text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Pain at the Pump Act''.
  
      TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES
  
  SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT.
  
      (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
  of the Internal Revenue Code of 1986 is amended by striking section 43 
  (and the table of sections of such subpart is amended by striking the 
  item relating to such section).
      (b) Conforming Amendments.--
              (1) Subsection (b) of section 38 of such Code is amended by 
          striking paragraph (6) and redesignating paragraphs (7) through 
          (36) as paragraphs (6) through (35), respectively.
              (2) Paragraph (7) of section 45Q(d) of such Code is amended 
          to read as follows:
              ``(7) Inflation adjustment.--
                      ``(A) In general.--In the case of any taxable year 
                  beginning in a calendar year after 2009, there shall be 
                  substituted for each dollar amount contained in 
                  subsection (a) an amount equal to the product of--
                              ``(i) such dollar amount, multiplied by
                              ``(ii) the inflation adjustment factor for 
                          such calendar year.
                      ``(B) Inflation adjustment factor.--The term 
                  `inflation adjustment factor' means, with respect to 
                  any calendar year, a fraction the numerator of which is 
                  the GNP implicit price deflator for the preceding 
                  calendar year and the denominator of which is the GNP 
                  implicit price deflator for 2008. For purposes of the 
                  preceding sentence, the term `GNP implicit price 
                  deflator' means the first revision of the implicit 
                  price deflator for the gross national product as 
                  computed and published by the Secretary of Commerce. 
                  Not later than April 1 of any calendar year, the 
                  Secretary shall publish the inflation adjustment factor 
                  for the preceding calendar year.''.
              (3) Subsection (c) of section 196 of such Code is amended 
          by striking paragraph (5) and redesignating paragraphs (6) 
          through (14) as paragraphs (5) through (13), respectively.
      (c) Effective Date.--
              (1) In general.--Except as otherwise provided in this 
          subsection, the amendments made by this section shall apply to 
          taxable years beginning after December 31, 2011.
              (2) Continuation of basis reductions.--Paragraph (2) of 
          section 43(d) of the Internal Revenue Code of 1986 (as in 
          effect before its repeal by this section) shall continue to 
          apply with respect to credits determined for taxable years 
          beginning on or before December 31, 2011.
  
  SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
                WELLS.
  
      (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
  of the Internal Revenue Code of 1986 is amended by striking section 45I 
  (and the table of sections of such subpart is amended by striking the 
  item relating to such section).
      (b) Conforming Amendment.--Subsection (b) of section 38 of such 
  Code, as amended by section 101, is amended by striking paragraph (18) 
  and redesignating paragraphs (19) through (35) as paragraphs (18) 
  through (34), respectively.
      (c) Effective Date.--The amendments made by this section shall 
  apply to taxable years beginning after December 31, 2011.
  
  SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT 
                COSTS.
  
      (a) In General.--Section 263 of the Internal Revenue Code of 1986 
  is amended by striking subsection (c).
      (b) Effective Date.--The amendment made by this section shall apply 
  to taxable years beginning after December 31, 2011.
  
  SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS.
  
      (a) In General.--Part VI of subchapter B of chapter 1 of the 
  Internal Revenue Code of 1986 is amended by striking section 193 (and 
  the table of sections of such subpart is amended by striking the item 
  relating to such section).
      (b) Effective Date.--The amendments made by this section shall 
  apply to taxable years beginning after December 31, 2011.
  
  SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING 
                INTERESTS IN OIL AND GAS PROPERTIES.
  
      (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 new 
  subparagraph:
                      ``(C) Termination.--Subparagraph (A) shall not 
                  apply with respect to any taxable year beginning after 
                  the date of the enactment of this Act.''.
      (b) Effective Date.--The amendment made by this section shall apply 
  to taxable years beginning after December 31, 2011.
  
  SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.
  
