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I
117TH CONGRESS
1ST SESSION H. R. 1612
To amend the Internal Revenue Code of 1986 to clarify that products derived
from tar sands are crude oil for purposes of the Federal excise tax
on petroleum, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2021
Mr. BLUMENAUER (for himself, Mr. KILDEE, Mr. GRIJALVA, and Ms.
BARRAGA´N) introduced the following bill; which was referred to the Com-
mittee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to clarify
that products derived from tar sands are crude oil for
purposes of the Federal excise tax on petroleum, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Tar Sands Tax Loop-
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hole Elimination Act’’.
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•HR 1612 IH
SEC. 2. CLARIFICATION OF TAR SANDS AS CRUDE OIL FOR
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EXCISE TAX PURPOSES.
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(a) IN GENERAL.—Paragraph (1) of section 4612(a)
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of the Internal Revenue Code of 1986 is amended to read
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as follows:
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‘‘(1) CRUDE OIL.—The term ‘crude oil’ includes
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crude oil condensates, natural gasoline, any bitumen
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or bituminous mixture, any oil derived from a bitu-
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men or bituminous mixture (including oil derived
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from tar sands), and any oil derived from kerogen-
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bearing sources (including oil derived from oil
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shale).’’.
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(b) REGULATORY AUTHORITY TO ADDRESS OTHER
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TYPES OF CRUDE OIL AND PETROLEUM PRODUCTS.—
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Subsection (a) of section 4612 of such Code is amended
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by adding at the end the following new paragraph:
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‘‘(10) REGULATORY
AUTHORITY
TO
ADDRESS
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OTHER
TYPES
OF
CRUDE
OIL
AND
PETROLEUM
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PRODUCTS.—Under such regulations as the Sec-
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retary may prescribe, the Secretary may include as
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crude oil or as a petroleum product subject to tax
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under section 4611, any fuel feedstock or finished
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fuel product customarily transported by pipeline,
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vessel, railcar, or tanker truck if the Secretary deter-
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mines that—
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•HR 1612 IH
‘‘(A) the classification of such fuel feed-
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stock or finished fuel product is consistent with
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the definition of oil under the Oil Pollution Act
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of 1990, and
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‘‘(B) such fuel feedstock or finished fuel
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product is produced in sufficient commercial
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quantities as to pose a significant risk of haz-
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ard in the event of a discharge.’’.
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(c) TECHNICAL AMENDMENT.—Paragraph (2) of sec-
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tion 4612(a) of such Code is amended by striking ‘‘from
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a well located’’.
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(d) EFFECTIVE DATE.—The amendments made by
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this section shall take effect on the date of the enactment
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of this Act.
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Æ
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