March 26, 2026
Mr. Merkley (for himself, Mr. Van Hollen, Mr. Markey, Mr. Booker, Mr. Sanders, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend the Internal Revenue Code of 1986 to provide for an end date for the credit for certain qualified carbon oxide, and for other purposes.
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 Polluter Welfare for Enhanced Oil Recovery Act of 2026
.
Sec. 2. Elimination of use of carbon oxide as tertiary injectant
(a) In general
Section 45Q(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
(11) Elimination of use of carbon oxide as tertiary injectant
In the case of any qualified facility the construction of which begins after the date of the enactment of the End Polluter Welfare for Enhanced Oil Recovery Act of 2026, subsection (a)(3)(B)(ii) shall not apply.
(b) Effective date
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Sec. 3. 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.
(b) Conforming amendments
(1)
Section 38(b) of such Code is amended by striking paragraph (6).
(2)
Section 45I(b)(2)(B) of such Code is amended by inserting (as in effect on the day before the date of the enactment of the End Polluter Welfare for Enhanced Oil Recovery Act of 2026)
after section 43(c)(3)(B)
.
(3)
Section 45K(b)(5)(A) of such Code is amended by inserting (as in effect on the day before the date of the enactment of the End Polluter Welfare for Enhanced Oil Recovery Act of 2026)
after section 43
.
(4)
Section 45Q of such Code is amended—
(A)
by striking section 43(b)(3)(B)
each place it appears and inserting section 43(b)(3)(B) (as in effect on the day before the date of the enactment of the End Polluter Welfare for Enhanced Oil Recovery Act of 2026)
, and
(B)
in subsection (e)(4), by inserting (as in effect on the day before the date of the enactment of the End Polluter Welfare for Enhanced Oil Recovery Act of 2026)
after section 43(c)(2)
.
(5)
Section 196(c) of such Code is amended by striking paragraph (5) and by redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively.
(6)
Section 6501(m) of such Code is amended by striking 43,
.
(7)
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 43.
(c) Effective date
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.