I
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 Representa-
tives 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 proce-
dures.
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 ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion 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 dis-
ease of environmental origin among American chil-
dren 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 in-
clude 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 re-
moving 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 environ-
ment, and the releases contribute to further environ-
mental 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 imple-
mented 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 insert-
ing ‘‘(a) IN GENERAL.—Subject to subsection (b),
for the purposes’’;
(2) by redesignating—
(A) paragraphs (13) through (17) as para-
graphs (18) through (22), respectively;
(B) paragraphs (5) through (12) as para-
graphs (7) through (14), respectively; and
(C) paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) DISTRIBUTOR.—The term ‘distributor’
means any individual, firm, corporation, or other en-
tity that distributes a product for resale.’’;
(4) by inserting after paragraph (14) (as so re-
designated) the following new paragraphs:
‘‘(15) PACKAGE.—The term ‘package’ means a
container that provides a means of marketing, pro-
tecting, 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 car-
rying 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’) Speci-
fication D–996, and such other packages as the Ad-
ministrator may specify by regulation.
‘‘(16) PACKAGING
COMPONENT.—The term
‘packaging component’ means any individual assem-
bled part of a package (including any interior or ex-
terior blocking, bracing, cushioning, weatherproof-
ing, 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, corpora-
tion (including a government corporation), partner-
ship, 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 sub-
section:
‘‘(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 con-
taining lead that is regulated or subject to regula-
tion under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.).’’.
SEC. 103. RESTRICTIONS ON CONTINUING USES OF CER-
TAIN 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 CER-
TAIN 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 sub-
section, no person may process a product in any
of the product categories described in para-
graph (2).
‘‘(B) PROHIBITION ON THE DISTRIBUTION
IN COMMERCE OF A PRODUCT.—Beginning on
the date that is 2 years after the date of enact-
ment of this subsection, no person may distrib-
ute in commerce a product in any of the prod-
uct categories described in paragraph (2).
‘‘(2) PRODUCT CATEGORIES.—The product cat-
egories described in this paragraph are as follows:
‘‘(A) Paint containing more than 0.06 per-
cent lead by dry weight, other than—
‘‘(i) corrosion inhibitive coatings, in-
cluding 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, construc-
tion, and general industrial and forestry
purposes;
‘‘(iii) paints containing lead chromate
pigments; and
‘‘(iv) zinc-enriched industrial paint
with respect to which the incidental pres-
ence 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, man-
ufacture, processing, and distribution estab-
lished by the Consumer Product Safety Com-
mission under the Federal Hazardous Sub-
stances 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 per-
cent lead by dry weight; and
‘‘(iii) that are common in residential
use.
‘‘(D) Inks containing more than 0.1 per-
cent lead by dry weight used in printing news-
papers, 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 prod-
uct 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 cat-
egories described in subparagraph (B).
‘‘(B) PRODUCT
CATEGORIES.—The prod-
uct categories described in this subparagraph
are as follows:
‘‘(i) Architectural glass coatings con-
taining more than 0.06 percent lead by dry
weight.
‘‘(ii) Automotive window coatings con-
taining more than 0.06 percent lead by dry
weight.
‘‘(4) STATUTORY CONSTRUCTION.—Nothing in
this section shall prohibit the recycling of any prod-
uct 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 para-
graphs (2) and (3), the percentage of the allowable
lead content for a product, or a group of products,
within a product category described in subpara-
graphs (A) through (D) of subsection (a)(2) or sub-
section (a)(3)(B).
‘‘(2) REDUCED
PERCENTAGE.—The Adminis-
trator may, pursuant to paragraph (1), establish by
regulation a percentage by dry weight of the allow-
able 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 deter-
mines that a reduction in the percentage of the al-
lowable 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 al-
lowable 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 sub-
section (a)(3)(B) if the Administrator deter-
mines 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 de-
termines, pursuant to subparagraph (A), that
the promulgation of a revised regulation is ap-
propriate, the Administrator, not later than 1
year prior to the termination date of the regula-
tion, may promulgate a revised regulation that
shall terminate on the date that is 6 years after
the date the revised regulation becomes final.