        interstate body. The term shall include each department, 
        agency, or instrumentality of the United States.''; and
            (6) by adding at the end the following new subsection:
    ``(b) Exceptions.--As used in this title, the terms `package' and 
`packaging component' shall not include--
            ``(1) ceramic ware or crystal;
            ``(2) a container used for radiation shielding;
            ``(3) any casing for a lead-acid battery;
            ``(4) steel strapping; or
            ``(5) any package or packaging component containing lead 
        that is regulated or subject to regulation under the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).''.

SEC. 103. RESTRICTIONS ON CONTINUING USES OF CERTAIN LEAD-CONTAINING 
              PRODUCTS.

    Title IV (15 U.S.C. 2681 et seq.), as amended by section 101 of 
this Act, is further amended by inserting after section 402, as 
redesignated by section 101(a) of this Act, the following new section:

``SEC. 403. RESTRICTIONS ON CONTINUING USES OF CERTAIN LEAD-CONTAINING 
              PRODUCTS.

    ``(a) General Restrictions.--
            ``(1) In general.--
                    ``(A) Prohibition on the import, manufacturing, or 
                processing of a product.--Beginning on the date that is 
                1 year after the date of enactment of this subsection, 
                no person may import, manufacture, or process a product 
                in any of the product categories described in paragraph 
                (2).
                    ``(B) Prohibition on the distribution in commerce 
                of a product.--Beginning on the date that is 2 years 
                after the date of enactment of this subsection, no 
                person may distribute in commerce a product in any of 
                the product categories described in paragraph (2).
            ``(2) Product categories.--The product categories described 
        in this paragraph are as follows:
                    ``(A) Paint containing more than 0.06 percent lead 
                by dry weight, other than--
                            ``(i) corrosion inhibitive coatings, 
                        including electrocoats and electrodeposition 
                        primers, applied by original equipment 
                        manufacturers to motor vehicle parts and 
                        containing no more than 1.9 percent lead by 
                        weight in dry film;
                            ``(ii) certain paints and primers for 
                        equipment used for agricultural, construction, 
                        general, and industrial forestry purposes;
                            ``(iii) paints containing lead chromate 
                        pigments; and
                            ``(iv) zinc-enriched industrial paint with 
                        respect to which the incidental presence of 
                        lead does not exceed 0.19 percent lead by dry 
                        weight.
                    ``(B) Toys and recreational game pieces containing 
                more than 0.1 percent lead by dry weight, except for 
                toys and games with respect to which all lead is 
                contained in electronic or electrical parts or 
                components and that meet the standards and regulations 
                for content, manufacture, processing, and distribution 
                established by the Consumer Product Safety Commission 
                under the Federal Hazardous Substances Act (15 U.S.C. 
                1261 et seq.).
                    ``(C) Curtain weights--
                            ``(i) that are not encased in vinyl or 
                        plastic;
                            ``(ii) that contain more than 0.1 percent 
                        lead by dry weight; and
                            ``(iii) that are common in residential use.
                    ``(D) Inks containing more than 0.1 percent lead by 
                dry weight used in printing newspapers, newspaper 
                supplements, or magazines published more than once per 
                month.
            ``(3) Glass coatings.--
                    ``(A) In general.--Beginning on the date that is 5 
                years after the date of enactment of this subsection, 
                no person may import, manufacture, or process a product 
                in any of the product categories described in 
                subparagraph (B), and beginning on the date that is 6 
                years after the date of enactment of this subsection, 
                no person may distribute in commerce a product in any 
                of the product categories described in subparagraph 
                (B).
                    ``(B) Product categories.--The product categories 
                described in this subparagraph are as follows:
                            ``(i) Architectural glass coatings 
                        containing more than 0.06 percent lead by dry 
                        weight.
                            ``(ii) Automotive window coatings 
                        containing more than 0.06 percent lead by dry 
                        weight.
            ``(4) Statutory construction.--Nothing in this section 
        shall prohibit the recycling of any product listed in this 
        subsection if, following the original use of the product, the 
        product is reused as a raw material in the manufacture of any 
        product that is not listed under this subsection.
    ``(b) Modification of Restrictions.--
            ``(1) In general.--The Administrator may, after public 
        notice and opportunity for comment, promulgate regulations to 
        modify, pursuant to paragraphs (2) and (3), the percentage of 
        the allowable lead content for a product, or a group of 
        products, within a product category described in subparagraphs 
        (A) through (D) of subsection (a)(2) or subsection (a)(3)(B).
            ``(2) Reduced percentage.--The Administrator may, pursuant 
        to paragraph (1), establish by regulation a percentage by dry 
        weight of the allowable lead content that is less than the 
        percentage specified under subsection (a) (including 
        nondetectable levels) for a product, or a group of products, 
        within any product category described in subparagraphs (A) 
        through (D) of subsection (a)(2) or subsection (a)(3)(B) if the 
        Administrator determines that a reduction in the percentage of 
        the allowable lead content is necessary to protect human health 
        or the environment.
            ``(3) Increased percentage.--
                    ``(A) In general.--The Administrator may, pursuant 
                to paragraph (1), establish by regulation a percentage 
                by dry weight of the allowable lead content that is 
                greater than the percentage specified under subsection 
                (a) for a product, or a group of products, within any 
                product category described in subparagraphs (A) through 
                (D) of subsection (a)(2) or subsection (a)(3)(B) if the 
                Administrator determines that an increase in the 
                percentage of the allowable lead content will not 
                adversely affect human health or the environment.
                    ``(B) Review.--Not later than 2 years prior to the 
                termination date of a regulation promulgated under 
                paragraph (1) in accordance with subparagraph (A), the 
                Administrator shall review the regulation. If the 
                Administrator determines, pursuant to subparagraph (A), 
                that the promulgation of a revised regulation is 
                appropriate, the Administrator, not later than 1 year 
                prior to the termination date of the regulation, may 
                promulgate a revised regulation that shall terminate on 
                the date that is 6 years after the date the revised 
                regulation becomes final.
            ``(4) Waivers for toys and recreational game pieces.--Not 
        later than 1 year after the date of enactment of this 
        subsection, the Administrator shall promulgate regulations to 
        waive the requirements of subsection (a)(2)(B) with respect to 
        certain toys and recreational game pieces that are collectible 
        items and scale models intended for adult acquisition.
            ``(5) Exemption of paints.--
                    ``(A) Determination.--
                            ``(i) In general.--Not later than 5 years 
                        after the date of enactment of this subsection, 
                        the Administrator shall determine, following 
                        public notice and opportunity for comment, 
                        whether there is--
                                    ``(I) 1 (or more) primer paint 
                                suitable for use as an electrocoat or 
                                electrodeposition primer (or both) on 
                                motor vehicle parts that contains less 
                                than 1.9 percent lead by weight in dry 
                                film;
                                    ``(II) 1 (or more) original 
                                equipment manufacturer paint, primer, 
                                or service paint or primer for mirror 
                                manufacturing or for equipment used for 
                                agricultural, construction, and general 
                                industrial and forestry purposes that, 
                                in the dry coating, has a lead 
                                solubility of less than 60 milligrams 
                                per liter, as described in the American 
                                National Standards Institute (referred 
                                to in this title as `ANSI') standard 
                                Z66.1;
                                    ``(III) 1 (or more) substitute for 
                                paints containing lead chromate 
                                pigments for use in any class or 
                                category of uses that contains less 
                                than or equal to 0.06 percent lead by 
                                weight in dry film; or
                                    ``(IV) 1 (or more) substitute for 
                                zinc-enriched industrial paint for use 
                                in any class or category of uses that 
                                contains less than 0.19 percent lead by 
                                weight in dry film.
                            ``(ii) Additional determination by 
                        administrator.--The Administrator also shall 
                        determine whether 1 (or more) paint or primer 
                        referred to in clause (i)--
                                    ``(I) has substantially equivalent 
                                corrosion inhibition and related 
                                performance characteristics to any 
                                paint or primer; and
                                    ``(II) does not pose a greater risk 
                                to human health and the environment 
                                than a paint or primer,
                        in use for the applicable purpose specified in 
                        clause (i) on the date of enactment of this 
                        subsection.
                    ``(B) Identification.--If the Administrator 
                determines pursuant to subparagraph (A), that 1 (or 
                more) of the paints and primers referred to in 
                subparagraph (A) meets the applicable specifications 
                under such subparagraph, the Administrator shall 
                identify the lead content of the paint or primer of 
                each applicable category of paints or primers (or both) 
                under subclauses (I) through (IV) of subparagraph 
                (A)(i).
                    ``(C) Prohibition on importation, manufacturing, 
                and processing.--For a category of paints or primers 
                (or both) referred to in subparagraph (B), beginning on 
                the date that is 3 years after the Administrator makes 
                a determination under subparagraph (B), no person shall 
                import, manufacture, or process any paint or primer 
                with a lead content that exceeds the level identified 
                by the Administrator pursuant to subparagraph (B).
                    ``(D) Prohibition on distribution in commerce.--For 
                a category of paints or primers (or both) referred to 
                in subparagraph (B), beginning on the date that is 4 
                years after the Administrator makes a determination 
                under subparagraph (B), no person shall--
                            ``(i) distribute in commerce any paint or 
                        primer with a lead content that exceeds the 
                        level identified by the Administrator; or
                            ``(ii) import, manufacture, or process any 
                        new motor vehicle or new motor vehicle part or 
                        new equipment part coated with the paint or 
