I 
110TH CONGRESS 
1ST SESSION H. R. 3085 
To amend the Toxic Substances Control Act to assess and reduce the levels 
of lead found in child-occupied facilities in the United States, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2007 
Ms. SLAUGHTER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to assess and 
reduce the levels of lead found in child-occupied facilities 
in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lead Poisoning Reduc-
tion Act of 2007’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the number of children suffering from lead 
poisoning remains unacceptably high; 
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(2) children younger than 6 years of age are 
much more likely to suffer the devastating effects of 
lead poisoning; 
(3) the health of children may be impacted at 
lower levels of lead exposure than previously 
thought; 
(4) lead poisoning can lead to organ damage, as 
well as serious developmental, learning, and behav-
ioral problems in children; 
(5) owners and managers of childcare and pre- 
school facilities constructed before 1978 need guid-
ance with respect to protecting children of the 
United States from exposure to lead; and 
(6) the Administrator of the Environmental 
Protection Agency has the authority, but, as of the 
date of enactment of this Act, has elected not, to 
promulgate regulations pursuant to section 402 of 
the Toxic Substances Control Act (15 U.S.C. 2682) 
to reduce lead exposure in child-occupied facilities. 
SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILI-
TIES. 
Section 402 of the Toxic Substances Control Act (15 
U.S.C. 2682) is amended by adding at the end the fol-
lowing: 
‘‘(d) CHILD-OCCUPIED FACILITIES.— 
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‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CHILD-OCCUPIED FACILITY.— 
‘‘(i) IN GENERAL.—The term ‘child- 
occupied facility’ means a facility described 
in clause (ii) that was constructed before 
January 1, 1978, and that is visited regu-
larly by a child of not more than 6 years 
old for at least 2 days within any week for 
not less than— 
‘‘(I) 3 hours each visit; 
‘‘(II) 6 hours each week; and 
‘‘(III) 60 hours each calendar 
year. 
‘‘(ii) DESCRIPTION OF FACILITY.—A 
facility referred to in clause (i) is— 
‘‘(I) a childcare center; 
‘‘(II) a pre-school or kinder-
garten classroom; or 
‘‘(III) except as provided in 
clause (iii), any other facility (includ-
ing a facility used for a Head Start 
program or a similar program) at 
which a childcare provider receives 
compensation or a subsidy for services 
provided. 
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‘‘(iii) EXCLUSION.—The term ‘child- 
occupied facility’ does not include a home- 
based childcare facility. 
‘‘(B) EXPOSURE PATHWAY.—The term ‘ex-
posure pathway’ includes, with respect to 
lead— 
‘‘(i) lead-based paint and lead-based 
paint hazards; and 
‘‘(ii) lead contained in— 
‘‘(I) drinking water plumbing 
and fixtures; 
‘‘(II) furniture, fixtures, and 
playground equipment; and 
‘‘(III) products used by or for 
children. 
‘‘(C) HOME-BASED
CHILDCARE
FACIL-
ITY.—The term ‘home-based childcare facility’ 
means an owner-occupied or rental housing 
unit— 
‘‘(i) at which 1 or more individuals re-
side; and 
‘‘(ii) that meets the requirements 
under clauses (i) and (ii) of subparagraph 
(A) for a child-occupied facility. 
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‘‘(D) SELECT
GROUP.—The term ‘Select 
Group’ means the Select Group on Lead Expo-
sure established by paragraph (2)(A). 
‘‘(2) SELECT GROUP ON LEAD EXPOSURE.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished a Select Group on Lead Exposure, to be 
composed of— 
‘‘(i) the Secretary of Education (or a 
designee); 
‘‘(ii) the Director of the Centers for 
Disease Control and Prevention (or a des-
ignee); 
‘‘(iii) the Director of the National In-
stitute of Environmental Health Science 
(or a designee); 
‘‘(iv) the Assistant Secretary of the 
Administration for Children and Families 
(or a designee); 
‘‘(v) the Director of the National In-
stitute of Child Health and Human Devel-
opment (or a designee); and 
‘‘(vi) the head of any other Federal 
agency (or a designee), as the Adminis-
trator determines to be appropriate. 
