[Congressional Record Volume 140, Number 67 (Wednesday, May 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
LEAD EXPOSURE REDUCTION ACT OF 1993
The Senate resumed consideration of the bill.
Mr. LEAHY. Mr. President, I rise in support of S. 729, the Lead
Exposure Reduction Act of 1994. I have cosponsored this bill for
several years, and I am very pleased to see it finally considered on
the Senate floor.
The measures in S. 729 are overdue. Fifteen percent of Vermont's 2-
year-olds receiving Medicaid have lead blood levels exceeding safe
levels, and 9 percent of Vermont's 2-year-olds overall have lead levels
equal to or above the safe level. According to Gregg Small of the
Alliance to End Childhood Lead Poisoning in Burlington, VT, lead
poisoning is the No. 1 environmental health hazard facing American
children today.
This amount of lead exposure is intolerable. We need to take direct
and immediate steps to reduce exposure to lead and clean up the
environment where our children are growing up. This bill provides for
the clean-up of older day care centers and schools where lead exposure
risks run highest. The State of Vermont, through several State
agencies, has worked to address the lead problem in several ways, and
this bill will lend additional support. The bill also provides for
better health protection from lead exposure through National Centers
for the Prevention of Lead Poisoning.
One of my chief interests in this legislation, and in other bills we
have considered recently in the Senate, is the public's right to know.
The American people have the right to know if a manufactured product
presents a risk to their health. One of the economic principles that
guides our free-market system is the assumption that consumers have the
opportunity to make informed decisions. S. 729 simultaneously perfects
our free-market economy and our environment by improving consumers'
ability to make decisions based on environmental and health effects.
Vermonters use many products that have traditionally been
manufactured with lead. Gasoline, paint, batteries, cans, ceramic
glazes, fertilizers, plumbing fixtures, television tubes, computer
screens, x-rays shields, light bulbs, ammunition, and fishing weights
are just a few of the products that Vermonters are exposed to in every
day life. We learned just this month that the brass pumps that some
Vermonters use in their wells leach lead into their drinking water.
This legislation speeds up the incorporation of alternatives to lead
where alternatives exist.
The recycling provision is another noteworthy part of this bill. It
guarantees that there will be less lead going into landfills, less lead
being incinerated and released to the atmosphere, and less lead coming
from mines that exact a significant toll on our limited natural
resources. If we are to maintain our standard of living without
compromising our environment, we must learn to use our limited
resources carefully and efficiently. The recycling provision will take
us in this direction.
I have worked hard on legislation to protect tomorrow's generations--
from school lunches in local schools to landmines abroad. I have voted
for numerous other bills such as the Clean Air Act, the Federal Food,
Drug and Cosmetic Act, and the Housing and Community Development Act of
1992 which also address the grave problems of lead exposure. I am proud
to lend my strong support to the bill that is before us now.
Finally, this bill is a testament to Senator Reid's tireless
dedication on this issue. He has worked hard to get the Senate to this
point and I want to thank him for his long-standing leadership on this
measure. His efforts will have a profound impact on the health of the
American people and on the environment of that our children inherit.
This bill is good for Vermont, and good for the Nation. I want to
thank the people of Vermont and groups like GreenCorps, Vermont Public
Interest Research Group, and the Alliance to End Childhood Lead
Poisoning for bringing this issue to the forefront of the Senate's
agenda. I urge my colleagues to support this bill.
Mr. WELLSTONE. Mr. President, I am proud to support S. 729, the Lead
Exposure Reduction Act. I joined the long list of Senators cosponsoring
this legislation last year because I believe it is a good bill that
addresses a long-neglected threat to a precious resource: our Nation's
children.
Lead poisoning in children is now considered to be a national
epidemic, according to the Environmental Protection Agency. A recent
EPA study in six upper Midwestern States--including Minnesota--
recognized that lead exposures from exterior and interior residential
paint, as well as exposures from contaminated soils and dust in urban
areas, drinking water, air emissions, food, workplaces, and
playgrounds, result in multiple pathways of exposure. Children are
particularly vulnerable because lead is most wicked to little bodies
that are still developing.
The damage this insidious toxin works on children is as silent as it
is irreversible. Even at levels too low for a child to display obvious
symptoms, exposure to small doses of lead has been linked to hearing
loss, slower reaction time, reduced attentiveness, delays in the age at
which children learn to walk and problems with balance. Most
alarmingly, studies have shown that the amount of lead in a child's
bloodstream can have a measurable effect on his or her intelligence.
