‘‘(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 hous-
ing; 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 preg-
nant female.
‘‘(7) The term ‘Fund’ means the Lead Abate-
ment 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 Na-
tional Affordable Housing Act.
‘‘(11) The term ‘post-abatement clearance test-
ing’ means testing required before occupancy of an
abated unit in accordance with regulations imple-
menting 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 sec-
tion 1061(a)(1).
‘‘(14) The term ‘State’ means each of the sev-
eral 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 deter-
mined in accordance with section 1069(d).
‘‘(16) The term ‘total allotment‘ means the al-
lotment 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 re-
side in the county, the population of any metropoli-
tan 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 regu-
lations 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 sec-
tion 553 of title 5, United States Code, regarding sub-
stantive 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 Haz-
ard Abatement Trust Fund Act of 1993.
‘‘(c) RULE OF CONSTRUCTION.—Any failure by the
Secretary to issue any regulations required under this sec-
tion 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 Develop-
ment Act of 1992 is amended by striking the items relat-
ing 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 Develop-
ment.’’.
SEC. 4. EXCISE TAX ON LEAD AND LEAD PRODUCTS.
(a) IN GENERAL.—Chapter 38 of the Internal Reve-
nue 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 im-
posed 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 sub-
section (a)(1) shall be paid by the operator of the
United States smelter.
‘‘(2) IMPORTATION.—The tax imposed by sub-
section (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: