I

103D CONGRESS

1ST SESSION H. R. 2479

To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992

to establish an entitlement of States and certain political subdivisions

of States to receive grants from the Secretary of Housing and Urban

Development for the abatement of health hazards associated with leadbased paint, and to amend the Internal Revenue Code of 1986 to impose

an excise tax and establish a trust fund to satisfy the Federal obligations

arising from such entitlement.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mr. CARDIN (for himself, Mr. RANGEL, Mr. SERRANO, Mr. TOWNS, Mrs.

SCHROEDER, Mr. WAXMAN, and Mr. MFUME) introduced the following

bill; which was referred jointly to the Committees on Banking, Finance

and Urban Affairs and Ways and Means

NOVEMBER 10, 1993

Additional sponsors: Ms. PELOSI, Mr. DELLUMS, Mr. HINCHEY, Mrs.

UNSOELD, Ms. NORTON, Mr. OWENS, Mr. ENGEL, Mr. GUTIERREZ, Mr.

STOKES, Mr. YATES, Mr. BACCHUS of Florida, Mr. STARK, Mr. MILLER

of California, Mr. VELA ́ZQUEZ, Mr. FOGLIETTA, Mr. ACKERMAN, Mr.

TUCKER, Mr. VENTO, Mr. WYNN, Mr. RUSH, and Mr. BERMAN

A BILL

To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 to establish an entitlement of States

and certain political subdivisions of States to receive

grants from the Secretary of Housing and Urban Development for the abatement of health hazards associated

with lead-based paint, and to amend the Internal Revenue Code of 1986 to impose an excise tax and establish
2

•HR 2479 SC

a trust fund to satisfy the Federal obligations arising

from such entitlement.

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-Based Paint

5 Hazard Abatement Trust Fund Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) deteriorating lead-based paint is currently

9 the principal source of moderate to high lead expo10 sures for American children;

11 (2) such exposures significantly impair intellec12 tual abilities, reading skills, attention span, and edu13 cational attainment, and cause other adverse effects;

14 (3) millions of low- and moderate-income dwell15 ings contain serious lead-based paint hazards, in16 cluding high levels of lead in surface dust, chipping

17 or peeling lead-based paint, and lead-based paint on

18 surfaces subject to mouthing by children or wear by

19 friction;

20 (4) the cost of abating such hazards in owner21 occupied homes typically exceeds the financial re22 sources available to low-income homeowners;

23 (5) the cost of abating lead-based paint hazards

24 in low-income rental housing far exceeds existing re-
3

•HR 2479 SC

1 sources available for such housing and such hazards

2 will severely limit the supply of inhabitable afford3 able housing unless assistance is provided for abate4 ment;

5 (6) the cost of abating lead-based paint hazards

6 in child care facilities far exceeds existing resources

7 available for such facilities and such hazards will se8 verely limit the supply of safe and affordable child

9 care unless assistance is provided for abatement;

10 (7) State and local governments lack adequate

11 resources to finance lead-based paint hazard reduc12 tion needs;

13 (8) although the Residential Lead-Based Paint

14 Hazard Reduction Act of 1992 and other Federal

15 statutes establish an appropriate framework for reg16 ulation of lead-hazard evaluation and reduction ac17 tivities and programs, there remains an urgent need

18 for additional funding for abating lead-based paint

19 hazards in both rental and owner-occupied low-in20 come housing and child care centers; and

21 (9) a dedicated source of funding for lead-based

22 paint hazard reduction is needed to provide continu23 ity of abatement programs during the next decade,

24 particularly because of the substantial immediate
4

•HR 2479 SC

1 and medium-term fiscal obligations of the Federal

2 Government.

3 (b) PURPOSES.—The purposes of this Act are—

4 (1) to provide consistent and adequate funding

5 for abatement of serious lead-based paint hazards in

6 low-income housing and child care centers;

7 (2) to ensure that abatements conducted using

8 amounts provided pursuant to this Act are safe and

9 cost-effective; and

10 (3) to enhance the supply of affordable, lead11 safe housing and child care centers in the United

12 States.

13 SEC. 3. ENTITLEMENT PROGRAM OF FORMULA GRANTS

14 FOR ABATEMENT OF LEAD-BASED PAINT HAZ15 ARDS.

16 (a) IN GENERAL.—Title X of the Housing and Com17 munity Development Act of 1992 (42 U.S.C. 4851 et seq.)

18 is amended—

19 (1) by redesignating section 1061 as section

20 1081;

21 (2) by redesignating subtitle E as subtitle F;

22 and

23 (3) by inserting after section 1056 the following

24 new subtitle:
5

•HR 2479 SC

1 ‘‘Subtitle E—Entitlement Program

2 for Formula Grants for Lead3 Based Paint Hazard Reduction

4 ‘‘SEC. 1061. ALLOTMENTS FOR STATES AND CERTAIN POLIT5 ICAL SUBDIVISIONS.

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) STANDARD ALLOTMENTS.—The Secretary

8 of Housing and Urban Development shall, for fiscal

9 year 1994 and each subsequent fiscal year, make a

10 standard allotment for each eligible public entity in

11 the amount determined in accordance with section

12 1069(b).

13 ‘‘(2) TOTAL ALLOTMENTS.—The Secretary

14 shall, for each of such years, make a total allotment

15 for each eligible public entity for which the amount

16 of the standard allotment for such entity for the

17 year exceeds $250,000. The amount of the total al18 lotment shall be determined in accordance with sec19 tion 1069(a).

20 ‘‘(3) GRANTS.—For the purposes described in

21 section 1064, in each of such fiscal years, the Sec22 retary shall make a grant, from amounts in the

23 Lead Abatement Trust Fund established in section

24 9512 of the Internal Revenue Code of 1986, to each

25 eligible public entity for which a total allotment is
6

•HR 2479 SC

1 made of the total allotment made for the entity for

2 such year.

3 ‘‘(4) INELIGIBILITY BECAUSE OF INSUFFICIENT

4 STANDARD ALLOTMENT.—If the amount of the

5 standard allotment for an eligible public entity is

6 equal to or less than $250,000, the entity shall not

7 receive a grant under this section for the fiscal year

8 and the standard allotment for the entity shall be

9 terminated for the fiscal year.

