I 

114TH CONGRESS 

1ST SESSION H. R. 2768 

To amend the Internal Revenue Code of 1986 to provide for the use of 

funds in the Hazardous Substance Superfund for the purposes for which 

they were collected, to ensure adequate resources for the cleanup of 

hazardous substances under the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2015 

Mr. BLUMENAUER (for himself, Mr. KEATING, Ms. NORTON, Mr. GRIJALVA, 

Mr. GUTIE ́RREZ, Mr. BEYER, Mr. HONDA, Ms. SLAUGHTER, Mr. PALLONE, Mr. PASCRELL, Mr. CONNOLLY, Ms. JUDY CHU of California, Mr. 

CONYERS, Mr. SCHIFF, Mr. CARTWRIGHT, Mr. HUFFMAN, and Mr. 

MCNERNEY) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, and the Budget, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, 

to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980, and for other purposes. 


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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 ‘‘Superfund Reinvest5 ment Act’’. 

6 SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR 

7 CLEANUP. 

8 (a) AVAILABILITY OF AMOUNTS.—Section 111 of the 

9 Comprehensive Environmental Response, Compensation, 

10 and Liability Act of 1980 (42 U.S.C. 9611) is amended— 

11 (1) in subsection (a) by striking ‘‘For the pur12 poses specified’’ and all that follows through ‘‘for 

13 the following purposes:’’ and inserting the following: 

14 ‘‘The amount in the Hazardous Substance Super15 fund established under section 9507 of the Internal 

16 Revenue Code of 1986 shall be available, without 

17 further appropriation, to be used for the purposes 

18 specified in this section. The President shall use 

19 such amount for the following purposes:’’; and 

20 (2) in subsection (c)— 

21 (A) by striking ‘‘Subject to such amounts 

22 as are provided in appropriations Acts, the’’ 

23 each place it appears and inserting ‘‘The’’; and 


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1 (B) in paragraph (12) by striking ‘‘to the 

2 extent that such costs’’ and all that follows 

3 through ‘‘and 1994’’. 

4 (b) AMENDMENT TO THE INTERNAL REVENUE

5 CODE.—Section 9507 of the Internal Revenue Code of 

6 1986 is amended— 

7 (1) by striking ‘‘appropriated to’’ in subsection 

8 (a)(1) and inserting ‘‘made available for’’; 

9 (2) by striking ‘‘appropriated’’ in subsection (b) 

10 and inserting ‘‘transferred’’; 

11 (3) by striking ‘‘, as provided in appropriations 

12 Acts,’’ in subsection (c)(1); and 

13 (4) by striking ‘‘December 31, 1995’’ in sub14 section (d)(3)(B) and inserting ‘‘December 31, 

15 2024’’. 

16 SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUB17 STANCE SUPERFUND. 

18 Notwithstanding any other provision of law, the re19 ceipts and disbursements of the Hazardous Substance 

20 Superfund established in section 9507 of the Internal Rev21 enue Code of 1986— 

22 (1) shall not be counted as new budget author23 ity, outlays, receipts, or deficit or surplus for pur24 poses of— 


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1 (A) the budget of the United States Gov2 ernment as submitted by the President; 

3 (B) the congressional budget (including al4 locations of budget authority and outlays pro5 vided therein); 

6 (C) the Balanced Budget and Emergency 

7 Deficit Control Act of 1985; or 

8 (D) the Statutory Pay-As-You-Go Act of 

9 2010; 

10 (2) shall be exempt from any general budget 

11 limitation imposed by statute on expenditures and 

12 net lending (budget outlays) of the United States 

13 Government; and 

14 (3) shall be available only for the purposes 

15 specified in section 111 of the Comprehensive Envi16 ronmental Response, Compensation, and Liability 

17 Act of 1980 (42 U.S.C. 9611). 

18 SEC. 4. MODIFICATION OF SUPERFUND TAXES. 

19 (a) HAZARDOUS SUBSTANCE SUPERFUND FINANC20 ING RATE.— 

21 (1) EXTENSION.—Subsection (e) of section 

22 4611 of the Internal Revenue Code of 1986 is 

23 amended to read as follows: 

24 ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE

25 SUPERFUND FINANCING RATE.—The Hazardous SubVerDate Sep 11 2014 04:19 Jun 18, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2768.IH H2768

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1 stance Superfund financing rate under this section shall 

2 apply after December 31, 1986, and before January 1, 

3 1996, and after the date of the enactment of the Super4 fund Reinvestment Act and before January 1, 2025.’’. 

