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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2479 Introduced in House (IH)]

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 lead-based 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. Velazquez, 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 a trust fund to satisfy the 
           Federal obligations arising from such entitlement.

    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-Based Paint Hazard Abatement 
Trust Fund Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) deteriorating lead-based paint is currently the 
        principal source of moderate to high lead exposures for 
        American children;
            (2) such exposures significantly impair intellectual 
        abilities, reading skills, attention span, and educational 
        attainment, and cause other adverse effects;
            (3) millions of low- and moderate-income dwellings contain 
        serious lead-based paint hazards, including high levels of lead 
        in surface dust, chipping or peeling lead-based paint, and 
        lead-based paint on surfaces subject to mouthing by children or 
        wear by friction;
            (4) the cost of abating such hazards in owner-occupied 
        homes typically exceeds the financial resources available to 
        low-income homeowners;
            (5) the cost of abating lead-based paint hazards in low-
        income rental housing far exceeds existing resources available 
        for such housing and such hazards will severely limit the 
        supply of inhabitable affordable housing unless assistance is 
        provided for abatement;
            (6) the cost of abating lead-based paint hazards in child 
        care facilities far exceeds existing resources available for 
        such facilities and such hazards will severely limit the supply 
        of safe and affordable child care unless assistance is provided 
        for abatement;
            (7) State and local governments lack adequate resources to 
        finance lead-based paint hazard reduction needs;
            (8) although the Residential Lead-Based Paint Hazard 
        Reduction Act of 1992 and other Federal statutes establish an 
        appropriate framework for regulation of lead-hazard evaluation 
        and reduction activities and programs, there remains an urgent 
        need for additional funding for abating lead-based paint 
        hazards in both rental and owner-occupied low-income housing 
        and child care centers; and
            (9) a dedicated source of funding for lead-based paint 
        hazard reduction is needed to provide continuity of abatement 
        programs during the next decade, particularly because of the 
        substantial immediate and medium-term fiscal obligations of the 
        Federal Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide consistent and adequate funding for 
        abatement of serious lead-based paint hazards in low-income 
        housing and child care centers;
            (2) to ensure that abatements conducted using amounts 
        provided pursuant to this Act are safe and cost-effective; and
            (3) to enhance the supply of affordable, lead-safe housing 
        and child care centers in the United States.

SEC. 3. ENTITLEMENT PROGRAM OF FORMULA GRANTS FOR ABATEMENT OF LEAD-
              BASED PAINT HAZARDS.

    (a) In General.--Title X of the Housing and Community Development 
Act of 1992 (42 U.S.C. 4851 et seq.) is amended--
            (1) by redesignating section 1061 as section 1081;
            (2) by redesignating subtitle E as subtitle F; and
            (3) by inserting after section 1056 the following new 
        subtitle:

  ``Subtitle E--Entitlement Program for Formula Grants for Lead-Based 
                         Paint Hazard Reduction

``SEC. 1061. ALLOTMENTS FOR STATES AND CERTAIN POLITICAL SUBDIVISIONS.

    ``(a) In General.--
            ``(1) Standard allotments.--The Secretary of Housing and 
        Urban Development shall, for fiscal year 1994 and each 
        subsequent fiscal year, make a standard allotment for each 
        eligible public entity in the amount determined in accordance 
        with section 1069(b).
            ``(2) Total allotments.--The Secretary shall, for each of 
        such years, make a total allotment for each eligible public 
        entity for which the amount of the standard allotment for such 
        entity for the year exceeds $250,000. The amount of the total 
        allotment shall be determined in accordance with section 
        1069(a).
            ``(3) Grants.--For the purposes described in section 1064, 
        in each of such fiscal years, the Secretary shall make a grant, 
        from amounts in the Lead Abatement Trust Fund established in 
        section 9512 of the Internal Revenue Code of 1986, to each 
        eligible public entity for which a total allotment is made of 
        the total allotment made for the entity for such year.
            ``(4) Ineligibility because of insufficient standard 
        allotment.--If the amount of the standard allotment for an 
        eligible public entity is equal to or less than $250,000, the 
        entity shall not receive a grant under this section for the 
        fiscal year and the standard allotment for the entity shall be 
        terminated for the fiscal year.
    ``(b) Eligible Public Entities.--For purposes of this subtitle, the 
term `eligible public entity' means any public entity that--
            ``(1) submits to the Secretary for the fiscal year involved 
        a plan in accordance with section 1067(a) that is approved by 
        the Secretary under section 1067(b);
            ``(2) is--
                    ``(A) a State;
                    ``(B) a city that has a population of 100,000 or 
                more individuals;
                    ``(C) an urban county (excluding the population of 
                any such city therein that has so submitted such a 
                plan); or
                    ``(D) a consortium of smaller communities that are 
                not entities described in subparagraph (A), (B), or (C) 
                that--
                            ``(i) submits the plan under section 
                        1067(a) as a consortium; and
                            ``(ii) meets such other requirements as the 
                        Secretary may establish;
            ``(3) has an authorized program under section 404 of the 
        Toxic Substances Control Act, or is located in a State that has 
        such a program;
            ``(4) has submitted to the Secretary a comprehensive 
        housing affordability strategy under section 105 of the 
        Cranston-Gonzalez National Affordable Housing Act that includes 
        the information required by section 105(b)(16) of such Act (as 
        added by section 1014 of the Housing and Community Development 
        Act of 1992, Public Law 102-550, relating to information on 
        lead-based paint hazards) and has not had such strategy 
        disapproved for the year involved because of failure to provide 
        sufficient information under such section 105(b)(16); and
            ``(5) for any public entity that is a city or urban county, 
        has in effect, for the entire jurisdiction of the public 
        entity, local lead-based paint laws.

``SEC. 1062. LEAD ABATEMENT TRUST FUND; ENTITLEMENT STATUS OF GRANTS.

    ``(a) Trust Fund.--The Secretary shall make grants under section 
1061 only from amounts in the Lead Abatement Trust Fund established in 
section 9512 of the Internal Revenue Code of 1986. Any amounts in the 
Fund on October 1 of a fiscal year that remain after amounts are 
reserved pursuant to section 1072 shall be allotted for the grants in 
accordance with section 1061. Any amounts credited to the Fund during 
the period of such fiscal year occurring after October 1 shall not be 
available for allotment during such period.
    ``(b) Entitlement Status.--
            ``(1) In general.--Subject to subsection (c), each eligible 
        public entity is entitled to payment of the grant required by 
        section 1061 for fiscal year 1994 and each subsequent fiscal 
        year.
            ``(2) Rule of construction.--Paragraph (1) may not be 
        construed to establish, with respect to this section, an 
        entitlement of any individual to have carried out on behalf of 
        the individual any activity authorized in section 1064.
    ``(c) Limitations.--An entitlement is established pursuant to 
section 1061 for a fiscal year for an eligible public entity--
            ``(1) only to the extent that there are amounts in the Fund 
        and only to the extent of the amount of the total allotment 
        made under such section for the entity;
            ``(2) only to the extent of the Federal payments 
        corresponding to the amount of non-Federal contributions made 
        by the entity under section 1063;
            ``(3) only if section 1061(a)(4) has not terminated the 
        standard allotment for the entity; and
            ``(4) only if subsection (d) has not terminated the 
        availability of the grant made from the total allotment.
    ``(d) Availability of Grant.--With respect to the 24-month period 
beginning on the date on which a grant under section 1061 for a fiscal 
year becomes available to an eligible public entity, any portion of the 
grant that is not obligated by the entity before the expiration of such 
period shall lapse into the Fund and be available for grants under such 
subsection for the following fiscal year.

``SEC. 1063. REQUIREMENT OF MATCHING FUNDS.

    ``(a) In General.--The Secretary may not make a grant under section 
1061 for a fiscal year to an eligible public entity unless the public 
entity agrees, with respect to the costs of the program to be carried 
out in such year by the entity pursuant to such section, to make 
available (directly or through donations from public or private 
entities) non-Federal contributions toward such costs in an amount that 
is not less than 10 percent of such costs.
    ``(b) Determination of Amount of Non-Federal Contribution.--Non-
Federal contributions required in subsection (a) may be in cash or in 
kind, fairly evaluated, including plant, equipment, or services. 
Amounts provided by the Federal Government, or services assisted or 
subsidized to any significant extent by the Federal Government, may not 
be included in determining the amount of such non-Federal 
contributions.

``SEC. 1064. USE OF GRANTS.

    ``(a) In General.--Grant amounts under section 1061 may be used--
            ``(1) to perform risk assessments and inspections in 
        eligible facilities;
            ``(2) to provide for the abatement of lead-based paint 
        hazards in eligible facilities;
            ``(3) to provide for the additional cost of abatement of 
        lead-based paint hazards in eligible facilities undergoing 
        renovation funded by other sources;
            ``(4) with respect to common areas in residential 
        structures containing eligible residential units and dwelling 
        units that are not eligible residential units, to perform risk 
        assessments and inspections, to provide for the abatement of 
        lead-based paint hazards, and to provide for the additional 
        cost of abatement of lead-based paint hazards in such 
        structures undergoing renovation funded by sources other than 
        this subtitle; except that the ratio of the grant amounts used 
        with respect to a structure for purposes under this paragraph 
        to the total cost of the risk assessments, inspections, and 
        abatement for common areas of the structure may not exceed the 
        ratio of the number of eligible residential units in the 
        structure to the number of dwelling units in the structure that 
        are not eligible residential units;
            ``(5) to ensure that risk assessments, inspections, and 
        abatements are carried out by certified contractors in 
        accordance with section 402 of the Toxic Substances Control 
        Act;
            ``(6) to monitor the blood-lead levels of workers involved 
        in lead hazard abatement activities funded with grant amounts;
            ``(7) to test soil, interior surface dust, and the blood-
        lead levels of children who are less than 6 years of age 
        residing in eligible residential units after lead-based paint 
        hazard abatement activity has been conducted, to assure that 
        such activity does not cause excessive exposures to lead;
            ``(8) to train employees and nonprofit contractors of 
        eligible public entities conducting activities funded with 
        grant amounts to conduct such activities, except that such 
        training shall be provided through training providers 
        accredited under sections 402 and 404 of the Toxic Substances 
        Control Act;
            ``(9) to assist in the temporary relocation of occupants of 
        eligible residential units while lead hazard abatement 
        activities are being conducted for such units;
            ``(10) to acquire, renovate, and maintain temporary housing 
        for low-income occupants of eligible residential units while 
        lead hazard abatement activities are being conducted for such 
        units;
            ``(11) to undertake emergency measures;
            ``(12) only if expressly authorized by regulations issued 
        by the Secretary--
                    ``(A) to perform risk assessment, inspection, and 
                abatement activities in dwelling units that are not 
                eligible residential units but are undergoing 
                renovation pursuant to which they will be made 
                available for occupancy subject to provisions of 
                section 1066 that apply to eligible residential units;
                    ``(B) to assist in the permanent relocation of 
                families with children who are less than 6 years of age 
                and have elevated blood levels; or
                    ``(C) to conduct activities to prevent degradation 
                of lead-based paint, including activities to control 
                moisture; and
            ``(13) to carry out such other activities that the 
        Secretary determines, by regulation, are appropriate to promote 
        the purposes of this subtitle.
    ``(b) Forms of Assistance.--
            ``(1) In general.--Subject to paragraph (2), grant amounts 
        under section 1061 may be used to carry out activities under 
        subsection (a) through a variety of programs, including direct 
        provision of such services, grants, loans, equity investments, 
        revolving loan funds, loan funds, loan guarantees, interest 
        write-downs, and other forms of assistance approved by the 
        Secretary.
            ``(2) Requirements for grants by states to units of general 
        local government.--A State may not provide a grant to any 
        public entity or other unit of general local government using 
        grant amounts under section 1061 unless such entity or unit has 
        a local lead-based paint law in effect for its entire 
        jurisdiction. This paragraph may not be construed to limit the 
        use of grant amounts under section 1061 to provide assistance 
        in any form authorized under paragraph (1) other than such 
        grants.