This is a problem that did not go away when we stopped using leaded
gasoline, or when we quit repairing the plumbing in our homes with
leadbased solder, or when we told our kids not to eat the paint chips
flaking off the walls of old houses. No, according to the Alliance to
End Childhood Lead Poisoning, an estimated two million to three million
preschoolers nationwide suffer from elevated blood-lead levels
annually. Childhood lead poisoning has been officially declared by EPA
to be the No. 1 environmental health hazard facing America's children.
While lead poisoning strikes at the health of our children across all
racial, geographic and socio-economic lines, the blow is dealt hardest
to poor, minority children, the ones whose families have the least
economic or political means to do anything about it.
The numbers are staggering. A 1988 study by the U.S. Agency for Toxic
Substances and Disease Registry found that 68 percent of the poorest of
black children had blood-lead levels high enough to cause serious,
irreparable harm. That's 7 out of every 10 kids, Mr. President. And
since the study was done, the Centers for Disease Control and
Prevention lowered the standard for unacceptable blood-lead levels, so
even more children are now at risk.
The same disproportionate effect appears to be true of Hispanic
children. A survey of Hispanic health indicated that Mexican-American
and Puerto Rican preschoolers are more likely than non-Hispanic white
children to have elevated blood-lead levels, with three times as many
Puerto Rican as white children having higher levels of lead in their
bloodstreams.
These poor and minority children are at greater risk to lead
poisoning because they tend to live in more densely populated urban
areas where the soil remains heavily tainted from leaded-gas auto
emissions of long ago. Also, many cities with aging drinking water
systems still have pipes and plumbing fixtures made of lead.
The largest reason for the disparate exposure of poor and minority
children to lead is that they are the most likely occupants of low-
income housing built before 1980, when residential use of lead-based
paint was banned. The Department of Housing and Urban Development
estimated in 1991 that there were 3.8 million homes with peeling lead
paint or lead dust inhabited by children under the age of 7. Fifty-two
percent of these families had annual incomes of less than $30,000.
The prevention of childhood lead poisoning is a matter of
environmental justice. This legislation that we are considering would
do many great things to reduce the overall exposure to lead in our
environment. It would restrict the use of lead in hundreds of products;
ban lead-contaminated food packaging; mandate lead-acid battery
recycling; and authorize grants for lead inspections of elementary
schools and day care centers.
But we need to make sure that as we do these things, we don't
continue to overlook the often unseen and unheard people in poor and
minority communities who bear the greatest burden of lead exposure.
Unlike many other toxic substances, lead has been shown to have a
direct cause-and-effect link to adverse health effects in humans. Still
the poisoning continues. In particular, say environmental justice
advocates, the poor and minority communities who have the greatest
exposure to lead have been paid too little attention in EPA's antilead
efforts.
In April 1992 comments on the EPA Environmental Equity Workgroup
Report, some of the most eminent figures in the environmental justice
movement--including Professors Bunyan Bryant and Paul Mohai of the
University of Michigan's School of Natural Resources; the Rev. Benjamin
Chavis, head of the NAACP; and Charles Lee of the United Church of
Christ--lamented the agency's progress against entirely preventable
lead poisoning of poor minority children:
[E]ven in the face of conclusive data we feel the agency
has been less than helpful,'' they wrote. ``In ameliorating
the impacts of lead on black children--we feel that the
agency has not been able to respond in any meaningful way. We
feel the decisions for less-than-adequate action may be
related to political and economic decisions. Meanwhile,
millions of black and inner-city children will pay for the
price of [lead] production for the rest of their lives, and
there will be millions more joining the ranks.
This bill is a step in the right direction to correct those problems.
What it seeks to accomplish is tightly interwoven with the goals of a
bill I introduced in February, S. 1841, the Public Health Equity Act.
That bill would give traditionally unempowered communities the tools
they need to fight the same environmental battles that more affluent
neighborhoods have waged so successfully over the past two decades.
Both of these measures are important not just to our generation, but
to our children and the generations beyond them. I urge Senators to
support these bills.
Mr. DODD. Mr. President, I rise in strong support of S. 729, the Lead
Exposure Reduction Act, of which I am a cosponsor.
I believe this measure is long overdue. We have known about the
dangers associated with exposure to lead, particularly with regard to
children, for some time now. And yet our Nation lacks a comprehensive,
coordinated approach to address the lead problem. Although I am pleased
that the Federal Government has already devoted significant resources
to lead abatement efforts, what is needed is a program that attacks the
problem on several fronts: prevention, abatement, phaseouts, and
enforcement.
I am particularly gratified that much of the legislation targets our
Nation's children. It is shameful that an estimated one-in-six children
is lead poisoned. Of course, poor children are disproportionately
affected by this hazard, with African-American children more than twice
as likely than white children to be poisoned--as if these kids did not
have enough working against them.
