Text: H.R.5730 — 102nd Congress (1991-1992)All Information (Except Text)

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Union Calendar No. 511
102d CONGRESS
2d Session
H. R. 5730
[Report No. 102-852, Parts I and II]
A BILL
To amend the Toxic Substances Control Act to reduce the levels of lead in
the environment, and for other purposes.
September 22, 1992
Reported from the Committee on Education and Labor with amendments, committed
to the Committee of the Whole House on the State of the Union, and ordered
to be printed
HR 5730 RH
Union Calendar No. 511
102d CONGRESS
2d Session
 H. R. 5730
[Report No. 102-852, Parts I and II]
To amend the Toxic Substances Control Act to reduce the levels of lead in
the environment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 31, 1992
Mr. SWIFT (for himself and Mr. WAXMAN) introduced the following bill; which
was referred to the Committee on Energy and Commerce
August 14, 1992
Reported with an amendment, referred to the Committee on Education and Labor
for a period ending not later than September 23, 1992, for consideration of
such provisions of the bill and amendment as fall within the jurisdiction
of that committee pursuant to clause 1(g) of rule X
[Strike out all after the enacting clause and insert the part printed
in italic]
 September 22, 1992
Reported  from the Committee on Education and Labor with amendments,
committed to the Committee of the Whole House on the State of the Union,
and ordered to be printed
[Omit the part struck through in italic and insert the part printed in
boldface italic]
[For text of introduced bill, see copy of bill as introduced on July 31, 1992]
A BILL
To amend the Toxic Substances Control Act to reduce the levels of lead in
the environment, 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 `Lead Exposure Reduction Act of 1992'.
SEC. 2. AMENDMENT OF THE TOXIC SUBSTANCES CONTROL ACT.
  (a) AMENDMENT OF THE TOXIC SUBSTANCES CONTROL ACT- The Toxic Substances
  Control Act (15 U.S.C. 2601 and following seq.) is amended by adding after
  title III the following new title:
`TITLE IV--LEAD EXPOSURE REDUCTION
`Subtitle A--Findings, Policy, and Definitions
`SEC. 401. FINDINGS AND POLICY.
  `(a) FINDINGS- The Congress finds that--
  `(1) lead poisoning is the most prevalent disease of environmental origin
  among American children today, and children under six years of age are at
  special risk because of their susceptibility to the potency of lead as a
  neurologic toxin;
  `(2) the effects of lead on children may include permanent, significant
  neurologic and physiologic impairment, and additional health effects occur
  in adults;
  `(3) because of the practical difficulties of removing lead already
  dispersed into the environment, children and adults will continue to be
  exposed to such lead for years;
  `(4) as a result of decades of highly dispersive uses of lead in a variety
  of products, contamination of the environment with unacceptable levels of
  lead is widespread;
  `(5) the continued manufacture, import, processing, use, and disposal
  of some lead-containing products may cause further releases of lead to
  the environment, and such releases contribute to further environmental
  contamination and resultant exposure to lead; and
  `(6) methods to reduce existing lead exposure levels must be improved,
  especially through the development of more effective and affordable
  methods for abating lead-based paint, which continues to be a major cause
  of childhood lead poisoning.
  `(b) POLICY- It is the policy of the United States that further releases of
  lead to the environment should be minimized, and means should be developed
  and implemented to reduce sources of lead that result in adverse human or
  environmental exposures.
`SEC. 402. DEFINITIONS.
  `(a) IN GENERAL- As used in this title--
  `(1) COVERED DAY CARE CENTER- The term `covered day care center' means--
  `(A) the interior and exterior of any building constructed before 1980
  which is used as a day care facility which regularly provides day care
  services for children in kindergarten or younger children, and
  `(B) any land and structures thereon and any related common grounds
  or playground area and playground structures which are under the same
  ownership as such building and which would be regularly accessible to
  children in kindergarten or younger children.
  `(2) COVERED SCHOOL- The term `covered school' means--
  `(A) the interior and exterior of any building constructed before 1980 which
  is used as an elementary school as defined in section 1471 of the Elementary
  and Secondary Education Act of 1965 (20 U.S.C. 2891), or as a kindergarten,
  which regularly provides education for children in kindergarten or younger
  children, and
  `(B) any land and structures thereon and any related common grounds
  or playground area and playground structures which are under the same
  ownership as such building and which would be regularly accessible to
  children in kindergarten or younger children.
  `(3) DAY CARE FACILITY- The term `day care facility' means any portion
  of a facility used for day care for children in kindergarten or younger
  children and owned or operated by a person that provides such day care
  for compensation and that--
  `(A) is licensed or regulated under State law for day care purposes; or
  `(B) receives Federal funds for day care purposes.
  `(4) DELEADER- The term `deleader' means a person who offers to reduce or
  eliminate lead-based paint or lead hazards or to plan such activities. Where
  such activities are performed at any facility by employees of the owner
  or operator of such facility, such term includes such owner or operator.
  `(5) DISTRIBUTOR- The term `distributor' means any individual, firm,
  corporation, or other entity which takes title to goods purchased for resale.
  `(6) FACILITY- The term `facility' means any public or private dwelling
  constructed before 1980, public building constructed before 1980, commercial
  building, bridge, or other structure or superstructure.
  `(7) LEAD-BASED PAINT- The term `lead-based paint' means any paint or
  surface coating that contains lead in excess of the action level described
  in  `Interim Guidelines for Hazard Identification and Abatement for Public
  and Indian Housing' of the Department of Housing and Urban Development,
  as in effect on the date of enactment of this title.
  `(8) LEAD-BASED PAINT ABATEMENT ACTIVITIES- The term `lead-based paint
  abatement activities' means the inspection, removal, encapsulation, in place
  management, lead hazard reduction, handling, transportation, or disposal
  of lead-based paint or materials containing lead from lead-based paint
  at or from any facility or the planning of any such activities. Such term
  shall not include renovation, remodeling, maintenance or repair activities
  that incidentally remove, encapsulate, manage in-place, handle, transport,
  or dispose of such paint or materials if such activities do not present
  more than a de minimis risk of exposure to lead.
  `(9) LEAD-BASED PAINT ABATEMENT CONTRACTOR- The term `lead-based paint
  abatement contractor' means any contractor performing lead-based paint
  abatement activities for compensation. Where such activities are performed
  at any facility by employees of the owner or operator of such facility,
  such term includes such owner or operator.
