Title: Superfund Enhancement Act of 2019
Policy area: Taxation

Summary:
Superfund Enhancement Act of 2019
This bill reinstates and increases the Hazardous Substance Superfund financing rate from 9.7 cents to 15.8 cents and allows certain small businesses to expense up to $10,000 of the costs of relocating a trade or business carried on in a location on or near a site proposed for inclusion on the national priorities list under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
The bill directs the Small Business Administration (SBA) to make disaster loans to small business concerns whose principal place of business is located on a Superfund site and authorizes the SBA to make economic injury loans to such business concerns.
The bill also modifies the definition of crude oil for excise tax purposes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2882 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2882

 To amend the Internal Revenue Code of 1986 and the Small Business Act 
  to reduce costs for certain businesses required to relocate from a 
                Superfund site, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2019

Ms. Velazquez introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Small 
Business, 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 and the Small Business Act 
  to reduce costs for certain businesses required to relocate from a 
                Superfund site, and for other purposes.

    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 Enhancement Act of 2019''.

SEC. 2. EXTENSION AND MODIFICATION OF SUPERFUND EXCISE TAXES.

    (a) Extension.--Subsection (e) of section 4611 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 that is 60 days after the date of the 
enactment of the Superfund Enhancement Act of 2019.''.
    (b) Modification of Hazardous Substance Superfund Financing Rate.--
            (1) In general.--Section 4611(c)(2)(A) of such Code is 
        amended by striking ``9.7 cents'' and inserting ``15.8 cents''.
            (2) Inflation adjustment.--Section 4611(c) of such Code is 
        amended by adding at the end the following new paragraph:
            ``(3) Adjustment for inflation.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2019, the amount under 
                paragraph (2)(A) 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 in which such taxable year begins 
                        by substituting `calendar year 2018' for 
                        `calendar year 2016' in subparagraph (A)(ii) 
                        thereof.
                    ``(B) Rounding.--If any increase determined under 
                this paragraph is not a multiple of 0.1 cents, such 
                increase shall be rounded to the next lowest multiple 
                of 0.1 cents.''.
    (c) Modification of Rate of Tax on Certain Chemicals.--Section 
4661(b) of the Internal Revenue Code of 1986 is amended to read as 
follows:
    ``(b) Amount of Tax.--
            ``(1) In general.--The amount of tax imposed by subsection 
        (a) shall be determined in accordance with the following table:


------------------------------------------------------------------------
                                                The tax is the following
              ``In the case of:                     amount per ton:
------------------------------------------------------------------------
Acetylene....................................                     $11.00
Benzene......................................                      11.00
Butane.......................................                      11.00
Butylene.....................................                      11.00
Butadiene....................................                      11.00
Ethylene.....................................                      11.00
Methane......................................                       7.77
Napthalene...................................                      11.00
Propylene....................................                      11.00
Toluene......................................                      11.00
Xylene.......................................                      11.00
Ammonia......................................                       5.96
Antimony.....................................                      10.05
Antimony trioxide............................                       8.47
Arsenic......................................                      10.05
Arsenic trioxide.............................                       7.70
Barium sulfide...............................                       5.19
Bromine......................................                      10.05
Cadmium......................................                      10.05
Chlorine.....................................                       6.10
Chromium.....................................                      10.05
Chromite.....................................                       3.43
Potassium dichromate.........................                       3.82
Sodium dichromate............................                       4.22
Cobalt.......................................                      10.05
Cupric sulfate...............................                       4.22
Cupric oxide.................................                       8.11
Cuprous oxide................................                       8.96
Hydrochloric acid............................                       0.65
Hydrogen fluoride............................                       9.55
Lead oxide...................................                       9.35
Mercury......................................                      10.05
Nickel.......................................                      10.05
Phosphorus...................................                      10.05
Stannous chloride............................                       6.43
Stannic chloride.............................                       4.79
Zinc chloride................................                       5.01
Zinc sulfate.................................                       4.29
Potassium hydroxide..........................                       0.50
Sodium hydroxide.............................                       0.63
Sulfuric acid................................                       0.59
Nitric acid..................................                      0.54.
------------------------------------------------------------------------

            ``(2) Adjustment for inflation.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2019, each of the dollar 
                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 in which such taxable year begins 
                        by substituting `calendar year 2018' for 
                        `calendar year 2016' in subparagraph (A)(ii) 
                        thereof.
                    ``(B) Rounding.--If any increase determined under 
                this paragraph is not a multiple of $0.01, such 
                increase shall be rounded to the next lowest multiple 
                of $0.01.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to oil and petroleum products received or entered during calendar 
quarters beginning more than 60 days after the date of the enactment of 
this Act.

SEC. 3. CLARIFICATION OF DEFINITION OF CRUDE OIL FOR EXCISE TAX 
              PURPOSES.

    (a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of 
the Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) Crude oil.--The term `crude oil' includes crude oil 
        condensates, natural gasoline, any bitumen or bituminous 
        mixture, any oil derived from a bitumen or bituminous mixture 
        (including oil derived from tar sands), and any oil derived 
        from kerogen-bearing sources (including oil derived from oil 
        shale).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to oil and petroleum products received or entered during calendar 
quarters beginning more than 60 days after the date of the enactment of 
this Act.

SEC. 4. DEDUCTION FOR EXPENSES IN CONNECTION WITH MOVING FROM A SITE 
              LISTED ON NATIONAL PRIORITIES LIST.

    (a) In General.--Part VI of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 198 
the following new section:

``SEC. 198A. EXPENSES IN CONNECTION WITH MOVING FROM A SITE LISTED ON 
              NATIONAL PRIORITIES LIST.