      (a) In General.--Part I of subchapter I of chapter 1 of the 
  Internal Revenue Code of 1986 is amended by striking section 613A (and 
  the table of sections of such part is amended by striking the item 
  relating to such section).
      (b) Conforming Amendments.--
              (1) Subsection (d) of section 45H of such Code is amended--
                      (A) by striking ``For purposes this section'' and 
                  inserting the following:
              ``(1) In general.--For purposes of this section'',
                      (B) by striking ``(within the meaning of section 
                  613A(d)(3))'', and
                      (C) by adding at the end the following new 
                  paragraph:
              ``(2) Related person.--For purposes of this subsection, a 
          person is a related person with respect to the taxpayer if a 
          significant ownership interest in either the taxpayer or such 
          person is held by the other, or if a third person has a 
          significant ownership interest in both the taxpayer and such 
          person. For purposes of the preceding sentence, the term 
          `significant ownership interest' means--
                      ``(A) with respect to any corporation, 5 percent or 
                  more in value of the outstanding stock of such 
                  corporation,
                      ``(B) with respect to a partnership, 5 percent or 
                  more interest in the profits or capital of such 
                  partnership, and
                      ``(C) with respect to an estate or trust, 5 percent 
                  or more of the beneficial interests in such estate or 
                  trust.
          For purposes of determining a significant ownership interest, 
          an interest owned by or for a corporation, partnership, trust, 
          or estate shall be considered as owned directly both by itself 
          and proportionately by its shareholders, partners, or 
          beneficiaries, as the case may be.''.
              (2) Subparagraph (F) of section 56(g)(4) of such Code is 
          amended to read as follows:
                      ``(F) Depletion.--The allowance for depletion with 
                  respect to any property placed in service in a taxable 
                  year beginning after December 31, 1989, shall be cost 
                  depletion determined under section 611.''.
              (3) Paragraph (1) of section 57(a) of such Code is amended 
          by striking the last sentence.
              (4) Paragraph (4) of section 291(b) of such Code is amended 
          by adding at the end the following: ``Any reference in the 
          preceding sentence to section 613A shall be treated as a 
          reference to such section as in effect prior to the date of the 
          enactment of the Pain at the Pump Act.''.
              (5) Subsection (d) of section 613 of such Code is amended 
          by striking ``Except as provided in section 613A, in the case 
          of'' and inserting ``In the case of''.
              (6) Subsection (e) of section 613 of such Code is amended--
                      (A) by striking ``or section 613A'' in paragraph 
                  (2), and
                      (B) by striking ``any amount described in section 
                  613A(d)(5)'' in paragraph (3) and inserting ``any lease 
                  bonus, advance royalty, or other amount payable without 
                  regard to production from property''.
              (7) Subsection (a) of section 705 of such Code is amended--
                      (A) by inserting ``and'' at the end of paragraph 
                  (1)(C),
                      (B) by striking ``; and'' at the end of paragraph 
                  (2)(B) and inserting a period, and
                      (C) by striking paragraph (3).
              (8) Section 776 of such Code is amended by striking 
          subsection (a) and by redesignating subsection (b) as 
          subsection (a).
              (9) Subparagraph (D) of section 954(g)(2) of such Code is 
          amended by inserting ``(as in effect before the date of the 
          enactment of the Pain at the Pump Act)'' after ``section 
          613A''.
              (10) Subparagraph (C) of section 993(c)(2) of such Code is 
          amended by striking ``section 613 or 613A'' and inserting 
          ``section 613 (determined without regard to subsection (d) 
          thereof)''.
              (11) Subparagraph (D) of section 1202(e)(3) of such Code is 
          amended by striking ``section 613 or 613A'' and inserting 
          ``section 613 (determined without regard to subsection (d) 
          thereof)''.
              (12) Paragraph (2) of section 1367(a) of such Code is 
          amended by inserting ``and'' at the end of subparagraph (C), by 
          striking ``, and'' at the end of subparagraph (D) and inserting 
          a period, and by striking subparagraph (E).
              (13) Subsection (c) of section 1446 of such Code is amended 
          by striking paragraph (2) and by redesignating paragraph (3) as 
          paragraph (2).
      (c) Effective Date.--The amendments made by this section shall 
  apply to property placed in service after December 31, 2011.
  
  SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION 
                ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS 
                ACTIVITIES.
  
      (a) In General.--Subparagraph (B) of section 199(c)(4) of the 
  Internal Revenue Code of 1986 is amended by striking ``and'' at the end 
  of clause (ii), by striking the period at the end of clause (iii) and 
  inserting ``, and'', and by inserting after clause (iii) the following 
  new clause:
                              ``(iv) the production, refining, 
                          processing, transportation, or distribution of 
                          oil, gas, or any primary product thereof.''.
      (b) Conforming Amendment.--Subsection (d) of section 199 of such 
  Code is amended by striking paragraph (9) and by redesignating 
  paragraph (10) as paragraph (9).
      (c) Effective Date.--The amendments made by this section shall 
  apply to taxable years beginning after December 31, 2011.
  
  SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL 
                EXPENDITURES.
  
      (a) In General.--Subsection (h) of section 167 of the Internal 
  Revenue Code of 1986 is amended--
              (1) by striking ``24-month'' in paragraphs (1) and (4) and 
          inserting ``7-year'', and
              (2) by striking paragraph (5).
      (b) Effective Date.--The amendments made by this section shall 
  apply to expenses paid or incurred after December 31, 2011.
  
               TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS
  
  SEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS.
  
      It is the sense of Congress that the increase in revenue to the 
  Federal Government resulting from the provisions of, and amendments 
  made by, title I should be used to make additional expenditures in the 
  following areas and programs:
              (1) Alternative fuel technology programs.
              (2) Advanced battery development programs.
              (3) Programs of the Advanced Research Projects Agency--
          Energy.
              (4) Research and development of clean energy technologies.
              (5) Clean energy loan guarantee programs.
              (6) Programs of the Office of Energy Efficiency and 
          Renewable Energy of the Department of Energy.
              (7) Weatherization Assistance Program.
              (8) State Energy Program.
              (9) Low Income Home Energy Assistance Program.
              (10) Distributed generation and turbine research and 
          development.
target: Pain at the Pump Act - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells.
  
  Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends the required amortization period for geological and geophysical expenditures.
  
  Expresses the sense of Congress that increases in revenue resulting from this Act should be used to make additional expenditures for clean energy programs, including for alternative fuel technology, research and development, clean energy loan guarantees, and low-income home energy assistance.
feat_title: To deny certain tax benefits to oil and gas companies and to invest the savings in clean energy programs.