[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6417 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6417

 To repeal tax subsidies enacted by the Energy Policy Act of 2005 for 
  oil and gas and certain other oil and gas subsidies in the Internal 
   Revenue Code of 1986, and to establish a greenhouse gas intensity 
                    reduction investment tax credit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2006

  Mr. Meehan introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL



 To repeal tax subsidies enacted by the Energy Policy Act of 2005 for 
  oil and gas and certain other oil and gas subsidies in the Internal 
   Revenue Code of 1986, and to establish a greenhouse gas intensity 
                    reduction investment tax credit.

    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 ``Climate Change Investment Act of 
2006''.

SEC. 2. REPEAL OF TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY.

    (a) Repeal of Election To Expense Certain Refineries.--
            (1) Subparagraph (B) of section 179C(c)(2) of the Internal 
        Revenue Code of 1986 is amended by striking ``January 1, 2012'' 
        and inserting ``the date of the enactment of the Climate Change 
        Investment Act of 2006''.
            (2) Paragraph (2) of section 179C(c) of such Code is 
        amended by striking ``January 1, 2008'' each place it appears 
        and inserting ``the date of the enactment of the Climate Change 
        Investment Act of 2006''.
    (b) Repeal of Amortization of Geological and Geophysical 
Expenditures.--Subsection (h) of section 167 of such Code is amended by 
adding at the end the following new paragraph:
            ``(5) Termination.--This subsection shall not apply to any 
        expenses paid or incurred in any taxable year beginning after 
        the date of the enactment of this Act.''.
    (c) Repeal of Enhanced Oil Recovery Credit.--Section 43 of such 
Code (relating to enhanced oil recovery credit) is amended by adding at 
the end the following new subsection:
    ``(f) Termination.--This section shall not apply to taxable years 
beginning after the date of the enactment of this subsection.''.
    (d) Repeal of Credit for Production of Low Sulfur Diesel Fuel.--
Section 45H of such Code (relating to credit for production of low 
sulfur diesel fuel) is amended by adding at the end the following new 
subsection:
    ``(h) Termination.--This section shall not apply to taxable years 
beginning after the date of the enactment of this subsection.''.
    (e) Repeal of Credit for Producing Fuel From a Nonconventional 
Source.--Subpart D of part IV of subchapter A of chapter 1 of such Code 
is amended by striking section 45K (relating to credit for producing 
fuel from a nonconventional source).
    (f) Repeal of Deduction for Capital Costs Incurred in Complying 
With Environmental Protection Agency Sulfur Regulations.--Section 179B 
of such Code (relating to deduction for capital costs incurred in 
complying with Environmental Protection Agency sulfur regulations) is 
amended by adding at the end the following new subsection:
    ``(f) Termination.--This section shall not apply to taxable years 
beginning after the date of the enactment of this subsection.''.
    (g) Repeal of Certain Intangible Drilling and Development Costs.--
Subsection (c) of section 263 of such Code (relating to intangible 
drilling and development costs in the case of oil and gas wells and 
geothermal wells) is amended by adding at the end the following new 
sentence: ``This subsection shall not apply to costs incurred after the 
date of the enactment of this sentence with respect to any oil or gas 
well.''.
    (h) Repeal of Certain Oil and Gas Provisions.--
            (1) In general.--Part I of subchapter I of chapter 1 of 
        such Code (relating to deductions) is amended by adding at the 
        end the following new section:

``SEC. 618. OIL AND GAS LIMITATION.

    ``This part shall not apply with respect to any expenditure which 
relates to any oil or gas well and which is paid or incurred after the 
date of the enactment of this section.''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter I of chapter 1 of such Code is amended by adding 
        at the end the following new item:

``Sec. 618. Oil and gas limitation.''.
    (i) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Repeal of credit for producing fuel from a 
        nonconventional source.--The amendment made by subsection (e) 
        shall apply with respect to fuels sold or produced after the 
        date of the enactment of this Act.

SEC. 3. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
(relating to business-related credits) is amended by adding at the end 
the following new section:

``SEC. 45N. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT CREDIT.