5 (2) ADJUSTMENT FOR INFLATION.— 

6 (A) Section 4611(c)(2)(A) of such Code is 

7 amended by striking ‘‘9.7 cents’’ and inserting 

8 ‘‘16.3 cents’’. 

9 (B) Section 4611(c) of such Code is 

10 amended by adding at the end the following: 

11 ‘‘(3) ADJUSTMENT FOR INFLATION.— 

12 ‘‘(A) IN GENERAL.—In the case of a year 

13 beginning after 2016, the amount in paragraph 

14 (2)(A) shall be increased by an amount equal 

15 to— 

16 ‘‘(i) such amount, multiplied by 

17 ‘‘(ii) the cost-of-living adjustment de18 termined under section 1(f)(3) for the cal19 endar year, determined by substituting 

20 ‘calendar year 2015’ for ‘calendar year 

21 1992’ in subparagraph (B) thereof. 

22 ‘‘(B) ROUNDING.—If any amount as ad23 justed under subparagraph (A) is not a multiple 

24 of $0.01, such amount shall be rounded to the 

25 next lowest multiple of $0.01.’’. 


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1 (b) ADJUSTMENT OF EXCISE TAX ON CERTAIN

2 CHEMICALS FOR INFLATION.—Section 4661(b) of such 

3 Code is amended to read as follows: 

4 ‘‘(b) AMOUNT OF TAX.— 

5 ‘‘(1) IN GENERAL.—The amount of the tax im6 posed by subsection (a) shall be determined in ac7 cordance with the following table: 

‘‘In the case of: The tax is the following 

amount per ton: 

Acetylene $11.35

Benzene 11.35

Butane 11.35

Butylene 11.35

Butadiene 11.35

Ethylene 11.35

Methane 8.02

Naphthalene 11.35

Propylene 11.35

Toluene 11.35

Xylene 11.35

Ammonia 6.15

Antimony 10.37

Antimony trioxide 8.74

Arsenic 10.37

Arsenic trioxide 7.95

Barium sulfide 5.36

Bromine 10.37

Cadmium 10.37

Chlorine 6.29

Chromium 10.37

Chromite 3.54

Potassium dichromate 3.94

Sodium dichromate 4.36

Cobalt 10.37

Cupric sulfate 4.36

Cupric oxide 8.37

Cuprous oxide 9.25

Hydrochloric acid 0.68

Hydrogen fluoride 9.86

Lead oxide 9.65

Mercury 10.37

Nickel 10.37

Phosphorus 10.37

Stannous chloride 6.64

Stannic chloride 4.94

Zinc chloride 5.17


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‘‘In the case of: The tax is the following 

amount per ton: 

Zinc sulfate 4.43

Potassium hydroxide 0.51

Sodium hydroxide 0.65

Sulfuric acid 0.61

Nitric acid 0.56. 

1 ‘‘(2) ADJUSTMENT FOR INFLATION.— 

2 ‘‘(A) IN GENERAL.—In the case of a cal3 endar year beginning after 2016, each of the 

4 amounts in the table in paragraph (1) shall be 

5 increased by an amount equal to— 

6 ‘‘(i) such amount, multiplied by 

7 ‘‘(ii) the cost-of-living adjustment de8 termined under section 1(f)(3) for the cal9 endar year, determined by substituting 

10 ‘calendar year 2015’ for ‘calendar year 

11 1992’ in subparagraph (B) thereof. 

12 ‘‘(B) ROUNDING.—If any amount as ad13 justed under subparagraph (A) is not a multiple 

14 of $0.01, such amount shall be rounded to the 

15 next lowest multiple of $0.01.’’. 

16 (c) CORPORATE ENVIRONMENTAL INCOME TAX RE17 INSTATED.— 

18 (1) IN GENERAL.—Subchapter A of chapter 1 

19 of the such Code is amended by inserting after part 

20 VI the following: 


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1 ‘‘PART VII—ENVIRONMENTAL TAX 

2 ‘‘SEC. 59A. ENVIRONMENTAL TAX. 

