‘‘(C) DIFFERENTIATION
IN
LABELING.—
The regulations promulgated under this section
may distinguish between—
‘‘(i) labels required for products in-
cluded 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 in-
cluded in the list that present a risk of ex-
posure 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 (in-
cluding 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 sub-
section:
‘‘ ‘COLLECTIBLE 
ITEM, 
CON-
TAINS LEAD, NOT SUITABLE
FOR CHILDREN.’.
‘‘(2) CRITERIA FOR REGULATIONS.—The regu-
lations promulgated pursuant to paragraph (1) shall
specify the type, size, and placement of the labeling
described in paragraph (1).
‘‘(3) EFFECTIVE DATE.—Each regulation pro-
mulgated under paragraph (1) shall take effect on
the date that is 1 year after the date of the promul-
gation 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 (ex-
cept for letters in logos or brand markings) other-
wise 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 oth-
erwise) 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 con-
stitute, 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 com-
ply 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 land-
fill; 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 re-
cycling in accordance with this section.
‘‘(3) EXEMPTION.—Paragraphs (1) through (2)
shall not apply to an owner or operator of a munici-
pal solid waste landfill, incinerator, or collection pro-
gram that inadvertently receives any lead-acid bat-
tery 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 proce-
dures 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 REQUIRE-
MENTS.—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 Adminis-
trator 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 govern-
mental 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 representa-
tive 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 Adminis-
trator 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 COM-
MUNITY COLLECTION PROGRAMS.—
‘‘(1) IN GENERAL.—Beginning on the date that
is 1 year after the date of enactment of this sub-
section—
‘‘(A) no person who sells lead-acid bat-
teries at wholesale;
‘‘(B) no automotive dismantler; and
‘‘(C) no community collection program op-
erated pursuant to an agreement with a govern-
mental 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 rep-
resentative 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 regu-
lated 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 sub-
section, no person who manufactures lead-acid bat-
teries may discard or otherwise dispose of any used
lead-acid battery, except by delivery to 1 of the per-
sons 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 regu-
lated 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 sub-
section, 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 bat-
teries 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 replace-
ment automotive type lead-acid battery that is
not accompanied by the return of a used auto-
motive type lead-acid battery.
‘‘(2) DEPOSITS.—A person who pays a deposit
pursuant to this subsection shall receive from the re-
tailer 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 pur-
chased. 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 bat-
teries are offered for sale.
‘‘(g) COLLECTION
REQUIREMENTS
FOR
WHOLE-
SALERS.—
‘‘(1) IN GENERAL.—Beginning on the date that
is 1 year after the date of enactment of this sub-
section, a person who sells, or offers for sale, lead-
acid batteries at wholesale (referred to in this sec-
tion 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 whole-
saler who sells, or offers for sale, lead-acid batteries
to a retailer, the wholesaler shall also provide for re-
moving used lead-acid batteries at the place of busi-
ness 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 bat-
teries 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 noti-
fication referred to in the preceding sentence.
‘‘(h) COLLECTION REQUIREMENTS FOR MANUFAC-
TURERS.—Beginning on the date that is 1 year after the
date of enactment of this subsection, a person who manu-
factures 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 RETAIL-
ERS.—
‘‘(1) IN GENERAL.—Beginning on the date that
is 1 year after the date of enactment of this sub-
section, 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 bat-
teries are sold or offered for sale;
‘‘(B) is at least 81⁄2 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 re-
tailers 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 bat-
tery collector, recycler, or processor, or to
an automotive dismantler.’.
‘‘(2) FAILURE TO POST NOTICE.—Any person
who, after receiving a written warning by the Ad-
ministrator, 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
REQUIRE-
MENTS.—
‘‘(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 bat-
tery manufacturer to distribute in interstate com-
merce, 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 ex-
change.’.
‘‘(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 no-
tice of the requirements of this section and such other re-
lated 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.—Not-
withstanding any other provision of this section, any per-
son 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 com-
monly has wire leads, terminals, and dielectric hous-
ing.
‘‘(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 re-
movable’, 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 ‘re-
chargeable 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 elec-
tricity 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 in-
struction storage, timekeeping, or any
similar purpose that requires uninter-
rupted electrical power in order to function
if the primary energy supply fails or fluc-
tuates 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 re-
quires uninterrupted electrical power in order to
function if the primary energy supply fails or
fluctuates momentarily.
