S 1811 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

July 18 (legislative day, July 17), 2007

Mr. OBAMA (for himself, Mr. SCHUMER, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Lead Poisoning Reduction Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the number of children suffering from lead poisoning remains unacceptably high;CommentsClose CommentsPermalink





(2) children younger than 6 years of age are much more likely to suffer the devastating effects of lead poisoning;CommentsClose CommentsPermalink





(3) the health of children may be impacted at lower levels of lead exposure than previously thought;CommentsClose CommentsPermalink





(4) lead poisoning can lead to organ damage, as well as serious developmental, learning, and behavioral problems in children;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(d) Child-Occupied Facilities-CommentsClose CommentsPermalink





`(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





`(A) CHILD-OCCUPIED FACILITY-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) 3 hours each visit;CommentsClose CommentsPermalink





`(II) 6 hours each week; andCommentsClose CommentsPermalink





`(III) 60 hours each calendar year.CommentsClose CommentsPermalink





`(ii) DESCRIPTION OF FACILITY- A facility referred to in clause (i) is--CommentsClose CommentsPermalink





`(I) a childcare center;CommentsClose CommentsPermalink





`(II) a pre-school or kindergarten classroom; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(iii) EXCLUSION- The term `child-occupied facility' does not include a home-based childcare facility.CommentsClose CommentsPermalink





`(B) EXPOSURE PATHWAY- The term `exposure pathway' includes, with respect to lead--CommentsClose CommentsPermalink





`(i) lead-based paint and lead-based paint hazards; andCommentsClose CommentsPermalink





`(ii) lead contained in--CommentsClose CommentsPermalink





`(I) drinking water plumbing and fixtures;CommentsClose CommentsPermalink





`(II) furniture, fixtures, and playground equipment; andCommentsClose CommentsPermalink





`(III) products used by or for children.CommentsClose CommentsPermalink





`(C) HOME-BASED CHILDCARE FACILITY- The term `home-based childcare facility' means an owner-occupied or rental housing unit--CommentsClose CommentsPermalink





`(i) at which 1 or more individuals reside; andCommentsClose CommentsPermalink





`(ii) that meets the requirements under clauses (i) and (ii) of subparagraph (A) for a child-occupied facility.CommentsClose CommentsPermalink





`(D) SELECT GROUP- The term `Select Group' means the Select Group on Lead Exposure established by paragraph (2)(A).CommentsClose CommentsPermalink





`(2) SELECT GROUP ON LEAD EXPOSURE-CommentsClose CommentsPermalink





`(A) ESTABLISHMENT- There is established a Select Group on Lead Exposure, to be composed of--CommentsClose CommentsPermalink





`(i) the Secretary of Education (or a designee);CommentsClose CommentsPermalink





`(ii) the Director of the Centers for Disease Control and Prevention (or a designee);CommentsClose CommentsPermalink





`(iii) the Director of the National Institute of Environmental Health Science (or a designee);CommentsClose CommentsPermalink





`(iv) the Assistant Secretary of the Administration for Children and Families (or a designee);CommentsClose CommentsPermalink





`(v) the Director of the National Institute of Child Health and Human Development (or a designee); andCommentsClose CommentsPermalink





`(vi) the head of any other Federal agency (or a designee), as the Administrator determines to be appropriate.CommentsClose CommentsPermalink





`(B) DUTIES- The Select Group shall advise the Administrator on actions necessary to carry out this subsection and related activities.CommentsClose CommentsPermalink





`(C) COMPENSATION OF MEMBERS- A member of the Select Group shall serve without compensation.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) BASELINE STANDARDS AND MODEL PROGRAM-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) STANDARDS AND PROGRAM-CommentsClose CommentsPermalink





`(i) DEVELOPMENT- Not later than 1 year after the date of enactment of this subsection, the Select Group shall develop--CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) FACTORS FOR CONSIDERATION- In developing the baseline standards and model program under clause (i), the Select Group shall take into consideration--CommentsClose CommentsPermalink