``SEC. 1065. REQUIREMENTS OF ELIGIBLE PUBLIC ENTITIES.

    ``(a) Compliance With Plan.--Grant amounts may be expended by the 
eligible public entity receiving the grant only in accordance with the 
plan for the entity approved by the Secretary under section 1067.
    ``(b) Certification of Personnel and Compliance.--Grant amounts may 
not be expended for risk-assessment, inspection, or abatement 
activities unless the eligible public entity ensures that the 
individuals conducting such activities have been certified in 
accordance with the requirements of section 402 of the Toxic Substances 
Control Act.
    ``(c) Limitation of Administrative Expenses.--Not more than 10 
percent of a grant under section 1061 may be used for administrative 
expenses associated with the activities under section 1064(a).
    ``(d) Limitation on Emergency Measures.--Not more than 20 percent 
of a grant under section 1061 may be used to undertake emergency 
measures.
    ``(e) Prohibition of Substitution of Funds.--Grant amounts may not 
be used to replace other amounts made available or designated by State 
or local governments for use for the purposes under section 1064(a).
    ``(f) Financial Records.--An eligible public entity that receives a 
grant under section 1061 shall maintain any financial records that the 
Secretary shall require to ensure proper accounting and disbursing of 
grant amounts, and shall provide such records to the Secretary upon 
request.
    ``(g) Use of Amounts to Assist Small Businesses.--Notwithstanding 
section 1064, not more than 1 percent of a grant under section 1061 may 
be used to provide assistance or incentives to nonprofit organizations 
and small businesses, which have 10 or fewer employees (or such other 
number of employees as the Secretary provides by regulation), to 
encourage such organizations and businesses to obtain or engage in work 
involving performing risk assessments and inspections, conducting lead 
hazard abatement activities, or conducting emergency measures and to 
assist such businesses or organizations to obtain such work.

``SEC. 1066. CONTINUED USE OF ELIGIBLE RESIDENTIAL UNITS AS AFFORDABLE 
              HOUSING.