3 ‘‘(a) IMPOSITION OF TAX.—In the case of a corpora4 tion, there is hereby imposed (in addition to any other tax 

5 imposed by this subtitle) a tax equal to 0.12 percent of 

6 the excess of— 

7 ‘‘(1) the modified alternative minimum taxable 

8 income of such corporation for the taxable year, over 

9 ‘‘(2) $3,735,000. 

10 ‘‘(b) MODIFIED ALTERNATIVE MINIMUM TAXABLE

11 INCOME.—For purposes of this section, the term ‘modified 

12 alternative minimum taxable income’ means alternative 

13 minimum taxable income (as defined in section 55(b)(2)) 

14 but determined without regard to— 

15 ‘‘(1) the alternative tax net operating loss de16 duction (as defined in section 56(d)), and 

17 ‘‘(2) the deduction allowed under section 

18 164(a)(5). 

19 ‘‘(c) EXCEPTION FOR RICS AND REITS.—The tax 

20 imposed by subsection (a) shall not apply to— 

21 ‘‘(1) a regulated investment company to which 

22 part I of subchapter M applies, and 

23 ‘‘(2) a real estate investment trust to which 

24 part II of subchapter M applies. 

25 ‘‘(d) SPECIAL RULES.— 


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1 ‘‘(1) SHORT TAXABLE YEARS.—The application 

2 of this section to taxable years of less than 12 

3 months shall be in accordance with regulations pre4 scribed by the Secretary. 

5 ‘‘(2) SECTION 15 NOT TO APPLY.—Section 15 

6 shall not apply to the tax imposed by this section. 

7 ‘‘(e) ADJUSTMENT FOR INFLATION.— 

8 ‘‘(1) IN GENERAL.—In the case of a taxable 

9 year beginning after 2016, the dollar amount in sub10 section (a)(2) shall be increased by an amount equal 

11 to— 

12 ‘‘(A) such amount, multiplied by 

13 ‘‘(B) the cost-of-living adjustment deter14 mined under section 1(f)(3) for the calendar 

15 year in which the taxable year begins, deter16 mined by substituting ‘calendar year 2015’ for 

17 ‘calendar year 1992’ in subparagraph (B) 

18 thereof. 

19 ‘‘(2) ROUNDING.—If any amount as adjusted 

20 under subparagraph (A) is not a multiple of $1,000, 

21 such amount shall be rounded to the next lowest 

22 multiple of $1,000. 

23 ‘‘(f) APPLICATION OF TAX.—The tax imposed by this 

24 section shall apply to taxable years ending after the date 


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1 of the enactment of the Superfund Reinvestment Act and 

2 beginning before January 1, 2025.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Paragraph (2) of section 26(b) of such 

5 Code is amended by inserting after subpara6 graph (A) the following: 

7 ‘‘(B) section 59A (relating to environ8 mental tax),’’. 

9 (B) Section 30A(c) of such Code is amend10 ed by redesignating paragraphs (1), (2), and 

11 (3) as paragraphs (2), (3), and (4), respec12 tively, and by inserting before paragraph (2) 

13 (as so redesignated) the following: 

14 ‘‘(1) section 59A (relating to environmental 

15 tax),’’. 

16 (C) Subsection (a) of section 164 of such 

17 Code is amended by inserting after paragraph 

18 (4) the following: 

19 ‘‘(5) The environmental tax imposed by section 

20 59A.’’. 

21 (D) Section 275(a) of such Code is amend22 ed by inserting at the end the following flush 

23 sentence: ‘‘Paragraph (1) shall not apply to the 

24 tax imposed by section 59A.’’. 


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1 (E) Section 882(a)(1) of such Code is 

2 amended by inserting ‘‘59A,’’ after ‘‘55,’’. 

3 (F) Section 1561(a) of such Code is 

4 amended— 

5 (i) by striking ‘‘and’’ at the end of 

6 paragraph (2), 

7 (ii) by striking the period at the end 

8 of paragraph (3) and inserting ‘‘, and’’, 

9 (iii) by inserting after paragraph (3) 

10 the following: 

11 ‘‘(4) one dollar amount in effect under section 

12 59A(a)(2) for the taxable year for purposes of com13 puting the tax imposed by section 59A.’’, and 

14 (iv) by striking ‘‘and the amount spec15 ified in paragraph (3)’’ and inserting ‘‘, 

16 the amount specified in paragraph (3), and 

17 the amount specified in paragraph (4)’’. 

