End Polluter Welfare Act of 2013

To eliminate certain subsidies for fossil-fuel production. 1. Short title This Act may be cited as the End Polluter Welfare Act of 2013 2. Findings Congress finds that— (1) President Obama joined other world leaders from the Group of Twenty in pledging to phase out wasteful fossil-fuel subsidies; (2) the Environmental Law Institute found that from 2002 through 2008, Federal fossil-fuel subsidies in the United States totaled over $72,000,000,000, while Federal renewable-energy investments totaled $12,200,000,000; (3) according to Taxpayers for Common Sense, the 5 largest oil corporations have made more than $1,000,000,000,000 in profits during the past decade; (4) according to the Center for American Progress, the 5 largest oil corporations posted more than $70,000,000,000 in profits in just the first 3 quarters of 2013; (5) according to the Center for Responsive Politics, the entire oil and gas industry spent $105,000,000 on lobbying in the first 3 quarters of 2013, which was an effective investment in protecting their extraordinary tax loopholes and subsidies; and (6) taxpayers in the United States should not be subsidizing fossil fuel companies in a period of record debt. 3. Definition of fossil fuel In this Act, the term fossil fuel 4. Royalty Relief (a) In general (1) Outer Continental Shelf Lands Act Section 8(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(a)(3) (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B). (2) Energy Policy Act of 2005 (A) Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico Section 344 of the Energy Policy Act of 2005 ( 42 U.S.C. 15904 (B) Deep water production Section 345 of the Energy Policy Act of 2005 ( 42 U.S.C. 15905 (b) Future provisions Notwithstanding any other provision of law (including regulations), royalty relief shall not be permitted under a lease issued under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 5. Royalties under Mineral Leasing Act (a) Coal leases Section 7(a) of the Mineral Leasing Act ( 30 U.S.C. 207(a) 12 1/2 18 3/4 (b) Leases on land on which oil or natural gas is discovered Section 14 of the Mineral Leasing Act ( 30 U.S.C. 223 12 1/2 18 3/4 (c) Leases on land known or believed To contain oil or natural gas Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (1) in subsection (b)— (A) in paragraph (1)(A), by striking 12.5 18 3/4 (B) in paragraph (2)(A)(ii), by striking 12 1/2 18 3/4 (2) in subsection (c)(1), by striking 12.5 18 3/4 (3) in subsection (l), by striking 12 1/2 18 3/4 (4) in subsection (n)(1)(C), by striking 12 1/2 18 3/4 6. Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources Subtitle J of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16371 et seq. 7. Removal of limits on liability for offshore facilities and pipeline operators Section 1004(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(a) (1) in paragraph (3), by striking plus $75,000,000; and and the liability of the responsible party under section 1002; (2) in paragraph (4)— (A) by inserting (except an onshore pipeline transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen) for any onshore facility (B) by striking the period at the end and inserting ; and (3) by adding at the end the following: (5) for any onshore facility transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen, the liability of the responsible party under section 1002. . 8. Funds to World Bank for financing projects that support fossil fuel (a) Rescission of funds Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the International Bank for Reconstruction and Development and the International Development Association (commonly known as the World Bank (b) Future funds Notwithstanding any other provision of law, any amounts made available to the World Bank or any other international financing entity shall not be used to carry out any project that supports fossil fuel. 9. Office of Fossil Energy Research and Development (a) In general Section 203(a)(2) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a)(2) (1) in subparagraph (C), by inserting and (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (b) Termination Notwithstanding any other provision of law, the Office of Fossil Energy Research and Development and the authority to carry out any program or activity of the Office (as in existence on the day before the date of enactment of this Act) is terminated. 10. Advanced Research Projects Agency—Energy None of the funds made available to the Advanced Research Projects Agency—Energy shall be used to carry out any project that supports fossil fuel. 11. Incentives for innovative technologies (a) In general Section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 (1) in subsection (b)— (A) by striking paragraph (2); (B) by striking paragraph (10); and (C) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8) respectively; (2) by striking subsection (c); and (3) by redesignating subsections (d) and (e) as paragraphs (c) and (d) respectively. (b) Conforming amendment Section 1704 of the Energy Policy Act of 2005 ( 42 U.S.C. 16514 (1) in subsection (a), by striking (a) In general (2) by striking subsection (b). 12. Rural Utility Service loan guarantees The Secretary of Agriculture shall not make a loan under title III of the Rural Electrification Act of 1936 ( 7 U.S.C. 931 et seq. 13. Funds to the Overseas Private Investment Corporation or the Export-Import Bank of the United States for financing projects, transactions, or other activities that support fossil fuel (a) Rescission of funds Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States to carry out any project, transaction, or other activity that supports fossil-fuel production. (b) Future funds Notwithstanding any other provision of law, any amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States shall not be used to carry out any project, transaction, or other activity that supports fossil-fuel production. 14. Transportation funds for grants, loans, loan guarantees, and other direct assistance Notwithstanding any other provision of law, any amounts made available to the Department of Transportation (including the Federal Railroad Administration) shall not be used to award any grant, loan, loan guarantee, or provide any other direct assistance to any rail or port project that transports fossil fuel. 15. Termination of various tax expenditures relating to fossil fuels (a) In general Subchapter C of chapter 80 7875. Termination of certain provisions relating to fossil fuel incentives (a) In general The following provisions shall not apply to taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2013 (1) Section 43 (relating to enhanced oil recovery credit). (2) Section 45I (relating to credit for producing oil and natural gas from marginal wells). (3) Section 45K (relating to credit for producing fuel from a nonconventional source). (4) Section 193 (relating to tertiary injectants). (5) Section 199(d)(9) (relating to special rule for taxpayers with oil related qualified production activities income). (6) Section 461(i)(2) (relating to special rule for spudding of oil or natural gas wells). (7) Section 469(c)(3) (relating to working interests in oil and natural gas property). (8) Section 613A (relating to limitations on percentage depletion in case of oil and natural gas wells). (9) Section 617 (relating to deduction and recapture of certain mining exploration expenditures). (10) Section 7704(d)(1)(E) (relating to qualifying income). (b) Provisions relating to property The following provisions shall not apply to property placed in service after the date of the enactment of the End Polluter Welfare Act of 2013 (1) Subparagraphs (C)(iii) and (E)(viii) of section 168(e)(3) (relating to classification of certain property). (2) Section 169 (relating to amortization of pollution control facilities) with respect to any atmospheric pollution control facility. (3) Section 179C (relating to election to expense certain refineries). (c) Provisions relating to costs and expenses The following provisions shall not apply to costs or expenses paid or incurred after the date of the enactment of the End Polluter Welfare Act of 2013 (1) Section 179B (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations). (2) Section 263(c) (relating to intangible drilling and development costs) with respect to costs in the case of oil and natural gas wells. (3) Section 468 (relating to special rules for mining and solid waste reclamation and closing costs). (d) 5-Year carryback for marginal oil and natural gas well production credit Section 39(a)(3) (relating to 5-year carryback for marginal oil and natural gas well production credit) shall not apply to credits determined in taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2013 (e) Credit for carbon dioxide sequestration Section 45Q (relating to credit for carbon dioxide sequestration) shall not apply to carbon dioxide captured after the date of the enactment of the End Polluter Welfare Act of 2013 (f) Allocated credits No new credits shall be certified under section 48A (relating to qualifying advanced coal project credit) or section 48B (relating to qualifying gasification project credit) after the date of the enactment of the End Polluter Welfare Act of 2013 (g) Arbitrage bonds Section 148(b)(4) (relating to safe harbor for prepaid natural gas) shall not apply to obligations issued after the date of the enactment of the End Polluter Welfare Act of 2013 . (b) Conforming amendment The table of sections for subchapter C of chapter 90 is amended by adding at the end the following new item: Sec. 7875. Termination of certain provisions. . 16. Termination of alternative fuel vehicle refueling property credit with respect to fossil fuels (a) In general Paragraph (2) of section 30C(c) (1) by striking , natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, (2) by striking subparagraph (B), and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Effective date The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. 17. Uniform seven-year amortization for geological and geophysical expenditures (a) In general Section 167(h) (1) by striking 24-month period 7-year period (2) by striking paragraph (5). (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. 18. Natural gas gathering lines treated as 15-year property (a) In general Subparagraph (E) of section 168(e)(3) and , and (x) any natural gas gathering line the original use of which commences with the taxpayer after the date of the enactment of this clause. . (b) Alternative system The table contained in section 168(g)(3)(B) (E)(x) 22 . (c) Conforming amendment Clause (iv) of section 168(e)(3)(C) and on or before the date of the enactment of the End Polluter Welfare Act of 2013 April 11, 2005 (d) Effective date (1) In general The amendments made by this section shall apply to property placed in service on and after the date of the enactment of this Act. (2) Exception The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of this Act, or, in the case of self-constructed property, has started construction on or before such date. 19. Repeal of domestic manufacturing deduction for hard mineral mining (a) In general Subparagraph (B) of section 199(c)(4) or , or (iv) the mining of any hard mineral. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 20. Limitation on deduction for income attributable to domestic production of oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) (E) Special rule for oil, natural gas, and coal income The term domestic production gross receipts . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 21. Termination of last-in, first-out method of inventory for oil, natural gas, and coal companies (a) In general Section 472 (h) Termination for oil, natural gas, and coal companies Subsection (a) shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2013 . (b) Additional termination Section 473 (h) Termination for oil, natural gas, and coal companies This section shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2013 . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. 22. Repeal of percentage depletion for coal and hard mineral fossil fuels (a) In general Section 613 (f) Termination with respect to coal and hard mineral fossil fuels In the case of coal, lignite, and oil shale (other than oil shale described in subsection (b)(5)), the allowance for depletion shall be computed without reference to this section for any taxable year beginning after the date of the enactment of the End Polluter Welfare Act of 2013. . (b) Conforming amendments (1) Coal and lignite Section 613(b)(4) coal, lignite, (2) Oil shale Section 613(b)(2) of such Code is amended to read as follows: (2) 15 percent If, from deposits in the United States, gold, silver, copper, and iron ore. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 23. Termination of capital gains treatment for royalties from coal (a) In general Subsection (c) of section 631 (1) by striking coal (including lignite), or iron ore iron ore (2) by striking coal or iron ore iron ore (3) by striking iron ore or coal iron ore (4) by striking coal or (b) Conforming amendment The heading of section 631 , coal, (c) Effective date The amendments made by this section shall apply to dispositions after the date of the enactment of this Act. 24. Modifications of foreign tax credit rules applicable to oil, natural gas, and coal companies which are dual capacity taxpayers (a) In general Section 901 (n) Special rules relating to oil, natural gas, and coal companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued to a foreign country or possession of the United States for any period by a dual capacity taxpayer which is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 25. Increase in oil spill liability trust fund financing rate (a) In general Subparagraph (B) of section 4611(c)(2) (B) the Oil Spill Liability Trust Fund financing rate is— (i) in the case of crude oil received or petroleum products entered before January 1, 2013, 8 cents a barrel, (ii) in the case of crude oil received or petroleum products entered after December 31, 2013, and before January 1, 2017, 9 cents a barrel, and (iii) in the case of crude oil received or petroleum products entered after December 31, 2016, 10 cents a barrel. . (b) Effective date The amendment made by this section shall apply to crude oil received and petroleum products entered after the date of the enactment of this Act. 26. Application of certain environmental taxes to synthetic crude oil (a) In general Paragraph (1) of section 4612(a) (1) Crude oil (A) In general The term crude oil (B) Synthetic crude oil For purposes of subparagraph (A), the term synthetic crude oil . (b) Effective date The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 27. Denial of deduction for removal costs and damages for certain oil spills (a) In general Part IX of subchapter B of chapter 1 280I. Expenses for removal costs and damages relating to certain oil spill liability No deduction shall be allowed under this chapter for any amount paid or incurred with respect to any costs or damages for which the taxpayer is liable under section 1002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2702 . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Expenses for removal costs and damages relating to certain oil spill liability. . (c) Effective date The amendments made by this section shall apply with respect to any liability arising in taxable years ending after the date of the enactment of this Act. 28. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico (a) In general Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 56 Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico Sec. 5901. Imposition of tax. Sec. 5902. Taxable crude oil or natural gas and removal price. Sec. 5903. Special rules and definitions. 5901. Imposition of tax (a) In general In addition to any other tax imposed under this title, there is hereby imposed a tax equal to 13 percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period. (b) Credit for Federal royalties paid (1) In general There shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production. (2) Limitation The aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period. (c) Tax paid by producer The tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas. 5902. Taxable crude oil or natural gas and removal price (a) Taxable crude oil or natural gas For purposes of this chapter, the term taxable crude oil or natural gas (b) Removal price For purposes of this chapter— (1) In general Except as otherwise provided in this subsection, the term removal price (A) in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, and (B) in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold. (2) Sales between related persons In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. (3) Oil or natural gas removed from property before sale If crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (4) Refining begun on property