[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5724-S5725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2388. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to 
exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FUNDING FOR FREIGHT CORRIDOR IMPROVEMENT.

       (a) Increase in Tax on Diesel Fuel.--
       (1) In general.--Section 4081(a)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(E) Temporary increase in rate of tax on diesel fuel.--In 
     the case of diesel fuel and diesel-water fuel emulsions 
     removed, sold, or entered before January 1, 2022--

[[Page S5725]]

       ``(i) the rate of tax under subparagraph (A)(iii) shall be 
     34.3 cents, and
       ``(ii) subparagraph (D) shall be applied by substituting 
     `27.7' for `19.7'.''.
       (2) Effective date.--The amendment made by this section 
     shall apply to diesel fuel and diesel-water fuel emulsions 
     removed, entered, or sold after December 31, 2015.
       (b) Advanced Repayment of Increase to Owners and Original 
     Purchasers of Diesel-powered Automobiles and Light Trucks.--
       (1) In general.--Section 6427 of the Internal Revenue Code 
     of 1986 is amended by inserting after subsection (f) the 
     following new subsection:
       ``(g) Advance Repayment of Increased Diesel Fuel Tax to 
     Owners and Original Purchasers of Diesel-powered Automobiles 
     and Light Trucks.--
       ``(1) In general.--Except as provided in subsection (k), 
     the Secretary shall pay (without interest) an amount equal to 
     the diesel fuel differential amount to the original purchaser 
     of any qualified diesel-powered highway vehicle purchased 
     after such date.
       ``(2) Qualified diesel-powered highway vehicle.--For 
     purposes of this subsection, the term `qualified diesel-
     powered highway vehicle' means any diesel-powered highway 
     vehicle which--
       ``(A) has at least 4 wheels,
       ``(B) has a gross vehicle weight rating of 10,000 pounds or 
     less, and
       ``(C) is registered for highway use in the United States 
     under the laws of any State.
       ``(3) Diesel fuel differential amount.--For purposes of 
     this subsection, the `diesel fuel differential amount' shall 
     be determined as follows:


----------------------------------------------------------------------------------------------------------------
                                          In the case of a truck or
          ``Year of purchase                 van, the diesel fuel      In the case of any other highway vehicle,
                                           differential amount is--     the diesel fuel differential amount is--
----------------------------------------------------------------------------------------------------------------
2016..................................  $240.........................  $180
2017..................................  200..........................  150
2018..................................  160..........................  120
2019..................................  120..........................  90
2020..................................  80...........................  60
2021..................................  40...........................  30
2022 and thereafter...................  0............................  0.
----------------------------------------------------------------------------------------------------------------

       ``(4) Original purchaser.--For purposes of this 
     subsection--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `original purchaser' means the first person to 
     purchase the qualified diesel-powered vehicle for use other 
     than resale.
       ``(B) Exception for certain persons not subject to fuels 
     tax.--The term `original purchaser' shall not include any 
     State or local government (as defined in section 4221(d)(4)) 
     or any nonprofit educational organization (as defined in 
     section 4221(d)(5)).
       ``(C) Treatment of demonstration use by dealer.--For 
     purposes of subparagraph (A), use as a demonstrator by a 
     dealer shall not be taken into account.
       ``(5) Special rule for certain vehicles held on january 1, 
     2016.--In the case of any person holding a qualified diesel-
     powered highway vehicle on January 1, 2016, such person shall 
     be treated as if the person originally purchased such vehicle 
     on January 1, 2016.
       ``(6) Basis reduction.--For the purposes of subtitle A, the 
     basis of any qualified diesel-powered highway vehicle shall 
     be reduced by the amount payable under this subsection with 
     respect to such vehicle.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to vehicles purchased after December 31, 2015.
       (c) Freight Corridor Improvement Account.--
       (1) In general.--Section 9503 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(g) Establishment of Freight Corridor Improvement 
     Account.--
       ``(1) Creation of account.--There is established in the 
     Highway Trust Fund a separate account to be known as the 
     `Freight Corridor Improvement Account' consisting of such 
     amounts as may be transferred or credited to the Freight 
     Corridor Improvement Account as provided in this section or 
     section 9602(b).
       ``(2) Transfers to freight corridor improvement account.--
     The Secretary of the Treasury shall transfer to the Freight 
     Corridor Improvement Account an amount equal to 10 cents per 
     gallon of the amounts appropriated to the Highway Trust Fund 
     under subsection (b) which are attributable to the tax 
     imposed on diesel fuel and diesel-water fuel emulsions under 
     section 4081.
       ``(3) Expenditures from account.--
       ``(A) In general.--Amounts in the Freight Corridor 
     Improvement Account shall be available, as provided by 
     appropriation Acts, for expenditures before October 1, 2022, 
     which are--
       ``(i) in accordance with section 167 of title23, United 
     States Code, as in effect on the date of the enactment of the 
     DRIVE Act, and
       ``(ii) for the primary highway freight system designated 
     under section 167(d) of such title, determined without regard 
     to paragraph (3) thereof.
       ``(B) Amounts related to advance repayment of increased 
     diesel fuel taxes.--The Secretary shall pay from time to time 
     from the Freight Corridor Improvement Account to the general 
     fund of the Treasury amounts (as determined by the Secretary) 
     equivalent to the payments made under section 6427(g).''.
       (2) Conforming amendment.--Section 9503(e)(5)(B) of such 
     Code is amended by inserting ``or the Freight Corridor 
     Improvement Account'' after ``Mass Transit Account''.
                                 ______