The evidence about the effects of lead exposure on children, even at
low levels, is alarming. We know that lead causes lowered IQ, learning
disabilities, hyperactivity and attention deficit, and other cognitive
and behavioral problems. Make no mistake. Society pays a heavy price--
to say nothing of the individual--for these disorders. And again, when
we consider that lead disproportionately affects a population that is
particularly vulnerable to dangers such as violence, drug abuse, and
neglect, we cannot fail to recognize the critical role lead prevention
must play in our efforts to help children at risk.
This legislation strengthens our ability to attack lead in the
classroom and day care center in several ways. It directs the
Environmental Protection Agency to issue regulations to require States
to inspect schools and child care facilities for elevated levels of
lead and to make recommendations as to how a lead hazard should be
remediated. For those who would raise the specter of unfunded mandates,
it is important to note that this legislation provides grants to States
for inspections and reports. Moreover, it does not require owners or
operators of facilities to abate lead hazards.
However, the bill wisely requires that parents be informed of lead
hazards present in their children's schools and day care facilities. I
believe strongly that parents have a right to know when their children
are being exposed to environmental risks. In this way, they can make
informed decisions about where to place their children, and,
alternatively, about what steps need to be taken to ensure that their
children are protected.
There are several other important provisions within this legislation,
including phaseouts of lead in manufacturing, product labeling,
recycling of lead-acid batteries, and additional studies. Together,
these reports will go a long way toward reducing exposure to this very
real and present hazard. We owe it to ourselves and our children to
enact the Lead Exposure Reduction Act this year. Senate passage brings
us one step closer to this goal, and I know that the managers of this
bill will work diligently to see that this reaches the President's
desk.
Mr. President, in this regard, I want to commend the managers of this
bill, in particular Senator Reid, for this tireless work on this
legislation. He deserves a great deal of credit, and, on behalf of the
citizens of my State and children nationwide. I thank him.
Mr. President, I yield the floor.
Mr. CHAFEE. Mr. President, I rise in strong support of S. 729, the
Lead Exposure Reduction Act. The bill is an important response to the
use of lead in instances where an unreasonable risk of lead exposure
and subsequent risk to human health exists.
We all know the adverse health effects associated with lead exposure.
Particularly alarming is the impact of lead exposure on our young
people. A 1990 study by the Office of Technology Assessment [OTA] cited
several critical reasons why the effects of lead on children are so
severe. According to the study, 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. Furthermore, the primary target
for lead toxicity, the central nervous system, is less developed in
children, thus exacerbating the adverse effects of lead exposure.
Adults are also at risk from lead exposure. In fact, senior adults
may be at particular risk, as lead stored in an older person's bones
may be mobilized during osteoporosis or in the normal demineralization
of the skeleton with aging. As one witness stated before the
Environmental Committee's Toxic Substances Subcommittee, ``We may
indeed have senior citizen populations who are going to receive their
life-time exposure of lead coming back to them a second time.'' Such a
release of lead in older individuals may be a cause of reduced mental
function.
I am pleased to note that these risks have not gone unnoticed.
Congress has specifically addressed the lead problem in gasoline,
paint, drinking water, and solid waste. Most recently, Congress debated
the lead issue in the context of the Housing and Community Development
Act of 1992. Title X of the act tackled what the Environmental
Protection Agency considers to be one of the major exposure concerns in
the environment, lead-based housing paint. Title X 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 in the
market. Some may present a serious risk to human health and the
environment and some others may not. That is the focus of S. 729--on
lead in consumer products. Unlike the bill as originally reported, the
legislation before us does not address the issues of lead exposure
during manufacturing and processing. The aim here is to deal with
adverse exposures through the marketplace, where our children are most
susceptible.
The bill is straightforward, calling on the Administrator of EPA to:
First, develop an inventory of all lead-containing products sold or
distributed in commerce;
Second, establish 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; and
Third, provide for the labeling of products included on the exposure
concern list.
In addition, the bill restricts the use of lead in paint, plumbing
fittings, and 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 disposal of batteries would be prohibited. Rather, such
batteries would be managed through a reverse distribution system--from
battery retailers to smelters for recycling. Finally, the bill includes
several important provisions with respect to research into lead
abatement and health protection from exposure to lead.
Mr. President, I would like to touch on just one point before I
close. Section 107 of the bill includes comprehensive provisions of
lead testing and inspection of schools and day-care centers constructed
prior to 1980--continent upon the availability of Federal funding. It
is imperative that we do all we can to locate potential lead exposure
hazards, especially those hazards in our children's every day
environment.
