[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3752 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3752

To amend the Internal Revenue Code of 1986 to impose a windfall profit 
 tax on crude oil and to ease gas prices for consumers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2005

 Mr. Menendez introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to impose a windfall profit 
 tax on crude oil and to ease gas prices for consumers, 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 ``Gas Price Relief Act of 2005''.

SEC. 2. WINDFALL PROFITS TAX.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986 
(relating to alcohol, tobacco, and certain other excise taxes) is 
amended by adding at the end the following new chapter:

              ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL

``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; base price; qualified 
                            investment.
``Sec. 5898. Special rules and definitions.

``SEC. 5896. IMPOSITION OF TAX.

    ``(a) In General.--In addition to any other tax imposed under this 
title, there is hereby imposed on any integrated oil company (as 
defined in section 291(b)(4)) an excise tax equal to the excess of--
            ``(1) the amount equal to 50 percent of the windfall profit 
        from all barrels of taxable crude oil removed from the property 
        during each taxable year, over
            ``(2) the amount of qualified investment by such company 
        during such taxable year.
    ``(b) Fractional Part of Barrel.--In the case of a fraction of a 
barrel, the tax imposed by subsection (a) shall be the same fraction of 
the amount of such tax imposed on the whole barrel.
    ``(c) Tax Paid by Producer.--The tax imposed by this section shall 
be paid by the producer of the taxable crude oil.

``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED 
              INVESTMENT.

    ``(a) General Rule.--For purposes of this chapter, the term 
`windfall profit' means the excess of the removal price of the barrel 
of taxable crude oil over the base price of such barrel.
    ``(b) Removal Price.--For purposes of this chapter--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the term `removal price' means the amount for which 
        the barrel of taxable crude oil is sold.
            ``(2) Sales between related persons.--In the case of a sale 
        between related persons, the removal price shall not be less 
        than the constructive sales price for purposes of determining 
        gross income from the property under section 613.
            ``(3) Oil removed from property before sale.--If crude oil 
        is removed from the property before it is sold, the removal 
        price shall be the constructive sales price for purposes of 
        determining gross income from the property under section 613.
            ``(4) Refining begun on property.--If the manufacture or 
        conversion of crude oil into refined products begins before 
        such oil is removed from the property--
                    ``(A) such oil shall be treated as removed on the 
                day such manufacture or conversion begins, and
                    ``(B) the removal price shall be the constructive 
                sales price for purposes of determining gross income 
                from the property under section 613.
            ``(5) Property.--The term `property' has the meaning given 
        such term by section 614.
    ``(c) Base Price Defined.--For purposes of this chapter, the term 
`base price' means $40 for each barrel of taxable crude oil.
    ``(d) Qualified Investment.--For purposes of this chapter, the term 
`qualified investment' means any amount paid or incurred with respect 
to any qualified facility described in paragraph (1), (2), (3), or (4) 
of section 45(d) (determined without regard to any placed in service 
date).

``SEC. 5898. SPECIAL RULES AND DEFINITIONS .

    ``(a) Withholding and Deposit of Tax.--The Secretary shall provide 
such rules as are necessary for the withholding and deposit of the tax 
imposed under section 5896 on any taxable crude oil.
    ``(b) Records and Information.--Each taxpayer liable for tax under 
section 5896 shall keep such records, make such returns, and furnish 
such information (to the Secretary and to other persons having an 
interest in the taxable crude oil) with respect to such oil as the 
Secretary may by regulations prescribe.
    ``(c) Return of Windfall Profit Tax.--The Secretary shall provide 
for the filing and the time of such filing of the return of the tax 
imposed under section 5896.
    ``(d) Definitions.--For purposes of this chapter--
            ``(1) Producer.--The term `producer' means the holder of 
        the economic interest with respect to the crude oil.
            ``(2) Crude oil.--
                    ``(A) In general.--The term `crude oil' includes 
                crude oil condensates and natural gasoline.
                    ``(B) Exclusion of newly discovered oil.--Such term 
                shall not include any oil produced from a well drilled 
                after the date of the enactment of the Gas Price Relief 
                Act of 2005, except with respect to any oil produced 
                from a well drilled after such date on any proven oil 
                or gas property (within the meaning of section 
                613A(c)(9)(A)).
            ``(3) Barrel.--The term `barrel' means 42 United States 
        gallons.
    ``(e) Adjustment of Removal Price.--In determining the removal 
price of oil from a property in the case of any transaction, the 
Secretary may adjust the removal price to reflect clearly the fair 
market value of oil removed.
    ``(f) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
chapter.
    ``(g) Termination.--This chapter shall not apply to taxable crude 
oil removed after the date which is 1 year after the date of the 
enactment of this section.''.
    (b) Transfer of Windfall Profit Tax Receipts to Highway Trust 
Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of 
1986 is amended by striking ``and'' at the end of subparagraph (D), by 
striking the period at the end of subparagraph (E) and inserting ``, 
and'', and by inserting after subparagraph (E) the following new 
subparagraph:
                    ``(F) section 5896 (relating to windfall profits 
                tax on crude oil).''.
    (c) Deductibility of Windfall Profit Tax.--The first sentence of 
section 164(a) of the Internal Revenue Code of 1986 (relating to 
deduction for taxes) is amended by inserting after paragraph (5) the 
following new paragraph:
            ``(6) The windfall profit tax imposed by section 5896.''.
    (d) Clerical Amendment.--The table of chapters for subtitle E of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new item:

             ``Chapter 56. Windfall profit on crude oil''.

    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to crude oil removed after the date of the enactment of 
        this Act, in taxable years ending after such date.
            (2) Transitional rules.--For the period ending December 31, 
        2005, the Secretary of the Treasury or the Secretary's delegate 
        shall prescribe rules relating to the administration of chapter 
        56 of the Internal Revenue Code of 1986. To the extent provided 
        in such rules, such rules shall supplement or supplant for such 
        period the administrative provisions contained in chapter 56 of 
        such Code (or in so much of subtitle F of such Code as relates 
        to such chapter 56).

SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS.

    (a) In General.--Section 4081 of the Internal Revenue Code of 1986 
(relating to imposition of tax on motor and aviation fuels) is amended 
by adding at the end the following new subsection:
    ``(f) Reduction of Highway Motor Fuel Taxes.--
            ``(1) In general.--During the reduction period, the rate of 
        tax imposed by section 4041 (other than subsection (d) thereof) 
        or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 
        cents per gallon.
            ``(2) Definitions and special rule.--For purposes of this 
        subsection--
                    ``(A) Reduction period.--The term `reduction 
                period' means the 1-year period beginning on the date 
                of enactment of the Gas Price Relief Act of 2005.
                    ``(B) Highway motor fuel.--The term `highway motor 
                fuel' means any fuel subject to tax under section 4041 
                or 4081 other than aviation gasoline and aviation-grade 
                kerosene.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO 
              TRUST FUNDS TREATED AS TAXES.

    (a) In General.--There is hereby appropriated (out of any money in 
the Treasury not otherwise appropriated) to the Highway Trust Fund an 
amount equal to the excess (if any) of--
            (1) the amount (but for this subsection) of reduced 
        revenues received in the Highway Trust Fund as a result of a 
        reduction in a rate of tax by reason of section 4081(f)(1) of 
        the Internal Revenue Code of 1986 (as added by section 3 of 
        this Act), over
            (2) amounts appropriated to the Highway Trust Fund by 
        section 9503(b)(1)(F) of the Internal Revenue Code of 1986 
        (relating to windfall profits tax on crude oil).
    (b) Special Rules.--Amounts appropriated by subsection (a) to the 
Highway Trust Fund--
            (1) shall be transferred from the general fund at such 
        times and in such manner as to replicate to the extent possible 
        the transfers which would have occurred had section 3 of this 
        Act not been enacted, and
            (2) shall be treated for all purposes of Federal law as 
        taxes received under the appropriate section referred to in 
        such section 4081(f)(1).

SEC. 5. FLOOR STOCK REFUNDS.

