I 117th CONGRESS 2d Session H. R. 8737 IN THE HOUSE OF REPRESENTATIVES August 19, 2022 Ms. Porter (for herself and Mr. Grijalva ) 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 deny deductions for marketing related to the extraction, distribution, or consumption of fossil fuels.

1. Short title This Act may be cited as the End Subsidies for Fossil Fuel Advertising Act . 2. Denial of deduction for marketing related to extraction, distribution, or consumption of fossil fuels (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Marketing related to extraction, distribution, or consumption of fossil fuels (a) In general In the case of any covered person, no deduction shall be allowed under this chapter with respect to any amount paid or incurred for any of the following if such amount is so paid or incurred for purposes of promoting extraction, exploration, or consumption of fossil fuels or for the purposes of promoting the covered person or a trade or business of the covered person (or any activity described in subsection (b) with respect to any fossil fuel): (1) Marketing expenses. (2) Travel expenses (including meals and lodging). (3) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation, or the use of a facility in connection with providing such goods and services. (4) Gifts. (5) Other promotion expenses. (6) Any other development, production or placement (including any form of transmission, broadcast, publication, display, or distribution) of any communication to the general public (or portions thereof) which is intended to promote the covered person or a trade or business of the covered person (or any service, facility, or product provided pursuant to such trade or business). (b) Covered person For purposes of this section, the term covered person means— (1) any person involved in the manufacturing, production, extraction, refining, transportation, distribution, or marketing of any fossil fuel, including any person involved in— (A) providing support activities for the production or extraction of fossil fuels, or (B) the sale (whether wholesale or retail) of fossil fuels, and (2) any person involved in electric power generation, transmission, or distribution (with respect to electricity generated from any fossil fuel). (c) Marketing For purposes of this section, the term marketing means any advertising or marketing technique, including— (1) any sponsorship, endorsement, or product placement, (2) any promotional items or loyalty programs, (3) any licensing, cobranding, or cross-promotions, (4) in-school advertising including corporate-branded materials, corporate incentive programs, fundraisers, signs, scoreboards, posters, in-school TV and radio, corporate sponsorships, curriculum development, sponsored educational materials, and market research activities, and (5) sponsorship of events, competitions, conferences, and contests. (d) Fossil fuel For purposes of this section, the term fossil fuel means coal, petroleum, natural gas, natural gas liquids, or any derivative or byproduct of coal, petroleum, natural gas, or natural gas liquids that can be used for energy or energy applications. (e) Derivative For purposes of this section, the term ‘derivative’ means gasoline, diesel fuel, jet fuel, home heating oil, natural gas, blue hydrogen, or any other product derived from the refining or production of fossil fuels for the purposes of energy production or support for energy production or energy generation. (f) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary, after consultation with the Chair of the Federal Trade Commission, the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 280I. Marketing related to extraction, distribution, or consumption of fossil fuels. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.