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OFFICERS PltBS 1 DENT -- EDWARD A. FDY, CINCINNATI VICE PRESIDENT -- B. A: MALM, DEB PLAINES EXECUTIVE VICE PRESIDENTROBERT A. ROLAND, WASHINGTON TREASURER --:. , RALPH J. BAUDHU1N, ROCKFORD SECRETARY ALLAN W. GATES, WASHINGTON FIELDSECRETARY -- JAMES N. ELLIOTT, WASHINGTON TO ALL MEMBERS: N 1BOO RHODE ISLAND AYE., N.W., WASHINGTON. D. C. 20005 PHONE: 202-462-6272 REGIONAL VICE PRESIDENTS November. 27/ 1970 NEW ENGLAND -- C. FRANCIS LOUTREL, BOSTON EASTERN - WILLIAM MAC KNIGHT, PHILADELPHIA EAST CENTRAL -- ROBERT W. LAND WESTr CENTRAL- 1h . cMy , ATLANTA IH , HOOLUSTON IOW FOSTER, SEATTLE t&v A situation of potentially disastrous consequence for the paint industry is developing around proposed legislation dealing with the elimination of lead-based paints. Your immediate action is needed in support of the proposals contained in this memorandum. I am enclosing for your information and use the following: a) Copy of our most recent statement before the Senate Subcommittee on Health of the Senate Labor and Public Welfare Committee b) Copy of the pertinent legislation -- Senate Bill ($. 3216) and House Bill (H. R. 19172) c) A suggested letter for you to send to the members of the Senate Committee on Labor and Public Welfare and/or your Senators and Congressmen d) A suggested telegram to be used in lieu of (c) if you prefer. I cannot stress too strongly the need for your action and personal assistance through Congressional associations you might have at this. time. The situation is this-- The Lead-based Paint Elimination Act of 1970 (H.R. 19172), introduced by Rep. Barrett of Philadelphia, Pennsylvania has passed the House and is now before the Senate Labor and Public Welfare Subcommittee on Health. The Lead Paint Poisoning Prevention Act (S.32I6), sponsored by Senator Kennedy of Massachusetts, is also before this Subcommittee for con sideration. As you will find in our enclosed testimony, these proposals are generally acceptable to the Association and bur industry except for the fact that, as presently writ ten, the Barrett Bill applies to "any building or structure". We have submitted suggested amendments to this which would limit its application only to exposed interior surfaces, thus preserving the essential use of lead-bearing paints for exterior applications such as maintenance coatings on structural steel and other critical corrosion control uses. By definition, the proposed legislation would preserve the 1% lead as metal in total non volatile which has been accepted by industry since the promulgation of ASA (now ANSI) Standard Z66.I. ^ ... N11686 The crux of our immediate concern is an indication by staff members of the Committee that a new proposal may be drafted in Committee, incorporating the essential provisions of the Kennedy and Barrett Bills but adding language which would extend coverage to exterior trade sales products used on or around residential dwellings. It is this anticipated action which must be discouraged at all cost. As you know, the basic problem concerning lead poisoning from paints deals with old paint applied 20 or 30 years ago and now found chiefly in poorly-maintained or substandard dwellings in our major urban centers. Legislation, which addresses itself to future painting or modern-day products, com pletely misses the target and simply places a burden on industry without meeting the heeds of the Public Health and Housing Officials. We request you to do the following: 1) If you are personally acquainted with a member of the Senate Committee on Labor and Public WeIfare (Roster enclosed), personally call or write that Senator as soon as possible in accordance with our suggested letter. 2) If you have personal relations with any Representative or Senator, communicate with him at once along the same lines, requesting that any legislation brought to the floor of Congress not include a general prohibition of lead-bearing paints for exterior ap plication. Exterior products containing more than 1% lead now are labeled by industry to prevent their use on interior surfaces. (The suggested letter and telegram should be paraphrased in your own style to avoid the obvious stereotyped letter campaign appear ance. ) If you have any questions at all on this subject, please contact John Montgomery, Roy Brown or myself at Association headquarters. I also request that you provide a copy of your correspondence to us for our files. Only a concerted and immediate response from industry will produce the necessary results, DO IT NOW. With kind regards. RAR/eg enclosures . P. S. Even if you are a Chemical Coatings Manufacturer, your support and action on this matter is encouraged. STATEMENT . OF .. JOHN M. MONTGOMERY COUNSEL NATIONAL PAINT, VARNISH AND LACQUER ASSOCIATION BEFORE THE SUBCOMMITTEE ON HEALTH OF THE SENATE LABOR AND PUBLIC WELFARE COMMITTEE ; ON " LEAD PAINT POISONING PREVENTION ACT (S. 3216) AND LEAD-BASED PAINT ELIMINATION ACT OF 1970 (H.R. 19172) NOVEMBER 23, 1970 N11686.01 EF'I 000589 rtWipfi aiiliiw rrfihrr i^-; On behalf of the National Paint, Varnish and Lacquer Association and its more than onethousand members throughout the country, I appreciate this opportunity to submit a statement to the Senate Labor and Public Welfare Subcommittee on Health, in connection with the two legis lative proposals (S. 3216 and H,R. 19172), which you are considering today. The National Paint, Varnish and Lacquer Association is a trade association representing the manufacturers of more than ninety (90) percent of the dollar volume of paints, varnishes, lacquers and allied products produced in the United States. In addition, the National Paint, Varnish and Lacquer Association is a spokesman for the major suppliers of raw materials from which the industry's products are made . At the outset, it should be made clear that the National Paint, Varnish and Lacquer Associa tion strongly supports the progressive legislative proposals of Senator Kennedy, Representative Barrett, and some forty-five other sponsors in both the Senate and House of Representatives for Federal financial assistance td States and their subdivisions for projects involving the detection and treatment of lead poisoning in children and for the rehabilitation of areas found to be seriously contaminated by old lead-based paints. We deem such Federal assistance to be vital -- to assist the several States and major cities which have been applying their limited resources to the lead-paint problem in varying degrees for a number of years and to permit the establishment of additional programs wherever needed. As I will discuss in more detail later, the National Paint, Varnish and Lacquer Association and its members throughout the country for many, years have maintained liaison with public health officials and other authorities in various States and local jurisdictions to provide technical data, participate in the development and promotion of educational programs and assist in any way possible in the growing i Page 2. effort to reduce and eliminate the incidence of lead poisoning in children. Currently, as least five States and ten major cities, including the District of Columbia, have laws, regulations or ordinances concerning the sale and use of lead-bearing paints. Today, two separate bills are being reviewed by your Subcommittee, but the objectives of each bill are essentially the same, I would like to emphasize that the industry I represent endorses these basic objectives, and this view has been so stated on numerous prior occasions. However, certain language that was added to H.R. 19172-- after public hearings by the House Banking and Currency Subcommittee on Housing on the predecessor bill (H.R. 17260) -- constrains us to present additional facts relevant to your review of this legislation and to attempt to clarify certain erroneous matters and possible misconceptions on the subject which may exist. THE PROBLEM Itishould be made clear at this juncture that the problem of lead poisoning being considered by the Committee at this time is caused by children ingesting flakes or chips of old lead-based paint, which still exists on poorly-maintained walls and ceilings, particularly in the slum neighbor hoods. Both S- 3216 and H. R. 19172 deal directly with this problem, i.e. , the development and implementation of programs to defect and treat the cases of lead poisoning which result from the flaking chips of old paint and crumbling plaster from the interior surfaces of dilapidated residential housing built prior to World War II. In addition, and of equal importance, these bills would pro vide Federal financial assistance in developing and carrying out programs for the prompt elimination of lead-based paints from the interior surfaces of this old residential housing. Page 3. It is true that, prior to World War II, many structures were painted with paints which con tained large amounts of basic carbonate or sulfate of lead (white lead). This type of paint has not been used on interior surfaces for more than thirty (30}years. However, even though subsequent coats of paint on the interior surfaces were non-toxic, the paint chips or plaster from these deteri^ orating surfaces do contain some of the original toxic lead paint. This situation is most prevalent in slum housing where painting maintenance is minimal or even non-existent. In such instances, children up to five years of age are known to eat these chips of old paint or crumbling plaster. This is recognized now as the principal cause of childhood lead poisoning. Seventy to ninety percent of children so poisoned have been found to have a history of "pica" -a disorder stemming from a compulsion to eat non-food materials such as dirt, wood, paint chips and plaster. Such children generally are found living in old pre-World War II housing and are especially susceptible to lead poisoning, for the many coats of paint on the walls and woodwork frequently con tain significant amounts of the old toxic paints containing white lead pigments. This Statement does not presume to discuss the medical aspects of lead poisoning for several medical witnesses at earlier hearing on this subject and before this Subcommittee have covered this matter accurately and in detail. The National Paint, Varnish and Lacquer Association endorses the work of these groups and, particularly, the dedicated efforts of public health officials and the many volunteers who have worked tirelessly and with very limited resources to find solutions to the problems. TOXIC LEAD-BASED PAINTS NO LONGER USED ON INTERIOR SURFACES As stated before, the paint industry ceased using white lead as a basic ingredient of interior paints more than 30 years ago when other white pigments were developed. There is no longer any purpose in using white lead pigments in paints intended for interior use since better white lead-free Ef'I 000592 Page 4. pigments for this purpose now are available at lower cost. When the industry voluntarily stopped making products for interior use with white lead pigments, interior paints ceased to be a major cause of lead poisoning in properly-maintained dwellings; and, today, modern