    ``(a) Affordable Housing Requirement.--For the duration of the 
period described in subsection (b), any eligible residential unit for 
which abatement activities are carried out with grant amounts shall--
            ``(1) in the case of a rental dwelling unit--
                    ``(A) bear a rent (not including any utility 
                charges) that does not exceed the fair market rental 
                established by the Secretary under section 8 of the 
                United States Housing Act of 1937 and applicable to a 
                unit in the area of comparable size and type; and
                    ``(B) not be refused for leasing to a holder of a 
                voucher or certificate of eligibility under section 8 
                of the United States Housing Act of 1937 because of the 
                status of the prospective tenant as a holder of such 
                voucher or certificate of eligibility; or
            ``(2) in the case of a unit that is occupied by the owner 
        of the unit or for which the family that will occupy the unit 
        has entered into a contract to purchase the unit, be occupied 
        by a family--
                    ``(A) whose members include (I) a child who is less 
                than 6 years of age, or (II) a pregnant female; and
                    ``(B) that is a low-income family.
    ``(b) Applicable Period.--For any eligible residential unit 
involved, the period referred to in subsection (a) is the period 
beginning upon the date that post-abatement clearance testing is 
satisfactorily completed and consisting of a number of consecutive 
months equal to the quotient resulting from dividing by 85.0 the amount 
of grant amounts expended for the unit.
    ``(c) Agreement and Lien.--
            ``(1) Agreement.--Grant amounts may be expended for 
        abatement activities for an eligible residential unit only if, 
        before the commencement of the activities, the eligible public 
        entity receiving the grant has made reasonable efforts to enter 
        into an agreement with the owner of the unit that--
                    ``(A) provides for the abatement activities to be 
                carried out;
                    ``(B) establishes a lien under paragraph (3) on the 
                unit to secure compliance with subsection (a); and
                    ``(C) provides penalties for the breach of the 
                agreement, as the Secretary determines appropriate.
            ``(2) Nonconsensual lien.--In any case in which the 
        eligible public entity involved is unable to enter into an 
        agreement under paragraph (1) with the owner of any eligible 
        residential unit, the expenditure of any grant amounts for 
        abatement activities for the unit shall create a lien under 
        paragraph (3).
            ``(3) Terms of lien.-- A lien under this paragraph shall be 
        in the amount of the expenditures made with grant amounts for 
        abatement activities carried out with respect to the unit, with 
        the eligible public entity as the holder of the lien.
    ``(d) Recovery of Grant Amounts.--
            ``(1) Authority.--If, at any time during the period 
        described in subsection (b), an eligible residential unit for 
        which grants amounts were expended for abatement activities 
        does not comply with the requirements under subsection (a), the 
        eligible public entity or the Secretary may recover from the 
        owner of the structure all or part of the expenditures of the 
        grant made for abatement activities conducted with respect to 
        the unit, together with interest on such amounts. Such interest 
        shall be calculated from the date of initial noncompliance with 
        the requirements under subsection (a) at a rate equal to the 
        coupon issue yield equivalent (as determined by the Secretary 
        of the Treasury) of the average accepted auction price for the 
        last auction of 52-week United States Treasury bills settled 
        immediately prior to the date of the recovery.
            ``(2) Cause of action.--An eligible public entity or the 
        Secretary may bring an action in any court of competent 
        jurisdiction to collect grant amounts and interest under this 
        section.
            ``(3) Award of costs.--In any action brought by an eligible 
        entity or the Secretary to recover such amounts, if the entity 
        or Secretary prevails or substantially prevails in such action, 
        the court shall award the costs of litigation (including 
        reasonable attorneys and expert witness fees) if the court 
        determines such an award is appropriate.
            ``(4) Use of recovered amounts.--Any amounts recovered by 
        an eligible public entity pursuant to this subsection shall be 
        treated as amounts provided to the entity in a grant under 
        section 1061 and shall be subject to the provisions of this 
        subtitle applicable to such grant amounts. Any amounts 
        recovered by the Secretary pursuant to this subsection shall be 
        made available and used in accordance with section 9512 of the 
        Internal Revenue Code of 1986 (relating to the Lead Abatement 
        Trust Fund).

``SEC. 1067. PLAN REGARDING ACTIVITIES OF GRANTEE.

