[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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