`(I) the results of the study under subparagraph (A);CommentsClose CommentsPermalink





`(II) regulations promulgated pursuant to subsection (a) (including the process of promulgating the regulations); andCommentsClose CommentsPermalink





`(III) guidance for childcare providers produced by agencies and other groups, including--CommentsClose CommentsPermalink

`(aa) any member of the Select Group;CommentsClose CommentsPermalink

`(bb) the American Academy of Pediatrics;CommentsClose CommentsPermalink

`(cc) the American Public Health Association; andCommentsClose CommentsPermalink

`(dd) the National Center for Healthy Housing.CommentsClose CommentsPermalink

`(iii) REQUIREMENTS-CommentsClose CommentsPermalink





`(I) BASELINE STANDARDS- The baseline standards developed under clause (i)(I) shall include guidelines for--CommentsClose CommentsPermalink

`(aa) assessing child-occupied facilities for the identification and remediation of exposure pathways; andCommentsClose CommentsPermalink

`(bb) informing children and families that visit child-occupied facilities of the exposure pathways and related hazards.CommentsClose CommentsPermalink

`(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--CommentsClose CommentsPermalink

`(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; andCommentsClose CommentsPermalink

`(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.CommentsClose CommentsPermalink

`(4) GRANT PROGRAM-CommentsClose CommentsPermalink





`(A) DEFINITION OF ELIGIBLE FACILITY-CommentsClose CommentsPermalink





`(i) IN GENERAL- In this paragraph, the term `eligible facility' means a child-occupied facility that participates in a State, tribal, or local program--CommentsClose CommentsPermalink





`(I) the purpose of which is to protect children from exposure to lead at child-occupied facilities; andCommentsClose CommentsPermalink





`(II) that--CommentsClose CommentsPermalink

`(aa) is based on the model program developed under paragraph (3)(B)(i)(II); orCommentsClose CommentsPermalink

`(bb) otherwise meets the baseline standards developed under paragraph (3)(B)(i)(I).CommentsClose CommentsPermalink

`(ii) EXCLUSION- The term `eligible facility' does not include a home-based childcare facility.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) COST SHARING-CommentsClose CommentsPermalink





`(i) IN GENERAL- The non-Federal share of the cost of an activity funded by a grant under this paragraph shall be 20 percent.CommentsClose CommentsPermalink





`(ii) PROVISION- The non-Federal share under clause (i)--CommentsClose CommentsPermalink





`(I) may be provided using State, tribal, and local government funds and private funds; andCommentsClose CommentsPermalink





`(II) shall not be provided using funds appropriated pursuant to any Federal program.CommentsClose CommentsPermalink





`(E) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this paragraph $42,600,000 for the period of fiscal years 2008 through 2012.CommentsClose CommentsPermalink





`(5) REGULATIONS-CommentsClose CommentsPermalink





`(A) TESTING- Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring that--CommentsClose CommentsPermalink





`(i) child-occupied facilities placed into service after that date shall test each applicable exposure pathway for the presence of lead; andCommentsClose CommentsPermalink





`(ii) no State or Indian tribe shall issue to a child-occupied facility described in clause (i) a license until--CommentsClose CommentsPermalink





`(I) the testing required under clause (i) is completed; andCommentsClose CommentsPermalink





`(II) the exposure to lead, if any, in each applicable exposure pathway is eliminated.CommentsClose CommentsPermalink





`(B) ELIMINATION OF RISK-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) FINALIZATION AND EFFECTIVE DATE- The proposed regulations under clause (i)--CommentsClose CommentsPermalink





`(I) shall be finalized by the Administrator not later than 4 years after the date of enactment of this subsection; andCommentsClose CommentsPermalink





`(II) shall take effect not later than 5 years after the date of enactment of this subsection.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) establish a program to provide information, training, and materials concerning those activities to the contractors and workers.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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));CommentsClose CommentsPermalink





`(B) the number of child-occupied facilities that received grants under paragraph (4) during the preceding 3-year period; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink