[Congressional Record Volume 157, Number 67 (Monday, May 16, 2011)]
[Senate]
[Pages S3001-S3002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BIG OIL SUBSIDIES
Mr. MERKLEY. Mr. President, I rise to speak to S. 940. Tomorrow
evening, we are going to have a vote on whether to proceed to debate
this bill, which closes oil and gas tax loopholes, thereby raising a
significant amount of additional revenue for important projects in the
United States of America.
I rise in favor of this motion tomorrow because if we have a
successful vote tomorrow evening, we will finally get to debate this
issue of whether we should continue to have massive tax giveaways to
the most profitable companies in America.
Gas is at $4 a gallon. Every American is going to the pump, and they
are finding that, once again, the total toll as they fill up their 15-
gallon tank in their car is well over $50 and can hit $60. That is a
huge chunk out of my family budget, once or twice a week. It diminishes
what is available to be spent for other core expenses to the families.
Indeed, that $4 a gallon at the gas pump is raiding Americans'
pocketbooks.
Americans do not also need to be subsidizing the same highly
profitable oil companies through their paychecks, through tax
loopholes. Make no question, the companies are highly profitable. Oil
is now $100 a barrel. So the companies are able to sell oil that costs
no more to produce today than it did 1 month ago, no more to produce
today than it did 3 months ago, when oil was much lower, no more
expensive to produce today than 1 year ago, when it was $3 a gallon.
So oil companies are experiencing enormous profits. The final
quarterly filings by ConocoPhillips, $3 billion in profits--this is
just quarterly, over 3 months--BP, $7.1 billion in profits; Exxon,
$10.7 billion in profits.
That $10.7 billion equates to $5 million an hour every hour, day and
night, throughout the week, throughout the weekend, through the entire
quarter--$5 million per hour.
I think, if you have an ounce of common sense, then you will
recognize if you are making $5 million per hour, you do not need
taxpayer subsidies to stay afloat.
These subsidies come in many forms.
The first is the domestic manufacturing deduction for oil and gas.
This allows you to deduct a specified percentage--6 percent--of your
qualified domestic production income. So it is not just that you get to
deduct expenses, you also get to deduct income as if it was a business
expense.
Wouldn't all of us, when we are filing our taxes, like to deduct our
income as an expense and, thereby, drastically cut our tax bill? Well,
it is a sweet deal for big oil.
Then they have the ability to expense intangible drilling costs. The
basic notion is that when you have equipment that is necessary for the
success of a company, then you depreciate that equipment over the life
of the equipment. If it is equipment that lasts 5 years, you expense it
over 5 years. These are things, for the oil industry, such as derricks
and tanks and pipelines and other physical structures. But this allows
the companies to take that deduction of the entire expense immediately,
not expense it over the life of the capital equipment like everyone
else. So it is another sweet deal.
The third is a special deduction called the tertiary injection cost
deduction. It comes in the form of a tax credit. A tax credit is much
more valuable than a tax deduction because it is a dollar-for-dollar
deduction in the taxes you owe. This is for employing enhanced oil
recovery methods--methods that are to the benefit of an oil company
because they get a lot more oil out of an oilfield if they employ wise
stewardship of that field. So they have an incentive to do this anyway,
but we are giving this huge bonus credit. That is a sweet deal. That is
sweet deal No. 3.
Then you have the dual capacity taxpayer credit. This one you almost
cannot believe is real because dollar-for-dollar, we, the taxpayers in
America, reimburse the oil companies for the taxes they pay overseas.
Well, quite frankly, it is America subsidizing the foreign taxes. So
oil companies just pass through. It certainly is an incentive for the
foreign governments to tax the oil companies extremely heavily because
they get it all back from America. It is also proven incentive for
companies to call royalties a foreign income tax so they get reimbursed
for their royalties as well.
As proposed, changing this will reduce the deficit by $429 million in
fiscal year 2012 and $6.5 billion in fiscal year 2021. That is the
fourth sweet deal.
The fifth is the percentage depletion deduction. Firms that extract
oil or gas are permitted to deduct 15 percent of the sales to recover
their capital investment in oil and gas reserves. They get to, again,
deduct their sales, essentially in a situation as if they are an
expense. That is sweet deal No. 5. In that case, often the value of
that deduction exceeds the value of the original capital investment by
the company. They get more than compensated.
