A Magic Way to Make Billions
EXCLUSIVE HOW LOBBYISTS ARE PULLING OFF A SYNFUEL SCHEME WITH HELP FROM KEY LAWMAKERS--AND YOU'LL PAY
The wording is so bland and buried so deep within a 324-page budget document that almost no one would notice that a multibillion-dollar scam is going on. Not the members of Congress voting for it and certainly not the taxpayers who will get fleeced by it. And that is exactly the idea.
With Washington reeling from the Abramoff lobbying scandal and Republicans and Democrats alike pledging to crack down on influence peddling, with one lawmaker already gone from Capitol Hill because he traded favors for cash, you're probably guessing this isn't the best time for members of Congress to dispense a fortune in favors to their friends.
Guess again.
Buried in the huge budget-reconciliation bill, on which House and Senate conferees are putting the final touches right now, are a few paragraphs that accomplish an extraordinary feat. They roll back the price of a barrel of crude oil to what it sold for two years ago. They create this pretend price for the benefit of a small group of the politically well connected. You still won't be able to buy gasoline for $1.73 per gal. as you did then, instead of today's $2.28. You still won't be able to buy home heating oil for $1.60 per gal., in place of today's $2.39. But a select group of investors and companies will walk away with billions of dollars in tax subsidies, not from oil but from the marketing of a dubious concoction of synthetic fuel produced from coal and dependent on government tax credits tied to the price of oil.
From 2003 through 2005, TIME estimates, the synfuel industry raked in $9 billion in tax credits. That means the lucky few collectively cut their tax bills by that amount, which would be enough to cover a year's worth of federal taxes for 20 million Americans who make less than $20,000 a year and pay income taxes. How important is the tax credit to synfuel producers? In its latest annual report, Headwaters Inc., a Utah-based purveyor of synfuel processes and substances, says flatly, "Headwaters does not believe that production of synthetic fuel will be profitable absent the tax credits."
To understand why Washington wants to backdate the price of oil for its friends, it's necessary to return to the oil shocks of the 1970s, when long lines formed at gas stations and people dialed down the thermostats in homes and apartments so they could afford to pay their utility bills. In 1980, Congress enacted tax incentives that were designed to spur the development of a synthetic-fuel industry. The goal was to build huge plants using new technologies that would transform raw coal, which the U.S. has in abundance, into synthetic natural gas and oil to heat homes and factories, power cars and--here comes the ever popular bromide--reduce U.S. dependence on foreign oil...
...The coal can look and burn like regular coal. The IRS rule for transforming coal into synfuel--and getting the tax credit--requires only that the substance be chemically altered in some way. The alchemy that satisfies the IRS is a simple process: some plants spray newly mined coal with diesel fuel, pine-tar resin, limestone, acid or other substances--a practice that industry critics call "spray and pray." Other operators mix coal-mining waste with chemicals, coat it with latex and blend it with untreated coal to form briquettes. (For an earlier story on the scheme, see "The Great Energy Scam," TIME, Oct. 13, 2003.)
Once a few pioneers started reaping the tax credits, it wasn't long before plants using various techniques sprouted next to coal-burning power plants, which buy the so-called synfuel and use it as they would any other coal. Those synfuel operations were a far cry from the state-of-the-art plants that Congress had envisioned as performing a more radical transformation. Instead, they were flimsy facilities that could be easily dismantled and moved to other locations.
Today about 55 such plants around the U.S. process 125 million tons of coal or, in many cases, coal waste from an earlier mining era. For owners and operators, the whole point isn't creating a profitable new energy resource for the U.S.; it's about collecting the tax subsidy...
...With so much at stake, the synfuelers have pumped money into a campaign to preserve their tax break. At the center of the synfuel lobby in Washington is a consortium called the Council for Energy Independence. It's a name worthy of the most successful Washington lobbies, in which private interests camouflage their mission under the banner of a worthy-sounding cause. The council is directed by one of Washington's premier tax lobbyists, Kenneth J. Kies, managing director of the Clark Consulting Federal Policy Group. A former chief of staff of the Joint Committee on Taxation, the congressional panel that oversees the drafting of tax laws, Kies is well situated to guide legislation that could be worth hundreds of millions of dollars a word...
...Last November the lobby scored a remarkable coup. Buried deep in a bill called the Tax Relief Act of 2005, passed by the Senate on Nov. 18, was Section 559, titled "Modification of Credit for Producing Fuel from a Nonconventional Source."
Section 559 begins on page 317 of the bill and is written in the obscure jargon of all special-interest tax breaks--almost impossible to decipher, so bewildering is its language. At first glance, it looks like nothing more than a technical amendment to clarify some arcane section of tax law. But one clause offers a clue. It says the synfuel credit will be based not on current oil prices--the yardstick used in the past--but on "the amount which was in effect for sales in calendar year 2004."
In 2004 oil prices were safely below the line to allow synfuel producers to claim the maximum credit. The stealth amendment would roll back the calendar. (Sort of like your missing the deadline for your mortgage payment, then backdating your check to avoid a late charge. But much more lucrative.) The backdating clause was in a larger bill introduced in the Senate by Charles Grassley, the Iowa Republican who heads the Senate Finance Committee. It was inserted in the Tax Relief Act, which provides aid for Hurricane Katrina victims and sets new policies for tax-exempt groups. With so many higher profile issues at stake, the clause on synfuels sailed right through with no discussion. Many lawmakers, if not most, don't even know it's there...
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