10 ‘‘(b) ELIGIBLE PUBLIC ENTITIES.—For purposes of

11 this subtitle, the term ‘eligible public entity’ means any

12 public entity that—

13 ‘‘(1) submits to the Secretary for the fiscal year

14 involved a plan in accordance with section 1067(a)

15 that is approved by the Secretary under section

16 1067(b);

17 ‘‘(2) is—

18 ‘‘(A) a State;

19 ‘‘(B) a city that has a population of

20 100,000 or more individuals;

21 ‘‘(C) an urban county (excluding the popu22 lation of any such city therein that has so sub23 mitted such a plan); or
7

•HR 2479 SC

1 ‘‘(D) a consortium of smaller communities

2 that are not entities described in subparagraph

3 (A), (B), or (C) that—

4 ‘‘(i) submits the plan under section

5 1067(a) as a consortium; and

6 ‘‘(ii) meets such other requirements as

7 the Secretary may establish;

8 ‘‘(3) has an authorized program under section

9 404 of the Toxic Substances Control Act, or is lo10 cated in a State that has such a program;

11 ‘‘(4) has submitted to the Secretary a com12 prehensive housing affordability strategy under sec13 tion 105 of the Cranston-Gonzalez National Afford14 able Housing Act that includes the information re15 quired by section 105(b)(16) of such Act (as added

16 by section 1014 of the Housing and Community De17 velopment Act of 1992, Public Law 102–550, relat18 ing to information on lead-based paint hazards) and

19 has not had such strategy disapproved for the year

20 involved because of failure to provide sufficient in21 formation under such section 105(b)(16); and

22 ‘‘(5) for any public entity that is a city or

23 urban county, has in effect, for the entire jurisdic24 tion of the public entity, local lead-based paint laws.
8

•HR 2479 SC

1 ‘‘SEC. 1062. LEAD ABATEMENT TRUST FUND; ENTITLEMENT

2 STATUS OF GRANTS.

3 ‘‘(a) TRUST FUND.—The Secretary shall make

4 grants under section 1061 only from amounts in the Lead

5 Abatement Trust Fund established in section 9512 of the

6 Internal Revenue Code of 1986. Any amounts in the Fund

7 on October 1 of a fiscal year that remain after amounts

8 are reserved pursuant to section 1072 shall be allotted for

9 the grants in accordance with section 1061. Any amounts

10 credited to the Fund during the period of such fiscal year

11 occurring after October 1 shall not be available for allot12 ment during such period.

13 ‘‘(b) ENTITLEMENT STATUS.—

14 ‘‘(1) IN GENERAL.—Subject to subsection (c),

15 each eligible public entity is entitled to payment of

16 the grant required by section 1061 for fiscal year

17 1994 and each subsequent fiscal year.

18 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

19 may not be construed to establish, with respect to

20 this section, an entitlement of any individual to have

21 carried out on behalf of the individual any activity

22 authorized in section 1064.

23 ‘‘(c) LIMITATIONS.—An entitlement is established

24 pursuant to section 1061 for a fiscal year for an eligible

25 public entity—
9

•HR 2479 SC

1 ‘‘(1) only to the extent that there are amounts

2 in the Fund and only to the extent of the amount

3 of the total allotment made under such section for

4 the entity;

5 ‘‘(2) only to the extent of the Federal payments

6 corresponding to the amount of non-Federal con7 tributions made by the entity under section 1063;

8 ‘‘(3) only if section 1061(a)(4) has not termi9 nated the standard allotment for the entity; and

10 ‘‘(4) only if subsection (d) has not terminated

11 the availability of the grant made from the total al12 lotment.

13 ‘‘(d) AVAILABILITY OF GRANT.—With respect to the

14 24-month period beginning on the date on which a grant

15 under section 1061 for a fiscal year becomes available to

16 an eligible public entity, any portion of the grant that is

17 not obligated by the entity before the expiration of such

18 period shall lapse into the Fund and be available for

19 grants under such subsection for the following fiscal year.

20 ‘‘SEC. 1063. REQUIREMENT OF MATCHING FUNDS.

21 ‘‘(a) IN GENERAL.—The Secretary may not make a

22 grant under section 1061 for a fiscal year to an eligible

23 public entity unless the public entity agrees, with respect

24 to the costs of the program to be carried out in such year

25 by the entity pursuant to such section, to make available
10

•HR 2479 SC

1 (directly or through donations from public or private enti2 ties) non-Federal contributions toward such costs in an

3 amount that is not less than 10 percent of such costs.

4 ‘‘(b) DETERMINATION OF AMOUNT OF NON-FED5 ERAL CONTRIBUTION.—Non-Federal contributions re6 quired in subsection (a) may be in cash or in kind, fairly

7 evaluated, including plant, equipment, or services.

8 Amounts provided by the Federal Government, or services

9 assisted or subsidized to any significant extent by the Fed10 eral Government, may not be included in determining the

11 amount of such non-Federal contributions.

12 ‘‘SEC. 1064. USE OF GRANTS.

13 ‘‘(a) IN GENERAL.—Grant amounts under section

14 1061 may be used—

15 ‘‘(1) to perform risk assessments and inspec16 tions in eligible facilities;

17 ‘‘(2) to provide for the abatement of lead-based

18 paint hazards in eligible facilities;

19 ‘‘(3) to provide for the additional cost of abate20 ment of lead-based paint hazards in eligible facilities

21 undergoing renovation funded by other sources;

22 ‘‘(4) with respect to common areas in residen23 tial structures containing eligible residential units

24 and dwelling units that are not eligible residential

25 units, to perform risk assessments and inspections,
11

•HR 2479 SC

1 to provide for the abatement of lead-based paint

2 hazards, and to provide for the additional cost of

3 abatement of lead-based paint hazards in such struc4 tures undergoing renovation funded by sources other

5 than this subtitle; except that the ratio of the grant

6 amounts used with respect to a structure for pur7 poses under this paragraph to the total cost of the

8 risk assessments, inspections, and abatement for

9 common areas of the structure may not exceed the

10 ratio of the number of eligible residential units in

11 the structure to the number of dwelling units in the

12 structure that are not eligible residential units;

13 ‘‘(5) to ensure that risk assessments, inspec14 tions, and abatements are carried out by certified

15 contractors in accordance with section 402 of the

16 Toxic Substances Control Act;

17 ‘‘(6) to monitor the blood-lead levels of workers

18 involved in lead hazard abatement activities funded

19 with grant amounts;

