[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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