[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5375 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 5375

       To provide incentives to reduce dependence on foreign oil.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

    Mr. Daniel E. Lungren of California (for himself and Mr. Costa) 
 introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committees on Science and Energy 
    and Commerce, 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 provide incentives to reduce dependence on foreign oil.

    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 ``New Options Petroleum Energy 
Conservation Act of 2006''.

SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM CLIMATE NEUTRAL COMBUSTION 
              PROCESSES.

    (a) In General.--Paragraph (1) of section 45(c) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (G), by striking the period at the end of subparagraph (H) 
and inserting ``, and'', and by adding at the end the following new 
subparagraph:
                    ``(I) any climate neutral combustion resource.''.
    (b) Climate Neutral Combustion Resource.--Subsection (c) of section 
45 of such Code is amended by adding at the end the following new 
paragraph:
            ``(10) Climate neutral combustion resource.--The term 
        `climate neutral combustion resource' means any matter used as 
        a fuel in a qualified facility described in subsection 
        (d)(11).''.
    (c) Climate Neutral Combustion Facility.--Subsection (d) of section 
45 of such Code is amended by adding at the end the following new 
paragraph:
            ``(11) Climate neutral combustion facility.--In the case of 
        a facility which burns climate neutral combustion resources to 
        produce electricity, the term `qualified facility' means any 
        facility which--
                    ``(A) captures the carbon dioxide released during 
                combustion and uses such carbon dioxide to recover 
                hydrocarbon fuel from below ground,
                    ``(B) produces no atmospheric emissions of mercury 
                or greenhouse gases and no emissions that form fine 
                particles, smog, or acid rain, and
                    ``(C) is owned by the taxpayer and originally 
                placed in service after December 31, 2006.''.
    (d) Effective Date.--The amendments made this section shall apply 
to electricity produced and sold after December 31, 2006, in taxable 
years ending after such date.

SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY.

    (a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii) 
of section 48(a) of the Internal Revenue Code of 1986 (relating to 
energy credit) are each amended by striking ``2008'' and inserting 
``2012''.
    (b) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2007, in taxable years ending after 
such date, under rules similar to the rules of section 48(m) of the 
Internal Revenue Code of 1986 (as in effect on the day before the date 
of the enactment of the Revenue Reconciliation Act of 1990).

SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

    (a) In General.--Subsection (g) of section 25D of the Internal 
Revenue Code of 1986 is amended by striking ``2007'' and inserting 
``2011''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2007.

SEC. 5. PRIZE PROGRAM.

    The Secretary of Energy shall establish a program to award a prize 
in the amount of $1,000,000,000 to the first automobile manufacturer 
incorporated in the United States to manufacture and sell in the United 
States 60,000 midsized sedan automobiles which operate on gasoline and 
can travel 100 miles per gallon.

SEC. 6. LITHIUM ION BATTERY TECHNOLOGY.

    There are authorized to be appropriated to the Secretary of Energy 
$30,000,000 for fiscal year 2007 for the development of advanced 
lithium ion battery technology.

SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL, 
              METHANOL, AND BIODIESEL.

    (a) In General.--Part VI of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to itemized deductions for 
individuals and corporations) is amended by inserting after section 
179D the following new section:

``SEC. 179E. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING 
              ETHANOL, METHANOL, AND BIODIESEL.

    ``(a) In General.--A taxpayer may elect to treat the cost of any 
qualified biofuel property as an expense which is not chargeable to 
capital account. Any cost so treated shall be allowed as a deduction 
for the taxable year in which the property is placed in service.
    ``(b) Election.--An election under this section for any taxable 
year shall be made on the taxpayer's return of the tax imposed by this 
chapter for the taxable year. Such election shall be made in such 
manner as the Secretary may by regulations prescribe. Any election made 
under this section may not be revoked except with the consent of the 
Secretary.
    ``(c) Qualified Biofuel Property.--For purposes of this section--
            ``(1) In general.--The term `qualified biofuel property' 
        means any property--
                    ``(A) used for the refining of any biofuel, and
                    ``(B) the original use of which commences with the 
                taxpayer.
            ``(2) Biofuel.--The term `biofuel' means qualified methanol 
        or ethanol fuel (as defined in section 4041(b)(2)(B)) and 
        biodiesel (as defined in section 40A(d)).
    ``(d) Dual Use Property.--In the case of any property which is used 
for the refining of any biofuel and for any other use, the cost of such 
property taken into account under subsection (a) shall be reduced by an 
amount which bears the same ratio to the cost of such property as such 
other uses bears to all uses of such property.
    ``(e) Coordination With 50 Percent Expensing of Refineries.--
Section 179C shall not apply to any property taken into account under 
subsection (a).
    ``(f) Recapture.--Rules similar to the rules of section 179(d)(10) 
shall apply with respect to any property which ceases to be qualified 
biofuel property.''.
    (b) Conforming Amendments.--
            (1) Section 1245(a) of such Code is amended by inserting 
        ``179E,'' after ``179D,'' both places it appears in paragraphs 
        (2)(C) and (3)(C).
            (2) Section 263(a)(1) of such Code is amended by striking 
        ``or'' at the end of subparagraph (J), by striking the period 
        at the end of subparagraph (K) and inserting ``, or'', and by 
        inserting after subparagraph (K) the following new 
        subparagraph:
                    ``(L) expenditures for which a deduction is allowed 
                under section 179E.''.
            (3) Section 312(k)(3)(B) of such Code is amended by 
        striking ``or 179D'' each place it appears in the heading and 
        text and inserting ``179D, or 179E''.
            (4) The table of sections for part VI of subchapter B of 
        chapter 1 of such Code is amended by inserting after the item 
        relating to section 179D the following new item:

``Sec. 179E. Election to expense certain property used in refining 
                            ethanol, methanol, and biodiesel.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
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