20 ‘‘(7) to test soil, interior surface dust, and the

21 blood-lead levels of children who are less than 6

22 years of age residing in eligible residential units

23 after lead-based paint hazard abatement activity has

24 been conducted, to assure that such activity does not

25 cause excessive exposures to lead;
12

•HR 2479 SC

1 ‘‘(8) to train employees and nonprofit contrac2 tors of eligible public entities conducting activities

3 funded with grant amounts to conduct such activi4 ties, except that such training shall be provided

5 through training providers accredited under sections

6 402 and 404 of the Toxic Substances Control Act;

7 ‘‘(9) to assist in the temporary relocation of oc8 cupants of eligible residential units while lead hazard

9 abatement activities are being conducted for such

10 units;

11 ‘‘(10) to acquire, renovate, and maintain tem12 porary housing for low-income occupants of eligible

13 residential units while lead hazard abatement activi14 ties are being conducted for such units;

15 ‘‘(11) to undertake emergency measures;

16 ‘‘(12) only if expressly authorized by regula17 tions issued by the Secretary—

18 ‘‘(A) to perform risk assessment, inspec19 tion, and abatement activities in dwelling units

20 that are not eligible residential units but are

21 undergoing renovation pursuant to which they

22 will be made available for occupancy subject to

23 provisions of section 1066 that apply to eligible

24 residential units;
13

•HR 2479 SC

1 ‘‘(B) to assist in the permanent relocation

2 of families with children who are less than 6

3 years of age and have elevated blood levels; or

4 ‘‘(C) to conduct activities to prevent deg5 radation of lead-based paint, including activities

6 to control moisture; and

7 ‘‘(13) to carry out such other activities that the

8 Secretary determines, by regulation, are appropriate

9 to promote the purposes of this subtitle.

10 ‘‘(b) FORMS OF ASSISTANCE.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 grant amounts under section 1061 may be used to

13 carry out activities under subsection (a) through a

14 variety of programs, including direct provision of

15 such services, grants, loans, equity investments, re16 volving loan funds, loan funds, loan guarantees, in17 terest write-downs, and other forms of assistance ap18 proved by the Secretary.

19 ‘‘(2) REQUIREMENTS FOR GRANTS BY STATES

20 TO UNITS OF GENERAL LOCAL GOVERNMENT.—A

21 State may not provide a grant to any public entity

22 or other unit of general local government using

23 grant amounts under section 1061 unless such en24 tity or unit has a local lead-based paint law in effect

25 for its entire jurisdiction. This paragraph may not
14

•HR 2479 SC

1 be construed to limit the use of grant amounts

2 under section 1061 to provide assistance in any form

3 authorized under paragraph (1) other than such

4 grants.

5 ‘‘SEC. 1065. REQUIREMENTS OF ELIGIBLE PUBLIC ENTI6 TIES.

7 ‘‘(a) COMPLIANCE WITH PLAN.—Grant amounts

8 may be expended by the eligible public entity receiving the

9 grant only in accordance with the plan for the entity ap10 proved by the Secretary under section 1067.

11 ‘‘(b) CERTIFICATION OF PERSONNEL AND COMPLI12 ANCE.—Grant amounts may not be expended for risk-as13 sessment, inspection, or abatement activities unless the el14 igible public entity ensures that the individuals conducting

15 such activities have been certified in accordance with the

16 requirements of section 402 of the Toxic Substances Con17 trol Act.

18 ‘‘(c) LIMITATION OF ADMINISTRATIVE EXPENSES.—

19 Not more than 10 percent of a grant under section 1061

20 may be used for administrative expenses associated with

21 the activities under section 1064(a).

22 ‘‘(d) LIMITATION ON EMERGENCY MEASURES.—Not

23 more than 20 percent of a grant under section 1061 may

24 be used to undertake emergency measures.
15

•HR 2479 SC

1 ‘‘(e) PROHIBITION OF SUBSTITUTION OF FUNDS.—

2 Grant amounts may not be used to replace other amounts

3 made available or designated by State or local govern4 ments for use for the purposes under section 1064(a).

5 ‘‘(f) FINANCIAL RECORDS.—An eligible public entity

6 that receives a grant under section 1061 shall maintain

7 any financial records that the Secretary shall require to

8 ensure proper accounting and disbursing of grant

9 amounts, and shall provide such records to the Secretary

10 upon request.

11 ‘‘(g) USE OF AMOUNTS TO ASSIST SMALL BUSI12 NESSES.—Notwithstanding section 1064, not more than

13 1 percent of a grant under section 1061 may be used to

14 provide assistance or incentives to nonprofit organizations

15 and small businesses, which have 10 or fewer employees

16 (or such other number of employees as the Secretary pro17 vides by regulation), to encourage such organizations and

18 businesses to obtain or engage in work involving perform19 ing risk assessments and inspections, conducting lead haz20 ard abatement activities, or conducting emergency meas21 ures and to assist such businesses or organizations to ob22 tain such work.
16

•HR 2479 SC

1 ‘‘SEC. 1066. CONTINUED USE OF ELIGIBLE RESIDENTIAL

2 UNITS AS AFFORDABLE HOUSING.

3 ‘‘(a) AFFORDABLE HOUSING REQUIREMENT.—For

4 the duration of the period described in subsection (b), any

5 eligible residential unit for which abatement activities are

6 carried out with grant amounts shall—

7 ‘‘(1) in the case of a rental dwelling unit—

8 ‘‘(A) bear a rent (not including any utility

9 charges) that does not exceed the fair market

10 rental established by the Secretary under sec11 tion 8 of the United States Housing Act of

12 1937 and applicable to a unit in the area of

13 comparable size and type; and

14 ‘‘(B) not be refused for leasing to a holder

15 of a voucher or certificate of eligibility under

16 section 8 of the United States Housing Act of

17 1937 because of the status of the prospective

18 tenant as a holder of such voucher or certificate

19 of eligibility; or

20 ‘‘(2) in the case of a unit that is occupied by

21 the owner of the unit or for which the family that

22 will occupy the unit has entered into a contract to

23 purchase the unit, be occupied by a family—

24 ‘‘(A) whose members include (I) a child

25 who is less than 6 years of age, or (II) a preg26 nant female; and
17

•HR 2479 SC

1 ‘‘(B) that is a low-income family.