  `(10) LEAD HAZARD- The term `lead hazard' means--
  `(A) lead-based paint that is chipping, peeling, flaking, or chalking;
  `(B) any surface coated with lead-based paint which is subject to abrasion;
  `(C) any surface coated with lead-based paint that can be mouthed by a
  child under 6 years of age; and
  `(D) interior dust or exterior soil that contains a dangerous level of lead,
  as identified under section 423.
  `(11) LEAD INSPECTION- The term `lead inspection' means an inspection to
  detect the presence of any lead-based paint or lead hazard.
  `(12) LOCAL EDUCATION AGENCY- The term `local education agency' means--
  `(A) any local educational agency as defined in section 1471 of the
  Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891),
  `(B) the owner of any private nonprofit elementary or secondary school
  building, and
  `(C) the governing authority of any school operating under the defense
  dependent's education system provided for under the Defense Dependent's
  Education Act of 1978 (20 U.S.C. 921 and following).
  `(13) OWNER OR OPERATOR- The term `owner or operator' when used with
  respect to a school means the local education agency with jurisdiction
  over that school.
  `(14) PACKAGE- The term `package' means a container providing a means of
  marketing, protecting, or handling a product, and includes a unit package,
  an intermediate package, crate, pail, rigid foil, unsealed receptacle
  such as a carrying case, cup, and such other trays, wrappers and wrapping
  films, bags, tubs, and shipping or other containers, as the Administrator
  by regulation, may define.
  `(15) PACKAGING COMPONENT- The term `packaging component' means any
  individual assembled part of a package such as any interior or exterior
  blocking, bracing, cushioning, weatherproofing, exterior strapping, coating,
  closure, ink, and label. For the purposes of this title, tin-plated
  steel that meets the American Society for Testing and Materials (ASTM)
  Specification A-623 shall be deemed an individual packaging component.
  `(16) PERSON- The term `person' means an individual, trust, firm, joint stock
  company, corporation (including a government corporation), partnership,
  association, State, municipality, commission, political subdivision of a
  State, or any interstate body and shall include each department, agency,
  or instrumentality of the United States.
  `(b) EXCEPTIONS- For purposes of this title the terms `package' and
  `packaging component' shall not include--
  `(1) ceramic ware or crystal,
  `(2) a container used for radiation shielding,
  `(3) a foil on an alcohol beverage bottle,
  `(4) any casing for a lead-acid battery,
  `(5) steel strapping, or
  `(6) any package or packaging component containing lead which is regulated
  or subject to regulation under the Federal Food, Drug, and Cosmetic Act.
`Subtitle B--Lead Containing Products and Packages
`SEC. 411. RESTRICTIONS ON CONTINUING USES OF CERTAIN LEAD-CONTAINING PRODUCTS.
  `(a) GENERAL RESTRICTIONS- Except as otherwise provided in this title,
  beginning on the date one year after the enactment of the Lead Exposure
  Reduction Act of 1992, no person may import, manufacture or process a
  product in any of the following product categories:
  `(1) INKS- Inks containing more than 0.1 percent lead by dry weight used
  in printing newspapers, newspaper supplements, or magazines published more
  than once per month.
  `(2) PAINTS- Paints containing more than 0.06 percent lead by dry weight
  (other than any paint covered by subsection (c), (d), or (e)).
  `(3) BRICK MORTAR- Brick mortar containing more than 2 percent lead by
  dry weight.
  `(4) GLASS COATINGS- (A) Architectural glass coatings containing more than
  0.06 percent lead by dry weight.
  `(B) Automotive window coatings containing more than 0.06 percent lead by
  dry weight.
  `(C) Mirror backings containing more than 0.06 percent lead by dry weight.
In applying the prohibitions contained in this subsection in the case of
items listed in paragraph (2), the date 3 years after the enactment of the
Lead Exposure Reduction Act of 1992, and in the case of items listed in
paragraph (4), the date 5 years after the enactment of such Act, shall be
substituted for the date one year after the enactment of such Act. Nothing
in this section shall prohibit the recycling of any product listed in this
subsection where, following its original use, such product is reused as a
raw material in the manufacture of any product not listed in this subsection.
  `(b) EPA AUTHORITY TO ISSUE EXEMPTIONS- The Administrator shall, by rule,
  exempt from regulation under this section products used--
  `(1) for medical purposes (as defined by the Administrator in such rule,
  in consultation with the Secretary of Health and Human Services);
  `(2) for purposes in the paramount interest of the United States (as
  determined by the Administrator, in consultation with the Secretary of
  Defense);
  `(3) for radiation protection;
  `(4) in the mining industry to determine the presence of noble metals in
  geological materials; and
  `(5)  as radiation shielding in electronic devices and in specialized
  electronics uses where the Administrator has determined that no appropriate
  substitutes for lead are available.
  `(c) CERTAIN PRIMER PAINTS-
  `(1) PRIMER PAINTS SUITABLE FOR USE AS AN ELECTROCOAT OR ELECTRODEPOSITION
  PRIMER (OR BOTH) ON MOTOR VEHICLE PARTS- (A) Five years after the enactment
  of the Lead Exposure Reduction Act of 1992, and every 5 years thereafter
  until the Administrator makes a determination under subparagraph (B), the
  Administrator shall determine, following public notice and opportunity
  for comment, whether there are 1 or more primer paints suitable for use
  as an electrocoat or electrodeposition primer (or both) on motor vehicle
  parts that--
  `(i) contain 0.06 percent lead by weight in dry film, or less
  `(ii) have corrosion inhibition and related performance characteristics
  substantially equivalent to primer paints in use for corrosion inhibition,
  as of the date of enactment of this section, and
  `(iii) do not pose a greater risk to human health and the environment than
  primer paints in use as of the date of enactment of this section for such
  corrosion inhibition.
  `(B) If the Administrator determines pursuant to subparagraph (A) that one
  or more such primer paints exist, and that use of any such primer paint is
  economically feasible at the time of such determination, the Administrator
  shall identify the lead content level of such primer paint. Three years
  after the Administrator makes such a determination, no person shall
  import, manufacture, or process any electrocoat or electrodeposition
  primer paint with a lead content that exceeds the level identified by the
  Administrator. Four years after the Administrator makes such a determination,
  no person shall distribute in commerce any electrocoat or electrodeposition
  primer paint (or import or manufacture any new motor vehicle or new motor
  vehicle part coated with such primer paint) with a lead content level that
  exceeds the level identified by the Administrator. In the case of such
  motor vehicles and parts, such prohibition shall not be effective until
  the beginning of the first motor vehicle model year which begins after
  such 4-year period. Whenever the Administrator makes a determination under
  this paragraph, the Administrator shall publish notice of the restrictions
  imposed under this subsection pursuant to such determination.