    (a) In General.--If--
            (1) before the tax rate reduction date, tax has been 
        imposed under section 4081 of the Internal Revenue Code of 1986 
        on any highway motor fuel, and
            (2) on such date such fuel is held by a dealer and has not 
        been used and is intended for sale,
there shall be credited or refunded (without interest) to the person 
who paid such tax (hereafter in this section referred to as the 
``taxpayer'') an amount equal to the excess of the tax paid by the 
taxpayer over the tax which would be imposed on such fuel had the 
taxable event occurred on such date.
    (b) Time for Filing Claims.--No credit or refund shall be allowed 
or made under this section unless--
            (1) claim therefor is filed with the Secretary of the 
        Treasury before the date which is 6 months after the tax rate 
        reduction date based on a request submitted to the taxpayer 
        before the date which is 3 months after the tax rate reduction 
        date by the dealer who held the highway motor fuel on such 
        date, and
            (2) the taxpayer has repaid or agreed to repay the amount 
        so claimed to such dealer or has obtained the written consent 
        of such dealer to the allowance of the credit or the making of 
        the refund.
    (c) Exception for Fuel Held in Retail Stocks.--No credit or refund 
shall be allowed under this section with respect to any highway motor 
fuel in retail stocks held at the place where intended to be sold at 
retail.
    (d) Definitions.--For purposes of this section--
            (1) Tax rate reduction date.--The term ``tax rate reduction 
        date'' means the first day of the reduction period (as defined 
        in section 4081(f) of the Internal Revenue Code of 1986 (as 
        added by section 3 of this Act)).
            (2) Other terms.--The terms ``dealer'' and ``held by a 
        dealer'' have the respective meanings given to such terms by 
        section 6412 of such Code.
    (e) Certain Rules to Apply.--Rules similar to the rules of 
subsections (b) and (c) of section 6412 of such Code shall apply for 
purposes of this section.

SEC. 6. FLOOR STOCKS TAX.

    (a) Imposition of Tax.--In the case of any highway motor fuel which 
is held on the tax restoration date by any person, there is hereby 
imposed a floor stocks tax equal to the excess of the tax which would 
be imposed on such fuel had the taxable event occurred on such date 
over the tax (if any) previously paid (and not credited or refunded) on 
such fuel.
    (b) Liability for Tax and Method of Payment.--
            (1) Liability for tax.--The person holding highway motor 
        fuel on the tax restoration date to which the tax imposed by 
        subsection (a) applies shall be liable for such tax.
            (2) Method of payment.--The tax imposed by subsection (a) 
        shall be paid in such manner as the Secretary shall prescribe.
            (3) Time for payment.--The tax imposed by subsection (a) 
        shall be paid on or before the 45th day after the tax 
        restoration date.
    (c) Definitions.--For purposes of this section--
            (1) Tax restoration date.--The term ``tax restoration 
        date'' means the first day after the reduction period (as 
        defined in section 4081(f) of the Internal Revenue Code of 
        1986).
            (2) Highway motor fuel.--The term ``highway motor fuel'' 
        has the meaning given to such term by section 4081(f) of such 
        Code.
            (3) Held by a person.--A highway motor fuel shall be 
        considered as held by a person if title thereto has passed to 
        such person (whether or not delivery to the person has been 
        made).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
    (d) Exception for Exempt Uses.--The tax imposed by subsection (a) 
shall not apply to any highway motor fuel held by any person 
exclusively for any use to the extent a credit or refund of the tax is 
allowable for such use.
    (e) Exception for Certain Amounts of Fuel.--
            (1) In general.--No tax shall be imposed by subsection (a) 
        on any highway motor fuel held on the tax restoration date by 
        any person if the aggregate amount of such highway motor fuel 
        held by such person on such date does not exceed 2,000 gallons. 
        The preceding sentence shall apply only if such person submits 
        to the Secretary (at the time and in the manner required by the 
        Secretary) such information as the Secretary shall require for 
        purposes of this paragraph.
            (2) Exempt fuel.--For purposes of paragraph (1), there 
        shall not be taken into account any highway motor fuel held by 
        any person which is exempt from the tax imposed by subsection 
        (a) by reason of subsection (d).
            (3) Controlled groups.--For purposes of this section--
                    (A) Corporations.--
                            (i) In general.--All persons treated as a 
                        controlled group shall be treated as 1 person.
                            (ii) Controlled group.--The term 
                        ``controlled group'' has the meaning given to 
                        such term by subsection (a) of section 1563 of 
                        such Code; except that for such purposes the 
                        phrase ``more than 50 percent'' shall be 
                        substituted for the phrase ``at least 80 
                        percent'' each place it appears in such 
                        subsection.
                    (B) Nonincorporated persons under common control.--
                Under regulations prescribed by the Secretary, 
                principles similar to the principles of subparagraph 
                (A) shall apply to a group of persons under common 
                control if 1 or more of such persons is not a 
                corporation.
    (f) Other Laws Applicable.--All provisions of law, including 
penalties, applicable with respect to the taxes imposed by section 4081 
of such Code shall, insofar as applicable and not inconsistent with the 
provisions of this section, apply with respect to the floor stock taxes 
imposed by subsection (a) to the same extent as if such taxes were 
imposed by such sections.
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