I 
117TH CONGRESS 
1ST SESSION H. R. 2703 
To amend the Internal Revenue Code of 1986 to extend the financing of 
the Superfund. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2021 
Mr. PALLONE (for himself, Mr. BLUMENAUER, Mr. PASCRELL, and Mr. 
MCEACHIN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to extend 
the financing of the Superfund. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Superfund Polluter 
Pays Act’’. 
SEC. 2. EXTENSION OF SUPERFUND TAXES. 
(a) HAZARDOUS SUBSTANCE SUPERFUND FINANC-
ING RATE.— 
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(1) IN GENERAL.—Section 4611(e) of the Inter-
nal Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(e) APPLICATION
OF
HAZARDOUS
SUBSTANCE 
SUPERFUND FINANCING RATE.—The Hazardous Sub-
stance Superfund financing rate under this section shall 
apply after December 31, 1986, and before January 1, 
1996, and after the date of the enactment of this sub-
section and before January 1, 2026.’’. 
(2) RATE OF TAX ADJUSTED FOR INFLATION.— 
(A) IN GENERAL.—Section 4611(c)(2)(A) 
of such Code is amended by striking ‘‘9.7 
cents’’ and inserting ‘‘16.3 cents’’. 
(B) CONTINUED ADJUSTMENT FOR INFLA-
TION.—Section 4611(c) of such Code is amend-
ed by adding at the end the following new para-
graph: 
‘‘(3) INFLATION ADJUSTMENT.— 
‘‘(A) IN GENERAL.—In the case of a cal-
endar year beginning after 2021, the 16.3 cents 
amount in paragraph (2)(A) shall be increased 
by an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for such 
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calendar year, determined by substituting 
‘calendar year 2020’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
‘‘(B) ROUNDING.—If any amount as ad-
justed under subparagraph (A) is not a multiple 
of 0.1 cents, such amount shall be rounded to 
the nearest multiple of 0.1 cents.’’. 
(3) TECHNICAL AMENDMENTS.— 
(A) Section 4611(b) of such Code is 
amended— 
(i) by striking ‘‘or exported from’’ in 
paragraph (1)(A), 
(ii) by striking ‘‘or exportation’’ in 
paragraph (1)(B), and 
(iii) by striking ‘‘AND EXPORTATION’’ 
in the heading. 
(B) Section 4611(d)(3) of such Code is 
amended— 
(i) by striking ‘‘or exporting the crude 
oil, as the case may be’’ in the text and in-
serting ‘‘the crude oil’’, and 
(ii) by striking ‘‘OR EXPORTS’’ in the 
heading. 
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(b) ADJUSTMENT
OF EXCISE TAX
ON CERTAIN 
CHEMICALS FOR INFLATION.—Section 4661(b) of such 
Code is amended to read as follows: 
‘‘(b) AMOUNT OF TAX.— 
‘‘(1) IN GENERAL.—The amount of the tax im-
posed by subsection (a) shall be determined in ac-
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
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‘‘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. 
‘‘(2) ADJUSTMENT FOR INFLATION.— 
‘‘(A) IN GENERAL.—In the case of a cal-
endar year beginning after 2021, each of the 
amounts in the table in paragraph (1) shall be 
increased by an amount equal to— 
‘‘(i) such amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for the cal-
endar year, determined by substituting 
‘calendar year 2020’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
‘‘(B) ROUNDING.—If any amount as ad-
justed under subparagraph (A) is not a multiple 
of $0.01, such amount shall be rounded to the 
next lowest multiple of $0.01.’’. 
(c) CORPORATE ENVIRONMENTAL INCOME TAX.— 
(1) Subchapter A of chapter 1 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new part: 
‘‘PART VIII—ENVIRONMENTAL TAX 
‘‘Sec. 59B. Environmental Tax. 
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‘‘SEC. 59B. ENVIRONMENTAL TAX. 
‘‘(a) IMPOSITION OF TAX.—In the case of a corpora-
tion, there is hereby imposed (in addition to any other tax 
imposed by this subtitle) a tax equal to 0.12 percent of 
the excess of— 
‘‘(1) the modified environmental tax taxable in-
come of such corporation for the taxable year, over 
‘‘(2) $3,130,000. 
‘‘(b) MODIFIED ENVIRONMENTAL TAX TAXABLE IN-
COME.—For purposes of this section, the term ‘modified 
environmental tax taxable income’ means taxable income 
determined without regard to— 
‘‘(1) the net operating loss deduction allowable 
under section 172, and 
‘‘(2) the deduction allowed under section 
164(a)(5). 