interior paints are safe coatings. Some lead-bearing coatings still are used today -- in structural steel primers, where they have unique value as rust-inhibiting agents, and in other exterior coatings for special uses. It is our hope that these proper uses of certain products of our industry will not be denied to the construction in dustry and to the public by overly-restrictive language, such as now exists in H.R. 19172, and which fails to differentiate between those structures on which lead-bearing paints are useful today and the exposed interior surfaces which are, in fact, the ones requiring attention now and in the future. LABELING OF CONTAINERS At this point, it should be noted that those lead-bearing coatings still being used today to pro vide corrosion protection on steel surfaces and in other exterior coatings for special uses (as mentioned earlieijare labeled to caution against their use on toys, furniture, window sills or interior surfaces of rooms which may be used by children, even though not required under the Federal Hazardous Substances Act, which was developed by joint effort of government and industry representatives to provide pro tection for consumers by ensuring that adequate warnings as to toxic and other hazards would be placed on containers manufactured and sold for household use. However, even prior to the enactment of the Federal Hazardous Substances (Labeling) Act in I960, the paint industry had anticipated the need for warnings on hazardous products, and had been using such labeling -- voluntarily and without requirement of law -- for about ten years. To facilitate compliance with the letter and intent of this Act, a series of labels were prepared by the National Paint, Varnish and Lacquer Association. After review and approval by the Food and Drug Administration 000593 Page 5. (the agency having statutory responsibility under the Act), the labels were recommended for use by the industry. These labels were found to be so complete and effective that FDA has used them extensively for training inspectors and as guidelines for enforcement of the law. Today, with ef fective administration of this Act by FDA and, with industry cooperation, detailed, proper and adequate labeling for products manufactured and sold for household use has become a way of life in this country. The National Paint, Varnish and Lacquer Association also has published a 634-page labeling guide for the industry. In addition to all the recommended labels, this book compiled pertinent laws and regulations affecting the paint industry. The original list of labels was extended |n 1964 to include labels recommended for use with industrial products not covered by the Federal Hazardous Substances Act. These have served as a most satisfactory guide for the industry since that date and have enabled paint and coatings manufacturers to label and sell their products with due regard to the safety of users, whether br not required to be labeled by law. The Food and Drug Administration, other government agencies having related responsibilities, industry officials and cognizant Congressional committees continually review the prescribed labels, * in consonance with technological advances and human experience, to ensure that they continue to provide the requisite caution or warning for household products. At the present time, the Labeling Committee of the National Paint, Varnish and Lacquer Association has an ad hoc group reviewing all current industry labels in order to update and improve these labels, and, particularly, to strengthen the caution statement relating to the use of lead^ bearing paints. EPI 000594 ' , i / Page 6NATIONAL STANDARD DEVELOPED IN 1955 Another related but separate problem on this subject -- discussed briefly during examination of witnesses testifying on H.R. 17260 before the House Banking and Currency Subcommittee on Housing '- * has to do with the amount of lead pigment or lead additives which should be used in modern interior paints today. In this regard, the paint industry has operated since 1955 under a national standard which contains specifications to minimize hazards to children from residual surface coating materials. This voluntary standard (ASA Standard Z66.1) was developed in 1955 -- under the sponsorship of the American Academy of Pediatrics -- to deal with the toxicity hazards which may be encountered through the ingestion of dried coatings on articles or surfaces accessible to children. The standard was reviewed and approved by the American Standards Association (ASA) Sectional Committee on Prevention or Control of Hazards!to Children. This ASA Sectional Committee was comprised of about 24 representatives of industry, government agencies and medical groups, all prominent leaders in their resfrective fields. The standard was revised,with minor changes, and re-issued in 1964. In 1966 the ASA was reconstituted as the United States of America Standards Institute (USASI). The name of the organization was changed again in 1969, at which time it became known as the American National Standards Institute. This voluntary standard (now referred to as an "ANSI " Standard) prescribes specifications for paint to assure safety from toxic hazards to children with respect to coatings on articles or surfaces accessible to children. This standard has been followed by the industry since its establishment in 1955, and has served since that time as a pattern for most statutes, regulations and ordinances deal ing with this subject. EPi 000595 ANSI Standard Z66.1 - 1964 states, in pertinent part, as follows: "A