110 HR 3085 IH: Lead Poisoning Reduction Act of U.S. House of Representatives 2007-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3085 IN THE HOUSE OF REPRESENTATIVES July 18, 2007 Ms. Slaughter introduced the following bill; which was referred to the Committee on Energy and Commerce 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.

1.

Short title

This Act may be cited as the Lead Poisoning Reduction Act of 2007.

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.

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. .