If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property— (A) such oil shall be treated as removed on the day such manufacture or conversion begins, and (B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (5) Property The term property 5903. Special rules and definitions (a) Administrative requirements (1) Withholding and deposit of tax The Secretary shall provide for the withholding and deposit of the tax imposed under section 5901 on a quarterly basis. (2) Records and information Each taxpayer liable for tax under section 5901 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe. (3) Taxable periods; return of tax (A) Taxable period Except as provided by the Secretary, each calendar year shall constitute a taxable period. (B) Returns The Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5901. (b) Definitions For purposes of this chapter— (1) Producer The term producer (2) Crude oil The term crude oil (3) Premises and crude oil product The terms premises crude oil product (c) Adjustment of removal price In determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed. (d) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. . (b) Deductibility of tax The first sentence of section 164(a) is amended by inserting after paragraph (6) the following new paragraph: (7) The tax imposed by section 5901(a) (after application of section 5901(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico. . (c) Clerical amendment The table of chapters for subtitle E is amended by adding at the end the following new item: Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico. . (d) Effective date The amendments made by this section shall apply to crude oil or natural gas removed after December 31, 2013. 29. Powder River Basin (a) Designation of the Powder River Basin as a coal producing region The Director of the Bureau of Land Management shall designate the Powder River Basin as a coal producing region. (b) Report Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Land Management shall submit to Congress a report that includes— (1) a study of the fair market value and the amount of royalties paid on coal leases in the Powder River Basin compared to other national and international coal markets; and (2) any policy recommendations to capture the future market value of the coal leases in the Powder River Basin. 30. Reports (a) Definition of fossil-Fuel-Production subsidy In this section, the term subsidy for fossil-fuel production (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of Energy, shall submit to Congress a report detailing each Federal law (including regulations), other than those amended by this Act, as in effect on the date on which the report is submitted, that includes a subsidy for fossil-fuel production. (c) Report on modified recovery period (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Commissioner of Internal Revenue, shall submit to Congress a report on the applicable recovery period under the accelerated cost recovery system provided in section 168 (2) Elimination of subsidy In the case of any type of property that the Commissioner of Internal Revenue determines is receiving a subsidy for fossil-fuel production under such section 168, for property placed in service in taxable years beginning after the date of such determination, such section 168 shall not apply. The preceding sentence shall not apply to any property with respect to a taxable year unless such determination is published before the first day of such taxable year.

Summary: End Polluter Welfare Act of 2013 - Amends the Outer Continental Shelf Lands Act and the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to reduce or eliminate royalty payments for oil and natural gas leases in the Outer Continental Shelf. Amends the Mineral Leasing Act to increase minimum royalty payments for coal, oil, and natural gas leases. Repeals the program for ultra-deepwater and unconventional natural gas and other petroleum resource exploration and production. Amends the Oil Pollution Act to eliminate the limitation on liability for offshore facilities and pipeline operators for oil spills. Rescinds all unobligated balances made available to the World Bank, the Overseas Private Investment Corporation (OPIC), the Export-Import Bank, the Advanced Research Projects Agency in the Department of Energy (DOE), and other international financing entities to carry out any project that supports fossil fuel (i.e., coal, petroleum, natural gas, or any derivatives used for fuel). Terminates the Office of Fossil Energy Research and Development in DOE and the authority to carry out any of its programs. Amends the Energy Policy Act of 2005 to eliminate from the categories of projects eligible for loan guarantees for innovative technologies: (1) projects involving advanced fossil energy technology, and (2) and crude oil refineries. Prohibits the Secretary of Agriculture from making loans under the Rural Electrification Act of 1936 to carry out projects that will use fossil fuel. Prohibits the use of Department of Transportation (DOT) funds to award any grant or other direct assistance to any rail or port project that transports fossil fuel. Amends the Internal Revenue Code to: (1) limit or repeal provisions allowing tax incentives for investment in fossil fuels, (2) increase the Oil Spill Liability Trust Fund financing rate, and (3) impose a 13% tax on the removal price of any taxable crude oil or natural gas from the Outer Continental Shelf in the Gulf of Mexico. Designates the Powder River Basin in southeast Montana and northeast Wyoming as a coal producing region. Eliminates accelerated depreciation for property that is receiving a subsidy for fossil fuel production.