                        primer with a lead content that exceeds the 
                        level identified by the Administrator.
                    ``(E) Effect of negative determination.--If the 
                Administrator determines, pursuant to subparagraph (A), 
                that there is no paint or primer suitable for a use 
                referred to in subclause (I), (II), (III), or (IV) of 
                subparagraph (A)(i) that meets the applicable 
                requirements under subparagraph (A)--
                            ``(i) beginning on the date that is 13 
                        years after the date of enactment of this 
                        subsection, no person shall import, 
                        manufacture, or process any paint or primer for 
                        the use specified in the determination pursuant 
                        to subparagraph (A); and
                            ``(ii) beginning on the date that is 14 
                        years after the date of enactment of this 
                        subsection, no person shall distribute in 
                        commerce any paint or primer for the use 
                        specified in the determination pursuant to 
                        subparagraph (A) (or import, manufacture, or 
                        process any motor vehicle or motor vehicle part 
                        or new equipment part coated with the paint or 
                        primer),
                that contains a lead content that exceeds a level of 
                lead content that the Administrator shall determine, on 
                the basis of the identification of the lead content of 
                paints and primers for the use.
    ``(c) Statements by the Administrator Relating to Modifications of 
Restrictions.--In promulgating any regulation under subsection (b) with 
respect to the allowable lead content for a product, or a group of 
products, under a product category, the Administrator shall, prior to 
the promulgation of a final regulation, consider and publish a 
statement that describes the effects of the proposed allowable lead 
content level for the product, or group of products, under the product 
category on human health and the environment.
    ``(d) Lead Solder.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator shall 
        promulgate regulations to ban the manufacture, importation, 
        processing, sale, and distribution in commerce of lead solders 
        commonly used in plumbing systems, including lead solder that 
        contains 50 percent tin and 50 percent lead (50-50 tin-lead 
        solder) and lead solder that contains 85 percent tin and 15 
        percent lead (85-15 tin-lead solder).
            ``(2) In general.--
                    ``(A) Restrictions on sale and display of lead 
                solders.--Not later than 2 years after the date of 
                enactment of this subsection, the Administrator shall 
                promulgate regulations to restrict the sale and display 
                of lead solders that are reasonable capable of being 
                used in plumbing systems, including, at a minimum--
                            ``(i) a prohibition on the sale or display 
                        of the lead solders in the plumbing supply 
                        section of a retail establishment;
                            ``(ii) a restriction on the sale or display 
                        of the lead solders in a wholesale plumbing 
                        establishment;
                            ``(iii) a prohibition on the sale or 
                        display of the lead solders in proximity to 
                        plumbing materials in an establishment; and
                            ``(iv) a requirement that each of the lead 
                        solders be labeled to indicate that the solder 
                        is not intended for use in a plumbing system.
                    ``(B) Further restrictions on lead solders.--The 
                Administrator shall by regulation establish a further 
                restriction on the manufacture, sale, display, or 
                labeling of lead solders, if the Administrator 
                determines that the restriction is necessary to prevent 
                the use of lead solders in plumbing systems.
    ``(e) Plumbing Fittings and Fixtures.--
            ``(1) In general.--If a voluntary standard for the leaching 
        of lead from new plumbing fittings and fixtures that are 
        intended by the manufacturer to dispense water for human 
        ingestion is not established by the date that is 1 year after 
        the date of enactment of this subsection, the Administrator 
        shall, not later than 2 years after the date of enactment of 
        this subsection, promulgate regulations setting a health-
        effects-based performance standard establishing maximum 
        leaching levels from new plumbing fittings and fixtures that 
        are intended by the manufacturer to dispense water for human 
        ingestion. The standard shall take effect on the date that is 5 
        years after the date of promulgation of the standard.
            ``(2) Alternative requirement.--If regulations are required 
        to be promulgated under paragraph (1) and have not been 
        promulgated by the date that is 5 years after the date of 
        enactment of this subsection, no person may import, 
        manufacture, process, or distribute in commerce a new plumbing 
        fitting or fixture, intended by the manufacturer to dispense 
        water for human ingestion, that contains more than 4 percent 
        lead by dry weight.
    ``(f) Packaging.--
            ``(1) Definitions.--As used in this subsection:
                    ``(A) Incidental presence.--The term `incidental 
                presence' means the presence of lead in a package or 
                packaging component that was not purposely introduced 
                into the package or packaging component for the 
                properties or characteristics of the lead.
                    ``(B) Intentionally introduce.--The term 
                `intentionally introduce' means to purposefully 
                introduce lead into a package or packaging component 
                with the intent that the lead be present in the package 
                or packaging component. The term does not include--
                            ``(i) the presence of background levels of 
                        lead that naturally occur in raw materials or 
                        are present as postconsumer additions, and that 
                        are not purposefully added to perform as part 
                        of a package or packaging component; and
                            ``(ii) any trace amounts of a processing 
                        aid or similar material that is used to produce 
                        a product from which a package or packaging 
                        component is manufactured.
            ``(2) Intentional introduction.--Beginning on the date that 
        is 4 years after the date of enactment of this subsection--
                    ``(A) no package or packaging component shall be 
                sold or distributed in commerce by a manufacturer or 
                distributor; and
                    ``(B) no product shall be distributed in commerce 
                by the manufacturer or distributor of the product in a 
                package,
        if the product includes, in the package, or in any packaging 
        component, any ink, dye, pigment, adhesive, stabilizer, or 
        other additive to which lead has been intentionally introduced 
        as an element during manufacturing or distribution (as opposed 
        to the incidental presence of lead).
            ``(3) Limitations on the average of concentration levels 
        from incidental presence of lead.--Notwithstanding paragraph 
        (2), the average of the concentration levels from any 
        incidental presence of lead present in any package or packaging 
        component, other than the lead originating from the product 
        contained in the package, shall not exceed--
                    ``(A) for the fifth 1-year period after the date of 
                enactment of this subsection, 600 parts per million by 
                weight (0.06 percent);
                    ``(B) for the sixth 1-year period after the date of 
                enactment of this subsection, 250 parts per million by 
                weight (0.025 percent); and
                    ``(C) for the seventh 1-year period after the date 
                of enactment of this subsection, and for each 12-month 
                period thereafter, 100 parts per million by weight 
                (0.01 percent).
            ``(4) Prohibition.--No package or packaging component shall 
        be sold or distributed in commerce by a manufacturer or 
        distributor, and no product shall be sold or distributed in 
        commerce in a package by a manufacturer or distributor, if the 
        package or packaging component exceeds the applicable level 
        provided under paragraph (3).
            ``(5) Certificate of compliance.--
                    ``(A) In general.--A certificate of compliance 
                stating that a package or packaging component is in 
                compliance with the requirements of this section shall 
                be prepared and retained by the manufacturer or 
                distributor of the package or packaging component.
                    ``(B) Statement relating to exemption.--In any case 
                in which compliance with this section is based on an 
                exemption under paragraph (6), the certificate shall 
                state the specific basis upon which the exemption is 
                claimed.
                    ``(C) Signature of authorized official.--A 
                certificate of compliance shall be signed by an 
                authorized official of the manufacturer or distributor 
                referred to in subparagraph (A).
            ``(6) Exemption from packaging requirements.--Prior to the 
        expiration of the 7-year period beginning on the date of 
        enactment of this subsection, on receipt of an application (in 
        such form and containing such information as the Administrator 
        may prescribe by regulation), the Administrator may exempt from 
        the requirements of paragraph (2), (3) or (4)--
                    ``(A) a package or packaging component manufactured 
                prior to the date of enactment of this subsection, as 
                determined by the Administrator; and
                    ``(B) a package or packaging component to which 
                lead has been added in the manufacturing, forming, 
                printing, or distribution process in order to comply 
                with health or safety requirements of Federal law or 
                the law of any State or political subdivision of a 
                State.
    ``(g) Exemptions.--
            ``(1) In general.--The Administrator shall, by regulation, 
        exempt from the restrictions described in subsection (a)(1) on 
        the lead content of paint any products that are imported, 
        processed, manufactured, or distributed in commerce for use by 
        artists in creating, restoring, and preserving works of art, 
        including graphic works of art, if the paint is sold or 
        otherwise distributed in a package labeled pursuant to the 
        requirements under section 405(c)(1).
            ``(2) Exemptions.--The Administrator shall, by regulation, 
        exempt from the applicable restrictions on lead content under 
        subsection (a) or (b) any product, or group of products, within 
        a product category used--
                    ``(A) for a medical purpose (as defined by the 
                Administrator, in consultation with the Secretary of 
                Health and Human Services);
                    ``(B) for a purpose in the paramount interest of 
                the United States (as determined by the Administrator, 
                in consultation with the Secretary of Defense);
                    ``(C) for radiation protection (as jointly defined 
                by the Administrator and the Nuclear Regulatory 
                Commission), including any product or product category 
                used in connection with the national security programs 
                of the Department of Energy;
                    ``(D) in the mining industry to determine the 
                presence of noble metals in geological materials; or
                    ``(E) as radiation shielding in any electronic 
                device, or in specialized electronics uses in any case 
                in which the Administrator has determined that no 
                appropriate substitute for lead is available.
            ``(3) Statutory construction.--Nothing in this section or 
        the Lead Exposure Reduction Act of 1994 and the amendments made 
        by such Act is intended to prohibit the recycling (for use as a 
        raw material or for processing), recovery, or reuse of lead-
        containing metal, glass, plastic, paper, or textiles, except 
        that any product manufactured or processed from the lead-
        containing materials shall meet the requirements (including 
        standards) of this section.''.