‘‘(7) REGULATED BATTERY.—The term ‘regu-
lated battery’ means any rechargeable battery that—
‘‘(A) contains a cadmium or a lead elec-
trode or any combination of cadmium and lead
electrodes; or
‘‘(B) has another electrode chemistry and
is the subject of a determination by the Admin-
istrator pursuant to subsection (b)(5).
‘‘(8) REMANUFACTURED PRODUCT.—The term
‘remanufactured product’ means a rechargeable
consumer product that has been altered by the re-
placement 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 intro-
duced 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 prod-
uct 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, bat-
tery pack, or rechargeable consumer product without
an easily removable battery or battery pack, manu-
factured 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 bat-
tery pack, ‘Pb’ or the words ‘LEAD’, ‘RE-
TURN’, and ‘RECYCLE’; and
‘‘(iii) on each regulated battery or battery
pack, the phrase ‘NICKEL-CADMIUM BAT-
TERY. MUST BE RECYCLED OR DIS-
POSED 
OF 
PROPERLY.’ 
or 
‘SEALED
LEAD BATTERY. BATTERY MUST BE
RECYCLED.’, as applicable;
‘‘(B) on each rechargeable consumer prod-
uct without an easily removable battery or bat-
tery pack, the phrase ‘CONTAINS NICKEL-
CADMIUM BATTERY. BATTERY MUST
BE RECYCLED OR DISPOSED OF PROP-
ERLY.’ or ‘CONTAINS SEALED LEAD
BATTERY. BATTERY MUST BE RECY-
CLED.’, as applicable; and
‘‘(C) on the packaging of each recharge-
able consumer product, and the packaging of
each regulated battery or battery pack sold sep-
arately from such a product, unless the relevant
label is clearly visible through the packaging,
the phrase ‘CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECY-
CLED 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 contain-
ing 
regulated 
batteries, 
and 
rechargeable
consumer product packages, that are labeled in
substantial compliance with paragraph (2) shall
be deemed to comply with the labeling require-
ments of paragraph (2).
‘‘(B) DIFFERENT LABEL.—Upon applica-
tion by a person subject to the labeling require-
ments of paragraph (2) or the labeling require-
ments 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 inter-
national 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, bat-
tery pack, or product subject to the labeling require-
ments 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 reg-
ulated batteries and battery packs, whether sold sep-
arately or in rechargeable consumer products, shall
be recycled or disposed of properly.
‘‘(5) RULEMAKING AUTHORITY OF THE ADMIN-
ISTRATOR.—
‘‘(A) IN GENERAL.—If the Administrator
determines that other rechargeable batteries
having electrode chemistries different from reg-
ulated 
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 de-
sign 
requirements 
for 
rechargeable
consumer products designed to contain the
batteries or battery packs.
‘‘(B) SUBSTANTIAL SIMILARITY.—The reg-
ulations promulgated pursuant to subparagraph
(A) shall be substantially similar to the require-
ments 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 re-
chargeable 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 para-
graph (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 applica-
tion under subparagraph (A), the Administrator
shall approve or deny the application. Upon ap-
proval 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 appro-
priate, except that the period shall not exceed
2 years. The Administrator shall grant an ex-
emption on the basis of evidence supplied to the
Administrator that the manufacturer has been
unable to commence manufacturing the re-
chargeable 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 ap-
provals from governmental agencies or
widely recognized private standard-setting
organizations (including Underwriters Lab-
oratories).
‘‘(C) RENEWAL OF EXEMPTION.—A person
granted an exemption under subparagraph (B)
may apply for a renewal of the exemption in ac-
cordance 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 bat-
tery packs, and used rechargeable consumer products con-
taining rechargeable batteries that are not easily remov-
able 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 limita-
tions, to the same requirements as would apply if the per-
sons were collecting, storing, or transporting batteries
subject to subpart G of part 266 of title 40, Code of Fed-
eral Regulations, as in effect on January 1, 1993, notwith-
standing any other regulation or statute.
