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S. 61 (is) To amend title XIX of the Social Security Act to provide for coverage of services provided by nursing school clinics under State medicaid programs, and for other purposes. [Introduced in Senate] ...


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                                                       Calendar No. 182

104th CONGRESS

  1st Session

                                 S. 619

                          [Report No. 104-136]

_______________________________________________________________________

                                 A BILL

   To phase out the use of mercury in batteries and provide for the 
    efficient and cost-effective collection and recycling or proper 
   disposal of used nickel cadmium batteries, small sealed lead-acid 
    batteries, and certain other batteries, and for other purposes.

_______________________________________________________________________

                            August 30, 1995

                        Reported with amendments





                                                       Calendar No. 182
104th CONGRESS
  1st Session
                                 S. 619

                          [Report No. 104-136]

   To phase out the use of mercury in batteries and provide for the 
    efficient and cost-effective collection and recycling or proper 
   disposal of used nickel cadmium batteries, small sealed lead-acid 
    batteries, and certain other batteries, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 24 (legislative day, March 23), 1995

 Mr. Smith (for himself, Mr. Lautenberg, Mr. Faircloth, Mr. McConnell, 
 Mr. Simon, Mr. Mack, Mr. Bond, Mr. Graham, Mr. Lieberman, Mr. Warner, 
  Mr. Reid, Mr. Inhofe, and Ms. Snowe) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                            August 30, 1995

   Reported under authority of the order of the Senate of August 11 
    (legislative day, July 10), 1995, by Mr. Chafee, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To phase out the use of mercury in batteries and provide for the 
    efficient and cost-effective collection and recycling or proper 
   disposal of used nickel cadmium batteries, small sealed lead-acid 
    batteries, and certain other batteries, 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 ``Mercury-Containing and Rechargeable 
Battery Management Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) it is in the public interest to--
                    (A) phase out the use of mercury in batteries and 
                provide for the efficient and cost-effective collection 
                and recycling or proper disposal of used nickel cadmium 
                batteries, small sealed lead-acid batteries, and other 
                regulated batteries; and
                    (B) educate the public concerning the collection, 
                recycling, and proper disposal of such batteries;
            (2) uniform national labeling requirements for regulated 
        batteries, rechargeable consumer products, and product 
        packaging will significantly benefit programs for regulated 
        battery collection and recycling or proper disposal; and
            (3) it is in the public interest to encourage persons who 
        use rechargeable batteries to participate in collection for 
        recycling of used nickel-cadmium, small sealed lead-acid, and 
        other regulated batteries.

SEC. 3. DEFINITIONS.

    <DELETED>In </DELETED>For purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Button cell.--The term ``button cell'' means a button- 
        or coin-shaped battery.
            (3) Easily removable.--The term ``easily removable'', with 
        respect to a battery, means detachable or removable at the end 
        of the life of the battery--
                    (A) from a consumer product by a consumer with the 
                use of common household tools; or
                    (B) by a retailer of replacements for a battery 
                used as the principal electrical power source for a 
                vehicle.
            (4) Mercuric-oxide battery.--The term ``mercuric-oxide 
        battery'' means a battery that uses a mercuric-oxide electrode.
            (5) Rechargeable battery.--The term ``rechargeable 
        battery''--
                    (A) means 1 or more voltaic or galvanic cells, 
                electrically connected to produce electric energy, that 
                is designed to be recharged for repeated uses; and
                    (B) includes any type of enclosed device or sealed 
                container consisting of 1 or more such cells, including 
                what is commonly called a battery pack (and in the case 
                of a battery pack, for the purposes of the requirements 
                of easy removability and labeling under section 103, 
                means the battery pack as a whole rather than each 
                component individually); but
                    (C) does not include--
                            (i) a lead-acid battery used to start an 
                        internal combustion engine or as the principal 
                        electrical power source for a vehicle, such as 
                        an automobile, a truck, construction equipment, 
                        a motorcycle, a garden tractor, a golf cart, a 
                        wheelchair, or a boat;
                            (ii) a lead-acid battery used for load 
                        leveling or for storage of electricity 
                        generated by an alternative energy source, such 
                        as a solar cell or wind-driven generator;
                            (iii) a battery used as a backup power 
                        source for memory or program instruction 
                        storage, timekeeping, or any similar purpose 
                        that requires uninterrupted electrical power in 
                        order to function if the primary energy supply 
                        fails or fluctuates momentarily; or
                            (iv) a rechargeable alkaline battery.
            (6) Rechargeable consumer product.--The term ``rechargeable 
        consumer product''--
                    (A) means a product that, when sold at retail, 
                includes a regulated battery as a primary energy 
                supply, and that is primarily intended for personal or 
                household use; but
                    (B) does not include a product that only uses a 
                battery solely as a source of backup power for memory 
                or program instruction storage, timekeeping, or any 
                similar purpose that requires uninterrupted electrical 
                power in order to function if the primary energy supply 
                fails or fluctuates momentarily.
            (7) Regulated battery.--The term ``regulated battery'' 
        means a rechargeable battery that--
                    (A) contains a cadmium or a lead electrode or any 
                combination of cadmium and lead electrodes; or
                    (B) contains other electrode chemistries and is the 
                subject of a determination by the Administrator under 
                section 103(d).
            (8) Remanufactured product.--The term ``remanufactured 
        product'' means a rechargeable consumer product that has been 
        altered by the replacement of parts, repackaged, or repaired 
        after initial sale by the original manufacturer.

