Editor's Note:
Pub. L. 117-169,
Sec. 13601, amended Sec. 9507 with a delayed effective date as indicated
below.
I.R.C. § 9507(a) Creation Of Trust Fund —
There is established in the Treasury of the United States
a trust fund to be known as the “Hazardous Substance Superfund”
(hereinafter in this section referred to as the “Superfund”),
consisting of such amounts as may be—
I.R.C. § 9507(a)(1) —
appropriated to the Superfund as provided
in this section,
I.R.C. § 9507(a)(2) —
appropriated to the Superfund pursuant
to section 517(b) of the Superfund Revenue Act of 1986, or
I.R.C. § 9507(a)(3) —
credited to the Superfund as provided
in section 9602(b).
I.R.C. § 9507(b) Transfers To Superfund —
There are hereby appropriated to the Superfund amounts
equivalent to—
I.R.C. § 9507(b)(1) —
the taxes received in the Treasury under
section 4611, 4661, or 4671 (relating to environmental
taxes),
I.R.C. § 9507(b)(2) —
amounts recovered on behalf of the Superfund
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (hereinafter in this section referred to as “CERCLA”),
I.R.C. § 9507(b)(3) —
all moneys recovered or collected under
section 311(b)(6)(B) of the Clean Water Act,
I.R.C. § 9507(b)(4) —
penalties assessed under title I of
CERCLA, and
I.R.C. § 9507(b)(5) —
punitive damages under section 107(c)(3)
of CERCLA.
In the case of the tax imposed by
section 4611,
paragraph (1) shall
apply only to so much of such tax as is attributable to the Hazardous
Substance Superfund financing rate under section 4611(c).
I.R.C. § 9507(c) Expenditures From Superfund
I.R.C. § 9507(c)(1) In General —
Amounts in the Superfund shall be available, as provided
in appropriation Acts, only for purposes of making expenditures—
I.R.C. § 9507(c)(1)(A) —
to carry out the purposes of—
I.R.C. § 9507(c)(1)(A)(i) —
paragraphs (1), (2), (5), and (6) of
section 111(a) of CERCLA as in effect on the date of the enactment
of the Superfund Amendments and Reauthorization Act of 1986,
I.R.C. § 9507(c)(1)(A)(ii) —
section 111(c) of CERCLA (as so in
effect), other than paragraphs (1) and (2) thereof, and
I.R.C. § 9507(c)(1)(A)(iii) —
section 111(m) of CERCLA (as so in
effect), or
I.R.C. § 9507(c)(1)(B) —
hereafter authorized by a law which
does not authorize the expenditure out of the Superfund for a general
purpose not covered by subparagraph (A) (as so in effect).
I.R.C. § 9507(c)(2) Exception For Certain Transfers, Etc., Of Hazardous Substances —
No amount in the Superfund or derived from the Superfund
shall be available or used for the transfer or disposal of hazardous
waste carried out pursuant to a cooperative agreement between the
Administrator of the Environmental Protection Agency and a State if
the following conditions apply—
I.R.C. § 9507(c)(2)(A) —
the transfer or disposal, if made on
December 13, 1985, would not comply with a State or local requirement,
I.R.C. § 9507(c)(2)(B) —
the transfer is to a facility for which
a final permit under section 3005(a) of the Solid Waste Disposal Act
was issued after January 1, 1983, and before November 1, 1984, and
I.R.C. § 9507(c)(2)(C) —
the transfer is from a facility identified
as the McColl Site in Fullerton, California.
I.R.C. § 9507(d) Authority To Borrow
I.R.C. § 9507(d)(1) In General —
There are authorized to be appropriated to the Superfund,
as repayable advances, such sums as may be necessary to carry out
the purposes of the Superfund.
I.R.C. § 9507(d)(2) Limitation On Aggregate Advances —
The maximum aggregate amount of repayable advances to
the Superfund which is outstanding at any one time shall not exceed
an amount equal to the amount which the Secretary estimates will be
equal to the sum of the amounts appropriated to the Superfund under
subsection (b)(1) during the following 24 months.
I.R.C. § 9507(d)(3) Repayment Of Advances —
I.R.C. § 9507(d)(3)(A) In General —
Advances made to the Superfund shall be repaid, and
interest on such advances shall be paid, to the general fund of the
Treasury when the Secretary determines that moneys are available for
such purposes in the Superfund.
Editor's Note: Sec. 9507(d)(3)(B), below, before amendment
by Pub. L. 117-169, Sec. 13601(b),
is effective through December 31, 2022.
I.R.C. § 9507(d)(3)(B) Final Repayment —
No advance shall be made to the Superfund after December
31, 1995, and all advances to such Fund shall be repaid on or before
such date.
Editor's Note: Sec. 9507(d)(3)(B), below, after amendment by Pub. L. 117-169, Sec. 13601(b), is effective
January 1, 2023.
I.R.C. § 9507(d)(3)(B) Final Repayment —
No advance shall be made to the Superfund after December
31, 2032, and all advances to such Fund shall be repaid on or before
such date.
I.R.C. § 9507(d)(3)(C) Rate Of Interest —
Interest on advances made to the Superfund shall be
at a rate determined by the Secretary of the Treasury (as of the close
of the calendar month preceding the month in which the advance is
made) to be equal to the current average market yield on outstanding
marketable obligations of the United States with remaining periods
to maturity comparable to the anticipated period during which the
advance will be outstanding and shall be compounded annually.
