[Congressional Record Volume 140, Number 66 (Tuesday, May 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                  LEAD EXPOSURE REDUCTION ACT OF 1993

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to consideration of S. 729, the Lead Exposure Reduction Act, 
which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 729) to amend the Toxic Substances Control Act 
     to reduce the levels of lead in the environment, and for 
     other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Environment and Public Works with an amendment to 
strike out all after the enacting clause and inserting in lieu thereof 
the following:

     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 subsection, no 
     person may import, manufacture, or process a product in any 
     of the product categories described in paragraph (2).
       ``(B) Prohibition on the distribution in commerce of a 
     product.--Beginning on the date that is 2 years after the 
     date of enactment of this subsection, no person may 
     distribute in commerce a product in any of the product 
     categories described in paragraph (2).
       ``(2) Product categories.--The product categories described 
     in this paragraph are as follows:
       ``(A) Paint containing more than 0.06 percent lead by dry 
     weight, other than--
       ``(i) corrosion inhibitive coatings, including electrocoats 
     and electrodeposition primers, applied by original equipment 
     manufacturers to motor vehicle parts and containing no more 
     than 1.9 percent lead by weight in dry film;
       ``(ii) certain paints and primers for equipment used for 
     agricultural, construction, general, and industrial forestry 
     purposes;
       ``(iii) paints containing lead chromate pigments; and
       ``(iv) zinc-enriched industrial paint with respect to which 
     the incidental presence of lead does not exceed 0.19 percent 
     lead by dry weight.
       ``(B) Toys and recreational game pieces containing more 
     than 0.1 percent lead by dry weight, except for toys and 
     games with respect to which all lead is contained in 
     electronic or electrical parts or components and that meet 
     the standards and regulations for content, manufacture, 
     processing, and distribution established by the Consumer 
     Product Safety Commission under the Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.).
       ``(C) Curtain weights--
       ``(i) that are not encased in vinyl or plastic;
       ``(ii) that contain more than 0.1 percent lead by dry 
     weight; and
       ``(iii) that are common in residential use.
       ``(D) Inks containing more than 0.1 percent lead by dry 
     weight used in printing newspapers, newspaper supplements, or 
     magazines published more than once per month.
       ``(3) Glass coatings.--
       ``(A) In general.--Beginning on the date that is 5 years 
     after the date of enactment of this subsection, no person may 
     import, manufacture, or process a product in any of the 
     following product categories, and beginning on the date that 
     is 6 years after the date of enactment of this subsection, no 
     person may distribute in commerce a product in any of the 
     product categories described in subparagraph (B).
       ``(B) Product categories.--The product categories described 
     in this subparagraph are as follows:
       ``(i) Architectural glass coatings containing more than 
     0.06 percent lead by dry weight.
       ``(ii) Automotive window coatings containing more than 0.06 
     percent lead by dry weight.
       ``(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 (D) of subsection (a)(2) and 
     subparagraphs (A) and (B) 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 (D) of subsection (a)(2) and subparagraphs (A) and 
     (B) 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 (D) of subsection (a)(2) and 
     subparagraphs (A) and (B) of subsection (a)(3) if the 
     Administrator determines that an increase in the percentage 
     of the allowable lead content will not adversely affect human 
     health or the environment.
       ``(B) Review.--Not later than 2 years prior to the 
     termination date of a regulation promulgated under 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 
     subsection, the Administrator shall promulgate regulations to 
     waive the requirements of subsection (a)(2)(B) with respect 
     to certain toys and recreational game pieces that are 
     collectible items and scale models intended for adult 
     acquisition.
       ``(5) Exemption of paints.--
       ``(A) Determination.--
       ``(i) In general.--Not later than 5 years after the date of 
     enactment of this subsection, the Administrator shall 
     determine, following public notice and opportunity for 
     comment, whether there is--

       ``(I) 1 (or more) primer paint suitable for use as an 
     electrocoat or electrodeposition primer (or both) on motor 
     vehicle parts that contains less than 1.9 percent lead by 
     weight in dry film;
       ``(II) 1 (or more) original equipment manufacturer paint, 
     primer, or service paint or primer for 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;
       ``(III) 1 (or more) substitute for paints containing lead 
     chromate pigments for use in any class or category of uses 
     that contains less than or equal to 0.06 percent lead by 
     weight in dry film; or

       ``(IV) 1 (or more) substitute for zinc-enriched industrial 
     paint for use in any class or category of uses that contains 
     less than 0.19 percent lead by weight in dry film.

       ``(ii) Additional determination by administrator.--The 
     Administrator also shall determine whether 1 (or more) paint 
     or primer referred to in clause (i)--

       ``(I) has substantially equivalent corrosion inhibition and 
     related performance characteristics to any paint or primer; 
     and
       ``(II) does not pose a greater risk to human health and the 
     environment than a paint or primer,

     in use for the applicable purpose specified in clause (i) on 
     the date of enactment of this 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 new motor 
     vehicle or new motor vehicle part or new equipment part 
     coated with the paint or primer with a lead content that 
     exceeds the level identified by the Administrator.
       ``(E) Effect of negative determination.--If the 
     Administrator determines, pursuant to subparagraph (A), that 
     there is no paint or primer suitable for a use referred to in 
     subclause (I), (II), 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 subsection, no person shall import, 
     manufacture, or process any paint or primer for the use 
     specified in the determination pursuant to subparagraph (A); 
     and
       ``(ii) beginning on the date that is 14 years after the 
     date of enactment of this subsection, no person shall 
     distribute in commerce any paint or primer for the use 
     specified in the determination pursuant to subparagraph (A) 
     (or import, manufacture, or process any motor vehicle or 
     motor vehicle part or new equipment part coated with the 
     paint or primer),

     that contains a lead content that exceeds a level of lead 
     content that the Administrator shall determine, on the basis 
     of the identification of the lead content of paints and 
     primers for the use.
       ``(c) Statements by the Administrator Relating to 
     Modifications of Restrictions.--In promulgating any 
     regulation under subsection (b) with respect to the allowable 
     lead content for a product, or a group of products, under a 
     product category, the Administrator shall, prior to the 
     promulgation of a final regulation, consider and publish a 
     statement that describes the effects of the proposed 
     allowable lead content level for the product, or group of 
     products, under the product category on human health and the 
     environment.
       ``(d) Lead Solder.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator shall 
     promulgate regulations to ban the manufacture, importation, 
     processing, sale, and distribution in commerce of lead 
     solders commonly used in plumbing systems, including lead 
     solder that contains 50 percent tin and 50 percent lead (50-
     50 tin-lead solder) and lead solder that contains 85 percent 
     tin and 15 percent lead (85-15 tin-lead solder).
       ``(2) Restrictions on sale and display.--Not later than 2 
     years after the date of enactment of this subsection, the 
     Administrator shall promulgate regulations to restrict the 
     sale and display of lead solders 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 subsection, the Administrator shall 
     promulgate regulations to establish a health-effects based 
     performance standard that establishes maximum 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 subsection, 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 subsection, 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 subsection, 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 subsection, 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 used to produce a product from which a 
     package or packaging component is manufactured.
       ``(2) Intentional introduction.--Beginning on the date that 
     is 4 years after the date of enactment of this subsection--
       ``(A) no package or packaging component shall be sold or 
     distributed in commerce by a manufacturer or distributor; and
       ``(B) no product shall be distributed in commerce by the 
     manufacturer or distributor of the product in a package,

     if the product includes, in the package, or in any packaging 
     component, any ink, dye, pigment, adhesive, stabilizer, or 
     other additive to which lead has been intentionally 
     introduced as an element during manufacturing or distribution 
     (as opposed to the incidental presence of lead).
       ``(3) Limitations on the average of concentration levels 
     from incidental presence of lead.--Notwithstanding paragraph 
     (2), the average of the concentration levels from any 
     incidental presence of lead present in any package or 
     packaging component, other than the lead originating from the 
     product contained in the package, shall not exceed--
       ``(A) for the fifth 1-year period after the date of 
     enactment of this subsection, 600 parts per million by weight 
     (0.06 percent);
       ``(B) for the sixth 1-year period after the date of 
     enactment of this subsection, 250 parts per million by weight 
     (0.025 percent); and
       ``(C) for the seventh 1-year period after the date of 
     enactment of this subsection, and for each 12-month period 
     thereafter, 100 parts per million by weight (0.01 percent).
       ``(4) Prohibition.--No package or packaging component shall 
     be sold or distributed in commerce by a manufacturer or 
     distributor, and no product shall be sold or distributed in 
     commerce in a package by a manufacturer or distributor, if 
     the package or packaging component exceeds the applicable 
     level provided under paragraph (3).
       ``(5) Certificate of compliance.--
       ``(A) In general.--A certificate of compliance stating that 
     a package or packaging component is in compliance with the 
     requirements of this section shall be prepared and retained 
     by the manufacturer or distributor of the package or 
     packaging component.
       ``(B) Statement relating to exemption.--In any case in 
     which compliance with this section is based on an exemption 
     under paragraph (6), the certificate shall state the specific 
     basis upon which the exemption is claimed.
       ``(C) Signature of authorized official.--A certificate of 
     compliance shall be signed by an authorized official of the 
     manufacturer or distributor referred to in subparagraph (A).
       ``(6) Exemption from packaging requirements.--Prior to the 
     expiration of the 7-year period beginning on the date of 
     enactment of this subsection, on receipt of an application 
     (in such form and containing such information as the 
     Administrator may prescribe by regulation), the Administrator 
     may exempt from the requirements of paragraph (2), (3) or 
     (4)--
       ``(A) a package or packaging component manufactured prior 
     to the date of enactment of this 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) any products that are 
     imported, processed, manufactured, or distributed in commerce 
     for use by artists in creating, restoring, and preserving 
     works of art, including graphic works of art, if the paint is 
     sold or otherwise distributed in a package labeled pursuant 
     to the requirements under section 405(c)(1).
       ``(2) Exemptions.--The Administrator shall, by regulation, 
     exempt from the applicable restrictions on lead content under 
     subsection (a) or (b) any product, or group of products, 
     within a product category used--
       ``(A) for a medical purpose (as defined by the 
     Administrator, in consultation with the Secretary of Health 
     and Human Services);
       ``(B) for a purpose in the paramount interest of the United 
     States (as determined by the Administrator, in consultation 
     with the Secretary of Defense);
       ``(C) for radiation protection (as jointly defined by the 
     Administrator and the Nuclear Regulatory Commission), 
     including any product or product category used in connection 
     with the national security programs of the Department of 
     Energy;
       ``(D) in the mining industry to determine the presence of 
     noble metals in geological materials; or
       ``(E) as radiation shielding in any electronic device, or 
     in specialized electronics uses in any case in which the 
     Administrator has determined that no appropriate substitute 
     for lead is available.
       ``(3) Statutory construction.--Nothing in this section or 
     the Lead Exposure Reduction Act of 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.) is further amended by 
     inserting after section 403, as added by section 103 of this 
     Act, the following new section:

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

       ``(a) Creation of an Inventory of Uses of Lead in Products 
     in Commerce.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall, with 
     the active participation of all interested parties, initiate 
     a survey of all lead-containing products sold or distributed 
     in commerce in the United States.
       ``(2) Development of inventory.--
       ``(A) In general.--On the basis of the survey described in 
     paragraph (1), the Administrator shall develop an inventory 
     of all lead-containing products sold or distributed in 
     commerce (referred to in this section as the `inventory').
       ``(B) Product categories.--In developing the inventory, the 
     Administrator may group in product categories those products 
     that meet both of the following criteria:
       ``(i) The products are functionally similar.
       ``(ii) The products provide similar opportunities for lead 
     exposure or release during manufacturing, processing, or use, 
     or at the end of the useful life of the product (taking into 
     account other applicable regulations).
       ``(3) Publication of draft inventory.--
       ``(A) In general.--The Administrator shall--
       ``(i) publish the inventory in the Federal Register in 
     draft form; and
       ``(ii) solicit public comment on the draft inventory and 
     the grouping of products by the Administrator pursuant to 
     paragraph (2).
       ``(B) Publication.--Not later than 4 years after the date 
     of enactment of this paragraph, after providing public notice 
     and opportunity for comment on the draft inventory, the 
     Administrator shall publish a final inventory.
       ``(4) Products containing components included on 
     inventory.--For the purposes of this section, any product 
     that contains lead-containing components included on the 
     inventory shall be deemed to be included on the inventory.
       ``(5) Failure of administrator to publish inventory.--If 
     the Administrator fails to publish the inventory by the date 
     specified in paragraph (3)(B), the list of products referred 
     to in subsection (c)(6) shall be deemed to comprise the 
     inventory.
       ``(6) Modifications.--The Administrator may, from time to 
     time, after notice and opportunity for comment, make 
     modifications to the inventory published under this 
     subsection. If the Administrator modifies the inventory, the 
     Administrator shall publish the modified inventory.
       ``(b) List of Uses of Lead in Products That Pose Exposure 
     Concerns.--
       ``(1) In general.--Beginning on the date that is 6 years 
     after the date of enactment of this paragraph, the 
     Administrator shall 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 2 years 
     after receipt of a petition under clause (i), the 
     Administrator shall take one of the following actions:

       ``(I) Grant the petition, initiate a procedure to 
     promulgate a regulation to add or delete the product or 
     product category as requested in the petition, and complete 
     the procedure by not later than 2 years after initiating the 
     procedure.
       ``(II) Deny the petition and publish an explanation of the 
     basis for denying the petition in the Federal Register.

       ``(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.) is further amended by 
     inserting after section 404, as added by section 104 of this 
     Act, the following new section:

     ``SEC. 405. PRODUCT LABELING.

       ``(a) In General.--
       ``(1) Labeling.--
       ``(A) In general.--Not later than 6 years after the date of 
     enactment of this paragraph, the Administrator shall 
     promulgate regulations that provide for the labeling of 
     products included in the list established under section 
     404(b).
       ``(B) Exemptions.--The regulations promulgated under this 
     paragraph shall not apply to--
       ``(i) lead-acid batteries, to the extent that the labeling 
     of the batteries as to the lead content of the batteries is 
     regulated under any other Federal law;
       ``(ii) products regulated under the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 301 et seq.); and
       ``(iii) during or after disposal.
       ``(C) Differentiation in labeling.--The regulations 
     promulgated under this section may distinguish between labels 
     required for products--
       ``(i) that present a risk of exposure to lead during 
     manufacture or processing;
       ``(ii) that present a risk of exposure to lead during 
     distribution or use; and
       ``(iii) that present a risk of exposure to lead during or 
     after disposal.
       ``(2) Effective date of regulations.--The regulations 
     promulgated pursuant to paragraph (1) shall take effect not 
     later than the date that is 7 years after the date of 
     enactment of this paragraph.
       ``(b) Content of Regulations.--The regulations described in 
     subsection (a) shall specify the wording, type size, and 
     placement of the labels described in subsection (a).
       ``(c) Labeling of Certain Items.--
       ``(1) In general.--The Administrator shall promulgate 
     regulations requiring that the following labeling be included 
     in the labeling of the packaging of the following items:
       ``(A) For any paint for use by artists (including graphic 
     artists) described in section 403(g):

   `CONTAINS LEAD--FOR USE BY ADULTS ONLY. DO NOT USE OR STORE AROUND 
             CHILDREN OR IN AREAS ACCESSIBLE TO CHILDREN.'.

       ``(B) For each toy or recreational game piece that is a 
     collectible item and for each scale model that is subject to 
     the regulations promulgated under section 403(b)(4) and is 
     manufactured on or after the effective date of the 
     regulations promulgated under this subsection:

     `COLLECTIBLE ITEM, CONTAINS LEAD, NOT SUITABLE FOR CHILDREN.'.

       ``(2) Criteria for regulations.--The regulations 
     promulgated pursuant to paragraph (1) shall specify the type, 
     size, and placement of the labeling described in paragraph 
     (1).
       ``(3) Effective date.--Each regulation promulgated under 
     paragraph (1) shall take effect on the date that is 1 year 
     after the date of the promulgation of the regulation.
       ``(4) Labels.--If, by the date that is 2 years after the 
     date of enactment of subsection (a)(1), the Administrator has 
     not promulgated regulations that specify the alternate type, 
     size, and placement of the wording for labels referred to in 
     paragraph (1), the wording shall be placed prominently on the 
     package in letters the same size as the largest text letter 
     (except for letters in logos or brand markings) otherwise 
     affixed to the label or packaging of the product until such 
     time as the Administrator promulgates the regulations.
       ``(d) Bar 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.) is further amended by 
     inserting after section 405, as added by section 105 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 subsection (c), no person 
     shall--
       ``(A) place a lead-acid battery in any landfill; or
       ``(B) incinerate any lead-acid battery.
       ``(2) Disposal.--No person may--
       ``(A) discard or otherwise dispose of a lead-acid battery 
     in mixed municipal solid waste; or
       ``(B) discard or otherwise dispose of a lead-acid battery 
     in a manner other than by recycling in accordance with this 
     section.
       ``(3) Exemption.--Paragraphs (1) through (2) shall not 
     apply to an owner or operator of a municipal solid waste 
     landfill, incinerator, or collection program that 
     inadvertently receives any lead-acid battery that--
       ``(A) is commingled with other municipal solid waste; and
       ``(B) is not readily removable from the waste stream,

     if the owner or operator of the facility or collection 
     program has established contractual requirements or other 
     appropriate notification or inspection procedures to ensure 
     that no lead-acid battery is received at, or burned in, the 
     facility or accepted through the collection program.
       ``(b) General Discard or Disposal Requirements.--Beginning 
     on the date that is 1 year after the date of enactment of 
     subsection (c), no person (except a person described in 
     subsection (c), (d), or (e)) may discard or otherwise dispose 
     of any used lead-acid battery except by delivery to 1 of the 
     following persons (or an authorized representative of the 
     person):
       ``(1) A person who sells lead-acid batteries at retail or 
     wholesale.
       ``(2) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(3) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       ``(4) An automotive dismantler (as defined by the 
     Administrator).
       ``(5) A community collection program operated by, or 
     pursuant to an agreement with, a governmental entity.
       ``(6) A manufacturer of batteries of the same general type.
       ``(c) Discard or Disposal Requirements for Retailers.--
     Beginning on the date that is 1 year after the date of 
     enactment of this subsection, no person who sells lead-acid 
     batteries at retail may discard or otherwise dispose of any 
     used lead-acid battery except by delivery to 1 of the 
     following persons (or an authorized representative of the 
     person):
       ``(1) A person who sells lead-acid batteries at wholesale.
       ``(2) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(3) A battery manufacturer.
       ``(4) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       ``(5) An automotive dismantler (as defined by the 
     Administrator).
       ``(d) Discard or Disposal Requirements for Wholesalers, 
     Automotive Dismantlers, and Community Collection Programs.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection--
       ``(A) no person who sells lead-acid batteries at wholesale;
       ``(B) no automotive dismantler; and
       ``(C) no community collection program operated pursuant to 
     an agreement with a governmental entity,

     may discard or otherwise dispose of any used lead-acid 
     battery, except by delivery to 1 of the persons described in 
     paragraph (2) (or an authorized representative of the 
     person).
       ``(2) Persons.--The persons described in this paragraph are 
     as follows:
       ``(A) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(B) A battery manufacturer.
       ``(C) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       ``(e) Discard or Disposal Requirements for Manufacturers.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection, no person who 
     manufactures lead-acid batteries may discard or otherwise 
     dispose of any used lead-acid battery, except by delivery to 
     1 of the persons described in paragraph (2) (or an authorized 
     representative of the person).
       ``(2) Persons.--The persons described in this paragraph are 
     as follows:
       ``(A) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(B) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator.
       ``(f) Collection Requirements for Retailers.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection, a person who 
     sells, or offers for sale, lead-acid batteries at retail 
     shall--
       ``(A) accept from customers used lead-acid batteries of the 
     same general type as the batteries sold and in a quantity 
     approximately equal to the number of batteries sold; and
       ``(B) collect a deposit in an amount not less than $10 for 
     the sale of any new replacement automotive type lead-acid 
     battery that is not accompanied by the return of a used 
     automotive type lead-acid battery.
       ``(2) Deposits.--A person who pays a deposit pursuant to 
     this subsection shall receive from the retailer a refund in 
     an amount equal to the deposit paid, if the person returns a 
     used automotive type lead-acid battery of the same general 
     type as the battery purchased from the retailer not later 
     than 30 days after the date of sale of the battery purchased. 
     All unredeemed deposits shall inure to the benefit of the 
     retailer. The used lead-acid batteries shall be accepted at 
     the place where lead-acid batteries are offered for sale.
       ``(g) Collection Requirements for Wholesalers.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection, a person who 
     sells, or offers for sale, lead-acid batteries at wholesale 
     (referred to in this section as a `wholesaler') shall accept 
     from customers used lead-acid batteries of the same general 
     type as the batteries sold and in a quantity approximately 
     equal to the number of batteries sold.
       ``(2) Wholesaler who sells lead-acid batteries to a 
     retailer.--In the case of a wholesaler who sells, or offers 
     for sale, lead-acid batteries to a retailer, the wholesaler 
     shall also provide for removing used lead-acid batteries at 
     the place of business of the retailer. Unless the quantity of 
     batteries to be removed is less than 5, the removal shall 
     occur not later than 90 days after the retailer notifies the 
     wholesaler of the existence of the used lead-acid batteries 
     for removal. If the quantity of batteries to be removed is 
     less than 5, the wholesaler shall remove the batteries not 
     later than 180 days after the notification referred to in the 
     preceding sentence.
       ``(h) Collection Requirements for Manufacturers.--Beginning 
     on the date that is 1 year after the date of enactment of 
     this subsection, a person who manufactures lead-acid 
     batteries shall accept from customers used lead-acid 
     batteries of the same general type as the batteries sold and 
     in a quantity approximately equal to the number of batteries 
     sold.
       ``(i) Written Notice Requirements for Retailers.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection, a person who 
     sells, or offers for sale, lead-acid batteries at retail 
     shall post written notice that--
       ``(A) is clearly visible in a public area of the 
     establishment in which the lead-acid batteries are sold or 
     offered for sale;
       ``(B) is at least 8\1/2\ inches by 11 inches in size; and
       ``(C) contains the following language:
       ``(i) `It is illegal to throw away a motor vehicle battery 
     or other lead-acid battery.'.
       ``(ii) `Recycle your used batteries.'.
       ``(iii) `Federal law requires battery retailers to accept 
     used lead-acid batteries for recycling when a battery is 
     purchased.'.
       ``(iv) `Federal law allows you to sell or return used 
     batteries to an authorized battery collector, recycler, or 
     processor, or to an automotive dismantler.'.
       ``(2) Failure to post notice.--Any person who, after 
     receiving a written warning by the Administrator, fails to 
     post a notice required under paragraph (1) shall, 
     notwithstanding section 16, be subject to a civil penalty in 
     an amount not to exceed $1,000 per day.
       ``(j) Lead-Acid Battery Labeling Requirements.--
       ``(1) In general.--Beginning on the date that is 18 months 
     after the date of enactment of this subsection, it shall be 
     unlawful for any lead-acid battery manufacturer to sell, or 
     offer for sale, any lead-acid battery that does not bear a 
     permanent label that contains the statements required under 
     paragraph (3).
       ``(2) Sales.--Beginning on the date that is 2 years after 
     the date of enactment of this subsection, it shall be 
     unlawful to sell a lead-acid battery that does not bear a 
     permanent label that contains the statements required under 
     paragraph (3).
       ``(3) Labels.--A label described in paragraph (1) or (2) 
     shall be considered to be consistent with the requirements of 
     this section if the label--
       ``(A) identifies that the lead-acid battery contains lead; 
     and
       ``(B) contains the following statements:
       ``(i) `Federal law requires recycling.'.
       ``(ii) `Retailers must accept in exchange.'.
       ``(4) Recycling symbols.--Nothing in this section shall be 
     interpreted as prohibiting the display on the label of a 
     lead-acid battery a recycling symbol (as defined by the 
     Administrator) or other information intended to encourage 
     recycling.
       ``(k) Publication of Notice.--Not later than 180 days after 
     the date of enactment of this subsection, the Administrator 
     shall publish in the Federal Register a notice of the 
     requirements of this section and such other related 
     information as the Administrator determines to be 
     appropriate.
       ``(l) Warnings and Citations.--The Administrator may issue 
     a warning or citation (or both) to any person who fails to 
     comply with any provision of this section.
       ``(m) Export for Purposes of Recycling.--Notwithstanding 
     any other provision of this section, any person may export 
     any used lead-acid battery for the purpose of recycling.
       ``(n) Study.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this subsection, 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.) is further amended by 
     inserting after section 406, as added by section 106 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 the interior and exterior of any 
     building constructed before 1980 that is used as a day care 
     facility that regularly provides day care services for 
     children in kindergarten or younger children.
       ``(2) Covered school.--The term `covered school' means the 
     interior and exterior of any building constructed before 1980 
     that is used--
       ``(A) as an elementary school (as defined in section 
     1471(8) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 2891(8))); or
       ``(B) as a kindergarten that regularly provides education 
     for children in kindergarten or younger children.
       ``(3) Day care facility.--The term `day care facility' 
     means any portion of a facility used for day care for 
     children in kindergarten or younger children and owned or 
     operated by a person that provides the day care for 
     compensation, and that--
       ``(A) is licensed or regulated under State law for day care 
     purposes; or
       ``(B) receives Federal funds for day care purposes.
       ``(4) Lead hazard.--The term `lead hazard' means--
       ``(A) lead-based paint that is chipping, peeling, flaking, 
     or chalking;
       ``(B) any surface coated with lead-based paint that is 
     subject to abrasion;
       ``(C) any surface coated with lead-based paint that can be 
     mouthed by a child under 6 years of age; and
       ``(D) interior dust that contains a dangerous level of 
     lead, as identified by the Administrator.
       ``(5) Lead inspection.--The term `lead inspection' means an 
     inspection to detect the presence of any lead-based paint or 
     lead hazard.
       ``(6) Local education agency.--The term `local education 
     agency' means--
       ``(A) any local educational agency (as defined in section 
     1471(12) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 2891(12)));
       ``(B) the owner of any private nonprofit elementary or 
     secondary school building; and
       ``(C) the governing authority of any school operating under 
     the defense dependents' education system provided for under 
     the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 
     et seq.).
       ``(7) Owner or operator.--The term `owner or operator', 
     when used with respect to a school, means the local education 
     agency that has jurisdiction over the school.
       ``(8) Significant use.--The term `significant use' means 
     use by more than 1 child at least 2 times per week, and for a 
     total period of at least 2 hours per week.
       ``(b) Covered Schools and Covered Day Care Facilities.--
       ``(1) In general.--Except as provided in subsection (d)(4), 
     not later than 3 years after the date of enactment of this 
     subsection, the Administrator shall promulgate regulations 
     that shall be adequate to carry out this section and be 
     consistent with other regulations promulgated by the 
     Administrator under this title.
       ``(2) Regulations.--Pursuant to paragraph (1), the 
     Administrator shall promulgate regulations that require each 
     State that receives a grant under subsection (d) to--
       ``(A) not later than 3 years after the date of promulgation 
     of the regulations or the date on which amounts are allotted 
     to the State under subsection (d)(2), whichever is later, 
     conduct--
       ``(i) an inspection of--

       ``(I) each room of each covered school and covered day care 
     facility that is used daily or receives significant use by 
     children in kindergarten or by younger children to detect 
     interior lead-based paint and an inspection of each covered 
     school that is chipping, peeling, flaking, or chalking; and
       ``(II) each covered school and covered day care facility to 
     detect exterior lead-based paint; and

       ``(ii) an inspection of each room at each covered school 
     and covered day care facility that is used daily or receives 
     significant use by children in kindergarten or by younger 
     children for the purpose of detecting any lead-based paint or 
     interior dust in the rooms of the school or day care facility 
     that contains a dangerous level of lead, as identified by the 
     Administrator pursuant to section 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 facilities in the State in order of the severity 
     of the suspected lead hazard of the areas, in accordance with 
     procedures that the Administrator shall establish; and
       ``(B) give priority to inspecting covered schools and 
     covered day care facilities serving populations at greatest 
     risk.
       ``(4) Procedures.--The procedures referred to in paragraph 
     (3) shall use factors for assessing facilities, including--
       ``(A) medical evidence regarding the extent of lead 
     poisoning (as determined through lead screening) of children 
     in the area;
       ``(B) the ages of children in the area;
       ``(C) the age and condition of school buildings in the 
     area; and
       ``(D) the age and condition of the housing in the area,

     in order to determine which facilities in the State are most 
     likely to have a lead hazard.
       ``(5) Dissemination of reports.--
       ``(A) In general.--Each State shall provide to the owner or 
     operator of each covered school and covered day care facility 
     of the State a copy of the report required under paragraph 
     (2)(B).
       ``(B) Requirements for owners or operators.--
       ``(i) In general.--Except as provided under paragraph (6), 
     in each case in which an inspection conducted pursuant to the 
     requirements of paragraph (2) indicates the presence of lead-
     based paint that poses a lead hazard, or interior dust 
     containing a dangerous level of lead (as identified by the 
     Administrator pursuant to section 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.
       ``(iii) No cause of action.--The failure of a teacher or 
     other school personnel member of a covered school or covered 
     day care facility, or parent (or guardian) of a child 
     (including a newly enrolled child) attending a covered school 
     or covered day care facility, to receive a copy of the risk 
     disclosure information shall not constitute a cause of action 
     under this subsection.
       ``(C) Risk disclosure.--
       ``(i) In general.--As part of the regulations required 
     under paragraph (2), the Administrator shall prescribe the 
     contents of the risk disclosure information required to be 
     provided to the persons specified in the regulations.
       ``(ii) Contents of risk disclosure information.--The 
     information shall include each of the following, with respect 
     to each covered school or covered day care facility:

       ``(I) A summary of the results of the inspection conducted 
     pursuant to paragraph (2).
       ``(II) A description of the risks of lead exposure to 
     children in kindergarten and younger children, teachers, and 
     other personnel at the covered school or covered day care 
     facility that takes into account the accessibility of lead-
     based paint or interior dust containing a dangerous level of 
     lead (as identified by the Administrator pursuant to section 
     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 cover the costs of the inspections.
       ``(B) Requirements for regulations.--
       ``(i) In general.--With respect to any State that fails to 
     carry out an applicable requirement under subsection (b), the 
     Administrator shall take such action as may be necessary to 
     ensure that the State meets all applicable requirements of 
     subsection (b) not later than 2 years after the first day on 
     which the cumulative total of all amounts appropriated to the 
     States pursuant to the authorization under subsection (j) 
     equals or exceeds $90,000,000.
       ``(ii) Plan.--With respect to any State that fails to--

       ``(I) submit to the Administrator, by the date that is 6 
     years after the date of enactment of this subsection, a plan 
     that the Administrator determines adequate to complete all 
     applicable requirements of subsection (b) by not later than 8 
     years after the date of enactment of this subsection; or
       ``(II) implement the plan referred to in subclause (I),

     the Administrator shall ensure that the actions are completed 
     within the 8-year period referred to in subclause (I), or by 
     not later than 9 years after the date of enactment of this 
     subsection, in the case of any State that fails to implement 
     the plan.
       ``(6) Requirement for payments.--No payments shall be made 
     under this section for any fiscal year to a State unless the 
     Administrator determines that the aggregate expenditures of 
     the State for comparable lead inspection programs for the 
     year equaled or exceeded the aggregate expenditures for the 
     most recent fiscal year for which data is available.
       ``(7) Statutory construction.--Nothing in this section is 
     intended to prohibit the expenditure of Federal funds for the 
     purposes authorized under this section in or by sectarian 
     institutions. No provision of law (including a State 
     constitution or State law) shall be construed to prohibit the 
     expenditure in or by sectarian institutions of any Federal 
     funds provided under this section. Except as provided in the 
     preceding sentence, nothing in this section is intended to 
     supersede or modify any provision of State law that prohibits 
     the expenditure of public funds in or by sectarian 
     institutions.
       ``(e) Public Protection.--No owner or operator of a covered 
     school or covered day care facility may discriminate against 
     a person on the basis that the person provided information 
     relating to a potential violation of this section to any 
     other person, including a State or the Administrator.
       ``(f) Penalties.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, the amount of any penalty that may be assessed for 
     a violation of this section pursuant to section 16 shall not 
     exceed an amount equal to $5,000 for each day during which 
     the violation of this section continues.
       ``(2) Manner of assessment.--Any civil penalty under this 
     subsection shall be assessed and collected in the same 
     manner, and subject to the same provisions, as for civil 
     penalties assessed and collected under section 16.
       ``(3) Violation defined.--As used in this subsection, the 
     term `violation' means a failure to comply with a requirement 
     of this section with respect to a single covered school or 
     covered day care facility.
       ``(g) Use of Penalties.--In any action against a State or 
     an owner or operator (or both) of a covered school or covered 
     day care facility for a violation of this section, the court 
     shall have the discretion to order that any civil penalty 
     collected under this 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.) is further amended by 
     inserting after section 407, as added by section 107 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 subsection, the Secretary shall establish a 
     certification program to ensure the quality and consistency 
     of laboratory analyses.
       ``(ii) Exemption.--If the Secretary determines, by the date 
     specified in subparagraph (A), that effective voluntary 
     accreditation programs are in place and operating on a 
     nationwide basis at the time of the determination, the 
     Secretary shall not be required to establish the 
     certification program referred to in clause (i).
       ``(2) Reporting requirement.--The quality control program 
     established by the Secretary under this subsection shall 
     provide for the reporting of the results of blood-lead 
     analyses to the Director of the Centers for Disease Control 
     on an ongoing basis. Each report prepared pursuant to this 
     paragraph shall be in such form as the Secretary shall 
     require by regulation.
       ``(3) List.--Not later than 2 years after the date of 
     enactment of this subsection, and annually thereafter, the 
     Secretary shall publish and make available to the public a 
     list of certified or accredited blood analysis laboratories.
       ``(4) Review of voluntary accreditation.--
       ``(A) In general.--If the Secretary determines, under 
     paragraph (1)(B)(ii), that effective voluntary accreditation 
     programs are in effect for blood analysis laboratories, the 
     Secretary shall review the performance and effectiveness of 
     the programs not later than 3 years after the date of the 
     determination, and every 3 years thereafter.
       ``(B) Effect of negative determination.--If, on making a 
     review under this paragraph, the Secretary determines that 
     the voluntary accreditation programs reviewed are not 
     effective in ensuring the quality and consistency of 
     laboratory analyses, the Secretary shall, not later than 1 
     year after the date of the determination, establish a 
     certification program that meets the requirements of 
     paragraph (1)(B).
       ``(b) Classification of Abatement Wastes.--Not later than 6 
     months after the date of enactment of this subsection, the 
     Administrator shall issue guidelines for the management of 
     lead-based paint abatement debris. The guidelines shall 
     describe steps for segregating wastes from lead-based paint 
     abatement projects in order to minimize the volume of 
     material qualifying as hazardous solid waste.
       ``(c) Soil Lead Guidelines.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator shall issue 
     guidelines concerning--
       ``(A) action levels for lead in soil; and
       ``(B) mitigation recommendations.
       ``(2) Requirements for guidelines.--The guidelines under 
     this subsection establishing action levels and mitigation 
     recommendations shall take into account different soil types, 
     land uses, and other site-related characteristics affecting 
     lead exposure conditions and levels of lead in blood.
       ``(d) Study of Lead in Used Oil.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this subsection, the Administrator shall 
     conduct a study concerning the effects on the environment and 
     public health of burning used oil.
       ``(2) Report.--On the completion of the study, the 
     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 subsection, the 
     Administrator shall appoint, from among the employees of the 
     Environmental Protection Agency, a Coordinator for Lead 
     Activities to coordinate the activities conducted by the 
     Agency (or in conjunction with the Agency) relating to the 
     prevention of lead poisoning, the reduction of lead exposure, 
     and lead abatement.''.

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

       Title IV (15 U.S.C. 2681 et seq.) is further amended by 
     inserting after section 408, as added by section 108 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).''.

     SEC. 204. NON-INTERFERENCE.

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

  Mr. BAUCUS addressed the Chair.
  The PRESIDING OFFICER (Mrs. Feinstein). The Senator from Montana [Mr. 
Baucus] is recognized.
  Mr. BAUCUS. Madam President, I am pleased that the Senate is now 
considering the Lead Exposure Reduction Act.
  The legislation was reported by the Environment and Public Works 
Committee last October, and it is long overdue.
  It is the result of numerous hearings and countless discussions with 
experts over the past several years. It represents the hard work of 
many Senators most particularly Senator Reid, but also including 
Senators Lieberman, Lautenberg, Moynihan, Wofford, Boxer, Danforth, and 
others.
  Many Members have worked very hard to address the problems of lead 
poisoning. But none has worked any harder or been more dedicated than 
the Senator from Nevada, [Mr. Reid]. Were it not for Senator Reid's 
tireless commitment to this issue, I am certain that we would not be 
debating this bill today.


                      the hazards of lead exposure

  Madam President, there is ample evidence of the hazards of lead. Past 
and present data support the conclusion that lead poisoning is a major 
public health problem.
  According to the Centers for Disease Control, lead poisoning is the 
most common and the most devastating environmental disease of young 
children.
  Lead is a potent neurotoxin. Once lead enters the body it is stored 
in blood, tissues, bones and teeth. In adults, lead exposure can 
increase cancer, cause reproductive problems and high blood pressure. 
In our elderly, it may cause reduced mental functions.
  In children, lead is an especially serious health problem. Children 
are more likely to ingest lead in paint, in soil, in toys and in other 
products by putting them into their mouth.
  And children have less bone tissue to store lead. So leads ends up in 
the blood where it is free to invade the bodies' organs. And the 
primary target for lead poisoning is the brain, especially during early 
child development.
  We know that even at low levels of lead exposure, young children can 
encounter learning and behavioral disorders that continue into 
adolescence.
  At very high level exposure, irreversible mental retardation, 
seizures, and even death can occur.
  All totaled, between three to four million children are at risk 
mainly from ingesting lead-based paint chips, lead in drinking water 
systems and lead in soil.
  Children in the inner cities are the greatest risk. One in every six 
inner city children, ages 6 months to 5 years may suffer from lead 
poisoning.


