Document Qq3KazaMv6wakB003J2eOBD8

<in *fttrpMirt * W W)NaMifHftflMi 0 6 281 UHm ~s v . . . . . . July 14, 1973 MEMORANDUM 7*1 -^* t 4 i * ^ -- mm Vi i: i w If r ;-i <. TO: All NPCA Membert NPCA Lsgitlorive Committee Subject; 5. 407 and H.R. 8920 - cederol fed in Patnr Ls git lotion, 1. 3ockg'Ound Thit issue which hoi bean in the for*front for to long it now rapidly reaching rh* point of Final decision. Thing! will move quickly in the next ftw week], Thit memo it being put out now to that all will have the complete information at hand. The rapid leavenet of events hereoftar juir moy not permir the iuuone* of another detailed bulletin in a timely fathion. 2. 3r?ef Stotu* Recap a. 5. 607, the Kennedy bill, patted the Senate on May 9, 1973, b. H.R. 8920, the Houte vertion wot approved by the cognizant Haute committee, rh* Committee on Banking and Currency, on June 28, 1973. c. Next itep it the vote in the Haute on H.R. 8920. (within next 2 weexti d. Then, a Confer*nee between the Senate and Haute to resolve differences. Note; While it it too toon to be 100% occurate, attached it oTitt, Probable Conferaet, from which the Conferees will most likely be choten. It it made up of the members of the cognizanr subcommittees - that's the usual procedure for conference appoint ment. 3. Pointt Of Interest As the bills stand now and on the assumption that H.R. 8920 pastes the House without amendment, the points of most concern are as follows: 0007-SWP-036794 N22842 RESEARCH -2 - S. 607 Requires rcscarci ov HEW to dcrermine sore leao level ana report to Congress of results and recommendations by Oct. 1, 1973. H.R. 3920 Some research program put reoort "o Congress not due until December 3i, 1974, LEAD STANOARD Prior to Dec. 31, 1973 -0.3%. After Dee. 31, 1973 - 0.06%, except that if prior to then, the HFVv research shows that another level foot to exceed 0.3% i is safe, rhen such other level goas into effect efrer Dec. 31, 1973. 0.3% PREEMPTION No provision Would preempt any State or local laws which contain a requirement, prohibition or standard relating tp lead content which differs from this law. 4. Action Recommended The House bill, H.R. 8920, in its present form contains all the provisions on the Points OF Interest we have sought for many, many months ond should have our enthu siastic support. o. NOW! Commumcare with your member of the House of Representatives " expressing support for House passage of H.R. 8920 in its present form, (NPCA will advise you of the House action.) b. After Passage by The House (assuming the bill is still intact). " Communicate with your legislators. House and Senate, appearing on the Proboole Conferees list. The objective of your communi cation should be to have the Senate conferees accept the House previsions on the throe Paints Of Interest ond to urge the House conferees' to srand firm on those provisions. 5. Approach - Some Thoughts The NPCA Position Paper, "The Lead-in-Point Issues^forwarded earlier, contains our position ond rational*. Soma basic points that should bo emphasized: a. The exisrlng, identified problem is the eld paint on tha walls of " deteriorating housing. 0007-SWP-036795 0007-SWP-0001181 s. Far moetrn poinn. aur oos.'f'on na aiwov* been --ar we won* --e proowert or our inout'rv re be toft today and in *n* future o~c we will aceeor qr.a comply with whatever lead canrenr tranoerd it determined by touna, scientific .'sito-ch to be necessary from"e sarery irqnopoinr, c. The current absence of research is being filled naw by the several " ongoing reseorcn programs - HEW, NI.Y. City, ond lndust*y sponsored. d. FDA did npt confirm rne 0.06% standard because of conflicting viewpoints on this and absence of empirical research data. a. The National Academy of Sciences at the request of FDA is eurrenrly eva/uaring ell information ro determine if there is ony need to go below 0.5% . Two meanings have been held and a third scheduled for next month, f. There ore differences of opinion os to what final standard is neces~ sary, even within agencies of the Government, We consider the statement of FDA quored in the Position Paper to be particularly significonr on rhispoin*. !i soy:. In pat, "... we a*e unable to produce epidemiological evidence of lead poisoning even at 1% in dried point films ar documentary scientific evidence to support a finding that this level is enough to result in overt lymprams of lead poisoning.'* Again the need for the results of ihe research before legislating an arbitrary standard is clear. (The research report aote or Deaemocr 31, 1974 in `n House bin was adopted orrr Congress man Barrett, Chairman or the incusing Subcommittee, cnecked with HEW during rhe Subcommittee'; "mork up" sessions to determine a realistic dare. Therefo-e, ony rime requirement ieu than this, i.e., the Senare date or Octoeer 1, 1773, is unrealistic. g. The Federal preemption provision is highly controversial. We have ~ urged it to avoid the severe ouroens on commerce which result from differing State ond local standards. The research will provide the answer as to what is safe and this should be ooapred nerianwidd. Preemption will net strike down a whole group of lows os, to our knowledge, only Chicago has in effect a standard below 0.5%. No State has a lower standard currently in effect - only Kentucky has adopted ot 0.06% stanaard and this does not go into effect until next year. Preemption is not new and novel. Federal preemption clause* in varying degrees of scope have bean incorporated in numero 0007-SWP-036796 0007-SWP-0001181 -4 Federal statutes, some of w'nicn or*: federal Hczardoul Substances Act; Poilon Prevention Packaging Act; Fair Pockaging and Labeling Act; Radiation Control for Healm and Safety Act; Public Health Cigarette Smoking Act or 1969; Federal Environmental Petrieide Control Act of 1972; and Consumer Product Safety Act. 6. Fine! Thought The end to rhitiiruggl* ii now in sight. NPCA is doing all It eon to bring about a favorable result. Your activa "grass roars" participation is still one of the most effective ways to get the massage across. Pleas* lnd your support. W* will keep you posrad of all developments. Robert A. Roland Executive Vice President RAR/se 0007-SWP-036797 0007-SWP-00011811 PROBABLE c o n f es s es (All telephone number* ore erto code (202), plus 225, plus extension shown. SENATE A Ion Cranston (D.) Pa fa r H. Dominick (R.) Horold E. Hughes (D.) J. Glann Boell, Jr, (R.) EdwordM. Kennedy (D.) WoIter Mendole (D.) Thomas F Eagleton (D.) Harrison A. Williams (D.) Phone Collfornio HOUSE 3553 Richard T. Honno {D. 24th) John H. Ro d im lor (R. 24rh) Colorado 5852 Georgia Ban 3, Bloekburn (R. 4th) Robert G. Stephana, Jr, (D. lOthl lewo 3744 Maryland 4524 Massachusetts 4543 Mi. Morgorat M. Hacklr (R. 10th) Michigan Gerry Brawn (R. 3rd) Minnesota 5641 Miitauri 5721 Mn. Leaner K. Sullivan (D. 3rd) New Jersey 4744 William B. Widnoll (R. 7th) o^a-a 2965 4206 <222 4101 4335 5011 2571 4455 0007-SWP--D3679B SENATE Jacob K. Jovint iR.) Robert- Toft, Jr. (R.) Richard S. Schweiker (R.) Claiborne Pell (D.) GaylordA. Nelion (0.) P^one New York 6542 HOUSE Ohio 2315 Thomai L. Ashley (D. 9th) J. William Stanton (R. 11th) Pennsylvania 4254 William A. Barrett (D. 1st) Williom S. Moorhead (D.14th) Rhode bland 4642 Fernand St. Germain (D. 1st) Tenet Henry B. Gonzales (D. 20th) Wisconsin 5323 Henry S. Reuts (D. 5th) (Telegram and letters can be addreiied: SENATE Honorable U. 5. Senate Washington, D. C. 20510 HOUSE Honorable House of Representatives Washington, 0. C. 20515 9"ene 4146 5306 4731 2301 49TI 3236 3571 ) 0007-SUP--036799