    ``(a) In General.--A qualified small business may elect to treat as 
an expense which is not chargeable to capital account, and deductible 
in the year in which paid or incurred, so much of the qualified 
environmental disaster moving expenses which are paid or incurred by 
the taxpayer for the taxable year as do not exceed $10,000.
    ``(b) Qualified Small Business.--For purposes of this section, the 
term `qualified small business' means any person which is a small 
business concern (as defined under section 3 of the Small Business Act 
(15 U.S.C. 632)) at all times during the preceding taxable year.
    ``(c) Qualified Environmental Disaster Moving Expense.--For 
purposes of this section, the term `qualified environmental disaster 
moving expense' means any expenditure--
            ``(1) which is otherwise chargeable to capital account, and
            ``(2) which is paid or incurred in connection with 
        relocating a trade or business carried on in a location which 
        is situated on, or adjacent to, a site which is on, or proposed 
        for, the national priorities list under section 105(a)(8)(B) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980.
    ``(d) Special Rules.--For purposes of this section--
            ``(1) Potentially responsible parties excluded.--No amount 
        shall be taken into account under subsection (a) by a person 
        who under section 107(a) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 is 
        potentially liable with respect to the site described in 
        subsection (c)(2).
            ``(2) Controlled groups.--All members of the same 
        controlled group of corporations (within the meaning of section 
        52(a)) and all persons under common control (within the meaning 
        of section 52(b)) shall be treated as 1 person for purposes of 
        this section.
            ``(3) Partnerships and s corporations.--In the case of a 
        partnership, the $10,000 limitation under subsection (a) shall 
        apply with respect to the partnership and each partner. A 
        similar rule shall apply in the case of an S corporation and 
        its shareholders.
            ``(4) Denial of double benefit.--In the case of the amount 
        of the deduction determined under this section--
                    ``(A) no deduction or credit shall be allowed for 
                such amount under any other provision of this chapter, 
                and
                    ``(B) no increase in the adjusted basis of any 
                property shall result from such amount.''.
    (b) Clerical Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 of such Code is amended by inserting after 
the item relating to section 198 the following new item:

``Sec. 198A. Expenses in connection with moving from a site listed on 
                            national priorities list.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after the 
date of the enactment of this Act.

SEC. 5. DISASTER LOANS TO SMALL BUSINESS CONCERNS FOR RELOCATION FROM A 
              SUPERFUND SITE.

    (a) Establishment.--The Administrator of the Small Business 
Administration shall establish and carry out a pilot program under 
which the Administrator shall provide direct loans to an eligible 
person to assist such eligible person in relocating the principal place 
of business or primary place of residence of such eligible person, if 
the principal place of business or primary place of residence is 
located in an area that is designated as a Superfund site on a date 
after--
            (1) with respect to an eligible person that is a small 
        business concern, the establishment of the principal place of 
        business; and
            (2) with respect to an eligible person that is an 
        individual, the establishment of a primary place of residence.
    (b) Loan Terms.--A loan made under the program established under 
subsection (a) shall--
            (1) be subject to the same limitations as a loan described 
        under section 7(b)(8) of the Small Business Act (15 U.S.C. 
        636(b)(8)); and
            (2) have a term of 5 years.
    (c) Eligibility for Economic Injury Disaster Loans.--
            (1) In general.--The Administrator may make a loan pursuant 
        to section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)) to assist an eligible person that is a small 
        business concern that has suffered substantial economic injury 
        as a result of the location of the eligible person in a 
        Superfund site.
            (2) No duplication of benefits.--An eligible person 
        described in paragraph (1) may receive a loan under subsection 
        (a) and section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)).
            (3) Potentially responsible parties excluded.--No loan may 
        be made to a person who under section 107(a) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 is potentially liable with respect to the 
        Superfund site.
    (d) Definitions.--In this section:
            (1) Eligible person.--The term ``eligible person'' means--
                    (A) a small business concern (as defined under 
                section 3 of the Small Business Act (15 U.S.C. 632)) 
                for which the principal place of business of the 
                concern is required to relocate because such concern is 
                located on or near a Superfund site; or
                    (B) an individual whose primary place of residence 
                is located on or adjacent to a Superfund site.
            (2) Substantial economic injury.--The term ``substantial 
        economic injury'' has the meaning given under section 7(b)(3) 
        of the Small Business Act (15 U.S.C. 636(b)(3)).
            (3) Superfund site.--The term ``Superfund site'' means a 
        site that is included on the National Priorities List developed 
        by the President in accordance with section 105(a)(8)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $10,000,000 for fiscal years 2020 
through 2024.

SEC. 6. ELIGIBILITY FOR ECONOMIC INJURY LOANS.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is 
amended--
            (1) in paragraph (2), by inserting ``to any eligible 
        concern pursuant to paragraph (16), or''; and
            (2) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) Economic injury loans for eligible concerns.--
                    ``(A) In general.--The Administrator may make a 
                loan under paragraph (2) to an eligible concern 
                regardless of whether a disaster has occurred in the 
                area in which the eligible concern is located.
                    ``(B) Definitions.--
                            ``(i) Eligible concern.--The term `eligible 
                        concern' means a small business concern for 
                        which the principal place of business of the 
                        concern is required to relocate because such 
                        concern is located on or near a Superfund site.
                            ``(ii) Superfund site.--The term `Superfund 
                        site' means a site that is included on the 
                        National Priorities List developed by the 
                        President in accordance with section 
                        105(a)(8)(B) of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9605(a)(8)(B)).''.
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