                         the remaining problem

  Despite the decline of lead in gasoline, and Federal and State 
efforts to address hazards from lead in paint and drinking water, 
millions of children are still exposed to lead.
  Our Nation uses more than 1 million tons of lead each year. About 80 
percent of all lead is used for batteries. The rest is used in hundreds 
of products including paint, gasoline, food, cosmetics, prescription 
drugs, cans, ceramic glazes, crystal, solder, packaging, toys, 
fertilizers, plumbing fixtures, wine foils, stained glass, fishing 
weights, curtain weights, construction materials, computer screens, 
ammunition, medical X-ray equipment, light bulbs, optical glass, and 
many other products.
  Let me be clear. I am not suggesting that these are bad products or 
that they are inherently dangerous because they contain lead. For many 
of these products--like x-ray shielding, computer screens, electronic 
circuitry, lead castings, prescription drugs and others--there is 
little or no chance of lead exposure from the lead-content.
  And there is no denying that many of these products are important, 
safe and useful to consumers and society.
  But in other products like lead-based paint, food packaging or 
plumbing fixtures, lead can be more easily inhaled, ingested or 
absorbed. That's when lead becomes a concern.
  Clearly, we should reduce and eliminate those lead uses when exposure 
is likely. At the same time we must be sensitive to the beneficial uses 
of lead used in many of our products.


             the lead exposure reduction act is good policy

  Our challenge is to reduce lead exposure without eliminating all 
current or future uses of lead. The Lead Exposure Reduction Act meets 
this challenge in a sound and effective manner.
  First, it sets lead-content limits for certain products that contain 
lead at unsafe amounts. It targets paints and primers, toys, inks, 
plumbing solder and fixtures, where exposure to lead is likely, 
especially to children. For these products lead-content must be reduced 
over several years.
  Second, it sets up a program for reducing lead used in food and non-
food packaging over a seven year period. These restrictions are based 
on the model legislation issued by the Coalition of Northeastern 
Governors and adopted by 14 States.
  Third, it requires EPA to maintain an inventory of all uses of lead 
so that we have complete and accurate knowledge of the universe of 
products that may contribute to the lead problem. And any person who 
manufacturers or imports any product not on the inventory would have to 
file with EPA a new use notification.
  Fourth, it requires EPA to develop a list of those lead-containing 
products that may pose an unreasonable risk. Once on the list, products 
must be labeled so that consumers will be fully informed of the 
potential hazards.
  Fifth, since lead can be easily recycled, this bill also includes 
mandatory recycling requirements for lead used in batteries.
  As I stated earlier, almost 80 percent of all lead is used in 
batteries so these recycling requirements will have a significant 
effect. Under this bill, lead batteries could no longer be landfilled 
or incinerated but would have to be collected by retailers, 
wholesalers, manufacturers, and then recycled.
  Finally, since many more and more young children spend a substantial 
part of their day in school and day care centers, the bill sets up a 
grant program to help fund lead inspections at these facilities.
  Under the program, States that receive grants will be required to 
inspect for lead hazards at day care centers and schools built before 
1980. If a problem is found, parents and teachers must be notified.


               Concerns with the Bill have been Addressed

  I know that some concerns were expressed over earlier versions of 
this bill, over the deadlines and other provisions.
  In particular, concerns were raised over EPA's ability to implement 
the lead testing and abatement provisions in the Housing and Community 
Development Act of 1992 and also meet the requirements in this bill.
  As my colleagues may remember, Title 10 of the Housing and Community 
Development Act of 1992 required that lead-based paint in federally 
owned housing be reduced.
  Both EPA and the Department of Housing and Urban Development are now 
implementing these requirements. As such, I am pleased that the 
deadlines in the lead bill have been extended so as to not interfere 
with implementation of the Housing bill.
  Concerns were also raised that some of the product restrictions 
included in the bill were not necessary because the likelihood of 
exposure is very low.
  To address these concerns, the bill before us no longer restricts the 
lead used in fishing weights and artist paints and other products with 
low exposure potential.
  There were also concerns regarding to scope of the exposure concern 
list. The fear is that although many lead uses are not likely to 
threaten our health or environment such uses would nonetheless be 
included on an exposure concern list.
  That is clearly not the intent. The purpose of such a list is to 
identify only those lead-containing consumer products that may pose an 
unreasonable risk.
  Concerns with the bar on defenses language in the labeling provisions 
were also raised. Specifically that the language in the bill could be 
read to preempt State laws. Again, that was never the intent of the 
bill and I am pleased that the bar on defenses provision has been 
clarified.
  Finally, there were some concerns about the cost to States of 
inspecting all day care centers and schools for lead. Three points are 
worth noting.
  First, lead-based paint inspections are only required under the bill 
if the State receives a grant from the Federal Government.
  Second, even after receiving Federal money, the State has 
considerable discretion to set the priorities for inspections so the 
worst schools and day care centers are inspected.
  Finally, because lead is a special problem for young children, lead 
inspections are only required in those rooms used by young children and 
not in every room. This will also help set priorities and spend our 
resources more wisely.


                               Conclusion

  Madam President, let me sum up by stating that I am no stranger to 
lead issues. Montana is home to one of the Nation's two primary lead 
smelters. I know the importance of the lead smelter to East Helena, MT, 
and to the Nation at large.
  But I also know the harm that lead exposure can have, particularly to 
children. And I know the anxiety that lead contamination can have on a 
community. I have seen it first hand.
  At least two Superfund sites in Montana exist, in part, from lead 
contamination. And the families in these communities want to make sure 
that their children can safely play outside without getting lead 
poisoning.
  As with so many environmental issues, the key here is balance. We 
must strike an appropriate balance between vigorously protecting the 
public health, while at the same time protecting safe lead-based 
products that the public needs.
  Madam President, Senator Reid has found that balance. The Lead 
Exposure Reduction Act provides a responsible and sensible framework 
for reducing lead exposure. Once again I heartily commend Senator Reid 
for all of his hard work and I urge my colleagues to support this bill.
  Mr. President, I have asked Senator Reid to manage this bill and he 
has agreed to do so. So at this time I would like to turn over the 
responsibilities of managing this bill to the able hands of Senator 
Reid.
  Madam President, I asked Senator Reid to manage the bill and he has 
very graciously agreed to do so. I would like to now turn the 
responsibility over to him.
  One more time, let the world, and particularly the State of Nevada, 
know how hard Senator Reid has worked on this bill and what a masterful 
job he has accomplished.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, prior to the chairman of the committee 
leaving the Senate Chamber, I want to express my appreciation for the 
kind words the chairman spread on the record regarding the Senator from 
Nevada.
  But I also want the record to reflect that this process has taken 
years, and but for the direction and patience of both the chairman, 
Senator Baucus, and the ranking member, Senator Chafee, we certainly 
would not have been able to be to the point where we can have this 
legislation now before the American people. It has been a long, 
difficult struggle. The members of the committee have worked very hard 
without exception.
  We have had with staff hundreds and hundreds of hours of meetings 
with various groups of people interested in what this legislation will 
do.
  Madam President, the dangers of lead have been documented centuries 
and centuries ago. The Greek Dioscorides stated in the second century 
B.C., ``Lead makes the mind give way.'' The Roman, Pliny the Elder, 
cautioned that inhaling the fumes of molten lead was dangerous. And we 
know by reading history that there are many historians who believe the 
fall of the Roman Empire was a result of lead.
  Lead, Madam President, is a metallic element whose properties are 
very malleable, corrosive resistant, high density and very stable, 
which make it good for many things. And it has been good for uses for 
various interests for centuries.
  Ancient Egyptians used lead in ornaments and cosmetics. Ancient 
Romans, as I have mentioned, used it for many purposes, not the least 
of which were the pipes they used to bring in their water, storage 
containers, and drinking goblets.
  And we know that these storage containers--with the research that we 
have done that I will talk about a little later--tend to bring the lead 
out of the container into the substance that is in the container, and 
it is very dangerous.
  Romans even used lead as a sweetener-preservative in wines and cider.
  It is interesting to note, Madam President, that the words plumber 
and plumbing are from Latin. They are derived from the Latin word for 
lead, which is plumbum.
  Despite millennia of warnings about its hazards, lead usage in the 
United States continues at a very high rate, and in fact continues to 
go up, and it is used in a wide variety of products, some of which the 
chairman mentioned. But we know that even today it is used extensively 
in gasoline and in paint. But there are many other things, of course. 
Batteries, as the chairman indicated. Seventy-seven percent of all the 
lead that is produced in the United States goes into lead-acid 
batteries.
  It is used freely in cosmetics, prescription drugs, and cans. At one 
time, it was used in almost 100 percent of the containers, the cans 
that we use--now, of course, it is down to a significantly smaller 
number, about 5 percent--enamels, crystal, solder, packaging, toys, 
recreational game pieces, stained glass, fishing weights, curtain 
weights, and numerous other products.
  It is used significantly. When you talk about using over 1 million 
tons of lead, you kind of get the idea we use a lot of it.
  Now, Madam President, even though we use huge amounts of lead, the 
amount that we use today is less than we used in the 1970's, because in 
the 1970's we used almost all leaded gasoline. And of course, in paint 
it was significant.
  We, Madam President, have recognized the danger of lead in paint and 
in gasoline. And we will talk about that, how we learned about it.
  But it is important to note that lead enters the body in a number of 
different ways. You can inhale it, as indicated by Pliny the Elder, the 
Roman. You can ingest it, eat it, as indicated in some of the earlier 
writings.
  But what we did not know, and now do, is that it can be absorbed 
through the skin. Unlike elements like table salt and other things that 
we take into our body, lead serves no useful biological purpose. It is 
of no good to the human body. There are other elements, like gold and 
zinc and things like that, that you need in your body, but we do not 
need lead.
  It is stored in the blood. It cannot metabolize, so it is stored in 
the blood, the bones, and the teeth. And the reason that it will not go 
anyplace is because its half-life is extremely long.
  We all know now, or we should know, the dangers of lead to children. 
It is more severe by far to children than adults. Why? Well, children, 
of course, ingest and inhale more lead per unit of body weight than do 
adults and thus are more vulnerable to the effects. In particular, 
young children are likely to ingest paint in the soil and dust by 
putting it in their mouths. They also have an absorption rate that is 
some 40 percent higher than adults.
  In effect, to illustrate it, an adult could put that lead-based dirt 
in their mouth like a baby does and it would absorb much, much slower. 
In fact, 40 percent for children, and 5 percent for adults, is the 
absorption rate by eating.
  We had the Office of Technology Assessment study the effects of lead 
on children and they determined without question that the effects of 
lead on children are significantly more severe than on adults.
  They said that children have less bone tissue in which lead is 
stored, leaving more lead in the blood that is free to exert toxic 
effects on various body organs.
  Nutritional deficiencies in children cause the lead to be absorbed 
more quickly. And children's nervous systems, especially the blood-
brain barrier, which is not developed until later in life, totally 
cause this substance to go into the brain. Now in the adult, you have 
the blood-brain barrier, and it is difficult to go through that. And 
the cognitive effects occur at lower levels in children.
  As a result of a congressional directive, the Agency for Toxic 
Substances and Disease Registry--which we will refer to during our 
remarks here, Madam President, as the ATSDR--issued a landmark report 
in 1988 on childhood lead poisoning.
  The primary target of poisoning in a child is the central nervous 
system, especially the brain. The younger you are, the worse it is. 
Very severe lead poisoning with central nervous system involvement 
commonly includes coma, convulsions, and profound irreversible mental 
retardation. Seizures occur and even death develops. I will talk about 
a number of cases that have been reported in the press in recent years 
of children dying from lead poisoning.

  Less severe, but still serious effects, such as peripheral neuropathy 
and serious anemia can be caused from lead poisoning. Numerous studies 
of children related that lower levels of lead exposure affect a 
constellation of impairments, including delayed development of your 
ability to think, reduced IQ scores, and impaired hearing--all can 
occur as a result of children ingesting lead.
  Madam President, it is not as if they are eating handfuls of lead. 
There are cases reported, one here in Maryland recently where a couple 
bought their dream home. It was a home that was over 50 years old. They 
were going to rehabilitate and refurbish that home, which they set out 
to do.
  When they moved into the home they had a brand new baby. As they were 
doing the repair work in this home there was dust all over, and during 
the construction in the home the baby was sticking its fingers in the 
mouth. That baby, they noticed, was not the same baby. It started 
reacting more slowly. It did not appear to be learning. They took it to 
the doctor. The doctor did not know what was wrong.
  Making a long story somewhat shorter, they ultimately determined that 
baby had been poisoned by the lead in that construction work in that 
home. The baby will never be the same. The baby will never have the IQ 
that child was capable of having when that child was born. That baby 
will never be able to learn. That baby's personality will be affected.
  So we know the report from the Office of Technology Assessment talks 
about real people--not just statistics.
  The most notable study started way back in 1979. Madam President, I 
doubt if he is watching; he is probably in his lab doing some kind of 
work, but there is a person we should throw a bouquet to by the name of 
Dr. Herbert Needleman, who has been working for almost two decades on 
lead poisoning. When he started talking about this in 1979, people 
thought he did not know what he was talking about. And to talk about 
what went on centuries ago with the Romans was so much poppycock.
  I think we must congratulate--and I am going to--and applaud Dr. 
Needleman for his work in this field, for his work and his advocacy. He 
did more than stay seated in his laboratory and talk about it. He did 
more than do the research in his laboratory. He came out of his 
laboratory because he was so concerned about what he had learned in his 
laboratory, and he has proceeded to educate all the world who will 
listen to the dangers of lead poisoning.
  As I indicated, the most notable of the studies on neurobehavior and 
IQ deficiencies are those he started way back in 1979. Dr. Needleman 
published a followup study concerning the children he evaluated in 
1979. He did this when they were in high school. When reexamining these 
young high school students, he found those children who had high lead 
levels in first grade evidenced poorer classroom performance, reduced 
vocabulary and reasoning scores, and higher absentee rates in school.
  So it was not just a phenomenon that you see in the lower grades. It 
carried through. There are, we have learned in the development of this 
legislation, some people who believe the high dropout rates in certain 
parts of the country are a result of lead poisoning.
  We have talked about what happens with children. The effect of lead 
on fetuses is even worse and more dramatic than on children. We have 
talked about the vulnerability of children to lead poisoning. The lead 
in women's bones may be mobilized during pregnancy and lactation, 
particularly to alleviate a calcium deficiency, and thus expose fetuses 
and infants through the placenta and breast milk, and causes fetuses to 
be seriously impaired as a result of lead poisoning.
  We have talked about fetuses and about children, but this does not 
leave adults as risk free. We know they can do a lot of things with 
lead that children cannot do that will not cause any adverse effects. 
But adults are also at risk from lead exposure. It has been established 
that lead is a human carcinogen. Lead may also impact on the human 
reproductive system because there have been a number of studies that 
show failure of ovulation, delayed sexual maturity, impotence, 
sterility, and even spontaneous abortions as a result of lead 
poisoning.
  I indicated that, according to your age, different levels of lead 
affect you differently. The younger you are the worse it is. But after 
you reach adulthood, the worse it is: Senior adults may be at 
significantly greater risk because lead stored in older persons' bones 
may be mobilized during osteoporosis, or in the normal demineralization 
of the skeleton with aging. Lead speeds up that process and we all know 
one of the serious problems of aging Americans is osteoporosis. This 
process is accelerated as a result of lead.
  One witness testified before our subcommittee, ``We may indeed, have 
senior citizen populations who are going to receive their lifetime 
exposure of lead coming back to them a second time.'' Such a release of 
lead in older people may be a cause of reduced mental function.
  The chairman talked about where lead is stored. It is in the blood, 
the bone, teeth--this has been clearly established by examining blood, 
bones, and teeth, especially the teeth of babies. The one thing we have 
learned is, the more we study lead, the more we understand the body can 
take even less lead than we had originally thought. So some of the 
earlier studies that Dr. Needleman did, and some of the early, early 
work some people had pioneered, indicated that human beings at all ages 
could take a lot more lead than we now know they can stand.
  We also should come to the realization that, of course, people in 
certain big cities where we have high population density and old homes 
with a lot of lead paint--they are at more risk than other people who 
do not live in the big cities where they have the high levels of lead 
paint. But we have to understand all children are at risk. This is not 
a problem that just inner city children face. This is a problem that 
all American children face.
  A good example of potential lead exposure is Las Vegas, NV, one of 
the newer cities in the United States, certainly the most rapidly 
growing city in America. You would think in a State like Nevada, a city 
like Las Vegas, would have no problem with lead. Not true. There have 
been studies done that show that in fact Las Vegas, NV, has a 
significant number of children who are subject to exposure to lead.
  During any given year we have been told that 400,000 fetuses are at 
risk of adverse health effects from exposure due to maternal blood 
levels that would not be there but for the exposure to lead. As I 
indicated, there have been tests done, for example, on young black 
children living below the poverty level. That is below $6,000 in 
central cities of large metropolitan areas. They may have a greater 
than 95 percent chance of having a blood level that exceeds the 
minimums. But the report also shows other children have a substantial 
chance of being at risk. For example, white children in the highest 
family income category, who do not live in the central cities of large 
urban areas, have greater than one-third chance of having blood lead in 
excess of the minimum level.
  We know blood lead exposures vary from area to area, with higher 
exposures estimated for areas with older housing stock, like the 
Northeast and the Midwest. But as I indicated, in Las Vegas, with new 
housing, almost 28 percent of the area's children are estimated to have 
a blood level that exceeds the minimum levels.
  And adults, we know they have problems in certain specified 
industries.
  There has been work done around the world recognizing the dangers of 
lead in certain products prior to when we became interested in them, 
prior to Dr. Needleman trying to give a clarion call that we, Congress, 
should do something about this. Other countries reacted more quickly 
than we did. European countries, as an example, did away with lead 
paint as much as 50 years ago.
  But we, in 1971, enacted the Lead-Based Paint Poisoning Prevention 
Act, and that was a step in the right direction. But as we learned 
through the hearings, it has not been enforced very well. Some people 
have sold paint, that is to be used only for commercial purposes, for 
residential purposes. Of course, people using it in the residential 
areas had no knowledge of the kind of paint they were using.
  Toys and consumer furniture articles have also been covered, but, 
again, there has been lack of enforcement. HUD has been criticized for 
some of the work they have done, but we are making progress.
  Gasoline: At one of the hearings we held, one of the witnesses said: 
If we had glasses that could show the lead particles in certain parts 
of our country--for example, around service stations that pump lots of 
gas or around plants that disperse gas--he said, you would not believe 
what you could see because the ground is poisoned in those areas.
  We know that, and in 1973, the EPA issued regulations to do away with 
much of the leaded gas. The 1985 rulemaking notice proposed a total ban 
on leaded gasoline. This has never been finalized. We are still selling 
hundreds of millions and billions of gallons of leaded gasoline in this 
country. We think there is no leaded gasoline being sold but there are 
hundreds of millions, yes, Madam President, billions of gallons of lead 
gasoline still sold in America. We hope that by 1996, when the Clean 
Air Act said that would be no more, that lead in gasoline will cease. 
We hope that period is not extended.
  Drinking water: In the Safe Drinking Water Act, EPA has done some 
good work there.
  Occupational exposure: There has been good work done there. But there 
are still lots of problems remaining, and that is what this legislation 
is all about.
  I indicated that there are a number of cases that affect real, live 
people. I indicated the situation in Maryland.
  Lead poisoning is most dramatically evidenced by the death in 1991 of 
a 28-month-old boy in Waukesha, WI. He died of ingesting lead-based 
paint chips. The child had reportedly been exposed to so much lead that 
this toxic substance had begun to replace the calcium in his bones.
  Madam President, one of the people who worked very hard on this 
legislation is Senator Bill Bradley. I have heard him talk about lead. 
Senator Bradley indicated that he became interested in this because he 
had an uncle who worked in the mines in Missouri. As a result of that, 
Senator Bradley's uncle did not function properly as he got older. He 
had been lead poisoned.
  So there are a number of examples of lead poisoning. We even find 
that some people--and this is just an assertion; I do not know how much 
validity there is to it--but I have a report out of the Des Moines 
Register talking about the deaths of noteworthy composers, and 
indicated in this newspaper article is that some scientists feel Mozart 
was murdered by poisoning him gradually, a kind of lead poisoning. I do 
not know how much validity there is to that, but that is what the Des 
Moines Register said.
  In 1989, a 2-year-old Chicago girl died of lead poisoning because no 
one followed up on a potentially serious problem indicated by a routine 
blood test that she had taken. Rather than do something about it, she 
went back to her home and kept eating the paint chips and died.
  We have all kinds of articles that have been written that people are 
sick--especially children are sick--and doctors do not diagnose the 
problem. It is hard to diagnose.
  We have a story out of one of the Chicago newspapers entitled: 
``Poison of the Past Cripples Poor Kids, Insidious Lead Still Taking 
Its Toll.''
  Here we have an article, that we will make part of the Record, about 
a family. Michael and Desmond Wallace had led a normal life, but that 
normal life died before they even learned to talk. They were 
hospitalized for 2 weeks. They did not know what was wrong with them. 
The doctors finally determined--their legs had swollen, they had 
tremendous pain--it was lead poisoning. No matter what the parents did, 
how well-intentioned they were, those children were, in effect, in deep 
trouble as a result of having been lead poisoned.
  ``It began with an awful stomachache,'' the San Diego Union Tribune 
states in a story of less than a year ago.

