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Congress moves to end $1B+ annual oil extraction tax breaks

S. 4222 — End Polluter Welfare for Enhanced Oil Recovery Act of 2026 · Filed by Jeff Merkley (D-OR) · 5 cosponsors · Introduced Mar 26, 2026 · Referred to committee

65%
Transparency
Typical bill: 82%
15/100
Hidden-provision risk
Typical bill: 15/100
Fossil Fuel Subsidy Elimination

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What it does

This bill eliminates two federal tax credits for oil companies: the Enhanced Oil Recovery (EOR) credit under Section 43 of the tax code, and the ability to use captured carbon dioxide as a tertiary injectant (a method to extract more oil) to qualify for the Section 45Q carbon capture tax credit. The bill ends these subsidies for new oil extraction projects beginning after enactment, removing financial incentives that have allowed oil producers to claim tax breaks while extracting additional crude.

Why we flagged it

The bill's core function is to repeal two tax credits that subsidize oil extraction. Despite the title's focus on 'polluter welfare,' the mechanism is straightforward: striking Section 43 (EOR credit) and amending Section 45Q to block CO2-based EOR from qualifying. This is direct subsidy removal, not a complex regulatory overhaul.

What the text implies

  • The bill may inadvertently reduce legitimate carbon capture projects if operators were using EOR as a revenue model to fund CO2 sequestration; however, the legislative intent appears to be blocking that loophole specifically.
  • Conforming amendments to Sections 45I, 45K, 45Q, 196, and 6501 are technical housekeeping to remove cross-references to the eliminated Section 43; these do not create new policy but clean up the tax code.

The full analysis lists 3 implications of this text.

Who it affects

Ordinary citizens benefit from reduced federal subsidies to fossil fuel extraction, lowering the hidden cost of oil production borne by taxpayers. Eliminating these credits reduces the fiscal burden of supporting oil industry profits and removes a perverse incentive that used carbon capture as a cover for continued oil extraction rather than genuine climate mitigation.

Correlative observation from public records — not evidence of coordination or wrongdoing, and not financial advice.
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Quorum analysis of the full bill text · 119th Congress · public record