[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3969 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3969

  To amend the Toxic Substances Control Act to assess and reduce the 
levels of lead found in child-occupied facilities in the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2006

Mr. Obama (for himself and Mrs. Clinton) 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 assess and reduce the 
levels of lead found in child-occupied facilities in the United States, 
                        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.

    This Act may be cited as the ``Lead Poisoning Reduction Act of 
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the number of children suffering from lead poisoning 
        remains unacceptably high;
            (2) children younger than 6 years of age are much more 
        likely to suffer the devastating effects of lead poisoning;
            (3) the health of children may be impacted at lower levels 
        of lead exposure than previously thought;
            (4) lead poisoning can lead to organ damage, as well as 
        serious developmental, learning, and behavioral problems in 
        children;
            (5) owners and managers of childcare and pre-school 
        facilities constructed before 1978 need guidance with respect 
        to protecting children of the United States from exposure to 
        lead; and
            (6) the Administrator of the Environmental Protection 
        Agency has the authority, but, as of the date of enactment of 
        this Act, has elected not, to promulgate regulations pursuant 
        to section 402 of the Toxic Substances Control Act (15 U.S.C. 
        2682) to reduce lead exposure in child-occupied facilities.

SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES.

    Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is 
amended by adding at the end the following:
    ``(d) Child-Occupied Facilities.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Child-occupied facility.--
                            ``(i) In general.--The term `child-occupied 
                        facility' means a facility described in clause 
                        (ii) that was constructed before January 1, 
                        1978, and that is visited regularly by a child 
                        of not more than 6 years old for at least 2 
                        days within any week for not less than--
                                    ``(I) 3 hours each visit;
                                    ``(II) 6 hours each week; and
                                    ``(III) 60 hours each calendar 
                                year.
                            ``(ii) Description of facility.--A facility 
                        referred to in clause (i) is--
                                    ``(I) a childcare center;
                                    ``(II) a pre-school or kindergarten 
                                classroom; or
                                    ``(III) except as provided in 
                                clause (iii), any other facility 
                                (including a facility used for a Head 
                                Start program or a similar program) at 
                                which a childcare provider receives 
                                compensation or a subsidy for services 
                                provided.
                            ``(iii) Exclusion.--The term `child-
                        occupied facility' does not include a home-
                        based childcare facility.
                    ``(B) Exposure pathway.--The term `exposure 
                pathway' includes, with respect to lead--
                            ``(i) lead-based paint and lead-based paint 
                        hazards; and
                            ``(ii) lead contained in--
                                    ``(I) drinking water plumbing and 
                                fixtures;
                                    ``(II) furniture, fixtures, and 
                                playground equipment; and
                                    ``(III) products used by or for 
                                children.
                    ``(C) Home-based childcare facility.--The term 
                `home-based childcare facility' means an owner-occupied 
                or rental housing unit--
                            ``(i) at which 1 or more individuals 
                        reside; and
                            ``(ii) that meets the requirements under 
                        clauses (i) and (ii) of subparagraph (A) for a 
                        child-occupied facility.
                    ``(D) Select group.--The term `Select Group' means 
                the Select Group on Lead Exposure established by 
                paragraph (2)(A).
            ``(2) Select group on lead exposure.--
                    ``(A) Establishment.--There is established a Select 
                Group on Lead Exposure, to be composed of--
                            ``(i) the Secretary of Education (or a 
                        designee);
                            ``(ii) the Director of the Centers for 
                        Disease Control and Prevention (or a designee);
                            ``(iii) the Director of the National 
                        Institute of Environmental Health Science (or a 
                        designee);
                            ``(iv) the Assistant Secretary of the 
                        Administration for Children and Families (or a 
                        designee);
                            ``(v) the Director of the National 
                        Institute of Child Health and Human Development 
                        (or a designee); and
                            ``(vi) the head of any other Federal agency 
                        (or a designee), as the Administrator 
                        determines to be appropriate.
                    ``(B) Duties.--The Select Group shall advise the 
                Administrator on actions necessary to carry out this 
                subsection and related activities.
                    ``(C) Compensation of members.--A member of the 
                Select Group shall serve without compensation.
