Gas Price Relief Act of 2007 - Amends the Internal Revenue Code to suspend certain federal motor fuel excise taxes until the average price of unleaded regular gasoline is less than $3.00 per gallon for a period of six consecutive months (suspension period). Provides for adjustments to such excise taxes for floor stocks of motor fuels held by dealers prior to or after the suspension period.
Repeals provisions allowing a taxpayer election to expense the cost of qualified refinery property. Transfers to the Highway Trust Fund increased tax revenues resulting from such repeal.
Requires the Federal Trade Commission (FTC) to monitor gasoline prices in the United States and to report to Congress on its findings.
Requires the Speaker of the House of Representatives to establish a Commission on Gas Price Relief to study the causes of high oil prices.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2480 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2480
To amend the Internal Revenue Code of 1986 to suspend the Federal motor
fuel excise taxes until the average price of unleaded gasoline is below
$3 per gallon for at least 6 months.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2007
Mr. Hill (for himself and Mrs. Boyda of Kansas) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to suspend the Federal motor
fuel excise taxes until the average price of unleaded gasoline is below
$3 per gallon for at least 6 months.
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 2007''.
SEC. 2. TEMPORARY SUSPENSION OF MOTOR FUEL TAXES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline, diesel fuel, and kerosene)
is amended by adding at the end the following new subsection:
``(f) Temporary Suspension of Taxes.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be zero.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) paragraphs (1), (2), and (3) of section
4041(a) (relating to retail taxes on diesel fuel,
special motor fuels, and compressed natural gas),
``(B) section 4041(d) (relating to additional taxes
to fund Leaking Underground Storage Tank Trust Fund),
``(C) section 4041(m) (relating to certain alcohol
fuels),
``(D) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene), and
``(E) subsection (a)(2)(B) (relating to Leaking
Underground Storage Tank Trust Fund tax).
``(3) Exceptions.--Paragraph (1) shall not apply to--
``(A) any tax imposed by section 4041 on fuel sold
for use or used in a train or motorboat, and
``(B) any tax imposed by section 4081 on gasoline
or kerosene used for aviation.
``(4) Suspension period.--For purposes of this subsection,
the term `suspension period' means the period beginning on the
date of the enactment of this subsection and ending on the last
day of the first period of 6 consecutive months beginning after
such date that the national average price of unleaded regular
gasoline is less than $3.00 per gallon (as determined under
section 6 of the Gas Price Relief Act of 2007).
``(5) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to any trust fund, an amount
equal to the reduction in revenues to the Treasury by reason of
a reduction under this subsection in any rate shall be treated
as taxes received in the Treasury under such rate.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPEAL OF EXPENSING FOR CERTAIN REFINERIES.
(a) In General.--Section 179C of the Internal Revenue Code of 1986
(relating to election to expense certain refineries) is hereby
repealed.
(b) Technical Amendments.--
(1) Section 1245(a) of such Code is amended by striking
``179C,'' each place it appears.
(2) Section 263(a)(1) of such Code is amended by adding
``or'' at the end of subparagraph (H), by striking ``, or'' at
the end of subparagraph (I) and inserting a period, and by
striking subparagraph (J).
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``179B, or 179C'' each place it appears in the heading
and the text and inserting ``, or 179B''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 179C.
(c) Transfer of Equivalent Tax Liability to Highway Trust Fund.--
There are hereby appropriated to the Highway Trust Fund amounts
equivalent to the aggregate net increase in tax liabilities under
chapter 1 of the Internal Revenue Code of 1986 which is attributable to
the repeal of section 179C of such Code by subsection (a). Such
appropriated amounts shall be transferred from the general fund of the
Treasury on the basis of estimates of such tax liabilities made by the
Secretary of the Treasury. Transfers shall be made pursuant to a
schedule made by the Secretary of the Treasury that takes into account
estimated timing of collection of such liabilities. Proper adjustments
shall be made in amounts transferred to the extent prior estimates were
in excess of or less than the amounts required to be transferred.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 4. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the date of the enactment of this Act, a tax
referred to in section 4081(f)(2) of the Internal Revenue Code
of 1986 has been imposed on any liquid, and
(2) on such date such liquid 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 amount of such tax which would be imposed on such
liquid 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 date of
the enactment of this Act, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the date of the enactment of this Act--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after such date, and
(B) 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 liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section, the terms
``dealer'' and ``held by a dealer'' have the respective meanings given
to such terms by section 6412 of such Code; except that the term
``dealer'' includes a producer.
(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. 5. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid 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 liquid under any section of the Internal Revenue
Code of 1986 referred to in section 4081(f)(2) of such Code had the
taxable event occurred on the floor stocks tax date over the tax paid
under any such section on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid 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 liquid 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 liquid.--The term ``taxable liquid'' means any
liquid on which a tax referred to in section 4081(a)(2) of such
Code is imposed on the floor stocks tax date.
(3) Floor stock tax date.--The term ``floor stocks tax
date'' means the first day after the suspension period (as
defined in section 4081(f)(4) of such Code).
(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 taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of the Code referred to in section 4081(a)(2) 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 liquid 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 liquid held on the floor stocks tax date by any person
if the aggregate amount of liquid 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 subparagraph
(A) shall apply to a group of persons under common
control where 1 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.
SEC. 6. GASOLINE PRICE MONITORING.
(a) Establishment of Monitoring Program.--The Federal Trade
Commission shall carry out a program to monitor gasoline prices in the
United States.
(b) Monthly Determination of National Average Price of Unleaded
Regular Gasoline.--In carrying out the program, the Commission shall
determine for each month the national average price of unleaded regular
gasoline at retail stations.
(c) Reports.--Not later than the 15th day of each month beginning
after the 180th day following the date of enactment of this Act, the
Commission shall--
(1) transmit to Congress a report containing the results of
monitoring conducted under the program in the preceding month,
including the determination required under subsection (b); and
(2) make a copy of the report available to the public in an
electronic format on an Internet website maintained by the
Commission.
SEC. 7. COMMISSION ON GAS PRICE RELIEF.
(a) Establishment.--Not later than three months after the date of
enactment of this Act, the Speaker of the House of Representatives
shall establish a Commission on Gas Price Relief.
(b) Study and Report.--The Commission shall conduct a study of the
causes of high oil prices and submit a report to the House of
Representatives within 1 year after the date on which such Commission
is established. The report shall include a determination of revenue
raisers in addition to the repeal of section 179C of the Internal
Revenue Code of 1986 (made by section 3 of this Act) that would help
replenish the Treasury for the loss in revenue resulting from any
suspension of the Federal excise taxes on motor fuels under section
4081(f) of the Internal Revenue Code of 1986 (as added by section 2 of
this Act).
(c) Membership.--The Commission shall be comprised of 9 Members, as
follows:
(1) The Chairman of the Committee on Ways and Means, ex
officio.
(2) The Chairman of the Committee on Energy and Commerce,
ex officio.
(3) One member, appointed by the Chairman of the Committee
on Ways and Means, who shall not be from the same political
party as the Chairman.
(4) One member, appointed by the Chairman of the Committee
on Energy and Commerce, who shall not be from the same
political party as the Chairman.
(5) Five members appointed by the Speaker, of whom at least
two shall not be from the same political party as the Speaker.
(d) Co-Chairs.--The Chairman of the Committee on Ways and Means and
the Chairman of the Committee on Energy and Commerce shall serve as co-
chairmen of the Commission.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Air Quality.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line