SEC. 4. INFORMATION DISSEMINATION.

    The Administrator shall, in consultation with representatives of 
rechargeable battery manufacturers, rechargeable consumer product 
manufacturers, and retailers, establish a program to provide 
information to the public concerning the proper handling and disposal 
of used regulated batteries and rechargeable consumer products with 
nonremovable batteries.

SEC. 5. ENFORCEMENT.

    (a) Civil Penalty.--When on the basis of any information the 
Administrator determines that a person has violated or is in violation 
of any requirement of this Act, the Administrator--
            (1) in the case of a willful violation, may issue an order 
        assessing a civil penalty of not more than $10,000 for each 
        violation and requiring compliance immediately or within a 
        reasonable specified time period, or both; or
            (2) in the case of any violation, may commence a civil 
        action in the United States district court in the district in 
        which the violation occurred for appropriate relief, including 
        a temporary or permanent injunction.
    (b) Contents of Order.--An order under subsection (a)(1) shall 
state with reasonable specificity the nature of the violation.
    (c) Considerations.--In assessing a civil penalty under subsection 
(a)(1), the Administrator shall take into account the seriousness of 
the violation and any good faith efforts to comply with applicable 
requirements.
    (d) Finality of Order; Request for Hearing.--An order under 
subsection (a)(1) shall become final unless, not later than 30 days 
after the order is served, a person named in the order requests a 
hearing on the record.
    (e) Hearing.--On receiving a request under subsection (d), the 
Administrator shall promptly conduct a hearing on the record.
    (f) Subpoena Power.--In connection with any hearing on the record 
under this section, the Administrator may issue subpoenas for the 
attendance and testimony of witnesses and for the production of 
relevant papers, books, and documents.
    (g) Continued Violation after Expiration of Period for 
Compliance.--If a violator fails to take corrective action within the 
time specified in an order under subsection (a)(1), the Administrator 
may assess a civil penalty of not more than $10,000 for the continued 
noncompliance with the order.
    (h) Savings Provisions.--The Administrator may not take any 
enforcement action against a person for selling, offering for sale, or 
offering for promotional purposes to the final consumer a battery or 
product governed by this Act that was--
            (1) purchased ready for final sale; and
            (2) sold, offered for sale, or offered for promotional 
        purposes without modification.
SEC. 6. INFORMATION GATHERING AND ACCESS.

    (a) Records and Reports.--A person who is required to carry out the 
objectives of this Act, including--
            (1) a regulated battery manufacturer;
            (2) a rechargeable consumer product manufacturer;
            (3) a mercury-containing battery manufacturer; and
            (4) an authorized agent of a person described in 
        <DELETED>subparagraph (A), (B), or (C) </DELETED>paragraph (1), 
        (2), or (3),
shall establish and maintain such records and report such information 
as the Administrator may by regulation reasonably require to carry out 
the objectives of this Act.
    (b) Access and Copying.--The Administrator or the Administrator's 
authorized representative, on presentation of credentials of the 
Administrator, may at reasonable times have access to and copy any 
records required to be maintained under subsection (a).
    (c) Confidentiality.--The Administrator shall maintain the 
confidentiality of documents and records that contain proprietary 
information.
SEC. 7. STATE AUTHORITY.

    Except as provided in sections 103(e) and 104, nothing in this Act 
shall be construed to prohibit a State from enacting and enforcing a 
standard or requirement that is more stringent than a standard or 
requirement established or promulgated under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

              TITLE I--RECHARGEABLE BATTERY RECYCLING ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Rechargeable Battery Recycling 
Act''.
SEC. 102. PURPOSE.

    The purpose of this title is to facilitate the efficient recycling 
or proper disposal of used nickel-cadmium rechargeable batteries, used 
small sealed lead-acid rechargeable batteries, other regulated 
batteries, and such rechargeable batteries in used consumer products, 
by--
            (1) providing for uniform labeling requirements and 
        streamlined regulatory requirements for regulated battery 
        collection programs; and
            (2) encouraging voluntary industry programs by eliminating 
        barriers to funding the collection and recycling or proper 
        disposal of used rechargeable batteries.

SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING.

    (a) Prohibition.--
            (1) In general.--No person shall sell for use in the United 
        States a regulated battery that is ready for retail sale or a 
        rechargeable consumer product that is ready for retail sale, 
        <DELETED>which </DELETED>if the battery or product was 
        manufactured on or after the date that is 12 months after the 
        date of enactment of this Act, <DELETED>unless--
                </DELETED>    (A) in the case of a regulated battery, 
                the regulated battery--
                        </DELETED>    (i) is easily removable from the 
                        rechargeable consumer product; or
                        </DELETED>    (ii) is sold separately; and
                </DELETED>    (B) in the case of a regulated battery or 
                rechargeable consumer product, the labeling 
                requirements of subsection (b) are met.
        </DELETED>unless the labeling requirements of subsection (b) 
        are met and, in the case of a regulated battery, the regulated 
        battery--
                    (A) is easily removable from the rechargeable 
                consumer product; or
                    (B) is sold separately.

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