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

103d CONGRESS
  1st Session
                                 S. 729

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 1 (legislative day, March 3), 1993

   Mr. Reid (for himself, Mr. Bradley, Mr. Lieberman, Mr. Bryan, Mr. 
     Harkin, Mr. Jeffords, Mr. Simon, Mr. Kennedy, Mr. Leahy, Mr. 
 Lautenberg, Ms. Mikulski, Ms. Moseley-Braun, Mr. Moynihan, Mr. Pell, 
Mr. Sarbanes, Mr. Wellstone, and Mr. Wofford) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
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 1993''.
    (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. Recycling of lead-acid 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.
               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 410 
through 420, 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 section, 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 section, 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; and
                            ``(iii) paints containing lead chromate 
                        pigments.
                    ``(B) Pesticides (as defined in section 2(u) of the 
                Federal Insecticide, Rodenticide, and Fungicide Act (7 
                U.S.C. 136(u)) containing more than 0.1 percent lead by 
                dry weight.
                    ``(C) Toys and recreational game pieces containing 
                more than 0.1 percent lead by dry weight, except for 
                toys and games that contain 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.).
                    ``(D) Curtain weights--
                            ``(i) that are not encased in vinyl;
                            ``(ii) that contain more than 0.1 percent 
                        lead by dry weight; and
                            ``(iii) that are common in residential use.
                    ``(E) Fishing weights, jigs, and lures, other than 
                lures that are artificial flies, containing more than 
                0.1 percent lead by dry weight.
                    ``(F) 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.
                    ``(G) Brick mortar containing more than 2 percent 
                lead by dry weight.
            ``(3) Glass coatings.--
                    ``(A) In general.--Beginning on the date that is 5 
                years after the date of enactment of this section, no 
                person may import, manufacture, or process a product in 
                any of the following product categories, and beginning 
                on the date that is 6 years after the date of enactment 
                of this section, 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.
                            ``(iii) Mirror backings 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 (G) of subsection (a)(2) and subparagraphs (A) 
        through (C) of subsection (a)(3).
            ``(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 (G) of subsection (a)(2) and subparagraphs (A) through 
        (C) of subsection (a)(3) 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 
                (G) of subsection (a)(2) and subparagraphs (A) through 
                (C) of subsection (a)(3) if the Administrator 
                determines that an increase in the percentage of the 
                allowable lead content will promote the protection of 
                human health or the environment.
                    ``(B) Termination date.--If the Administrator 
                establishes by regulation an increased percentage of 
                the allowable lead content for a product, or a group of 
                products, within a product category pursuant to this 
                paragraph, the regulation establishing the percentage 
                shall terminate on the date that is 6 years after the 
                date the regulation becomes final.
                    ``(C) Review.--Not later than 2 years prior to the 
                termination date of a regulation promulgated under this 
                paragraph, 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 section, 
        the Administrator shall promulgate regulations to waive the 
        requirements of subsection (a)(2)(C) 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 section, 
                        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 
                                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 subtitle as `ANSI') standard 
                                Z66.1; or
                                    ``(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.
                            ``(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 
                        section.
                    ``(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 (III) 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 
                        motor vehicle or 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), or (III) 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 
                        section, 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 
                        section, 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 section, 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) Restrictions on sale and display.--Not later than 2 
        years after the date of enactment of this section, the 
        Administrator shall promulgate regulations to restrict the sale 
        and display of lead solders not commonly used in plumbing 
        systems, including--
                    ``(A) a prohibition on the sale or display of the 
                solders in the plumbing supply section of any retail 
                establishment;
                    ``(B) a restriction on the sale or display of the 
                solders in any wholesale establishment;
