§ 4611. Imposition of tax

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Hazardous Substance Response Revenue Act of 1980

   Pub. L. 96–510 title II § 211(a) · 94 Stat. 2767

   Enacted · 26 U.S.C. § 4611

   Added Pub. L. 96–510, title II, § 211(a), Dec. 11, 1980, 94 Stat. 2797

   Source evidence

   Code source credit
   Added Pub. L. 96–510, title II, § 211(a), Dec. 11, 1980, 94 Stat. 2797

   Enacted provision · exact public law section
   (a) General Rule.— Subtitle D (relating to miscellaneous excise taxes) is amended by inserting after chapter 37 the following new chapter: “CHAPTER 38— ENVIRONMENTAL TAXES “Subchapter A. Tax on petroleum. “Subchapter B. Tax on certain chemicals. “Subchapter A— Tax on Petroleum “Sec. 4611. Imposition of tax. “Sec. 4612. Definitions and special rules. “SEC. 4611. IMPOSITION OF TAX. “(a) General Rule.— There is hereby imposed a tax of 0.79 cent a barrel on— “(1) crude oil received at a United States refinery, and “(2) petroleum products entered into the United States for consumption, use, or warehousing. “(b) Tax on Certain Uses and Exportation.— “(1) In general.— If— “(A) any domestic crude oil is used in or exported from the United States, and “(B) before such use or exportation, no tax was imposed on such crude oil under subsection (a), then a tax of 0.79 cent a barrel is hereby imposed on such crude oil. “(2) Exception for use on premises where produced.— Paragraph (1) shall not apply to any use of crude oil for extracting oil or natural gas on the premises where such crude oil was produced. “(c) Persons Liable for Tax.— “(1) Crude oil received at refinery.— The tax imposed by subsection (a)(1) shall be paid by the operator of the United States refinery. “(2) Imported petroleum product.— The tax imposed by subsection (a)(2) shall be paid by the person entering the product for consumption, use, or warehousing. “(3) Tax on certain uses or exports.— The tax imposed by subsection (b) shall be paid by the person using or exporting the crude oil, as the case may be. “(d) Termination.— The taxes imposed by this section shall not apply after September 30, 1985, except that if on September 30, 1983, or September 30, 1984— “(1) the unobligated balance in the Hazardous Substance Response Trust Fund as of such date exceeds $900,000,000, and “(2) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that such unobligated balance will exceed $500,000,000 on September 30 of the following year if no tax is imposed under section 4611 Post, p. 2798. or 4661 during the calendar year following the date referred to above, then no tax shall be imposed by this section during the first calendar year beginning after the date referred to in paragraph (1). “SEC. 4612. DEFINITIONS AND SPECIAL RULES. “(a) Definitions.— For purposes of this subchapter— “(1) Crude oil.— The term ‘crude oil’ includes crude oil condensates and natural gasoline. “(2) Domestic crude oil.— The term ‘domestic crude oil’ means any crude oil produced from a well located in the United States. “(3) Petroleum product.— The term ‘petroleum product’ includes crude oil. “(4) United states.— “(A) In general.— The term ‘United States’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. “(B) United states includes continental shelf areas.— 26 USC 638. The principles of section 638 shall apply for purposes of the term ‘United States’. “(C) United states includes foreign trade zones.— The term ‘United States’ includes any foreign trade zone of the United States. “(5) United states refinery.— The term ‘United States refinery’ means any facility in the United States at which crude oil is refined. “(6) Refineries which produce natural gasoline.— In the case of any United States refinery which produces natural gasoline from natural gas, the gasoline so produced shall be treated as received at such refinery at the time so produced. “(7) Premises.— The term ‘premises’ has the same meaning as when used for purposes of determining gross income from the property under section 613. “(8) Barrel.— The term ‘barrel’ means 42 United States gallons. “(9) Fractional part of barrel.— In the case of a fraction of a barrel, the tax imposed by section 4611 shall be the same fraction of the amount of such tax imposed on a whole barrel. “(b) Only 1 Tax Imposed with Respect to Any Product.— No tax Ante, p. 2797. shall be imposed by section 4611 with respect to any petroleum product if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product. “(c) Disposition of Revenues From Puerto Rico and the Virgin Islands.— The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4611. “Subchapter B— Tax on Certain Chemicals “Sec. 4661. Imposition of tax. “Sec. 4662. Definitions and special rules. “SEC. 4661. IMPOSITION OF TAX. “(a) General Rule.— There is hereby imposed a tax on any taxable chemical sold by the manufacturer, producer, or importer thereof. “(b) Amount of Tax.