109th CONGRESS
2d Session
S. 3969
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 SENATE OF THE UNITED STATES
September 28, 2006
Mr. OBAMA (for himself and Mrs. CLINTON) introduced the following bill;
which was read twice and referred to the Committee on Environment and Public
Works
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 Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Lead Poisoning Reduction Act of 2006'.
SEC. 2. FINDINGS.
(1) the number of children suffering from lead poisoning remains unacceptably
high;
(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 behavioral problems in children;
(5) owners and managers of childcare and pre-school facilities constructed
before 1978 need guidance 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 FACILITIES.
Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is amended
by adding at the end the following:
`(d) Child-Occupied Facilities-
`(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 regularly by a child of not more than 6 years
old for at least 2 days within any week for not less than--
`(II) 6 hours each week; and
`(III) 60 hours each calendar year.
`(ii) DESCRIPTION OF FACILITY- A facility referred to in clause (i)
is--
`(II) a pre-school or kindergarten classroom; or
`(III) except as provided in clause (iii), any other facility (including
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.
`(iii) EXCLUSION- The term `child-occupied facility' does not include
a home-based childcare facility.
`(B) EXPOSURE PATHWAY- The term `exposure 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 FACILITY- The term `home-based childcare facility'
means an owner-occupied or rental housing unit--
`(i) at which 1 or more individuals reside; and
`(ii) that meets the requirements under clauses (i) and (ii) of subparagraph
(A) for a child-occupied facility.
`(D) SELECT GROUP- The term `Select Group' means the Select Group on
Lead Exposure established by paragraph (2)(A).
`(2) SELECT GROUP ON LEAD EXPOSURE-
`(A) ESTABLISHMENT- There is established 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 designee);
`(iii) the Director of the National Institute 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 Institute of Child Health and Human
Development (or a designee); and
`(vi) the head of any other Federal agency (or a designee), as the
Administrator determines to be appropriate.
`(B) DUTIES- The Select Group shall advise 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 expenses, including per diem in lieu of subsistence, 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 member in the performance of the duties of
the Select Group.
`(3) BASELINE STANDARDS AND MODEL PROGRAM-
`(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-
`(i) DEVELOPMENT- Not later than 1 year after the date of enactment
of this subsection, the Select Group shall develop--
`(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 CONSIDERATION- In developing the baseline standards
and model program under clause (i), the Select Group shall take into
consideration--
`(I) the results of the study under subparagraph (A);
`(II) regulations promulgated pursuant to subsection (a) (including
the process of promulgating the regulations); and
`(III) guidance for childcare providers produced by agencies and
other groups, including--
`(aa) any member of the Select Group;
`(bb) the American Academy of Pediatrics;
`(cc) the American Public Health Association; and
`(dd) the National Center for Healthy Housing.
`(I) BASELINE STANDARDS- The baseline standards developed under
clause (i)(I) shall include guidelines for--
`(aa) assessing child-occupied facilities for the identification
and remediation of exposure pathways; and
`(bb) informing children and families that visit child-occupied
facilities of the exposure pathways and related hazards.
`(II) MODEL PROGRAM- The model program developed under clause (i)(II)
shall meet or exceed such applicable standards (including the baseline
standards under clause (i)(I)) as the Administrator may establish
with respect to grant programs carried out by the Administrator,
including standards 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 diagnosed with lead poisoning, subject to such guidelines as
the Select Group determines to be necessary to ensure the protection of
privileged medical information; and
`(bb) on receiving a notification under item (aa), a child-occupied
facility that has not been tested for the presence of lead in exposure pathways
shall be so tested.
`(A) DEFINITION OF ELIGIBLE FACILITY-
`(i) IN GENERAL- In this paragraph, the term `eligible facility' means
a child-occupied 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
`(aa) is based on the model program developed under paragraph
(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 development of baseline standards and the model program
under paragraph (3), the Administrator, in consultation with the Select
Group, shall establish a program under which the Administrator shall
provide grants to eligible facilities 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 receive a grant under this paragraph,
an eligible facility shall submit to the Administrator an application
at such time, in such manner, and containing such information as the
Administrator, in consultation with the Select Group, may require.
`(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
`(II) shall not be provided using funds appropriated pursuant to
any Federal program.
`(E) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this paragraph $42,600,000 for the period of fiscal years
2007 through 2011.
`(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 presence 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-
`(i) IN GENERAL- Not later than 3 years after the date of enactment
of this subsection, the Administrator shall promulgate 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 Administrator 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
enactment 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 Administrator, in consultation with the Select Group,
shall--
`(A) apply regulations promulgated pursuant to subsection (c)(3) to
contractors and other workers engaged in the renovation, remodeling,
or painting of child-occupied facilities; and
`(B) establish a program to provide information, 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 containing--
`(A) a list of States and Indian tribes carrying out programs to protect
children from exposure 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) during the preceding 3-year period; and
`(C) recommendations for additional Federal funds and resources, if
any, required to ensure the protection of children from exposure to
lead at child-occupied facilities.'.
END