  `(C) If the Administrator determines pursuant to subparagraph (A) that
  there does not exist a primer paint suitable for use as an electrocoat
  or electrodeposition primer (or both) on motor vehicle parts with a lead
  content level of 0.06 percent lead by weight in dry film or less or that
  the use of all such primer paints is not economically feasible at the time
  of such determination, 13 years after the date of the enactment of the
  Lead Exposure Reduction Act of 1992, no person shall import, manufacture,
  or process any electrocoat or electrodeposition primer paint with a lead
  content level greater than 0.06 percent lead by weight in dry film, and
  14 years after the date of such enactment, no person shall distribute in
  commerce any electrocoat or electrodeposition primer paint (or import,
  manufacture any new motor vehicle or new motor vehicle part coated with
  such primer paint) with a lead content level greater than 0.06 percent
  lead by weight in dry film. In the case of such motor vehicles and parts,
  such prohibition shall not be effective until the beginning of the first
  motor vehicle model year which begins after such 14-year period.
  `(2) CERTAIN PAINTS AND PRIMERS FOR AGRICULTURAL, CONSTRUCTION, GENERAL
  PURPOSE INDUSTRIAL, AND FORESTRY EQUIPMENT- (A) Five years after the
  enactment of the Lead Exposure Reduction Act of 1992, and every 5
  years thereafter until the Administrator makes a determination under
  subparagraph (B), the Administrator shall determine, following public
  notice and opportunity for comment, whether there are 1 or more original
  equipment manufacturer paints and primers and service paints and primers
  for agricultural, construction, general purpose industrial and forestry
  equipment that--
  `(i) in the dry coating have a lead solubility of less than 60mg/liter
  ANSI standard Z66.1,
  `(ii) have corrosion inhibition and related performance characteristics
  substantially equivalent to original equipment manufacturer paints and
  primers and service paints and primers in use as of the date of enactment
  of this section for agricultural, construction, general purpose industrial
  and forestry equipment, and
  `(iii) do not pose a greater risk to human health and the environment than
  original equipment manufacturer paints and primers and service paints and
  primers in use as of the date of enactment of this section for agricultural,
  construction, general purpose industrial and forestry equipment.
  `(B) If the Administrator determines pursuant to subparagraph (A) that
  one or more such paints and primers exist, and that use of any such paint
  or primer is economically feasible at the time of such determination, the
  Administrator shall identify the lead content of such paint or primer. Three
  years after the Administrator makes such a determination, no person shall
  import, manufacture, or process any original equipment manufacturer paints
  and primers and service paints and primers for agricultural, construction,
  general purpose industrial and forestry equipment with a lead content that
  exceeds the level identified by the Administrator. Four years after the
  Administrator makes such a determination, no person shall distribute in
  commerce any original equipment manufacturer paints and primers and service
  paints and primers for agricultural, construction, general purpose industrial
  and forestry equipment (or import or manufacture any new equipment or new
  equipment part coated with such paint or primer) with a lead content that
  exceeds the level identified by the Administrator. Whenever the Administrator
  makes a determination under this paragraph, the Administrator shall publish
  a notice of any restriction imposed under this paragraph pursuant to such
  determination.
  `(C) If the Administrator determines pursuant to subparagraph (A)
  that there does not exist paint or primer suitable for use for original
  equipment manufacturer and service paints and primers for agricultural,
  construction, general purpose industrial and forestry equipment which in
  the dry coating has a lead solubility of less than 60mg/liter ANSI standard
  Z66.1 or that the use of all such paints and primers is not economically
  feasible at the time of such determination, 13 years after the date of
  the enactment of the Lead Exposure Reduction Act of 1992, no person shall
  import, manufacture, or process any original equipment manufacturer paint
  or primer or service paints and primers for agricultural, construction,
  general purpose industrial and forestry equipment which in the dry coating
  has a lead solubility greater than 60mg/liter ANSI standard Z66.1, and
  14 years after the date of such enactment, no person shall distribute in
  commerce any original equipment manufacturer paints and primers or service
  paint or primer for agricultural, construction, general purpose industrial
  and forestry equipment (or import or manufacture any such new equipment
  or new equipment part coated with such paint or primer) which in the dry
  coating has a lead solubility greater than 60mg/liter ANSI standard Z66.1.
  `(D)(i) The Administrator may, after public notice and opportunity for
  comment, promulgate regulations to establish a percentage by dry weight
  of the allowable lead content for original equipment manufacturer paints
  and primers or service paint or primer for agricultural, construction,
  general purpose industrial and forestry equipment that is greater than
  the percentage applicable under subparagraph (C) if the Administrator
  establishes restrictions on the use of such paints and primers or group of
  paints and primers and determines (I) that substitutes are unavailable or
  do not have substantially similar performance characteristics and (II) that
  the regulation increasing the percentage of allowable lead content, together
  with such restrictions on use, will protect human health and the environment.
  `(ii) If the Administrator establishes by regulation an increased percentage
  of the allowable lead content under clause (i), the regulation establishing
  such percentage shall terminate on the date that is 6 years after the date
  such regulation becomes final, except that if, not later than 12 months
  prior to such termination, the Administrator determines pursuant to clause
  (i), that the extension of such regulation is appropriate, the Administrator
  may extend such regulation. Each such extension shall be for a 6-year period.
  `(iii) In promulgating any regulation or extension under this subparagraph
  with respect to the allowable lead content, the Administrator shall, prior to
  the promulgation of a final regulation or extension, consider and publish a
  statement that describes the effects on human health and the environment of
  the proposed allowable lead content level for original equipment manufacturer
  paints and primers or service paint or primer for agricultural, construction,
  general purpose industrial and forestry equipment.
  `(d) PAINTS CONTAINING LEAD CHROMATE PIGMENTS- (1) Five years after the
  enactment of the Lead Exposure Reduction Act of 1992, following public
  notice and opportunity for comment, the Administrator shall determine if
  there is a substitute for paints containing lead chromate pigments for
  use in any class or category of uses that--
  `(A) contains 0.06 percent lead by weight in dry film or less,
  `(B) has performance characteristics substantially equivalent to paints
  containing lead chromate pigments in use, as of the date of enactment of
  this section, in such class or category of uses, and
  `(C) does not pose a greater risk to human health and the environment
  in such class or category of uses than paints containing lead chromate
  pigments in use as of the date of enactment of this section.
