national security programs of the Department
of Energy;
‘‘(D) in the mining industry to determine
the presence of noble metals in geological mate-
rials; or
‘‘(E) as radiation shielding in any elec-
tronic device, or in specialized electronics uses
in any case in which the Administrator has de-
termined 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 in-
tended to prohibit the recycling (for use as a raw
material or for processing), recovery, or reuse of
lead-containing metal, glass, plastic, paper, or tex-
tiles, except that any product created or processed
from the lead-containing materials shall meet the re-
quirements (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 Adminis-
trator shall develop an inventory of all lead-con-
taining products sold or distributed in com-
merce (referred to in this section as the ‘inven-
tory’).
‘‘(B) PRODUCT CATEGORIES.—In develop-
ing 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 op-
portunities for lead exposure or release
during manufacturing, processing, or use,
or at the end of the useful life of the prod-
uct (taking into account other applicable
regulations).
‘‘(3) PUBLICATION OF DRAFT INVENTORY.—
‘‘(A) IN
GENERAL.—The Administrator
shall—
‘‘(i) publish the inventory in the Fed-
eral Register in draft form; and
‘‘(ii) solicit public comment on the
draft inventory and the grouping of prod-
ucts by the Administrator pursuant to
paragraph (2).
‘‘(B) PUBLICATION.—Not later than 4
years after the date of enactment of this para-
graph, after providing public notice and oppor-
tunity for comment on the draft inventory, the
Administrator shall publish a final inventory.
‘‘(4) PRODUCTS CONTAINING COMPONENTS IN-
CLUDED 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 pub-
lished under this subsection. If the Administrator
modifies the inventory, the Administrator shall pub-
lish 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 para-
graph, 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 deter-
mination to list a product or category of product
shall be based on exposure-related information per-
taining to the product or category of products, or to
a product or category of products that poses similar
exposure risks.
‘‘(3) SPECIFICATION
OF
LEAD
CONCENTRA-
TION.—For each product or category of products,
the Administrator shall specify the concentration of
lead (as a percentage of the dry weight of the prod-
uct 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 promul-
gating 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 estab-
lished in paragraph (1).
‘‘(B) PETITIONS FOR MODIFICATIONS.—
‘‘(i) IN GENERAL.—Any person may
petition the Administrator to make a de-
termination 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
ADMINIS-
TRATOR.—Not later than 2 years after re-
ceipt of a petition under clause (i), the Ad-
ministrator 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 prod-
uct category as requested in the peti-
tion, and complete the procedure by
not later than 2 years after initiating
the procedure.
‘‘(II) Deny the petition and pub-
lish an explanation of the basis for de-
nying the petition in the Federal
Register.
‘‘(5) CONSTRUCTION.—Nothing in this sub-
section shall be construed to affect any authority of
any person under section 5 or 6 concerning the man-
ufacturing 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 sub-
section (a)(3), any person who manufactures or
processes a lead-containing product referred to
in subparagraph (B) shall submit to the Admin-
istrator a notice prepared pursuant to para-
graph (2) on the commencement of the manu-
facture 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 de-
veloped under subsection (a); or
‘‘(ii) is a product that—
‘‘(I) is identified on the list pro-
mulgated under subsection (b), or
that is included in a category of prod-
ucts identified on the list; and
‘‘(II) utilizes a greater concentra-
tion of lead, as a percentage of dry
weight, than the concentration identi-
fied by the Administrator for the
product or category under subsection
(b)(3) (unless the concentration is ex-
ceeded 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 re-
quired 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 manufac-
tured 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 re-
port that provides a nonconfidential summary of new
uses identified pursuant to this subsection. The re-
port shall include aggregated information regarding
the amount of lead associated with the new uses.
‘‘(4) 
RELATIONSHIP
WITH
OTHER
PROVI-
SIONS.—The notification requirement under para-
graph (1) shall be subject to the confidentiality pro-
visions under section 5, and the research and devel-
opment 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 inven-
tory established under subsection (a) as the Ad-
ministrator 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 promul-
gated under subsection (b), and until such time
as a final list is published, no person shall in-
troduce 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 enact-
ment 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 para-
graph,
unless the person has submitted a notice under
paragraph (2).
‘‘(C) 
LIST
OF
PRODUCTS
OR
CAT-
EGORIES.—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 pro-
ceeding to enforce subparagraph (B) with re-
spect 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 prod-
uct (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 shield-
ing.
‘‘(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.’’.