[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2223 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2223

  To amend the Internal Revenue Code of 1986 to extend and modify the 
 section 45 credit for refined coal from steel industry fuel, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2011

 Mr. Gerlach (for himself, Mr. Doyle, Mr. Murphy of Pennsylvania, Mr. 
  Shuster, Mrs. Capito, Mr. Holden, and Mr. McKinley) 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 extend and modify the 
 section 45 credit for refined coal from steel industry fuel, and for 
                            other purposes.

    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 ``Steel Industry Support Act of 
2011''.

SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR STEEL INDUSTRY FUEL.

    (a) Credit Period.--
            (1) In general.--Subclause (II) of section 45(e)(8)(D)(ii) 
        of the Internal Revenue Code of 1986 is amended to read as 
        follows:
                                    ``(II) Credit period.--In lieu of 
                                the 10-year period referred to in 
                                clauses (i) and (ii)(II) of 
                                subparagraph (A), the credit period 
                                shall be the period beginning on the 
                                date that the facility first produces 
                                steel industry fuel that is sold to an 
                                unrelated person after September 30, 
                                2008, and ending 10 years after such 
                                date.''.
            (2) Conforming amendment.--Section 45(e)(8)(D) of such Code 
        is amended by striking clause (iii) and by redesignating clause 
        (iv) as clause (iii).
    (b) Extension of Placed-in-Service Date.--Subparagraph (A) of 
section 45(d)(8) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``(or any modification to a facility)''; 
        and
            (2) by striking ``January 1, 2010'' and inserting ``July 1, 
        2012''.
    (c) Clarifications.--
            (1) Steel industry fuel.--Subclause (I) of section 
        45(c)(7)(C)(i) of the Internal Revenue Code of 1986 is amended 
        by inserting ``, a blend of coal and petroleum coke, or other 
        coke feedstock'' after ``on coal''.
            (2) Ownership interest.--Section 45(d)(8) of such Code is 
        amended by adding at the end the following new flush sentence:
        ``With respect to a facility producing steel industry fuel, no 
        person (including a ground lessor, customer, supplier, or 
        technology licensor) shall be treated as having an ownership 
        interest in the facility or as otherwise entitled to the credit 
        allowable under this section with respect to such facility if 
        such person's rent, license fee, or other entitlement to net 
        payments from the owner of such facility is measured by a fixed 
        dollar amount or a fixed amount per ton, or otherwise 
        determined without regard to the profit or loss of such 
        facility.''.
            (3) Production and sale.--Subparagraph (D) of section 
        45(e)(8) of such Code, as amended by subsection (a)(2), is 
        amended by redesignating clause (iii) as clause (iv) and by 
        inserting after clause (ii) the following new clause:
                            ``(iii) Production and sale.--The owner of 
                        a facility producing steel industry fuel shall 
                        be treated as producing and selling steel 
                        industry fuel where that owner manufactures 
                        such steel industry fuel from coal, a blend of 
                        coal and petroleum coke, or other coke 
                        feedstock to which it has title. The sale of 
                        such steel industry fuel by the owner of the 
                        facility to a person who is not the owner of 
                        the facility shall not fail to qualify as a 
                        sale to an unrelated person solely because such 
                        purchaser may also be a ground lessor, 
                        supplier, or customer.''.
    (d) Specified Credit for Purposes of Alternative Minimum Tax 
Exclusion.--Subclause (II) of section 38(c)(4)(B)(iii) of the Internal 
Revenue Code of 1986 is amended by inserting ``(in the case of a 
refined coal production facility producing steel industry fuel, during 
the credit period set forth in section 45(e)(8)(D)(ii)(II))'' after 
``service''.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), and (d) shall apply to fuel produced and sold after 
        September 30, 2008.
            (2) Clarifications.--The amendments made by subsection (c) 
        shall take effect as if included in the amendments made by the 
        Energy Improvement and Extension Act of 2008.
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