Unless the Administrator determines, that, for a particular class or category
of uses, no such substitute exists or is economically feasible for use in
such class or category of uses, 6 years after the date of the enactment of
the Lead Exposure Reduction Act of 1992, the use of any paint containing
lead chromate pigment in such class or category of uses shall be unlawful.
  `(2) If the Administrator determines under paragraph (1) that no substitute
  referred to in paragraph (1) exists for any class or category of uses,
  or that no substitute is economically feasible for use in any class or
  category of uses, the Administrator shall delay the effective dates of
  the prohibition under paragraph (1) for a period of 6 additional years
  for that class or category of uses. At 6-year intervals after making such
  determination, the Administrator shall make an additional determination
  under paragraph (1) and delay the effective dates of such prohibitions
  for additional 6-year periods for a particular class or category of uses
  if the Administrator determines under paragraph (1) that no substitute
  referred to in paragraph (1) exists for that class or category.
  `(3) This subsection shall not apply to any lead chromate pigments in
  original equipment manufacturer paints and primers or service paint or
  primer for agricultural, construction, general purpose industrial and
  forestry equipment.
  `(e) EXEMPTIONS FROM LEAD CONTENT REQUIREMENTS-
  `(1) STATUTORY EXEMPTIONS- The restrictions on lead content under this
  section shall not apply to the following:
  `(A) ARTIST PAINT- Any paint for use by an artist in a work of art if such
  paint is sold or otherwise distributed in packages labeled as follows:
`CONTAINS LEAD--FOR USE BY ADULTS ONLY. DO NOT USE OR STORE AROUND CHILDREN
OR IN AREAS ACCESSIBLE TO CHILDREN'
  `(B) CERTAIN ZINC ENRICHED INDUSTRIAL PAINT- Zinc enriched industrial
  paint with an incidental presence of lead not greater than 0.19 percent
  lead by dry weight.
  `(2) Labels-
  `(A) SIZE AND PLACEMENT- Unless the Administrator promulgates regulations
  within 24 months after the date of enactment of the Lead Exposure Reduction
  Act of 1992 specifying alternate type size and placement of the wording for
  labels referred to in paragraph (1), that wording shall be placed prominently
  on the package in letters the same size as the largest text letter (except
  for logos or brand markings) otherwise affixed to the label or packaging
  of the product until the Administrator promulgates such regulations.
  `(B) OTHER LABELING REQUIREMENTS- Compliance with the labeling provisions
  of paragraph (1) shall not constitute, in whole or in part, a defense to
  liability or a cause for reduction in damages in any suit, whether civil
  or criminal, brought under any law, whether Federal or State, other than
  suit for failure to comply with the labeling requirements of this section.
`SEC. 412. RESTRICTION ON LEAD-CONTAINING PACKAGES.
  `(a) PROHIBITION ON INTENTIONAL INTRODUCTION OF LEAD- Beginning on the
  date that is 48 months after the date of the enactment of the Lead Exposure
  Reduction Act of 1992--
  `(1) no package or packaging component shall be sold or distributed in
  commerce by a manufacturer or distributor, which includes, in the package,
  or in any packaging component, any ink, dye, pigment, adhesive, stabilizer,
  or other additive to which lead has been intentionally introduced as an
  element during manufacturing or distribution (as opposed to the incidental
  presence of lead); and
  `(2) no product shall be or distributed in commerce by its manufacturer or
  distributor in a package which includes, in the package itself or in any
  of its packaging components, any ink, dye, pigment, adhesive, stabilizer,
  or other additive to which any lead has been intentionally introduced as an
  element during manufacturing or distribution (as opposed to the incidental
  presence of lead).
Nothing in this section shall prohibit the recycling of any package or
packaging component referred to in this subsection where, following its
original use, such package or packaging component is reused as a raw material
in the manufacture of any product. Nothing in this section shall be construed
to prohibit the sale of any previously used package or packaging component
to any person for reuse in the manner described in the preceding sentence.
  `(b) PROHIBITION ON INCIDENTAL PRESENCE OF LEAD- No package or packaging
  component shall be sold or distributed in commerce by a manufacturer or
  distributor, and no product shall be by a manufacturer or distributor in a
  package, if the aggregate of the concentration levels, from any incidental
  presence of lead present in the package or packaging component, exceeds--
  `(1) for the fifth 12-month period following the date of the enactment of
  the Lead Exposure Reduction Act of 1992, 600 parts per million by weight
  (0.06 percent);
  `(2) for the sixth 12-month period following the date of the enactment of
  the Lead Exposure Reduction Act of 1992, 250 parts per million by weight
  (0.025 percent); and
  `(3) for the seventh 12-month period following the date of the enactment
  of the Lead Exposure Reduction Act of 1992, and for each 12-month period
  thereafter, 100 parts per million by weight (0.01 percent).
  `(c) EXEMPTION FROM PACKAGING REQUIREMENTS- Prior to the expiration of the
  84-month period following the date of the enactment of the Lead Exposure
  Reduction Act of 1992, upon receipt of an application (in such form and
  containing such information as the Administrator may prescribe by regulation)
  the Administrator may exempt from the requirements of subsection (a) or (b)--
  `(1) a package or packaging component manufactured prior to the date of
  the enactment of the Lead Exposure Reduction Act of 1992, as determined
  by the Administrator; and
  `(2) a package or packaging component to which lead has been added in
  the manufacturing, forming, printing, or distribution process in order
  to comply with health or safety requirements of Federal law or the law of
  any State or political subdivision of a State.
  `(d) CERTIFICATE OF COMPLIANCE- (1) A certificate of compliance stating that
  a package or packaging component is in compliance with the requirements
  of this section shall be prepared and retained by its manufacturer or
  distributor.
  `(2) In any case in which compliance with this section is based on an
  exemption under subsection (c), such certificate shall state the specific
  basis upon which the exemption is claimed.
  `(3) A certificate of compliance shall be signed by an authorized official
  of the manufacturer or distributor, as the case may be.
`SEC. 413. MODIFICATION OF RESTRICTIONS IN SECTIONS 411 AND 412.