liquid coating material to be deemed suitable, from a health standpoint, for use on articles such as furniture, toys, etc., or for inferior use in dwell ing units where the dry film might be ingested by children: ( I) Shall not contain lead compounds of which the lead content (calculated as Pb) is in excess of one percent of the total weight of the contained solids (including pigments, film solids/and driers);" Although several states and local jurisdictions had adopted the prescribed levels contained in the voluntary standard, the bill introduced earlier this year by Senator Schweiker (S. 3941) was the first legislative proposal at the federal level dealing with the subject. S. 3941 provided for the ad option of the allowable lead content level specified in Z66.1 - 1964; and, in addition, If provided for the assessment of civil penalties for violation thereof as well as for the failure of the landlord or owner of the property to take stpes within a prescribed period to remove paint from the inferior sur faces of dwellings when found to contain lead in excess of the prescribed limit. Certain provisions of Senator Schweiker's bill (S. 3941) were incorporated in S. 4368 (the Hous and Urban Development Act of 1970), which was approved by the Senate on September 23, 1970. With only minor comment as to the definition of the term "lead-based paint " therein, the National Paint, Varnish and Lacquer Association supports fully these provisions (Section 1004) of S. 4368, including the proposal added to provide for a study regarding the health hazards of paints containing lead chromate or molybdate pigments as coloration. However, our principal concern is that the most important provision of Senator Schweiker's bill, that relating to the elimination of old lead-based paint, was not included in Section 1004. . ELIMINATION OF THE HAZARD Once again, the matter of principal concern to this Subcommittee at this time is the removal or elimination of the old lead-based paint from the dilapidated pre-World War II housing. And, we repeat that we consider Federal financial assistance to be vital, for the problem today is of such EFI 000596 _ ' Pogg 8- magnitude that most States and local jurisdictions do not have sufficient resources to do the job alone. Unless some financial assistance is provided, many landlords simply will abandon their property, thereby further contributing to the existing housing crisis among low-in come families. No inexpensive method yet has been developed for removing old paint from walls. Remov ing the old paint by burning or by steam cleaning at best is marginal, and, even with such relatively simple procedures, is quite expensive in view of the high labor costs. Furthermore, many of the walls in this old housing are not structurally sound enough to permit a paint-removal operation. At the present time, the simplest and mast direct approach seems to be a complete resurfacing through either fiberglass bonding or drywall and subsequent repainting with modern interior paints. DETECTION OF LEAP ON INTERIOR SURFACES Of equal, perhaps even greater, importance is the development of testing programs and equipment to detect the presence of lead-bearing paints on the interior surfaces of the residential housing. Chemical analysis of samples taken from these surfaces is possible but may be too slow to be practical . Also, the large and expensive test equipment now available or under development may not be practical due to its bulk and delicate handling requirements. Urgently needed was a small portable instrument that could be moved easily from room to room and from building to building to indicate on the spot the presence of lead. The National Paint, Varnish and Lacquer Association, working with the Atomic Energy Commission and instrument manu facturers, has succeeded in developing such equipment. Another value of a program of this type is the community-re I at ions aspect wherein the residents may observe and understand that something is being done by their local government for their safety and health. EPI 00059? Page 9. SUMMARY The principal cause of lead poisoning in children result's from the ingestion of chips of paint or crumbling plaster from the deteriorating surfaces of interior walls and ceilings on which leadbased paints were used more than 30 years ago. The rehabilitation of this substandard housing to remove or eliminate the hazard of the old lead-based paint requires priority attention in order to prevent further lead poisoning. Federal financial assistance, as proposed by the two bills before your Subcommittee (S. 3216 and H. R, 19172), would permit the development of effective programs to eliminate the causes of lead-based paint poisoning. In addition, funding of research projects would accelerate current programs to develop means for testing interior surfaces of substandard housing for the presence of lead, and would determine optimum measures for rehabilitating these dilapidated structures. The National Paint, Varnish and Lacquer Association has given priority attention to these matters, and will continue to work closely with public health officials and other representatives of government agencies -- at the Federal, State and local levels -- to assist in solving the problems related to lead poisoning at the earliest possible time. Modern interior paints do not contain white lead pigments and are safe coatings. Exterior paints -- in which lead pigments are used today for corrosion protection of steel and for other special purposes -- are voluntarily labeled to caution against use on