SEC. 104. INVENTORY OF LEAD-CONTAINING PRODUCTS AND NEW USE 
              NOTIFICATION PROCEDURES.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 403, as added by section 103 of this Act, the following 
new section:

``SEC. 404. INVENTORY OF LEAD-CONTAINING PRODUCTS AND NEW USE 
              NOTIFICATION PROCEDURES.

    ``(a) Creation of an Inventory of Uses of Lead in Products in 
Commerce.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this paragraph, the Administrator shall, with 
        the active participation of all interested parties, initiate a 
        survey of all lead-containing products sold or distributed in 
        commerce in the United States.
            ``(2) Development of inventory.--
                    ``(A) In general.--On the basis of the survey 
                described in paragraph (1), the Administrator shall 
                develop an inventory of all lead-containing products 
                sold or distributed in commerce (referred to in this 
                section as the `inventory').
                    ``(B) Product categories.--In developing the 
                inventory, the Administrator may group in product 
                categories those products that meet both of the 
                following criteria:
                            ``(i) The products are functionally 
                        similar.
                            ``(ii) The products provide similar 
                        opportunities for lead exposure or release 
                        during manufacturing, processing, or use, or at 
                        the end of the useful life of the product 
                        (taking into account other applicable 
                        regulations).
            ``(3) Publication of draft inventory.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) publish the inventory in the Federal 
                        Register in draft form; and
                            ``(ii) solicit public comment on the draft 
                        inventory and the grouping of products by the 
                        Administrator pursuant to paragraph (2).
                    ``(B) Publication.--Not later than 4 years after 
                the date of enactment of this paragraph, after 
                providing public notice and opportunity for comment on 
                the draft inventory, the Administrator shall publish a 
                final inventory.
            ``(4) Products containing components included on 
        inventory.--For the purposes of this section, any product that 
        contains lead-containing components included on the inventory 
        shall be deemed to be included on the inventory.
            ``(5) Failure of administrator to publish inventory.--If 
        the Administrator fails to publish the inventory by the date 
        specified in paragraph (3)(B), the list of products referred to 
        in subsection (c)(6)(C) shall be deemed to comprise the 
        inventory.
            ``(6) Modifications.--The Administrator may, from time to 
        time, after notice and opportunity for comment, make 
        modifications to the inventory published under this subsection. 
        If the Administrator modifies the inventory, the Administrator 
        shall publish the modified inventory.
    ``(b) List of Uses of Lead in Products That Pose Exposure 
Concerns.--
            ``(1) In general.--Beginning on the date that is 6 years 
        after the date of enactment of this paragraph, the 
        Administrator shall issue regulations that establish a list 
        (referred to in this section as the `list') of lead-containing 
        products or categories of products that the Administrator 
        determines may reasonably be anticipated to present an 
        unreasonable risk of injury to human health or the environment 
        due to--
                    ``(A) exposure to lead released during and from use 
                of such a product by a consumer;
                    ``(B) direct exposure of the product to the 
                environment; or
                    ``(C) exposure to lead at the end of the useful 
                life of the product;
        taking into account other applicable regulations.
            ``(2) Criteria for determination to list a product or 
        category of product.--Each determination to list a product or 
        category of product shall be based on exposure-related 
        information pertaining to the product or category of products, 
        or to a product or category of products that poses similar 
        exposure risks.
            ``(3) Specification of lead concentration.--For each 
        product or category of products, the Administrator shall 
        specify the concentration of lead (as a percentage of the dry 
        weight of the product or category of products) that the 
        Administrator determines to be the maximum concentration of 
        lead found in the product or category of products.
            ``(4) Modification of list.--
                    ``(A) Additions to list.--After promulgating the 
                list, the Administrator may, by regulation--
                            ``(i) add a product or category of products 
                        to the list, if the Administrator determines 
                        that the product or category of products meets 
                        the standard established in paragraph (1); or
                            ``(ii) remove a product or category of 
                        products from the list, if the Administrator 
                        determines that the product or category of 
                        products does not meet the standard established 
                        in paragraph (1).
                    ``(B) Petitions for modifications.--
                            ``(i) In general.--Any person may petition 
                        the Administrator to make a determination to 
                        add a product or category of products to the 
                        list, or to remove a product or category of 
                        products from the list.
                            ``(ii) Action by the administrator.--Not 
                        later than 2 years after receipt of a petition 
                        under clause (i), the Administrator shall take 
                        one of the following actions:
                                    ``(I) Grant the petition, initiate 
                                a procedure to promulgate a regulation 
                                to add or delete the product or product 
                                category as requested in the petition, 
                                and complete the procedure by not later 
                                than 2 years after initiating the 
                                procedure.
                                    ``(II) Deny the petition and 
                                publish an explanation of the basis for 
                                denying the petition in the Federal 
                                Register.
            ``(5) Construction.--Nothing in this subsection shall be 
        construed to affect any authority of any person under section 5 
        or 6 concerning the manufacturing or processing of a lead-
        containing product or a category of such products.
    ``(c) Notification of New Uses of Lead in Products in Commerce.--
            ``(1) In general.--
                    ``(A) Publication.--After the publication of the 
                inventory in final form pursuant to subsection (a)(3), 
                any person who manufactures, processes, or imports a 
                lead-containing product referred to in subparagraph (B) 
                shall submit to the Administrator a notice prepared 
                pursuant to paragraph (2) on the commencement of the 
                manufacture, processing, or importation of the product.
                    ``(B) Applicability.--Subparagraph (A) shall apply 
                to any lead-containing product for which a notice is 
                required under subparagraph (A) that--
                            ``(i) is not listed in the inventory 
                        developed under subsection (a); or
                            ``(ii) is a product that--
                                    ``(I) is identified on the list 
                                promulgated under subsection (b), or 
                                that is included in a category of 
                                products identified on the list; and
                                    ``(II) utilizes a greater 
                                concentration of lead, as a percentage 
                                of dry weight, than the concentration 
                                identified by the Administrator for the 
                                product or category under subsection 
                                (b)(3) (unless the concentration is 
                                exceeded on a percentage basis solely 
                                as a result of efforts to reduce the 
                                size or weight of the product, rather 
                                than by the addition of greater 
                                quantities of lead into the product).
            ``(2) Contents of notice.--The notice required by paragraph 
        (1) shall include--
                    ``(A) a general description of the product;
                    ``(B) a description of the manner in which lead is 
                used in the product;
                    ``(C) the quantity of the product manufactured, 
                processed, or imported; and
                    ``(D) the quantity and percentage of lead used in 
                the manufacturing of the product, or the quantity and 
                percentage of lead contained in the imported product.
            ``(3) Report by the administrator.--On an annual basis, the 
        Administrator shall publish a report that provides a 
        nonconfidential summary of new uses identified pursuant to this 
        subsection. The report shall include aggregated information 
        regarding the amount of lead associated with the new uses.
            ``(4) Relationship with other provisions.--The notification 
        requirement under paragraph (1) shall be subject to the 
        confidentiality provisions under section 5, and the research 
        and development exemption under section 5.
            ``(5) Amendment of list and inventory.--After the receipt 
        of a notice under paragraph (1), the Administrator shall--
                    ``(A) make such amendments to the inventory 
                established under subsection (a) as the Administrator 
                determines to be appropriate; and
                    ``(B) evaluate whether any new products should be 
                added to the list established under subsection (b).
            ``(6) Delay in publication.--
                    ``(A) In general.--If the publication of a final 
                list is delayed beyond the date specified in subsection 
                (b), subparagraphs (B) and (C) shall apply.
                    ``(B) Prohibition.--Beginning on the date that the 
                final list is required to be promulgated under 
                subsection (b), and until such time as a final list is 
                published, no person shall manufacture, process, or 
                import a product that is listed or included within a 
                product category identified in subparagraph (C), if--
                            ``(i) the product, or a substantially 
                        similar product, has not been distributed in 
                        commerce prior to the date of enactment of this 
                        paragraph; or
                            ``(ii) the product contains a greater 
                        percentage of lead than any substantially 
                        similar product distributed in commerce before 
                        the date of enactment of this paragraph,
                unless the person has submitted a notice under 
                paragraph (2).
                    ``(C) List of products or categories.--The list of 
                products or categories of products referred to in 
                subparagraph (B) shall be the products listed under 
                section 403(a)(2) and subsections (d) through (f) of 
                section 403.
                    ``(D) Burden of proof.--In any proceeding to 
                enforce subparagraph (B) with respect to a product, the 
                manufacturer, processor, or importer shall have the 
                burden of demonstrating that the manufacturer, 
                processor, or importer had a reasonable basis for 
                concluding that the product (or a substantially similar 
                product) had been distributed in commerce prior to the 
                date of publication of the final list, as referred to 
                in subparagraph (B).
    ``(d) Exemptions.--
            ``(1) In general.--Subsections (b) and (c) shall not apply 
        to the following:
                    ``(A) Stained glass products.
                    ``(B) Articles referred to in section 3(2)(B)(v).
                    ``(C) Containers used for radiation shielding.
            ``(2) Automotive dismantlers.--This section shall not apply 
        to any metal, glass, paper, or textile sold or distributed by 
        the owner or operator of any automotive dismantler or recycling 
        facility regulated by a State or the Administrator.''.

SEC. 105. PRODUCT LABELING.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 404, as added by section 104 of this Act, the following 
new section:

``SEC. 405. PRODUCT LABELING.

    ``(a) In General.--
            ``(1) Labeling.--
                    ``(A) In general.--Not later than 6 years after the 
                date of enactment of this paragraph, the Administrator 
                shall promulgate regulations that provide for the 
                labeling of products included in the list established 
                under section 404(b).
                    ``(B) Exemptions.--The regulations promulgated 
                under this paragraph shall not apply to--
                            ``(i) lead-acid batteries, to the extent 
                        that the labeling of the batteries as to the 
                        lead content of the batteries is regulated 
                        under any other Federal law;
                            ``(ii) products regulated under the Federal 
                        Food, Drug and Cosmetic Act (21 U.S.C. 301 et 
                        seq.); and
                            ``(iii) during or after disposal.
                    ``(C) Differentiation in labeling.--The regulations 
                promulgated under this section may distinguish 
                between--
                            ``(i) labels required for products included 
                        in the list established under section 404(b) 
                        that present a risk of exposure to lead during 
                        distribution or use; and
                            ``(ii) labels required for products 
                        included in the list that present a risk of 
                        exposure to lead during or after disposal.
            ``(2) Effective date of regulations.--The regulations 
        promulgated pursuant to paragraph (1) shall take effect not 
        later than the date that is 7 years after the date of enactment 
        of this paragraph.
    ``(b) Content of Regulations.--The regulations described in 
subsection (a) shall specify the wording, type size, and placement of 
the labels described in subsection (a).
    ``(c) Labeling of Certain Items.--
            ``(1) In general.--The Administrator shall promulgate 
        regulations requiring that the following labeling be included 
        in the labeling of the packaging of the following items:
                    ``(A) For any paint for use by artists (including 
                graphic artists) described in section 403(g):
                        ```CONTAINS LEAD--FOR USE BY ADULTS ONLY. DO 
                        NOT USE OR STORE AROUND CHILDREN OR IN AREAS 
                        ACCESSIBLE TO CHILDREN.'.
                    ``(B) For each toy or recreational game piece that 
                is a collectible item and for each scale model that is 
                subject to the regulations promulgated under section 
                403(b)(4) and is manufactured on or after the effective 
                date of the regulations promulgated under this 
                subsection:
                        ```COLLECTIBLE ITEM, CONTAINS LEAD, NOT 
                        SUITABLE FOR CHILDREN.'.
            ``(2) Criteria for regulations.--The regulations 
        promulgated pursuant to paragraph (1) shall specify the type, 
        size, and placement of the labeling described in paragraph (1).
            ``(3) Effective date.--Each regulation promulgated under 
        paragraph (1) shall take effect on the date that is 1 year 
        after the date of the promulgation of the regulation.
            ``(4) Labels.--If, by the date that is 2 years after the 
        date of enactment of subsection (a)(1), the Administrator has 
        not promulgated regulations that specify the alternate type, 
        size, and placement of the wording for labels referred to in 
        paragraph (1), the wording shall be placed prominently on the 
        package in letters the same size as the largest text letter 
        (except for letters in logos or brand markings) otherwise 
        affixed to the label or packaging of the product until such 
        time as the Administrator promulgates the regulations.
    ``(d) Bar.--Except as provided (by reference or otherwise) in any 
Federal, or State, law or judicial decision other than section 404 or 
this section, compliance with the labeling requirements of this section 
shall not constitute, in whole or in part, a defense for liability 
relating to, or a cause for reduction in damages resulting from, any 
civil or criminal action brought under any Federal or State law, other 
than an action brought for failure to comply with the labeling 
requirements of this section. Except as provided (by reference or 
otherwise) in any Federal, or State, law or judicial decision other 
than section 404 or this section, nothing in section 404 or this 
section shall be construed to create any additional liability, to 
create any additional defense, or to in any other manner increase or 
decrease the liability (including liability for damages), for any party 
relating to any civil or criminal action brought under any Federal or 
State law, other than an action brought for failure to comply with the 
requirements of such sections.''.

SEC. 106. BATTERIES.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 405, as added by section 105 of this Act, the following 
new sections:

``SEC. 406. RECYCLING OF LEAD-ACID BATTERIES.

