II

103D CONGRESS

1ST SESSION S. 1347

To impose an excise tax on lead and lead products, to create a Lead Abatement Trust Fund, and to create a program under which States and

certain political subdivisions thereof receive grants from such Trust

Fund, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JUNE 30), 1993

Mr. BRADLEY introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To impose an excise tax on lead and lead products, to create

a Lead Abatement Trust Fund, and to create a program

under which States and certain political subdivisions

thereof receive grants from such Trust Fund, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Lead Abatement Trust

5 Fund Act of 1993’’.
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•S 1347 IS

1 SEC. 2. EXCISE TAX ON LEAD AND LEAD PRODUCTS.

2 (a) IN GENERAL.—Chapter 38 of the Internal Reve3 nue Code of 1986 (relating to environmental taxes) is

4 amended by adding at the end thereof the following new

5 subchapter:

6 ‘‘Subchapter E—Lead and Lead Products

7 ‘‘SEC. 4686. LEAD AND LEAD PRODUCTS.

8 ‘‘(a) GENERAL RULE; RATE.—There is hereby im9 posed a tax of 45 cents per pound on—

10 ‘‘(1) lead removed from any United States

11 smelter, and

12 ‘‘(2) lead, and lead in any taxable lead product,

13 entered into the United States for consumption, use,

14 or warehousing.

15 ‘‘(b) LIABILITY FOR TAX.—

16 ‘‘(1) REMOVAL.—The tax imposed by sub17 section (a)(1) shall be paid by the operator of the

18 United States smelter.

19 ‘‘(2) IMPORTATION.—The tax imposed by sub20 section (a)(2) shall be paid by the person entering

21 the lead or taxable lead product into the United

22 States for consumption, use, or warehousing.

23 ‘‘(c) DEFINITIONS.—For purposes of this subchapter:

24 ‘‘(1) PRIMARY LEAD.—The term ‘primary lead’

25 means lead that has not been previously used in any

26 finished or unfinished product.
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1 ‘‘(2) SECONDARY LEAD.—The term ‘secondary

2 lead’ means lead that has been previously used in

3 any finished or unfinished product.

4 ‘‘(3) TAXABLE LEAD PRODUCTS.—The term

5 ‘taxable lead products’ means any product with more

6 than one percent of the dry weight of which is at7 tributable to lead or which contains more than five

8 pounds of lead.

9 ‘‘(4) UNITED STATES SMELTER.—The term

10 ‘United States smelter’ means any facility in the

11 United States at which primary or secondary lead is

12 smelted.

13 ‘‘(d) CREDIT OR REFUND FOR EXPORTS OF LEAD

14 OR TAXABLE LEAD PRODUCTS.—

15 ‘‘(1) IN GENERAL.—If—

16 ‘‘(A) tax was imposed by this section with

17 respect to any lead, and

18 ‘‘(B)(i) such lead was exported by any

19 person, or

20 ‘‘(ii) such lead was used as a material in

21 the manufacture or production of any taxable

22 lead product which was exported by any person,

23 credit or refund (without interest) shall be allowed

24 or made to the person who paid such tax.
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1 ‘‘(2) CONDITIONS OF ALLOWANCE.—Rules simi2 lar to the rules of section 4662(e)(2)(B) shall apply

3 for purposes of this subsection.

4 ‘‘(3) REFUNDS DIRECTLY TO EXPORTER.—

5 Rules similar to the rules of section 4662(e)(3) shall

6 apply for purposes of this subsection.

7 ‘‘(e) NO TAX IF FUND’S UNOBLIGATED BALANCE

8 EXCEEDS $2,500,000,000.—If, on October 1 of any cal9 endar year, the unobligated balance in the Lead Abate10 ment Trust Fund exceeds $2,500,000,000, then no tax

11 shall be imposed under this section during the following

12 calendar year.’’

13 (b) CLERICAL AMENDMENT.—The table of sub14 chapters for chapter 38 of such Code is amended by add15 ing at the end thereof the following new item:

‘‘SUBCHAPTER E—Lead or lead products.’’

16 SEC. 3. LEAD ABATEMENT TRUST FUND.

17 (a) IN GENERAL.—Subchapter A of chapter 98 of the

18 Internal Revenue Code of 1986 (relating to trust funds)

19 is amended by adding at the end thereof the following new

20 section:

21 ‘‘SEC. 9512. LEAD ABATEMENT TRUST FUND.

22 ‘‘(a) CREATION OF TRUST FUND.—There is hereby

23 established in the Treasury of the United States a trust

24 fund to be known as the ‘Lead Abatement Trust Fund’,
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•S 1347 IS

1 consisting of such amounts as may be credited to such

2 trust fund as provided in this section or section 9602(b).

3 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here4 by credited to the Lead Abatement Trust Fund amounts

5 equivalent to the taxes received in the Treasury of the

6 United States under section 4686 (relating to taxes on

7 lead and lead products).

8 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts

9 in the Lead Abatement Trust Fund shall be available, as

10 provided in appropriations Acts, for purposes of making

11 grants pursuant to the provisions of the Lead Abatement

12 Trust Fund Act of 1993, and shall not be available for

13 any other purposes.’’

14 (b) CLERICAL AMENDMENT.—The table of sections

15 for such subchapter A is amended by adding at the end

16 thereof the following new item:

‘‘Sec. 9512. Lead Abatement Trust Fund.’’

17 SEC. 4. AUTHORIZATION OF SPENDING FROM LEAD ABATE18 MENT TRUST FUND.

19 There is hereby authorized to be appropriated funds

20 from the Lead Abatement Trust Fund for the purpose of

21 evaluating and reducing lead-based paint hazards in ac22 cordance with title X of the Housing and Community De23 velopment Act of 1992.

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