  `(a) IN GENERAL- The Administrator may, after public notice and opportunity
  for comment, promulgate regulations to modify, pursuant to subsections (b)
  and (c) of this section, the percentage of the allowable lead content for--
  `(1) a product, or a group of products, within a product category described
  in paragraphs (1) through (4) of subsection (a) of section 411; or
  `(2) a package or packaging component the lead content of which is regulated
  under section 412.
  `(b) LESSER PERCENTAGE- The Administrator may, pursuant to subsection (a),
  establish by regulation a percentage of the allowable lead content level
  that is less than that allowable under--
  `(1) subsection (a) of section 411  (including nondetectable levels) for
  a product, or a group of products, within any product category described
  in paragraphs (1) through (4) of such subsection (a), or
  `(2) subsection (b) of section 412 for a package or packaging component
if the Administrator determines that a reduction in the percentage of
allowable lead content is necessary to protect human health or the environment.
  `(c) GREATER PERCENTAGE- (1) The Administrator may, pursuant to subsection
  (a), establish by regulation a percentage by dry weight of the allowable lead
  content for a product, or a group of products, within any product category
  described in paragraphs (1) through (7) of subsection (a) of section 411
  or for any package or packaging component regulated under section 412
  that is greater than otherwise allowable under section 411 or 412 if the
  Administrator establishes restrictions on the use of such product or group
  of products or package or packaging component and determines--
  `(A) that substitutes are unavailable or do not have substantially similar
  performance characteristics, and
  `(B) that the regulation increasing the percentage of allowable lead
  content, together with such restrictions on use, will protect human health
  and the environment.
  `(2) If the Administrator establishes by regulation an increased percentage
  of the allowable lead content for a product, or a group of products, within
  a product category or for a package or packaging component, pursuant to this
  subsection, the regulation establishing such percentage shall terminate on
  the date that is 6 years after the date such regulation becomes final,
  except that if, not later than 12 months prior to such termination,
  the Administrator determines pursuant to paragraph (1), that extension
  of such regulation is appropriate, the Administrator may extend such
  regulation. Each such extension shall be for a 6-year period.
  `(d) STATEMENTS BY ADMINISTRATOR RELATING TO MODIFICATIONS OF RESTRICTIONS-
  In promulgating or extending any regulation under this subsection with
  respect to the allowable lead content, the Administrator shall describe
  the effects of the proposed allowable lead content level on human health
  and the environment.
`SEC. 414. INVENTORY OF LEAD-CONTAINING PRODUCTS AND NEW USE NOTIFICATION
PROCEDURES.
  `(a) CREATION OF AN INVENTORY OF USES OF LEAD IN PRODUCTS IN COMMERCE- (1)
  Within 60 days after the date of enactment of the Lead Exposure Reduction
  Act of 1992, the Administrator shall, with the active participation of all
  interested parties, initiate a survey of all lead-containing products sold
  or distributed in commerce in the United States.
  `(2) Based on the survey described in paragraph (1), the Administrator shall
  develop an inventory of all lead-containing products sold or distributed in
  commerce (hereinafter in this section referred to as the `Inventory'). In
  developing the Inventory, the Administrator may group together in product
  categories those products that are both functionally similar and that provide
  similar opportunities for lead exposure or release during manufacturing,
  processing, or use, or at the end of the product's useful life (taking
  into account other applicable regulations).
  `(3) The Administrator shall publish in the Federal Register in draft form
  the Inventory described in paragraph (2), and shall request public comment
  on the draft Inventory. Not later than 24 months following enactment of this
  section, and following public notice and opportunity to comment on the draft
  Inventory, the Administrator shall publish such Inventory in final form.
  `(4) For the purposes of this section, any product that contains
  lead-containing components included on the Inventory shall be deemed to
  be included on the Inventory.
  `(5) If the Administrator fails to publish the Inventory by the date required
  in paragraph (3), until such Inventory is published, the products referred
  to in subsection (c)(6) shall be deemed to comprise the Inventory.
  `(6) The Administrator may, from time to time, after notice and opportunity
  for comment, make modifications in the Inventory published under this
  subsection, and publish a modified Inventory.
  `(b) LIST OF USES OF LEAD IN PRODUCTS THAT POSE EXPOSURE CONCERNS-
  (1) 36 months after the enactment of the Lead Exposure Reduction Act of
  1992, the Administrator shall promulgate, by rule, a list (hereinafter
  in this section referred to as the `List') of lead-containing products
  or categories of such products that the Administrator determines may
  reasonably be anticipated to present an unreasonable risk of injury to
  health or the environment due to exposure to lead during manufacturing,
  processing, distribution in commerce or use, or at the end of the product's
  useful life, taking into account other applicable regulations. Any such
  determination shall be based on exposure-related information pertaining
  to such products or categories of products, or to products or categories
  of products that pose similar exposure risks. For each product or category,
  the Administrator shall specify the concentration of lead (as a percentage of
  the dry weight of such product) which the Administrator determines to be the
  maximum concentration of lead found in such product or category of products.
  `(2)(A) After promulgating the List, the Administrator by rule may add
  products or categories of products to the List upon determining that they
  meet the standard set forth in paragraph (1), or may delete products or
  categories of products from the List upon determining that they do not
  meet the standard set forth in paragraph (1).
  `(B) Any person may petition the Administrator to make a determination to
  add products or categories of products to the List, or delete products or
  categories of products from the List. Within 90 days after receipt of a
  petition, the Administrator shall take one of the following actions:
  `(i) Grant the petition and initiate a rulemaking to add or delete products
  or product categories as requested.
  `(ii) Deny the petition and publish in the Federal Register an explanation
  of the basis for denying the petition.
If the Administrator grants the petition, he shall complete the rulemaking
within 90 days after initiating it.
  `(c) NOTIFICATION OF NEW USES OF LEAD IN PRODUCTS IN COMMERCE- (1) After
  publication of the Inventory in final form pursuant to subsection (a)(3),
  any person who manufactures, processes, or imports a lead-containing
  product shall submit to the Administrator a notice pursuant to paragraph
  (2) upon commencement of the manufacture, processing, or importation of
  such product, for any product which--
  `(A) is not on the Inventory, or
  `(B) is a product that is identified on the List, or that falls within
  one of the categories identified on the List,
and which utilizes a higher concentration of lead as a percentage of dry
weight than that previously identified by the Administrator for such product
or category under subsection (b)(1) (unless the concentration is exceeded
on a percentage basis solely through efforts to reduce the size or weight
of the product, rather than by the addition of larger quantities of lead
into the product).