       It began with an awful stomachache, but then the 2-year old 
     San Diego girl began to stumble around the house. When her 
     mother took her to the doctor, the child became a grim 
     statistic. Tests of her blood showed the highest lead levels 
     ever seen in a California child.

  The level of lead in the paint chips was 272,000 parts per million--
453 times today's standard for residential paint--where this little 
girl lived. This child's blood showed 234 micrograms per deciliter, 
nearly 24 times today's recommended Federal standard of 10. The family 
moved away, but her brain was permanently damaged, Madam President. 
Lead poisoning starts out with anemia, fatigue, headaches, stomach 
cramps, constipation--hallmarks of many other problems. But the child 
gets progressively and sometimes suddenly worse, sometimes with nerve 
paralysis, swelling of the brain and, as we have indicated, it can 
cause death.
  The reason, Madam President, that I am bringing these stories, these 
articles, these instances to the attention of the Senate is that I want 
this legislation to be more than a numbers game. This legislation 
affects human beings, especially tiny, little human beings with no 
ability to determine where they live or what they eat.
  Reading from the Knight-Ridder News Service, I state more 
specifically what Senator Bradley said:

       ``My involvement with lead really began 30 or 40 years ago, 
     when an uncle of mine who worked in a lead factory in 
     Herculaneum, MO suffered from a number of health problems,'' 
     he said. ``He died at an early age. It was a sad personal 
     history.''
       Medical experts say that lead can damage the nervous system 
     of growing children and adults.

  Senator Bradley, as I have indicated, has become interested in this, 
and he had a program that he started that was most helpful to my 
legislation. His program was called Get the Lead Out. It is a program 
he worked very hard on and I, again, express my appreciation for his 
good work.
  Lead, interestingly enough, Madam President, is potentially toxic 
wherever it is found, and it is found almost everywhere. The factors 
listed in the ATSDR report is that lead is indestructible. Once removed 
from its geologically bound forms by human activities, lead poses a 
toxic threat for which there are no natural defense mechanisms.
  Second, there is an environmental accumulation factor. In effect, 
lead accumulates indefinitely in the environment so long as input 
continues, no matter how large or how small the quantity.
  The human body accumulation factor--we have talked about that: It 
comes in, it does not go out. And so even though you may get very, very 
small dosages, they build up over a period of time.
  The risk population accumulation factor--this means the estimates of 
exposure and toxicities based on data from particular points in time--
greatly understates the cumulative risk for a population posed by 
uniquely persistent and pervasive pollutants, such as lead.
  The pervasiveness of the problem. It is everywhere. The U.S. lead 
problem is not simply a problem of a generally neglected segment of 
society. At present, little or no margin of safety exists between 
existing blood lead levels in large segments of the U.S. population and 
those levels associated with toxicity risk.
  As I indicated, Dr. Needleman's work has been significant. Among 
other things, he made three major points in his testimony before the 
subcommittee. First is that this is the most serious pediatric problem 
in the United States today. The second is that it is totally 
preventable. That is why we are here today. Third is that in preventing 
it, we can accomplish enormous social good in other areas.
  Now, Dr. Needleman has those people who do not accept everything he 
says. As a result of that, we brought in a number of other people who 
talked to the committee about the dangers of lead. One man whom I have 
great respect for is a man by the name of Dr. Vernon Houk, at that 
time--he is retired now--of the Centers for Disease Control. He called 
lead poisoning the most common and the most societally devastating 
environmental disease of young children. He went on to say:

       I can't think of anything more devastating in a population 
     of children with no superior intelligence and geniuses.

  Another witness states that

       What lead destroys is what Walt Disney once described as 
     the most valuable natural resource of this country: the minds 
     of our children.

  Another witness said that if we had spread across the newspaper 
tomorrow morning the announcement that 30,000 cases of measles in the 
city of Baltimore had just occurred, there would be a public outcry, 
Madam President. However, the health department in Baltimore has 
publicly announced that there are 30,000 children in that city under 
the age of 7 who have blood lead levels high enough to cause permanent 
brain damage and, as the testimony indicated, there has been hardly a 
whimper of interest.
  Well, there have been a number of whimpers of interest, and that is 
why we are here, Madam President. We would have hoped there would be no 
lead in the environment through paint, but there is; 52 percent of all 
residential housing units in the country are painted with lead-based 
paint. This number includes almost all pre-1940 housing, 70 percent of 
the housing constructed between 1940 and 1959, and 20 percent of the 
1960 through 1974 housing. It is estimated that 13.6 million children 
live in housing with lead-based paint. Almost 2 million units, housing 
over one-half million children, are estimated to have peeling lead-
based paint.
  HUD found in a 1990 report that 57 million private homes built before 
1980 contained lead-based paint and about 10 million of these homes are 
occupied by children under age 7.
  Though the manufacture of lead-based paint for consumer use has been 
banned since 1978, these regulations have no effect on previously 
applied lead-based paint, nor do they apply to industrial, traffic, and 
certain other types of paint. The presence of such paints in the 
marketplace can result in misuse, as occurred in a Connecticut case 
where lead paint made for industrial use was found sold as household 
paint to unsuspecting consumers.
  Even where adequate regulations are in place, they provide no 
guarantee of compliance.
  Gasoline: American motor vehicles consumed over 5 billion gallons of 
lead gasoline in the year 1987. So we are cutting back but we are 
still, Madam President, using a lot of leaded paint and gasoline.
  Drinking water. We have done a good job there.
  Lead has accumulated, as I have indicated, in dust and soil in 
substantial amounts as a result of paint decomposition and fall off 
from airborne lead generated by motor vehicle and stationary source 
emissions.
  Madam President, at the first hearing I held in the subcommittee, I 
listened to this testimony and I was stunned. I was stunned because we 
were having testimony about what happens in old homes--the example in 
Maryland. And at the time of the hearing, my only daughter was pregnant 
with her first baby. They had just happily bought a first home here in 
the Washington, DC, area that was 52 years old, and they were in the 
process of refurbishing, taking the old paint off and fixing up this 
home, their first home.
  Well, as soon as that hearing ended, I got on that phone and I told 
my wife, ``You have Steve and Lana move in with us. And they can live 
with us until they get that house taken care of.'' They then went out 
and had to hire somebody to find out if their house was lead poisoned, 
and it was. And it cost a lot of money to make that house so that they 
could move in with my granddaughter.
  Well, that is well and good, Madam President, but most people do not 
have the ability to do what my daughter and her husband did. All over 
the country there are people like my little Mattie, my granddaughter, 
who have not had the ability to have the paint removed from their home, 
and as a result of that they are not able to do what they should be 
able to do because they have been sidetracked emotionally and mentally 
by lead. I repeat, Madam President, these are not mere statistics. 
These deal with real human beings.
  I have talked about lead in cans. It has dropped from over 90 percent 
as it was in 1979 to now about 4 or 5 percent and going down all the 
time.
  We also learned during our hearings that we have problems with lead 
in crystalware. A lot of people have crystalware, and we like to show 
it off and a lot of times put beverages in those crystal containers, 
and it stays there a long time. Well, it should not because the longer 
it is in there, as we have learned by studying the Romans, the more the 
lead leaches out and the more harmful it can become.
  So that is the background of why this legislation needs to pass. I 
have talked about the help of Senator Bradley, Senator Baucus, and 
Senator Chafee. I appreciate very much the help that they have given. 
But no one, Madam President, has helped more than Senator Lieberman. 
Senator Lieberman has attended faithfully every hearing that we have 
had dealing with lead abatement. He has always come well prepared to 
ask good, hard questions.
  He has been most helpful the last few days while we have been trying 
to work things out to get this bill to the Chamber. So I am very 
grateful to Senator Lieberman for his leadership in this legislation.
  The reason I mentioned Senator Chafee's name, Madam President, is 
that the entire Committee has become educated on the dangers of lead. 
This bill is not a Democratic bill. This bill is a bipartisan effort to 
try to take lead out of the environment.
  It has not been easy to get to this point. We have had to compromise 
things that I did not want to compromise. But we had to do it. This is 
a bipartisan effort to get a bill. As I said, we have all been 
educated. A lot of us went into this with different ideas about the 
dangers of lead. I think my friends on the other side of the aisle also 
had different ideas as to the dangers of lead and thought maybe that 
Harry Reid's world was exaggerated. They have been great in 
understanding why we need this legislation. It has not come easy. We 
have all taken a long time to be educated.
  I have a totally different outlook on lead than I did when I started. 
One of the things that we have found with lead is that, as bad as it 
is, it is the only thing that works in certain instances. As bad as 
lead is, it is the only thing that works for certain uses.
  We made a finding in this legislation that lead poisoning is the most 
prevailing disease of environmental origin among American children 
today, and that the continued manufacture, import, processing, use of, 
and disposal of lead-containing products may cause further release of 
lead into the environment and certain releases contribute to further 
environmental contamination and result in lead exposure. I understand 
that. We have made that finding. But having said that and having the 
legislation match it has not been that easy.
  What we have had to do is hold hearings. We have held a number of 
hearings, the most noteworthy of which was in March 1990, June 1990, 
February 1991, and June 1993. We have had 53 witnesses that have 
appeared personally before the committee. We have had scores of other 
witnesses that have appeared through giving us written testimony. And I 
repeat, there have been countless hours of meetings held with members 
of my staff, members of the Environment and Public Works Committee 
staff, and with various special interest groups who have been concerned 
about this legislation.
  I will briefly go over what the legislation does because I do not 
want to take more time than necessary because I know that Senator Smith 
wants to speak on this and also another matter of business concerning 
the State of New Hampshire and the country. I want to make sure he has 
the opportunity to do that.
  What we have done in this legislation is in section 103 to regulate 
the use of lead in several products. The use of lead is not essential 
in any of the following products and would be restricted: Paint, 
plumbing fixtures, solder, toys, recreational game pieces, packaging, 
inks, and curtain rods.
  With respect to paint, lead continues to be used in a number of paint 
and coating applications, including traffic paint. We tried for years 
literally to come up with some substitute for painting the white lines 
and yellow lines down the street. We could not come up with anything. 
You have to have lead or you cannot see it. Bridge paint, similar 
problems there; motor vehicle primer; refinishing paint; mirror 
backings. We thought we had something with mirror backings, and could 
not do it; a variety of other industrial and graphic art coatings. It 
has been estimated that some 33 million pounds of lead were used by the 
paint industry alone in 1989.
  Madam President, there are certain paints in which a nonlead 
substitute is currently not available. We have to recognize that. Even 
though some would disagree, I think the significant weight of 
scientific evidence weighs in favor of what the committee has done.
  Lead solder is included, to further the ban on lead solder and 
plumbing that was adopted as part of the 1986 Safe Drinking Water Act. 
There is evidence that lead solder in plumbing is still being used, 
significant evidence, and we need to terminate that. Therefore, we 
require EPA to promulgate regulations to ban lead commonly used in 
plumbing systems. And, second, we require the EPA to promulgate 
regulations restricting the sale and display of lead solders that are 
not commonly used in plumbing systems. The purpose of that, of course, 
is not to have these in stores so that people come and buy them when 
there is no reason to do that. They should only be used for specific 
purposes.
  We have addressed the uses involving national security by exemption, 
which protects paramount interest of the United States. That will be 
determined by the administration's Environmental Protection Agency and 
the Secretary of Defense.
  In packaging, we want to do what we can to make sure that there is no 
lead that is intentionally added to any elements of packaging 4 years 
after enactment. Some States have already done this. It is working out 
quite well because these heavy metals with lead need not be put in the 
municipal waste train which pose, of course, a threat to the 
environment. We had to make an exemption for certain artists for some 
of the paints that they use which are lead based.
  Senator Baucus, the chairman of the committee, talked about what we 
have done with lead acid batteries, which I think is really one of the 
strong points of this legislation. But, in addition to that, we have an 
inventory of lead-containing products in new use notification 
procedures. I am going to send a modification to the desk which has 
been cleared on both sides that make a number of changes which I will 
briefly explain.
  We have done something in this legislation with product labeling. We 
want to make sure that people are alerted as to the danger of lead in 
products that we cannot do away with.
  Dr. James Mason, who is retired now, but was at one time the chairman 
of the Centers for Disease Control, and also an Assistant Secretary of 
Health and Human Services, has stated studies on health effects of lead 
over the past 20 years uncover a consistent trend. The more that is 
learned about lead effects on children and fetuses, the lower the blood 
level at which adverse effects can be documented. That is why we have 
to be extremely careful with the labeling aspect of this legislation.
  We also have a section that deals with lead contamination of schools 
and day care facilities. The chairman of the committee covered that 
adequately. Basically, what we do is provide for testing for lead in 
day care centers. I must say that my friend from New Hampshire was 
someone that brought to the attention of the chairman of the 
subcommittee that what we were doing was creating an unfunded mandate 
unless we changed it.
  As a result of the work of Senator Smith and others, we now do not 
have an unfunded mandate. There are some Members of the Senate and the 
other body who felt we should pass the law and let the States figure 
out how to pay for it. We have done that so often that we cannot do it 
anymore. The States cannot afford it. So what we do under this 
legislation is there is a program that has been authorized to allow 
States with the direction and help of the Federal Government to test 
day care facilities and schools for lead. It will not be done all at 
once. But it will be done. We are not putting this unfunded mandate on 
the schools and day care centers.
  We have also blood lead and other abatement and measurement programs 
set forth in the legislation. Section 109 establishes the National 
Center for Prevention of Lead Poisoning, and we are going to establish 
one or more national centers for the prevention of lead poisoning to be 
established at higher education institutions or academic medical 
centers to promote research and development in the reduction of the 
exposure to lead.
  We have some miscellaneous sections in the legislation, Madam 
President. Beginning in section 201, according to Dr. Vernon Houk, who 
has already received accolades, he states if there is a threshold below 
which there are no adverse effects of lead on the young, it is near 
zero. Further, the majority of children whose intelligent development 
are being affected by lead are never identified.
  That is why we have to do a better job of reporting blood lead 
levels. Dr. Herbert Needleman, whom we talked about earlier, recommends 
that children have a blood test for lead after their first birthday and 
every year thereafter until they are past age 6. So one of the things 
we have to do is make the test cheaper than what it has been. That is 
one of the purposes of this section.
  The report that we have talked about so much here, the Agency for 
Toxic Substances and Disease Registry, will be updated on a periodic 
basis. This legislation calls for that. We talk about restrictions on 
lead in ceramic ware and crystal, for the reasons I have mentioned 
earlier.
  (Mr. MATHEWS assumed the chair.)
  Mr. REID. Mr. President, we have heard from the EPA, of course; the 
Color Pigments Manufacturers Association; the National Parent-Teachers 
Association; the National Education Association; the Alliance Against 
Childhood Lead Poisoning; the National Education Association; Exide 
Corp. in behalf of Battery Council International; Asarco, Inc., which 
is one of the companies mining lead; the National School Boards 
Association; Electronic Industry Association; American Fish and Tackle 
Manufacturers Association, and others.
  I wanted this spread on the Record, Mr. President, because I wanted 
the Record to reflect that anyone wanting to come and tell us about the 
problems with lead, either pro or con, has been given the opportunity 
to do that.
  Mr. President, I have a modification that I am going to offer.
  Mr. DANFORTH. Will the Senator from Nevada yield for a question?
  Mr. REID. The Senator from Nevada is happy to yield.
  Mr. DANFORTH. Section 401(b) of this legislation states that:

       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.

  My question has to do with the definition of further releases of lead 
into the environment. It is my understanding that this does not refer 
to lead mining activities. Instead, it refers to disposal or discharges 
which result in adverse human or environmental exposures. Is the 
Senator from Missouri correct in his interpretation?
  Mr. REID. The Senator from Missouri is correct in his interpretation.
  Mr. DANFORTH. I thank the Senator.
  Mr. REID. Mr. President, I yield to my friend from New Hampshire, who 
is comanaging this bill, and then I will have a few more things to say.
  Mr. SMITH. Mr. President, let me just state as a courtesy to my 
colleagues that this side has no objection to the bill and do not 
intend to request a recorded vote. At this time, I do not have a 
request for a recorded vote. If there are any of my colleagues on our 
side who wish a recorded vote, if they would so indicate to me during 
the course of the next few minutes, it would be helpful.
  Mr. REID. If I could interrupt, I have previously indicated that 
there probably will have to be a vote on this. But we will work on 
that.
  Mr. SMITH. I understand. There is a possibility of an amendment or 
colloquy or something regarding the fishing sinker amendment. But at 
this point I do not have any such language.
  Mr. President, I want to start by commending my colleague from 
Nevada. This is an issue that he has worked a long, long time on, with 
great passion. It is something that he believes in very deeply. He 
really sunk his teeth into the issue and stayed with it tenaciously, 
and at the same time, he was extremely accommodating to me and all of 
those who had some differences from time to time with the bill. He was 
always willing to talk and to negotiate, to try to come to some 
consensus or agreement. He has done a fantastic job in that regard on 
this legislation, and I commend him for it.
  This bill, S. 729, called the Lead Exposure Reduction Act, is a very 
important response to the use of lead in instances where there is 
unreasonable risk of lead exposure, and subsequent risk to human health 
does exist.
  Again, I want to emphasize the words ``unreasonable risk'' of lead 
exposure and ``subsequent risk'' to human health. I think that this 
bill is a response to that unreasonable risk and subsequent risk.
  We all know the adverse health effects associated with lead exposure, 
and particularly alarming, as Senator Reid has pointed out very 
eloquently, is the impact of lead exposure on our children. These risks 
have not gone unnoticed to the public. Congress has specifically 
addressed the lead problem in gasoline; it has addressed the concerns 
in paint, drinking water, and solid waste, to name just a few.
  Most recently, Congress debated the lead issue in the context of the 
Housing and Community Development Act of 1992. Title X of that act 
tackled what EPA considers to be one of the major exposure concerns in 
the environment--lead-based house paint. It included comprehensive 
provisions for the evaluation and reduction of lead-based paint in our 
aging stock of federally owned housing. Yet, there is a whole host of 
other lead-containing products on the market. Some may present a 
serious risk to human health and the environment, and others may not. I 
think we try to accommodate concerns of those products that do not in 
this legislation, as well as dealing with those that do.
  That is the focus of S. 729, on lead in consumer products. Unlike the 
bill which was originally reported on this matter, the legislation 
before us now does not address the issues of lead exposure during 
manufacturing and processing. This is quite a change. The aim here in 
this legislation is to deal with the adverse exposure through the 
marketplace, where our children are most susceptible. The intent is not 
to ban legitimate and beneficial uses of lead. Senator Reid indicated 
that there are some areas where we just do not have alternatives, and 
there is no attempt to ban where there is no reasonable alternative.
  The bill is straightforward. It calls on the administrator of the EPA 
to: One, develop an inventory of all lead-containing products sold or 
distributed in commerce.
  Secondly, it establishes a list of lead-containing products or 
categories of products that the administrator determines may present an 
unreasonable risk of injury to human health or the environment.
  Thirdly, it provides for the labeling of products included on the 
exposure concern list.
  In addition, the bill restricts the use of lead in paint, plumbing, 
fittings, fixtures, solders, toys, packaging, and inks.
  The legislation also establishes an important mandatory recycling 
program for lead-acid batteries. Under the bill incineration and 
landfill incineration of batteries would be prohibited. Rather, such 
batteries would be managed through a reverse distribution system from 
battery retailers to smelters for recycling.
  I might add that this provision is supported by the Battery Council 
as well.
  Finally, the bill includes several important provisions with respect 
to research into lead abatement and health protection from exposure to 
lead.
  In conclusion, I would like to touch on one point, Mr. President. 
Section 107 of the bill provides for lead testing and inspection of 
schools and day care centers constructed prior to 1980 contingent upon 
availability of Federal funding, and I emphasize contingent upon 
availability of Federal funding. Senator Reid addressed that. This bill 
does not mandate cleanup of these facilities. It does not mandate 
cleanup of these facilities.
  It may be the case that there is not a lead problem in these 
facilities. We do not know at this point. It may be there is. I do 
know, however, that the bill does not provide funding for lead 
abatement. Testing, yes; but abatement, no. I make it clear we may have 
to revisit the issue at a later date. There is some controversy.
  We have a letter from the National School Boards Association which I 
ask unanimous consent to print in the Record at this point.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                           National School Boards Association,