I might add, however, that this bill does not mandate cleanup of
these facilities. Now, it may be the case that there is not a lead
problem in our schools or day-care centers. We do not know the extent
of the problem, or even if there is one at this point. This bill will
help make that determination. I do know, however, that the bill does
not provide funding for lead abatement. So, I want to make it clear
that we may have to revisit this issue at a later date. There is
certainly no intention on this Senator's part to create some sort of
unfunded mandate. The purpose here is only to establish a program for
testing and inspection.
Mr. President, S. 729 represents a bold attempt to deal with one of
the most vexing health issues for our young people, exposure to lead. I
thank the chief sponsor of the bill, Senator Reid, for his work on this
legislation, and I urge my colleagues to support the bill.
The PRESIDING OFFICER. Under the previous order, the question now
occurs on final passage of S. 729, as amended. The yeas and nays have
been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. FORD. I announce that the Senator from Massachusetts [Mr.
Kennedy] is necessarily absent.
I also announce that the Senator from Alabama [Mr. Shelby] is absent
because of illness.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 97, nays 1, as follows:
[Rollcall Vote No. 133 Leg.]
YEAS--97
Akaka
Baucus
Bennett
Biden
Bingaman
Bond
Boren
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Danforth
Daschle
DeConcini
Dodd
Dole
Domenici
Dorgan
Durenberger
Exon
Faircloth
Feingold
Feinstein
Ford
Glenn
Gorton
Graham
Gramm
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Hollings
Hutchison
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
Mathews
McCain
McConnell
Metzenbaum
Mikulski
Mitchell
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Packwood
Pell
Pressler
Pryor
Reid
Riegle
Robb
Rockefeller
Roth
Sarbanes
Sasser
Simon
Simpson
Smith
Specter
Stevens
Thurmond
Wallop
Warner
Wellstone
Wofford
NAYS--1
Helms
NOT VOTING--2
Kennedy
Shelby
So the bill (S. 729), as amended, was passed, as follows:
S. 729
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lead
Exposure Reduction Act of 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.
Sec. 205. Sense of the Senate concerning lead fishing sinkers.
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
reasonable 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).
SEC. 205. SENSE OF THE SENATE CONCERNING LEAD FISHING
SINKERS.
(a) Findings.--
(1) on March 9, 1994 the EPA promulgated a rule to ban the
manufacture and sale of lead, zinc, and brass fishing
sinkers,
(2) the proposed rule was developed in response to a Toxic
Substances Control Act petition requesting that EPA label,
not ban, lead fishing sinkers,
(3) EPA states in the proposed rule, ``In addition, an
accurate number of waterbirds that could receive a lethal
dose of lead or zinc from fishing sinkers, or the probability
of consuming a lethal dose, cannot be estimated,
(4) no one has studied the effectiveness of fishing sinkers
manufactured from lead-substitute materials which can cost
eight to ten times as much and have physical or chemical
limitations,
(5) a ban on lead fishing sinkers would put small fishing
tackle manufacturers at a competitive disadvantage to major
fishing tackle manufacturers who can afford to retool and
produce fishing sinkers with lead-substitute materials,
(6) a ban on home manufacturing of lead fishing sinkers
would affect up to 1,600,000 anglers who make their own
sinkers in basements and garages, and
(7) EPA has commented that a ban on lead fishing sinkers
could eventually be expanded to all lead-containing fishing
tackle, including lures.
(b) Sense of Senate.--It is the sense of the Senate that
the Administrator should finalize no rule or regulation which
requires a nationwide prohibition of the manufacture, sale,
or use of fishing sinkers, jigs, or lures containing lead,
brass, or zinc, until such time as the Administrator gives
priority consideration to alternative means of reducing the
risk to waterfowl from lead fishing sinkers, including
labeling, public education, and State or regional limits.
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, I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. REID. Mr. President, I want to take a few minutes to thank my
colleagues for their resounding support of this lead reduction
legislation. It is extremely important legislation for the country.
There are many people I want to thank for helping this bill pass the
Senate, not the least of which is the chairman of the committee,
Senator Baucus. He has been very patient and understanding, and this
has been a difficult issue for western Senators because it involves a
mineral, lead, which is produced in Nevada and in Montana. But I do
say--and I want this spread across the Record--that Senator Baucus has
always been willing to listen, and he has been a great arbiter of some
very difficult situations we have had, and the people of Montana, and
the people of this country are well served with his being chairman of
this committee. And Senator Baucus' staff member, Cliff Rothenstein,
has been extremely helpful.