18 (G) Section 6425(c)(1)(A) of such Code is 

19 amended by striking ‘‘plus’’ at end of clause (i), 

20 by inserting ‘‘plus’’ at the end of clause (ii), 

21 and by inserting after clause (ii) the following: 

22 ‘‘(iii) the tax imposed by section 59A, 

23 over’’. 

24 (H) Section 6655 of such Code is amend25 ed— 


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1 (i) in subsections (e)(2)(A)(i) and 

2 (e)(2)(B)(i), by striking ‘‘taxable income 

3 and alternative minimum taxable income’’ 

4 and inserting ‘‘taxable income, alternative 

5 minimum taxable income, and modified al6 ternative minimum taxable income’’, 

7 (ii) in subsection (e)(2)(B), by insert8 ing after clause (ii) the following: 

9 ‘‘(iii) MODIFIED ALTERNATIVE MIN10 IMUM TAXABLE INCOME.—The term ‘modi11 fied alternative minimum taxable income’ 

12 has the meaning given to such term by sec13 tion 59A(b).’’, and 

14 (iii) in subsection (g)(1)(A), by strik15 ing ‘‘plus’’ at the end of clause (ii), by re16 designating clause (iii) as clause (iv) and 

17 by inserting after clause (ii) the following: 

18 ‘‘(iii) the tax imposed by section 59A, 

19 plus’’. 

20 (I) Section 9507(b)(1) of such Code is 

21 amended by inserting ‘‘59A,’’ before ‘‘4611’’. 

22 (3) CLERICAL AMENDMENT.—The table of 

23 parts for subchapter A of chapter 1 of such Code is 

24 amended by inserting after the item relating to part 

25 VI the following new item: 

‘‘PART VII. ENVIRONMENTAL TAX’’. 


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1 (d) CLARIFICATION OF TAR SANDS AS CRUDE OIL

2 FOR EXCISE TAX PURPOSES.— 

3 (1) IN GENERAL.—Section 4612(a)(1) of such 

4 Code is amended to read as follows: 

5 ‘‘(1) CRUDE OIL.—The term ‘crude oil’ includes 

6 crude oil condensates, natural gasoline, any bitumen 

7 or bituminous mixture, any oil derived from a bitu8 men or bituminous mixture (including oil derived 

9 from tar sands), and any oil derived from kerogen10 bearing sources (including oil derived from oil 

11 shale).’’. 

12 (2) TECHNICAL AMENDMENT.—Section 

13 4612(a)(2) of such Code is amended by striking 

14 ‘‘from a well located’’. 

15 (e) TECHNICAL AMENDMENTS.— 

16 (1) Subsection (b) of section 4611 of such Code 

17 is amended— 

18 (A) by striking ‘‘or exported from’’ in 

19 paragraph (1)(A); 

20 (B) by striking ‘‘or exportation’’ in para21 graph (1)(B); and 

22 (C) by striking ‘‘AND EXPORTATION’’ in 

23 the heading thereof. 

24 (2) Paragraph (3) of section 4611(d) of such 

25 Code is amended— 


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1 (A) by striking ‘‘or exporting the crude oil, 

2 as the case may be’’ and inserting ‘‘the crude 

3 oil’’; and 

4 (B) by striking ‘‘OR EXPORTS’’ in the 

5 heading thereof. 

6 (f) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by this section 

9 shall apply to oil and petroleum products received or 

10 entered during calendar quarters beginning after 

11 December 31, 2015. 

12 (2) CORPORATE ENVIRONMENTAL INCOME

13 TAX.—The amendment made by section 4(c) shall 

14 apply to taxable years beginning after December 31, 

15 2015. 

16 SEC. 5. APPLICABILITY. 

17 (a) IN GENERAL.—Except as provided in section 4(f), 

18 this Act (including the amendments made by this Act) 

19 shall apply to fiscal years beginning after September 30, 

20 2015. 

Æ 


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