2 ‘‘(b) APPLICABLE PERIOD.—For any eligible residen3 tial unit involved, the period referred to in subsection (a)

4 is the period beginning upon the date that post-abatement

5 clearance testing is satisfactorily completed and consisting

6 of a number of consecutive months equal to the quotient

7 resulting from dividing by 85.0 the amount of grant

8 amounts expended for the unit.

9 ‘‘(c) AGREEMENT AND LIEN.—

10 ‘‘(1) AGREEMENT.—Grant amounts may be ex11 pended for abatement activities for an eligible resi12 dential unit only if, before the commencement of the

13 activities, the eligible public entity receiving the

14 grant has made reasonable efforts to enter into an

15 agreement with the owner of the unit that—

16 ‘‘(A) provides for the abatement activities

17 to be carried out;

18 ‘‘(B) establishes a lien under paragraph

19 (3) on the unit to secure compliance with sub20 section (a); and

21 ‘‘(C) provides penalties for the breach of

22 the agreement, as the Secretary determines ap23 propriate.

24 ‘‘(2) NONCONSENSUAL LIEN.—In any case in

25 which the eligible public entity involved is unable to
18

•HR 2479 SC

1 enter into an agreement under paragraph (1) with

2 the owner of any eligible residential unit, the ex3 penditure of any grant amounts for abatement ac4 tivities for the unit shall create a lien under para5 graph (3).

6 ‘‘(3) TERMS OF LIEN.— A lien under this para7 graph shall be in the amount of the expenditures

8 made with grant amounts for abatement activities

9 carried out with respect to the unit, with the eligible

10 public entity as the holder of the lien.

11 ‘‘(d) RECOVERY OF GRANT AMOUNTS.—

12 ‘‘(1) AUTHORITY.—If, at any time during the

13 period described in subsection (b), an eligible resi14 dential unit for which grants amounts were ex15 pended for abatement activities does not comply with

16 the requirements under subsection (a), the eligible

17 public entity or the Secretary may recover from the

18 owner of the structure all or part of the expendi19 tures of the grant made for abatement activities con20 ducted with respect to the unit, together with inter21 est on such amounts. Such interest shall be cal22 culated from the date of initial noncompliance with

23 the requirements under subsection (a) at a rate

24 equal to the coupon issue yield equivalent (as deter25 mined by the Secretary of the Treasury) of the aver-
19

•HR 2479 SC

1 age accepted auction price for the last auction of 52-

2 week United States Treasury bills settled imme3 diately prior to the date of the recovery.

4 ‘‘(2) CAUSE OF ACTION.—An eligible public en5 tity or the Secretary may bring an action in any

6 court of competent jurisdiction to collect grant

7 amounts and interest under this section.

8 ‘‘(3) AWARD OF COSTS.—In any action brought

9 by an eligible entity or the Secretary to recover such

10 amounts, if the entity or Secretary prevails or sub11 stantially prevails in such action, the court shall

12 award the costs of litigation (including reasonable

13 attorneys and expert witness fees) if the court deter14 mines such an award is appropriate.

15 ‘‘(4) USE OF RECOVERED AMOUNTS.—Any

16 amounts recovered by an eligible public entity pursu17 ant to this subsection shall be treated as amounts

18 provided to the entity in a grant under section 1061

19 and shall be subject to the provisions of this subtitle

20 applicable to such grant amounts. Any amounts re21 covered by the Secretary pursuant to this subsection

22 shall be made available and used in accordance with

23 section 9512 of the Internal Revenue Code of 1986

24 (relating to the Lead Abatement Trust Fund).
20

•HR 2479 SC

1 ‘‘SEC. 1067. PLAN REGARDING ACTIVITIES OF GRANTEE.

2 ‘‘(a) REQUIREMENTS.—With respect to a grant

3 under section 1061 for a public entity for a fiscal year,

4 a plan is in accordance with this section only if the follow5 ing requirements are met:

6 ‘‘(1) SUBMISSION.—The public entity submits a

7 plan to the Secretary not later than May 1st of the

8 preceding fiscal year (or such other date as the Sec9 retary may establish for submission of plans for fis10 cal year 1994) containing the information required

11 under this subsection.

12 ‘‘(2) PRIORITIES FOR USE OF GRANTS.—The

13 plan provides, to the extent practicable, that—

14 ‘‘(A) in expending grant amounts, the ratio

15 of the amount expended for performing risk as16 sessments, inspections, and abatement activities

17 for eligible residential units in rental housing to

18 the amount expended for such assessments, in19 spections, and activities for eligible residential

20 units that are owner-occupied shall be not less

21 than 2 times the quotient of—

22 ‘‘(i) the number of rental housing

23 units in the jurisdiction of the public entity

24 whose construction was completed by not

25 later than January 1, 1950; divided by
21

•HR 2479 SC

1 ‘‘(ii) the number of owner-occupied

2 housing units in the jurisdiction whose

3 construction was completed by not later

4 than January 1, 1950; and

5 ‘‘(B) in expending grant amounts for ac6 tivities for eligible residential units that are

7 owner-occupied, priority shall be given—

8 ‘‘(i) first, for units occupied by fami9 lies (I) whose members include a child who

10 is less than 6 years of age or a pregnant

11 woman, and (II) whose family income does

12 not exceed the official poverty line (as de13 fined by the Office of Management and

14 Budget and revised periodically in accord15 ance with section 673(2) of the Omnibus

16 Budget Reconciliation Act of 1981) appli17 cable to the family of the size involved;

18 ‘‘(ii) second, for units occupied by

19 families (I) whose members include a child

20 who is less than 6 years of age or a preg21 nant woman, and (II) that are very-low in22 come families;

23 ‘‘(iii) third, for units occupied by fam24 ilies (I) whose members include a child

25 who is less than 6 years of age or a preg-
22

•HR 2479 SC

1 nant woman, and (II) that are low-income

2 families; and

3 ‘‘(iv) fourth, for units occupied by

4 other families whose members include (I) a

5 child who is less than 6 years of age, or

6 (II) a pregnant woman.

7 ‘‘(3) AVAILABILITY OF RENTAL UNITS.—The

8 plan provides that the eligible public entity shall en9 courage owners of eligible residential units for which

10 risk assessments, inspections, or abatement activities

11 have been conducted using grant amounts and that

12 are made available for rental to make such units

13 available to families whose members include (A) a

14 child who is less than 6 years of age, or (B) a preg15 nant woman.