toys, furniture, window sills or interior surfaces of rooms which may be used by children. EPI 0005 ACTION REQUESTED Again, i want- to stress that the National Paint, Varnish and Lacquer Association and its members throughout the country support fully the objectives of the legislative proposals (S. 3216 and H.R. 19172) before the Subcommittee on Health of the Senate Labor and Public Welfare Com mittee. However, in order to ensure that qn effective law responsive to the pibiic need is enacted, it is requested that both bills be modified, as necessary, so that the language therein cannot be misinterpreted to prohibit the proper use of lead-bearing paints and coatings where they have unique value as rust-inhibiting agents on steel surfaces and for special uses on other exterior surfaces In accomplishing the above and in Identifying the specific structures to which the "lead-based paint elimination problem1'should be addressed today and in the future (the exposed interior surfaces of existing residential housing units), it is further requested that H.R. 19172 be amended so that the prohibition addressed in Section 4 thereof shall apply only to dwellings to which the provisions of title VIII of the Act of April II, 1968 (Public Law 90-284), relating to fair housing, are applicable on or after January I, 1969. This will provide for more effective enforcement and for uniformity with other proposed federal legislation on the subject. To assist in obtaining the above-requested amendments, deemed most important to our industry, the National Paint, Varnish and Lacquer Association has provided copies of S. 3216 and H.R. 19172 to your Subcommittee staff, outlining the requested changes. We urge you to give these proposed amendments your serious consideration. EF'I 000599 Dlsx CONGUESS 1s t Se s s io n S. 3216 JN-TTLELi?ENATE OP THE UNITED STATES j hXT.MISEI! 5,1961) Mr. Kk x x k d y (for hiin^elf, Mr. Ax mc k k o x , Mr. Pr o o k k , Mr. Cas k , MivDonh; Mr. EAoMrrox^^MT. Go o in c m., Mr, OiiAVKh, Mr. Har t . Mr. Ix o iy k . Mr. Ja v it Sj Mj v ^U'Ca r t j iy , Mr. Ma x k it i-;u >, Mr. Mo x aj .k , Mr. Moss, Mr. "ifESsoKTMr. Pk m., Mr. Ty d ix u s , Mr. Yar bo r o u g h , and Mr. Yo u x g of Ohio) introduced the following bill; which was read twice and referred to the Connniltee on Lnlx>r and Public Welfare TV encourage cities and communities to develop intensive local programs to eliminate the health hazards of lead-based paint poisoning. 1 Be it enacted by the Senate and House of Reprcscnta2 tives of the United States of America in Congress assembled, 3 That this Act may he cited as the "Lead Paint Poisoning 4 . Prevention Act". N11686.02 EF'I 090600 2 ! TITLE I--(i ll A XT TOR TnE DETECTION AND 2 TBEATAIEXT OE LEAD-BASED PAT XT POI- 3 BOXING 4 CHANTS FOR' LOCAL DETECTION AND TREATMENT OF 5 LEAD-UASED PAINT POISONING 6 Sec . 101. (a) The Secretary of Health, Education, ami 7 Welfare (hereafter referred to in this title as the "Socre- 8 tary") is authorized to make grants to units of general local 9 .'government in any State for the purpose of assisting such 10 units in developing and carrying out local programs to detect 11 mid treat incidents of lead-based paint: poisoning. 12 (h) The amount of any such grant shall not. exceed 75 13 per centum of the cost of developing and eanying out a local 14 program, as approved by the Secretary,, during a period of 15 three years. W 16 (c) A local program should include-- 17 (1) educational programs intended to communicate 18 the health danger and prevalence of lead-based paint 19 poisoning among children of inner city areas, to parents, 20 educators, and local health officials ; 21 (2) development and carrying out of intensive eom- 22 mnnity testing programs designed to detect incidents of 23 leafi-based paint poisoning among community residents, 24 and to insure prompt medical treatment for such afflicted 25 individuals; EPI 000602 3 1 (3) development and cariying out of inlensivo 2 followup programs to insure 'tliat' identified oases of 3 load-based paint poisoning are protected against further 4 exposure to lead-based paints intheir livingenviron5 ment; and 6 (4) aiy other actions which will reduce or chiiii7 nate leadj-hascd paint poisoning. 8 (d) Each local program shall afford, .opportunities for 9 employing the residents of ..communities- or neighborhoods 10 affected by lead-based paint poisoning, and for providing 11 appropriate-training,, education, and any information which 12 may be necessaiy to inform such residents of opportunities 13 for employment''in; lead-based paint poisoning elimination 14= programs. 15 TITLE II-GEANTS EOE Tills ELIMINATION OF 16 LEAD-BASED PAINT POISONING 17 Sec . 201. The Secretary of Health, Education, and 1 Welfare is authorized to make grants to units of general local 19 government in any State for the purpose of assisting such 36 units in developing and carrying out programs that identify 31 those areas that present a high risk to the health of residents 33 because of the presence of lead-based paints on interior sur33 faces, and then to develop and carry out programs to elimi 24 nate the hazards of lead-based paint poisoning, EPI 000602 (it) A local program should include: (1) development and carrying out of conipivhon- sive testing programs to detect the presence of lead- based paints in interior surfaces of residential housing; (2) tlic development and carrying out of a compre hensive -program requiring the prompt elimination of / Cx.f s * d __ .lead-based paints from nll/phymonl Htruclnrosoc interior dg yum tdk^'i -c^xa surfaccs/W which