  `(2) The notice required by paragraph (1) shall include each of the
  following:
  `(A) A general description of the product.
  `(B) A description of the manner in which lead is used in the product.
  `(C) The quantity of such product manufactured, processed, or imported.
  `(D) The amount and percentage of lead used in the manufacturing of the
  product, or the amount and percentage of lead contained in the imported
  product.
  `(3) On an annual basis, the Administrator shall publish a report which
  provides a nonconfidential summary of new uses identified pursuant to this
  subsection, including aggregated information regarding the amount of lead
  associated with such new products.
  `(4) The notification requirement contained in this subsection shall not
  apply to research and development activities, as defined in regulations
  promulgated under section 5 of this Act.
  `(5) Following receipt of a notice under paragraph (1), the Administrator
  shall amend the Inventory as appropriate. The Administrator also
  shall evaluate whether any new products should be added to the List of
  lead-containing products under subsection (b)(1).
  `(6) If publication of the final List is delayed beyond the deadline set
  forth in subsection (b), the following provisions shall apply:
  `(A) Commencing on the date that the final List is required to be promulgated
  under subsection (b) and until such time as the final List is published,
  no person shall manufacture, process, or import a product that is one of
  the products or that falls within one of the product categories identified
  in subparagraph (B) if such product, or a substantially similar product,
  has not been distributed in commerce prior to enactment of this section,
  or if the product contains a greater percentage of lead than substantially
  similar products distributed in commerce before enactment of this section,
  unless such person has submitted a notice under paragraph (2).
  `(B) The list of products or categories of products referred to in
  subparagraph (A) are:
  `(i) Paints and coatings other than paints and coatings used as
  electrodeposition paints and coatings on motor vehicles.
  `(ii) Plastic additives other than polyvinyl chloride heat stabilizers.
  `(iii) Gasoline additives.
  `(iv) Foil wine wrappers.
  `(v) Rubber cure agents, protective agents, and pigments.
  `(vi) Solder other than solder used in original manufacture or in commercial
  servicing of electronic or electrical products.
  `(vii) Printing inks.
  `(viii) Sound-proofing shielding.
  `(ix) Roofing material.
  `(C) In any proceeding to enforce subparagraph (A) or (B), the manufacturer,
  processor, or importer shall have the burden of demonstrating that he
  had a reasonable basis for concluding that the product in question (or a
  substantially similar product) has been previously distributed in commerce.
  `(7) Not later than 36 months after enactment of the Lead Exposure Reduction
  Act of 1992 and 24 months thereafter, the Administrator shall submit a
  report to Congress describing (A) the rate of diversion of small sealed
  lead-acid batteries from the solid waste stream, and (B) the quantity of
  lead entering the solid waste stream in the form of small sealed lead-acid
  batteries. In preparing such reports, the Administrator shall undertake such
  original investigation as may be necessary to generate the data needed to
  make the findings required in the reports, or may rely on data generated
  and compiled by industry and other concerned organizations. Any person
  submitting confidential information to the Administrator pursuant to the
  preceding sentence shall also submit data that is publicly available. If
  the Administrator finds that the relevant information is not available and
  certifies that such information cannot be readily obtained, small sealed
  lead-acid batteries shall be deemed to appear on the list established
  pursuant to subsection (b) (or that has taken effect pursuant to paragraph
  (6) if applicable) effective 90 days after the date on which such report
  is required to be submitted.
  `(d) EXEMPTIONS- Subsections (b) and (c) shall not apply to any of the
  following:
  `(1) Stained glass products.
  `(2) Fishing weights and lures.
  `(3) Articles referred to in section 3(2)(B)(v) of this Act.
  `(4) Containers used for radiation shielding.
This section shall not apply for any metal, glass, paper, or textiles sold
or distributed by the owner or operator of any automotive dismantler or
recycling facility regulated by a State or by the Administrator.
`SEC. 415. PRODUCT LABELING.
  `(a) IN GENERAL- (1) Not later than 36 months after the date of the
  enactment of the Lead Exposure Reduction Act of 1992, the Administrator
  shall promulgate regulations that provide for the labeling of products which
  appear on the List of lead-containing products required to be published
  under section 414. Such regulations shall not apply to lead-acid batteries
  to the extent that the labeling of such batteries as to their lead content
  is regulated under other authority of Federal law or to products regulated
  under the Federal Food, Drug and Cosmetic Act. The regulations under this
  section may distinguish between the labels required for products which
  present a risk of exposure to lead during manufacture or processing and
  the labels required for products which present a risk of exposure to lead
  during distribution or use.
  `(2) The regulations promulgated pursuant to paragraph (1) shall take
  effect not later than 36 months after the date of enactment of the Lead
  Exposure Reduction Act of 1992.
  `(b) CONTENT OF REGULATIONS- The regulations described in subsection (a)
  shall specify the wording, type size, and placement of the labels described
  in such subsection.
  `(c) OTHER LABELING REQUIREMENTS- Compliance with the labeling provisions
  of this section shall not constitute, in whole or in part, a defense to
  liability or a cause for reduction in damages in any suit, whether civil
  or criminal, brought under any law, whether Federal or State, other than
  a suit for failure to comply with the labeling requirements of this section.
  `(d) PRODUCTS EXEMPT FROM LEAD CONTENT REQUIREMENTS- For additional
  requirements relating to the labeling of certain exempt articles and of
  packages containing certain exempt articles, see section 411(f).
`Subtitle C--Lead-Based Paint Abatement
`SEC. 421. LEAD-BASED PAINT ABATEMENT TRAINING AND CERTIFICATION.
  `(a) REGULATIONS-
  `(1) IN GENERAL- Not later than 18 months after the date of enactment of the
  Lead Exposure Reduction Act of 1992, the Administrator shall, in consultation
  with other appropriate Federal departments and agencies, promulgate final
  regulations governing lead-based paint abatement activities. The provisions
  of this section shall supersede the provisions set forth under the heading
  `Lead Abatement Training and Certification' and under the heading `Training
  Grants' in title III of the Act entitled `An Act making appropriations for
  the Departments of Veterans Affairs and Housing and Urban Development, and
  for sundry independent agencies, commissions, corporations, and offices
  for the fiscal year ending September 30, 1992, and for other purposes',
  Public Law 102-139, and upon the enactment of this section the provisions
  set forth in such public law under such headings shall cease to have any
  force and effect.