    ``(a) Allowance of Credit.--
            ``(1) In general.--For purposes of section 38, in the case 
        of a taxpayer's investment in a greenhouse gas intensity 
        reduction project approved by the Secretary of Energy, the 
        greenhouse gas intensity reduction investment credit determined 
        under this section for the taxable year is an amount equal to--
                    ``(A) the percentage reduction in greenhouse gas 
                intensity certified for such project for such year by 
                the Secretary of Energy, multiplied by
                    ``(B) the investment in such project during such 
                year which is attributable, directly or indirectly, to 
                the taxpayer, as determined by the Secretary of Energy.
            ``(2) Aggregate dollar limitation.--The credit determined 
        under paragraph (1) for any taxable year, when added to any 
        credit allowed to the taxpayer with respect to the such project 
        in any preceding taxable year, shall not exceed 50 percent of 
        the investment attributable to the taxpayer with respect to 
        such project through such taxable year.
    ``(b) Limitation on Aggregate Credit Allowable.--
            ``(1) In general.--The amount of the greenhouse gas 
        intensity reduction investment credit determined under 
        subsection (a) for any project, when added to all such credits 
        allowed to all taxpayers with respect to the such project shall 
        not exceed the credit dollar amount allocated to such project 
        under this subsection by the Secretary of Energy from the 
        greenhouse gas intensity reduction investment credit limitation 
        for the calendar year in which such allocation is made.
            ``(2) Time for making allocation.--An allocation shall be 
        taken into account under paragraph (1) only if it is made not 
        later than the close of the calendar year in which the 
        greenhouse gas intensity reduction project proposal with 
        respect to such project is approved by the Secretary of Energy.
            ``(3) Overall limitation on aggregate credit allowable.--
        The Secretary of Energy may allocate the aggregate credit 
        dollar amount to any such project for a period not to exceed a 
        10-year period beginning with the calendar year described in 
        paragraph (2).
    ``(c) Limitation on Amount of Credits Allocated.--
            ``(1) In general.--There is a greenhouse gas intensity 
        reduction investment credit limitation amount for each calendar 
        year. Except as provided in paragraph (2), such limitation 
        amount is $600,000,000 for each of calendar years 2008 through 
        2012, and zero thereafter.
            ``(2) Carryover of unused issuance limitation.--If for any 
        calendar year the limitation amount imposed by paragraph (1) 
        exceeds the amount of greenhouse gas intensity reduction 
        investment credits allocated during such year, such excess 
        shall be carried forward to the succeeding calendar year as an 
        addition to the limitation imposed by paragraph (1).
    ``(d) Greenhouse Gas Intensity Reduction Project; Greenhouse Gas 
Intensity.--For purposes of this section--
            ``(1) Greenhouse gas intensity reduction project.--The term 
        `greenhouse gas intensity reduction project' means any project 
        approved under this section by the Secretary of Energy. Such 
        approval shall be based on the following criteria:
                    ``(A) The extent of the reduction in greenhouse gas 
                intensity proposed for the project.
                    ``(B) Improvements in system efficiency.
                    ``(C) In the case of projects located outside the 
                United States, the extent of technology transfer.
                    ``(D) The existence and nature of agreements for 
                sharing project benefits and liability between the 
                taxpayer and any host government.
            ``(2) Greenhouse gas intensity.--The greenhouse gas 
        intensity for any period is equal to the volume of emissions 
        divided by the economic activity associated with a project.
    ``(e) Recapture of Credit in Certain Cases.--
            ``(1) In general.--If, at any time during the 20-year 
        period of a greenhouse gas intensity reduction project, there 
        is a recapture event with respect to such project, then the tax 
        imposed by this chapter for the taxable year in which such 
        event occurs shall be increased by the credit recapture amount.
            ``(2) Credit recapture amount.--For purposes of paragraph 
        (1)--
                    ``(A) In general.--The credit recapture amount is 
                an amount equal to the recapture percentage of all 
                greenhouse gas intensity reduction investment credits 
                previously allowable to a taxpayer with respect to any 
                investment in such project that is attributable to such 
                taxpayer.
                    ``(B) Recapture percentage.--The recapture 
                percentage shall be 100 percent if the recapture event 
                occurs during the first 5 years of the project, 75 