16 ‘‘(4) PROGRAM STRATEGY.—The plan contains

17 descriptions of the methods by which the public en18 tity—

19 ‘‘(A) will provide priority for the use of

20 grant amounts in accordance with paragraph

21 (2);

22 ‘‘(B) will encourage owners of units re23 ferred to in paragraph (3) to make such units

24 available to families described in such para25 graph;
23

•HR 2479 SC

1 ‘‘(C) will select the eligible facilities for

2 which risk assessments are to be conducted

3 using grant amounts;

4 ‘‘(D) will select the eligible facilities for

5 which abatement activities are to be conducted

6 using grant amounts; and

7 ‘‘(E) will ensure compliance with the re8 quirements of subsections (a) through (c) of

9 section 1066.

10 ‘‘(5) DISTRIBUTION OF AMOUNTS BY STATES.—

11 In the case of a public entity that is a State, the

12 plan contains a description of the method by which

13 the State will expend or distribute grant amounts to

14 units of general local government in accordance with

15 this subtitle and will ensure compliance with the pro16 visions of this subtitle with respect to such distrib17 uted amounts.

18 ‘‘(6) LOCAL LEAD-BASED PAINT LAWS.—The

19 plan contains evidence there are in effect, for the en20 tire jurisdiction of the public entity, local lead-based

21 paint laws.

22 ‘‘(7) COORDINATION WITH LOCAL AGENCIES.—

23 The plan provides for the public entity to coordinate

24 with State and local health, housing, and environ25 mental agencies and contains a description of the
24

•HR 2479 SC

1 methods by which the entity shall ensure that such

2 coordination is carried out.

3 ‘‘(8) EMPLOYMENT.—The plan provides for the

4 public entity to make training and employment op5 portunities available in connection with activities

6 carried out with grant amounts available to low-in7 come residents of areas having substantial numbers

8 of eligible facilities with lead-based paint hazards

9 and to community-based contractors and nonprofit

10 organizations serving such areas.

11 ‘‘(9) CERTIFICATION OF PREVIOUS COMPLI12 ANCE.—With respect to fiscal year 1995 and subse13 quent fiscal years, the plan contains a certification

14 that, for the most recent fiscal year for which the

15 entity received a grant under this subtitle, the entity

16 complied with the requirements under sections 1065

17 and 1066.

18 ‘‘(10) CITIZEN PARTICIPATION.—Before sub19 mitting the plan, the public entity has—

20 ‘‘(A) made available to its citizens, public

21 agencies, and other interested parties informa22 tion concerning the amount the entity expects

23 to receive under the grant and the proposed

24 uses of the grant amounts;
25

•HR 2479 SC

1 ‘‘(B) published a proposed plan in a man2 ner that, in the determination of the Secretary,

3 affords affected citizens, public agencies, and

4 other interested parties a reasonable oppor5 tunity to examine its content and to submit

6 comments on the proposed plan;

7 ‘‘(C) held 1 or more public hearings to ob8 tain the views of citizens, public agencies, and

9 other interested parties on the needs of the

10 public entity with respect to lead-based paint

11 hazards in eligible facilities;

12 ‘‘(D) provided citizens, public agencies,

13 and other interested parties with reasonable ac14 cess to records regarding the uses of grant

15 amounts from any grants the public entity has

16 received under this subtitle during the preced17 ing 5 years;

18 ‘‘(E) considered any comments or views of

19 citizens in preparing the final plan for submis20 sion under this section, and has attached a

21 summary of such comments or views to the plan

22 submitted; and

23 ‘‘(F) made the plan submitted available to

24 the public.
26

•HR 2479 SC

1 A public entity shall be considered to have complied

2 with the requirements of this paragraph if the public

3 entity submits to the Secretary a comprehensive

4 housing affordability strategy required under section

5 105 of the Cranston-Gonzalez National Affordable

6 Housing Act that includes the information required

7 under paragraphs (1) through (9) of this section,

8 and complies with the requirements of section 107

9 of such Act (relating to citizen participation).

10 ‘‘(b) REVIEW.—

11 ‘‘(1) IN GENERAL.—Upon the submission of a

12 plan under this section, the Secretary shall review

13 the plan to determine whether it is in accordance

14 with this section. Not later than 90 days after re15 ceipt by the Secretary, the Secretary shall approve

16 the plan unless the Secretary determines that it has

17 not been submitted in accordance with this section,

18 in which case the Secretary shall disapprove the

19 plan.

20 ‘‘(2) NOTIFICATION.—The Secretary shall im21 mediately notify the public entity submitting a plan,

22 in writing, of any approval or disapproval of the

23 plan. A plan shall be considered to have been ap24 proved under this subsection for purposes of section

25 1061(b)(1) unless the Secretary provides notice
27

•HR 2479 SC

1 under this paragraph of disapproval during the pe2 riod referred to paragraph (1) of this subsection.

3 ‘‘(3) DISAPPROVAL.—In the case of a plan dis4 approved by the Secretary, the Secretary shall in5 clude with the notification of disapproval a written

6 description of the reasons for the disapproval identi7 fying the specific deficiencies of the plan.

8 ‘‘(4) AMENDMENTS AND RESUBMISSION.—Any

9 public entity whose plan has been disapproved may

10 amend or resubmit the plan during the 60-day pe11 riod beginning upon notice of disapproval. The Sec12 retary shall review, and approve or disapprove a plan

13 amended or resubmitted under this paragraph not

14 later than 60 days after receipt of the resubmitted

15 plan, and shall immediately notify the public entity

16 amending or resubmitting the plan, in writing, of

17 such approval or disapproval. A plan resubmitted or

18 amended under this paragraph shall be considered to

19 have been approved under this subsection for pur20 poses of section 1061(b)(1) unless the Secretary pro21 vides notice under this paragraph of disapproval

22 during such period.

23 ‘‘SEC. 1068. ANNUAL REPORTS TO SECRETARY.

24 ‘‘(a) IN GENERAL.—An eligible public entity that re25 ceives a grant under section 1061 shall submit to the Sec-
28

•HR 2479 SC

1 retary, for such fiscal year, a report under this section.

2 The report shall be submitted not later than the expiration

3 of the 6-month period beginning upon the termination of

4 the fiscal year in which the grant is received, in the form

5 and manner required by the Secretary. The Secretary may

6 provide for any public entity that is required to submit

7 a report under this section that also is required to submit

8 a performance report under section 108(a) of the Cran9 ston-Gonzalez National Affordable Housing Act, to comply

10 with this section by including the information required in

11 the report under this section in such performance report.

