text: 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.''.
target: 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.
feat_title: 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.