‘‘(c) EXCEPTION FOR RICS AND REITS.—The tax 
imposed by subsection (a) shall not apply to— 
‘‘(1) a regulated investment company to which 
part I of subchapter M applies, and 
‘‘(2) a real estate investment trust to which 
part II of subchapter M applies. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) SHORT TAXABLE YEARS.—The application 
of this section to taxable years of less than 12 
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months shall be in accordance with regulations pre-
scribed by the Secretary. 
‘‘(2) SECTION 15 NOT TO APPLY.—Section 15 
shall not apply to the tax imposed by this section. 
‘‘(e) INFLATION ADJUSTMENT.— 
‘‘(1) IN GENERAL.—In the case of a taxable 
year beginning after 2021, the $3,130,000 amount 
in subsection (a)(2) shall be increased by an amount 
equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar 
year in which the taxable year begins, deter-
mined by substituting ‘calendar year 2020’ for 
‘calendar year 2016’ in subparagraph (A)(ii) 
thereof. 
‘‘(2) ROUNDING.—If any amount as adjusted 
under paragraph (1) is not a multiple of $10,000, 
such amount shall be rounded to the nearest mul-
tiple of $10,000. 
‘‘(f) APPLICATION OF TAX.—The tax imposed by this 
section shall apply to taxable years beginning after the 
date of the enactment of this subsection and before Janu-
ary 1, 2027.’’. 
(2) CONFORMING AMENDMENTS.— 
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(A) Paragraph (2) of section 26(b) of such 
Code is amended by striking ‘‘and’’ at the end 
of subparagraph (X), by striking the period at 
the end of subparagraph (Y) and inserting ‘‘, 
and’’, and by adding at the end the following 
new subparagraph: 
‘‘(Z) section 59B (relating to environ-
mental tax).’’. 
(B) Section 164(a) of such Code is amend-
ed by adding at the end the following: 
‘‘(5) The environmental tax imposed by section 
59B.’’. 
(C) Section 275(a) of such Code is amend-
ed by adding at the end the following: ‘‘Para-
graph (1) shall not apply to the tax imposed by 
section 59B.’’. 
(D) Section 882(a)(1) of such Code is 
amended by striking ‘‘or 59A’’ and inserting ‘‘, 
59A, or 59B’’. 
(E) Section 1561(a) of such Code is 
amended by inserting ‘‘and one dollar amount 
in effect under section 59B(a)(2) for purposes 
of computing the tax imposed by section 59B’’ 
after ‘‘under section 535(c)(2) and (3)’’. 
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(F) Section 6425(c)(1)(A) of such Code is 
amended by striking ‘‘plus’’ at the end of clause 
(i), by striking ‘‘over’’ and inserting ‘‘plus’’ at 
the end of clause (ii), and by inserting after 
clause (ii) the following: 
‘‘(iii) the tax imposed by section 59B, 
over’’. 
(G) Section 6655 of such Code is amend-
ed— 
(i) in subsections (e)(2)(A)(i) and 
(e)(2)(B)(i), by striking ‘‘taxable income 
and modified taxable income’’ and insert-
ing ‘‘taxable income, modified taxable in-
come, and modified environmental tax tax-
able income’’, 
(ii) in subsection (e)(2)(B), by adding 
at the end the following new clause: 
‘‘(iii) 
MODIFIED
ENVIRONMENTAL 
TAX TAXABLE INCOME.—The term ‘modi-
fied environmental tax taxable income’ has 
the meaning given to such term in section 
59B(b).’’, and 
(iii) in subsection (g)(1)(A), by strik-
ing ‘‘plus’’ at the end of clause (ii), by re-
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designating clause (iii) as clause (iv), and 
by inserting after clause (ii) the following: 
‘‘(iii) the tax imposed by section 59B, 
plus’’. 
(H) Section 9507(b)(1) of such Code is 
amended by inserting ‘‘59B,’’ before ‘‘4611’’. 
(I) The table of parts for subchapter A of 
chapter 1 of such Code is amended by inserting 
after the item relating to part VII the following 
new item: 
‘‘PART VIII. ENVIRONMENTAL TAX’’. 
(d) EFFECTIVE DATES.— 
(1) EXCISE TAXES.—The amendments made by 
subsections (a) and (b) shall take effect on the date 
of the enactment of this Act. 
(2) INCOME TAX.—The amendments made by 
subsection (c) shall apply to taxable years beginning 
after the date of the enactment of this Act. 
Æ 
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