[Congressional Record Volume 145, Number 149 (Thursday, October 28, 1999)]
[Senate]
[Pages S13406-S13407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself and Mr. Torricelli):
  S. 1821. A bill to authorize the United States to recover from a 
third party the value of any housing, education, or medical care or 
treatment furnished or paid for by the United States and provided to 
any victim of lead poisoning; to the Committee on the Judiciary.


            the lead poisoning expense recovery act of 1999

  Mr. REED. Mr. President, I rise today to introduce legislation with 
my colleague Senator Torricelli that would give the federal government 
clear authority to recover from the manufacturers of lead-based paint, 
funds spent on the prevention and treatment of childhood lead 
poisoning.
  Our knowledge of lead poisoning dates back to 200 BC, when the Greek 
physician Galen wrote ``lead makes the mind give way.'' Benjamin 
Franklin knew about ``the mischievous effects of lead'' back when he 
wrote those words in 1786. In the late 19th century, scientific studies 
and medical reports began detailing the effects of lead on children. 
And by 1904, the source of those poisonings was identified as white 
lead paint used in housing. Queensland, Australia, was the first to ban 
certain applications of lead-based paint in 1922. Austria, Belgium, 
Bulgaria, Chile, Czechoslovakia, Estonia, France, Latvia, Poland, 
Romania, Spain, and Sweden followed suit in the mid-1920's. In 1978, 
more than a half of a century later, lead-based paint was banned in the 
United States.
  Today, nearly one million preschoolers nationwide have excessive 
levels of lead in their blood; making lead poisoning the leading 
environmental health disease among children. Even low levels of lead 
exposure can cause serious injury to the developing brain and nervous 
system of children, lost IQ points, learning and reading disabilities, 
hyperactivity, and aggressive or delinquent behavior. At high levels of 
exposure, lead causes mental retardation, coma, convulsions and even 
death.
  Lead-based paint in housing is the major remaining source of exposure 
and is responsible for most cases of childhood lead poisoning. Children 
contract lead poisoning when they come into contact with lead-based 
paint chips, contaminated soil, or dust generated from deteriorated 
paint. An estimated three million tons of lead still coats the walls 
and woodwork of American homes. Approximately half of America's housing 
stock, roughly 64 million units contain some lead-based paint. Twenty 
million of which are considered hazardous because they contain paint 
which is peeling, cracked, or chipped. My home state of Rhode Island 
has the fifth oldest housing stock in the country, and, as a result, 
has a lead poisoning rate that is three times the national average.
  Sadly, this disease is particularly prevalent in those communities 
with the fewest resources to address the problem. Poor children are 
eight times more likely than kids from moderate and upper income 
families to contract lead poisoning. Yet, while lead poisoning is most 
prevalent in low-income communities, 20-25 percent of children who are 
poisoned live in middle- or upper-income homes. They were poisoned by 
exposure to lead released through renovation or repainting activities.
  Taxpayers have already paid billions of dollars to deal with the 
tragic consequences of childhood lead exposure, including large 
expenditures for medical care, special education, and lead abatement in 
housing. However, what has been spent so far is barely a drop in the 
bucket. In Rhode Island alone, we are looking at a bill of $300 million 
to clean up just the most dangerous housing units. There are simply not 
enough grant or loan programs available. Last year, one federal lead 
abatement program had to turn down nine applicants for every grant it 
made.
  Each year, we fight to make childhood lead poisoning a priority in 
Congress, in State legislatures, in cities, and in communities, knowing 
that the real solution is getting rid of the source of a child's 
exposure. At the same time we are frightfully aware that it could be 
decades longer, and millions of poisoned children later, until we 
finally ``get the lead out.''
  The Rhode Island Attorney General recently filed a 10-count lawsuit 
against the manufacturers of lead paint and the industry's trade 
association. The lawsuit documents nearly a century-long record of 
industry culpability. The lead industry aggressively marketed its 
product as safe, despite knowledge of its harmful effects that were 
made apparent by continuous warnings from the medical community. To 
date, an industry that has over $30 billion in assets has yet to make a 
significant contribution to addressing the problems associated with its 
product.

  Clearly, victims of lead poisoning were never given a chance, not 
even a warning. Parents were never told that the product they used to 
beautify their home could prevent their children from achieving their 
fullest potential. Instead, the industry fought regulations in 
California, New York, and Maryland that would have banned the use of 
lead-based paint or required the product to be labeled as poisonous. In 
1954, the Board of Health of New York City proposed a sanitary code 
provision banning the sale of paints containing more than 1 percent 
lead, and requiring lead paint to be labeled as ``poisonous'' and not 
for interior use. The lead industry opposed the proposal as 
``unnecessary and unjustified'' and unduly burdensome. Ultimately, the 
New York City Board of Health dropped the proposed ban of lead paint in 
1955, and adopted a more narrow warning label requirement. This is only 
one example from an extensive record of industry wrongdoing which I 
believe the federal government should have the authority to address.
  That is why Senator Torricelli and I are introducing legislation that 
will ensure that justice is served. Our legislation provides clear 
authority for the Federal government to recover the significant 
resources it has expended to mitigate childhood lead poisoning. This 
includes dollars spent on medical care and treatment, special 
education, and funds spent to make homes lead-safe for children. As 
cities and states stand up and say enough is enough, it is only 
appropriate for the federal government to join them in the effort to 
hold the industry responsible. The severity of childhood lead poisoning 
and the considerable expense borne by taxpayers to clean up the 
industry's mess demands action now. I urge my Senate colleagues to join 
me in supporting this legislation so that we can move aggressively 
towards our goal to end childhood lead poisoning. I ask unanimous 
consent that the text of this bill be printed in the Record.

                                S. 1821

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lead Poisoning Expense 
     Recovery Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Lead poisoning is the number 1 environmental health 
     threat to young children, affecting an estimated 890,000 
     children.
       (2) Most children are poisoned in their homes through 
     exposure to lead particles when lead-based paint deteriorates 
     or is disturbed during home renovation or repainting.
       (3) Lead paint remains in almost \2/3\ of the housing stock 
     of the United States.
       (4) Lead poisoning may cause serious, long-term harm to 
     children, including reduced intelligence and attention span, 
     behavior problems, learning disabilities, and impaired 
     growth.
       (5) Research shows that children with elevated levels of 
     lead in their blood are 7 times more likely to drop out of 
     high school than children without elevated blood-lead levels.
       (6) Children from low-income families are 8 times more 
     likely to be poisoned by lead than children from high-income 
     families.
       (7) African-American children are 5 times more likely to be 
     poisoned by lead than white children.

[[Page S13407]]

     SEC. 3. SUITS BY THE UNITED STATES AUTHORIZED.

       (a) In General.--In any case in which the United States is 
     authorized or required to furnish housing, education, or 
     medical care or treatment to an individual who suffers from 
     or is at risk of lead poisoning (or to pay for the housing, 
     education, or medical care or treatment of such an 
     individual) under circumstances creating liability upon any 
     third party, the United States shall have the right to 
     recover (independent of the rights of the injured or diseased 
     individual) the value of the housing (including the cost of 
     lead hazard evaluation and control), education, or medical 
     care or treatment furnished or paid for by the United States 
     before, on, or after the date of enactment of this Act.
       (b) Amounts Recovered.--Any amount recovered by the United 
     States under subsection (a) shall be available, subject to 
     authorization and appropriations Acts, to enhance childhood 
     lead poisoning prevention and treatment activities, including 
     lead hazard evaluation and control.
       (c) Third Party Defined.--In this section, the term ``third 
     party'' means any manufacturer of lead or lead compound for 
     use in paint or any trade association that represents such a 
     manufacturer.
       (d) Statute of Limitations.--No action may be brought under 
     this section more than 6 years after the later of--
       (1) the date of enactment of this Act; or
       (2) the date on which the United States incurs the expense.
                                 ______