12 ‘‘(b) CONTENTS.—A report under this section shall

13 include the following information:

14 ‘‘(1) The sources and amounts from which the

15 entity obtained the non-Federal contributions re16 quired by section 1063.

17 ‘‘(2) The number of children within the juris18 diction of the eligible public entity who have been

19 screened for blood-lead levels and the findings re20 sulting from such screenings.

21 ‘‘(3) The amount of funds provided under sec22 tion 1061 that were expended for each of the cat23 egories of activities authorized under section

24 1064(a).
29

•HR 2479 SC

1 ‘‘(4) The amount of funds provided under sec2 tion 1061 that were expended for abatement activi3 ties with respect to owner-occupied dwelling units

4 and the amount so expended with respect to rental

5 dwelling units.

6 ‘‘(5) The number of eligible facilities for

7 which—

8 ‘‘(A) evaluation activities were conducted;

9 ‘‘(B) emergency measures were conducted

10 (and a description of such activities);

11 ‘‘(C) abatement activities were commenced;

12 ‘‘(D) abatement activities were completed

13 and the facility passed post-abatement clear14 ance testing; and

15 ‘‘(E) abatement activities were completed

16 and the facility failed to pass post-abatement

17 clearance testing.

18 ‘‘(6) With respect to eligible facilities described

19 in paragraph (5)(E), a description of the status of

20 such facilities and the reasons underlying such sta21 tus.

22 ‘‘(7) For each eligible facility for which abate23 ment activities and emergency measures have been

24 conducted using grant amounts, the address and
30

•HR 2479 SC

1 owner of the facility and the census tracts within

2 which the facility is located.

3 ‘‘SEC. 1069. DETERMINATION OF AMOUNT OF ALLOTMENT.

4 ‘‘(a) AMOUNT OF TOTAL ALLOTMENT.—The amount

5 of a total allotment under section 1061(a)(2) for an eligi6 ble public entity for a fiscal year shall be an amount equal

7 to the sum of—

8 ‘‘(1) the amount of the standard allotment de9 termined for the entity under subsection (b); and

10 ‘‘(2) the amount of the supplemental allotment

11 determined for the entity under subsection (d).

12 ‘‘(b) AMOUNT OF STANDARD ALLOTMENT.—The

13 amount of a standard allotment for an eligible public en14 tity for a fiscal year shall be the product of—

15 ‘‘(1) the amount in the Fund that under section

16 1062(a) is available for allotments for the fiscal

17 year; and

18 ‘‘(2) a percentage equal to the mean of the 3

19 percentages determined under subsection (c) with re20 spect to the entity.

21 ‘‘(c) PERCENTAGES REGARDING RELEVANT FAC22 TORS.—Subject to subsection (e), the 3 percentages re23 ferred to in subsection (b)(2) with respect to an eligible

24 public entity are as follows:
31

•HR 2479 SC

1 ‘‘(1) CHILDREN IN POVERTY.—The percentage

2 equal to the quotient of—

3 ‘‘(A) an amount equal to the number of

4 children who are less than 6 years of age resid5 ing in the jurisdiction of the entity whose fami6 lies have incomes equal to or below the official

7 poverty line (as defined by the Office of Man8 agement and Budget and revised periodically in

9 accordance with section 673(2) of the Omnibus

10 Budget Reconciliation Act of 1981) applicable

11 to the family of the size involved; divided by

12 ‘‘(B) an amount equal to the sum of the

13 respective amounts determined under subpara14 graph (A) for each eligible public entity.

15 ‘‘(2) FAMILIES IN PRE-1950 HOUSING.—The

16 percentage equal to the quotient of—

17 ‘‘(A) an amount equal to the number of

18 families residing in the jurisdiction of the entity

19 that—

20 ‘‘(i) have incomes equal to or less

21 than such poverty line; and

22 ‘‘(ii) reside in residential units whose

23 construction was completed by not later

24 than January 1, 1950; divided by
32

•HR 2479 SC

1 ‘‘(B) an amount equal to the sum of the

2 respective amounts determined under subpara3 graph (A) for each eligible public entity.

4 ‘‘(3) FAMILIES IN PRE-1960 HOUSING.—The

5 percentage equal to the quotient of—

6 ‘‘(A) an amount equal to the number of

7 families residing in the jurisdiction of the entity

8 that—

9 ‘‘(i) have incomes equal to or less

10 than such poverty line; and

11 ‘‘(ii) reside in residential units whose

12 construction was completed by not later

13 than January 1, 1960; divided by

14 ‘‘(B) an amount equal to the sum of the

15 respective amounts determined under subpara16 graph (A) for each eligible public entity.

17 ‘‘(d) AMOUNT OF SUPPLEMENTAL ALLOTMENT.—

18 ‘‘(1) IN GENERAL.—The amount of a supple19 mental allotment for an eligible public entity for a

20 fiscal year shall be the product of—

21 ‘‘(A) an amount equal to the aggregate

22 amount of any standard allotments for the fis23 cal year under section 1061(a)(1) terminated

24 under section 1061(a)(4); and
33

•HR 2479 SC

1 ‘‘(B) a percentage equal to the mean of the

2 3 percentages determined under paragraph (2)

3 with respect to the entity.

4 ‘‘(2) PERCENTAGES REGARDING RELEVANT

5 FACTORS.—Subject to subsection (e), the 3 percent6 ages referred to in paragraph (1)(B) with respect to

7 an eligible public entity are as follows:

8 ‘‘(A) CHILDREN IN POVERTY.—The per9 centage equal to the quotient of—

10 ‘‘(i) the amount determined under

11 subsection (c)(1)(A) for the entity; divided

12 by

13 ‘‘(ii) an amount equal to the sum of

14 the respective amounts determined under

15 subsection (c)(1)(A) for each eligible public

16 entity that receives a grant under section

17 1061.

18 ‘‘(B) FAMILIES IN PRE-1950 HOUSING.—

19 The percentage equal to the quotient of—

20 ‘‘(i) the amount determined under

21 subsection (c)(2)(A) for the entity; divided

22 by

23 ‘‘(ii) an amount equal to the sum of

24 the respective amounts determined under

25 subsection (c)(2)(A) for each eligible public
34

•HR 2479 SC

1 entity that receives a grant under section

2 1061.

