2223 112th CONGRESS
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
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
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,
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.
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
(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
(1) by striking `(or any modification to a facility)';
(2) by striking `January 1, 2010' and inserting `July
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'.
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:
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))'
IN GENERAL- The amendments made by subsections (a), (b), and (d) shall apply to
fuel produced and sold after September 30, 2008.
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