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Superfund Reinvestment Act

H.R. 3870 · 113th Congress · Jan 14, 2014 · Lineage

A BILL

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. Short title

This Act may be cited as the “Superfund Reinvestment Act”.

2. Use of Hazardous Substance Superfund for cleanup

(a)
Availability of amounts— Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended—
(1)
in subsection (a) by striking “For the purposes specified” and all that follows through “for the following purposes:” and inserting the following: “The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:”; and
(2)
in subsection (c)—
(A)
by striking “Subject to such amounts as are provided in appropriations Acts, the” each place it appears and inserting “The”; and
(B)
in paragraph (12) by striking “to the extent that such costs” and all that follows through “and 1994”.
(b)
Amendment to the Internal Revenue Code— Section 9507 of the Internal Revenue Code of 1986 is amended—
(1)
by striking “appropriated to” in subsection (a)(1) and inserting “made available for”;
(2)
by striking “appropriated” in subsection (b) and inserting “transferred”;
(3)
by striking “, as provided in appropriations Acts,” in subsection (c)(1); and
(4)
by striking “December 31, 1995” in subsection (d)(3)(B) and inserting “December 31, 2023”.

3. Budgetary treatment of Hazardous Substance Superfund

Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986—
(1)
shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of—
(A)
the budget of the United States Government as submitted by the President;
(B)
the congressional budget (including allocations of budget authority and outlays provided therein);
(C)
the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D)
the Statutory Pay-As-You-Go Act of 2010;
(2)
shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and
(3)
shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611).

4. Extension of Superfund taxes

(a)
Excise taxes— 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 of the enactment of the Superfund Reinvestment Act and before January 1, 2024.”

(b)
Corporate environmental income tax— Subsection (e) of section 59A of such Code is amended to read as follows:

“(e) Application of tax—The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2024.”

(c)
Technical amendments—
(1)
Subsection (b) of section 4611 of such Code is amended—
(A)
by striking “or exported from” in paragraph (1)(A);
(B)
by striking “or exportation” in paragraph (1)(B); and
(C)
by striking “and exportation” in the heading thereof.
(2)
Paragraph (3) of section 4611(d) of such Code is amended—
(A)
by striking “or exporting the crude oil, as the case may be” and inserting “the crude oil”; and
(B)
by striking “or exports” in the heading thereof.

5. Applicability

(a)
In general— Except as provided in subsections (b) and (c), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2014.
(b)
Excise taxes— The amendments made by sections 4(a) and 4(c) shall take effect on the date of the enactment of this Act.
(c)
Income tax— The amendment made by section 4(b) shall apply to taxable years beginning after the date of the enactment of this Act.