3 ‘‘(C) FAMILIES IN PRE-1960 HOUSING.—

4 The percentage equal to the quotient of—

5 ‘‘(i) the amount determined under

6 subsection (c)(3)(A) for the entity; divided

7 by

8 ‘‘(ii) an amount equal to the sum of

9 the respective amounts determined under

10 subsection (c)(3)(A) for each eligible public

11 entity that receives a grant under section

12 1061.

13 ‘‘(e) PROHIBITION AGAINST DUPLICATIVE COUNT14 ING.—In the case of any eligible public entity within whose

15 jurisdiction there exists the jurisdiction of another eligible

16 public entity, the calculations regarding percentages made

17 under each of paragraphs (1) through (3) of subsection

18 (c) and under each of subparagraphs (A) through (C) of

19 subsection (d)(2) may not include any numbers represent20 ing children or families (as the case may be) who reside

21 in the jurisdiction of the other eligible public entity.

22 ‘‘SEC. 1070. CITIZENS’ SUITS.

23 ‘‘Any person may bring an action against the Sec24 retary where there is alleged a failure of the Secretary to

25 perform any act of duty under this subtitle that is not
35

•HR 2479 SC

1 discretionary with the Secretary. The court, in issuing any

2 final order in any action brought pursuant to this section,

3 may award costs of litigation (including reasonable attor4 ney and expert witness fees) to the prevailing or substan5 tially prevailing party, whenever the court determines that

6 such an award is appropriate. Nothing in this section shall

7 restrict any right that any person (or class of persons)

8 may have under any statute or common law.

9 ‘‘SEC. 1071. EVALUATION OF PROGRAM; REPORTS TO CON10 GRESS.

11 ‘‘(a) EVALUATIONS.—The Secretary shall, directly or

12 through contracts with public or private entities, carry out

13 evaluations of representative programs carried out by eli14 gible public entities pursuant to this subtitle.

15 ‘‘(b) REPORTS.—Not later than the expiration of the

16 18-month period beginning on the date of the enactment

17 of the Lead-Based Paint Hazard Abatement Trust Fund

18 Act of 1993, and every 24 months thereafter, the Sec19 retary shall submit to the Congress a report—

20 ‘‘(1) summarizing evaluations carried out pur21 suant to subsection (a) during the preceding 2 fiscal

22 years; and

23 ‘‘(2) summarizing reports submitted to the Sec24 retary pursuant to section 1068.
36

•HR 2479 SC

1 ‘‘SEC. 1072. USE OF TRUST FUND AMOUNTS FOR EVALUA2 TION AND ADMINISTRATION.

3 ‘‘In each year, of any amounts in the Lead Abate4 ment Trust Fund established in section 9512 of the Inter5 nal Revenue Code of 1986 on October 1, the Secretary

6 may reserve not more than 0.1 percent for costs relating

7 to carry out this subtitle (including carrying out evalua8 tions under section 1071) during the fiscal year beginning

9 on such October 1.

10 ‘‘SEC. 1073. DEFINITIONS.

11 ‘‘For purposes of this subtitle:

12 ‘‘(1) The term ‘child day-care structure’ means

13 a structure—

14 ‘‘(A) whose purpose includes provision of

15 child care to children under the age of 7; and

16 ‘‘(B) that is operated by an entity licensed

17 by a State or political subdivision of a State to

18 engage in such business.

19 The term includes rooms and common areas in

20 school buildings used for activities described in sub21 paragraph (A).

22 ‘‘(2) The term ‘city’ has the meaning given

23 such term in section 102 of the Housing and Com24 munity Development Act of 1974.

25 ‘‘(3) The term ‘eligible public entity’ has the

26 meaning given such term in section 1061(b).
37

•HR 2479 SC

1 ‘‘(4) The term ‘eligible residential unit’ means

2 an eligible facility under paragraph (5)(A).

3 ‘‘(5) The term ‘eligible facility’ means—

4 ‘‘(A) a dwelling unit in target housing

5 that—

6 ‘‘(i) complies with the requirements of

7 section 1066(a); and

8 ‘‘(ii) is not federally owned housing,

9 federally assisted housing, or public hous10 ing; or

11 ‘‘(B) a child day-care structure constructed

12 prior to 1978.

13 ‘‘(6) The term ‘emergency measures’ means

14 measures to correct identified exposure hazards

15 posed by deteriorated paint, lead-contaminated dust,

16 or lead-contaminated soil at eligible residential units

17 occupied by families whose members include (A) a

18 child who is less than 6 years of age, or (B) a preg19 nant female.

20 ‘‘(7) The term ‘Fund’ means the Lead Abate21 ment Trust Fund established in section 9512 of the

22 Internal Revenue Code of 1986.

23 ‘‘(8) The term ‘grant amounts’ means amounts

24 received under a grant under this subtitle.
38

•HR 2479 SC

1 ‘‘(9) The term ‘local lead-based paint law’

2 means any law, ordinance, or code that expressly

3 provides protection of individuals from hazards

4 posed by lead-based paint in dwelling units.

5 ‘‘(10) The terms ‘low-income family’ and ‘very

6 low-income family’ have the meanings given such

7 terms in section 104 of the Cranston-Gonzalez Na8 tional Affordable Housing Act.

9 ‘‘(11) The term ‘post-abatement clearance test10 ing’ means testing required before occupancy of an

11 abated unit in accordance with regulations imple12 menting title IV of the Toxic Substances Control

13 Act.

14 ‘‘(12) The term ‘public entity’ means a State,

15 urban county, or city.

16 ‘‘(13) The term ‘standard allotment’ means the

17 allotment made for eligible public entities under sec18 tion 1061(a)(1).

19 ‘‘(14) The term ‘State’ means each of the sev20 eral States, the District of Columbia, and each of

21 the Commonwealth of Puerto Rico, American

22 Samoa, Guam, the Commonwealth of the Northern

23 Mariana Islands, the Virgin Islands, and the Trust

24 Territory of the Pacific Islands.
39

•HR 2479 SC

1 ‘‘(15) The term ‘supplemental allotment’ means

2 the portion of a total allotment in the amount deter3 mined in accordance with section 1069(d).

4 ‘‘(16) The term ‘total allotment‘ means the al5 lotment made under section 1061(a)(2).