                                                     May 23, 1994.
     Re S. 729, the Lead Reduction Act of 1993.
     Member,
     U.S. Senate, Washington, DC.
       Dear Senator: We are writing on behalf of the National 
     School Boards Association (NSBA). The National School Boards 
     Association speaks on behalf of public education nationwide 
     and represents 95,000 school board members who endeavor daily 
     to provide an excellent public education to every child in 
     the country. School board members are the elected and 
     appointed officials responsible for making the hundreds of 
     difficult choices that balance educational programs against 
     the fiscal realities which they and local voters face.
       We understand that the Lead Reduction Act of 1993, S. 729, 
     may be brought up on the Senate floor as early as Tuesday, 
     May 24. Our testimony last summer described several of the 
     problems we have with the bill. Our most fundamental dilemma 
     is that this bill represents another unfunded federal mandate 
     to schools. If Congress views the prevention of lead 
     poisoning as a critical activity for schools to undertake, 
     the federal government should pay for a substantial amount of 
     the cost and require state environmental departments to 
     conduct the abatement. Otherwise schools will be required to 
     pay millions and millions of dollars in abatement costs from 
     local property taxes--the most regressive tax available.
       Although lead abatement--removal, encapsulation, or 
     management--is not required in this bill, nevertheless the 
     notification process will create intense pressure to perform 
     abatement. It is disingenuous to suggest that parents can be 
     told that there is lead in their child's school and not 
     expect them to demand abatement. The result is that lead 
     abatement will rob schools of funds that need to stay in the 
     classroom. The abatement of lead paint, dust and lead in the 
     soil and water is extremely costly and requires an 
     understanding of both the environmental hazard and the 
     available abatement procedures. The trained professional in 
     the state environment department would be the most effective 
     in handling the abatement process with a strong 
     communications and scheduling role for the school board. With 
     the state's expert scientific advice, the state department 
     and the school board could develop a plan to ensure that the 
     timing is appropriate for the school calendar, communications 
     with the parents are complete, and accurate and timely 
     information is available to the media and other interested 
     parties.
       If you or your staff have any questions, please contact 
     Laurie A. Westley, NSBA's Chief Legislative Counsel, at 703-
     838-6703.
           Sincerely yours,
     Boyd W. Boehlje,
       President.
     Thomas A. Shannon,
       Executive Director.

  Mr. SMITH. Mr. President, there is no intention--I want to make it 
clear, and I will respond to the letter. I will make it clear there is 
no intention on this Senator's part to create an unfunded mandate, 
period, no intention.
  The purpose here is only to establish a program for testing. In the 
letter from the School Boards Association, I understand their concern. 
I used to be a school board member myself. They are basically taking 
the point that although lead abatement is not required in the bill, 
nevertheless, the notification process will create intense pressure to 
perform abatement. That is a decision for the community to make. That 
is the community's decision. If they look at this and do some studies 
and they do not feel the lead is in significant amounts or not a health 
hazard in their community or their school, for whatever reason, that is 
their decision. We are not mandating at all. Wherever we are requiring 
testing we are funding it. If we do not fund it, we do not require it.
  I think Senator Reid has gone a long way, and we all worked a long 
time on this. I believe it is a reasonable piece of legislation that 
tries to take into consideration all the factors and all the concerns. 
It is probably not perfect. I do not know much that is.
  I do support the bill and intend to vote for it if there is a 
recorded vote.
  At this time, Mr. President, I see no other speakers on our side. I 
yield the floor to the chairman.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. I thank Senator Smith.


                Modification to the Committee Amendment

  Mr. REID. Mr. President, I have been authorized on behalf of the 
Committee on Environment and Public Works to modify the committee 
amendment, and I now send that modification to the desk.
  The PRESIDING OFFICER. The committee amendment is so modified.
  The committee amendment was modified as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                        TITLE I--LEAD ABATEMENT

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

                        TITLE II--MISCELLANEOUS

Sec. 201. Reporting of blood-lead levels; blood-lead laboratory 
              reference project.
Sec. 202. Update of 1988 report to Congress on childhood lead 
              poisoning.
Sec. 203. Additional conforming amendments.
Sec. 204. Non-interference.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

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

     SEC. 101. FINDINGS AND POLICY.

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

     ``SEC. 401. FINDINGS AND POLICY.

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

     SEC. 102. DEFINITIONS.

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

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

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

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

       ``(a) General Restrictions.--
       ``(1) In general.--
       ``(A) Prohibition on the import, manufacturing, or 
     processing of a product.--Beginning on the date that is 1 
     year after the date of enactment of this subsection, no 
     person may import, manufacture, or process a product in any 
     of the product categories described in paragraph (2).
       ``(B) Prohibition on the distribution in commerce of a 
     product.--Beginning on the date that is 2 years after the 
     date of enactment of this subsection, no person may 
     distribute in commerce a product in any of the product 
     categories described in paragraph (2).
       ``(2) Product categories.--The product categories described 
     in this paragraph are as follows:
       ``(A) Paint containing more than 0.06 percent lead by dry 
     weight, other than--
       ``(i) corrosion inhibitive coatings, including electrocoats 
     and electrodeposition primers, applied by original equipment 
     manufacturers to motor vehicle parts and containing no more 
     than 1.9 percent lead by weight in dry film;
       ``(ii) certain paints and primers for equipment used for 
     agricultural, construction, general, and industrial forestry 
     purposes;
       ``(iii) paints containing lead chromate pigments; and
       ``(iv) zinc-enriched industrial paint with respect to which 
     the incidental presence of lead does not exceed 0.19 percent 
     lead by dry weight.
       ``(B) Toys and recreational game pieces containing more 
     than 0.1 percent lead by dry weight, except for toys and 
     games with respect to which all lead is contained in 
     electronic or electrical parts or components and that meet 
     the standards and regulations for content, manufacture, 
     processing, and distribution established by the Consumer 
     Product Safety Commission under the Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.).
       ``(C) Curtain weights--
       ``(i) that are not encased in vinyl or plastic;
       ``(ii) that contain more than 0.1 percent lead by dry 
     weight; and
       ``(iii) that are common in residential use.
       ``(D) Inks containing more than 0.1 percent lead by dry 
     weight used in printing newspapers, newspaper supplements, or 
     magazines published more than once per month.
       ``(3) Glass coatings.--
       ``(A) In general.--Beginning on the date that is 5 years 
     after the date of enactment of this subsection, no person may 
     import, manufacture, or process a product in any of the 
     product categories described in subparagraph (B), and 
     beginning on the date that is 6 years after the date of 
     enactment of this subsection, no person may distribute in 
     commerce a product in any of the product categories described 
     in subparagraph (B).
       ``(B) Product categories.--The product categories described 
     in this subparagraph are as follows:
       ``(i) Architectural glass coatings containing more than 
     0.06 percent lead by dry weight.
       ``(ii) Automotive window coatings containing more than 0.06 
     percent lead by dry weight.
       ``(4) Statutory construction.--Nothing in this section 
     shall prohibit the recycling of any product listed in this 
     subsection if, following the original use of the product, the 
     product is reused as a raw material in the manufacture of any 
     product that is not listed under this subsection.
       ``(b) Modification of Restrictions.--
       ``(1) In general.--The Administrator may, after public 
     notice and opportunity for comment, promulgate regulations to 
     modify, pursuant to paragraphs (2) and (3), the percentage of 
     the allowable lead content for a product, or a group of 
     products, within a product category described in 
     subparagraphs (A) through (D) of subsection (a)(2) or 
     subsection (a)(3)(B).
       ``(2) Reduced percentage.--The Administrator may, pursuant 
     to paragraph (1), establish by regulation a percentage by dry 
     weight of the allowable lead content that is less than the 
     percentage specified under subsection (a) (including 
     nondetectable levels) for a product, or a group of products, 
     within any product category described in subparagraphs (A) 
     through (D) of subsection (a)(2) or subsection (a)(3)(B) if 
     the Administrator determines that a reduction in the 
     percentage of the allowable lead content is necessary to 
     protect human health or the environment.
       ``(3) Increased percentage.--
       ``(A) In general.--The Administrator may, pursuant to 
     paragraph (1), establish by regulation a percentage by dry 
     weight of the allowable lead content that is greater than the 
     percentage specified under subsection (a) for a product, or a 
     group of products, within any product category described in 
     subparagraphs (A) through (D) of subsection (a)(2) or 
     subsection (a)(3)(B) if the Administrator determines that an 
     increase in the percentage of the allowable lead content will 
     not adversely affect human health or the environment.
       ``(B) Review.--Not later than 2 years prior to the 
     termination date of a regulation promulgated under paragraph 
     (1) in accordance with subparagraph (A), the Administrator 
     shall review the regulation. If the Administrator determines, 
     pursuant to subparagraph (A), that the promulgation of a 
     revised regulation is appropriate, the Administrator, not 
     later than 1 year prior to the termination date of the 
     regulation, may promulgate a revised regulation that shall 
     terminate on the date that is 6 years after the date the 
     revised regulation becomes final.
       ``(4) Waivers for toys and recreational game pieces.--Not 
     later than 1 year after the date of enactment of this 
     subsection, the Administrator shall promulgate regulations to 
     waive the requirements of subsection (a)(2)(B) with respect 
     to certain toys and recreational game pieces that are 
     collectible items and scale models intended for adult 
     acquisition.
       ``(5) Exemption of paints.--
       ``(A) Determination.--
       ``(i) In general.--Not later than 5 years after the date of 
     enactment of this subsection, the Administrator shall 
     determine, following public notice and opportunity for 
     comment, whether there is--

       ``(I) 1 (or more) primer paint suitable for use as an 
     electrocoat or electrodeposition primer (or both) on motor 
     vehicle parts that contains less than 1.9 percent lead by 
     weight in dry film;
       ``(II) 1 (or more) original equipment manufacturer paint, 
     primer, or service paint or primer for mirror manufacturing 
     or for equipment used for agricultural, construction, and 
     general industrial and forestry purposes that, in the dry 
     coating, has a lead solubility of less than 60 milligrams per 
     liter, as described in the American National Standards 
     Institute (referred to in this title as `ANSI') standard 
     Z66.1;
       ``(III) 1 (or more) substitute for paints containing lead 
     chromate pigments for use in any class or category of uses 
     that contains less than or equal to 0.06 percent lead by 
     weight in dry film; or

       ``(IV) 1 (or more) substitute for zinc-enriched industrial 
     paint for use in any class or category of uses that contains 
     less than 0.19 percent lead by weight in dry film.

       ``(ii) Additional determination by administrator.--The 
     Administrator also shall determine whether 1 (or more) paint 
     or primer referred to in clause (i)--

       ``(I) has substantially equivalent corrosion inhibition and 
     related performance characteristics to any paint or primer; 
     and
       ``(II) does not pose a greater risk to human health and the 
     environment than a paint or primer,

     in use for the applicable purpose specified in clause (i) on 
     the date of enactment of this subsection.
       ``(B) Identification.--If the Administrator determines 
     pursuant to subparagraph (A), that 1 (or more) of the paints 
     and primers referred to in subparagraph (A) meets the 
     applicable specifications under such subparagraph, the 
     Administrator shall identify the lead content of the paint or 
     primer of each applicable category of paints or primers (or 
     both) under subclauses (I) through (IV) of subparagraph 
     (A)(i).
       ``(C) Prohibition on importation, manufacturing, and 
     processing.--For a category of paints or primers (or both) 
     referred to in subparagraph (B), beginning on the date that 
     is 3 years after the Administrator makes a determination 
     under subparagraph (B), no person shall import, manufacture, 
     or process any paint or primer with a lead content that 
     exceeds the level identified by the Administrator pursuant to 
     subparagraph (B).
       ``(D) Prohibition on distribution in commerce.--For a 
     category of paints or primers (or both) referred to in 
     subparagraph (B), beginning on the date that is 4 years after 
     the Administrator makes a determination under subparagraph 
     (B), no person shall--
       ``(i) distribute in commerce any paint or primer with a 
     lead content that exceeds the level identified by the 
     Administrator; or
       ``(ii) import, manufacture, or process any new motor 
     vehicle or new motor vehicle part or new equipment part 
     coated with the paint or primer with a lead content that 
     exceeds the level identified by the Administrator.
       ``(E) Effect of negative determination.--If the 
     Administrator determines, pursuant to subparagraph (A), that 
     there is no paint or primer suitable for a use referred to in 
     subclause (I), (II), (III), or (IV) of subparagraph (A)(i) 
     that meets the applicable requirements under subparagraph 
     (A)--
       ``(i) beginning on the date that is 13 years after the date 
     of enactment of this subsection, no person shall import, 
     manufacture, or process any paint or primer for the use 
     specified in the determination pursuant to subparagraph (A); 
     and
       ``(ii) beginning on the date that is 14 years after the 
     date of enactment of this subsection, no person shall 
     distribute in commerce any paint or primer for the use 
     specified in the determination pursuant to subparagraph (A) 
     (or import, manufacture, or process any motor vehicle or 
     motor vehicle part or new equipment part coated with the 
     paint or primer),

     that contains a lead content that exceeds a level of lead 
     content that the Administrator shall determine, on the basis 
     of the identification of the lead content of paints and 
     primers for the use.
       ``(c) Statements by the Administrator Relating to 
     Modifications of Restrictions.--In promulgating any 
     regulation under subsection (b) with respect to the allowable 
     lead content for a product, or a group of products, under a 
     product category, the Administrator shall, prior to the 
     promulgation of a final regulation, consider and publish a 
     statement that describes the effects of the proposed 
     allowable lead content level for the product, or group of 
     products, under the product category on human health and the 
     environment.
       ``(d) Lead Solder.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator shall 
     promulgate regulations to ban the manufacture, importation, 
     processing, sale, and distribution in commerce of lead 
     solders commonly used in plumbing systems, including lead 
     solder that contains 50 percent tin and 50 percent lead (50-
     50 tin-lead solder) and lead solder that contains 85 percent 
     tin and 15 percent lead (85-15 tin-lead solder).
       ``(2) In general.--
       ``(A) Restrictions on sale and display of lead solders.--
     Not later than 2 years after the date of enactment of this 
     subsection, the Administrator shall promulgate regulations to 
     restrict the sale and display of lead solders that are 
     reasonably capable of being used in plumbing systems, 
     including, at a minimum--
       ``(i) a prohibition on the sale or display of the lead 
     solders in the plumbing supply section of a retail 
     establishment;
       ``(ii) a restriction on the sale or display of the lead 
     solders in a wholesale plumbing establishment;
       ``(iii) a prohibition on the sale or display of the lead 
     solders in proximity to plumbing materials in an 
     establishment; and
       ``(iv) a requirement that each of the lead solders be 
     labeled to indicate that the solder is not intended for use 
     in a plumbing system.
       ``(B) Further restrictions on lead solders.--The 
     Administrator shall by regulation establish a further 
     restriction on the manufacture, sale, display, or labeling of 
     lead solders, if the Administrator determines that the 
     restriction is necessary to prevent the use of lead solders 
     in plumbing systems.
       ``(e) Plumbing Fittings and Fixtures.--
       ``(1) In general.--If a voluntary standard for the leaching 
     of lead from new plumbing fittings and fixtures that are 
     intended by the manufacturer to dispense water for human 
     ingestion is not established by the date that is 1 year after 
     the date of enactment of this subsection, the Administrator 
     shall, not later than 2 years after the date of enactment of 
     this subsection, promulgate regulations setting a health-
     effects-based performance standard establishing maximum 
     leaching levels from new plumbing fittings and fixtures that 
     are intended by the manufacturer to dispense water for human 
     ingestion. The standard shall take effect on the date that is 
     5 years after the date of promulgation of the standard.
       ``(2) Alternative requirement.--If regulations are required 
     to be promulgated under paragraph (1) and have not been 
     promulgated by the date that is 5 years after the date of 
     enactment of this subsection, no person may import, 
     manufacture, process, or distribute in commerce a new 
     plumbing fitting or fixture, intended by the manufacturer to 
     dispense water for human ingestion, that contains more than 4 
     percent lead by dry weight.
       ``(f) Packaging.--
       ``(1) Definitions.--As used in this subsection:
       ``(A) Incidental presence.--The term `incidental presence' 
     means the presence of lead in a package or packaging 
     component that was not purposely introduced into the package 
     or packaging component for the properties or characteristics 
     of the lead.
       ``(B) Intentionally introduce.--The term `intentionally 
     introduce' means to purposefully introduce lead into a 
     package or packaging component with the intent that the lead 
     be present in the package or packaging component. The term 
     does not include--
       ``(i) the presence of background levels of lead that 
     naturally occur in raw materials or are present as 
     postconsumer additions, and that are not purposefully added 
     to perform as part of a package or packaging component; and
       ``(ii) any trace amounts of a processing aid or similar 
     material that is used to produce a product from which a 
     package or packaging component is manufactured.
       ``(2) Intentional introduction.--Beginning on the date that 
     is 4 years after the date of enactment of this subsection--
       ``(A) no package or packaging component shall be sold or 
     distributed in commerce by a manufacturer or distributor; and
       ``(B) no product shall be distributed in commerce by the 
     manufacturer or distributor of the product in a package,

     if the product includes, in the package, or in any packaging 
     component, any ink, dye, pigment, adhesive, stabilizer, or 
     other additive to which lead has been intentionally 
     introduced as an element during manufacturing or distribution 
     (as opposed to the incidental presence of lead).
       ``(3) Limitations on the average of concentration levels 
     from incidental presence of lead.--Notwithstanding paragraph 
     (2), the average of the concentration levels from any 
     incidental presence of lead present in any package or 
     packaging component, other than the lead originating from the 
     product contained in the package, shall not exceed--
       ``(A) for the fifth 1-year period after the date of 
     enactment of this subsection, 600 parts per million by weight 
     (0.06 percent);
       ``(B) for the sixth 1-year period after the date of 
     enactment of this subsection, 250 parts per million by weight 
     (0.025 percent); and
       ``(C) for the seventh 1-year period after the date of 
     enactment of this subsection, and for each 12-month period 
     thereafter, 100 parts per million by weight (0.01 percent).
       ``(4) Prohibition.--No package or packaging component shall 
     be sold or distributed in commerce by a manufacturer or 
     distributor, and no product shall be sold or distributed in 
     commerce in a package by a manufacturer or distributor, if 
     the package or packaging component exceeds the applicable 
     level provided under paragraph (3).
       ``(5) Certificate of compliance.--
       ``(A) In general.--A certificate of compliance stating that 
     a package or packaging component is in compliance with the 
     requirements of this section shall be prepared and retained 
     by the manufacturer or distributor of the package or 
     packaging component.
       ``(B) Statement relating to exemption.--In any case in 
     which compliance with this section is based on an exemption 
     under paragraph (6), the certificate shall state the specific 
     basis upon which the exemption is claimed.
       ``(C) Signature of authorized official.--A certificate of 
     compliance shall be signed by an authorized official of the 
     manufacturer or distributor referred to in subparagraph (A).
       ``(6) Exemption from packaging requirements.--Prior to the 
     expiration of the 7-year period beginning on the date of 
     enactment of this subsection, on receipt of an application 
     (in such form and containing such information as the 
     Administrator may prescribe by regulation), the Administrator 
     may exempt from the requirements of paragraph (2), (3) or 
     (4)--
       ``(A) a package or packaging component manufactured prior 
     to the date of enactment of this subsection, as determined by 
     the Administrator; and
       ``(B) a package or packaging component to which lead has 
     been added in the manufacturing, forming, printing, or 
     distribution process in order to comply with health or safety 
     requirements of Federal law or the law of any State or 
     political subdivision of a State.
       ``(g) Exemptions.--
       ``(1) In general.--The Administrator shall, by regulation, 
     exempt from the restrictions described in subsection (a)(1) 
     on the lead content of paint any products that are imported, 
     processed, manufactured, or distributed in commerce for use 
     by artists in creating, restoring, and preserving works of 
     art, including graphic works of art, if the paint is sold or 
     otherwise distributed in a package labeled pursuant to the 
     requirements under section 405(c)(1).
       ``(2) Exemptions.--The Administrator shall, by regulation, 
     exempt from the applicable restrictions on lead content under 
     subsection (a) or (b) any product, or group of products, 
     within a product category used--
       ``(A) for a medical purpose (as defined by the 
     Administrator, in consultation with the Secretary of Health 
     and Human Services);
       ``(B) for a purpose in the paramount interest of the United 
     States (as determined by the Administrator, in consultation 
     with the Secretary of Defense);
       ``(C) for radiation protection (as jointly defined by the 
     Administrator and the Nuclear Regulatory Commission), 
     including any product or product category used in connection 
     with the national security programs of the Department of 
     Energy;
       ``(D) in the mining industry to determine the presence of 
     noble metals in geological materials; or
       ``(E) as radiation shielding in any electronic device, or 
     in specialized electronics uses in any case in which the 
     Administrator has determined that no appropriate substitute 
     for lead is available.
       ``(3) Statutory construction.--Nothing in this section or 
     the Lead Exposure Reduction Act of 1994 and the amendments 
     made by such Act is intended to prohibit the recycling (for 
     use as a raw material or for processing), recovery, or reuse 
     of lead-containing metal, glass, plastic, paper, or textiles, 
     except that any product manufactured or processed from the 
     lead-containing materials shall meet the requirements 
     (including standards) of this section.''.

