[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5986 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5986

To amend the Internal Revenue Code of 1986 to immediately terminate the 
  excise tax on diesel fuel and the tax credits for ethanol and other 
                             alcohol fuels.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2008

 Mr. Burgess 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 immediately terminate the 
  excise tax on diesel fuel and the tax credits for ethanol and other 
                             alcohol fuels.

    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 ``Diesel Fuel Tax Relief Act of 
2008''.

SEC. 2. IMMEDIATE TERMINATION OF EXCISE TAX ON DIESEL FUEL.

    (a) In General.--Subsection (a) of section 4083 of the Internal 
Revenue Code of 1986 (relating to taxable fuel) is amended by striking 
subparagraph (B) and inserting ``and'' at the end of subparagraph (A).
    (b) Exemption From Special Fuels Tax.--Section 4041 of such Code is 
amended by adding at the end the following new subsection:
    ``(n) Exemption for Diesel Fuel.--No tax shall be imposed under 
this section on any diesel fuel (as defined in section 4083(a)).''.
    (c) Conforming Amendments.--
            (1) Section 4041 of such Code is amended--
                    (A) by striking paragraph (1) of subsection (a),
                    (B) by striking all that follows ``section 
                6421(e)(2)'' in subsection (b)(1)(C) and inserting a 
                period,
                    (C) by striking paragraph (3) of subsection (d), 
                and
                    (D) by striking ``Diesel Fuel and Special'' in the 
                heading of subsection (a) and inserting ``Special''.
            (2) Section 4081 of such Code is amended--
                    (A) by striking ``diesel fuel or'' in subsection 
                (a)(2)(a)(iii),
                    (B) by striking subparagraph (D) in subsection 
                (a)(2), and
                    (C) by striking subsection (c).
            (3) Section 4082 of such Code is amended--
                    (A) by striking ``diesel fuel and'' each place it 
                appears in the heading and text thereof, and
                    (B) by striking ``, diesel fuel,'' in subsection 
                (d)(1)(A) thereof.
            (4) Section 6427 of such Code is amended--
                    (A) by striking ``diesel'' in the heading of 
                subsection (b)(4),
                    (B) by striking ``, diesel fuel,'' each place it 
                appears in the heading and text of subsection (f),
                    (C) by striking paragraph (2) of subsection (h),
                    (D) in subsection (l)--
                            (i) by striking ``Diesel Fuel and'' in the 
                        heading thereof,
                            (ii) by striking ``diesel fuel or'' in 
                        paragraph (1),
                            (iii) by striking paragraph (3), and
                            (iv) by striking ``diesel fuel or'' each 
                        place it appears in the heading and text of 
                        paragraph (5), and
                    (E) by striking subsection (m).
            (5) Section 6715(c)(1) of such Code is amended by striking 
        ``diesel fuel or''.
            (6) Section 7012(3) of such Code is amended by striking 
        ``and diesel fuel''.
            (7) Section 9503(b)(1) of such Code is amended--
                    (A) by striking ``diesel fuels and'' in 
                subparagraph (A), and
                    (B) by striking ``, diesel fuel,'' in subparagraph 
                (D).
            (8) Section 9508(b) of such Code is amended--
                    (A) by striking ``, diesel fuel,'' in paragraph 
                (2), and
                    (B) by striking the flush sentence at the end.
    (d) Effective Date.--The amendments made by this section shall 
apply to liquids removed, entered, or sold after the date of the 
enactment of this Act.
    (e) Trust Funds Held Harmless.--The Secretary of the Treasury shall 
periodically transfer from the general fund of the Treasury to each of 
the trust funds established under chapter 98 of the Internal Revenue 
Code of 1986 amounts equal to the reduction in the appropriations or 
transfers to such trust fund which result by reason of the amendments 
made by this Act.

SEC. 3. IMMEDIATE TERMINATION OF EXCISE AND INCOME TAX CREDITS FOR 
              ETHANOL AND OTHER ALCOHOL FUELS.

    (a) Termination of Excise Tax Credit.--Sections 6426(b)(5) and 
6427(e)(5)(A) of the Internal Revenue Code of 1986 are each amended by 
striking ``December 31, 2010'' and inserting ``the date of the 
enactment of the Diesel Fuel Tax Relief Act of 2008''.
    (b) Termination of Income Tax Credit.--Paragraph (1) of section 
40(e) of the Internal Revenue Code of 1986 is amended by striking ``any 
sale or use--'' and all that follows and inserting ``any sale or use 
for any period after the date of the enactment of the Diesel Fuel Tax 
Relief Act of 2008''.
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