                    ``(D) Travel expenses.--A member of the Select 
                Group shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates authorized for an 
                employee of an agency under subchapter I of chapter 57 
                of title 5, United States Code, while away from the 
                home or regular place of business of the member in the 
                performance of the duties of the Select Group.
            ``(3) Baseline standards and model program.--
                    ``(A) Study.--Not later than 180 days after the 
                date of enactment of this subsection, the Select Group 
                shall conduct a study of State, tribal, and local 
                programs the purpose of which is to protect children 
                from exposure to lead at child-occupied facilities.
                    ``(B) Standards and program.--
                            ``(i) Development.--Not later than 1 year 
                        after the date of enactment of this subsection, 
                        the Select Group shall develop--
                                    ``(I) baseline standards with which 
                                a State, tribal, or local program 
                                described in subparagraph (A) shall 
                                comply to be eligible to receive a 
                                grant under paragraph (4); and
                                    ``(II) a model program to protect 
                                children from exposure to lead at 
                                child-occupied facilities that can be 
                                adopted for use by State, tribal, and 
                                local governments.
                            ``(ii) Factors for consideration.--In 
                        developing the baseline standards and model 
                        program under clause (i), the Select Group 
                        shall take into consideration--
                                    ``(I) the results of the study 
                                under subparagraph (A);
                                    ``(II) regulations promulgated 
                                pursuant to subsection (a) (including 
                                the process of promulgating the 
                                regulations); and
                                    ``(III) guidance for childcare 
                                providers produced by agencies and 
                                other groups, including--
                                            ``(aa) any member of the 
                                        Select Group;
                                            ``(bb) the American Academy 
                                        of Pediatrics;
                                            ``(cc) the American Public 
                                        Health Association; and
                                            ``(dd) the National Center 
                                        for Healthy Housing.
                            ``(iii) Requirements.--
                                    ``(I) Baseline standards.--The 
                                baseline standards developed under 
                                clause (i)(I) shall include guidelines 
                                for--
                                            ``(aa) assessing child-
                                        occupied facilities for the 
                                        identification and remediation 
                                        of exposure pathways; and
                                            ``(bb) informing children 
                                        and families that visit child-
                                        occupied facilities of the 
                                        exposure pathways and related 
                                        hazards.
                                    ``(II) Model program.--The model 
                                program developed under clause (i)(II) 
                                shall meet or exceed such applicable 
                                standards (including the baseline 
                                standards under clause (i)(I)) as the 
                                Administrator may establish with 
                                respect to grant programs carried out 
                                by the Administrator, including 
                                standards requiring that--
                                            ``(aa) each appropriate 
                                        child-occupied facility shall 
                                        be provided a notice as soon as 
                                        practicable after a child 
                                        served by the child-occupied 
                                        facility is diagnosed with lead 
                                        poisoning, subject to such 
                                        guidelines as the Select Group 
                                        determines to be necessary to 
                                        ensure the protection of 
                                        privileged medical information; 
                                        and
                                            ``(bb) on receiving a 
                                        notification under item (aa), a 
                                        child-occupied facility that 
                                        has not been tested for the 
                                        presence of lead in exposure 
                                        pathways shall be so tested.
            ``(4) Grant program.--
                    ``(A) Definition of eligible facility.--
                            ``(i) In general.--In this paragraph, the 
                        term `eligible facility' means a child-occupied 
                        facility that participates in a State, tribal, 
                        or local program--
                                    ``(I) the purpose of which is to 
                                protect children from exposure to lead 