    ``(a) Prohibitions.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of subsection (c), no person 
        shall--
                    ``(A) place a lead-acid battery in any landfill; or
                    ``(B) incinerate any lead-acid battery.
            ``(2) Disposal.--No person may--
                    ``(A) discard or otherwise dispose of a lead-acid 
                battery in mixed municipal solid waste; or
                    ``(B) discard or otherwise dispose of a lead-acid 
                battery in a manner other than by recycling in 
                accordance with this section.
            ``(3) Exemption.--Paragraphs (1) through (2) shall not 
        apply to an owner or operator of a municipal solid waste 
        landfill, incinerator, or collection program that inadvertently 
        receives any lead-acid battery that--
                    ``(A) is commingled with other municipal solid 
                waste; and
                    ``(B) is not readily removable from the waste 
                stream,
        if the owner or operator of the facility or collection program 
        has established contractual requirements or other appropriate 
        notification or inspection procedures to ensure that no lead-
        acid battery is received at, or burned in, the facility or 
        accepted through the collection program.
    ``(b) General Discard or Disposal Requirements.--Beginning on the 
date that is 1 year after the date of enactment of subsection (c), no 
person (except a person described in subsection (c), (d), or (e)) may 
discard or otherwise dispose of any used lead-acid battery except by 
delivery to 1 of the following persons (or an authorized representative 
of the person):
            ``(1) A person who sells lead-acid batteries at retail or 
        wholesale.
            ``(2) A lead smelter regulated by a State or the 
        Administrator under the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(3) A collection or recycling facility regulated by a 
        State or subject to regulation by the Administrator under the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
            ``(4) An automotive dismantler (as defined by the 
        Administrator).
            ``(5) A community collection program operated by, or 
        pursuant to an agreement with, a governmental entity.
            ``(6) A manufacturer of batteries of the same general type.
    ``(c) Discard or Disposal Requirements for Retailers.--Beginning on 
the date that is 1 year after the date of enactment of this subsection, 
no person who sells lead-acid batteries at retail may discard or 
otherwise dispose of any used lead-acid battery except by delivery to 1 
of the following persons (or an authorized representative of the 
person):
            ``(1) A person who sells lead-acid batteries at wholesale.
            ``(2) A lead smelter regulated by a State or the 
        Administrator under the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(3) A battery manufacturer.
            ``(4) A collection or recycling facility regulated by a 
        State or subject to regulation by the Administrator under the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
            ``(5) An automotive dismantler (as defined by the 
        Administrator).
    ``(d) Discard or Disposal Requirements for Wholesalers, Automotive 
Dismantlers, and Community Collection Programs.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this subsection--
                    ``(A) no person who sells lead-acid batteries at 
                wholesale;
                    ``(B) no automotive dismantler; and
                    ``(C) no community collection program operated 
                pursuant to an agreement with a governmental entity,
        may discard or otherwise dispose of any used lead-acid battery, 
        except by delivery to 1 of the persons described in paragraph 
        (2) (or an authorized representative of the person).
            ``(2) Persons.--The persons described in this paragraph are 
        as follows:
                    ``(A) A lead smelter regulated by a State or the 
                Administrator under the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.) or the Clean Air Act (42 U.S.C. 
                7401 et seq.).
                    ``(B) A battery manufacturer.
                    ``(C) A collection or recycling facility regulated 
                by a State or subject to regulation by the 
                Administrator under the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.).
    ``(e) Discard or Disposal Requirements for Manufacturers.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this subsection, no person who 
        manufactures lead-acid batteries may discard or otherwise 
        dispose of any used lead-acid battery, except by delivery to 1 
        of the persons described in paragraph (2) (or an authorized 
        representative of the person).
            ``(2) Persons.--The persons described in this paragraph are 
        as follows:
                    ``(A) A lead smelter regulated by a State or the 
                Administrator under the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.) or the Clean Air Act (42 U.S.C. 
                7401 et seq.).
                    ``(B) A collection or recycling facility regulated 
                by a State or subject to regulation by the 
                Administrator.
    ``(f) Collection Requirements for Retailers.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this subsection, a person who 
        sells, or offers for sale, lead-acid batteries at retail 
        shall--
                    ``(A) accept from customers used lead-acid 
                batteries of the same general type as the batteries 
                sold and in a quantity approximately equal to the 
                number of batteries sold; and
                    ``(B) collect a deposit in an amount not less than 
                $10 for the sale of any new replacement automotive type 
                lead-acid battery that is not accompanied by the return 
                of a used automotive type lead-acid battery.
            ``(2) Deposits.--A person who pays a deposit pursuant to 
        this subsection shall receive from the retailer a refund in an 
        amount equal to the deposit paid, if the person returns a used 
        automotive type lead-acid battery of the same general type as 
        the battery purchased from the retailer not later than 30 days 
        after the date of sale of the battery purchased. All unredeemed 
        deposits shall inure to the benefit of the retailer. The used 
        lead-acid batteries shall be accepted at the place where lead-
        acid batteries are offered for sale.
    ``(g) Collection Requirements for Wholesalers.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this subsection, a person who 
        sells, or offers for sale, lead-acid batteries at wholesale 
        (referred to in this section as a `wholesaler') shall accept 
        from customers used lead-acid batteries of the same general 
        type as the batteries sold and in a quantity approximately 
        equal to the number of batteries sold.
            ``(2) Wholesaler who sells lead-acid batteries to a 
        retailer.--In the case of a wholesaler who sells, or offers for 
        sale, lead-acid batteries to a retailer, the wholesaler shall 
        also provide for removing used lead-acid batteries at the place 
        of business of the retailer. Unless the quantity of batteries 
        to be removed is less than 5, the removal shall occur not later 
        than 90 days after the retailer notifies the wholesaler of the 
        existence of the used lead-acid batteries for removal. If the 
        quantity of batteries to be removed is less than 5, the 
        wholesaler shall remove the batteries not later than 180 days 
        after the notification referred to in the preceding sentence.
    ``(h) Collection Requirements for Manufacturers.--Beginning on the 
date that is 1 year after the date of enactment of this subsection, a 
person who manufactures lead-acid batteries shall accept from customers 
used lead-acid batteries of the same general type as the batteries sold 
and in a quantity approximately equal to the number of batteries sold.
    ``(i) Written Notice Requirements for Retailers.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this subsection, a person who 
        sells, or offers for sale, lead-acid batteries at retail shall 
        post written notice that--
                    ``(A) is clearly visible in a public area of the 
                establishment in which the lead-acid batteries are sold 
                or offered for sale;
                    ``(B) is at least 8\1/2\ inches by 11 inches in 
                size; and
                    ``(C) contains the following language:
                            ``(i) `It is illegal to throw away a motor 
                        vehicle battery or other lead-acid battery.'.
                            ``(ii) `Recycle your used batteries.'.
                            ``(iii) `Federal law requires battery 
                        retailers to accept used lead-acid batteries 
                        for recycling when a battery is purchased.'.
                            ``(iv) `Federal law allows you to sell or 
                        return used batteries to an authorized battery 
                        collector, recycler, or processor, or to an 
                        automotive dismantler.'.
            ``(2) Failure to post notice.--Any person who, after 
        receiving a written warning by the Administrator, fails to post 
        a notice required under paragraph (1) shall, notwithstanding 
        section 16, be subject to a civil penalty in an amount not to 
        exceed $1,000 per day.
    ``(j) Lead-Acid Battery Labeling Requirements.--
            ``(1) In general.--Beginning on the date that is 18 months 
        after the date of enactment of this subsection, it shall be 
        unlawful for any lead-acid battery manufacturer to sell, or 
        offer for sale, any lead-acid battery that does not bear a 
        permanent label that contains the statements required under 
        paragraph (3).
            ``(2) Sales.--Beginning on the date that is 2 years after 
        the date of enactment of this subsection, it shall be unlawful 
        to sell a lead-acid battery that does not bear a permanent 
        label that contains the statements required under paragraph 
        (3).
            ``(3) Labels.--A label described in paragraph (1) or (2) 
        shall be considered to be consistent with the requirements of 
        this section if the label--
                    ``(A) identifies that the lead-acid battery 
                contains lead; and
                    ``(B) contains the following statements:
                            ``(i) `Federal law requires recycling.'.
                            ``(ii) `Retailers must accept in 
                        exchange.'.
            ``(4) Recycling symbols.--Nothing in this section shall be 
        interpreted as prohibiting the display on the label of a lead-
        acid battery of a recycling symbol (as defined by the 
        Administrator) or other information intended to encourage 
        recycling.
    ``(k) Publication of Notice.--Not later than 180 days after the 
date of enactment of this subsection, the Administrator shall publish 
in the Federal Register a notice of the requirements of this section 
and such other related information as the Administrator determines to 
be appropriate.
    ``(l) Warnings and Citations.--The Administrator may issue a 
warning or citation (or both) to any person who fails to comply with 
any provision of this section.
    ``(m) Export for Purposes of Recycling.--Notwithstanding any other 
provision of this section, any person may export any used lead-acid 
battery for the purpose of recycling.
    ``(n) Definition.--As used in this section, the term `lead-acid 
battery' means a battery that--
            ``(1) consists of lead and sulfuric acid;
            ``(2) is used as a power source; and
            ``(3) is not a rechargeable battery, as defined in section 
        407.

``SEC. 407. MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT.

    ``(a) Definitions.--As used in this section:
            ``(1) Battery pack.--The term `battery pack' means any 
        combination of rechargeable batteries containing 1 or more 
        regulated batteries that commonly has wire leads, terminals, 
        and dielectric housing.
            ``(2) Button cell.--The term `button cell', used with 
        respect to a battery, means any button-shaped or coin-shaped 
        battery.
            ``(3) Easily removable.--The term `easily removable', used 
        with respect to a rechargeable battery or battery pack, means 
        the battery or battery pack is detachable or removable from a 
        rechargeable consumer product by a consumer with the use of 
        common household tools at the end of the life of the battery or 
        battery pack.
            ``(4) Mercuric-oxide battery.--The term `mercuric-oxide 
        battery' means a battery that uses a mercuric-oxide electrode.
            ``(5) Rechargeable battery.--The term `rechargeable 
        battery'--
                    ``(A) means any type of enclosed device or sealed 
                container consisting of 1 or more voltaic or galvanic 
                cells, electrically connected to produce electric 
                energy, that is designed to be recharged for repeated 
                uses; and
                    ``(B) does not include--
                            ``(i) any lead-acid battery used to start 
                        an internal combustion engine or as the 
                        principal electrical power source for a 
                        vehicle, such as an automobile, a truck, 
                        construction equipment, a motorcycle, a garden 
                        tractor, a golf cart, a wheelchair, or a boat;
                            ``(ii) any lead-acid battery used for load 
                        leveling or for the storage of electricity 
                        generated by an alternative energy source, such 
                        as a solar cell or wind driven generator;
                            ``(iii) any battery used as a backup power 
                        source for memory or program instruction 
                        storage, timekeeping, or any similar purpose 
                        that requires uninterrupted electrical power in 
                        order to function if the primary energy supply 
                        fails or fluctuates momentarily; and
                            ``(iv) any alkaline battery.
            ``(6) Rechargeable consumer product.--The term 
        `rechargeable consumer product'--
                    ``(A) means any product that when sold at retail 
                includes a regulated battery as a primary energy supply 
                and that is primarily intended for personal or 
                household use; and
                    ``(B) does not include any product that uses a 
                battery solely as a backup power source for memory or 
                program instruction storage, timekeeping, or any 
                similar purpose that requires uninterrupted electrical 
                power in order to function if the primary energy supply 
                fails or fluctuates momentarily.
            ``(7) Regulated battery.--The term `regulated battery' 
        means any rechargeable battery that--
                    ``(A) contains a cadmium or a lead electrode or any 
                combination of cadmium and lead electrodes; or
                    ``(B) has another electrode chemistry and is the 
                subject of a determination by the Administrator 
                pursuant to subsection (b)(5).
            ``(8) Remanufactured product.--The term `remanufactured 
        product' means a rechargeable consumer product that has been 
        altered by the replacement of a part, repackaged, or repaired, 
        after initial sale by the original manufacturer.
    ``(b) Rechargeable Consumer Products and Labeling.--
            ``(1) Prohibition.--
                    ``(A) In general.--No person shall sell to an end 
                user for use in the United States a regulated battery 
                or rechargeable consumer product manufactured on or 
                after the date that is 1 year after the date of 
                enactment of this subsection, unless--
                            ``(i) the regulated battery--
                                    ``(I) is easily removable from the 
                                rechargeable consumer product;
                                    ``(II) is contained in a battery 
                                pack that is easily removable from the 
                                product; or
                                    ``(III) is sold separately from the 
                                product; and
                            ``(ii) the rechargeable consumer product 
                        and the regulated battery are labeled in 
                        accordance with paragraph (2).
                    ``(B) Application.--Subparagraph (A) shall not 
                apply to--
                            ``(i) the sale of a remanufactured product 
                        unless subparagraph (A) applied to the sale of 
                        the product when originally manufactured; and
                            ``(ii) a product intended for export 
                        purposes only.
            ``(2) Labeling.--Each regulated battery, battery pack, or 
        rechargeable consumer product without an easily removable 
        battery or battery pack, manufactured on or after the date that 
        is 1 year after the date of enactment of this subsection, 
        whether produced domestically or imported, shall be labeled 
        with--
                    ``(A)(i) 3 chasing arrows or a comparable recycling 
                symbol;
                    ``(ii) proximate to such arrows or symbol--
                            ``(I) on each nickel-cadmium battery or 
                        battery pack, the chemical name or the 
                        abbreviation `Ni-Cd'; and
                            ``(II) on each lead-acid battery or battery 
                        pack, `Pb' or the words `LEAD', `RETURN', and 
                        `RECYCLE'; and
                    ``(iii) on each regulated battery or battery pack, 
                the phrase `NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR 
                DISPOSED OF PROPERLY.' or `SEALED LEAD BATTERY. BATTERY 
                MUST BE RECYCLED.', as applicable;
                    ``(B) on each rechargeable consumer product without 
                an easily removable battery or battery pack, the phrase 
                `CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE 
                RECYCLED OR DISPOSED OF PROPERLY.' or `CONTAINS SEALED 
                LEAD BATTERY. BATTERY MUST BE RECYCLED.', as 
                applicable; and
                    ``(C) on the packaging of each rechargeable 
                consumer product, and the packaging of each regulated 
                battery or battery pack sold separately from such a 
                product, unless the relevant label is clearly visible 
                through the packaging, the phrase `CONTAINS NICKEL-
                CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED 
                OF PROPERLY.' or `CONTAINS SEALED LEAD BATTERY. BATTERY 
                MUST BE RECYCLED.'.
            ``(3) Existing labeling.--
                    ``(A) Substantial compliance.--For a period of 2 
                years after the date of enactment of this subsection, 
                regulated batteries and battery packs, rechargeable 
                consumer products containing regulated batteries, and 
                rechargeable consumer product packages, that are 
                labeled in substantial compliance with paragraph (2) 
                shall be deemed to comply with the labeling 
                requirements of paragraph (2).
                    ``(B) Different label.--Upon application by a 
                person subject to the labeling requirements of 
                paragraph (2) or the labeling requirements promulgated 
                by the Administrator under paragraph (5), the 
                Administrator may approve a different label and certify 
                that the different label meets the requirements of 
                paragraph (2) or (5), respectively, if the different 
                label--
                            ``(i) is substantially similar to the label 
                        required under paragraph (2) or (5), 
                        respectively; or
                            ``(ii) conforms with a recognized 
                        international standard and is consistent with 
                        the overall purposes of this section.
            ``(4) Point of sale information.--Any retail establishment 
        that offers for sale any battery, battery pack, or product 
        subject to the labeling requirements of paragraph (2) or the 
        labeling requirements promulgated by the Administrator under 
        paragraph (5), shall display, in a manner visible to a 
        consumer, a written notice that informs the consumer that 
        regulated batteries and battery packs, whether sold separately 
        or in rechargeable consumer products, shall be recycled or 
        disposed of properly.
            ``(5) Rulemaking authority of the administrator.--
                    ``(A) In general.--If the Administrator determines 
                that other rechargeable batteries having electrode 
                chemistries different from regulated batteries 
                described in subsection (a)(7)(A) are toxic and may 
                cause substantial harm to human health and the 
                environment if discarded into the solid waste stream 
                for land disposal or incineration, the Administrator 
                may, with the advice and counsel of State regulatory 
                authorities and manufacturers of rechargeable 
                batteries, battery packs, and rechargeable consumer 
                products, and after public comment--
                            ``(i) promulgate labeling requirements for 
                        the batteries with different electrode 
                        chemistries, battery packs containing the 
                        batteries, rechargeable consumer products 
                        containing the batteries that are not easily 
                        removable batteries, and packaging for the 
                        products; and
                            ``(ii) promulgate easily-removable design 
                        requirements for rechargeable consumer products 
                        designed to contain the batteries or battery 
                        packs.
                    ``(B) Substantial similarity.--The regulations 
                promulgated pursuant to subparagraph (A) shall be 
                substantially similar to the requirements set forth in 
                paragraphs (1) and (2).
            ``(6) Uniformity.--After the effective dates of a 
        requirement set forth in paragraph (1), (2), or (3) or a 
        regulation promulgated by the Administrator under paragraph 
        (5), no Federal agency, State, or political subdivision of a 
        State may enforce any easy removability or environmental 
        labeling requirement for a rechargeable battery, battery pack, 
        or rechargeable consumer product that is not identical to the 
        requirement or regulation.
            ``(7) Exemptions.--
                    ``(A) In general.--With respect to any rechargeable 
                consumer product, any person may submit an application 
                to the Administrator for an exemption from the 
                requirements of paragraph (1) in accordance with the 
                procedures under subparagraph (B). The application 
                shall include--
                            ``(i) a statement of the specific basis for 
                        the request for the exemption; and
                            ``(ii) the name, business address, and 
                        telephone number of the applicant.
                    ``(B) Granting of exemption.--Not later than 60 
                days after receipt of an application under subparagraph 
                (A), the Administrator shall approve or deny the 
                application. Upon approval of the application, the 
                Administrator shall grant an exemption to the 
                applicant. The exemption shall be issued for a period 
                of time that the Administrator determines to be 
                appropriate, except that the period shall not exceed 2 
                years. The Administrator shall grant an exemption on 
                the basis of evidence supplied to the Administrator 
                that the manufacturer has been unable to commence 
                manufacturing the rechargeable consumer product in 
                compliance with this subsection and with an equivalent 
                level of product performance without the product--
                            ``(i) resulting in danger to human health, 
                        safety, or the environment; or
                            ``(ii) violating requirements for approvals 
                        from governmental agencies or widely recognized 
                        private standard-setting organizations 
                        (including Underwriters Laboratories).
                    ``(C) Renewal of exemption.--A person granted an 
                exemption under subparagraph (B) may apply for a 
                renewal of the exemption in accordance with the 
                requirements and procedures described in subparagraphs 
                (A) and (B). The Administrator may grant a renewal of 
                such an exemption for a period of not more than 2 years 
                after the date of granting of the renewal.
    ``(c) Requirements.--For the purposes of carrying out the 
collection, storage, transportation, recycling, or proper disposal of 
used rechargeable batteries, used battery packs, and used rechargeable 
consumer products containing rechargeable batteries that are not easily 
removable rechargeable batteries, persons involved in collecting, 
storing, or transporting such batteries, battery packs, or products to 
a facility for recycling or proper disposal shall be subject, in the 
same manner and with the same limitations, to the same requirements as 
would apply if the persons were collecting, storing, or transporting 
batteries subject to subpart G of part 266 of title 40, Code of Federal 
Regulations, as in effect on January 1, 1993, notwithstanding any 
regulations adopted pursuant to a grant of authority to a State under 
section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926).
    ``(d) Cooperative Efforts.--Notwithstanding any other provision of 
law, if 2 or more persons who participate in projects or programs to 
collect and properly manage used rechargeable batteries, used battery 
packs, or used rechargeable consumer products advise the Administrator 
of their intent, the persons may agree to develop jointly, or to share 
in the costs of participating in, such a project or program and to 
examine and rely upon such cost information as is collected during the 
project or program.
    ``(e) Report to Congress.--
            ``(1) Report deadlines in general.--Not later than 3 years 
        after the date of enactment of this subsection, the 
        Administrator, after consultation with and obtaining relevant 
        industrywide data from the States, environmental and consumer 
        groups, and organizations representing rechargeable battery 
        manufacturers, rechargeable consumer product manufacturers, and 
        retailers, and after conducting a public hearing and 
        considering public comment, shall submit to Congress a report 
        that provides the information specified in paragraph (2). In 
        collecting information for the report, the Administrator shall 
        coordinate with such States, environmental and consumer groups, 
        and organizations to minimize the frequency and scope of any 
        reporting requirements associated with the manufacture, sale, 
        or collection of regulated batteries.
            ``(2) Content of report.--The report described in paragraph 
        (1) shall include each of the following:
                    ``(A) A review of the activities carried out by the 
                entities listed in paragraph (1) with respect to the 
                labeling, collection, transportation, recycling, and 
                disposal of regulated batteries.
                    ``(B) An estimate, for the period beginning on the 
                date of enactment of this subsection and ending on the 
                date of preparation of the report, of the number of 
                regulated batteries entering the solid waste stream for 
                disposal in incinerators, landfills, and municipal 
                solid waste facilities.
                    ``(C) A review of the recycling and reclamation 
                rates for regulated batteries.
                    ``(D) A review of the availability of permitted 
                facilities sufficient to handle the current and 
                projected volume of used regulated batteries, along 
                with a complete evaluation of potential regulatory 
                impediments to management options.
                    ``(E) A list of entities involved in the production 
                and distribution of regulated batteries or rechargeable 
                consumer products and participating in programs for the 
                collection of regulated batteries.
                    ``(F) A list of entities involved in the production 
                and distribution of regulated batteries or rechargeable 
                consumer products, excluding retailers, that are not 
                participating in programs for the collection of 
                regulated batteries. In formulating the list, the 
                Administrator shall not require any participant to 
                report the name of any such nonparticipant. Prior to 
                listing any entity as such a nonparticipant, the 
                Administrator shall determine that the entity should be 
                a participant, and independently verify with the entity 
                that the entity is not a participant.
            ``(3) Frequency of report.--Not later than 2 years after 
        publication of the report required in paragraph (1), and every 
        2 years thereafter, the Administrator shall issue a report that 
        provides an update of the information specified in paragraph 
        (2).
    ``(f) Limitations on the Sale of Alkaline-Manganese Batteries 
Containing Mercury.--No person shall sell, offer for sale, or offer for 
promotional purposes any alkaline-manganese battery manufactured on or 
after January 1, 1996, with a mercury content that was intentionally 
introduced (as distinguished from mercury that may be incidentally 
present in other materials), except that the limitation on mercury 
content in alkaline-manganese button cell batteries shall be 25 
milligrams of mercury per button cell battery.
    ``(g) Limitations on the Sale of Zinc Carbon Batteries Containing 
Mercury.--No person shall sell, offer for sale, or offer for 
promotional purposes any zinc carbon battery manufactured on or after 
January 1, 1995, that contains any mercury that was intentionally 
introduced as described in subsection (f).
    ``(h) Limitations on the Sale of Button Cell Mercuric-Oxide 
Batteries.--No person shall sell, offer for sale, or offer for 
promotional purposes any button cell mercuric-oxide battery on or after 
January 1, 1995.
    ``(i) Limitations on the Sale of Mercuric-Oxide Batteries.--No 
person shall sell, offer for sale, or offer for promotional purposes 
any mercuric-oxide battery on or after January 1, 1997.
    ``(j) Information Dissemination.--In consultation with 
representatives of rechargeable battery manufacturers, rechargeable 
consumer product manufacturers, and retailers, the Administrator shall 
establish a program to provide information to the public concerning the 
proper handling and disposal of used regulated batteries and used 
rechargeable consumer products without easily removable batteries.
    ``(k) Enforcement.--For the purposes of this section:
            ``(1) Whenever on the basis of any information the 
        Administrator determines that any person has violated or is in 
        violation of any requirement of this section, the Administrator 
        may issue an order assessing a civil penalty for any past or 
        current violation, requiring compliance immediately or within a 
        reasonable specified time period, or both, or the Administrator 
        may commence a civil action in the United States district court 
        in the district in which the violation occurred for appropriate 
        relief, including a temporary or permanent injunction.
            ``(2) Any order issued pursuant to this subsection shall 
        state with reasonable specificity the nature of the violation. 
        Any penalty assessed in the order shall not exceed $10,000 for 
        each such violation. In assessing such a penalty, the 
        Administrator shall take into account the seriousness of the 
        violation and any good faith efforts to comply with applicable 
        requirements.
            ``(3) Any order issued under this subsection shall become 
        final unless, not later than 30 days after the order is served, 
        the person or persons named in the order request a public 
        hearing. If such a request is made, the Administrator shall 
        promptly conduct a public hearing. In connection with any 
        proceeding under this subsection, the Administrator may issue 
        subpoenas for the attendance and testimony of witnesses and the 
        production of relevant papers, books, and documents.
            ``(4) If a violator fails to take corrective action within 
        the time period specified in a compliance order issued under 
        this subsection, the Administrator may assess a civil penalty 
        of not more than $10,000 for the continued noncompliance with 
        the order.
    ``(l) Information Gathering and Access.--For the purposes of this 
section:
            ``(1) Any person who is required to comply with this 
        section, including--
                    ``(A) a regulated battery manufacturer;
                    ``(B) a rechargeable consumer product manufacturer;
                    ``(C) a mercury-containing battery manufacturer; 
                and
                    ``(D) an authorized agent of a manufacturer 
                described in subparagraph (A), (B), or (C);
        shall establish and maintain such records and report such 
        information as the Administrator may by rule reasonably require 
        to carry out this section.
            ``(2) The Administrator, or an authorized representative of 
        the Administrator upon presentation of credentials, may at 
        reasonable times have access to and copy any records required 
        to be maintained under paragraph (1).
            ``(3) The Administrator shall maintain the confidentiality 
        of such records or information maintained or reported under 
        this subsection as contain proprietary information.
    ``(m) State Authority.--Except as provided in subsection (b)(6), or 
as provided in subsection (c), (relating to requirements and the 
labeling of rechargeable batteries, battery packs, or rechargeable 
consumer products or packages containing the products), nothing in this 
section shall be construed so as to prohibit a State from enacting and 
enforcing a standard or requirement that is more stringent than a 
standard or requirement established or promulgated under this section.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.

SEC. 107. LEAD CONTAMINATION IN SCHOOLS AND DAY CARE FACILITIES.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 407, as added by section 106 of this Act, the following 
new section:

``SEC. 408. LEAD CONTAMINATION IN SCHOOLS AND DAY CARE FACILITIES.

    ``(a) Definitions.--As used in this subsection:
            ``(1) Covered day care facility.--The term `covered day 
        care facility' means the interior and exterior of any building 
        constructed before 1980 that is used as a day care facility 
        that regularly provides day care services for children in 
        kindergarten or younger children.
            ``(2) Covered school.--The term `covered school' means the 
        interior and exterior of any building constructed before 1980 
        that is used--
                    ``(A) as an elementary school (as defined in 
                section 1471(8) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 2891(8))); or
                    ``(B) as a kindergarten that regularly provides 
                education for children in kindergarten or younger 
                children.
            ``(3) Day care facility.--The term `day care facility' 
        means any portion of a facility used for day care for children 
        in kindergarten or younger children and owned or operated by a 
        person that provides the day care for compensation, and that--
                    ``(A) is licensed or regulated under State law for 
                day care purposes; or
                    ``(B) receives Federal funds for day care purposes.
            ``(4) Lead hazard.--The term `lead hazard' means--
                    ``(A) lead-based paint that is chipping, peeling, 
                flaking, or chalking;
                    ``(B) any surface coated with lead-based paint that 
                is subject to abrasion;
                    ``(C) any surface coated with lead-based paint that 
                can be mouthed by a child under 6 years of age; and
                    ``(D) interior dust that contains a dangerous level 
                of lead, as identified by the Administrator.
            ``(5) Lead inspection.--The term `lead inspection' means an 
        inspection to detect the presence of any lead-based paint or 
        lead hazard.
            ``(6) Local education agency.--The term `local education 
        agency' means--
                    ``(A) any local educational agency (as defined in 
                section 1471(12) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 2891(12)));
                    ``(B) the owner of any private nonprofit elementary 
                or secondary school building; and
                    ``(C) the governing authority of any school 
                operating under the defense dependents' education 
                system provided for under the Defense Dependents' 
                Education Act of 1978 (20 U.S.C. 921 et seq.).
            ``(7) Owner or operator.--The term `owner or operator', 
        when used with respect to a school, means the local education 
        agency that has jurisdiction over the school.
            ``(8) Significant use.--The term `significant use' means 
        use by more than 1 child at least 2 times per week, and for a 
        total period of at least 2 hours per week.
    ``(b) Covered Schools and Covered Day Care Facilities.--
            ``(1) In general.--Except as provided in subsection (d)(4), 
        not later than 3 years after the date of enactment of this 
        subsection, the Administrator shall promulgate regulations that 
        shall be adequate to carry out this section and be consistent 
        with other regulations promulgated by the Administrator under 
        this title.
            ``(2) Regulations.--Pursuant to paragraph (1), the 
        Administrator shall promulgate regulations that require each 
        State that receives a grant under subsection (d) to--
                    ``(A) not later than 3 years after the date of 
                promulgation of the regulations or the date on which 
                amounts are allotted to the State under subsection 
                (d)(2), whichever is later, conduct--
                            ``(i) an inspection of--
                                    ``(I) each room of each covered 
                                school and covered day care facility 
                                that is used daily or receives 
                                significant use by children in 
                                kindergarten or by younger children to 
                                detect interior lead-based paint and an 
                                inspection of each covered school that 
                                is chipping, peeling, flaking, or 
                                chalking; and
                                    ``(II) each covered school and 
                                covered day care facility to detect 
                                exterior lead-based paint; and
                            ``(ii) an inspection of each room at each 
                        covered school and covered day care facility 
                        that is used daily or receives significant use 
                        by children in kindergarten or by younger 
                        children for the purpose of detecting any lead-
                        based paint or interior dust in the rooms of 
                        the school or day care facility that contains a 
                        dangerous level of lead, as identified by the 
                        Administrator pursuant to section 412; and
                    ``(B) prepare a report that includes--
                            ``(i) the results of the inspections 
                        referred to in subparagraph (A); and
                            ``(ii) recommendations as to whether any 
                        lead hazard detected pursuant to an inspection 
                        should be alleviated through encapsulation, in-
                        place management, or other form of abatement.
            ``(3) Ranking.--In conducting inspections of covered 
        schools and covered day care facilities required by paragraph 
        (2), the appropriate official of the State shall--
                    ``(A) rank facilities in the State in order of the 
                severity of the suspected lead hazard of the areas, in 
                accordance with procedures that the Administrator shall 
                establish; and
                    ``(B) give priority to inspecting covered schools 
                and covered day care facilities serving populations at 
                greatest risk.
            ``(4) Procedures.--The procedures referred to in paragraph 
        (3) shall use factors for assessing facilities, including--
                    ``(A) medical evidence regarding the extent of lead 
                poisoning (as determined through lead screening) of 
                children in the area;
                    ``(B) the ages of children in the area;
                    ``(C) the age and condition of school buildings in 
                the area; and
                    ``(D) the age and condition of the housing in the 
                area,
        in order to determine which facilities in the State are most 
        likely to have a lead hazard.
            ``(5) Dissemination of reports.--
                    ``(A) In general.--Each State shall provide to the 
                owner or operator of each covered school and covered 
                day care facility of the State a copy of the report 
                required under paragraph (2)(B).
                    ``(B) Requirements for owners or operators.--
                            ``(i) In general.--Except as provided under 
                        paragraph (6), in each case in which an 
                        inspection conducted pursuant to the 
                        requirements of paragraph (2) indicates the 
                        presence of lead-based paint that poses a lead 
                        hazard, or interior dust containing a dangerous 
                        level of lead (as identified by the 
                        Administrator pursuant to section 412) at a 
                        covered school or covered day care facility, 
                        the owner or operator of the covered school or 
                        covered day care facility shall, not later than 
                        60 days after receiving the report under 
                        subparagraph (A), provide a copy of risk 
                        disclosure information that meets the 
                        requirements of subparagraph (C) to all 
                        teachers and other school personnel and parents 
                        (or guardians) of children attending the 
                        covered school or covered day care facility 
                        concerned.
                            ``(ii) Notification to new personnel 
                        members and parents and guardians of new 
                        students.--During such time as lead-based 
                        paint, or interior dust containing a dangerous 
                        level of lead (as identified by the 
                        Administrator pursuant to section 412), 
                        continues to be present at the covered school 
                        or covered day care facility, the owner or 
                        operator of the covered school or covered day 
                        care facility shall also provide the risk 
                        disclosure information referred to in clause 
                        (i) to newly hired teachers and other personnel 
                        and parents (or guardians) of newly enrolled 
                        children.
                            ``(iii) No cause of action.--The failure of 
                        a teacher or other school personnel member of a 
                        covered school or covered day care facility, or 
                        parent (or guardian) of a child (including a 
                        newly enrolled child) attending a covered 
                        school or covered day care facility, to receive 
                        a copy of the risk disclosure information shall 
                        not constitute a cause of action under this 
                        subsection.
                    ``(C) Risk disclosure.--
                            ``(i) In general.--As part of the 
                        regulations required under paragraph (2), the 
                        Administrator shall prescribe the contents of 
                        the risk disclosure information required to be 
                        provided to the persons specified in the 
                        regulations.
                            ``(ii) Contents of risk disclosure 
                        information.--The information shall include 
                        each of the following, with respect to each 
                        covered school or covered day care facility:
                                    ``(I) A summary of the results of 
                                the inspection conducted pursuant to 
                                paragraph (2).
                                    ``(II) A description of the risks 
                                of lead exposure to children in 
                                kindergarten and younger children, 
                                teachers, and other personnel at the 
                                covered school or covered day care 
                                facility that takes into account the 
                                accessibility of lead-based paint or 
                                interior dust containing a dangerous 
                                level of lead (as identified by the 
                                Administrator pursuant to section 412) 
                                to children in kindergarten and younger 
                                children, and other factors that the 
                                Administrator determines to be 
                                appropriate.
                                    ``(III) A description of any 
                                abatement undertaken, or to be 
                                undertaken, by the owner or operator.
                    ``(D) Method of providing information.--An owner or 
                operator of a covered school or covered day care 
                facility may provide the risk disclosure information to 
                the parents (or guardians) of the children attending 
                the covered school or covered day care facility 
                concerned in the same manner as written materials are 
                regularly delivered to the parents (or guardians).
            ``(6) Exemption from notice requirement.--An owner or 
        operator of a covered school or covered day care facility shall 
        not be required to provide notification under paragraph (5) if, 
        not later than 180 days prior to the date on which the 
        notification would otherwise be required--
                    ``(A) the owner, operator, or the State performs 
                encapsulation, in-place management or other form of 
                abatement;
                    ``(B) the State conducts a reinspection; and
                    ``(C) the owner or operator obtains a report from 
                the State that shows that--
                            ``(i) the lead-based paint that poses a 
                        lead hazard; and
                            ``(ii) any interior dust containing a 
                        dangerous level of lead, as identified by the 
                        Administrator,
                have been removed, encapsulated, or managed in place.
            ``(7) Availability of certain reports.--In lieu of 
        notification under paragraph (5), an owner or operator that 
        elects to perform encapsulation, in-place management, or other 
        form of abatement under this subsection shall--
                    ``(A) make a copy of the inspection reports for 
                inspections conducted pursuant to this subsection 
                available in each administrative office of the owner or 
                operator; and
                    ``(B) notify parent, teacher, and employee 
                organizations of the availability of the reports.
    ``(c) Renovated Areas.--With respect to each renovation of a 
covered school or covered day care facility that commences on or after 
the date that is 1 year after the date of promulgation of a regulation 
under subsection (b)(2), for each covered school or covered day care 
facility in which a renovation will be undertaken, the owner or 
operator of the covered school or covered day care facility or the 
State (on the request of the owner or operator) shall, prior to the 
renovation--
            ``(1) conduct an inspection of the area to be renovated to 
        detect any lead-based paint that could be disturbed as a result 
        of the renovation; and
            ``(2) take any action that is necessary to ensure that the 
        renovation does not result in a dangerous level of lead (as 
        identified by the Administrator pursuant to section 412), in 
        interior dust.
    ``(d) Federal Assistance.--
            ``(1) In general.--
                    ``(A) Grants.--The Administrator shall make grants 
                to States for the purposes of testing, at covered 
                schools and covered day care facilities, for--
                            ``(i) lead-based paint that poses a lead 
                        hazard; and
                            ``(ii) interior dust containing a dangerous 
                        level of lead (as identified by the 
                        Administrator pursuant to section 412).
                    ``(B) Use of grant award.--A grant awarded pursuant 
                to this subsection may be used by a State only to cover 
                expenses incurred by the State after the date of 
                enactment of this subsection for lead hazard inspection 
                in covered schools and covered day care facilities.
            ``(2) Allotment.--For each fiscal year, from amounts 
        appropriated pursuant to the authorization under subsection 
        (j), the Administrator shall allot to each State for the 
        purpose of making grants under this subsection, an amount that 
        bears the same ratio to the appropriated amounts as the number 
        of children under 7 years of age in the State bears to the 
        number of children under age 7 in all States.
            ``(3) Reallotment.--If the Administrator determines that 
        the amount of the allotment of any State determined under 
        paragraph (2) for any fiscal year will not be required for 
        carrying out the program for which the amount has been 
        allotted, the Administrator shall make the amount available for 
        reallotment.
            ``(4) Reservation by state.--For each fiscal year, from the 
        amounts allotted to a State under paragraph (2), the State 
        shall reserve not more than 5 percent of the amounts for 
        administrative costs.
            ``(5) Limitation on requirement.--
                    ``(A) In general.--Except as provided in paragraph 
                (6), the Administrator shall require each State to 
                fulfill the requirements of subsection (b) relating to 
                inspections only to the extent that assistance under 
                this section is available to cover the costs of the 
                inspections.
                    ``(B) Requirements for regulations.--
                            ``(i) In general.--With respect to any 
                        State that fails to carry out an applicable 
                        requirement under subsection (b), the 
                        Administrator shall take such action as may be 
                        necessary to ensure that the State meets all 
                        applicable requirements of subsection (b) not 
                        later than 2 years after the first day on which 
                        the cumulative total of all amounts 
                        appropriated to the States pursuant to the 
                        authorization under subsection (j) equals or 
                        exceeds $90,000,000.
                            ``(ii) Plan.--With respect to any State 
                        that fails to--
                                    ``(I) submit to the Administrator, 
                                by the date that is 6 years after the 
                                date of enactment of this subsection, a 
                                plan that the Administrator determines 
                                adequate to complete all applicable 
                                requirements of subsection (b) by not 
                                later than 8 years after the date of 
                                enactment of this subsection; or
                                    ``(II) implement the plan referred 
                                to in subclause (I),
                        the Administrator shall ensure that the actions 
                        are completed within the 8-year period referred 
                        to in subclause (I), or by not later than 9 
                        years after the date of enactment of this 
                        subsection, in the case of any State that fails 
                        to implement the plan.
            ``(6) Requirement for payments.--No payments shall be made 
        under this section for any fiscal year to a State unless the 
        Administrator determines that the aggregate expenditures of the 
        State for comparable lead inspection programs for the year 
        equaled or exceeded the aggregate expenditures for the most 
        recent fiscal year for which data is available.
            ``(7) Statutory construction.--Nothing in this section is 
        intended to prohibit the expenditure of Federal funds for the 
        purposes authorized under this section in or by sectarian 
        institutions. No provision of law (including a State 
        constitution or State law) shall be construed to prohibit the 
        expenditure in or by sectarian institutions of any Federal 
        funds provided under this section. Except as provided in the 
        preceding sentence, nothing in this section is intended to 
        supersede or modify any provision of State law that prohibits 
        the expenditure of public funds in or by sectarian 
        institutions.
    ``(e) Public Protection.--No owner or operator of a covered school 
or covered day care facility may discriminate against a person on the 
basis that the person provided information relating to a potential 
violation of this section to any other person, including a State or the 
Administrator.
    ``(f) Penalties.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, the amount of any penalty that may be assessed for a 
        violation of this section pursuant to section 16 shall not 
        exceed an amount equal to $5,000 for each day during which the 
        violation of this section continues.
            ``(2) Manner of assessment.--Any civil penalty under this 
        subsection shall be assessed and collected in the same manner, 
        and subject to the same provisions, as for civil penalties 
        assessed and collected under section 16.
            ``(3) Violation defined.--As used in this subsection, the 
        term `violation' means a failure to comply with a requirement 
        of this section with respect to a single covered school or 
        covered day care facility.
    ``(g) Use of Penalties.--In any action against a State or an owner 
or operator (or both) of a covered school or covered day care facility 
for a violation of this section, the court shall have the discretion to 
order that any civil penalty collected under this section be used by 
the State or the owner or operator (or both) for the cost of inspection 
and reporting, as required under subsection (b)(2), or lead-based paint 
abatement activities undertaken for the purpose of complying with this 
title (or both).
    ``(h) Inspections.--An inspection required under this section and 
any abatement performed in lieu of notification under this section 
shall be carried out by a lead-based paint abatement contractor who is 
in compliance with certification requirements under applicable Federal 
law.
    ``(i) Annual Reports to Administrator.--Each State shall, not later 
than 1 year after receiving assistance under this section, and annually 
thereafter, submit to the Administrator an annual report. The report 
shall include, with respect to the State--
            ``(1) a description of the manner in which the assistance 
        provided under this section was used;
            ``(2) the number of covered schools and covered day care 
        facilities affected by the assistance;
            ``(3) an estimate of the number of children served by the 
        covered schools and covered day care facilities;
            ``(4) an estimate of the magnitude and cost of future 
        efforts required to carry out this section; and
            ``(5) any other information the Administrator may require.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $30,000,000 for the fiscal year 1995;
            ``(2) $30,000,000 for the fiscal year 1996; and
            ``(3) $30,000,000 for the fiscal year 1997.''.

