Source
(Added Pub. L. 99–499, title V, § 522(a), Oct. 17, 1986, 100 Stat. 1780; amended Pub. L. 100–203, title X, § 10502(d)(16), (17), Dec. 22, 1987, 101 Stat. 1330–445; Pub. L. 101–239, title VII, § 7822(b)(7), Dec. 19, 1989, 103 Stat. 2425; Pub. L. 103–66, title XIII, §§ 13163(c),
13242
(d)(42), Aug. 10, 1993, 107 Stat. 454, 528; Pub. L. 105–34, title X, § 1032(e)(13), Aug. 5, 1997, 111 Stat. 935; Pub. L. 108–357, title VIII, § 853(d)(2)(P), (Q), Oct. 22, 2004, 118 Stat. 1614; Pub. L. 109–58, title XIII, § 1362(c), Aug. 8, 2005, 119 Stat. 1059; Pub. L. 109–59, title XI, § 11147(a), Aug. 10, 2005, 119 Stat. 1967; Pub. L. 109–432, div. A, title II, § 210(a), Dec. 20, 2006, 120 Stat. 2947; Pub. L. 109–433, § 1(a), Dec. 20, 2006, 120 Stat. 3196.)
References in Text
Sections 9003 to 9005 and 9010 to 9013 of the Solid Waste Disposal Act, referred to in subsecs. (b)(4) and (c), are classified to sections
6991b to
6991d and
6991i to
6991l, respectively, of Title
42, The Public Health and Welfare.
The date of the enactment of Public Law 109–168, referred to in subsec. (c), is Jan. 10, 2006.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d)(2), is
Pub. L. 96–510, Dec. 11, 1980,
94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
9601 of Title
42 and Tables.
The Superfund Amendments and Reauthorization Act of 1986, referred to in subsec. (d)(2), is
Pub. L. 99–499, Oct. 17, 1986,
100 Stat. 1613. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section
9601 of Title
42 and Tables.
Amendments
2006—Subsec. (c).
Pub. L. 109–433, which directed an amendment of subsec. (c) identical to that by
Pub. L. 109–432, to be treated as not having been enacted. See Amendment note and Construction of Amendment by
Pub. L. 109–433 note below.
Pub. L. 109–432 substituted “sections
9003
(h),
9003
(i),
9003
(j),
9004
(f),
9005
(c),
9010,
9011,
9012, and
9013” for “section
9003
(h)” and “Public Law 109–168” for “Superfund Amendments and Reauthorization Act of 1986”.
2005—Subsec. (c).
Pub. L. 109–58 reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, subsec. (c) related to availability of amounts in the Leaking Underground Storage Tank Trust Fund and transfers from the Trust Fund for certain repayments and credits.
Subsec. (e).
Pub. L. 109–59, § 11147(a), added subsec. (e).
2004—Subsec. (b)(3) to (5).
Pub. L. 108–357, § 853(d)(2)(P), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “taxes received in the Treasury under section
4091 (relating to tax on aviation fuel) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section,”.
Subsec. (c)(2)(A).
Pub. L. 108–357, § 853(d)(2)(Q), substituted “section
4081” for “sections
4081 and
4091” in concluding provisions.
1997—Subsec. (b)(2).
Pub. L. 105–34 substituted “, diesel fuel, and kerosene” for “and diesel fuel”.
1993—Subsec. (b).
Pub. L. 103–66, § 13242(d)(42)(C), which directed the substitution of “4081” for “4091” in last sentence, could not be executed because last sentence did not contain a reference to “4091”.
Pub. L. 103–66, § 13163(c), inserted at end “For purposes of this subsection, there shall not be taken into account the taxes imposed by sections
4041 and
4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat.”
Subsec. (b)(2).
Pub. L. 103–66, § 13242(d)(42)(A), inserted “and diesel fuel” after “gasoline”.
Subsec. (b)(3).
Pub. L. 103–66, § 13242(d)(42)(B), struck out “diesel fuel and” before “aviation fuel”.
1989—Subsecs. (b)(3), (c)(2)(A).
Pub. L. 101–239 substituted “Storage Tank Trust Fund financing” for “Storage Trust Fund financing”.
1987—Subsec. (b)(3) to (5).
Pub. L. 100–203, § 10502(d)(16), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (c)(2)(A).
Pub. L. 100–203, § 10502(d)(17), added cl. (ii) and closing provisions, and struck out former cl. (ii) which read as follows: “credits allowed under section
34, with respect to the taxes imposed by sections
4041
(d) and
4081 (to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under section
4081).”
Effective Date of 2006 Amendment
Pub. L. 109–433, § 1(c), Dec. 20, 2006,
120 Stat. 3196, provided that: “The amendments made by this section [amending this section and section
6991m of Title
42, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Dec. 20, 2006].”
Pub. L. 109–432, div. A, title II, § 210(c), Dec. 20, 2006,
120 Stat. 2947, provided that: “The amendments made by this section [amending this section and section
6991m of Title
42, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Dec. 20, 2006].”
Effective Date of 2005 Amendments
Pub. L. 109–59, title XI, § 11147(b), Aug. 10, 2005,
119 Stat. 1968, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].”
Amendment by
Pub. L. 109–58 effective Oct. 1, 2005, see section 1362(d)(1) of
Pub. L. 109–58, set out as a note under section
4041 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after Dec. 31, 2004, see section 853(e) of
Pub. L. 108–357, set out as a note under section
4041 of this title.
Effective Date of 1997 Amendment
Amendment by
Pub. L. 105–34 effective July 1, 1998, see section 1032(f)(1) of
Pub. L. 105–34, as amended, set out as a note under section
4041 of this title.
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–66 effective Jan. 1, 1994, see sections 13163(d) and 13242(e) of
Pub. L. 103–66, set out as notes under section
4041 of this title.
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–239 effective as if included in the provision of the Revenue Act of 1987,
Pub. L. 100–203, title X, to which such amendment relates, see section 7823 of
Pub. L. 101–239, set out as a note under section
26 of this title.
Effective Date of 1987 Amendment
Amendment by section 10502(d)(16) of
Pub. L. 100–203 applicable to sales after Mar. 31, 1988, see section 10502(e) of
Pub. L. 100–203, set out as a note under section
40 of this title.
Amendment by section 10502(d)(17) of
Pub. L. 100–203 treated as if included in the amendments made by section 521 of the Superfund Revenue Act of 1986 [
Pub. L. 99–499, title V, see Effective Date of 1986 Amendment note set out under section
4041 of this title], except that reference to section
4091 of this title in subsec. (c)(2)(A) of this section not applicable to sales before Apr. 1, 1988, see section 2001(d)(1)(A) of
Pub. L. 100–647, set out as a note under section
4041 of this title.
Effective Date
Section 522(c) of
Pub. L. 99–499 provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 1987.”
Construction of Amendment by Pub. L. 109–433
Pub. L. 110–172, § 11(a)(46), Dec. 29, 2007,
121 Stat. 2488, provided that: “The Internal Revenue Code of 1986 shall be applied and administered as if the amendments made by section 1(a) of Public Law 109–433 [amending this section] had never been enacted.”