lead-based paints have been used as a surface covering, including those structures or- interior surfaces on which non-lead-bascd paints 'have been used to cover surfaces to which lead-based paints were previously applied; and (3) any other actions which will reduce or eliminate' lead-based paint poisoning. (d) Each such program shall-- (1) be consistent with workable programs for com munity improvement referred to in section 3, and (2) afford, to the maximum extent feasible, oppor tunities for employing the residents of communities or neighborhoods affected by lead-based paint poisoning, and for providing appropriate training, education, and any information which may be necessary to inform such residents of opportunities for employment in lead-based paint elimination programs. EF'I 000603 1 TITLE III--GENERAL 2 DEEINITXOXS 3 Siic. .301. As used in this Act-- 4 (1) the term "State" moans the several States, the 5 District of Columbia, the Commonwealth of Puerto Bico, 6 and the territories and possesions of the United States; 7 and 8 (2) the term "units of general local government" 9 means (A) any city, oounty,.'townships-town, borough, 10 pansh, village, or other general purpose political sub 11 division of a State, (B) and combination of units of 12 general local government .hr one or more States, (C) an 13 Indian tribe, or (D) with respect to load-based paint 14 .poisoning .'elimination activities in their urban areas, 15 the territories and possessions of the United States. 1G CONSULTATION WITH OTIIEll DEPARTMENTS AND 17 AGENCIES :is Sec . 302. In carrying out the authority under this Act, 19 the Secretary of Health, Education, and Welfare shall co 20 operate with and seek the advice of the heads of any other .21 departments or agencies regarding any programs under their oo respective responsibilities which arc related to, or would be 23 affected by, such authority.  '6 1 APPROPRIATIONS 2 Sec . 303. (a) There is hereby authorized to be appro- < 3 printed to carry out the provisions of title I of this Act not 4 to exceed $7,500,000 for the fiscal year 1970 and for each 5 of the two succeeding fiscal years. 6 (b) There is hereby authorized to be appropriated to 7 carry out the provisions of title II of this Act not to exceed 8 $13,500,000 for the fiscal year 1970 and for each of-the 9 two succeeding fiscal years. 10 (c) Any amounts appropriated under this section shall 11 remain available until expended when so provided in ap12 propriation Acts; and any amounts authorized for the fiscal 13 year 1970 but not appropriated may be appropriated for ' i' 14 tlic fiscal year 1971. Any amounts authorized for the fiscal 15 years 1970 and 1971 but not appropriated may be appro16 priated for the fiscal year 1972. Jfciilit CijIIUlitiriOG prOglaiuo, / w fe. I o* tBa a o M113 1S 8ft f3t. 5fttt 01 f>8 633 3 o0 1 s3 gfSt7-* gw2Jit?1.* ft fOt S' ct > oSrrq3j N ^^ 353 O 2s: S' 2f`g' 0 i--* *S0 Ps3-si (Lf, -Ptgn O*-* (L o 5O rt>. ,,>& *'30-* l.f I Iff > CD (-J >0M3> Ot^o S5m xoaaMM C . O CO ro O* EF'I 000606 91s t CONGRESS 2d Se s s io n fc. 19172 IN THE SENATE OF THE UNITED STATES Oc t o ber 6 (legislative day, Oc t o ber 5), 1970 Read twice and referred to the Committee on Labor and Public-Welfare il To provide Federal financial assistance to help Ciiios and epin- munitics to develop and carry o;n intensive local programs', to 'eliminate the causes of lead-based paint poisoning and local programs to detect and treat incidents of such poisoning, to establish a Federal demonstration and research program to study the extent of the lead-based paint poisoning problem > and the methods available for lead-based paint removal, and to prohibit future use of lead-based paint in Federal or fed erally assisted construction or rehabilitation. 1 Be it enacted by the Senate and Htuse of Represcnta2 lives of the United States of America in Congress assembled, 3 SHORT TITLE 4 Se c t io n 1. This Act may be cited as the "Lead-Based 5 Paint. Elimination Act of 1970". v. n .' VP686. 2 1 GRANTS FOR LOCAL ELIMINATION OF LEAD-EASED FAINT 2 Siso. 2. (a) The Secretary oi' Housing and Urban De3 velopiueut is authorized to make grants to units of general 4 local government in any State for the purpose of assisting 5 such units in developing and carrying out local lead-based (j paint elimination programs. 7 (b) The amount of any such grant shall not exceed 75 8 per centum of the cost of developing and carrying out a 9 local program, as approved by the Secretary, during a period IQ of three years. 11 (c) A local program should include-- 12 (1) the development and carrying out of compre i:.i hensive testing programs to detect the presence of lead14 based paints in interior surfaces of residential housing; 15 (2) the development and carrying out of a com 16 prehensive program requiring that owners or landlords 17 of residential housing units promptly eliminate lead-based 18 paints from all physical structures or interior surfaces 19 on which lead-based paints have been used as a surface 20 covering, including those structures or interior surfaces 21 on which non-lead-based paints have been used to cover 22 surfaces to which lead-based paints were previously 23 applied; and 24 (3) any other actions which will reduce or elimi 25 nate lead-based paint poisoning. 26 (d) Each such program shall afford, to the maximum 3 1 extent frasihle, opportunities for employing the residents of 2 conmumities or neighborhoods affected by lead-based paint 3 poisoning, and for providing appropriate training and cduca4 tion and any information which may be necessary to inform 5 such residents of opportunities'for employment in lead-based 6 paint elimination programs. 