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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4882 Introduced in House (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.
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