SEC. 108. BLOOD-LEAD AND OTHER ABATEMENT AND MEASUREMENT PROGRAMS.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 408, as added by section 107 of this Act, the following 
new section:

``SEC. 409. BLOOD-LEAD AND OTHER ABATEMENT AND MEASUREMENT PROGRAMS.

    ``(a) Standards for Blood Analysis Laboratories.--
            ``(1) In general.--
                    ``(A) Standards for laboratory analysis.--The 
                Secretary of Health and Human Services (referred to in 
                this subsection as the `Secretary'), acting through the 
                Director of the Centers for Disease Control, shall 
                establish protocols, criteria, and minimum performance 
                standards for the laboratory analysis of lead in blood.
                    ``(B) Certification program.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) and paragraph (4), not later than 
                        18 months after the date of enactment of this 
                        subsection, the Secretary shall establish a 
                        certification program to ensure the quality and 
                        consistency of laboratory analyses.
                            ``(ii) Exemption.--If the Secretary 
                        determines, by the date specified in 
                        subparagraph (A), that effective voluntary 
                        accreditation programs are in place and 
                        operating on a nationwide basis at the time of 
                        the determination, the Secretary shall not be 
                        required to establish the certification program 
                        referred to in clause (i).
            ``(2) Reporting requirement.--The quality control program 
        established by the Secretary under this subsection shall 
        provide for the reporting of the results of blood-lead analyses 
        to the Director of the Centers for Disease Control on an 
        ongoing basis. Each report prepared pursuant to this paragraph 
        shall be in such form as the Secretary shall require by 
        regulation.
            ``(3) List.--Not later than 2 years after the date of 
        enactment of this subsection, and annually thereafter, the 
        Secretary shall publish and make available to the public a list 
        of certified or accredited blood analysis laboratories.
            ``(4) Review of voluntary accreditation.--
                    ``(A) In general.--If the Secretary determines, 
                under paragraph (1)(B)(ii), that effective voluntary 
                accreditation programs are in effect for blood analysis 
                laboratories, the Secretary shall review the 
                performance and effectiveness of the programs not later 
                than 3 years after the date of the determination, and 
                every 3 years thereafter.
                    ``(B) Effect of negative determination.--If, on 
                making a review under this paragraph, the Secretary 
                determines that the voluntary accreditation programs 
                reviewed are not effective in ensuring the quality and 
                consistency of laboratory analyses, the Secretary 
                shall, not later than 1 year after the date of the 
                determination, establish a certification program that 
                meets the requirements of paragraph (1)(B).
    ``(b) Classification of Abatement Wastes.--Not later than 6 months 
after the date of enactment of this subsection, the Administrator shall 
issue guidelines for the management of lead-based paint abatement 
debris. The guidelines shall describe steps for segregating wastes from 
lead-based paint abatement projects in order to minimize the volume of 
material qualifying as hazardous solid waste.
    ``(c) Soil Lead Guidelines.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator shall issue 
        guidelines concerning--
                    ``(A) action levels for lead in soil; and
                    ``(B) mitigation recommendations.
            ``(2) Requirements for guidelines.--The guidelines under 
        this subsection establishing action levels and mitigation 
        recommendations shall take into account different soil types, 
        land uses, and other site-related characteristics affecting 
        lead exposure conditions and levels of lead in blood.
    ``(d) Study of Lead in Used Oil.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the Administrator shall 
        conduct a study concerning the effects on the environment and 
        public health of burning used oil.
            ``(2) Report.--On the completion of the study, the 
        Administrator shall submit a report to Congress on the results 
        of the study.
            ``(3) Contents of study.--The study shall include an 
        assessment of--
                    ``(A) the volume of lead in used oil released into 
                the environment, and the sources of the lead 
                contaminants;
                    ``(B) the impact of a variety of approaches to 
                regulation of used oil recycling facilities; and
                    ``(C) such other information as the Administrator 
                determines to be appropriate regarding disposal 
                practices of lead in used oil in use at the time of the 
                study and alternatives to the practices, including the 
                manner in which any detrimental effects on the 
                environment or public health (or both) can be reduced 
                or eliminated by the reduction of lead as a constituent 
                of used oil.
    ``(e) Coordinator for Lead Activities.--Not later than 30 days 
after the date of enactment of this subsection, the Administrator shall 
appoint, from among the employees of the Environmental Protection 
Agency, a Coordinator for Lead Activities to coordinate the activities 
conducted by the Agency (or in conjunction with the Agency) relating to 
the prevention of lead poisoning, the reduction of lead exposure, and 
lead abatement.''.

SEC. 109. ESTABLISHMENT OF NATIONAL CENTERS FOR THE PREVENTION OF LEAD 
              POISONING.

    Title IV (15 U.S.C. 2681 et seq.) is further amended by inserting 
after section 409, as added by section 108 of this Act, the following 
new section:

``SEC. 410. ESTABLISHMENT OF NATIONAL CENTERS FOR THE PREVENTION OF 
              LEAD POISONING.

    ``(a) Establishment and Responsibilities.--
            ``(1) In general.--The Administrator shall establish a 
        grant program to establish 1 or more Centers for the Prevention 
        of Lead Poisoning (referred to in this section as a `Center').
            ``(2) Grants.--The Administrator shall award grants to 1 or 
        more institutions of higher education (as defined in 1201(a) of 
        the Higher Education Act of 1965 (20 U.S.C. 1141(a))) in the 
        United States for the purpose of establishing and funding a 
        Center. Each Center shall assist the Administrator in carrying 
        out this title, including providing for the transfer of 
        technology and serving as a source of information to the 
        general public.
    ``(b) Applications.--The Administrator shall solicit applications 
from institutions of higher education of the United States for the 
establishment of a Center. The application shall be in such form, and 
contain such information, as the Administrator may require by 
regulation.
    ``(c) Selection Criteria.--The Administrator shall select each 
grant recipient from among the applicant institutions referred to in 
subsection (b) in accordance with the following criteria:
            ``(1) The capability of the applicant institution to 
        provide leadership in making national contributions to the 
        prevention of lead poisoning.
            ``(2) The demonstrated capacity of the applicant 
        institution to conduct relevant research.
            ``(3) The appropriateness of the projects proposed to be 
        carried out by the applicant institution.
            ``(4) The assurance of the applicant institution of a 
        commitment of at least $100,000 in budgeted institutional funds 
        to relevant research upon receipt of the grant.
            ``(5) The presence at the applicant institution of an 
        interdisciplinary staff with demonstrated expertise in lead 
        poisoning prevention.
            ``(6) The demonstrated ability of the applicant institution 
        to disseminate the results of relevant research and educational 
        programs through an interdisciplinary continuing education 
        program.
            ``(7) Any other criteria that the Administrator determines 
        to be appropriate.
    ``(d) Federal Share and Duration of Grant.--
            ``(1) Federal share.--The Federal share with respect to a 
        grant under this section shall not exceed an amount equal to 95 
        percent of the cost of establishing and operating a Center and 
        related research activities carried out by the Center.
            ``(2) Duration of grant.--A grant awarded under this 
        section shall be for a period of not more than 2 years.''.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Cross-References.--
            (1) Penalties.--Section 16 (15 U.S.C. 2615) is amended by 
        striking ``409'' each place it appears and inserting ``418''.
            (2) Specific enforcement and seizure.--Section 17(a)(1)(A) 
        (15 U.S.C. 2616(a)(1)(A)) is amended by striking ``409'' and 
        inserting ``418''.
            (3) Authorized state programs.--Section 413, as 
        redesignated by section 101(a), is amended--
                    (A) by striking ``402 or 406'' each place it 
                appears and inserting ``411 or 415''; and
                    (B) in subsection (d), by striking ``402'' and 
                inserting ``411''.
    (b) Authorization of Appropriations.--In section 421, as 
redesignated by section 101(a) of this Act, by striking ``There are 
authorized to be appropriated to carry out the purposes of this title'' 
and inserting ``There are authorized to be appropriated to carry out 
this title (other than sections 403 through 410)''.
    (c) References in Other Acts.--
            (1) Section 302(a)(1)(A) of the Lead-Based Paint Poisoning 
        Prevention Act (42 U.S.C 4822(a)(1)(A)) is amended by striking 
        ``406'' and inserting ``415''.
            (2) Section 1011 of the Residential Lead-Based Paint Hazard 
        Reduction Act of 1992 (42 U.S.C. 4852) is amended--
                    (A) in subsections (e)(5), (g)(1), and (n), by 
                striking ``402'' and inserting ``411''; and
                    (B) in subsection (n), by striking ``404'' and 
                inserting ``413''.
            (3) Section 1018(a)(1)(A) of the Residential Lead-Based 
        Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d(a)(1)(A)) 
        is amended by striking ``406'' and inserting ``415''.