I.R.C. § 9507(e) Liability Of United States Limited To Amount In Trust Fund
I.R.C. § 9507(e)(1) General Rule —
Any claim filed against the Superfund may be paid only
out of the Superfund.
I.R.C. § 9507(e)(2) Coordination With Other Provisions —
Nothing in CERCLA or the Superfund Amendments and Reauthorization
Act of 1986 (or in any amendment made by either of such Acts) shall
authorize the payment by the United States Government of any amount
with respect to any such claim out of any source other than the Superfund.
I.R.C. § 9507(e)(3) Order In Which Unpaid Claims Are To Be Paid —
If at any time the Superfund has insufficient funds
to pay all of the claims payable out of the Superfund at such time,
such claims shall, to the extent permitted under paragraph (1), be paid in full in
the order in which they were finally determined.
(Added by Pub. L. 99-499, title V, Sec. 517(a),
Oct. 17, 1986, 100 Stat. 1772,
and amended by Pub. L. 99-509,
title VIII, Sec. 8032(c)(4), Oct. 21, 1986, 100
Stat. 1959; Pub. L. 101-508,
title XI, Sec. 11231(c), Nov. 5, 1990, 104
Stat. 1388-445; Pub. L.
113-295, Div. A, title II, Sec. 221(a)(12)(L), Dec.
19, 2014, 128 Stat. 4010; Pub. L. 117-169, title I, Sec. 13601(b),
Aug. 16, 2002, 136 Stat. 1818.)
BACKGROUND NOTES
AMENDMENTS
2022 — Subsec. (d). Pub. L. 117-169, Sec. 13601(b), amended
subsec. (d)(3)(b) by substituting “December 31, 2032”
for “December 31, 1995”.
2014 — Subsec. (b)(1). Pub. L. 113-295, Div. A, Sec. 221(a)(12)(L),
amended par. (1) by striking “59A,”.
1990 — Subsec. (d)(3)(B). Pub. L. 101-508 substituted “December
31, 1995” for “December 31, 1991”.
1986 — Subsec. (b). Pub. L. 99-509 inserted at end “In
the case of the tax imposed by section 4611, paragraph (1) shall apply
only to so much of such tax as is attributable to the Hazardous Substance
Superfund financing rate under section 4611(c).”
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L.
117-169, Sec. 13601(b), effective January 1, 2023.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub.
L. 113-295, Div. A, Sec. 221(a)(12)(L), effective
on the date of the enactment of this Act [Enacted: Dec. 19, 2014].
Section 221(b)(2) of Pub.
L. 113-295, Div. A, provided the following Savings
Provision:
“(2) SAVINGS PROVISION.—If—
“(A) any provision amended or repealed by
the amendments made by this section applied to—
“(i) any transaction occurring before the
date of the enactment of this Act [Enacted: Dec. 19, 2014],
“(ii) any property acquired before such date
of enactment, or
“(iii) any item of income, loss, deduction,
or credit taken into account before such date of enactment, and
“(B) the treatment of such transaction, property,
or item under such provision would (without regard to the amendments
or repeals made by this section) affect the liability for tax for
periods ending after date of enactment, nothing in the amendments
or repeals made by this section shall be construed to affect the treatment
of such transaction, property, or item for purposes of determining
liability for tax for periods ending after such date of enactment.”
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub.
L. 99-509 effective on commencement date as defined
in section 4611(f)(2), see section 8032(d) of Pub. L. 99-509, set out as a note
under section 4611 of this title.
EFFECTIVE DATE
Section 517(e) of Pub.
L. 99-499 provided that:
“(1) In General.—The amendments made
by this section (enacting this section, amending section 9601 of Title
42, The Public Health and Welfare, and repealing sections 9631 to
9633 of Title 42) shall take effect on January 1, 1987.
“(2) Superfund Treated As Continuation Of
Old Trust Fund.—The Hazardous Substance Superfund established
by the amendments made by this section shall be treated for all purposes
of law as a continuation of the Hazardous Substance Response Trust
Fund established by section 221 of the Hazardous Substance Response
Revenue Act of 1980 (former 42 U.S.C.
9631). Any reference in any law to the Hazardous
Substance Response Trust Fund established by such section 221 shall
be deemed to include (wherever appropriate) a reference to the Hazardous
Substance Superfund established by the amendments made by this section.”
AUTHORIZATION OF APPROPRIATIONS
Section 517(b) of Pub.
L. 99-499, as amended by Pub. L. 101-508, title XI, Sec.
11231(d), Nov. 5, 1990, 104 Stat.
1388-445, provided that: ‘There is authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, to the
Hazardous Substance Superfund for fiscal year —
“(1) 1987, $250,000,000,
“(2) 1988, $250,000,000,
“(3) 1989, $250,000,000,
“(4) 1990, $250,000,000,
“(5) 1991, $250,000,000,
“(6) 1992, $250,000,000,
“(7) 1993, $250,000,000,
“(8) 1994, $250,000,000, and
“(9) 1995, $250,000,000.(,) plus for each
fiscal year an amount equal to so much of the aggregate amount authorized
to be appropriated under this subsection (and paragraph (2) of section
221(b) of the Hazardous Substance Response Act of 1980 (probably means
section 221(b)(2) of the Hazardous Substance Response Revenue Act
of 1980, which was classified to 42
U.S.C. 9631(b)(2) before its repeal by section 517(c)(1)
of Pub. L. 99-499),
as in effect before its repeal) as has not been appropriated before
the beginning of the fiscal year involved.”