    ``(a) Requirements.--With respect to a grant under section 1061 for 
a public entity for a fiscal year, a plan is in accordance with this 
section only if the following requirements are met:
            ``(1) Submission.--The public entity submits a plan to the 
        Secretary not later than May 1st of the preceding fiscal year 
        (or such other date as the Secretary may establish for 
        submission of plans for fiscal year 1994) containing the 
        information required under this subsection.
            ``(2) Priorities for use of grants.--The plan provides, to 
        the extent practicable, that--
                    ``(A) in expending grant amounts, the ratio of the 
                amount expended for performing risk assessments, 
                inspections, and abatement activities for eligible 
                residential units in rental housing to the amount 
                expended for such assessments, inspections, and 
                activities for eligible residential units that are 
                owner-occupied shall be not less than 2 times the 
                quotient of--
                            ``(i) the number of rental housing units in 
                        the jurisdiction of the public entity whose 
                        construction was completed by not later than 
                        January 1, 1950; divided by
                            ``(ii) the number of owner-occupied housing 
                        units in the jurisdiction whose construction 
                        was completed by not later than January 1, 
                        1950; and
                    ``(B) in expending grant amounts for activities for 
                eligible residential units that are owner-occupied, 
                priority shall be given--
                            ``(i) first, for units occupied by families 
                        (I) whose members include a child who is less 
                        than 6 years of age or a pregnant woman, and 
                        (II) whose family income does not exceed the 
                        official poverty line (as defined by the Office 
                        of Management and Budget and revised 
                        periodically in accordance with section 673(2) 
                        of the Omnibus Budget Reconciliation Act of 
                        1981) applicable to the family of the size 
                        involved;
                            ``(ii) second, for units occupied by 
                        families (I) whose members include a child who 
                        is less than 6 years of age or a pregnant 
                        woman, and (II) that are very-low income 
                        families;
                            ``(iii) third, for units occupied by 
                        families (I) whose members include a child who 
                        is less than 6 years of age or a pregnant 
                        woman, and (II) that are low-income families; 
                        and
                            ``(iv) fourth, for units occupied by other 
                        families whose members include (I) a child who 
                        is less than 6 years of age, or (II) a pregnant 
                        woman.
            ``(3) Availability of rental units.--The plan provides that 
        the eligible public entity shall encourage owners of eligible 
        residential units for which risk assessments, inspections, or 
        abatement activities have been conducted using grant amounts 
        and that are made available for rental to make such units 
        available to families whose members include (A) a child who is 
        less than 6 years of age, or (B) a pregnant woman.
            ``(4) Program strategy.--The plan contains descriptions of 
        the methods by which the public entity--
                    ``(A) will provide priority for the use of grant 
                amounts in accordance with paragraph (2);
                    ``(B) will encourage owners of units referred to in 
                paragraph (3) to make such units available to families 
                described in such paragraph;
                    ``(C) will select the eligible facilities for which 
                risk assessments are to be conducted using grant 
                amounts;
                    ``(D) will select the eligible facilities for which 
                abatement activities are to be conducted using grant 
                amounts; and
                    ``(E) will ensure compliance with the requirements 
                of subsections (a) through (c) of section 1066.
            ``(5) Distribution of amounts by states.--In the case of a 
        public entity that is a State, the plan contains a description 
        of the method by which the State will expend or distribute 
        grant amounts to units of general local government in 
        accordance with this subtitle and will ensure compliance with 
        the provisions of this subtitle with respect to such 
        distributed amounts.
            ``(6) Local lead-based paint laws.--The plan contains 
        evidence there are in effect, for the entire jurisdiction of 
        the public entity, local lead-based paint laws.
            ``(7) Coordination with local agencies.--The plan provides 
        for the public entity to coordinate with State and local 
        health, housing, and environmental agencies and contains a 
        description of the methods by which the entity shall ensure 
        that such coordination is carried out.
            ``(8) Employment.--The plan provides for the public entity 
        to make training and employment opportunities available in 
        connection with activities carried out with grant amounts 
        available to low-income residents of areas having substantial 
        numbers of eligible facilities with lead-based paint hazards 
        and to community-based contractors and nonprofit organizations 
        serving such areas.
            ``(9) Certification of previous compliance.--With respect 
        to fiscal year 1995 and subsequent fiscal years, the plan 
        contains a certification that, for the most recent fiscal year 
        for which the entity received a grant under this subtitle, the 
        entity complied with the requirements under sections 1065 and 
        1066.
            ``(10) Citizen participation.--Before submitting the plan, 
        the public entity has--
                    ``(A) made available to its citizens, public 
                agencies, and other interested parties information 
                concerning the amount the entity expects to receive 
                under the grant and the proposed uses of the grant 
                amounts;
                    ``(B) published a proposed plan in a manner that, 
                in the determination of the Secretary, affords affected 
                citizens, public agencies, and other interested parties 
                a reasonable opportunity to examine its content and to 
                submit comments on the proposed plan;
                    ``(C) held 1 or more public hearings to obtain the 
                views of citizens, public agencies, and other 
                interested parties on the needs of the public entity 
                with respect to lead-based paint hazards in eligible 
                facilities;
                    ``(D) provided citizens, public agencies, and other 
                interested parties with reasonable access to records 
                regarding the uses of grant amounts from any grants the 
                public entity has received under this subtitle during 
                the preceding 5 years;
                    ``(E) considered any comments or views of citizens 
                in preparing the final plan for submission under this 
                section, and has attached a summary of such comments or 
                views to the plan submitted; and
                    ``(F) made the plan submitted available to the 
                public.
        A public entity shall be considered to have complied with the 
        requirements of this paragraph if the public entity submits to 
        the Secretary a comprehensive housing affordability strategy 
        required under section 105 of the Cranston-Gonzalez National 
        Affordable Housing Act that includes the information required 
        under paragraphs (1) through (9) of this section, and complies 
        with the requirements of section 107 of such Act (relating to 
        citizen participation).
    ``(b) Review.--
            ``(1) In general.--Upon the submission of a plan under this 
        section, the Secretary shall review the plan to determine 
        whether it is in accordance with this section. Not later than 
        90 days after receipt by the Secretary, the Secretary shall 
        approve the plan unless the Secretary determines that it has 
        not been submitted in accordance with this section, in which 
        case the Secretary shall disapprove the plan.
            ``(2) Notification.--The Secretary shall immediately notify 
        the public entity submitting a plan, in writing, of any 
        approval or disapproval of the plan. A plan shall be considered 
        to have been approved under this subsection for purposes of 
        section 1061(b)(1) unless the Secretary provides notice under 
        this paragraph of disapproval during the period referred to 
        paragraph (1) of this subsection.
            ``(3) Disapproval.--In the case of a plan disapproved by 
        the Secretary, the Secretary shall include with the 
        notification of disapproval a written description of the 
        reasons for the disapproval identifying the specific 
        deficiencies of the plan.
            ``(4) Amendments and resubmission.--Any public entity whose 
        plan has been disapproved may amend or resubmit the plan during 
        the 60-day period beginning upon notice of disapproval. The 
        Secretary shall review, and approve or disapprove a plan 
        amended or resubmitted under this paragraph not later than 60 
        days after receipt of the resubmitted plan, and shall 
        immediately notify the public entity amending or resubmitting 
        the plan, in writing, of such approval or disapproval. A plan 
        resubmitted or amended under this paragraph shall be considered 
        to have been approved under this subsection for purposes of 
        section 1061(b)(1) unless the Secretary provides notice under 
        this paragraph of disapproval during such period.

``SEC. 1068. ANNUAL REPORTS TO SECRETARY.