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

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

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

       ``(a) Creation of an Inventory of Uses of Lead in Products 
     in Commerce.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall, with 
     the active participation of all interested parties, initiate 
     a survey of all lead-containing products sold or distributed 
     in commerce in the United States.
       ``(2) Development of inventory.--
       ``(A) In general.--On the basis of the survey described in 
     paragraph (1), the Administrator shall develop an inventory 
     of all lead-containing products sold or distributed in 
     commerce (referred to in this section as the `inventory').
       ``(B) Product categories.--In developing the inventory, the 
     Administrator may group in product categories those products 
     that meet both of the following criteria:
       ``(i) The products are functionally similar.
       ``(ii) The products provide similar opportunities for lead 
     exposure or release during manufacturing, processing, or use, 
     or at the end of the useful life of the product (taking into 
     account other applicable regulations).
       ``(3) Publication of draft inventory.--
       ``(A) In general.--The Administrator shall--
       ``(i) publish the inventory in the Federal Register in 
     draft form; and
       ``(ii) solicit public comment on the draft inventory and 
     the grouping of products by the Administrator pursuant to 
     paragraph (2).
       ``(B) Publication.--Not later than 4 years after the date 
     of enactment of this paragraph, after providing public notice 
     and opportunity for comment on the draft inventory, the 
     Administrator shall publish a final inventory.
       ``(4) Products containing components included on 
     inventory.--For the purposes of this section, any product 
     that contains lead-containing components included on the 
     inventory shall be deemed to be included on the inventory.
       ``(5) Failure of administrator to publish inventory.--If 
     the Administrator fails to publish the inventory by the date 
     specified in paragraph (3)(B), the list of products referred 
     to in subsection (c)(6)(C) shall be deemed to comprise the 
     inventory.
       ``(6) Modifications.--The Administrator may, from time to 
     time, after notice and opportunity for comment, make 
     modifications to the inventory published under this 
     subsection. If the Administrator modifies the inventory, the 
     Administrator shall publish the modified inventory.
       ``(b) List of Uses of Lead in Products That Pose Exposure 
     Concerns.--
       ``(1) In general.--Beginning on the date that is 6 years 
     after the date of enactment of this paragraph, the 
     Administrator shall issue regulations that establish a list 
     (referred to in this section as the `list') of lead-
     containing products or categories of products that the 
     Administrator determines may reasonably be anticipated to 
     present an unreasonable risk of injury to human health or the 
     environment due to--
       ``(A) exposure to lead released during and from use of such 
     a product by a consumer;
       ``(B) direct exposure of the product to the environment; or
       ``(C) exposure to lead at the end of the useful life of the 
     product;
     taking into account other applicable regulations.
       ``(2) Criteria for determination to list a product or 
     category of product.--Each determination to list a product or 
     category of product shall be based on exposure-related 
     information pertaining to the product or category of 
     products, or to a product or category of products that poses 
     similar exposure risks.
       ``(3) Specification of lead concentration.--For each 
     product or category of products, the Administrator shall 
     specify the concentration of lead (as a percentage of the dry 
     weight of the product or category of products) that the 
     Administrator determines to be the maximum concentration of 
     lead found in the product or category of products.
       ``(4) Modification of list.--
       ``(A) Additions to list.--After promulgating the list, the 
     Administrator may, by regulation--
       ``(i) add a product or category of products to the list, if 
     the Administrator determines that the product or category of 
     products meets the standard established in paragraph (1); or
       ``(ii) remove a product or category of products from the 
     list, if the Administrator determines that the product or 
     category of products does not meet the standard established 
     in paragraph (1).
       ``(B) Petitions for modifications.--
       ``(i) In general.--Any person may petition the 
     Administrator to make a determination to add a product or 
     category of products to the list, or to remove a product or 
     category of products from the list.
       ``(ii) Action by the administrator.--Not later than 2 years 
     after receipt of a petition under clause (i), the 
     Administrator shall take one of the following actions:

       ``(I) Grant the petition, initiate a procedure to 
     promulgate a regulation to add or delete the product or 
     product category as requested in the petition, and complete 
     the procedure by not later than 2 years after initiating the 
     procedure.
       ``(II) Deny the petition and publish an explanation of the 
     basis for denying the petition in the Federal Register.

       ``(5) Construction.--Nothing in this subsection shall be 
     construed to affect any authority of any person under section 
     5 or 6 concerning the manufacturing or processing of a lead-
     containing product or a category of such products.
       ``(c) Notification of New Uses of Lead in Products in 
     Commerce.--
       ``(1) In general.--
       ``(A) Publication.--After the publication of the inventory 
     in final form pursuant to subsection (a)(3), any person who 
     manufactures, processes, or imports a lead-containing product 
     referred to in subparagraph (B) shall submit to the 
     Administrator a notice prepared pursuant to paragraph (2) on 
     the commencement of the manufacture, processing, or 
     importation of the product.
       ``(B) Applicability.--Subparagraph (A) shall apply to any 
     lead-containing product for which a notice is required under 
     subparagraph (A) that--
       ``(i) is not listed in the inventory developed under 
     subsection (a); or
       ``(ii) is a product that--

       ``(I) is identified on the list promulgated under 
     subsection (b), or that is included in a category of products 
     identified on the list; and
       ``(II) utilizes a greater concentration of lead, as a 
     percentage of dry weight, than the concentration identified 
     by the Administrator for the product or category under 
     subsection (b)(3) (unless the concentration is exceeded on a 
     percentage basis solely as a result of efforts to reduce the 
     size or weight of the product, rather than by the addition of 
     greater quantities of lead into the product).

       ``(2) Contents of notice.--The notice required by paragraph 
     (1) shall include--
       ``(A) a general description of the product;
       ``(B) a description of the manner in which lead is used in 
     the product;
       ``(C) the quantity of the product manufactured, processed, 
     or imported; and
       ``(D) the quantity and percentage of lead used in the 
     manufacturing of the product, or the quantity and percentage 
     of lead contained in the imported product.
       ``(3) Report by the administrator.--On an annual basis, the 
     Administrator shall publish a report that provides a 
     nonconfidential summary of new uses identified pursuant to 
     this subsection. The report shall include aggregated 
     information regarding the amount of lead associated with the 
     new uses.
       ``(4) Relationship with other provisions.--The notification 
     requirement under paragraph (1) shall be subject to the 
     confidentiality provisions under section 5, and the research 
     and development exemption under section 5.
       ``(5) Amendment of list and inventory.--After the receipt 
     of a notice under paragraph (1), the Administrator shall--
       ``(A) make such amendments to the inventory established 
     under subsection (a) as the Administrator determines to be 
     appropriate; and
       ``(B) evaluate whether any new products should be added to 
     the list established under subsection (b).
       ``(6) Delay in publication.--
       ``(A) In general.--If the publication of a final list is 
     delayed beyond the date specified in subsection (b), 
     subparagraphs (B) and (C) shall apply.
       ``(B) Prohibition.--Beginning on the date that the final 
     list is required to be promulgated under subsection (b), and 
     until such time as a final list is published, no person shall 
     manufacture, process, or import a product that is listed or 
     included within a product category identified in subparagraph 
     (C), if--
       ``(i) the product, or a substantially similar product, has 
     not been distributed in commerce prior to the date of 
     enactment of this paragraph; or
       ``(ii) the product contains a greater percentage of lead 
     than any substantially similar product distributed in 
     commerce before the date of enactment of this paragraph,
     unless the person has submitted a notice under paragraph (2).
       ``(C) List of products or categories.--The list of products 
     or categories of products referred to in subparagraph (B) 
     shall be the products listed under section 403(a)(2) and 
     subsections (d) through (f) of section 403.
       ``(D) Burden of proof.--In any proceeding to enforce 
     subparagraph (B) with respect to a product, the manufacturer, 
     processor, or importer shall have the burden of demonstrating 
     that the manufacturer, processor, or importer had a 
     reasonable basis for concluding that the product (or a 
     substantially similar product) had been distributed in 
     commerce prior to the date of publication of the final list, 
     as referred to in subparagraph (B).
       ``(d) Exemptions.--
       ``(1) In general.--Subsections (b) and (c) shall not apply 
     to the following:
       ``(A) Stained glass products.
       ``(B) Articles referred to in section 3(2)(B)(v).
       ``(C) Containers used for radiation shielding.
       ``(2) Automotive dismantlers.--This section shall not apply 
     to any metal, glass, paper, or textile sold or distributed by 
     the owner or operator of any automotive dismantler or 
     recycling facility regulated by a State or the 
     Administrator.''.

     SEC. 105. PRODUCT LABELING.

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

     ``SEC. 405. PRODUCT LABELING.

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

     SEC. 106. BATTERIES.

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

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

       ``(a) Prohibitions.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of subsection (c), no person 
     shall--
       ``(A) place a lead-acid battery in any landfill; or
       ``(B) incinerate any lead-acid battery.
       ``(2) Disposal.--No person may--
       ``(A) discard or otherwise dispose of a lead-acid battery 
     in mixed municipal solid waste; or
       ``(B) discard or otherwise dispose of a lead-acid battery 
     in a manner other than by recycling in accordance with this 
     section.
       ``(3) Exemption.--Paragraphs (1) through (2) shall not 
     apply to an owner or operator of a municipal solid waste 
     landfill, incinerator, or collection program that 
     inadvertently receives any lead-acid battery that--
       ``(A) is commingled with other municipal solid waste; and
       ``(B) is not readily removable from the waste stream,

     if the owner or operator of the facility or collection 
     program has established contractual requirements or other 
     appropriate notification or inspection procedures to ensure 
     that no lead-acid battery is received at, or burned in, the 
     facility or accepted through the collection program.
       ``(b) General Discard or Disposal Requirements.--Beginning 
     on the date that is 1 year after the date of enactment of 
     subsection (c), no person (except a person described in 
     subsection (c), (d), or (e)) may discard or otherwise dispose 
     of any used lead-acid battery except by delivery to 1 of the 
     following persons (or an authorized representative of the 
     person):
       ``(1) A person who sells lead-acid batteries at retail or 
     wholesale.
       ``(2) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(3) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       ``(4) An automotive dismantler (as defined by the 
     Administrator).
       ``(5) A community collection program operated by, or 
     pursuant to an agreement with, a governmental entity.
       ``(6) A manufacturer of batteries of the same general type.
       ``(c) Discard or Disposal Requirements for Retailers.--
     Beginning on the date that is 1 year after the date of 
     enactment of this subsection, no person who sells lead-acid 
     batteries at retail may discard or otherwise dispose of any 
     used lead-acid battery except by delivery to 1 of the 
     following persons (or an authorized representative of the 
     person):
       ``(1) A person who sells lead-acid batteries at wholesale.
       ``(2) A lead smelter regulated by a State or the 
     Administrator under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(3) A battery manufacturer.
       ``(4) A collection or recycling facility regulated by a 
     State or subject to regulation by the Administrator under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       ``(5) An automotive dismantler (as defined by the 
     Administrator).
       ``(d) Discard or Disposal Requirements for Wholesalers, 
     Automotive Dismantlers, and Community Collection Programs.--
       ``(1) In general.--Beginning on the date that is 1 year 
     after the date of enactment of this subsection--
       ``(A) no person who sells lead-acid batteries at wholesale;
       ``(B) no automotive dismantler; and
       ``(C) no community collection program operated pursuant to 
     an agreement with a governmental entity,

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

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

       ``(a) Definitions.--As used in this section:
       ``(1) Battery pack.--The term `battery pack' means any 
     combination of rechargeable batteries containing 1 or more 
     regulated batteries that commonly has wire leads, terminals, 
     and dielectric housing.
       ``(2) Button cell.--The term `button cell', used with 
     respect to a battery, means any button-shaped or coin-shaped 
     battery.
       ``(3) Easily removable.--The term `easily removable', used 
     with respect to a rechargeable battery or battery pack, means 
     the battery or battery pack is detachable or removable from a 
     rechargeable consumer product by a consumer with the use of 
     common household tools at the end of the life of the battery 
     or battery pack.
       ``(4) Mercuric-oxide battery.--The term `mercuric-oxide 
     battery' means a battery that uses a mercuric-oxide 
     electrode.
       ``(5) Rechargeable battery.--The term `rechargeable 
     battery'--
       ``(A) means any type of enclosed device or sealed container 
     consisting of 1 or more voltaic or galvanic cells, 
     electrically connected to produce electric energy, that is 
     designed to be recharged for repeated uses; and
       ``(B) does not include--
       ``(i) any lead-acid battery used to start an internal 
     combustion engine or as the principal electrical power source 
     for a vehicle, such as an automobile, a truck, construction 
     equipment, a motorcycle, a garden tractor, a golf cart, a 
     wheelchair, or a boat;
       ``(ii) any lead-acid battery used for load leveling or for 
     the storage of electricity generated by an alternative energy 
     source, such as a solar cell or wind driven generator;
       ``(iii) any battery used as a backup power source for 
     memory or program instruction storage, timekeeping, or any 
     similar purpose that requires uninterrupted electrical power 
     in order to function if the primary energy supply fails or 
     fluctuates momentarily; and
       ``(iv) any alkaline battery.
       ``(6) Rechargeable consumer product.--The term 
     `rechargeable consumer product'--
       ``(A) means any product that when sold at retail includes a 
     regulated battery as a primary energy supply and that is 
     primarily intended for personal or household use; and
       ``(B) does not include any product that uses a battery 
     solely as a backup power source for memory or program 
     instruction storage, timekeeping, or any similar purpose that 
     requires uninterrupted electrical power in order to function 
     if the primary energy supply fails or fluctuates momentarily.
       ``(7) Regulated battery.--The term `regulated battery' 
     means any rechargeable battery that--
       ``(A) contains a cadmium or a lead electrode or any 
     combination of cadmium and lead electrodes; or
       ``(B) has another electrode chemistry and is the subject of 
     a determination by the Administrator pursuant to subsection 
     (b)(5).
       ``(8) Remanufactured product.--The term `remanufactured 
     product' means a rechargeable consumer product that has been 
     altered by the replacement of a part, repackaged, or 
     repaired, after initial sale by the original manufacturer.
       ``(b) Rechargeable Consumer Products and Labeling.--
       ``(1) Prohibition.--
       ``(A) In general.--No person shall sell to an end user for 
     use in the United States a regulated battery or rechargeable 
     consumer product manufactured on or after the date that is 1 
     year after the date of enactment of this subsection, unless--
       ``(i) the regulated battery--

       ``(I) is easily removable from the rechargeable consumer 
     product;
       ``(II) is contained in a battery pack that is easily 
     removable from the product; or
       ``(III) is sold separately from the product; and

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

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

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

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

       ``(a) Definitions.--As used in this subsection:
       ``(1) Covered day care facility.--The term `covered day 
     care facility' means the interior and exterior of any 
     building constructed before 1980 that is used as a day care 
     facility that regularly provides day care services for 
     children in kindergarten or younger children.
       ``(2) Covered school.--The term `covered school' means the 
     interior and exterior of any building constructed before 1980 
     that is used--
       ``(A) as an elementary school (as defined in section 
     1471(8) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 2891(8))); or
       ``(B) as a kindergarten that regularly provides education 
     for children in kindergarten or younger children.
       ``(3) Day care facility.--The term `day care facility' 
     means any portion of a facility used for day care for 
     children in kindergarten or younger children and owned or 
     operated by a person that provides the day care for 
     compensation, and that--
       ``(A) is licensed or regulated under State law for day care 
     purposes; or
       ``(B) receives Federal funds for day care purposes.
       ``(4) Lead hazard.--The term `lead hazard' means--
       ``(A) lead-based paint that is chipping, peeling, flaking, 
     or chalking;
       ``(B) any surface coated with lead-based paint that is 
     subject to abrasion;
       ``(C) any surface coated with lead-based paint that can be 
     mouthed by a child under 6 years of age; and
       ``(D) interior dust that contains a dangerous level of 
     lead, as identified by the Administrator.
       ``(5) Lead inspection.--The term `lead inspection' means an 
     inspection to detect the presence of any lead-based paint or 
     lead hazard.
       ``(6) Local education agency.--The term `local education 
     agency' means--
       ``(A) any local educational agency (as defined in section 
     1471(12) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 2891(12)));
       ``(B) the owner of any private nonprofit elementary or 
     secondary school building; and
       ``(C) the governing authority of any school operating under 
     the defense dependents' education system provided for under 
     the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 
     et seq.).
       ``(7) Owner or operator.--The term `owner or operator', 
     when used with respect to a school, means the local education 
     agency that has jurisdiction over the school.
       ``(8) Significant use.--The term `significant use' means 
     use by more than 1 child at least 2 times per week, and for a 
     total period of at least 2 hours per week.
       ``(b) Covered Schools and Covered Day Care Facilities.--
       ``(1) In general.--Except as provided in subsection (d)(4), 
     not later than 3 years after the date of enactment of this 
     subsection, the Administrator shall promulgate regulations 
     that shall be adequate to carry out this section and be 
     consistent with other regulations promulgated by the 
     Administrator under this title.
       ``(2) Regulations.--Pursuant to paragraph (1), the 
     Administrator shall promulgate regulations that require each 
     State that receives a grant under subsection (d) to--
       ``(A) not later than 3 years after the date of promulgation 
     of the regulations or the date on which amounts are allotted 
     to the State under subsection (d)(2), whichever is later, 
     conduct--
       ``(i) an inspection of--