I thank Sheila Humke, who was on my personal staff many years. In
fact, in the House she worked for me. She worked 8 years for
Congressman Santini before. Even though she was born and raised in the
DC area, she has a great knowledge of Nevada-related matters. She
served on the staff helping me on the Environment Committee for 2
years. She is still with my personal staff. Even though she was not
here this past year to work on this legislation, because she recently
had a baby, I express publicly my appreciation to Sheila for the
countless hours she has spent on this legislation.
Mr. President, this legislation has taken 4 years. We have gone
through a number of professional staff that were assigned by different
Government agencies, who were here doing internships and other
Government programs, such as Mimi Guernica, Stephanie Clough, and Bob
Kenney, and they did a wonderful job for me. So many others have worked
on this bill that I will not take the time to mention their names,
other than that they have been a significant help, coming from
different governmental agencies to work on this legislation.
Christine Russell, from the staff of Senator Bob Smith, the ranking
member of the subcommittee, has been extremely helpful in allowing us
to get over procedural hurdles so we could legislate here, as we have
in the last couple of days.
Senator Chafee and his staff have been extremely important. This is
an issue he believes in personally, as has been indicated by his work
on this issue. But, also, John Grzebien from his office, played a key
role in moving this legislation forward. Also Senator Danforth, who I
talked about briefly yesterday, has significant interest in the lead
issue, because most of the lead mined in the United States is mined in
his State, and we have worked, especially the past week or so, with
him; and particularly Marc Solomon of his staff, who has been very
cordial and understanding and helped us work through two very difficult
issues this past week or two.
Jerry Reynoldson, who works on the Environment staff, has worked on
this bill now for a year and a half and has worked extremely hard. I
want to acknowledge publicly his good work on this issue.
There are others who I want to commend from the business community. I
read a number of names yesterday. I will not do that today, other than
to say we have spent days, weeks and months with people from the
business community trying to work things out with them.
From the environmental community, we have had a lot of input,
especially from the Environmental Defense Fund. This an issue that they
believe strongly in. They testified before the subcommittee on more
than one occasion on this issue and TSCA in general, and I want to
express my appreciation to that entity for the work that they have
done.
As to the battery entities, a couple of those have worked hard,
because though a lot of people are impacted by this legislation, no one
is more directly impacted more than the battery industry because 80
percent of the lead that is mined in this country goes into battery
use.
The electronics industry and the plumbing industry have also been
integral to allowing us to get to the point where we have.
I again express my appreciation to my colleagues both on this side of
the aisle and the other and staff members that I have not mentioned and
do so with anticipation that we are going to get a bill out of the
House and hopefully bring back the approval of the conference report in
the near future.
I yield the floor and yield back the remainder of whatever time I
have.
Mr. BAUCUS addressed the Chair.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, first I want to compliment the Senator
from Nevada [Mr. Reid], and thank him for his compliments with respect
to the lead bill.
Everyone who is involved in this issue knows, however, that the
primary credit for the passage of the lead bill, in working out all of
the various complexities--on the one hand, environmental problems with
lead and how it adversely affects people, especially the young
children; and, on the other hand, setting up regulations and standards
in a reasonable way--the primary credit goes to the Senator from
Nevada. He worked very, very hard, much more than anyone else in this
body, to help secure a proper balance. The citizens of Nevada should be
very proud of his efforts.
Mr. JEFFORDS. Mr. President, I would like to commend the Senator from
Nevada and the Senator from New Hampshire for their tireless efforts to
complete this important legislation. In addition, I applaud their
willingness to work with a variety of parties affected by this
legislation and their ability to draft a bill which will go a long way
towards reducing levels of lead in the environment.
Mr. President, this bill reflects many hours of work on behalf of the
members and staff of the Environment and Public Works Committee. I
recall in July 1990 spending time as a member of this committee
negotiating pieces of the pending legislation. I cannot emphasize
enough the important of such legislation and urge my colleagues to
support passage.
All across this country children suffer from ingestion and exposure
to lead. Lead is a toxic substance and can cause significant problems
when it contributes to elevated blood-lead levels--especially in
children. The detrimental effects of lead contamination go beyond the
affected individuals; we pay a social cost as well. This lead reduction
initiative will reduce children's exposure to lead, decreasing adverse
health effects. The bill will ask manufacturers of certain products to
reduce the lead they use, will require States to reduce lead hazards in
schools, increase lead battery recycling and will spur the reporting of
blood lead levels.
Mr. President, this bill represents clear evidence that the Senate
cares about the health of this Nation's children. I commend all the
Senators that have worked on this legislation throughout the years, and
especially Senators Reid and Smith. I hope the Senate will overwhelming
pass this important bill.
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