I 

117TH CONGRESS 

1ST SESSION H. R. 2674 

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 

APRIL 20, 2021 

Mr. BLUMENAUER (for himself, Ms. BARRAGA ́N, Mr. CARTWRIGHT, Mr. 

CLEAVER, Mr. COHEN, Mr. GARCI ́A of Illinois, Mr. GRIJALVA, Mr. 

HUFFMAN, Ms. JAYAPAL, Mr. JONES, Mr. KILDEE, Ms. NEWMAN, Ms. 

NORTON, Mr. PALLONE, and Mr. SIRES) 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. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2674 IH

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 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2674 IH

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 2029’’. 

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— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2674 IH

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 23:52 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2674.IH H2674

kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2674 IH

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.’’. 

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 ‘‘16.4 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 2021, 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 2020’ for ‘calendar year 

21 2016’ in subparagraph (A)(ii) 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.’’. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2674 IH

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 $14.30

Benzene 14.30

Butane 14.30

Butylene 14.30

Butadiene 14.30

Ethylene 14.30

Methane 10.10

Naphthalene 14.30

Propylene 14.30

Toluene 14.30

Xylene 14.30

Ammonia 7.75

Antimony 13.06

Antimony trioxide 11.01

Arsenic 13.06

Arsenic trioxide 10.01

Barium sulfide 6.75

Bromine 13.06

Cadmium 13.06

Chlorine 7.93

Chromium 13.06

Chromite 4.46

Potassium dichromate 4.96

Sodium dichromate 5.49

Cobalt 13.06

Cupric sulfate 5.49

Cupric oxide 10.54

Cuprous oxide 11.66

Hydrochloric acid 0.85

Hydrogen fluoride 12.42

Lead oxide 12.15

Mercury 13.06

Nickel 13.06

Phosphorus 13.06

Stannous chloride 8.37

Stannic chloride 6.22

Zinc chloride 6.52


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2674 IH

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

amount per ton: 

Zinc sulfate 5.58

Potassium hydroxide 0.65

Sodium hydroxide 0.82

Sulfuric acid 0.76

Nitric acid 0.70. 

1 ‘‘(2) ADJUSTMENT FOR INFLATION.— 

2 ‘‘(A) IN GENERAL.—In the case of a cal3 endar year beginning after 2021, 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 2020’ 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: 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2674 IH

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) $4,700,000. 

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.— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2674 IH

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 2021, 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 2020’ 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 

25 of the enactment of the Superfund Reinvestment Act.’’. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2674 IH

1 (2) CONFORMING AMENDMENTS.— 

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

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

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

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

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

7 new subparagraph: 

8 ‘‘(Z) section 59B (relating to environ9 mental tax).’’. 

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

11 Code is amended by inserting after paragraph 

12 (4) the following: 

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

14 59B.’’. 

15 (C) Section 275(a) of such Code is amend16 ed by inserting at the end the following flush 

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

18 tax imposed by section 59B.’’. 

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

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

21 59A, or 59B’’. 

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

23 amended by inserting ‘‘and one dollar amount 

24 in effect under section 59B(a)(2) for the tax25 able year for purposes of computing the tax imVerDate Sep 11 2014 23:52 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2674.IH H2674

kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 2674 IH

1 posed by section 59B’’ after ‘‘under section 

2 535(c)(2) and (3)’’. 

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

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

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

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

7 (ii) the following: 

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

9 over’’. 

10 (G) Section 6655 of such Code is amend11 ed— 

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

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

14 and modified taxable income’’ and insert15 ing ‘‘taxable income, modified taxable in16 come, and modified environmental tax tax17 able income’’; 

18 (ii) in subsection (e)(2)(B), by insert19 ing after clause (ii) the following: 

20 ‘‘(iii) MODIFIED ENVIRONMENTAL

21 TAX TAXABLE INCOME.—The term ‘modi22 fied environmental tax taxable income’ has 

23 the meaning given to such term by section 

24 59B(b).’’; and 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 2674 IH

1 (iii) in subsection (g)(1)(A), by strik2 ing ‘‘plus’’ at the end of clause (ii), by re3 designating clause (iii) as clause (iv) and 

4 by inserting after clause (ii) the following: 

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

6 plus’’. 

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

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

9 (3) CLERICAL AMENDMENT.—The table of 

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

11 amended by inserting after the item relating to part 

12 VII the following new item: 

‘‘PART VIII. ENVIRONMENTAL TAX’’. 

13 (d) TECHNICAL AMENDMENTS.— 

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

15 is amended— 

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

17 paragraph (1)(A); 

18 (B) by striking ‘‘or exportation’’ in para19 graph (1)(B); and 

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

21 the heading thereof. 

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

23 Code is amended— 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 2674 IH

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 (e) 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, 2021. 

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 2021. 

16 SEC. 5. APPLICABILITY. 

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

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

19 years beginning after September 30, 2021. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS