I 

117TH CONGRESS 

2D SESSION H. R. 6644 

To amend the Internal Revenue Code of 1986 to repeal the production 

tax credit and the investment tax credit. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2022 

Mr. PERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the production tax credit and the investment tax credit. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REPEAL OF ENERGY CREDIT AND CREDIT FOR 

4 ELECTRICITY PRODUCED FROM CERTAIN RE5 NEWABLE RESOURCES. 

6 (a) REPEAL OF PRODUCTION CREDIT.— 

7 (1) IN GENERAL.—Subpart D of part IV of 

8 subchapter A of chapter 1 of the Internal Revenue 

9 Code of 1986 is amended by striking section 45 (and 


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1 by striking the item relating to such section in the 

2 table of sections for such subpart). 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 38 of such Code is amended— 

5 (i) in subsection (b), by striking para6 graph (8), and 

7 (ii) in subsection (c)(4)(B), by strik8 ing clauses (iv) and (v). 

9 (B) Section 45J of such Code is amended 

10 by adding at the end the following new sub11 section: 

12 ‘‘(g) REFERENCES TO SECTION 45.—Any reference 

13 in this section to any provision of section 45 shall be treat14 ed as a reference to such provision as in effect immediately 

15 before its repeal.’’. 

16 (C) Section 45K(g)(2) of such Code is 

17 amended by striking subparagraph (E). 

18 (D) Section 55(c)(1) of such Code is 

19 amended by striking ‘‘45(e)(11)(C),’’. 

20 (E) Section 59A(b)(4) of such Code is 

21 amended by inserting ‘‘and’’ at the end of sub22 paragraph (A) and by striking subparagraph 

23 (B). 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to electricity produced 

3 and sold after December 31, 2021. 

4 (b) REPEAL OF ENERGY CREDIT.— 

5 (1) IN GENERAL.—Subpart D of part IV of 

6 subchapter A of such Code is amended by striking 

7 section 48 (and by striking the item relating to such 

8 section in the table of sections for such subpart). 

9 (2) CONFORMING AMENDMENTS.— 

10 (A) Section 38(c)(4)(B) of such Code is 

11 amended by striking clause (x). 

12 (B) Section 25(e)(3) of such Code is 

13 amended by adding ‘‘(as in effect immediately 

14 before its repeal)’’ before the period at the end. 

15 (C) Section 45K(b)(3) of such Code is 

16 amended by striking ‘‘(within the meaning of 

17 section 48(a)(4)(C))’’ and inserting ‘‘(within 

18 the meaning of section 48(a)(4)(C) as in effect 

19 immediately before its repeal)’’. 

20 (D) Section 48A(b)(2) of such Code is 

21 amended by striking ‘‘section 48(a)(4) (without 

22 regard to subparagraph (D) thereof)’’ and in23 serting ‘‘section 48(a)(4), as in effect imme24 diately before its repeal (without regard to sub25 paragraph (D) thereof)’’. 


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1 (E) Section 48B(b)(2) of such Code is 

2 amended by striking ‘‘section 48(a)(4) (without 

3 regard to subparagraph (D) thereof)’’ and in4 serting ‘‘section 48(a)(4), as in effect imme5 diately before its repeal (without regard to sub6 paragraph (D) thereof)’’. 

7 (F) Section 48C(e) of such Code is amend8 ed by striking ‘‘48,’’. 

9 (G) Section 50(a)(2)(E) of such Code is 

10 amended by striking ‘‘section 48(b)’’. 

11 (H) Section 168(e)(3) of such Code is 

12 amended— 

13 (i) in clause (v), by adding ‘‘and’’ at 

14 the end, and 

15 (ii) by striking clause (vi). 

16 (I) Section 409 of such Code is amended— 

17 (i) in subsection (g), by striking ‘‘sec18 tion 48(n)(1) or’’ and ‘‘section 48(n)(1) 

19 and’’, and 

20 (ii) in subsection (m), by striking ‘‘, 

21 or subparagraph (A) or (B) of section 

22 48(n)(1)’’. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to taxable years begin3 ning after December 31, 2021. 

Æ 


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