‘‘(d) COOPERATIVE EFFORTS.—Notwithstanding any
other provision of law, if 2 or more persons who partici-
pate in projects or programs to collect and properly man-
age used rechargeable batteries, used battery packs, or
used rechargeable consumer products advise the Adminis-
trator 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 man-
ufacturers, and retailers, and after conducting a
public hearing and considering public comment, shall
submit to Congress a report that provides the infor-
mation specified in paragraph (2). In collecting in-
formation for the report, the Administrator shall co-
ordinate 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 de-
scribed 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 re-
spect 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 inciner-
ators, landfills, and municipal solid waste
facilities.
‘‘(C) A review of the recycling and rec-
lamation rates for regulated batteries.
‘‘(D) A review of the availability of per-
mitted facilities sufficient to handle the current
and projected volume of used regulated bat-
teries, along with a complete evaluation of po-
tential regulatory impediments to management
options.
‘‘(E) A list of entities involved in the pro-
duction and distribution of regulated batteries
or rechargeable consumer products and partici-
pating in programs for the collection of regu-
lated batteries.
‘‘(F) A list of entities involved in the pro-
duction and distribution of regulated batteries
or rechargeable consumer products, excluding
retailers, that are not participating in programs
for the collection of regulated batteries. In for-
mulating 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 Adminis-
trator 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 Ad-
ministrator shall issue a report that provides an up-
date of the information specified in paragraph (2).
‘‘(f) LIMITATIONS ON THE SALE OF ALKALINE-MAN-
GANESE BATTERIES CONTAINING MERCURY.—No person
shall introduce into interstate commerce, offer for such in-
troduction, or offer for promotional purposes any alkaline-
manganese battery manufactured on or after January 1,
1996, with a mercury content that was intentionally intro-
duced (as distinguished from mercury that may be inci-
dentally present in other materials), except that the limita-
tion 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 in-
troduce into interstate commerce, offer for such introduc-
tion, 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 intro-
duce into interstate commerce, offer for such introduction,
or offer for promotional purposes any button cell mer-
curic-oxide battery on or after January 1, 1995.
‘‘(i) LIMITATIONS
ON
THE SALE
OF MERCURIC-
OXIDE BATTERIES.—No person shall introduce into inter-
state 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 manufactur-
ers, 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 sec-
tion:
‘‘(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 as-
sessing a civil penalty for any past or current viola-
tion, requiring compliance immediately or within a
reasonable specified time period, or both, or the Ad-
ministrator may commence a civil action in the
United States district court in the district in which
the violation occurred for appropriate relief, includ-
ing a temporary or permanent injunction.
‘‘(2) Any order issued pursuant to this sub-
section shall state with reasonable specificity the na-
ture of the violation. Any penalty assessed in the
order shall not exceed $10,000 for each such viola-
tion. In assessing such a penalty, the Administrator
shall take into account the seriousness of the viola-
tion and any good faith efforts to comply with appli-
cable 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 testi-
mony of witnesses and the production of relevant pa-
pers, 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 Adminis-
trator 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 pursu-
ant to this subsection, notwithstanding the provi-
sions 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 manu-
facturer; and
‘‘(D) an authorized agent of a manufac-
turer 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 rep-
resentative 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 con-
fidentiality of such records or information main-
tained 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), (relat-
ing to requirements and the labeling of rechargeable bat-
teries, battery packs, or rechargeable consumer products
or packages containing the products), nothing in this sec-
tion shall be construed so as to prohibit a State from en-
acting 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 nec-
essary 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 in-
clude 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 Adminis-
trator 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 sub-
section, the Administrator shall appoint, from among the
employees of the Environmental Protection Agency, a Co-
ordinator for Lead Activities to coordinate the activities
conducted by the Agency (or in conjunction with the Agen-
cy) relating to the prevention of lead poisoning, the reduc-
tion 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 amend-
ed—
(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 sec-
tion 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 re-
lating 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 pro-
cedures.
‘‘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 Poi-
soning.
‘‘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 promulga-
tion 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 request-
ing that EPA label, not ban, lead fishing sinkers,
(3) EPA states in the proposed rule, ‘‘In addi-
tion, 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 fish-
ing sinkers manufactured from lead-substitute mate-
rials 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 fish-
ing sinkers would affect up to 1,600,000 anglers
who make their own sinkers in basements and ga-
rages, 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 alter-
native 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 Con-
trol 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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