[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.
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