                percent if the recapture event occurs during the second 
                5 years of the project, 50 percent if the recapture 
                event occurs during the third 5 years of the project, 
                25 percent if the recapture event occurs during the 
                fourth 5 years of the project, and 0 percent if the 
                recapture event occurs at any time after the 20th year 
                of the project.
            ``(3) Recapture event.--For purposes of paragraph (1), 
        there is a recapture event with respect to a greenhouse gas 
        intensity reduction project if--
                    ``(A) the taxpayer violates a term or condition of 
                the approval of the project by the Secretary of Energy 
                at any time,
                    ``(B) the taxpayer adopts a practice which the 
                Secretary of Energy has specified in its approval of 
                the project as a practice which would tend to defeat 
                the purposes of the program, or
                    ``(C) the taxpayer disposes of any ownership 
                interest arising out of its investment that the 
                Secretary of Energy has determined is attributable to 
                the project, unless the Secretary of Energy determines 
                that such disposition will not have any adverse effect 
                on the greenhouse gas intensity reduction project.
        If an event which otherwise would be a recapture event is 
        outside the control of the taxpayer, as determined by the 
        Secretary of Energy, such event shall not be treated as a 
        recapture event with respect to such taxpayer.
            ``(4) Special rules.--
                    ``(A) Tax benefit rule.--The tax for the taxable 
                year shall be increased under paragraph (1) only with 
                respect to credits allowed by reason of this section 
                which were used to reduce tax liability. In the case of 
                credits not so used to reduce tax liability, the 
                carryforwards and carrybacks under section 39 shall be 
                appropriately adjusted.
                    ``(B) No credits against tax.--Any increase in tax 
                under this subsection shall not be treated as a tax 
                imposed by this chapter for purposes of determining the 
                amount of any credit under this chapter or for purposes 
                of section 55.
    ``(f) Disallowance of Double Benefit.--
            ``(1) Basis reduction.--The basis of any investment in a 
        greenhouse gas intensity reduction project shall be reduced by 
        the amount of any credit determined under this section with 
        respect to such investment.
            ``(2) Charitable deduction disallowed.--No deduction shall 
        be allowed to a taxpayer under section 170 with respect to any 
        contribution which the Secretary of Energy certifies to the 
        Secretary of the Treasury constitutes an investment in a 
        greenhouse gas intensity reduction project that is attributable 
        to such taxpayer.
    ``(g) Certification to Treasury.--The Secretary of Energy shall 
certify to the Secretary of the Treasury before January 31 of each year 
with respect to each taxpayer which has made an investment in a 
greenhouse gas intensity reduction project--
            ``(1) the amount of the greenhouse gas intensity reduction 
        investment credit allowable to such taxpayer for the preceding 
        calendar year,
            ``(2) whether a recapture event occurred with respect to 
        such taxpayer during the preceding calendar year, and
            ``(3) the credit recapture amount, if any, with respect to 
        such taxpayer for the preceding calendar year.
    ``(h) Regulations.--The Secretary of the Treasury shall prescribe 
such regulations as may be appropriate to carry out this section, 
including regulations--
            ``(1) which limit the credit for investments which are 
        directly or indirectly subsidized by other Federal benefits,
            ``(2) which prevent the abuse of the provisions of this 
        section through the use of related parties, and
            ``(3) which impose appropriate reporting requirements.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 is amended by striking ``and'' at the end of paragraph (29), 
by striking the period at the end of paragraph (30) and inserting ``, 
and'', and by adding at the end the following new paragraph:
            ``(31) the greenhouse gas intensity reduction investment 
        credit determined under section 45N(a).''.
    (c) Deduction for Unused Credit.--Subsection (c) of section 196 is 
amended by striking ``and'' at the end of paragraph (12), by striking 
the period at the end of paragraph (13) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(14) the greenhouse gas intensity reduction investment 
        credit determined under section 45N(a).''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 45N. Greenhouse gas intensity reduction investment credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to investments made after December 31, 2007.
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