Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978; (2) develop baseline standards such programs must meet to receive a grant under this Act; and (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments.
Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification.
Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure; (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways; and (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3969 Introduced in Senate (IS)]
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.
Congress finds that--
(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--
``(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 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.
``(iii) Requirements.--
``(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.
``(4) Grant program.--
``(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
``(II) that--
``(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.
``(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
``(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.
``(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 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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10471-10472)
Read twice and referred to the Committee on Environment and Public Works.
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