— The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table:   “In the case of: The tax is the following amount per ton Acetylene $4.87 Benzene $4.87 Butane 4.87 Butylene 4.87 Butadiene 4.87 Ethylene 4.87 Methane 3.44 Naphthalene 4.87 Propylene 4.87 Toluene 4.87 Xylene 4.87 Ammonia 2.64 Antimony 4.45 Antimony trioxide 3.75 Arsenic 4.45 Arsenic trioxide 3.41 Barium sulfide 2.30 Bromine 4.45 Cadmium 4.45 Chlorine 2.70 Chromium 4.45 Chromite 1.52 Potassium dichromate 1.69 Sodium dichromate 1.87 Cobalt 4.45 Cupric sulfate 1.87 Cupric oxide 3.59 Cuprous oxide 3.97 Hydrochloric acid 0.29 Hydrogen fluoride 4.23 Lead oxide 4.14 Mercury 4.45 Nickel 4.45 Phosphorus 4.45 Stannous chloride 2.85 Stannic chloride 2.12 Zinc chloride 2.22 Zinc sulfate 1.90 Potassium hydroxide 0.22 Sodium hydroxide 0.28 Sulfuric acid 0.26 Nitric acid 0.24 “(c) Termination.— No tax shall be imposed under this section during any period during which no tax is imposed under section 4611(a). Ante, p. 2797. “SEC. 4662. DEFINITIONS AND SPECIAL RULES. “(a) Definitions.— For purposes of this subchapter— “(1) Taxable chemical.— Except as provided in subsection (b), the term ‘taxable chemical’ means any substance— “(A) which is listed in the table under section 4661(b), and Ante, p. 2798. “(B) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. “(2) United states.— The term ‘United States’ has the meaning given such term by section 4612(a)(4). Ante, p. 2798. “(3) Importer.— The term ‘importer’ means the person entering the taxable chemical for consumption, use, or warehousing. “(4) Ton.— The term ‘ton’ means 2,000 pounds. In the case of any taxable chemical which is a gas, the term ‘ton’ means the amount of such gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight basis. “(5) Fractional part of ton.— In the case of a fraction of a Ante, p. 2798. ton, the tax imposed by section 4661 shall be the same fraction of the amount of such tax imposed on a whole ton. “(b) Exceptions; Other Special Rules.— For purposes of this subchapter— “(1) Methane or butane used as a fuel.— Under regulations prescribed by the Secretary, methane or butane shall be treated as a taxable chemical only if it is used otherwise than as a fuel (and, for purposes of section 4661(a), the person so using it shall be treated as the manufacturer thereof). “(2) Substances used in the production of fertilizer.— “(A) In general.— In the case of nitric acid, sulfuric acid, ammonia, or methane used to produce ammonia which is a qualified substance, no tax shall be imposed under section 4661(a). “(B) Qualified substance.— For purposes of this section, the term ‘qualified substance’ means any substance— “(i) used in a qualified use by the manufacturer, producer, or importer, “(ii) sold for use by the purchaser in a qualified use, or “(iii) sold for resale by the purchaser to a second purchaser for use by such second purchaser in a qualified use. “(C) Qualified use.— For purposes of this subsection, the term ‘qualified use’ means any use in the manufacture or production of a fertilizer. “(3) Sulfuric acid produced as a byproduct of air pollution control.— In the case of sulfuric acid produced solely as a byproduct of and on the same site as air pollution control equipment, no tax shall be imposed under section 4661. “(4) Substances derived from coal.— For purposes of this subchapter, the term ‘taxable chemical’ shall not include any substance to the extent derived from coal. “(c) Use by Manufacturer, Etc., Considered Sale.— If any person manufactures, produces, or imports a taxable chemical and uses such chemical, then such person shall be liable for tax under section 4661 in the same manner as if such chemical were sold by such person. “(d) Refund or Credit for Certain Uses.— “(1) In general.— Under regulations prescribed by the Secretary, if— “(A) a tax under section 4661 was paid with respect to any taxable chemical, and “(B) such chemical was used by any person in the manufacture or production of any other substance the sale of which by such person would be taxable under such section, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by such section. In any case to which this paragraph applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by such section on the other substance manufactured or produced. “(2) Use as fertilizer.— Under regulations prescribed by the Secretary, if— “(A) a tax under section 4661 was paid with respect to nitric acid, sulfuric acid, ammonia, or methane used to make ammonia without regard to subsection (b)(2), and “(B) any person uses such substance, or sells such substance for use, as a qualified substance, then an amount equal to the excess of the tax so paid over the tax determined with regard to subsection (b)(2) shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by this section. “(e) Disposition of Revenues From Puerto Rico and the Virgin Islands.— The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4661.”. 26 USC 7652. Ante, p. 2798.

2. 1986

   Pub. L. 99–499 § 512(a) · 100 Stat. 1760

   Substituted · 26 U.S.C. § 4611(a); 26 U.S.C. § 4611(b)(1)

   Pub. L. 99–499, § 512(a), substituted “at the rate specified in subsection (c)” for “of 0.79 cent a barrel”

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(1). Pub. L. 99–499, § 512(a), substituted “at the rate specified in subsection (c)” for “of 0.79 cent a barrel”.

3. 1986

   Pub. L. 99–499 § 512(b) · 100 Stat. 1760

   1. Added · 26 U.S.C. § 4611(c)

      Pub. L. 99–499, § 512(b), added subsec. (c)

   2. Redesignated · 26 U.S.C. § 4611(c)

      Pub. L. 99–499, § 512(b), redesignated former subsec. (c) as (d)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–499, § 512(b), added subsec. (c) and redesignated former subsec. (c) as (d).

4. 1986

   Pub. L. 99–499 § 512(b) · 100 Stat. 1760

   Redesignated · 26 U.S.C. § 4611(d)

   Pub. L. 99–499, § 512(b), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–499, § 512(b), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

5. 1986

   Pub. L. 99–499 title V · 100 Stat. 1760

   1. Amended · 26 U.S.C. § 4611(e)

      Pub. L. 99–499, §§ 511(a), 512(b), amended subsec. (d) generally

   2. Redesignated · 26 U.S.C. § 4611(e)

      Pub. L. 99–499, §§ 511(a), 512(b), redesignated it as (e). Prior to amendment and redesignation, subsec. (d), termination, read as follows: “The taxes imposed by this section shall not apply after September 30, 1985, except that if on September 30, 1983, or September 30, 1984—

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–499, §§ 511(a), 512(b), amended subsec. (d) generally and redesignated it as (e). Prior to amendment and redesignation, subsec. (d), termination, read as follows: “The taxes imposed by this section shall not apply after September 30, 1985, except that if on September 30, 1983, or September 30, 1984—

   “(1) the unobligated balance in the Hazardous Substance Response Trust Fund as of such date exceeds $900,000,000, and “(2) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that such unobligated balance will exceed $500,000,000 on September 30 of the following year if no tax is imposed under section 4611 or 4661 during the calendar year following the date referred to above, then no tax shall be imposed by this section during the first calendar year beginning after the date referred to in paragraph (1).”

6. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 8032(a) · 100 Stat. 1874

   Amended · 26 U.S.C. § 4611(c)

   Pub. L. 99–509, § 8032(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–509, § 8032(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

   “(1) In general.—Except as provided in paragraph (2), the rate of the taxes imposed by this section is 8.2 cents a barrel. “(2) Imported petroleum products.—The rate of the tax imposed by subsection (a)(2) shall be 11.7 cents a barrel.”

   Enacted provision · exact public law section
   (a) In General.— Subsection (c) of section 4611 of the Internal Revenue Code of 1954 (relating to environmental tax on petroleum), Ante, pp. 1761, 1955. as amended by the Superfund Amendments and Reauthorization Act of 1986, is amended to read as follows: “(c) Rate of Tax.— “(1) In general.— The rate of the taxes imposed by this section is the sum of— “(A) the Hazardous Substance Superfund financing rate, and “(B) the Oil Spill Liability Trust Fund financing rate. “(2) Rates.— For purposes of paragraph (1)— “(A) the Hazardous Substance Superfund financing rate is— “(i) except as provided in clause (ii), 8.2 cents a barrel, and “(ii) 11.7 cents a barrel in the case of the tax imposed by subsection (a)(2), and “(B) the Oil Spill Liability Trust Fund financing rate is 1.3 cents a barrel.”

7. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 8032(c)(1) · 100 Stat. 1874

   1. Substituted · 26 U.S.C. § 4611(e)

      Pub. L. 99–509, § 8032(c)(1), substituted “Hazardous Substance Superfund financing rate” for “taxes” in heading

   2. Substituted · 26 U.S.C. § 4611(e)

      Pub. L. 99–509, § 8032(c)(1), substituted “the Hazardous Substance Superfund financing rate under this section” for “the taxes imposed by this section” in par. (1)

   3. Inserted · 26 U.S.C. § 4611(e)

      Pub. L. 99–509, § 8032(c)(1), inserted “(to the extent attributable to the Hazardous Substance Superfund financing rate)” after “this section” in pars. (2) and (3)(A)

   4. Substituted · 26 U.S.C. § 4611(e)

      Pub. L. 99–509, § 8032(c)(1), substituted “the Hazardous Substance Superfund financing rate under this section shall not apply” for “no tax shall be imposed under this section” in par. (3)(B)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–509, § 8032(c)(1), substituted “Hazardous Substance Superfund financing rate” for “taxes” in heading, substituted “the Hazardous Substance Superfund financing rate under this section” for “the taxes imposed by this section” in par. (1), inserted “(to the extent attributable to the Hazardous Substance Superfund financing rate)” after “this section” in pars. (2) and (3)(A), and substituted “the Hazardous Substance Superfund financing rate under this section shall not apply” for “no tax shall be imposed under this section” in par. (3)(B).

   Enacted provision · exact public law section
   (1) Subsection (e) of section 4611 of such Code (relating to application of taxes), as so amended, is amended— (A) in the subsection heading by striking out “Taxes” and inserting in lieu thereof “Hazardous Substance Superfund Financing Rate”, (B) in paragraph (1) by striking out “the taxes imposed by this section” and inserting in lieu thereof “the Hazardous Substance Superfund financing rate under this section”, (C) in paragraphs (2) and (3)(A) after “this section” by inserting “(to the extent attributable to the Hazardous Substance Superfund financing rate)”, and (D) in paragraph (3)(B) by striking out “no tax shall be imposed under this section” and inserting in lieu thereof “the Hazardous Substance Superfund financing rate under this section shall not apply”.

8. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 8032(c)(2) · 100 Stat. 1874

   Added · 26 U.S.C. § 4611(f)

   Pub. L. 99–509, § 8032(c)(2), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–509, § 8032(c)(2), added subsec. (f).

   Enacted provision · exact public law section
   (2) Section 4611 of such Code, as so amended, is amended by adding at the end thereof the following new subsection: “(f) Application of Oil Spill Liability Trust Fund Financing Rate.— “(1) In general.— Except as provided in paragraph (3), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply on and after the commencement date and before January 1, 1992. “(2) Commencement date.— “(A) In general.— For purposes of this subsection, the term ‘commencement date’ means the later of— “(i) February 1, 1987, or “(ii) the 1st day of the 1st calendar month beginning more than 30 days after the date of the enactment of qualified authorizing legislation. “(B) Qualified authorizing legislation.— For purposes of subparagraph (A), the term ‘qualified authorizing legislation’ means any law enacted before September 1, 1987, which is substantially identical to subtitle E of title VI, or subtitle D of title VIII, of H.R. 5300 of the 99th Congress as passed the House of Representatives. “(3) No tax if amounts collected exceed $300,000,000.— “(A) Estimates by secretary.— The Secretary as of the close of each calendar quarter (and at such other times as the Secretary determines appropriate) shall make an estimate of the amount of taxes which will be collected under this section (to the extent attributable to the Oil Spill Liability Trust Fund financing rate) during the period beginning on the commencement date and ending on December 31, 1991. “(B) Termination if $300,000,000 credited before January 1, 1992.— If the Secretary estimates under subparagraph (A) that more than $300,000,000 will be credited to the Fund before January 1, 1992, the Oil Spill Liability Trust Fund financing rate shall not apply after the date on which (as estimated by the Secretary) $300,000,000 will be so credited to the Fund.”