Then, No. 6: royalty relief for deepwater Outer Continental Shelf
production. The Department of the Interior must allow companies doing
certain types of drilling on the Outer Continental Shelf--deepwater
drilling and deep wells in shallow water--it allows them to not pay
royalties on a certain minimum volume of production. Royalty relief is
a great benefit to the oil companies and comes at great cost to the
American Treasury. That is sweet deal No. 6.
This world in which companies have had, over the years, inserted
various provisions--making a very strong case for each one at the time
of why this was necessary, that was necessary--amounts to an enormous
tax bill. This bill that takes and modifies these provisions for the
top five companies that have the largest profits would produce about $2
billion in savings from closing these six tax loopholes.
The question we all need to ask ourselves is: Can that $2 billion per
year be put to better work than subsidizing companies that are making
enormous profits at the pump? One possibility is that $2 billion could
go toward decreasing our deficit. A lot of folks on the floor of the
Senate talk about how important that is. Which is more important,
giveaways to the most profitable
[[Page S3002]]
companies or reductions in the national deficit?
How about creating jobs? We have constantly been trying to get a bill
to this floor that provides low-cost loans for energy saving
renovations. It is considered the most powerful job creator dollar-for-
dollar of any idea that has been put forward. It is in the form of HOME
Star, which provides low-cost energy saving loans to families, and they
can pay them back from the savings in energy. So it is a win-win for
the family, and it puts people to work in America in a construction
industry that is 50 percent unemployed.
How about Building Star? It does the same thing on commercial
buildings. How about Rural Star Energy, the bill that provides these
low-cost loans through rural co-ops, so rural America can benefit from
energy savings and can pay back these low-cost loans from the savings
on their monthly utility bills.
The reason this creates so many jobs is because not only can you not
outsource overseas the jobs themselves for the construction work that
is done, but almost every single thing that is used in the energy
saving economy--from the insulation, to the caulk, to the double-paned
windows--is made here in America. That is why you get so much
tremendous leverage. You put the American construction industry to work
and you utilize American products.
Maybe it is more important to create jobs than it is to give away $2
billion a year to the most profitable five oil companies in America.
Maybe it is important to shore up Medicare. Some of my colleagues have
talked about they want to dismantle Medicare. They want to turn it into
a voucher program, where the voucher would not increase as medical
costs increase, so that slowly Medicare would be wiped out as the
ability to provide health care for our seniors. Maybe it is more
important to provide a strong Medicare Program than it is to give away
$2 billion a year to the most profitable five oil companies in America.
Maybe it is more important to enable our children to get loans to go
to college. We are becoming the first generation of adults whose
children are getting less education than we have because the cost of
tuition has gone up disproportionately to the income of a working
family. The more tuition goes up, in comparison, the more our students
have to wrestle with whether they can afford to go to college and, if
they go, whether they need to drop out after the first year in order to
go back to work in order to save to go the second year. When students
leave college in that situation, they do not often get back.
Maybe it is more important that we proceed to help American
students--our children--go to college than to give away $2 billion to
the five most profitable oil companies in America.
Tomorrow, we are going to have a vote. The vote is simply whether
this is important enough to debate, whether it is important enough for
us to come together as a Chamber and say it matters whether tax
loopholes were carved out through special interest lobbying over the
past 20 years in order to get very sweet deals when they serve no basic
core purpose in the American economy. We need to have that debate. I
wish to encourage my colleagues across the aisle to vote yes tomorrow,
to vote yes on a motion to proceed, so we can get to the bill and have
that debate.
Under the rules that have been established, we need 60 votes;
otherwise, my colleagues across the aisle threaten to filibuster, that
they are going to do a silent filibuster, blocking the ability of this
Chamber to have a debate. Let me tell you, this needs to be debated.
Fiscal responsibility needs to be debated. These tax giveaways need
to be debated. The tradeoffs between assisting our students and tax
giveaways need to be debated. The tradeoff between reducing the deficit
and these giveaways needs to be debated. The contrast and comparison
between shoring up programs that provide health care to our seniors and
these giveaways need to be debated.
I encourage my colleagues: Do not shy from your responsibility to
wrestle with difficult challenges. Come and vote yes tomorrow evening
on proceeding to debating the giveaways to the five most profitable oil
companies in America so we can consider whether those funds will be
better serving American citizens by reducing the deficit or by
providing core programs.
Thank you, Mr. President.
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