I 

116TH CONGRESS 

1ST SESSION H. R. 4011 

To amend the Internal Revenue Code of 1986 to require lead remediation 

for qualified opportunity zone property originally constructed before January 1, 1978. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. CUMMINGS (for himself and Ms. TLAIB) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to require 

lead remediation for qualified opportunity zone property 

originally constructed before January 1, 1978. 

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 ‘‘Opportunity Zone 

5 Lead Remediation Impact Act of 2019’’. 

6 SEC. 2. LEAD REMEDIATION REQUIREMENTS FOR QUALI7 FIED OPPORTUNITY FUNDS. 

8 (a) LEAD REMEDIATION REQUIREMENTS FOR PRE9 1978 PROPERTY.—Section 1400Z–2(d)(2)(D) of the InVerDate Sep 11 2014 19:24 Aug 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011

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1 ternal Revenue Code of 1986 is amended by adding at the 

2 end the following new clause: 

3 ‘‘(iv) LEAD REMEDIATION REQUIRE4 MENTS FOR PRE-1978 PROPERTY.—For 

5 purposes of subparagraph (A)(ii), no resi6 dential property originally constructed be7 fore January 1, 1978, shall be treated as 

8 substantially improved by the qualified op9 portunity zone fund unless, after improve10 ment— 

11 ‘‘(I) such property contains no 

12 painted surfaces that exceed the levels 

13 described in section 302(c) of the 

14 Lead-Based Paint Poisoning and Pre15 vention Act, and 

16 ‘‘(II) any pipes and fixtures of 

17 such property are lead free (as such 

18 term is defined in section 1417 of the 

19 Safe Water Drinking Act).’’. 

20 (b) DONATION OF OPPORTUNITY FUND ASSETS.— 

21 Section 1400Z–2(d)(1) Internal Revenue Code of 1986 is 

22 amended by striking ‘‘that holds’’ and all that following 

23 through the period at the end and inserting the following: 

24 ‘‘that— 


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1 ‘‘(A) holds at least 88 percent of its assets 

2 in qualified opportunity zone property, deter3 mined by the average of the percentage of 

4 qualified opportunity zone property held in the 

5 fund as measured— 

6 ‘‘(i) on the last day of the first 6- 

7 month period of the taxable year of the 

8 fund, and 

9 ‘‘(ii) on the last day of the taxable 

10 year of the fund, and 

11 ‘‘(B) donates not less than 2 percent of 

12 amounts invested in such fund for use for reme13 diation of lead hazards in paint, dust, soil, and 

14 drinking water in residential properties, non15 residential buildings housing child care facilities 

16 (within the meaning of section 305 of the Toxic 

17 Substances Control Act), or school facilities 

18 (within the meaning of section 501 of such Act) 

19 in a qualified opportunity zone.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this Act shall apply to capital gains realized in taxable 

22 years beginning after the date of the enactment of this 

23 Act. 

Æ 


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