9. 1988

   Technical and Miscellaneous Revenue Act of 1988

   Pub. L. 100–647 title VI § 6108 · 102 Stat. 3342

   Substituted · 26 U.S.C. § 4611(f)(2)(B)

   Pub. L. 100–647 substituted “December 31, 1990” for “September 1, 1987”

   Source evidence

   Code amendment note
   Subsec. (f)(2)(B). Pub. L. 100–647 substituted “December 31, 1990” for “September 1, 1987”.

   Enacted provision · exact public law section
   SEC. 6108. EXTENSION OF TIME FOR ENACTING AUTHORIZING LEGISLATION RELATING TO THE OIL SPILL LIABILITY TRUST FUND. Subparagraph (B) of section 4611(f)(2) of the 1986 Code (defining qualified authorizing legislation) is amended by striking out “September 1, 1987” and inserting in lieu thereof “December 31, 1990”.

10. 1989

    Steel Trade Liberalization Program Implementation Act

    Pub. L. 101–221 § 8(a) · 103 Stat. 1886

    Amended · 26 U.S.C. § 4611(c)(2)(A)

    Pub. L. 101–221 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Hazardous Substance Superfund financing rate is—

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 101–221 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Hazardous Substance Superfund financing rate is—

    “(i) except as provided in clause (ii), 8.2 cents a barrel, and “(ii) 11.7 cents a barrel in the case of the tax imposed by subsection (a)(2), and”.

    Enacted provision · exact public law section
    (a) Uniform Rate.— Section 4611(c)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 4611(c)(2)(A)) is amended to read as follows: “(A) the Hazardous Substance Superfund financing rate is 9.7 cents a barrel, and”.

11. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7505(b) · 103 Stat. 2106

    Substituted · 26 U.S.C. § 4611(c)(2)(B)

    Pub. L. 101–239, § 7505(b), substituted “5 cents” for “1.3 cents”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 101–239, § 7505(b), substituted “5 cents” for “1.3 cents”.

    Enacted provision · exact public law section
    (b) 5 Cent Rate of Tax.— Subparagraph (B) of section 4611(c)(2) is amended by striking “1.3 cents” and inserting “5 cents”.

12. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 § 7505(a)(1) · 103 Stat. 2106

    1. Amended · 26 U.S.C. § 4611(f)

       Pub. L. 101–239, § 7505(a)(1), amended subsec. (f) generally

    2. Substituted · 26 U.S.C. § 4611(f)

       Pub. L. 101–239, § 7505(a)(1), substituting pars. (1) and (2) for former pars. (1) general applicability, (2) commencement date, and (3) limit on tax of $300,000,000

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–239, § 7505(a)(1), amended subsec. (f) generally, substituting pars. (1) and (2) for former pars. (1) general applicability, (2) commencement date, and (3) limit on tax of $300,000,000.

    Enacted provision · exact public law section
    (1) In general.— Subsection (f) of section 4611 (relating to application of Oil Spill Liability Trust Fund financing rate) is amended to read as follows: “(f) Application of Oil Spill Liability Trust Fund Financing Rate.— “(1) In general.— Except as provided in paragraph (2), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply after December 31, 1989, and before January 1, 1995. “(2) No tax if unobligated balance in fund exceeds «1,000,000,000.— The Oil Spill Liability Trust Fund financing rate shall not apply during any calendar quarter if the Secretary estimates that as of the close of the preceding calendar quarter the unobligated balance in the Oil Spill Liability Trust Fund exceeds $1,000,090,000.”

13. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11231(a)(1)(B) · 104 Stat. 1388

    Substituted · 26 U.S.C. § 4611(e)(1)

    Pub. L. 101–508, § 11231(a)(1)(B), substituted “January 1, 1996” for “January 1, 1992”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 101–508, § 11231(a)(1)(B), substituted “January 1, 1996” for “January 1, 1992”.

    Enacted provision · exact public law section
    (B) Paragraphs (1) and (3) of section 4611(e) (relating to application of Hazardous Substance Superfund financing rate).

14. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11231(a)(2) · 104 Stat. 1388

    1. Substituted · 26 U.S.C. § 4611(e)(2)

       Pub. L. 101–508, § 11231(a)(2), substituted “1993” for “1989” in subpar. (B) and concluding provisions

    2. Substituted · 26 U.S.C. § 4611(e)(2)

       Pub. L. 101–508, § 11231(a)(2), substituted “1994” for “1990” in subpar. (B) and concluding provisions

    3. Substituted · 26 U.S.C. § 4611(e)(2)

       Pub. L. 101–508, § 11231(a)(2), substituted “1995” for “1991” in subpar. (B) and concluding provisions

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 101–508, § 11231(a)(2), substituted “1993” for “1989” and “1994” for “1990” in introductory provisions and “1994” for “1990” and “1995” for “1991” in subpar. (B) and concluding provisions.

    Enacted provision · exact public law section
    (2) Paragraph (2) of section 4611(e) of such Code is amended— (A) by striking “1989” and inserting “1993”, (B) by striking “1990” each place it appears and inserting “1994”, and (C) by striking “1991” each place it appears and inserting “1995”.

15. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11231(b) · 104 Stat. 1388

    Substituted · 26 U.S.C. § 4611(e)(3)

    Pub. L. 101–508, § 11231(b), substituted “$11,970,000,000” for “$6,650,000,000” in heading

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 101–508, § 11231(b), substituted “$11,970,000,000” for “$6,650,000,000” in heading.

    Enacted provision · exact public law section
    (b) Increase in Aggregate Tax Which May Be Collected.— Paragraph (3) of section 4611(e) of such Code is amended by striking “$6,650,000,000” each place it appears and inserting “$11,970,000,000” and by striking “December 31, 1991” and inserting “December 31, 1995”.

16. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11231(b) · 104 Stat. 1388

    Substituted · 26 U.S.C. § 4611(e)(3)(A)

    Pub. L. 101–508, § 11231(b), substituted “December 31, 1995” for “December 31, 1991”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(A). Pub. L. 101–508, § 11231(b), substituted “December 31, 1995” for “December 31, 1991”.

    Enacted provision · exact public law section
    (b) Increase in Aggregate Tax Which May Be Collected.— Paragraph (3) of section 4611(e) of such Code is amended by striking “$6,650,000,000” each place it appears and inserting “$11,970,000,000” and by striking “December 31, 1991” and inserting “December 31, 1995”.

17. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11231(a)(1)(B) · 104 Stat. 1388

    1. Substituted · 26 U.S.C. § 4611(e)(3)(B)

       Pub. L. 101–508, § 11231(a)(1)(B), (b), substituted “January 1, 1996” for “January 1, 1992” in heading and twice in text

    2. Substituted · 26 U.S.C. § 4611(e)(3)(B)

       Pub. L. 101–508, § 11231(a)(1)(B), (b), substituted “$11,970,000,000” for “$6,650,000,000” in heading and twice in text

    Source evidence

    Code amendment note
    Subsec. (e)(3)(B). Pub. L. 101–508, § 11231(a)(1)(B), (b), substituted “January 1, 1996” for “January 1, 1992” in heading and text and “$11,970,000,000” for “$6,650,000,000” in heading and twice in text.

    Enacted provision · exact public law section
    (B) Paragraphs (1) and (3) of section 4611(e) (relating to application of Hazardous Substance Superfund financing rate).

18. 2005

    Energy Tax Incentives Act of 2005

    Pub. L. 109–58 title XIII § 1361 · 119 Stat. 594

    Amended · 26 U.S.C. § 4611(f)

    Pub. L. 109–58 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–58 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

    “(1) In general.—Except as provided in paragraph (2), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply after December 31, 1989, and before January 1, 1995. “(2) No tax if unobligated balance in fund exceeds $1,000,000,000.—The Oil Spill Liability Trust Fund financing rate shall not apply during any calendar quarter if the Secretary estimates that as of the close of the preceding calendar quarter the unobligated balance in the Oil Spill Liability Trust Fund exceeds $1,000,000,000.”

    Enacted provision · exact public law section
    SEC. 1361. OIL SPILL LIABILITY TRUST FUND FINANCING RATE.   Section 4611(f) (relating to application of oil spill liability trust fund financing rate) is amended to read as follows: “(f) Application of Oil Spill Liability Trust Fund Financing Rate.— “(1) In general.— Except Effective date. as provided in paragraphs (2) and (3), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply on and after April 1, 2006, or if later, the date which is 30 days after the last day of any calendar quarter for which the Secretary estimates that, as of the close of that quarter, the unobligated balance in the Oil Spill Liability Trust Fund is less than $2,000,000,000. “(2) Fund balance.— The Oil Spill Liability Trust Fund financing rate shall not apply during a calendar quarter if the Secretary estimates that, as of the close of the preceding calendar quarter, the unobligated balance in the Oil Spill Liability Trust Fund exceeds $2,700,000,000. “(3) Termination.— The Oil Spill Liability Trust Fund financing rate shall not apply after December 31, 2014.” .