       ``(I) each room of each covered school and covered day care 
     facility that is used daily or receives significant use by 
     children in kindergarten or by younger children to detect 
     interior lead-based paint and an inspection of each covered 
     school that is chipping, peeling, flaking, or chalking; and
       ``(II) each covered school and covered day care facility to 
     detect exterior lead-based paint; and

       ``(ii) an inspection of each room at each covered school 
     and covered day care facility that is used daily or receives 
     significant use by children in kindergarten or by younger 
     children for the purpose of detecting any lead-based paint or 
     interior dust in the rooms of the school or day care facility 
     that contains a dangerous level of lead, as identified by the 
     Administrator pursuant to section 412; and
       ``(B) prepare a report that includes--
       ``(i) the results of the inspections referred to in 
     subparagraph (A); and
       ``(ii) recommendations as to whether any lead hazard 
     detected pursuant to an inspection should be alleviated 
     through encapsulation, in-place management, or other form of 
     abatement.
       ``(3) Ranking.--In conducting inspections of covered 
     schools and covered day care facilities required by paragraph 
     (2), the appropriate official of the State shall--
       ``(A) rank facilities in the State in order of the severity 
     of the suspected lead hazard of the areas, in accordance with 
     procedures that the Administrator shall establish; and
       ``(B) give priority to inspecting covered schools and 
     covered day care facilities serving populations at greatest 
     risk.
       ``(4) Procedures.--The procedures referred to in paragraph 
     (3) shall use factors for assessing facilities, including--
       ``(A) medical evidence regarding the extent of lead 
     poisoning (as determined through lead screening) of children 
     in the area;
       ``(B) the ages of children in the area;
       ``(C) the age and condition of school buildings in the 
     area; and
       ``(D) the age and condition of the housing in the area,
     in order to determine which facilities in the State are most 
     likely to have a lead hazard.
       ``(5) Dissemination of reports.--
       ``(A) In general.--Each State shall provide to the owner or 
     operator of each covered school and covered day care facility 
     of the State a copy of the report required under paragraph 
     (2)(B).
       ``(B) Requirements for owners or operators.--
       ``(i) In general.--Except as provided under paragraph (6), 
     in each case in which an inspection conducted pursuant to the 
     requirements of paragraph (2) indicates the presence of lead-
     based paint that poses a lead hazard, or interior dust 
     containing a dangerous level of lead (as identified by the 
     Administrator pursuant to section 412) at a covered school or 
     covered day care facility, the owner or operator of the 
     covered school or covered day care facility shall, not later 
     than 60 days after receiving the report under subparagraph 
     (A), provide a copy of risk disclosure information that meets 
     the requirements of subparagraph (C) to all teachers and 
     other school personnel and parents (or guardians) of children 
     attending the covered school or covered day care facility 
     concerned.
       ``(ii) Notification to new personnel members and parents 
     and guardians of new students.--During such time as lead-
     based paint, or interior dust containing a dangerous level of 
     lead (as identified by the Administrator pursuant to section 
     412), continues to be present at the covered school or 
     covered day care facility, the owner or operator of the 
     covered school or covered day care facility shall also 
     provide the risk disclosure information referred to in clause 
     (i) to newly hired teachers and other personnel and parents 
     (or guardians) of newly enrolled children.
       ``(iii) No cause of action.--The failure of a teacher or 
     other school personnel member of a covered school or covered 
     day care facility, or parent (or guardian) of a child 
     (including a newly enrolled child) attending a covered school 
     or covered day care facility, to receive a copy of the risk 
     disclosure information shall not constitute a cause of action 
     under this subsection.
       ``(C) Risk disclosure.--
       ``(i) In general.--As part of the regulations required 
     under paragraph (2), the Administrator shall prescribe the 
     contents of the risk disclosure information required to be 
     provided to the persons specified in the regulations.
       ``(ii) Contents of risk disclosure information.--The 
     information shall include each of the following, with respect 
     to each covered school or covered day care facility:

       ``(I) A summary of the results of the inspection conducted 
     pursuant to paragraph (2).
       ``(II) A description of the risks of lead exposure to 
     children in kindergarten and younger children, teachers, and 
     other personnel at the covered school or covered day care 
     facility that takes into account the accessibility of lead-
     based paint or interior dust containing a dangerous level of 
     lead (as identified by the Administrator pursuant to section 
     412) to children in kindergarten and younger children, and 
     other factors that the Administrator determines to be 
     appropriate.
       ``(III) A description of any abatement undertaken, or to be 
     undertaken, by the owner or operator.

       ``(D) Method of providing information.--An owner or 
     operator of a covered school or covered day care facility may 
     provide the risk disclosure information to the parents (or 
     guardians) of the children attending the covered school or 
     covered day care facility concerned in the same manner as 
     written materials are regularly delivered to the parents (or 
     guardians).
       ``(6) Exemption from notice requirement.--An owner or 
     operator of a covered school or covered day care facility 
     shall not be required to provide notification under paragraph 
     (5) if, not later than 180 days prior to the date on which 
     the notification would otherwise be required--
       ``(A) the owner, operator, or the State performs 
     encapsulation, in-place management or other form of 
     abatement;
       ``(B) the State conducts a reinspection; and
       ``(C) the owner or operator obtains a report from the State 
     that shows that--
       ``(i) the lead-based paint that poses a lead hazard; and
       ``(ii) any interior dust containing a dangerous level of 
     lead, as identified by the Administrator,
     have been removed, encapsulated, or managed in place.
       ``(7) Availability of certain reports.--In lieu of 
     notification under paragraph (5), an owner or operator that 
     elects to perform encapsulation, in-place management, or 
     other form of abatement under this subsection shall--
       ``(A) make a copy of the inspection reports for inspections 
     conducted pursuant to this subsection available in each 
     administrative office of the owner or operator; and
       ``(B) notify parent, teacher, and employee organizations of 
     the availability of the reports.
       ``(c) Renovated Areas.--With respect to each renovation of 
     a covered school or covered day care facility that commences 
     on or after the date that is 1 year after the date of 
     promulgation of a regulation under subsection (b)(2), for 
     each covered school or covered day care facility in which a 
     renovation will be undertaken, the owner or operator of the 
     covered school or covered day care facility or the State (on 
     the request of the owner or operator) shall, prior to the 
     renovation--
       ``(1) conduct an inspection of the area to be renovated to 
     detect any lead-based paint that could be disturbed as a 
     result of the renovation; and
       ``(2) take any action that is necessary to ensure that the 
     renovation does not result in a dangerous level of lead (as 
     identified by the Administrator pursuant to section 412), in 
     interior dust.
       ``(d) Federal Assistance.--
       ``(1) In general.--
       ``(A) Grants.--The Administrator shall make grants to 
     States for the purposes of testing, at covered schools and 
     covered day care facilities, for--
       ``(i) lead-based paint that poses a lead hazard; and
       ``(ii) interior dust containing a dangerous level of lead 
     (as identified by the Administrator pursuant to section 412).
       ``(B) Use of grant award.--A grant awarded pursuant to this 
     subsection may be used by a State only to cover expenses 
     incurred by the State after the date of enactment of this 
     subsection for lead hazard inspection in covered schools and 
     covered day care facilities.
       ``(2) Allotment.--For each fiscal year, from amounts 
     appropriated pursuant to the authorization under subsection 
     (j), the Administrator shall allot to each State for the 
     purpose of making grants under this subsection, an amount 
     that bears the same ratio to the appropriated amounts as the 
     number of children under 7 years of age in the State bears to 
     the number of children under age 7 in all States.
       ``(3) Reallotment.--If the Administrator determines that 
     the amount of the allotment of any State determined under 
     paragraph (2) for any fiscal year will not be required for 
     carrying out the program for which the amount has been 
     allotted, the Administrator shall make the amount available 
     for reallotment.
       ``(4) Reservation by state.--For each fiscal year, from the 
     amounts allotted to a State under paragraph (2), the State 
     shall reserve not more than 5 percent of the amounts for 
     administrative costs.
       ``(5) Limitation on requirement.--
       ``(A) In general.--Except as provided in paragraph (6), the 
     Administrator shall require each State to fulfill the 
     requirements of subsection (b) relating to inspections only 
     to the extent that assistance under this section is available 
     to cover the costs of the inspections.
       ``(B) Requirements for regulations.--
       ``(i) In general.--With respect to any State that fails to 
     carry out an applicable requirement under subsection (b), the 
     Administrator shall take such action as may be necessary to 
     ensure that the State meets all applicable requirements of 
     subsection (b) not later than 2 years after the first day on 
     which the cumulative total of all amounts appropriated to the 
     States pursuant to the authorization under subsection (j) 
     equals or exceeds $90,000,000.
       ``(ii) Plan.--With respect to any State that fails to--

       ``(I) submit to the Administrator, by the date that is 6 
     years after the date of enactment of this subsection, a plan 
     that the Administrator determines adequate to complete all 
     applicable requirements of subsection (b) by not later than 8 
     years after the date of enactment of this subsection; or
       ``(II) implement the plan referred to in subclause (I),

     the Administrator shall ensure that the actions are completed 
     within the 8-year period referred to in subclause (I), or by 
     not later than 9 years after the date of enactment of this 
     subsection, in the case of any State that fails to implement 
     the plan.
       ``(6) Requirement for payments.--No payments shall be made 
     under this section for any fiscal year to a State unless the 
     Administrator determines that the aggregate expenditures of 
     the State for comparable lead inspection programs for the 
     year equaled or exceeded the aggregate expenditures for the 
     most recent fiscal year for which data is available.
       ``(7) Statutory construction.--Nothing in this section is 
     intended to prohibit the expenditure of Federal funds for the 
     purposes authorized under this section in or by sectarian 
     institutions. No provision of law (including a State 
     constitution or State law) shall be construed to prohibit the 
     expenditure in or by sectarian institutions of any Federal 
     funds provided under this section. Except as provided in the 
     preceding sentence, nothing in this section is intended to 
     supersede or modify any provision of State law that prohibits 
     the expenditure of public funds in or by sectarian 
     institutions.
       ``(e) Public Protection.--No owner or operator of a covered 
     school or covered day care facility may discriminate against 
     a person on the basis that the person provided information 
     relating to a potential violation of this section to any 
     other person, including a State or the Administrator.
       ``(f) Penalties.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, the amount of any penalty that may be assessed for 
     a violation of this section pursuant to section 16 shall not 
     exceed an amount equal to $5,000 for each day during which 
     the violation of this section continues.
       ``(2) Manner of assessment.--Any civil penalty under this 
     subsection shall be assessed and collected in the same 
     manner, and subject to the same provisions, as for civil 
     penalties assessed and collected under section 16.
       ``(3) Violation defined.--As used in this subsection, the 
     term `violation' means a failure to comply with a requirement 
     of this section with respect to a single covered school or 
     covered day care facility.
       ``(g) Use of Penalties.--In any action against a State or 
     an owner or operator (or both) of a covered school or covered 
     day care facility for a violation of this section, the court 
     shall have the discretion to order that any civil penalty 
     collected under this section be used by the State or the 
     owner or operator (or both) for the cost of inspection and 
     reporting, as required under subsection (b)(2), or lead-based 
     paint abatement activities undertaken for the purpose of 
     complying with this title (or both).
       ``(h) Inspections.--An inspection required under this 
     section and any abatement performed in lieu of notification 
     under this section shall be carried out by a lead-based paint 
     abatement contractor who is in compliance with certification 
     requirements under applicable Federal law.
       ``(i) Annual Reports to Administrator.--Each State shall, 
     not later than 1 year after receiving assistance under this 
     section, and annually thereafter, submit to the Administrator 
     an annual report. The report shall include, with respect to 
     the State--
       ``(1) a description of the manner in which the assistance 
     provided under this section was used;
       ``(2) the number of covered schools and covered day care 
     facilities affected by the assistance;
       ``(3) an estimate of the number of children served by the 
     covered schools and covered day care facilities;
       ``(4) an estimate of the magnitude and cost of future 
     efforts required to carry out this section; and
       ``(5) any other information the Administrator may require.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $30,000,000 for the fiscal year 1995;
       ``(2) $30,000,000 for the fiscal year 1996; and
       ``(3) $30,000,000 for the fiscal year 1997.''.

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

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

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

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

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

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

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

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

     SEC. 110. CONFORMING AMENDMENTS.

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

     SEC. 111. AMENDMENT TO TABLE OF CONTENTS.

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

                  ``TITLE IV--LEAD EXPOSURE REDUCTION

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

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

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

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

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

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

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

     SEC. 203. ADDITIONAL CONFORMING AMENDMENTS.

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

     ``SEC. 413. LEAD REGULATIONS.

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

     SEC. 204. NON-INTERFERENCE.