                    ``(C) a prohibition on the sale or display of the 
                solders in proximity to plumbing materials in any 
                establishment; and
                    ``(D) a requirement that each of the solders be 
                labeled to indicate that the solder is not intended for 
                use in plumbing systems.
    ``(e) Plumbing Fittings and Fixtures.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations to establish a health-effects based performance 
        standard that establishes minimal leaching levels of lead from 
        new plumbing fittings and fixtures that convey drinking water.
            ``(2) Consequences of failure to meet requirements.--If the 
        requirements of paragraph (1) are not met--
                    ``(A) by the date that is 4 years after the date of 
                enactment of this section, no person may import, 
                manufacture, process, or distribute in commerce a 
                plumbing fitting or fixture that contains more than 7 
                percent lead by dry weight;
                    ``(B) by the date that is 5 years after the date of 
                enactment of this section, no person may import, 
                manufacture, process, or distribute in commerce a 
                plumbing fitting or fixture that contains more than 6 
                percent lead by dry weight;
                    ``(C) by the date that is 6 years after the date of 
                enactment of this section, no person may import, 
                manufacture, process, or distribute in commerce a 
                plumbing fitting or fixture that contains more than 5 
                percent lead by dry weight; or
                    ``(D) by the date that is 7 years after the date of 
                enactment of this section, no person may import, 
                manufacture, process, or distribute in commerce a 
                plumbing fitting or fixture 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--
                                    ``(I) used to produce a product 
                                from which a package or packaging 
                                component is manufactured; and
                                    ``(II) reasonably expected to be 
                                consumed or transformed into a material 
                                that is not regulated under this title 
                                during the process.
            ``(2) Intentional introduction.--Beginning on the date that 
        is 4 years after the date of enactment of this section--
                    ``(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 aggregate of concentration levels 
        from incidental presence of lead.--Notwithstanding paragraph 
        (2), the aggregate 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 section, 600 parts per million by 
                weight (0.06 percent);
                    ``(B) for the sixth 1-year period after the date of 
                enactment of this section, 250 parts per million by 
                weight (0.025 percent); and
                    ``(C) for the seventh 1-year period after the date 
                of enactment of this section, 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 section, 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 section, 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 on the lead content of paint 
        described in subsection (a)(1)--
                    ``(A) any paint that is imported, processed, 
                manufactured, or distributed in commerce for use by an 
                artist (including any graphic artist) in a work of art 
                if the paint is sold or otherwise distributed in a 
                package labeled pursuant to the requirements under 
                section 405(c)(1); and
                    ``(B) during the 5-year period beginning on the 
                date of enactment of this section, zinc-enriched 
                industrial paint with respect to which the incidental 
                presence of lead does not exceed 0.19 percent lead by 
                dry weight.
            ``(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 1993 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.), as amended by section 103 of 
this Act, is further amended by inserting after section 403, as 
redesignated by section 101(a) 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 60 days after the date of 
        enactment of this section, 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.
                    ``(B) Publication.--Not later than 2 years after 
                the date of enactment of this section, 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) 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 3 years 
        after the date of enactment of this section, the Administrator 
        shall promulgate 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 exposure to 
        lead during manufacturing, processing, distribution in commerce 
        or use, or 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 90 days 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 90 days after initiating the 
                                procedure.
                                    ``(II) Deny the petition and 
                                publish an explanation of the basis for 
                                denying the petition in the Federal 
                                Register.
    ``(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 
                        section; 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 section,
                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.), as amended by section 104 of 
this Act, is further amended by inserting after section 404, as 
redesignated by section 101(a) of this Act, the following new section:

``SEC. 405. PRODUCT LABELING.

    ``(a) In General.--
            ``(1) Labeling.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this section, 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; and
                            ``(ii) products regulated under the Federal 
                        Food, Drug and Cosmetic Act (21 U.S.C. 301 et 
                        seq.).
                    ``(C) Differentiation in labeling.--The regulations 
                promulgated under this section may distinguish between 
                labels required for products--
                            ``(i) that present a risk of exposure to 
                        lead during manufacture or processing; and
                            ``(ii) that present a risk of exposure to 
                        lead during distribution or use.
            ``(2) Effective date of regulations.--The regulations 
        promulgated pursuant to paragraph (1) shall take effect not 
        later than the date that is 3 years after the date of enactment 
        of this section.
    ``(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 this section, 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 on Defenses.--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.''.

SEC. 106. RECYCLING OF LEAD-ACID BATTERIES.

    Title IV (15 U.S.C. 2681 et seq.), as amended by section 105 of 
this Act, is further amended by inserting after section 405, as 
redesignated by section 101(a) of this Act, the following new section:

``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 this section, 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 this section, 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 curbside collection program operated by, or under 
        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 section, 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 and 
Automotive Dismantlers.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of this section--
                    ``(A) no person who sells lead-acid batteries at 
                wholesale; and
                    ``(B) no automotive dismantler,
        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 section, 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.--Beginning on the date 
that is 1 year after the date of enactment of this section, a person 
who sells, or offers for sale, lead-acid batteries at retail shall 
accept from customers used lead-acid batteries of the same type as the 
batteries sold and in a quantity approximately equal to the number of 
batteries sold. 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 section, 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 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 section, a 
person who manufactures lead-acid batteries shall accept from customers 
used lead-acid batteries of the same 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 section, 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 section, 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 section, 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 a recycling symbol (as defined by the 
        Administrator) or other information intended to encourage 
        recycling.
    ``(k) Publication of Notice.--Not later than 6 months after the 
date of enactment of this section, 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) Study.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Administrator shall--
                    ``(A) conduct a study on the recycling and disposal 
                of small-sealed consumer lead-acid batteries and submit 
                a report on the results of the study to Congress; and
                    ``(B) publish in the Federal Register either--
                            ``(i) a proposed rule to regulate the 
                        recycling and disposal of small-sealed consumer 
                        lead-acid batteries; or
                            ``(ii) with respect to the batteries 
                        referred to in clause (i), a determination that 
                        regulations are not needed to protect human 
                        health and the environment.
            ``(2) Contents of study and report.--The study and report 
        referred to in paragraph (1) shall include an assessment of--
                    ``(A) the quantity (expressed in volume) of new 
                small-sealed consumer lead-acid batteries produced 
                annually and an estimate of the quantity of the 
                batteries disposed of annually in municipal solid waste 
                landfills and incinerators;
                    ``(B) the feasibility of recycling used small-
                sealed consumer lead-acid batteries (including an 
                assessment of potential collection systems, 
                technologies for recovering reusable materials from the 
                batteries, and the cost of recycling the batteries); 
                and
                    ``(C) such other information as the Administrator 
                determines to be appropriate with respect to disposal 
                practices of small-sealed consumer lead-acid batteries 
                that are current at the time of the study and potential 
                alternatives to the practices.
            ``(3) Investigation.--
                    ``(A) In general.--In carrying out the study and 
                preparing the report, the Administrator may--
                            ``(i) undertake such original 
                        investigations as the Administrator determines 
                        to be necessary to generate the data required 
                        to make findings for the report; or
                            ``(ii) rely on data generated and compiled 
                        by any industry or other organization with an 
                        interest in the report.
                    ``(B) Submittal of confidential information.--Any 
                person who submits confidential information to the 
                Administrator pursuant subparagraph (A) shall also 
                submit data that is publicly available.
    ``(o) Exemption.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section shall not apply to small-sealed consumer lead-acid 
        batteries.
            ``(2) Exception.--Subsection (n) shall apply to small-
        sealed lead-acid batteries.
    ``(p) Definitions.--As used in this section:
            ``(1) Lead-acid battery.--The term `lead-acid battery' 
        means a battery that--
                    ``(A) consists of lead and sulfuric acid; and
                    ``(B) is used as a power source.
            ``(2) Small-sealed consumer lead-acid battery.--The term 
        `small-sealed consumer lead-acid battery' means a lead-acid 
        battery, weighing 25 pounds or less, used in non-vehicular, 
        non-SLI (starting, lighting, and ignition) applications.''.

