[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5848-S5849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2425. Mr. CARPER 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 end of division F, add the following:
TITLE LXII--FUEL TAXES
SEC. 62001. ADJUSTING TAX ON GASOLINE FOR INFLATION.
(a) Adjustment for Inflation.--
(1) In general.--Paragraph (2) of section 4081(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Adjustment for inflation.--
``(i) In general.--In the case of gasoline removed,
entered, or sold in a calendar year after 2015, the 18.3
cents amount in subparagraph (A)(i) shall be increased by an
amount equal to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If the amount as increased under clause
(i) is not a multiple of 0.1 cents, such amount shall be
rounded to the nearest multiple of 0.1 cents.''.
(2) Effective date.--The amendment made by this subsection
shall apply to gasoline removed, entered, or sold after
December 31, 2015.
(b) Conforming Amendment Relating to Tax on Compressed
Natural Gas.--
(1) In general.--The second sentence of subparagraph (A) of
section 4041(a)(3) of the Internal Revenue Code of 1986 is
amended by striking ``18.3 cents'' and inserting ``equal to
the rate of tax in effect under section 4081(a)(2)(A)(i) for
the calendar year in which such gas is sold or used,''.
(2) Effective date.--The amendment made by this subsection
shall apply to compressed natural gas sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
(c) Conforming Amendment Relating to Tax on Methanol and
Ethanol.--
(1) In general.--Paragraph (1) of section 4041(m) of the
Internal Revenue Code of 1986 is amended by striking ``shall
be--'' and all that follows and inserting ``shall be equal to
61.7 percent of the rate of tax in effect under section
4081(a)(2)(A)(i) for the calendar year in which such fuel is
sold or used.''.
(2) Effective date.--The amendment made by this subsection
shall apply to methanol and ethanol fuel sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
SEC. 62002. ADJUSTING TAX ON DIESEL FUEL AND KEROSENE FOR
INFLATION.
(a) Adjustment for Inflation.--Subparagraph (E) of section
4081(a)(2) of the Internal Revenue Code of 1986, as added by
this title, is amended--
(1) by redesignating clause (ii) as clause (iii),
(2) by striking ``If the amount as increased under clause
(i)'' in clause (iii), as so redesignated, and inserting ``If
any amount as increased under clause (i) or (ii)'',
(3) by striking ``In general'' in the heading of clause (i)
and inserting ``Tax on gasoline'', and
(4) by inserting after clause (i) the following new clause:
``(ii) Tax on diesel fuel or kerosene.--In the case of
diesel fuel or kerosene removed, entered, or sold in a
calendar year after 2015, the 24.3 cents amount in
subparagraph (A)(iii) shall be increased by an amount equal
to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.''.
(b) Conforming Amendment Relating to Tax on Diesel-water
Fuel Emulsions.--Subparagraph (D) of section 4081(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
``subparagraph (A)(iii) shall be applied by substituting
`19.7 cents' for `24.3 cents' '' and inserting ``the rate of
tax shall be equal to 81 percent of the rate of tax in effect
under subparagraph (A)(iii) for the calendar year in which
such emulsion is removed, entered, or sold''.
(c) Conforming Amendment Relating to Tax on Certain
Alternative Fuels.--Clause (ii) of section 4041(a)(2)(B) of
the Internal Revenue Code of 1986 is amended by
[[Page S5849]]
striking ``24.3 cents per gallon'' and inserting ``the rate
of tax specified in section 4081(a)(2)(A)(iii) which is in
effect at the time of such sale or use''.
(d) Conforming Amendment Relating to Rate of Tax on
Buses.--Paragraph (2) of section 6427(b) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Adjustment for inflation.--In the case of fuel used
in a calendar year after 2015, the 7.4 cents amount in
subparagraph (A) shall be increased by an amount equal to--
``(i) such cents amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.''.
(e) Effective Date.--The amendments made by this section
shall apply to diesel fuel, kerosene, and diesel-water fuel
emulsions removed, entered, or sold on or after the first day
of the first calendar quarter beginning not less than 60 days
after the date of the enactment of this Act.
SEC. 62003. ALLOCATION IN ACCOUNTS IN HIGHWAY TRUST FUND.
Section 9503(e) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(6) Adjustment for inflation.--
``(A) In general.--In the case of any calendar year
beginning after 2015, the amount in subparagraph (A) of
paragraph (2) shall be increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.
``(B) Rounding.--Any increase under subparagraph (A) shall
be rounded to the nearest 0.1 cents.''.
SEC. 62004. FLOOR STOCKS TAXES.
(a) Imposition of Tax.--In the case of any taxable fuel
which is held on the floor stocks tax 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 under
section 4041 or 4081 of the Internal Revenue Code of 1986 had
the taxable event occurred on the floor stocks tax date over
the tax paid under any such section on such fuel.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a fuel on the
floor stocks tax 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 of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A 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).
(2) Taxable fuel.--The term ``taxable fuel'' means--
(A) gasoline (other than aviation gasoline), diesel fuel,
kerosene (other than aviation-grade kerosene), and diesel-
water fuel emulsions;
(B) fuel taxed under section 4041(a)(2) of the Internal
Revenue Code of 1986 (including methanol and ethanol to which
section 4041(m) of such Code applies); and
(C) compressed natural gas.
(3) Floor stocks date.--The term ``floor stocks tax date''
means January 1 of any calendar year beginning after the date
of the enactment of this Act on which a rate of tax under
section 4041 or 4081 of such Code increases pursuant to an
amendment made by section 62001 or 62002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to taxable fuel held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by a section of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on taxable fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any fuel held on the floor stocks tax date by any person
if the aggregate amount of 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 fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(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 clause (i) shall apply to a group of
persons under common control where one or more of such
persons is not a corporation.
(g) Other Laws Applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by chapter 31 or 32 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 chapter.
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