  `(2) ACCREDITATION OF TRAINING PROGRAMS- Final regulations promulgated under
  paragraph (1) shall contain specific requirements for the accreditation
  of lead-based paint abatement training programs for workers, supervisors,
  inspectors and planners, and other individuals involved in lead-based paint
  abatement activities, including, but not limited, to each of the following:
  `(A) Minimum requirements for the accreditation of training providers.
  `(B) Minimum training curriculum requirements, which shall, to the
  extent appropriate for the category of individuals being trained, include
  training in--
  `(i) health effects of lead and sources of exposures;
  `(ii) worker protection practices and procedures;
  `(iii) abatement activities, lead hazard reduction, and in-place management;
  `(iv) prohibited abatement methods and practices;
  `(v) lead-based paint abatement waste clean-up and disposal requirements;
  `(vi) testing, risk assessment, and monitoring;
  `(vii) medical monitoring of abatement personnel;
  `(viii) lead-based paint encapsulation and maintenance practices;
  `(ix) recordkeeping;
  `(x) worker rights and responsibilities; and
  `(xi) insurance and bonding requirements.
  `(C) Minimum training hour requirements.
  `(D) Minimum hands-on training requirements.
  `(E) Minimum trainee competency and proficiency requirements.
  `(F) Minimum requirements for training program quality control.
  `(3) LICENSING REGULATIONS-
  `(A) TIER 1 LICENSING CATEGORIES- The regulations promulgated under paragraph
  (1) shall include a program to license lead-based paint abatement contractors
  who are deleaders or who are engaged in demolition, lead inspection,
  or in removing lead from bridges.
  `(B) ADDITIONAL CATEGORIES- The Administrator may amend the regulations under
  paragraph (1) to require additional categories of lead-based paint abatement
  contractors to be licensed under the program referred to in subparagraph (A).
  `(C) ABILITY TO COMPLY WITH STANDARDS- The regulations under paragraph
  (1) may provide for different types of licenses for different categories
  of lead-based paint abatement activities. Such regulations shall require
  that each applicant for a license under this section demonstrate the
  ability to comply with the standards referred to in paragraph (4) that
  are applicable to the category of lead-based paint activities engaged in
  by the license applicant.
  `(D) ISSUANCE OF LICENSE- The Administrator (or the State in the case of
  an authorized State program) shall make license applications available
  under the licensing program and shall, within 6 months after a license
  application is submitted under a licensing program under this paragraph,
  issue the license or deny the application. No such application shall
  be denied until the applicant has been afforded the opportunity for an
  administrative hearing with respect to such denial.
  `(4) STANDARDS FOR CONDUCTING ACTIVITIES-
  `(A) IN GENERAL- The regulations under paragraph (1) shall contain standards
  for performing lead-based paint abatement activities, taking into account
  reliability, effectiveness, and safety. The regulations shall address
  a range of abatement and lead hazard reduction options, including those
  which are inexpensive and easily applicable.
  `(B) TRAINING- Such standards shall require each lead-based paint
  abatement contractor subject to the licensing requirements of this
  subsection to ensure that all individuals engaged in lead-based paint
  abatement activities on behalf of such contractor have received, through
  a training program accredited under this section, appropriate training
  respecting the activities for which the contractor is required to be
  licensed. Such a training program may be conducted by the contractor or by
  any other person. Such training shall not be required for individuals whose
  participation in such activities is incidental and does not present more
  than a de minimis risk of exposure to lead. The Administrator may waive
  the requirement that individuals have received such training for a period
  not in excess of 1 year after the effective date of such standards in any
  area if the Administrator determines that accredited training programs are
  not sufficiently available in such area. The Administrator shall publish
  an explanation of the reasons for such determination.
  `(5) COMPLIANCE WITH LICENSING REQUIREMENT AND STANDARDS- Not later than
  2 years after the establishment of a licensing program under paragraph (3)
  for any category of lead-based paint abatement contractors, no contractor
  in such category may carry out any lead-based paint abatement activity
  unless such contractor has applied for a license under such program and
  unless such contractor complies with the standards referred to in paragraph
  (4). After the date 6 months after the date on which a lead-based paint
  abatement contractor applies for such a license, it shall be unlawful for
  the contractor to carry out lead-based paint abatement activity unless the
  Administrator (or the State in the case of an authorized State program)
  has (A) issued the contractor a license under such program or (B) failed
  to act on the license application. Upon issuance of a license under such
  a program to any lead-based paint abatement contractor, such contractor
  shall comply with the terms of the license.