19. 2008

    Energy Improvement and Extension Act of 2008

    Pub. L. 110–343 § 405(a)(1) · 122 Stat. 3765

    1. Substituted · 26 U.S.C. § 4611(c)(2)(B)

       Pub. L. 110–343, § 405(a)(1), substituted “is—” for “is 5 cents a barrel.”

    2. Added · 26 U.S.C. § 4611(c)(2)(B)

       Pub. L. 110–343, § 405(a)(1), added cls. (i) and (ii)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 110–343, § 405(a)(1), substituted “is—” for “is 5 cents a barrel.” and added cls. (i) and (ii).

    Enacted provision · exact public law section
    (1) In general.— Section 4611(c)(2)(B) (relating to rates) is amended by striking “is 5 cents a barrel.” and inserting “is— “(i) in the case of crude oil received or petroleum products entered before January 1, 2017, 8 cents a barrel, and “(ii) in the case of crude oil received or petroleum products entered after December 31, 2016, 9 cents a barrel.” .

20. 2008

    Energy Improvement and Extension Act of 2008

    Pub. L. 110–343 § 405(b)(2) · 122 Stat. 3765

    Substituted · 26 U.S.C. § 4611(f)(1)

    Pub. L. 110–343, § 405(b)(2), substituted “paragraph (2)” for “paragraphs (2) and (3)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 110–343, § 405(b)(2), substituted “paragraph (2)” for “paragraphs (2) and (3)”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 4611(f)(1) is amended by striking “paragraphs (2) and (3)” and inserting “paragraph (2)”.

21. 2008

    Energy Improvement and Extension Act of 2008

    Pub. L. 110–343 § 405(b)(1) · 122 Stat. 3765

    1. Added · 26 U.S.C. § 4611(f)(2); 26 U.S.C. § 4611(f)(3)

       Pub. L. 110–343, § 405(b)(1), added par. (2)

    2. Struck · 26 U.S.C. § 4611(f)(2); 26 U.S.C. § 4611(f)(3)

       Pub. L. 110–343, § 405(b)(1), struck out former pars. (2) and (3), which provided that the Oil Spill Liability Trust Fund financing rate would not apply if the unobligated balance in the Fund exceeded $2,700,000,000 and that the Fund financing rate would not apply after Dec. 31, 2014

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 110–343, § 405(b)(1), added par. (2) and struck out former pars. (2) and (3), which provided that the Oil Spill Liability Trust Fund financing rate would not apply if the unobligated balance in the Fund exceeded $2,700,000,000 and that the Fund financing rate would not apply after Dec. 31, 2014.

    Enacted provision · exact public law section
    (1) In general.— Section 4611(f) 26 USC 4611. (relating to application of Oil Spill Liability Trust Fund financing rate) is amended by striking paragraphs (2) and (3) and inserting the following new paragraph: “(2) Termination.— The Oil Spill Liability Trust Fund financing rate shall not apply after December 31, 2017.” .

22. 2014

    Tax Technical Corrections Act of 2014

    Pub. L. 113–295 § 221(a)(12)(I)(i) · 128 Stat. 4010

    Substituted · 26 U.S.C. § 4611(e)(2)(B)

    Pub. L. 113–295, § 221(a)(12)(I)(i), substituted “this section” for “section 59A, this section,”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B). Pub. L. 113–295, § 221(a)(12)(I)(i), substituted “this section” for “section 59A, this section,”.

    Enacted provision · exact public law section
    (i) by striking “section 59A, this section,” in paragraph (2)(B) and inserting “this section”, and

23. 2014

    Tax Technical Corrections Act of 2014

    Pub. L. 113–295 § 221(a)(12)(I)(ii) · 128 Stat. 4010

    Struck · 26 U.S.C. § 4611(e)(3)(A)

    Pub. L. 113–295, § 221(a)(12)(I)(ii), struck out “section 59A,” after “collected under” and comma after “rate)”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(A). Pub. L. 113–295, § 221(a)(12)(I)(ii), struck out “section 59A,” after “collected under” and comma after “rate)”.