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

    Title IV (15 U.S.C. 2681 et seq.), as amended by section 106 of 
this Act, is further amended by inserting after section 406, as 
redesignated by section 101(a) of this Act, the following new section:

``SEC. 407. 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--
                    ``(A) 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; and
                    ``(B) any land and structure on the land, and any 
                related common grounds or playground area and 
                playground structures, that are under the same 
                ownership as the building referred to in subparagraph 
                (A) and that is regularly accessible to children in 
                kindergarten or younger children.
            ``(2) Covered school.--The term `covered school' means--
                    ``(A) the interior and exterior of any building 
                constructed before 1980 that is used--
                            ``(i) 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
                            ``(ii) as a kindergarten that regularly 
                        provides education for children in kindergarten 
                        or younger children; and
                    ``(B) any land and structure on the land, and any 
                related common grounds or playground area and 
                playground structures, that are under the same 
                ownership as the building referred to in subparagraph 
                (A) and that is regularly accessible to 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 1 year after the date of enactment of this 
        section, 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 each covered school 
                        and covered day care facility to detect lead-
                        based paint that is chipping, peeling, flaking, 
                        or chalking; 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 411; 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 areas 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 located in areas with 
                the greatest suspected lead hazard.
            ``(4) Procedures.--The procedures referred to in paragraph 
        (3) shall use factors for assessing an area, 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 areas 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 411) 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 411), 
                        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.
                    ``(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 411) 
                                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 411), 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 411).
                    ``(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 section 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 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 (a) relating to 
                inspections only to the extent that assistance under 
                this section is available to defray 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 section, 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 section; 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 
                        section, 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 subsection 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 1994;
            ``(2) $30,000,000 for the fiscal year 1995; and
            ``(3) $30,000,000 for the fiscal year 1996.''.

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

    Title IV (15 U.S.C. 2681 et seq.), as amended by section 107 of 
this Act, is further amended by inserting after section 407, as 
redesignated by section 101(a) of this Act, the following new section:

``SEC. 408. 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 
                        section, 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 section, 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 section, 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 section, 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 section, 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 
        Secretary 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 section, 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.), as amended by section 108 of 
this Act, is further amended by inserting after section 408, as 
redesignated by section 101(a) of this Act, the following new section:

``SEC. 409. 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. (Each such Center is referred to in this 
        subsection 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 of 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 ``417'.
            (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 ``417''.
            (3) Authorized state programs.--Section 412, as 
        redesignated by section 101(a), is amended--
                    (A) by striking ``402 or 406'' each place it 
                appears and inserting ``410 or 414''; and
                    (B) in subsection (d), by striking ``402'' and 
                inserting ``410''.
    (b) Authorization of Appropriations.--In section 420, as 
redesignated by section 101(a) of this Act, by striking ``There are 
authorized'' and inserting ``Except as provided in section 407(j) and 
in title III of the Lead Exposure Reduction Act of 1993, there are 
authorized''.

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. Lead contamination in schools and day care facilities.
``Sec. 408. Blood-lead and other abatement and measurement programs.
``Sec. 409. Establishment of National Centers for the Prevention of 
                            Lead Poisoning.
``Sec. 410. Lead-based paint activities training and certification.
``Sec. 411. Identification of dangerous levels of lead.
``Sec. 412. Authorized State programs.
``Sec. 413. Lead abatement and measurement.
``Sec. 414. Lead hazard information pamphlet.
``Sec. 415. Regulations.
``Sec. 416. Control of lead-based paint hazards at Federal facilities.
``Sec. 417. Prohibited acts.
``Sec. 418. Relationship to other Federal law.
``Sec. 419. General provisions relating to administrative proceedings.
``Sec. 420. 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 408(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 adding at the end the following new 
section:

``SEC. 424. 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 new subsection:
    ``(d) The Lead Exposure Reduction Act of 1993 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 new subsections:
    ``(f) For the third 1-year period after the date of enactment of 
this subsection 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 this subsection, 600 parts per million (0.06 
        percent);
            ``(2) for the fourth 1-year period after the date of 
        enactment of this subsection, 250 parts per million (0.025 
        percent); and
            ``(3) for the fifth 1-year period after the date of 
        enactment of this subsection and thereafter, 100 parts per 
        million (0.01 percent).''.
            (2) Ceramic ware; processed foods; wine.--Title 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 new subsections:
    ``(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).''.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Except as provided in the amendment made by section 107 of this 
Act, to carry out this Act and the amendments made by this Act--
            (1) $25,000,000 for fiscal year 1994;
            (2) $24,000,000 for fiscal year 1995;
            (3) $24,000,000 for fiscal year 1996; and
            (4) $22,000,000 for fiscal year 1997.

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