 [Struck out->]   `(6) INTERIM GUIDELINES- Not later than 90 days after
 the enactment of this title, the Administrator shall issue interim worker
 protection guidelines for lead-based paint abatement contractors as
 recommended in the Department of Housing and Urban Development guidelines
 published at Federal Register 55, page 38973 (September 28, 1990) (Revised
 Chapter 8). []   `(b) NIEHS RESPONSIBILITIES-  []   `(1) TRAINING GRANT PROGRAM- (A) Grants for the training and
 education of workers and supervisors who are or may be directly engaged in
 lead-based paint abatement activities shall be administered by the National
 Institute of Environmental Health Sciences (hereinafter in this subsection
 referred to as the `NIEHS'). []   `(B) Grants made under this section shall be awarded to
 nonprofit organizations-- []   `(i) which are engaged in the training and education of
 workers and supervisors who are or who may be directly engaged in lead-based
 paint abatement activities, []   `(ii) which have demonstrated experience in implementing
 and operating health and safety lead-based paint abatement training and
 education programs, and []   `(iii) with a demonstrated ability to reach, and involve in
 lead-based paint training programs, target populations of individuals who are
 or will be engaged in lead-based paint abatement activities. [] Grants shall be awarded only to those organizations that fund
 at least 30 percent of their lead-based paint abatement training programs
 from non-Federal sources, excluding in-kind contributions. Grants may also
 be made to municipalities to carry out such training and education for
 their employees. []   `(C) From the amounts authorized to be appropriated to carry
 out this title, at a minimum, $5,000,000 are authorized to be appropriated
 for each of the fiscal years 1994 through 1997 to make grants under this
 paragraph. []   `(2) CONSULTATION- The Administrator shall consult with
 the NIEHS prior to proposing, establishing, or revising any accreditation
 requirements under this section. []   `(3) EVALUATION OF PROGRAMS- NIEHS shall conduct periodic
 and comprehensive assessments of the efficacy of the worker and supervisor
 training programs developed and offered by the NIEHS training grantees. The
 Director shall prepare reports on the results of these assessments addressed
 to the Administrator to include recommendations as may be appropriate for the
 revision of these programs. From the amounts authorized to implement this
 title, $500,000 is authorized to be appropriated to the NIEHS for each of
 the fiscal years 1994 through 1997 to carry out this paragraph. []   `(b) COVERED DAY CARE CENTERS-  []   `(1) INSPECTION- Not later than 2 years after the date of
 enactment of the Lead Exposure Reduction Act of 1992, the Administrator
 shall promulgate a rule requiring the owner or operator of each covered
 day care center to conduct, within 2 years after such promulgation, an
 inspection of each room and playground area at the covered day care center
 in either daily or significant use by children in kindergarten or by younger
 children to detect any lead hazard in such rooms or playground areas, and
 prepare a report containing the results of such inspection. For purposes
 of this subsection, `significant use' means use by more than 1 child at
 least twice per week, and at least for 2 hours per week. []   `(2) NOTIFICATION- (A) In each case in which an inspection
 under paragraph (1) indicates the presence of a lead hazard at a covered
 day care center, the owner or operator of the covered day care center shall,
 within 180 days after receiving the report under paragraph (1), provide all
 teachers and other day care center personnel and parents (or guardians) of
 all children attending the covered day care center concerned with a copy
 of risk disclosure information meeting the requirements of subparagraph
 (B). The owner or operator of the covered day care center shall also provide
 such risk disclosure information to newly hired teachers and other personnel
 and parents (or guardians) of newly enrolled children for so long as the lead
 hazard continues to be present at the covered day care center. []   `(B) As part of the rule required under paragraph (1),
 the Administrator shall prescribe the contents of the risk disclosure
 information to be provided. Such information shall include each of the
 following: []   `(i) A summary of the results of the inspection under
 paragraph (1). []   `(ii) A description of the risks of lead exposure to children
 in kindergarten and younger children and teachers and other personnel at
 the day care center concerned, taking into account the accessibility of
 the lead hazard to children under 6 years of age and other appropriate
 factors. []   `(iii) A description of any lead abatement undertaken,
 or to be undertaken, by the owner or operator concerned. []   `(C) An owner or operator of a covered day care center
 may provide the risk disclosure information to the parents (or guardians)
 of the children attending the covered day care center concerned in the
 same manner as written materials are regularly delivered to such parents
 (or guardians). []   `(3) ABATEMENT IN LIEU OF NOTIFICATION- An owner or operator
 of a covered day care center shall not be required to provide notification
 under paragraph (2) if, prior to the date on which such notification would be
 required, the owner or operator performs abatement, conducts a reinspection,
 and obtains a report showing that the lead hazard has been abated such that
 it no longer constitutes a lead hazard. An owner or operator that elects
 to perform abatement under this subsection in lieu of notification under
 paragraph (2) shall make a copy of the inspection reports available in
 its administrative offices and shall notify parent, teacher, and employee
 organizations of the availability of such reports. []   `(d) FINANCIAL ASSISTANCE-  []   `(1) ASSISTANCE PROGRAM- There is hereby established
 within the Environmental Protection Agency a Lead Hazard Abatement
 Assistance Program, which shall be administered in accordance with this
 subsection. []   `(2) APPLICATIONS FOR ASSISTANCE- Applications for financial
 assistance for-- []   `(A) testing for, and abating, lead-based paint, and
 interior dust or exterior soil containing a dangerous level of lead, as
 identified under section 423, in covered schools, and []   `(B) testing for, and abating, lead hazards at covered
 day care centers [] shall be submitted by owners or operators of covered
 schools and covered day care centers to the Governor, or the Governor's
 designee. []   `(3) GOVERNOR'S SUBMISSION AND PRIORITY LIST- Each year,
 in accordance with procedures established by the Administrator, the Governor
 of each State shall-- []   `(A) forward to the Administrator all applications for
 financial assistance received by the Governor, and []   `(B) submit with such applications a priority list ranking,
 without regard to the public or private nature of the owner or operator
 involved, the applications for financial assistance. [] In preparing the priority list, the Governor shall take into
 account financial need, the health risks involved, and other appropriate
 factors. []   `(4) AWARD OF FINANCIAL ASSISTANCE- The Administrator
 shall award financial assistance to applicants under this subsection. In
 awarding such assistance, the Administrator shall take into account the
 priority lists of the Governors, financial need, the health risks involved,
 and other appropriate factors. []   `(5) AUTHORIZATION- There are authorized to be appropriated
 for each of the 4 consecutive fiscal years commencing with fiscal year 1994,
 $30,000,000 to carry out this subsection. [] `SEC. 1465. FEDERAL ASSISTANCE REGARDING LEAD CONTAMINATION
 IN SCHOOL DRINKING WATER. []   `(a) ASSISTANCE PROGRAM- There is hereby established within
 the Environmental Protection Agency a Lead in School and Day Care Drinking
 Water Assistance Program, which shall be administered in accordance with
 this section. []   `(b) APPLICATIONS FOR ASSISTANCE- Applications for
 financial assistance for testing for, and remedying, lead contamination
 in drinking water from drinking water coolers and from other sources of
 lead contamination at schools under the jurisdiction of local education
 agencies and at day care facilities shall be submitted by such agencies
 and by the owners and operators of day care facilities to the Governor,
 or the Governor's designee. []   `(c) GOVERNOR'S SUBMISSION AND PRIORITY LIST- Each year,
 in accordance with procedures established by the Administrator, the Governor
 of each State shall-- []   `(1) forward to the Administrator all applications for
 financial assistance received by the Governor, and []   `(2) submit with such applications a priority list ranking
 without regard to the public or private nature of the agency or owner or
 operator involved, the applications for financial assistance. [] In preparing the priority list, the Governor shall take into
 account financial need, the health risks involved, and other appropriate
 factors. []   `(d) AWARD OF FINANCIAL ASSISTANCE- The Administrator shall
 award financial assistance to applicants. In awarding such assistance,
 the Administrator shall take into account the priority lists of the
 Governors, financial need, the health risks involved, and other appropriate
 factors. []   `(e) AUTHORIZATION- There are authorized to be appropriated
 for each of the 4 consecutive fiscal years commencing with fiscal year  1994,
 $30,000,000 to carry out this section.'. [