I 

116TH CONGRESS 

1ST SESSION H. R. 4088 

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 

JULY 26, 2019 

Mr. BLUMENAUER (for himself, Mr. CONNOLLY, Mr. MCNERNEY, Ms. SEWELL of Alabama, Ms. NORTON, Mr. GRIJALVA, and Mr. CARTWRIGHT) 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Superfund Reinvest3 ment Act’’. 

4 SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR 

5 CLEANUP. 

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

7 Comprehensive Environmental Response, Compensation, 

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

9 (1) in subsection (a) by striking ‘‘For the pur10 poses specified’’ and all that follows through ‘‘for 

11 the following purposes:’’ and inserting the following: 

12 ‘‘The amount in the Hazardous Substance Super13 fund established under section 9507 of the Internal 

14 Revenue Code of 1986 shall be available, without 

15 further appropriation, to be used for the purposes 

16 specified in this section. The President shall use 

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

18 (2) in subsection (c)— 

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

20 as are provided in appropriations Acts, the’’ 

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

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

23 extent that such costs’’ and all that follows 

24 through ‘‘and 1994’’. 


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1 (b) AMENDMENT TO THE INTERNAL REVENUE

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

3 1986 is amended— 

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

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

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

7 and inserting ‘‘transferred’’; 

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

9 Acts,’’ in subsection (c)(1); and 

10 (4) by striking ‘‘December 31, 1995’’ in sub11 section (d)(3)(B) and inserting ‘‘December 31, 

12 2028’’. 

13 SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUB14 STANCE SUPERFUND. 

15 Notwithstanding any other provision of law, the re16 ceipts and disbursements of the Hazardous Substance 

17 Superfund established in section 9507 of the Internal Rev18 enue Code of 1986— 

19 (1) shall not be counted as new budget author20 ity, outlays, receipts, or deficit or surplus for pur21 poses of— 

22 (A) the budget of the United States Gov23 ernment as submitted by the President; 


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1 (B) the congressional budget (including al2 locations of budget authority and outlays pro3 vided therein); 

4 (C) the Balanced Budget and Emergency 

5 Deficit Control Act of 1985; or 

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

7 2010; 

8 (2) shall be exempt from any general budget 

9 limitation imposed by statute on expenditures and 

10 net lending (budget outlays) of the United States 

11 Government; and 

12 (3) shall be available only for the purposes 

13 specified in section 111 of the Comprehensive Envi14 ronmental Response, Compensation, and Liability 

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

16 SEC. 4. MODIFICATION OF SUPERFUND TAXES. 

17 (a) HAZARDOUS SUBSTANCE SUPERFUND FINANC18 ING RATE.— 

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

20 4611 of the Internal Revenue Code of 1986 is 

21 amended to read as follows: 

22 ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE

23 SUPERFUND FINANCING RATE.—The Hazardous Sub24 stance Superfund financing rate under this section shall 

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


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1 1996, and after the date of the enactment of the Super2 fund Reinvestment Act and before January 1, 2029.’’. 

3 (2) ADJUSTMENT FOR INFLATION.— 

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

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

6 ‘‘16.3 cents’’. 

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

8 amended by adding at the end the following: 

9 ‘‘(3) ADJUSTMENT FOR INFLATION.— 

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

11 beginning after 2020, the amount in paragraph 

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

13 to— 

14 ‘‘(i) such amount, multiplied by 

15 ‘‘(ii) the cost-of-living adjustment de16 termined under section 1(f)(3) for the cal17 endar year, determined by substituting 

18 ‘calendar year 2019’ for ‘calendar year 

19 2016’ in subparagraph (A)(ii) thereof. 

20 ‘‘(B) ROUNDING.—If any amount as ad21 justed under subparagraph (A) is not a multiple 

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

23 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 2020, 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 2019’ for ‘calendar year 

11 2016’ in subparagraph (A)(ii) 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 such Code is amended by inserting after part VII 

20 the following: 


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1 ‘‘PART VIII—ENVIRONMENTAL TAX 

‘‘Sec. 59B. Environmental tax. 

2 ‘‘SEC. 59B. 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 environmental tax taxable in8 come of such corporation for the taxable year, over 

9 ‘‘(2) $3,735,000. 

10 ‘‘(b) MODIFIED ENVIRONMENTAL TAX TAXABLE IN11 COME.—For purposes of this section, the term ‘modified 

12 environmental tax taxable income’ means taxable income 

13 determined without regard to— 

14 ‘‘(1) the net operating loss deduction allowable 

15 under section 172, and 

16 ‘‘(2) the deduction allowed under section 

17 164(a)(5). 