7 FEDERAL DEMONSTRATION AND RESEARCH PROGRAM 8 Se c . 3. The Secretary of Housing 'and.. Urban' Devel9 opment, in consultation with the Secretary of Health., 10 Education, and Welfare, shall develop and carry out a dent il onstration and research program to determine the nature and 12 extent of the problem of lead-based paint poisoning in the 33 United States, particularly in urban areas, and the methods 14 by which lead-based paint can most effectively be removed 15 from existing buildings, structures, and surfaces.Within one 16 year after the date of the enactment of this Act the Secre17 tary shall submit to the Congress a full-and complete report 18 of his findings and recommendations as developed pursuant 19 to such program, together with a statement of any legislation 20 which should be enacted, and any changes in existing 21 law which should he made, in order to carry out such 22 recommendations. 23 PROHIBITION AGAINST USE OF LEAD-BASED PAINT IN 24 FUTURE CONSTRUCTION AND REHABILITATION 25 Sec . 4. The Secretary of Housing and Urban Develop26 ment shall take such steps and impose such conditions as may EF'I 00060? 4 1 be necessary or appropriate to-prohibit the use of lead-based 2 paint in all future Federal construction and rehabilitation and 3 in the construction or rehabilitation, after the date of the 4 enactment of this Act, of any building or structure with 5 Federal assistance in any form. 6 GRANTS FOR LOCAL DETECTION AND TREATMENT OF 7 LEAD-BASED PAINT POISONING 8 Sec . 5. (a) The Secretary of Health, Education, and 9 Welfare is authorized to make grants to units of general 19 local government in any State for the purpose of assisting 11 such units in developing and carrying out local programs to 12 detect and treat incidents of lead-based paint poisoning. The 13 amount of any such grant shall not exceed 75 per centum of 11 the cost of developing and carrying out a local program for 1 the detection and treatment of lead-based paint poisoning, as 19 approved by the Secretary, during a period of two years. 17 (b) A local program for the detection and treatment of lead-based paint poisoning should include (1) educational 19 programs intended to communicate the health danger and 29 prevalence of lead-based paint poisoning among children of 21 inner city areas, to parents, educators, and local health 22 officials; (2) development and carrying out of intensive 23 community testing programs designed to detect incidents 21 of lead-based paint poigoning among community residents, 20 and to insure prompt medical treatment for such afflicted EF'i 000630 1 individuals; (3) development and carrying'out'of intensive 2 followup programs to insure that identified cases of lead3 based paint poisoning are protected against further exposure 4 to lead-based paints in their living environment; and (4) any 5 other actions which will reduce or eliminate lead-hased paint 6 poisoning. 7 (c) Each local program for the detection and treatment 3 of lead-based paint poisoning shall afford opportunities for 9 employing the residents of communities or neighborhoods lb affected by lead-based paint poisoning, and for providing 11'. appropriate training, education, and any information which 12 may be necessary to inform such residents of-opportunities. 3 3 for employment in local programs for the detection and treat11 ment of lead-based paint poisoning. 1 1 CONSULTATION WITH OTHER DEPARTMENTS AND : , AGENCIES 1^ Se c . 6. In carrying out his authority under this Act, 1^ the Secretary of Housing and Urban Development and the 19 Secretary of Health, Education, and Welfare shall cooperate 20 with and seek the advice of the heads of other departments 21 or agencies regarding any programs under their respective 22 responsibilities which are related to, or would be affected 2^ by, such authority. 24 ' . DEFINITIONS 25 Se c . 7. As used in this Act-- EF`I 000611 1 (1) the term ``State" means the several Si ales. 2 the District of Columbia, the Commonwealth of Puerto ... i 3 Rico, and the territories .and possessions of the United 4 States; 5 ('2) the term "unit of general local government" 6 means (A) any city, county, township, town, borough, 7 parish, village, or other general purpose polito-al .sub-- 8 division of a State, (B) any combination of units of 9 general local government in one or more States, (C) 10 an Indian tribe, and (D) with respect to lead-based 11 paint elimination, detection, and treatment activities in 12 their urban areas, the territories and possessions of flic United States; and . (3) the term"lead-based paint" means any paint containing basic white lead, leaded zinc oxide, red lead, litharge, lead acetate, and lead driers, singly or in com bination,'.in''excess 1 per centum lead as metal in total nonvolatile. -ly i APPROPRIATIONS s 20 Sec . 8. (a) There is hereby authorized to be appro- 21 priated to carry out this Act (except section 5) not to 22 exceed $'10,000,000 for the fiscal year 1971 and $10,000,- 23 000 for the fiscal year 1972. IN'ot less than 25 per centum 24 of the amount available to carry out this Act as provided 25 in the preceding sentence during each of such fiscal years 7 / f 1 shall be for the demonstration and research program under 2 section 3. 3 (b) There is hereby authorized to be appropriated to 4 carry out section 5 not to exceed $5,000,000 for the fiscal 5 year 1971 and $5,000,000 for fiscal year 1972. 