[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 601 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 601

   To amend the Internal Revenue Code of 1986 to repeal fossil fuel 
                   subsidies for large oil companies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2011

  Mr. Blumenauer (for himself, Mr. Markey, Mr. Welch, Mr. Polis, Mr. 
Conyers, Mr. Langevin, Ms. Lee of California, Mr. Moran, Mr. Holt, Mr. 
Hinchey, Mr. Grijalva, Mr. George Miller of California, Mr. Stark, Mr. 
  McDermott, Mr. Price of North Carolina, Mrs. Capps, Ms. Pingree of 
    Maine, and Ms. Sutton) 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 repeal fossil fuel 
                   subsidies for large oil companies.

    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 ``End Big Oil Tax Subsidies Act of 
2011''.

SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.

    (a) In General.--Subparagraph (A) of section 167(h)(5) of the 
Internal Revenue Code of 1986 is amended by striking ``major integrated 
oil company'' and inserting ``covered large oil company''.
    (b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of 
such Act is amended by redesignating subparagraph (B) as subparagraph 
(C) and by inserting after subparagraph (A) the following new 
subparagraph:
                    ``(B) Covered large oil company.--For purposes of 
                this paragraph, the term `covered large oil company' 
                means a taxpayer which--
                            ``(i) is a major integrated oil company, or
                            ``(ii) has gross receipts in excess of 
                        $50,000,000 for the taxable year.
                For purposes of clause (ii), all persons treated as a 
                single employer under subsections (a) and (b) of 
                section 52 shall be treated as 1 person.''.
    (c) Conforming Amendment.--The heading for paragraph (5) of section 
167(h) of such Code is amended by inserting ``and other large 
taxpayers''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2011.

SEC. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS.

    (a) In General.--Section 45I of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to credits determined for taxable years beginning after December 
31, 2011.

SEC. 4. ENHANCED OIL RECOVERY CREDIT.

    (a) In General.--Section 43 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2011.

SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL 
              AND GAS WELLS.

    (a) In General.--Subsection (c) of section 263 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
sentence: ``This subsection shall not apply to amounts paid or incurred 
by a taxpayer in any taxable year in which such taxpayer is not a 
small, independent oil and gas company, determined by deeming all 
persons treated as a single employer under subsections (a) and (b) of 
section 52 as 1 person.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or incurred in taxable years beginning after December 
31, 2011.

SEC. 6. PERCENTAGE DEPLETION.

    (a) In General.--Section 613A of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--This section and section 611 shall not 
        apply to any taxpayer which is not a small, independent oil and 
        gas company for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Conforming Amendment.--Section 613A(c)(1) of such Code is 
amended by striking ``subsection (d)'' and inserting ``subsections (d) 
and (f)''.
    (c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 7. TERTIARY INJECTANTS.

    (a) In General.--Section 193 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Exception for qualified carbon dioxide disposed in 
        secure geological storage.--Paragraph (1) shall not apply in 
        the case of any qualified tertiary injectant expense paid or 
        incurred for any tertiary injectant is qualified carbon dioxide 
        (as defined in section 45Q(b)) which is disposed of by the 
        taxpayer in secure geological storage (as defined by section 
        45Q(d)).
            ``(3) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to expenses incurred after December 31, 2011.

SEC. 8. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.

    (a) In General.--Paragraph (3) of section 469(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following:
                    ``(C) Exception for taxpayer who is not small, 
                independent oil and gas company.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to any taxpayer which is not a small, 
                        independent oil and gas company for the taxable 
                        year.
                            ``(ii) Aggregation rule.--For purposes of 
                        clause (i), all persons treated as a single 
                        employer under subsections (a) and (b) of 
                        section 52 shall be treated as 1 person.''.

SEC. 9. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.

    (a) In General.--Section 199 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--Subsection (a) shall not apply to the income derived from 
the production, transportation, or distribution of oil, natural gas, or 
any primary product (within the meaning of subsection (d)(9)) thereof 
by any taxpayer which for the taxable year is an oil and gas company 
which is not a small, independent oil and gas company.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 10. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR 
              INTEGRATED OIL COMPANIES.

    (a) In General.--Section 472 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(h) Major Integrated Oil Companies.--Notwithstanding any other 
provision of this section, a major integrated oil company (as defined 
in section 167(h)) may not use the method provided in subsection (b) in 
inventorying of any goods.''.
    (b) Effective Date and Special Rule.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to taxable years beginning after December 31, 2011.
            (2) Change in method of accounting.--In the case of any 
        taxpayer required by the amendment made by this section to 
        change its method of accounting for its first taxable year 
        beginning after the date of the enactment of this Act--
                    (A) such change shall be treated as initiated by 
                the taxpayer,
                    (B) such change shall be treated as made with the 
                consent of the Secretary of the Treasury, and
                    (C) the net amount of the adjustments required to 
                be taken into account by the taxpayer under section 481 
                of the Internal Revenue Code of 1986 shall be taken 
                into account ratably over a period (not greater than 8 
                taxable years) beginning with such first taxable year.

SEC. 11. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL 
              CAPACITY TAXPAYERS.

    (a) In General.--Section 901 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (n) as subsection (o) and by 
inserting after subsection (m) the following new subsection:
    ``(n) Special Rules Relating to Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this chapter, any amount paid or accrued by a dual capacity 
        taxpayer to a foreign country or possession of the United 
        States for any period with respect to combined foreign oil and 
        gas income (as defined in section 907(b)(1)) shall not be 
        considered a tax to the extent such amount exceeds the amount 
        (determined in accordance with regulations) which would have 
        been required to be paid if the taxpayer were not a dual 
        capacity taxpayer.
            ``(2) Dual capacity taxpayer.--For purposes of this 
        subsection, the term `dual capacity taxpayer' means, with 
        respect to any foreign country or possession of the United 
        States, a person who--
                    ``(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.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxes paid or accrued in taxable years beginning after 
        December 31, 2011.
            (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.
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