                                at child-occupied facilities; and
                                    ``(II) that--
                                            ``(aa) is based on the 
                                        model program developed under 
                                        paragraph (3)(B)(i)(II); or
                                            ``(bb) otherwise meets the 
                                        baseline standards developed 
                                        under paragraph (3)(B)(i)(I).
                            ``(ii) Exclusion.--The term `eligible 
                        facility' does not include a home-based 
                        childcare facility.
                    ``(B) Establishment.--Not later than 1 year after, 
                but in no case before, the date of development of 
                baseline standards and the model program under 
                paragraph (3), the Administrator, in consultation with 
                the Select Group, shall establish a program under which 
                the Administrator shall provide grants to eligible 
                facilities to assist the eligible facilities in 
                carrying out activities to protect children from 
                exposure to lead at eligible facilities.
                    ``(C) Application.--To be eligible to receive a 
                grant under this paragraph, an eligible facility shall 
                submit to the Administrator an application at such 
                time, in such manner, and containing such information 
                as the Administrator, in consultation with the Select 
                Group, may require.
                    ``(D) Cost sharing.--
                            ``(i) In general.--The non-Federal share of 
                        the cost of an activity funded by a grant under 
                        this paragraph shall be 20 percent.
                            ``(ii) Provision.--The non-Federal share 
                        under clause (i)--
                                    ``(I) may be provided using State, 
                                tribal, and local government funds and 
                                private funds; and
                                    ``(II) shall not be provided using 
                                funds appropriated pursuant to any 
                                Federal program.
                    ``(E) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $42,600,000 for the period of fiscal years 
                2007 through 2011.
            ``(5) Regulations.--
                    ``(A) Testing.--Not later than 18 months after the 
                date of enactment of this subsection, the Administrator 
                shall promulgate regulations requiring that--
                            ``(i) child-occupied facilities placed into 
                        service after that date shall test each 
                        applicable exposure pathway for the presence of 
                        lead; and
                            ``(ii) no State or Indian tribe shall issue 
                        to a child-occupied facility described in 
                        clause (i) a license until--
                                    ``(I) the testing required under 
                                clause (i) is completed; and
                                    ``(II) the exposure to lead, if 
                                any, in each applicable exposure 
                                pathway is eliminated.
                    ``(B) Elimination of risk.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of this subsection, 
                        the Administrator shall promulgate proposed 
                        regulations requiring all child-occupied 
                        facilities to eliminate the risk of exposure to 
                        lead through applicable exposure pathways.
                            ``(ii) Finalization and effective date.--
                        The proposed regulations under clause (i)--
                                    ``(I) shall be finalized by the 
                                Administrator not later than 4 years 
                                after the date of enactment of this 
                                subsection; and
                                    ``(II) shall take effect not later 
                                than 5 years after the date of 
                                enactment of this subsection.
            ``(6) Contractors engaged in renovation, remodeling, and 
        painting of child-occupied facilities.--Not later than 18 
        months after the date of enactment of this subsection, the 
        Administrator, in consultation with the Select Group, shall--
                    ``(A) apply regulations promulgated pursuant to 
                subsection (c)(3) to contractors and other workers 
                engaged in the renovation, remodeling, or painting of 
                child-occupied facilities; and
                    ``(B) establish a program to provide information, 
                training, and materials concerning those activities to 
                the contractors and workers.
            ``(7) Report to congress.--Not later than 3 years after the 
        date of enactment of this subsection, the Administrator, in 
        consultation with the Select Group, shall submit to Congress a 
        report containing--
                    ``(A) a list of States and Indian tribes carrying 
                out programs to protect children from exposure to lead 
                at child-occupied facilities that meet the baseline 
                standards developed under paragraph (3)(B)(i)(I) 
                (including by adopting the model program developed 
                under paragraph (3)(B)(i)(II));
                    ``(B) the number of child-occupied facilities that 
                received grants under paragraph (4) during the 
                preceding 3-year period; and
                    ``(C) recommendations for additional Federal funds 
                and resources, if any, required to ensure the 
                protection of children from exposure to lead at child-
                occupied facilities.''.
                                 <all>