6 (c) An;/ amount appropriated under this section shall 7 remain available until expended when so provided in appro- 8 priation Acts. Any amounts authorized for the fiscal year 1971 but not appropriated may be appropriated for the 10 fiscal year 1972. Passed the House of ^Representatives October 5, 1970. Attest: W. PAT JEHaSTINGS, Clerk. . .. - ': . : : . ' Ji:r' : ! : *i^: :' ; ... ; .CSK: OV m mH B 2 C5 " 5OQ5 Wpw A >> T5. fi O 3cti ao i .S " S es .** PP 5 3 ri a cd ^ > d .. _. 12 (3 -ftc ,o -3 2 111 13 GO cc "S 2 Cl u > If8 1 ^ ,cc rtf- .2 aO JS- _1,O .S'-' ft- c5 SC OX 2 CO V. o 'O e3 __ ^ *3 ri o gM . .2" 'O.. Cl, o "o -w 6" rtf 4- S '"dP. -2O' ,<v-*K:. c: ' ctSf i=JD O (h tfi rtf *3 a J3- *> . P 3 ' cS. *--I ci <H P< O *3 (0 :;P s.T * CO CO 55 ^ * 2.- '3 | r-1 s 3 *H *2 y> 8 4 Hfa rj- 'eo c 3 *feo .o E<: fi ,2 P ft- p 3 - otf 4^> Pt- x s ftj o s; * n. eS" ^ 0? fcO^- I iO G \ S' o. -3 --. c P * '* * --4 "P *S, Pop> 8-` ; g' 3 .O5 ;rt3 t-O -r- .fa> "2 H3 > *"3, S Q> 23 p cc ' ft*-- c6. Cufa O O H 5 o s 0 2q g g Ig o fi o 0> cs -m ^i0:) --CC *o* 3 fa 3o Pjri M b Ai2 J5 3 B d <c> a. C3 . U G> H% O *fa P.-O. C3 tt pj OOOfei^ t | IIIHMORBlr' (Suggested Letter) Dear Congressman (or Senator) : The Senate Labor and Public Welfare Committee is now considering several legislative proposals dealing with the problem of eliminating the hazard of lead poisoning related to the oroducts of our industry. Years ago, the paint industry made products containing quantities of lead pigments and compounds which,if ingested, especially by children, could produce lead Doisoning with its attendant hazardous effects. These products have not been manu factured or sold by our industry for use on interior surfaces for more than 30 years due to the advent of safer, more economical, non-toxic pigments and ingredients. The problem stems from the fact that many layers of the older-type paints are found in substandard, poorly-maintained urban dwellings, which children have access to when the interior condition is such that peeling and flaking occurs. The matter is further compounded by the high incidence of a condition known as "pica", a compulsion to eat non-food materials such as dirt, wood, paint chips and plaster, which occurs frequently among the children inhabiting these dwellings. Modern interior paints are safe to use . Any paint product con taining more than 1% lead is clearly labeled to prevent its use on interior surfaces of dwell ings inhabited by children , There are exterior paint products containing lead which are essential for the maintenance and oreservation of residential as well as commercial structures. These products are similarly labeled and to restrict their use would be a serious detriment to the maintenance of property in this country. Our industry has long supported and provided leadership for action designed to eliminate the threat of lead poisoning to children. Such legislation, to be effective should be directed toward the basic problem; namely, the removal of old paint containing more than 1% lead from exposed interior surfaces of dwellings, especially those inhabited by children. To direct legislation N11686.04 (Suggested Letter) Page 2 ,, toward the elimination of modern-day paints on exterior surfaces completely ignores the nature of the problem while destroying a basic and essential product for property maintenance. Your understanding and support, if such legislation reaches the floor of Congress, is sincerely requested. If you have any questions on this subject, please feel free to write or call me or if more convenient, Mr. Robert A. Roland, Executive Vice President, National Paint, Varnish and Lacquer Association, Washington, D. C. Sincerely, SUGGESTED TELEGRAM Dear Senator or Congressman : Legislation before the Senate Committee on Labor and Public Welfare may soon reach the floor of Congress for act ion. H. R. 19172, Lead-Based Paint Elimination Act of 1970 and S. 3216, Lead Paint Poisoning Prevention Act, or amended versions thereof, a re presently being considered. We support the objectives of this legislation, however, we urge that if be restricted to the real cause of lead poisoning; namely, old paint containing more than 1% lead, generally found in poorly-maintained or substandard housing. Modern interior paints are safe and properly labeled. Exterior paints are properly labeled and not related to this problem. Restrictions on exterior paint products will seriously affect maintenance of dwellings and structures and in no way assist us in eliminating the basic problem. Request your consideration and support for proposals recognizing this distinction. N11686.05 SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE Democrats: Ralph W. YARBOROUGH Chairman Jennings RANDOLPH Harrison A. WILLIAMS, Jr. Claiborne PELL Edward M. KENNEDY Gaylord NELSON Walter F MONDALE Thomas F. EAGLETON Alan CRANSTON Harold E. HUGHES Republicans: Jacob K. JAVITS Winston L. PROUTY Peter H. DOMINICK George L. MURPHY Richard S. SCHWEIKER William B. SAX BE City and State Austin/ Texas Telephone: (Area Code - 202) 225-5922 Eki ns, West Virginia Westfield, New Jersey Newport, Rhode Island Boston, Massachusetts Madison, Wisconsin Minneapolis, Minnesota St. Louis, Missouri Los Angeles, California Ida Grove, Iowa 225-6472 225-4744 225-4642 225-4543 225-5323 225-5641 225-5721 225-3553 225-3744 New York, New York 225-6542 Newport, Vermont 225-2051 Englewood, Colorado 225-5852 Beverly Hills, California 225-3841 Worcester, Pennsylvania 225-4254 Mechanicsburg, Ohio 225-3353 * Indicates membership in Subcommittee on Health Address: Honorable United States Senate Washington, D.C. 20510 Dear Senator: N11686.06 EPI 000618