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

     SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

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

  Mr. REID. Mr. President, this modification consists of seven 
components. The changes to the original bill have been discussed on 
both sides of the aisle, and it is my understanding there is agreement 
to accept this modifying language. However, for Members who are not 
familiar with the contents of the modification, I will briefly make 
comments on each item contained in the modification.
  Item No. 1: There are a series of technical corrections that have 
been provided by Senate legislative council. This changes have been 
made to make the bill consistent with current dates, legislative 
language, and other technical matters.
  These changes, as I understand, have been reviewed by both sides and 
are acceptable.
  Item No. 2: The backings of mirrors have been traditionally 
constructed by using lead as an inhibitor against corrosion and 
deterioration of the product. The bill, in its initial language, placed 
these products on a list of products to be banned in commerce 5 years 
after enactment of this legislation.
  The mirrors industry had agreed with this language because they had 
discovered what they thought was an adequate substitute for an 
adhesive. Unfortunately, this substitute was used and subsequently 
broke down, leaving the mirrors manufacturing industry with no 
alternative but to ask us to revisit this issue.
  A number of my colleagues approached me about this issue and asked 
for some kind of relief for this particular problem and dilemma. I 
might point out that there is no direct exposure concern from this 
product; it is simply a product where it was thought a substitute could 
be found an utilized.
  I have, by way of this modification, placed mirror and mirror 
manufacturing in an exempt category that will give the Administrator of 
EPA an opportunity to review this product after 5 years to determine if 
there is a substitute, and, if so, identify that product and its lead 
content so that it can be used as a substitute.
  Item No. 3: A change to the lead solder language in the bill. The 
original legislation called for provisions to ask the Administrator of 
the EPA to promulgate regulations to ban the manufacture, importation, 
processing, sale, and distribution in commerce of lead solders. This 
language specifically addressed two lead solders; 85-15 and 50-50 tin 
lead solders.
  On further review, and in consultation with the EPA, and the business 
and environmental community, it has been determined that it is not 
important to address or ban specifically measured lead solders when the 
intent is to ban all lead solders used in plumbing systems. Changes 
have been made that accomplish that end with more accuracy in the 
language.
  Item No. 4: Plumbing fittings and fixtures. The Safe Drinking Water 
Act reauthorization that passed the Senate last week had a section 
dealing with lead in plumbing fittings and fixtures. That language was 
taken from the bill we are considering here today, with one addition. 
The language in the safe drinking water bill referenced the voluntary 
process that is taking place that hopefully will result in a health-
effects based performance standard for lead in fittings and fixtures.
  To be ensure consistency between the two pieces of legislation, that 
change was also made in the modification of this legislation that I am 
now offering.
  Item No. 5: A change to section 405, the exposure concern list 
provisions.
  This, Mr. President, was perhaps the most difficult of the changes 
that were incorporated into this manager's amendment. This legislation 
has been an effort, by and large, to look at exposures from lead in 
consumer products.
  The language in the original bill regarding the exposure concern list 
included consumer uses, processing and manufacturing. It came to light, 
relatively late in the process, that some uses of lead not used in 
consumer products, but that might possibly pose an exposure concern, 
such as workplace exposures, might be placed on the list. This could 
create a misperception about these exposures, in the absence of a 
regulatory determination, and in so doing cause consumer alarm about 
such products.
  While I believe, as I stated earlier, that TSCA does not always 
provide us with a sound regulatory basis for looking at such issues, 
and OSHA may be equally deficient in addressing such concerns, it was 
nonetheless never my intent nor the goal of this legislation to try and 
attack those problems by way of an exposure concern list. And though it 
is just a list with no regulatory-forcing action associated with it, I 
felt that it was inappropriate to potentially cause a disruption in the 
manufacture of lead-containing products where a clear exposure concern 
had not been established.
  I would add that I believe that Congress may have to look at existing 
authorities that regulate the workplace at some point in the future, 
but not in this legislation. Therefore, processing and manufacturing 
have been removed from the exposure concern list provisions. I believe 
this change preserves the basic goal of the legislation while 
satisfying the legitimate concerns of Senators Danforth, Bond, 
Kempthorne, Craig, Burns, Murkowski, and others who had raised this 
issue.
  Item No. 6: The ``bar on defenses'' language.
  It was the intent of this legislation to remain neutral on the issue 
of product liability. This would include defenses, new liabilities, and 
diminution of damages. Legislative Council agreed that the language, in 
its original construct, had the potential to create a new liability. 
Language has been worked out to ensure that the bill maintains 
neutrality in that regard.
  Legislative counsel agreed that the language in its original 
construct will have the potential to create a new liability. We did not 
want that. Lawyer have plenty to do without our creating work for them. 
Language was worked out to ensure the bill maintains neutrality in that 
regard.
  Mr. DANFORTH. Mr. President, will the Senator from Nevada yield for a 
short colloquy on the meaning of section 405(d) of the pending 
legislation?
  Mr. REID. I am glad to yield to the Senator from Missouri.
  Mr. DANFORTH. It is my understanding that the labeling section of 
this bill--section 405--does not create a defense for a manufacturer 
where none now exists, but it does not impede a manufacturer from using 
the label in its defense where it is permitted under another federal 
law or judicial decision or under state law or judicial decision.
  Mr. REID. The Senator from Missouri is correct. This section is 
intended to preserve State and other Federal statutory and common law 
with respect to whether the labeling requirements of this bill may be 
used as a defense by a manufacturer in any civil or criminal action 
brought under Federal or State law. Of course, failure to comply with 
the requirements of this labeling section itself is actionable.
  Mr. DANFORTH. I thank the Senator. I have a question regarding the 
meaning of section 404 of the bill. As you know, this section creates 
an exposure concern list. With respect to an action brought against the 
manufacturer of a product which happens to be on the list, it is my 
understanding that the bill leaves it to State law and judicial 
decisions and other Federal law and judicial decisions regarding how 
this list can be used on questions of liability.
  Mr. REID. The Senator from Missouri is correct. The presence of the 
product on the list does not, by itself, create liability on the part 
of the manufacturer. Again, of course, failure to comply with the 
requirements of section 404 is actionable.
  Mr. DANFORTH. I thank the Senator for his courtesy.
  Mr. REID. Mr. President, the last item that I want to discuss deals 
with the new battery recycling provisions.
  Senator Lautenberg introduced S. 1949, along with myself, Senators 
Lieberman, Faircloth, and Senator Graham. This has been incorporated in 
the modifications I am offering.
  As I indicated earlier, this would close the loop of recycling 
batteries totally. It will establish a recycling program for 350,000 
small rechargeable batteries that have been traditionally discarded in 
garbage, like we all do and we should not. But this will set up a new 
program.
  These batteries are in many instances, if not most instances, 
incinerated, just thrown away.
  The language of this modification also includes two other minor 
changes that correct references in the original bill to ensure 
consistency, including a study called for on a small sealed lead 
battery that has been rendered unnecessary by these provisions.
  Senator Lautenberg has worked extremely hard on this legislation and 
I am happy that my colleagues and I have been able to include this 
legislation in this bill.
  Mr. LAUTENBERG, I rise in strong support of S. 729, the Lead Exposure 
Reduction Act. This bill, of which I am an original cosponsor, will 
address the effects of lead on children's health and educational 
performance by reducing exposure of our children to lead. I commend 
Senator Reid, the sponsor of S. 729, for his persistence in seeking 
approval of this legislation.
  Mr. President, the facts are clear. Lead can make our kids sick, and 
can deprive them of the full development of their minds. Children 
ingest and inhale more lead per unit of body weight than adults and 
children retain more absorbed lead than adults.
  Lead affects the brain and central nervous system. Severe lead 
poisoning can result in coma, convulsions, profound and irreversible 
mental retardation, seizures, and even death. Numerous studies have 
shown that lower levels of lead exposure can result in delayed 
cognitive development, reduce IQ scores and impaired hearing. 
Epidemiological studies have shown that the effects of lead as low as 
10 to 15 micrograms of lead per deciliter of blood causes 
neurobehavioral and growth deficits. EPA classifies lead as a probable 
human carcinogen. And EPA has identified lead as one of 17 high-
priority materials on which it's focusing pollution prevention 
reduction efforts.
  Children are our future. And too often, that future is being poisoned 
with unsafe levels of lead. Former Secretary of Health and Human 
Services Leon Sullivan declared lead poisoning to be the number one 
environmental hazard to children.
  According to the Agency for Toxic Substances and Disease Registry, 
between 3 and 4 million children between 6 months and 5 years old may 
be at risk from lead. And certain groups of children such as blacks, 
inner-city and lower income have higher percentages of children whose 
blood-lead levels exceed these threshold levels.
  The Congress already has acted to reduce lead in paint and gasoline 
and has established lead paint abatement and cleanup programs. And in 
1986, I joined Senator Bradley in amending the Safe Drinking Water Act 
to ban the use of lead solder in public water systems and plumbing.
  But despite the warnings about the hazards of lead, lead usage 
continues in a wide variety of products. Over 1 million metric tons of 
lead were used in products in 1989. Seventy-eight percent of the lead 
was used in batteries.
  We need to stop pumping new lead into our children's lives and S. 729 
will help accomplish that, by reducing lead in paints, pesticides, and 
other products. It also adopts the restrictions on lead in packaging 
which are similar to those found in my bill, S. 966, the Reduction of 
Metals in Packaging Act. And it contains a series of initiatives to 
improve our ability to detect lead in homes and soils, to measure the 
presence of lead in humans and to disseminate information on abatement 
techniques.
  S. 729 also requires the recycling of lead acid batteries. These are 
the large batteries used in cars. The managers' amendment to S. 729 
also addresses smaller batteries. It includes the provisions of S. 
1949, the Mercury-Containing and Rechargeable Battery Management Act 
which I introduced with Senators Faircloth, Lieberman, Reid, and Graham 
earlier this year. This bill complements the lead acid battery 
recycling provisions in S. 729. It will achieve three goals. It will 
reduce the amount of mercury used in disposable batteries; it will 
protect public health; and it will stimulate the recycling or proper 
disposal of rechargeable dry cell batteries containing cadmium and 
lead. As a result, there will be a significant reduction in the amounts 
of toxic heavy metals entering out air, water and soil.
  The battery provisions are strongly supported by the battery industry 
and I commend the industry for its foresight in dealing with the proper 
management of used batteries.
  Lead, which is the subject of Senator Reid's bill, is used in the 
electrodes of small sealed lead rechargeable batteries. Cadmium, which 
is used in the electrodes of rechargeable nickel-cadmium batteries, can 
cause kidney and liver damage. Mercury exposure can cause significant 
damage to the nervous system and kidneys. Mercury also has been linked 
to decreased motor functions and muscle reflexes, memory loss, 
headaches and brain functions disorders. And when mercury enters the 
aquatic environment, it can form methyl mercury which is extremely 
toxic to both humans and wildlife.
  Mercury, cadmium, and lead are contained in some battery casings and 
pose no risk while in use. But they can be a significant concern when 
discarded in our solid waste stream.
  In 1992 Americans used approximately 4 billion dry cell batteries 
each year. While dry cell batteries account for less than one tenth of 
one percent of the 180 million tons of garbage we generate each year, 
dry cell batteries have been significant sources of mercury, cadmium 
and lead in our solid waste stream. According to the Report on Dry Cell 
Batteries in New York State, mercury batteries accounted for 85 percent 
of the mercury, and rechargeable batteries accounted for 68 percent of 
the cadmium in New York's solid waste.
  Dry cell batteries in landfills can break-down over time to release 
their toxic contents and contaminate our waters. In composting 
facilities, batteries could contaminate and limit the use of the 
resulting compost. In incinerators, the combustion of dry cell 
batteries containing toxic metals leads to elevated toxic air 
emissions, and increases the concentrations of toxic metals in the 
resulting fly and bottom ash. So it is imperative that we reduce the 
amount of these metals going to our landfills and incinerators where 
they can be released into the environment.
  Sixteen States, including New Jersey, have passed laws either to 
regulate certain types of dry cell batteries, or to study their 
disposal.
  Mr. President, dry cell batteries fall into two major categories. The 
first are primary batteries--which include the familiar disposable 
alkaline manganese and zinc carbon types used in flash lights, toys, 
radios, and similar products. Primary batteries do not rely, in most 
cases, on toxic metals in their electrodes. Instead, most primary 
batteries incorporate relatively small amounts of heavy metals to 
suppress the unwanted formation of gases and to extend battery life.
  The other type of batteries are the secondary or rechargeable 
batteries, which include nickel cadmium and sealed lead rechargeable 
batteries. These batteries often are marketed separately, with 
rechargers, for the same uses as primary batteries. Alternatively, 
rechargeable batteries often are permanently installed into a variety 
of portable rechargeable tools and appliances, such as drills, 
flashlights and hand-held vacuums.
  Because of technological constraints, secondary batteries rely on 
toxic metals in their electrodes, and therefore contain much higher 
levels of heavy metals than do regular primary batteries. At the 
beginning of this decade, rechargeable batteries occupied only about 8 
percent of the total dry cell battery market--which is about 350,000 
batteries a year. With technological improvements, they are expected to 
make-up roughly 20 percent of the market within the next decade. 
Because rechargeables can be re-used for several years, they use 
relatively less raw materials than disposable batteries, and thus 
reduce the environmental costs of extracting virgin metals. And 
Consumer Reports magazine has said, ``[i]n the long run, * * * 
rechargeables are far more economical [to the consumer] than 
disposables,'' and that ``for now, * * * rechargeable nickel cadmium 
cells represent the `greenest' [consumer] choice.'' That's why my bill 
supports the continued use of rechargeable batteries while at the same 
time encouraging that they are recycled or properly disposed at the end 
of their useful life.
  Mr. President, both primary and secondary batteries contain toxic 
heavy metals. However, they incorporate them for different reasons and 
in different amounts, and that is why my bill will treat them 
differently within a two-pronged Federal regulatory framework.
  The first part of this framework will reduce toxic metals at the 
source, by prohibiting the sale of alkaline manganese, zinc carbon and 
mercuric-oxide batteries with mercury concentrations that were 
intentionally introduced by dates established in the bill.
  The five companies responsible for most of primary battery sales in 
the U.S.--Eveready, Duracell, Rayovac, Panasonic, and Kodak--have 
already begun to reduce their mercury concentrations in line with this 
schedule, and I commend these companies for their efforts. In 1991, the 
battery industry consumed 92 percent less mercury than it did in 1984. 
This part of the bill would focus on those manufacturers who have not 
yet committed to these reductions.
  The second part of this framework would encourage the recycling of 
rechargeable batteries containing cadmium or lead. These batteries pose 
a special challenge because current technology does not allow for the 
toxic metal concentrations in these batteries to be reduce. Yet at the 
same time, these batteries serve many valuable applications and 
consumer and environmental benefits.

  The Portable Rechargeable Battery Association (PRBA) has proposed a 
comprehensive program for the collection and recycling of rechargeable 
batteries. My bill will assist PRBA in carrying out its recycling 
program.
  The bill contains a number of other elements designed to aid 
recycling efforts. Twelve months after the enactment of the Act, 
rechargeable consumer products must be manufactured in a manner in 
which the rechargeable battery can be removable easily from the product 
or is contained in a battery pack separate from the product. 
Rechargeable batteries and rechargeable consumer products containing 
cadmium and lead must contain labels advising consumers to recycle or 
properly dispose of the battery. EPA would be required to establish a 
battery information dissemination program. Retailers selling 
rechargeable batteries containing cadmium or lead or rechargeable 
consumer products must display a notice that the batteries must be 
recycled or disposed of properly.
  Most importantly, the bill changes existing law regarding the 
handling of these batteries from nonhousehold sources. EPA classifies 
spent rechargeable batteries containing cadmium or lead as hazardous 
and subjects them to hazardous waste regulations. This deters the 
recycling of these batteries without providing commensurate 
environmental benefits.
  My bill would address this problem by legislatively exempting the 
collection, storage and disposal of nonhousehold dry cell batteries 
from the hazardous waste requirements if the batteries are to be 
recycled. The bill will not exempt these batteries if they are destined 
for disposal in a hazardous waste landfill. Batteries collected from 
households already are exempted from the hazardous waste requirements 
under RCRA.
  EPA has already established precedent in this area, by excluding the 
wet cell lead acid batteries used in automobiles from hazardous waste 
requirements. And EPA has proposed to treat dry cell batteries in a 
similar matter. But EPA has been slow to take final action.
  The bill also authorizes the battery industry to undertake 
cooperative efforts to collect and properly manage used rechargeable 
batteries and rechargeable consumer products.
  The bill would give EPA the authority to promulgate rules regulating 
the sale of other dry cell batteries if they are found to pose a threat 
to human health or the environment. Penalties are established for 
violations of the Act. And state battery programs, like the one in New 
Jersey, would not be preempted except for the labeling of batteries, 
consumer products and their packages.
  Finally, EPA would be required to prepare biennial reports to 
Congress which would document the recycling rate for rechargeable 
batteries and companies which are and are not participating in the 
voluntary recycling program. This information will give the Congress 
and the public information regarding the success and participation 
rates of the voluntary recycling program. As we have seen from 
publication of the Toxic Release Inventory established by the Emergency 
Planning and Community Right to Know Act, giving the public information 
can help spur voluntary efforts to reduce pollution.
  This bill will benefit States like New Jersey which have dry sell 
battery programs. The bill will further state efforts by: First, 
requiring the labeling of batteries to facilitate separation and 
recycling of batteries; second, removing the hazardous waste 
restrictions from collection, transportation and storage of dry cell 
batteries; and third, establishing a large, consistent supply of 
rechargeable batteries with cadmium and lead which will stimulate the 
growth of a domestic recycling industry.
  Mr. President, we have passed many laws to fight against pollution. 
And nowhere is the fight more important, than when it comes to the 
health and safety of our children. Often, our children are most 
susceptible. It is up to us to protect our kids. And one critical need 
is to get the lead out of their lives. So I urge my colleagues to 
support S. 792.
  Mr. LIEBERMAN. Mr. President, I am very pleased to rise to urge 
support of passage of S. 729, the Lead Exposure Reduction Act. I am an 
original cosponsor of this legislation and have been working with 
Senator Reid for 5 years on this issue. I would like to congratulate 
Senator Reid on his extraordinary dedication and commitment to this 
legislation and thank him for his kind remarks about my work on the 
bill.
  The same lead poisoning that some say hastened the fall of the Roman 
Empire is still with us today nearly fifteen hundred years later and it 
is still causing brain damage and death. Doctors, scientists, and 
health officials all agree that lead is dangerous, that it can severely 
harm, or kill us.
  While human exposure to lead has been dramatically reduced due to the 
ban of its use in most paints and the majority of the Nation's 
gasoline, it is still the case that as many as 4 million children have 
blood lead levels known to be toxic and at least 1 in 9 children have 
been affected by lead. In my State of Connecticut a 1992 study in the 
city of Stamford indicated that 1 in 5 children, or 20 percent of the 
population of children, had dangerously high lead blood levels. More 
recently, the Environmental Defense Fund has estimated that there are 
80,000 children under the age of 6 in Connecticut that are at risk of 
lead poisoning.
  I first became aware of the risks lead posed to children and adults 
as attorney general of Connecticut. In that position I undertook an 
education campaign to warn the citizens of Connecticut about the 
dangers of lead. One of the most disturbing things I discovered as 
attorney general was that lead paint was being sold in Connecticut 
stores to unsuspecting consumers for home-use 10 years after lead had 
been banned from household paint. We sued the paint manufacturers and 
retailers, and we launched a full scale effort to locate and treat 
those homes painted with the illegally sold paint.
  These efforts made a difference in Connecticut, but there is still a 
long way to go both in Connecticut and across America. I have been 
working in the Senate on legislation to get the lead out since I 
arrived.
  Lead poisoning is entirely preventable, yet its effects are 
irreversible. Every step we take to reduce exposure to lead protects a 
child from being poisoned. Until we protect them from lead exposure, 
children will continue to suffer neurological damage, learning 
disabilities, and harm to their motor skills. Once lead is in a child's 
body it stays there. Even after we can no longer detect it in blood 
samples, it remains--in the bones--where it continues to accumulate 
over the course of a lifetime.
  Because of the way it accumulates in the body, lead--while most 
dangerous to infants and young children--is also a threat to adults. 
While lead is in the bones it is biologically inert--it does not appear 
to impair health. But once the bones begin to loose their calcium--as 
they do during pregnancy and in old age, the lead comes back into the 
blood stream. This lead can enter a fetus. Mothers exposed to lead have 
a higher frequency of premature births, low-birth-weight babies and 
their babies are more subject to increased infant mortality. Scientific 
research suggests that mothers with elevated lead may have infants that 
had retarded neurobehavorial development. That sounds complicated but 
what it simply means is that the baby's brain is impaired by lead in 
the mother.

  Lead is insidious. It doesn't only affect the young. As all of us age 
our bones loose some of the lead trapped in our bones. This lead goes 
back into our blood and can affect us a second time. Some doctors 
believe that this lead may be a significant cause of general mental 
deterioration in senior citizens.
  Infants, children, pregnant women, the elderly--lead affects us all. 
It affects not only our organs and bodies but also our ability to 
reproduce and our minds.
  During the last Congress, I cosponsored legislation addressing the 
most important sources of lead poisoning, lead-based paint and dust in 
older housing. The approach up to that time had been to wait until 
children were poisoned and then initiate a clean up. To get action on a 
problem we had to wait until people were harmed. The Residential Lead-
base Paint Hazard Reduction Act, enacted in October, 1992, emphasizes 
identifying and correcting lead hazards before children are harmed.
  That legislation was a critical first step. It addressed the most 
dangerous area of lead poisoning, old lead paint, and dust in housing. 
However, the dangers of lead poisoning reach beyond paint and dust.
  We should now provide broader protection to our children and to 
ourselves. This bill does precisely that. It is a comprehensive bill 
that covers a wide range of lead uses. It will require that the EPA 
publish an inventory of lead-containing products that are sold so that 
we know were lead is and it will require companies that introduce new 
products containing lead, or in certain cases, redesign existing 
products to include additional lead, to notify the EPA. The bill also 
requires that EPA publish a list of all products which the 
administrator determines may reasonably be anticipated to present an 
unreasonable risk of injury to human health or the environment. The 
bill requires that these products will have to be labeled so that 
consumers will know what they are buying and can be alerted to products 
that may be dangerous.
  We must fight lead hazards which pose risks to children and adults. 
We must attack these hazards by phasing out and banning lead in paint, 
plumbing fixtures and solder, packaging, toys, newspaper and magazine 
inks, and other products. This bill does this. It will also require the 
EPA to establish standards for the amounts of lead that may be in 
processed foods and wine or that may enter food from ceramic wares or 
crystal. Further, the bill establishes lead poison prevention centers 
to assist in research, technology transfer, and dissemination of 
information to the public.

  The bill also deals with batteries which can cause substantial harm 
to human health and the environment if discarded improperly. The bill 
requires that lead-acid batteries be recycled to ensure that the 
dangers of lead are minimized in the environment. Industry is already 
taking serious steps in this regard; this bill will strengthen and 
extend these efforts.
  The bill also includes provisions from legislation introduced by 
Senator Lautenberg, which I cosponsored. These provisions prohibit the 
sale of rechargeable batteries unless they can be easily removed from 
the product that they are used to power. They require that lead-acid 
and nickel-cadmium batteries be labeled to indicate that they should be 
recycled or disposed of properly; the section also puts limitations on 
the future sales of batteries containing mercury, which can pose 
significant pollution and health problems if they are improperly 
disposed of. I congratulate Senator Lautenberg for his work in this 
area.
  One of most important sections of the bill, and one that I have been 
working on for some time, will help to ensure that children are safe 
from lead in day care facilities kindergartens, and elementary schools. 
Protecting children at home is not enough, children spend much of their 
days in day care and schools--they need protection there. We cannot 
wait until their ability to learn and grow is impaired. As we saw last 
Friday in the Washington Post, this is a local problem. The Peabody 
Elementary School, 3 blocks from here, has been found to have lead 
paint in a nursery room. This is an old school, it should have been 
expected that it contained lead paint. But it was only recently tested 
because of a parent's complaint.
  This bill requires EPA make available grants to the States for 
inspection and testing of lead hazards in day care centers and schools. 
It authorizes $90 million over the period 1994 through 1996 to 
accomplish this task. States which receive the grants must conduct 
inspections and testing at day care centers and schools. Reports of 
this testing must be presented to school officials and provided to 
parents and guardians. If we believe, as scientists, doctors, and 
public health officials tell us we should, that we are facing a lead 
poisoning epidemic and that we must do all that we can to protect our 
children to learn and grow properly and safely, then I believe that we 
must initiate the testing of the schools and day care centers 
immediately.
  As lead poisons more and more children, we must take every step 
possible to eliminate those areas which present risks of lead 
poisoning. Through the joint efforts of the public and the private 
sector, we can and we must, eliminate the hazards of this entirely 
preventable disease.
  In order to make sure that we are successful in bringing down blood 
lead levels in children, this bill directs the Center for Disease 
Control to establish criteria, protocols and performance standards for 
the laboratory analysis of lead in blood. In addition, the CDC is 
directed to establish reporting procedures for lead in blood. The bill 
also continues reporting to Congress, on a 2-year basis, findings on 
the prevalence of lead levels in children and adults in the United 
States. With these provisions we can determine whether we are getting 
the lead out.
  Finally, there are some provisions of the bill that I have some 
concerns about and I will be reviewing them closely as the bill goes to 
conference.
  In conclusion Mr. President, I am proud to have played a part in 
creating this bill. Its passage will do much to alleviate the 
proliferation of lead in the environment. I congratulate Senator Reid 
for his work on this bill and I urge my colleagues to vote for this 
measure so we can begin to better protect our children, to get lead out 
of their bodies, free their minds from its poisonous effects, and give 
them hope for a healthier, happier future.
  Mr. REID. Mr. President, it is my understanding this has been cleared 
on both sides. If we can resolve the fishing sinker amendment, that is 
all that we will have. The leadership has said it would be OK if we 
entered into an agreement that we could have a vote on final passage of 
this legislation tomorrow afternoon. There is a vote on cloture and we 
could have a vote following that.
  Mr. SMITH. I have no objection. I think there is a misunderstanding 
or there may be some misunderstanding. There is no language in this 
legislation on lead sinkers, but the issue is the EPA proposed 
promulgation of a rule. So that is what we are talking about right now. 
That is the issue.

                          ____________________