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‘‘(B) DUTIES.—The Select Group shall ad-
vise the Administrator on actions necessary to 
carry out this subsection and related activities. 
‘‘(C) COMPENSATION
OF
MEMBERS.—A 
member of the Select Group shall serve without 
compensation. 
‘‘(D) TRAVEL EXPENSES.—A member of 
the Select Group shall be allowed travel ex-
penses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 
5, United States Code, while away from the 
home or regular place of business of the mem-
ber in the performance of the duties of the Se-
lect Group. 
‘‘(3) BASELINE STANDARDS AND MODEL PRO-
GRAM.— 
‘‘(A) STUDY.—Not later than 180 days 
after the date of enactment of this subsection, 
the Select Group shall conduct a study of State, 
tribal, and local programs the purpose of which 
is to protect children from exposure to lead at 
child-occupied facilities. 
‘‘(B) STANDARDS AND PROGRAM.— 
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‘‘(i) DEVELOPMENT.—Not later than 
1 year after the date of enactment of this 
subsection, the Select Group shall de-
velop— 
‘‘(I) 
baseline 
standards 
with 
which a State, tribal, or local program 
described in subparagraph (A) shall 
comply to be eligible to receive a grant 
under paragraph (4); and 
‘‘(II) a model program to protect 
children from exposure to lead at 
child-occupied facilities that can be 
adopted for use by State, tribal, and 
local governments. 
‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In developing the baseline stand-
ards and model program under clause (i), 
the Select Group shall take into consider-
ation— 
‘‘(I) the results of the study 
under subparagraph (A); 
‘‘(II) 
regulations 
promulgated 
pursuant to subsection (a) (including 
the process of promulgating the regu-
lations); and 
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‘‘(III) guidance for childcare pro-
viders produced by agencies and other 
groups, including— 
‘‘(aa) any member of the Se-
lect Group; 
‘‘(bb) the American Acad-
emy of Pediatrics; 
‘‘(cc) the American Public 
Health Association; and 
‘‘(dd) the National Center 
for Healthy Housing. 
‘‘(iii) REQUIREMENTS.— 
‘‘(I) BASELINE
STANDARDS.— 
The 
baseline 
standards 
developed 
under clause (i)(I) shall include guide-
lines for— 
‘‘(aa) assessing child-occu-
pied facilities for the identifica-
tion and remediation of exposure 
pathways; and 
‘‘(bb) 
informing 
children 
and families that visit child-occu-
pied facilities of the exposure 
pathways and related hazards. 
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‘‘(II) 
MODEL
PROGRAM.—The 
model program developed under clause 
(i)(II) shall meet or exceed such appli-
cable standards (including the base-
line standards under clause (i)(I)) as 
the Administrator may establish with 
respect to grant programs carried out 
by the Administrator, including stand-
ards requiring that— 
‘‘(aa) 
each 
appropriate 
child-occupied facility shall be 
provided a notice as soon as 
practicable after a child served by 
the child-occupied facility is diag-
nosed with lead poisoning, sub-
ject to such guidelines as the Se-
lect Group determines to be nec-
essary to ensure the protection of 
privileged medical information; 
and 
‘‘(bb) on receiving a notifica-
tion under item (aa), a child-oc-
cupied facility that has not been 
tested for the presence of lead in 
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exposure pathways shall be so 
tested. 
‘‘(4) GRANT PROGRAM.— 
‘‘(A) DEFINITION
OF
ELIGIBLE
FACIL-
ITY.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘eligible facility’ means a child-oc-
cupied facility that participates in a State, 
tribal, or local program— 
‘‘(I) the purpose of which is to 
protect children from exposure to lead 
at child-occupied facilities; and 
‘‘(II) that— 
‘‘(aa) is based on the model 
program developed under para-
graph (3)(B)(i)(II); or 
‘‘(bb) otherwise meets the 
baseline 
standards 
developed 
under paragraph (3)(B)(i)(I). 