6 ‘‘(17) The term ‘urban county’ has the meaning

7 given such term in section 102 of the Housing and

8 Community Development Act of 1974, except that in

9 determining whether 200,000 or more individuals re10 side in the county, the population of any metropoli11 tan cities (as defined in such section) in the county

12 shall be included.

13 ‘‘SEC. 1074. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There is authorized to be appropriated from the

15 Lead Abatement Trust Fund the amounts required to be

16 paid to eligible public entities under sections 1061.

17 ‘‘SEC. 1075. REGULATIONS.

18 ‘‘(a) IN GENERAL.—The Secretary shall issue any

19 regulations necessary to carry out this subtitle. Such regu20 lations shall include regulations regarding the content and

21 submission of plans under section 1067.

22 ‘‘(b) REQUIREMENTS.—The Secretary shall issue the

23 regulations required in subsection (a) through rulemaking

24 in accordance with the procedures established under sec25 tion 553 of title 5, United States Code, regarding sub-
40

•HR 2479 SC

1 stantive rules. Such regulations shall be issued not later

2 than the expiration of the 12-month period beginning on

3 the date of the enactment of the Lead-Based Paint Haz4 ard Abatement Trust Fund Act of 1993.

5 ‘‘(c) RULE OF CONSTRUCTION.—Any failure by the

6 Secretary to issue any regulations required under this sec7 tion shall not affect the effectiveness of the provisions of

8 this subtitle.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents

10 in section 1(b) of the Housing and Community Develop11 ment Act of 1992 is amended by striking the items relat12 ing to subtitle E of title X and section 1061 and inserting

13 the following new items:

‘‘Subtitle E—Entitlement Program for Formula Grants for Lead-Based Paint

Hazard Reduction

‘‘Sec. 1061. Allotments for States and certain political subdivisions.

‘‘Sec. 1062. Lead abatement trust fund; entitlement status of grants.

‘‘Sec. 1063. Requirement of matching funds.

‘‘Sec. 1064. Use of grants.

‘‘Sec. 1065. Requirements of eligible public entities.

‘‘Sec. 1066. Continued use of eligible residential structures as affordable

housing.

‘‘Sec. 1067. Plan regarding activities of grantee.

‘‘Sec. 1068. Annual reports to Secretary.

‘‘Sec. 1069. Determination of amount of allotment.

‘‘Sec. 1070. Citizens’ suits.

‘‘Sec. 1071. Evaluation of program; reports to Congress.

‘‘Sec. 1072. Use of trust fund amounts for evaluation and administration.

‘‘Sec. 1073. Definitions.

‘‘Sec. 1074. Authorization of appropriations.

‘‘Sec. 1075. Regulations.

‘‘Subtitle F—Reports

‘‘Sec. 1081. Reports of the Secretary of Housing and Urban Development.’’.
41

•HR 2479 SC

1 SEC. 4. 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

‘‘Sec. 4686. 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:
42

•HR 2479 SC

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

2 means lead that has not been previously used in any

3 finished or unfinished product.

4 ‘‘(2) SECONDARY LEAD.—The term ‘secondary

5 lead’ means lead that has been previously used in

6 any finished or unfinished product.

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

8 ‘taxable lead products’ means any product more

9 than 0.06 percent of the dry weight of which is at10 tributable to lead.

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

12 ‘United States smelter’ means any facility in the

13 United States at which primary or secondary lead is

14 smelted.

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

16 OR TAXABLE LEAD PRODUCTS.—

17 ‘‘(1) IN GENERAL.—If—

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

19 respect to any lead, and

20 ‘‘(B)(i) such lead was exported by any per21 son, or

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

23 the manufacture or production of any taxable

24 lead product which was exported by any person,
43

•HR 2479 SC

1 credit or refund (without interest) shall be allowed

2 or made to the person who paid such tax.

3 ‘‘(2) CONDITIONS OF ALLOWANCE.—Rules simi4 lar to the rules of section 4662(e)(2)(B) shall apply

5 for purposes of this subsection.

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

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

8 apply for purposes of this subsection.

9 ‘‘(e) TERMINATION.—No tax shall be imposed by this

10 section after the 10-year period beginning on the date of

11 the enactment of this section.’’.

12 (b) CLERICAL AMENDMENT.—The table of sub13 chapters for chapter 38 of such Code is amended by add14 ing at the end thereof the following new item:

‘‘Subchapter E. Lead or lead products’’.

15 SEC. 5. LEAD ABATEMENT TRUST FUND.

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

17 Internal Revenue Code of 1986 (relating to trust fund)

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

19 section:

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

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

22 established in the Treasury of the United States a trust

23 fund to be known as the ‘Lead Abatement Trust Fund’,

24 consisting of such amounts as may be credited to such

25 trust fund as provided in this section or section 9602(b).
44

•HR 2479 SC

1 ‘‘(b) CREDITS TO TRUST FUND.—There are hereby

2 credited to the Lead Abatement Trust Fund amounts

3 equivalent to the taxes received in the Treasury under sec4 tion 4686 (relating to tax on lead and lead products) and

5 any amounts recovered by the Secretary pursuant to sec6 tion 1066(d)(2) of the Housing and Community Develop7 ment Act of 1992.

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

9 ‘‘(1) IN GENERAL.—Amounts in the Lead

10 Abatement Trust Fund shall be available for pur11 poses of making grants under sections 1061 and

12 1069(d) of the Housing and Community Develop13 ment Act of 1992 and for administrative cost as

14 provided in section 1072 of such Act, but shall not

15 be available for any other purpose.

16 ‘‘(2) TRANSFERS FOR CREDITS AND RE17 FUNDS.—The Secretary shall pay from time to time

18 from the Lead Abatement Trust Fund amounts

19 equivalent to the credits allowed and refunds made

20 under section 4684(d).’’.

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

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

23 thereof the following new item:

‘‘Sec. 9512. Lead Abatement Trust Fund.’’.
45

•HR 2479 SC

1 SEC. 6. EFFECTIVE DATES.

2 (a) FORMULA GRANTS.—The amendments made by

3 section 3 shall take effect October 1, 1994, or upon the

4 date of the enactment of this Act, whichever occurs later.

5 (b) IMPOSITION OF EXCISE TAX; ESTABLISHMENT

6 OF FUND.—The amendments made by sections 4 and 5

7 shall take effect upon the date of the enactment of this

8 Act.

Æ

HR 2479 SC——2

HR 2479 SC——3

HR 2479 SC——4