< Back to H.R. 4882 (103rd Congress, 1993–1994)

Text of the Lead Exposure Reduction Act of 1994

This bill was introduced on August 1, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 1, 1994 (Introduced).

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HR 4882 IH

103d CONGRESS

2d Session

H. R. 4882

To amend the Toxic Substances Control Act to reduce the levels of lead in the environment, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

August 1, 1994

Mr. SWIFT introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Toxic Substances Control Act to reduce the levels of lead in the environment, and for other purposes.

    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 in Used Oil.

      Sec. 110. Conforming amendments.

      Sec. 111. Amendment to table of contents.

TITLE II--MISCELLANEOUS

      Sec. 201. Non-interference.

      Sec. 202. Sense of the Congress 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, 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 distributes a product for resale.’;

      (4) 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

      (5) 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 PROCESSING OF A PRODUCT- Beginning on the date that is 1 year after the date of enactment of this subsection, no person may 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, and general industrial and 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 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 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 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) 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 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 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) 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 distributor; and

        ‘(B) no product shall be distributed in commerce by the 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 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 distributor, and no product shall be sold or distributed in commerce in a package by a 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 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 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 order to comply with health or safety requirements of Federal law or the law of any State or political subdivision of a State.

    ‘(e) 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 intended 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 created 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 or processes 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 or processing 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 or processed; 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 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 introduce into interstate commerce 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 person introducing such product into interstate commerce shall have the burden of demonstrating that such person 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.) or a person who temporarily stores used lead-acid batteries for less than 90 days.

      ‘(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.) or a person who temporarily stores used lead-acid batteries for less than 90 days.

      ‘(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.) or a person who temporarily stores used lead-acid batteries for less than 90 days.

      ‘(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 or a person who temporarily stores used lead-acid batteries for less than 90 days.

    ‘(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 distribute in interstate commerce, or offer for such distribution, 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 at retail for use in the United States a regulated battery or rechargeable consumer product introduced into interstate commerce 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, 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 other regulation or statute.

    ‘(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 introduce into interstate commerce, offer for such introduction, 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 introduce into interstate commerce, offer for such introduction, 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 introduce into interstate commerce, offer for such introduction, 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 introduce into interstate commerce, offer for such introduction, 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.

      ‘(5) This section shall be enforced only pursuant to this subsection, notwithstanding the provisions of title I.

    ‘(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. STUDY OF LEAD IN USED OIL.

    (a) 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.

    (b) 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. 108. 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. 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. 202. SENSE OF THE CONGRESS 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 CONGRESS- It is the sense of the Congress 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.