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

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

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

21 part I of subchapter M applies, and 

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

23 part II of subchapter M applies. 

24 ‘‘(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 2020, 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 2019’ for 

17 ‘calendar year 2016’ in subparagraph (A)(ii) 

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, 2029.’’. 

3 (2) CONFORMING AMENDMENTS.— 

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

5 Code is amended by striking ‘‘and’’ at the end 

6 of subparagraph (X), by striking the period at 

7 the end of subparagraph (Y) and inserting ‘‘, 

8 and’’, and by adding at the end the following 

9 new subparagraph: 

10 ‘‘(Z) section 59B (relating to environ11 mental tax).’’. 

12 (B) Subsection (a) of section 164 of such 

13 Code is amended by inserting after paragraph 

14 (4) the following: 

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

16 59B.’’. 

17 (C) Section 275(a) of such Code is amend18 ed by inserting at the end the following flush 

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

20 tax imposed by section 59B.’’. 

21 (D) Section 882(a)(1) of such Code is 

22 amended by striking ‘‘or 59A’’ and inserting ‘‘, 

23 59A, or 59B’’. 

24 (E) Section 1561(a) of such Code is 

25 amended by inserting ‘‘and one dollar amount 


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1 in effect under section 59B(a)(2) for the tax2 able year for purposes of computing the tax im3 posed by section 59B’’ after ‘‘under section 

4 535(c)(2) and (3)’’. 

5 (F) Section 6425(c)(1)(A) of such Code is 

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

7 by striking ‘‘over’’ at the end of clause (ii) and 

8 inserting ‘‘plus’’, and by inserting after clause 

9 (ii) the following: 

10 ‘‘(iii) the tax imposed by section 59B, 

11 over’’. 

12 (G) Section 6655 of such Code is amend13 ed— 

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

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

16 and modified taxable income’’ and insert17 ing ‘‘taxable income, modified taxable in18 come, and modified environmental tax tax19 able income’’; 

20 (ii) in subsection (e)(2)(B), by insert21 ing after clause (ii) the following: 

22 ‘‘(iii) MODIFIED ENVIRONMENTAL

23 TAX TAXABLE INCOME.—The term ‘modi24 fied environmental tax taxable income’ has 


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1 the meaning given to such term by section 

2 59B(b).’’; and 

3 (iii) in subsection (g)(1)(A), by strik4 ing ‘‘plus’’ at the end of clause (ii), by re5 designating clause (iii) as clause (iv) and 

6 by inserting after clause (ii) the following: 

7 ‘‘(iii) the tax imposed by section 59B, 

8 plus’’. 

9 (H) Section 9507(b)(1) of such Code is 

10 amended by inserting ‘‘59B,’’ before ‘‘4611’’. 

11 (3) CLERICAL AMENDMENT.—The table of 

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

13 amended by inserting after the item relating to part 

14 VII the following new item: 

‘‘PART VIII. ENVIRONMENTAL TAX’’. 

15 (d) CLARIFICATION OF TAR SANDS AS CRUDE OIL

16 FOR EXCISE TAX PURPOSES.— 

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

18 Code is amended to read as follows: 

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

20 crude oil condensates, natural gasoline, any bitumen 

21 or bituminous mixture, any oil derived from a bitu22 men or bituminous mixture (including oil derived 

23 from tar sands), and any oil derived from kerogen24 bearing sources (including oil derived from oil 

25 shale).’’. 


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1 (2) TECHNICAL AMENDMENT.—Section 

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

3 ‘‘from a well located’’. 

4 (e) TECHNICAL AMENDMENTS.— 

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

6 is amended— 

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

8 paragraph (1)(A); 

9 (B) by striking ‘‘or exportation’’ in para10 graph (1)(B); and 

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

12 the heading thereof. 

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

14 Code is amended— 

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

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

17 oil’’; and 

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

19 heading thereof. 

20 (f) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the amendments made by this section 

23 shall apply to oil and petroleum products received or 

24 entered during calendar quarters beginning after 

25 December 31, 2019. 


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1 (2) CORPORATE ENVIRONMENTAL INCOME

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

3 apply to taxable years beginning after December 31, 

4 2019. 

5 SEC. 5. APPLICABILITY. 

6 Except as provided in section 4(f), this Act (including 

7 the amendments made by this Act) shall apply to fiscal 

8 years beginning after September 30, 2019. 

Æ 


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