    Enacted provision · exact public law section
    (ii) in paragraph (3)(A)— (I) by striking “section 59A,”, and (II) by striking the comma after “rate)”.

24. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 div. D title I § 40416(a) · 132 Stat. 64

    Substituted · 26 U.S.C. § 4611(f)(2)

    Pub. L. 115–123 substituted “December 31, 2018” for “December 31, 2017”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 115–123 substituted “December 31, 2018” for “December 31, 2017”.

    Enacted provision · exact public law section
    (a) In General.— Section 4611(f)(2) is amended by striking “December 31, 2017” and inserting “December 31, 2018”.

25. 2019

    Taxpayer Certainty and Disaster Tax Relief Act of 2019

    Pub. L. 116–94 div. Q title I § 134(a) · 133 Stat. 2534

    Substituted · 26 U.S.C. § 4611(f)(2)

    Pub. L. 116–94 substituted “December 31, 2020” for “December 31, 2018”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 116–94 substituted “December 31, 2020” for “December 31, 2018”.

    Enacted provision · exact public law section
    (a) In General.— Section 4611(f)(2) 26 USC 4611. is amended by striking “December 31, 2018” and inserting “December 31, 2020”.

26. 2020

    Department of the Treasury Appropriations Act, 2021

    Pub. L. 116–260 div. EE title I § 117(a) · 134 Stat. 1182

    Substituted · 26 U.S.C. § 4611(f)(2)

    Pub. L. 116–260 substituted “December 31, 2025” for “December 31, 2020”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 116–260 substituted “December 31, 2025” for “December 31, 2020”.

    Enacted provision · exact public law section
    Sec. 117. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate.

27. 2022

    Pub. L. 117–169 § 13601(a)(2)(A) · 136 Stat. 1818

    Substituted · 26 U.S.C. § 4611(c)(2)(A)

    Pub. L. 117–169, § 13601(a)(2)(A), substituted “16.4 cents” for “9.7 cents”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 117–169, § 13601(a)(2)(A), substituted “16.4 cents” for “9.7 cents”.

    Enacted provision · exact public law section
    (A) Section 4611(c)(2)(A) is amended by striking “9.7 cents” and inserting “16.4 cents”.

    Effective date note
    Pub. L. 117–169, title I, § 13601(c), Aug. 16, 2022, 136 Stat. 1982, provided that: “The amendments made by this section [amending this section and section 9507 of this title] shall take effect on January 1, 2023.”

28. 2022

    Pub. L. 117–169 § 13601(a)(2)(B) · 136 Stat. 1818

    Added · 26 U.S.C. § 4611(c)(3)

    Pub. L. 117–169, § 13601(a)(2)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 117–169, § 13601(a)(2)(B), added par. (3).

    Enacted provision · exact public law section
    (B) Section 4611(c) is amended by adding at the end the following: “(3) Adjustment for inflation.— “(A) In general.— In the case of a year beginning after 2023, the amount in 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, determined by substituting ‘calendar year 2022’ 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.” .

    Effective date note
    Pub. L. 117–169, title I, § 13601(c), Aug. 16, 2022, 136 Stat. 1982, provided that: “The amendments made by this section [amending this section and section 9507 of this title] shall take effect on January 1, 2023.”

29. 2022

    Pub. L. 117–169 § 13601(a)(1) · 136 Stat. 1818

    Struck · 26 U.S.C. § 4611(e)

    Pub. L. 117–169, § 13601(a)(1), struck out subsec. (e) which related to application of Hazardous Substance Superfund financing rate

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–169, § 13601(a)(1), struck out subsec. (e) which related to application of Hazardous Substance Superfund financing rate.

    Enacted provision · exact public law section
    (1) Extension.— Section 4611 is amended by striking subsection (e).

    Effective date note
    Pub. L. 117–169, title I, § 13601(c), Aug. 16, 2022, 136 Stat. 1982, provided that: “The amendments made by this section [amending this section and section 9507 of this title] shall take effect on January 1, 2023.”

34 of 40 references resolved to an enrolled provision · 6 unresolved