SEC. 111. AMENDMENT TO TABLE OF CONTENTS.

    The table of contents in section 1 of the Act (15 U.S.C. 2601 et 
seq.) is amended by striking the items relating to title IV and 
inserting the following new items:

                  ``TITLE IV--LEAD EXPOSURE REDUCTION

``Sec. 401. Findings and policy.
``Sec. 402. Definitions.
``Sec. 403. Restrictions on continuing uses of certain lead-containing 
                            products.
``Sec. 404. Inventory of lead-containing products and new use 
                            notification procedures.
``Sec. 405. Product labeling.
``Sec. 406. Recycling of lead-acid batteries.
``Sec. 407. Mercury-containing and rechargeable battery management.
``Sec. 408. Lead contamination in schools and day care facilities.
``Sec. 409. Blood-lead and other abatement and measurement programs.
``Sec. 410. Establishment of National Centers for the Prevention of 
                            Lead Poisoning.
``Sec. 411. Lead-based paint activities training and certification.
``Sec. 412. Identification of dangerous levels of lead.
``Sec. 413. Authorized State programs.
``Sec. 414. Lead abatement and measurement.
``Sec. 415. Lead hazard information pamphlet.
``Sec. 416. Regulations.
``Sec. 417. Control of lead-based paint hazards at Federal facilities.
``Sec. 418. Prohibited acts.
``Sec. 419. Relationship to other Federal law.
``Sec. 420. General provisions relating to administrative proceedings.
``Sec. 421. Authorization of appropriations.''.

                        TITLE II--MISCELLANEOUS

SEC. 201. REPORTING OF BLOOD-LEAD LEVELS; BLOOD-LEAD LABORATORY 
              REFERENCE PROJECT.

    (a) Reporting of Blood-Lead Levels.--
            (1) In general.--The Secretary of Health and Human Services 
        (referred to in this section as the ``Secretary''), acting 
        through the Director of the Centers for Disease Control 
        (referred to in this section as the ``Director''), shall 
        identify methods for reporting blood-lead levels in a 
        standardized format by State public health officials to the 
        Director.
            (2) Report to congress.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary shall submit a 
        report to Congress that--
                    (A) describes the status of blood-lead reporting; 
                and
                    (B) evaluates the feasibility and desirability of 
                instituting a national requirement for mandatory 
                preschool blood-lead screening.
            (3) Additional report.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in consultation 
        with the Secretary of Labor and the Administrator of the 
        Environmental Protection Agency, shall submit a report to 
        Congress that assesses the effectiveness of the blood-lead 
        reporting provisions under the regulations establishing the 
        accreditation and certification programs for blood analysis 
        laboratories described in section 409(a) of the Toxic 
        Substances Control Act (as added by section 108).
    (b) Establishment of Blood-Lead Laboratory Reference Project.--
Subpart 2 of part C of title IV of the Public Health Service Act (42 
U.S.C. 258b et seq.), is amended by inserting after section 424 the 
following new section:

``SEC. 424A. BLOOD-LEAD LABORATORY REFERENCE PROJECT.

    ``The Secretary of Health and Human Services, acting through the 
Director of the Centers for Disease Control, shall establish a blood-
lead laboratory reference project to assist States and local 
governments in establishing, maintaining, improving, and ensuring the 
quality of laboratory measurements performed for lead poisoning 
prevention programs. The project shall include--
            ``(1) collaboration with manufacturers of analytical 
        instruments to develop blood-lead measurement devices that are 
        accurate, portable, precise, rugged, reliable, safe, and of 
        reasonable cost;
            ``(2) the development of improved techniques for safe, 
        contamination-free blood sample collection; and
            ``(3) assistance to State and local laboratories in the 
        form of reference materials, equipment, supplies, training, 
        consultation, and technology development for quality assurance, 
        capacity expansion, and technology transfer.''.

SEC. 202. UPDATE OF 1988 REPORT TO CONGRESS ON CHILDHOOD LEAD 
              POISONING.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and every 2 years thereafter until the date that is 10 
years after the date of enactment of this Act, and as necessary 
thereafter, the Administrator of the Agency for Toxic Substances and 
Disease Registry shall submit to Congress a report that updates the 
report submitted pursuant to section 118(f)(1) of the Superfund 
Amendments and Reauthorization Act of 1986. Each updated report shall 
include, at a minimum, revised estimates of the prevalence of elevated 
lead levels among children and adults in the population of the United 
States, and estimates of the prevalence of adverse health outcomes 
associated with lead exposure. The initial report under this section 
shall include an assessment of the potential contribution to elevated 
blood lead levels in children from exposure to sources of lead in 
schools and day care centers.
    (b) Funding.--The costs of preparing and submitting the updated 
reports referred to in subsection (a) shall be paid from the Hazardous 
Substance Superfund established under section 9507 of the Internal 
Revenue Code of 1986.

SEC. 203. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Amendment to the Fair Packaging and Labeling Act.--Section 11 
of the Fair Packaging and Labeling Act (15 U.S.C. 1460) is amended--
            (1) in subsection (b), by striking ``or'' at the end;
            (2) in subsection (c), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(d) The Lead Exposure Reduction Act of 1994 and the 
        amendments made by such Act.''.
    (b) Amendments to the Federal Food, Drug and Cosmetic Act.--
            (1) Time-based requirements.--Section 402 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by 
        adding at the end the following:
    ``(f) For the third 1-year period after the date of enactment of 
the Lead Exposure Reduction Act of 1994 and thereafter, if any package 
or packaging component (including any solder or flux) used in packaging 
the food contains any lead that has been intentionally introduced into 
the package or component.
    ``(g) If the incidental presence of lead in any package or 
packaging component (including any solder or flux) used in packaging 
the food exceeds--
            ``(1) for the third 1-year period after the date of 
        enactment of the Lead Exposure Reduction Act of 1994, 600 parts 
        per million (0.06 percent);
            ``(2) for the fourth 1-year period after the date of 
        enactment of such Act, 250 parts per million (0.025 percent); 
        and
            ``(3) for the fifth 1-year period after the date of 
        enactment of such Act and thereafter, 100 parts per million 
        (0.01 percent).''.
            (2) Ceramic ware; processed foods; wine.--Chapter IV of 
        such Act (21 U.S.C. 341 et seq.) is amended by adding at the 
        end the following new section:

``SEC. 413. LEAD REGULATIONS.

    ``(a) Ceramic Wares.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall promulgate regulations 
to establish such standards and testing procedures with respect to lead 
in ceramic wares as are necessary to make food that contacts the ware 
not adulterated as containing an added substance under section 
402(a)(1).
    ``(b) Crystal Wares.--Not later than 30 months after the date of 
enactment of this section, the Secretary shall promulgate regulations 
to establish such standards and testing procedures with respect to lead 
in crystal wares as are necessary to make food that contacts the ware 
not adulterated as containing an added substance under section 
402(a)(1).
    ``(c) Processed Foods.--Not later than 2 years after the date of 
enactment of this section, the Secretary shall promulgate regulations 
to reduce lead in processed foods. The regulations shall determine the 
processed foods and related manufacturing practices that are 
significant sources of lead in the human diet and require the greatest 
degree of reduction of lead in the foods that is achievable in 
practice.
    ``(d) Wine.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall promulgate regulations to establish 
such tolerance level and testing procedures with respect to lead in 
wine as the Secretary determines to be necessary to protect public 
health.''.
            (3) Prohibition relating to ceramic ware.--Section 301 of 
        such Act (21 U.S.C. 331) is amended by adding at the end the 
        following:
    ``(u) Beginning on the date that is 180 days after the date of 
promulgation of regulations under section 413(a), the introduction or 
delivery into interstate commerce of any ceramic ware that is not in 
compliance with the regulations.
    ``(v) Beginning on the date that is 180 days after the date of 
promulgation of regulations under section 413(b), the introduction or 
delivery into interstate commerce of any crystal ware that is not in 
compliance with the regulations.
    ``(w) Beginning on the date that is 180 days after the date of 
promulgation of regulations under section 413(c), the introduction, or 
delivery for introduction, into commerce of any processed food, or 
other action, in violation of section 413(c).''.

SEC. 204. NON-INTERFERENCE.

    Nothing in this Act shall interfere with the promulgation of 
regulations required pursuant to the Residential Lead-Based Paint 
Hazard Reduction Act of 1992 (106 Stat. 3897).

SEC. 205. SENSE OF THE SENATE CONCERNING LEAD FISHING SINKERS.

    (a) Findings.--
            (1) on March 9, 1994 the EPA promulgated a rule to ban the 
        manufacture and sale of lead, zinc, and brass fishing sinkers,
            (2) the proposed rule was developed in response to a Toxic 
        Substances Control Act petition requesting that EPA label, not 
        ban, lead fishing sinkers,
            (3) EPA states in the proposed rule, ``In addition, an 
        accurate number of waterbirds that could receive a lethal dose 
        of lead or zinc from fishing sinkers, or the probability of 
        consuming a lethal dose, cannot be estimated,
            (4) no one has studied the effectiveness of fishing sinkers 
        manufactured from lead-substitute materials which can cost 
        eight to ten times as much and have physical or chemical 
        limitations,
            (5) a ban on lead fishing sinkers would put small fishing 
        tackle manufacturers at a competitive disadvantage to major 
        fishing tackle manufacturers who can afford to retool and 
        produce fishing sinkers with lead-substitute materials,
            (6) a ban on home manufacturing of lead fishing sinkers 
        would affect up to 1,600,000 anglers who make their own sinkers 
        in basements and garages, and
            (7) EPA has commented that a ban on lead fishing sinkers 
        could eventually be expanded to all lead-containing fishing 
        tackle, including lures.
    (b) Sense of Senate.--It is the sense of the Senate that the 
Administrator should finalize no rule or regulation which requires a 
nationwide prohibition of the manufacture, sale, or use of fishing 
sinkers, jigs, or lures containing lead, brass, or zinc, until such 
time as the Administrator gives priority consideration to alternative 
means of reducing the risk to waterfowl from lead fishing sinkers, 
including labeling, public education, and State or regional limits.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act and 
the amendments made by this Act (other than sections 407 and 408 of the 
Toxic Substances Control Act, as added by this Act)--
            (1) $25,000,000 for fiscal year 1995;
            (2) $24,000,000 for fiscal year 1996;
            (3) $24,000,000 for fiscal year 1997; and
            (4) $22,000,000 for fiscal year 1998.

            Passed the Senate May 25 (legislative day, May 16), 1994.

            Attest:






                                                             Secretary.

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