```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1959 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1959

To deny certain tax benefits to oil and gas companies and to invest the 
                   savings in clean energy programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2011

  Mr. Tonko introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
Energy and Commerce, Science, Space, and Technology, and Education and 
   the Workforce, 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 deny certain tax benefits to oil and gas companies and to invest the 
                   savings in clean energy programs.

    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 ``Pain at the Pump Act''.

    TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES

SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by striking section 43 
(and the table of sections of such subpart is amended by striking the 
item relating to such section).
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 of such Code is amended by 
        striking paragraph (6) and redesignating paragraphs (7) through 
        (36) as paragraphs (6) through (35), respectively.
            (2) Paragraph (7) of section 45Q(d) of such Code is amended 
        to read as follows:
            ``(7) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning in a calendar year after 2009, there shall be 
                substituted for each dollar amount contained in 
                subsection (a) an amount equal to the product of--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the inflation adjustment factor for 
                        such calendar year.
                    ``(B) Inflation adjustment factor.--The term 
                `inflation adjustment factor' means, with respect to 
                any calendar year, a fraction the numerator of which is 
                the GNP implicit price deflator for the preceding 
                calendar year and the denominator of which is the GNP 
                implicit price deflator for 2008. For purposes of the 
                preceding sentence, the term `GNP implicit price 
                deflator' means the first revision of the implicit 
                price deflator for the gross national product as 
                computed and published by the Secretary of Commerce. 
                Not later than April 1 of any calendar year, the 
                Secretary shall publish the inflation adjustment factor 
                for the preceding calendar year.''.
            (3) Subsection (c) of section 196 of such Code is amended 
        by striking paragraph (5) and redesignating paragraphs (6) 
        through (14) as paragraphs (5) through (13), respectively.
    (c) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years beginning after December 31, 2011.
            (2) Continuation of basis reductions.--Paragraph (2) of 
        section 43(d) of the Internal Revenue Code of 1986 (as in 
        effect before its repeal by this section) shall continue to 
        apply with respect to credits determined for taxable years 
        beginning on or before December 31, 2011.

SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
              WELLS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by striking section 45I 
(and the table of sections of such subpart is amended by striking the 
item relating to such section).
    (b) Conforming Amendment.--Subsection (b) of section 38 of such 
Code, as amended by section 101, is amended by striking paragraph (18) 
and redesignating paragraphs (19) through (35) as paragraphs (18) 
through (34), respectively.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT 
              COSTS.

    (a) In General.--Section 263 of the Internal Revenue Code of 1986 
is amended by striking subsection (c).
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS.

    (a) In General.--Part VI of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by striking section 193 (and 
the table of sections of such subpart is amended by striking the item 
relating to such section).
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING 
              INTERESTS IN OIL AND GAS PROPERTIES.

    (a) In General.--Paragraph (3) of section 469(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subparagraph:
                    ``(C) Termination.--Subparagraph (A) shall not 
                apply with respect to any taxable year beginning after 
                the date of the enactment of this Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.

    (a) In General.--Part I of subchapter I of chapter 1 of the 
Internal Revenue Code of 1986 is amended by striking section 613A (and 
the table of sections of such part is amended by striking the item 
relating to such section).
    (b) Conforming Amendments.--
            (1) Subsection (d) of section 45H of such Code is amended--
                    (A) by striking ``For purposes this section'' and 
                inserting the following:
            ``(1) In general.--For purposes of this section'',
                    (B) by striking ``(within the meaning of section 
                613A(d)(3))'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Related person.--For purposes of this subsection, a 
        person is a related person with respect to the taxpayer if a 
        significant ownership interest in either the taxpayer or such 
        person is held by the other, or if a third person has a 
        significant ownership interest in both the taxpayer and such 
        person. For purposes of the preceding sentence, the term 
        `significant ownership interest' means--
                    ``(A) with respect to any corporation, 5 percent or 
                more in value of the outstanding stock of such 
                corporation,
                    ``(B) with respect to a partnership, 5 percent or 
                more interest in the profits or capital of such 
                partnership, and
                    ``(C) with respect to an estate or trust, 5 percent 
                or more of the beneficial interests in such estate or 
                trust.
        For purposes of determining a significant ownership interest, 
        an interest owned by or for a corporation, partnership, trust, 
        or estate shall be considered as owned directly both by itself 
        and proportionately by its shareholders, partners, or 
        beneficiaries, as the case may be.''.
            (2) Subparagraph (F) of section 56(g)(4) of such Code is 
        amended to read as follows:
                    ``(F) Depletion.--The allowance for depletion with 
                respect to any property placed in service in a taxable 
                year beginning after December 31, 1989, shall be cost 
                depletion determined under section 611.''.
            (3) Paragraph (1) of section 57(a) of such Code is amended 
        by striking the last sentence.
            (4) Paragraph (4) of section 291(b) of such Code is amended 
        by adding at the end the following: ``Any reference in the 
        preceding sentence to section 613A shall be treated as a 
        reference to such section as in effect prior to the date of the 
        enactment of the Pain at the Pump Act.''.
            (5) Subsection (d) of section 613 of such Code is amended 
        by striking ``Except as provided in section 613A, in the case 
        of'' and inserting ``In the case of''.
            (6) Subsection (e) of section 613 of such Code is amended--
                    (A) by striking ``or section 613A'' in paragraph 
                (2), and
                    (B) by striking ``any amount described in section 
                613A(d)(5)'' in paragraph (3) and inserting ``any lease 
                bonus, advance royalty, or other amount payable without 
                regard to production from property''.
            (7) Subsection (a) of section 705 of such Code is amended--
                    (A) by inserting ``and'' at the end of paragraph 
                (1)(C),
                    (B) by striking ``; and'' at the end of paragraph 
                (2)(B) and inserting a period, and
                    (C) by striking paragraph (3).
            (8) Section 776 of such Code is amended by striking 
        subsection (a) and by redesignating subsection (b) as 
        subsection (a).
            (9) Subparagraph (D) of section 954(g)(2) of such Code is 
        amended by inserting ``(as in effect before the date of the 
        enactment of the Pain at the Pump Act)'' after ``section 
        613A''.
            (10) Subparagraph (C) of section 993(c)(2) of such Code is 
        amended by striking ``section 613 or 613A'' and inserting 
        ``section 613 (determined without regard to subsection (d) 
        thereof)''.
            (11) Subparagraph (D) of section 1202(e)(3) of such Code is 
        amended by striking ``section 613 or 613A'' and inserting 
        ``section 613 (determined without regard to subsection (d) 
        thereof)''.
            (12) Paragraph (2) of section 1367(a) of such Code is 
        amended by inserting ``and'' at the end of subparagraph (C), by 
        striking ``, and'' at the end of subparagraph (D) and inserting 
        a period, and by striking subparagraph (E).
            (13) Subsection (c) of section 1446 of such Code is amended 
        by striking paragraph (2) and by redesignating paragraph (3) as 
        paragraph (2).
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2011.

SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION 
              ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS 
              ACTIVITIES.

    (a) In General.--Subparagraph (B) of section 199(c)(4) of the 
Internal Revenue Code of 1986 is amended by striking ``and'' at the end 
of clause (ii), by striking the period at the end of clause (iii) and 
inserting ``, and'', and by inserting after clause (iii) the following 
new clause:
                            ``(iv) the production, refining, 
                        processing, transportation, or distribution of 
                        oil, gas, or any primary product thereof.''.
    (b) Conforming Amendment.--Subsection (d) of section 199 of such 
Code is amended by striking paragraph (9) and by redesignating 
paragraph (10) as paragraph (9).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL 
              EXPENDITURES.

    (a) In General.--Subsection (h) of section 167 of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``24-month'' in paragraphs (1) and (4) and 
        inserting ``7-year'', and
            (2) by striking paragraph (5).
    (b) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after December 31, 2011.

             TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS

SEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS.

    It is the sense of Congress that the increase in revenue to the 
Federal Government resulting from the provisions of, and amendments 
made by, title I should be used to make additional expenditures in the 
following areas and programs:
            (1) Alternative fuel technology programs.
            (2) Advanced battery development programs.
            (3) Programs of the Advanced Research Projects Agency--
        Energy.
            (4) Research and development of clean energy technologies.
            (5) Clean energy loan guarantee programs.
            (6) Programs of the Office of Energy Efficiency and 
        Renewable Energy of the Department of Energy.
            (7) Weatherization Assistance Program.
            (8) State Energy Program.
            (9) Low Income Home Energy Assistance Program.
            (10) Distributed generation and turbine research and 
        development.
                                 <all>
```