    ``(a) In General.--An eligible public entity that receives a grant 
under section 1061 shall submit to the Secretary, for such fiscal year, 
a report under this section. The report shall be submitted not later 
than the expiration of the 6-month period beginning upon the 
termination of the fiscal year in which the grant is received, in the 
form and manner required by the Secretary. The Secretary may provide 
for any public entity that is required to submit a report under this 
section that also is required to submit a performance report under 
section 108(a) of the Cranston-Gonzalez National Affordable Housing 
Act, to comply with this section by including the information required 
in the report under this section in such performance report.
    ``(b) Contents.--A report under this section shall include the 
following information:
            ``(1) The sources and amounts from which the entity 
        obtained the non-Federal contributions required by section 
        1063.
            ``(2) The number of children within the jurisdiction of the 
        eligible public entity who have been screened for blood-lead 
        levels and the findings resulting from such screenings.
            ``(3) The amount of funds provided under section 1061 that 
        were expended for each of the categories of activities 
        authorized under section 1064(a).
            ``(4) The amount of funds provided under section 1061 that 
        were expended for abatement activities with respect to owner-
        occupied dwelling units and the amount so expended with respect 
        to rental dwelling units.
            ``(5) The number of eligible facilities for which--
                    ``(A) evaluation activities were conducted;
                    ``(B) emergency measures were conducted (and a 
                description of such activities);
                    ``(C) abatement activities were commenced;
                    ``(D) abatement activities were completed and the 
                facility passed post-abatement clearance testing; and
                    ``(E) abatement activities were completed and the 
                facility failed to pass post-abatement clearance 
                testing.
            ``(6) With respect to eligible facilities described in 
        paragraph (5)(E), a description of the status of such 
        facilities and the reasons underlying such status.
            ``(7) For each eligible facility for which abatement 
        activities and emergency measures have been conducted using 
        grant amounts, the address and owner of the facility and the 
        census tracts within which the facility is located.

``SEC. 1069. DETERMINATION OF AMOUNT OF ALLOTMENT.

    ``(a) Amount of Total Allotment.--The amount of a total allotment 
under section 1061(a)(2) for an eligible public entity for a fiscal 
year shall be an amount equal to the sum of--
            ``(1) the amount of the standard allotment determined for 
        the entity under subsection (b); and
            ``(2) the amount of the supplemental allotment determined 
        for the entity under subsection (d).
    ``(b) Amount of Standard Allotment.--The amount of a standard 
allotment for an eligible public entity for a fiscal year shall be the 
product of--
            ``(1) the amount in the Fund that under section 1062(a) is 
        available for allotments for the fiscal year; and
            ``(2) a percentage equal to the mean of the 3 percentages 
        determined under subsection (c) with respect to the entity.
    ``(c) Percentages Regarding Relevant Factors.--Subject to 
subsection (e), the 3 percentages referred to in subsection (b)(2) with 
respect to an eligible public entity are as follows:
            ``(1) Children in poverty.--The percentage equal to the 
        quotient of--
                    ``(A) an amount equal to the number of children who 
                are less than 6 years of age residing in the 
                jurisdiction of the entity whose families have incomes 
                equal to or below the official poverty line (as defined 
                by the Office of Management and Budget and revised 
                periodically in accordance with section 673(2) of the 
                Omnibus Budget Reconciliation Act of 1981) applicable 
                to the family of the size involved; divided by
                    ``(B) an amount equal to the sum of the respective 
                amounts determined under subparagraph (A) for each 
                eligible public entity.
            ``(2) Families in pre-1950 housing.--The percentage equal 
        to the quotient of--
                    ``(A) an amount equal to the number of families 
                residing in the jurisdiction of the entity that--
                            ``(i) have incomes equal to or less than 
                        such poverty line; and
                            ``(ii) reside in residential units whose 
                        construction was completed by not later than 
                        January 1, 1950; divided by
                    ``(B) an amount equal to the sum of the respective 
                amounts determined under subparagraph (A) for each 
                eligible public entity.
            ``(3) Families in pre-1960 housing.--The percentage equal 
        to the quotient of--
                    ``(A) an amount equal to the number of families 
                residing in the jurisdiction of the entity that--
                            ``(i) have incomes equal to or less than 
                        such poverty line; and
                            ``(ii) reside in residential units whose 
                        construction was completed by not later than 
                        January 1, 1960; divided by
                    ``(B) an amount equal to the sum of the respective 
                amounts determined under subparagraph (A) for each 
                eligible public entity.
    ``(d) Amount of Supplemental Allotment.--
            ``(1) In general.--The amount of a supplemental allotment 
        for an eligible public entity for a fiscal year shall be the 
        product of--
                    ``(A) an amount equal to the aggregate amount of 
                any standard allotments for the fiscal year under 
                section 1061(a)(1) terminated under section 1061(a)(4); 
                and
                    ``(B) a percentage equal to the mean of the 3 
                percentages determined under paragraph (2) with respect 
                to the entity.
            ``(2) Percentages regarding relevant factors.--Subject to 
        subsection (e), the 3 percentages referred to in paragraph 
        (1)(B) with respect to an eligible public entity are as 
        follows:
                    ``(A) Children in poverty.--The percentage equal to 
                the quotient of--
                            ``(i) the amount determined under 
                        subsection (c)(1)(A) for the entity; divided by
                            ``(ii) an amount equal to the sum of the 
                        respective amounts determined under subsection 
                        (c)(1)(A) for each eligible public entity that 
                        receives a grant under section 1061.
                    ``(B) Families in pre-1950 housing.--The percentage 
                equal to the quotient of--
                            ``(i) the amount determined under 
                        subsection (c)(2)(A) for the entity; divided by
                            ``(ii) an amount equal to the sum of the 
                        respective amounts determined under subsection 
                        (c)(2)(A) for each eligible public entity that 
                        receives a grant under section 1061.
                    ``(C) Families in pre-1960 housing.--The percentage 
                equal to the quotient of--
                            ``(i) the amount determined under 
                        subsection (c)(3)(A) for the entity; divided by
                            ``(ii) an amount equal to the sum of the 
                        respective amounts determined under subsection 
                        (c)(3)(A) for each eligible public entity that 
                        receives a grant under section 1061.
    ``(e) Prohibition Against Duplicative Counting.--In the case of any 
eligible public entity within whose jurisdiction there exists the 
jurisdiction of another eligible public entity, the calculations 
regarding percentages made under each of paragraphs (1) through (3) of 
subsection (c) and under each of subparagraphs (A) through (C) of 
subsection (d)(2) may not include any numbers representing children or 
families (as the case may be) who reside in the jurisdiction of the 
other eligible public entity.