‘‘(ii) EXCLUSION.—The term ‘eligible 
facility’ does not include a home-based 
childcare facility. 
‘‘(B) ESTABLISHMENT.—Not later than 1 
year after, but in no case before, the date of de-
velopment of baseline standards and the model 
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program under paragraph (3), the Adminis-
trator, in consultation with the Select Group, 
shall establish a program under which the Ad-
ministrator shall provide grants to eligible fa-
cilities to assist the eligible facilities in carrying 
out activities to protect children from exposure 
to lead at eligible facilities. 
‘‘(C) APPLICATION.—To be eligible to re-
ceive a grant under this paragraph, an eligible 
facility shall submit to the Administrator an ap-
plication at such time, in such manner, and 
containing such information as the Adminis-
trator, in consultation with the Select Group, 
may require. 
‘‘(D) COST SHARING.— 
‘‘(i) IN GENERAL.—The non-Federal 
share of the cost of an activity funded by 
a grant under this paragraph shall be 20 
percent. 
‘‘(ii) PROVISION.—The non-Federal 
share under clause (i)— 
‘‘(I) may be provided using State, 
tribal, and local government funds 
and private funds; and 
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‘‘(II) shall not be provided using 
funds appropriated pursuant to any 
Federal program. 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this paragraph $42,600,000 for the 
period of fiscal years 2007 through 2011. 
‘‘(5) REGULATIONS.— 
‘‘(A) TESTING.—Not later than 18 months 
after the date of enactment of this subsection, 
the Administrator shall promulgate regulations 
requiring that— 
‘‘(i) child-occupied facilities placed 
into service after that date shall test each 
applicable exposure pathway for the pres-
ence of lead; and 
‘‘(ii) no State or Indian tribe shall 
issue to a child-occupied facility described 
in clause (i) a license until— 
‘‘(I) the testing required under 
clause (i) is completed; and 
‘‘(II) the exposure to lead, if any, 
in each applicable exposure pathway is 
eliminated. 
‘‘(B) ELIMINATION OF RISK.— 
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‘‘(i) IN GENERAL.—Not later than 3 
years after the date of enactment of this 
subsection, the Administrator shall promul-
gate proposed regulations requiring all 
child-occupied facilities to eliminate the 
risk of exposure to lead through applicable 
exposure pathways. 
‘‘(ii) FINALIZATION
AND
EFFECTIVE 
DATE.—The proposed regulations under 
clause (i)— 
‘‘(I) shall be finalized by the Ad-
ministrator not later than 4 years 
after the date of enactment of this 
subsection; and 
‘‘(II) shall take effect not later 
than 5 years after the date of enact-
ment of this subsection. 
‘‘(6) CONTRACTORS ENGAGED IN RENOVATION, 
REMODELING, AND PAINTING OF CHILD-OCCUPIED 
FACILITIES.—Not later than 18 months after the 
date of enactment of this subsection, the Adminis-
trator, in consultation with the Select Group, shall— 
‘‘(A) apply regulations promulgated pursu-
ant to subsection (c)(3) to contractors and 
other workers engaged in the renovation, re-
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modeling, or painting of child-occupied facili-
ties; and 
‘‘(B) establish a program to provide infor-
mation, training, and materials concerning 
those activities to the contractors and workers. 
‘‘(7) REPORT TO CONGRESS.—Not later than 3 
years after the date of enactment of this subsection, 
the Administrator, in consultation with the Select 
Group, shall submit to Congress a report con-
taining— 
‘‘(A) a list of States and Indian tribes car-
rying out programs to protect children from ex-
posure to lead at child-occupied facilities that 
meet the baseline standards developed under 
paragraph (3)(B)(i)(I) (including by adopting 
the model program developed under paragraph 
(3)(B)(i)(II)); 
‘‘(B) the number of child-occupied facilities 
that received grants under paragraph (4) dur-
ing the preceding 3-year period; and 
‘‘(C) recommendations for additional Fed-
eral funds and resources, if any, required to en-
sure the protection of children from exposure to 
lead at child-occupied facilities.’’. 
Æ 
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