Superfund Polluter Pays Act
Bill: H.R.2703 | Sponsor: Rep. Pallone, Frank, Jr. (D-NJ)
Policy area: Taxation

Summary:
Superfund Polluter Pays Act
This bill reinstates and extends the Hazardous Substance Superfund Financing rate through 2025 and increases the rate to 16.3 cents a barrel, adjusted for inflation beginning after 2021.
The bill imposes on corporations a 0.12% tax of the excess of the modified environmental tax taxable income of the corporation over $3.13 million.

To amend the Internal Revenue Code of 1986 to extend the financing of 
                             the Superfund.

    Be it enacted by the Senate and House of Representatives 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 Financing Rate.--
            (1) In general.--Section 4611(e) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(e) Application of Hazardous Substance Superfund Financing 
Rate.--The Hazardous Substance 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 subsection 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 inflation.--Section 
                4611(c) of such Code is amended by adding at the end 
                the following new paragraph:
            ``(3) Inflation adjustment.--
                    ``(A) In general.--In the case of a calendar 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 
                        determined under section 1(f)(3) for such 
                        calendar year, determined by substituting 
                        `calendar year 2020' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                    ``(B) Rounding.--If any amount as adjusted 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 
                        inserting ``the crude oil'', and
                            (ii) by striking ``or exports'' in the 
                        heading.
    (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 imposed by 
        subsection (a) shall be determined in accordance with the 
        following table:

------------------------------------------------------------------------
                                                      The tax is the
               ``In the case of:                   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
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 calendar 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 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2020' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                    ``(B) Rounding.--If any amount as adjusted 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.

``SEC. 59B. ENVIRONMENTAL TAX.

    ``(a) Imposition of Tax.--In the case of a corporation, 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 income of such 
        corporation for the taxable year, over
            ``(2) $3,130,000.
    ``(b) Modified Environmental Tax Taxable Income.--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 months shall be in accordance 
        with regulations prescribed 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 determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined 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 multiple 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 January 1, 2027.''.
            (2) Conforming amendments.--
                    (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 environmental 
                tax).''.
                    (B) Section 164(a) of such Code is amended by 
                adding at the end the following:
            ``(5) The environmental tax imposed by section 59B.''.
                    (C) Section 275(a) of such Code is amended by 
                adding at the end the following: ``Paragraph (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)''.
                    (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 amended--
                            (i) in subsections (e)(2)(A)(i) and 
                        (e)(2)(B)(i), by striking ``taxable income and 
                        modified taxable income'' and inserting 
                        ``taxable income, modified taxable income, and 
                        modified environmental tax taxable income'',
                            (ii) in subsection (e)(2)(B), by adding at 
                        the end the following new clause:
                            ``(iii) Modified environmental tax taxable 
                        income.--The term `modified environmental tax 
                        taxable income' has the meaning given to such 
                        term in section 59B(b).'', and
                            (iii) in subsection (g)(1)(A), by striking 
                        ``plus'' at the end of clause (ii), by 
                        redesignating 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.
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