``SEC. 1070. CITIZENS' SUITS.

    ``Any person may bring an action against the Secretary where there 
is alleged a failure of the Secretary to perform any act of duty under 
this subtitle that is not discretionary with the Secretary. The court, 
in issuing any final order in any action brought pursuant to this 
section, may award costs of litigation (including reasonable attorney 
and expert witness fees) to the prevailing or substantially prevailing 
party, whenever the court determines that such an award is appropriate. 
Nothing in this section shall restrict any right that any person (or 
class of persons) may have under any statute or common law.

``SEC. 1071. EVALUATION OF PROGRAM; REPORTS TO CONGRESS.

    ``(a) Evaluations.--The Secretary shall, directly or through 
contracts with public or private entities, carry out evaluations of 
representative programs carried out by eligible public entities 
pursuant to this subtitle.
    ``(b) Reports.--Not later than the expiration of the 18-month 
period beginning on the date of the enactment of the Lead-Based Paint 
Hazard Abatement Trust Fund Act of 1993, and every 24 months 
thereafter, the Secretary shall submit to the Congress a report--
            ``(1) summarizing evaluations carried out pursuant to 
        subsection (a) during the preceding 2 fiscal years; and
            ``(2) summarizing reports submitted to the Secretary 
        pursuant to section 1068.

``SEC. 1072. USE OF TRUST FUND AMOUNTS FOR EVALUATION AND 
              ADMINISTRATION.

    ``In each year, of any amounts in the Lead Abatement Trust Fund 
established in section 9512 of the Internal Revenue Code of 1986 on 
October 1, the Secretary may reserve not more than 0.1 percent for 
costs relating to carry out this subtitle (including carrying out 
evaluations under section 1071) during the fiscal year beginning on 
such October 1.

``SEC. 1073. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The term `child day-care structure' means a 
        structure--
                    ``(A) whose purpose includes provision of child 
                care to children under the age of 7; and
                    ``(B) that is operated by an entity licensed by a 
                State or political subdivision of a State to engage in 
                such business.
        The term includes rooms and common areas in school buildings 
        used for activities described in subparagraph (A).
            ``(2) The term `city' has the meaning given such term in 
        section 102 of the Housing and Community Development Act of 
        1974.
            ``(3) The term `eligible public entity' has the meaning 
        given such term in section 1061(b).
            ``(4) The term `eligible residential unit' means an 
        eligible facility under paragraph (5)(A).
            ``(5) The term `eligible facility' means--
                    ``(A) a dwelling unit in target housing that--
                            ``(i) complies with the requirements of 
                        section 1066(a); and
                            ``(ii) is not federally owned housing, 
                        federally assisted housing, or public housing; 
                        or
                    ``(B) a child day-care structure constructed prior 
                to 1978.
            ``(6) The term `emergency measures' means measures to 
        correct identified exposure hazards posed by deteriorated 
        paint, lead-contaminated dust, or lead-contaminated soil at 
        eligible residential units occupied by families whose members 
        include (A) a child who is less than 6 years of age, or (B) a 
        pregnant female.
            ``(7) The term `Fund' means the Lead Abatement Trust Fund 
        established in section 9512 of the Internal Revenue Code of 
        1986.
            ``(8) The term `grant amounts' means amounts received under 
        a grant under this subtitle.
            ``(9) The term `local lead-based paint law' means any law, 
        ordinance, or code that expressly provides protection of 
        individuals from hazards posed by lead-based paint in dwelling 
        units.
            ``(10) The terms `low-income family' and `very low-income 
        family' have the meanings given such terms in section 104 of 
        the Cranston-Gonzalez National Affordable Housing Act.
            ``(11) The term `post-abatement clearance testing' means 
        testing required before occupancy of an abated unit in 
        accordance with regulations implementing title IV of the Toxic 
        Substances Control Act.
            ``(12) The term `public entity' means a State, urban 
        county, or city.
            ``(13) The term `standard allotment' means the allotment 
        made for eligible public entities under section 1061(a)(1).
            ``(14) The term `State' means each of the several States, 
        the District of Columbia, and each of the Commonwealth of 
        Puerto Rico, American Samoa, Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands, and the Trust 
        Territory of the Pacific Islands.
            ``(15) The term `supplemental allotment' means the portion 
        of a total allotment in the amount determined in accordance 
        with section 1069(d).
            ``(16) The term `total allotment` means the allotment made 
        under section 1061(a)(2).
            ``(17) The term `urban county' has the meaning given such 
        term in section 102 of the Housing and Community Development 
        Act of 1974, except that in determining whether 200,000 or more 
        individuals reside in the county, the population of any 
        metropolitan cities (as defined in such section) in the county 
        shall be included.

``SEC. 1074. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Lead Abatement 
Trust Fund the amounts required to be paid to eligible public entities 
under sections 1061.

``SEC. 1075. REGULATIONS.

    ``(a) In General.--The Secretary shall issue any regulations 
necessary to carry out this subtitle. Such regulations shall include 
regulations regarding the content and submission of plans under section 
1067.
    ``(b) Requirements.--The Secretary shall issue the regulations 
required in subsection (a) through rulemaking in accordance with the 
procedures established under section 553 of title 5, United States 
Code, regarding substantive rules. Such regulations shall be issued not 
later than the expiration of the 12-month period beginning on the date 
of the enactment of the Lead-Based Paint Hazard Abatement Trust Fund 
Act of 1993.
    ``(c) Rule of Construction.--Any failure by the Secretary to issue 
any regulations required under this section shall not affect the 
effectiveness of the provisions of this subtitle.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Housing and Community Development Act of 1992 is amended by 
striking the items relating to subtitle E of title X and section 1061 
and inserting 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.''.

SEC. 4. EXCISE TAX ON LEAD AND LEAD PRODUCTS.

    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 
(relating to environmental taxes) is amended by adding at the end 
thereof the following new subchapter:

                 ``Subchapter E--Lead and Lead Products

                              ``Sec. 4686. Lead and lead products.

``SEC. 4686. LEAD AND LEAD PRODUCTS.

    ``(a) General Rule; Rate.--There is hereby imposed a tax of 45 
cents per pound on--
            ``(1) lead removed from any United States smelter, and
            ``(2) lead and lead in any taxable lead product entered 
        into the United States for consumption, use, or warehousing.
    ``(b) Liability for Tax.--
            ``(1) Removal.--The tax imposed by subsection (a)(1) shall 
        be paid by the operator of the United States smelter.
            ``(2) Importation.--The tax imposed by subsection (a)(2) 
        shall be paid by the person entering the lead or taxable lead 
        product into the United States for consumption, use, or 
        warehousing.
    ``(c) Definitions.--For purposes of this subchapter:
            ``(1) Primary lead.--The term `primary lead' means lead 
        that has not been previously used in any finished or unfinished 
        product.
            ``(2) Secondary lead.--The term `secondary lead' means lead 
        that has been previously used in any finished or unfinished 
        product.
            ``(3) Taxable lead products.--The term `taxable lead 
        products' means any product more than 0.06 percent of the dry 
        weight of which is attributable to lead.
            ``(4) United states smelter.--The term `United States 
        smelter' means any facility in the United States at which 
        primary or secondary lead is smelted.
    ``(d) Credit or Refund for Exports of Lead or Taxable Lead 
Products.--
            ``(1) In general.--If--
                    ``(A) tax was imposed by this section with respect 
                to any lead, and
                    ``(B)(i) such lead was exported by any person, or
                    ``(ii) such lead was used as a material in the 
                manufacture or production of any taxable lead product 
                which was exported by any person,
        credit or refund (without interest) shall be allowed or made to 
        the person who paid such tax.
            ``(2) Conditions of allowance.--Rules similar to the rules 
        of section 4662(e)(2)(B) shall apply for purposes of this 
        subsection.
            ``(3) Refunds directly to exporter.--Rules similar to the 
        rules of section 4662(e)(3) shall apply for purposes of this 
        subsection.
    ``(e) Termination.--No tax shall be imposed by this section after 
the 10-year period beginning on the date of the enactment of this 
section.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 38 of 
such Code is amended by adding at the end thereof the following new 
item:

                              ``Subchapter E. Lead or lead products''.

SEC. 5. LEAD ABATEMENT TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to trust fund) is amended by adding at the end 
thereof the following new section:

``SEC. 9512. LEAD ABATEMENT TRUST FUND.

    ``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the `Lead 
Abatement Trust Fund', consisting of such amounts as may be credited to 
such trust fund as provided in this section or section 9602(b).
    ``(b) Credits to Trust Fund.--There are hereby credited to the Lead 
Abatement Trust Fund amounts equivalent to the taxes received in the 
Treasury under section 4686 (relating to tax on lead and lead products) 
and any amounts recovered by the Secretary pursuant to section 
1066(d)(2) of the Housing and Community Development Act of 1992.
    ``(c) Expenditures From Trust Fund.--
            ``(1) In general.--Amounts in the Lead Abatement Trust Fund 
        shall be available for purposes of making grants under sections 
        1061 and 1069(d) of the Housing and Community Development Act 
        of 1992 and for administrative cost as provided in section 1072 
        of such Act, but shall not be available for any other purpose.
            ``(2) Transfers for credits and refunds.--The Secretary 
        shall pay from time to time from the Lead Abatement Trust Fund 
        amounts equivalent to the credits allowed and refunds made 
        under section 4684(d).''.
    (b) Clerical Amendment.--The table of sections for such subchapter 
A is amended by adding at the end thereof the following new item:

                              ``Sec. 9512. Lead Abatement Trust 
                                        Fund.''.

SEC. 6. EFFECTIVE DATES.

    (a) Formula Grants.--The amendments made by section 3 shall take 
effect October 1, 1994, or upon the date of the enactment of this Act, 
whichever occurs later.
    (b) Imposition of Excise Tax; Establishment of Fund.--The 
amendments made by sections 4 and 5 shall take effect upon the date of 
the enactment of this Act.

                                 <all>

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