I 

110TH CONGRESS 

1ST SESSION H. R. 2448 

To amend the Internal Revenue Code of 1986 to reduce the Federal excise 

tax on highway motor fuels when the weekly United States retail gasoline 

price, regular grade, is greater than $3.00 per gallon. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2007 

Mr. KUHL of New York (for himself and Mr. SALI) 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 reduce 

the Federal excise tax on highway motor fuels when 

the weekly United States retail gasoline price, regular 

grade, is greater than $3.00 per gallon. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Gas Price 

5 Relief Act of 2007’’. 


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1 SEC. 2. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR 

2 FUELS WHEN WEEKLY UNITED STATES RE3 TAIL GASOLINE PRICES EXCEED BENCH4 MARK. 

5 (a) IN GENERAL.—Section 4081 of the Internal Rev6 enue Code of 1986 (relating to imposition of tax on motor 

7 and aviation fuels) is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(f) REDUCTION OF HIGHWAY MOTOR FUEL TAXES

10 WHEN RETAIL GASOLINE EXCEEDS BENCHMARK.— 

11 ‘‘(1) IN GENERAL.—During any reduction pe12 riod, the rate of tax imposed by section 4041 or 

13 4081 on highway motor fuel shall be reduced by 10 

14 cents per gallon. 

15 ‘‘(2) DEFINITIONS AND SPECIAL RULE.—For 

16 purposes of this subsection— 

17 ‘‘(A) REDUCTION PERIOD.—The term ‘re18 duction period’ means the period— 

19 ‘‘(i) beginning on the date on which 

20 the weekly United States retail gasoline 

21 price, regular grade (as published by the 

22 Energy Information Administration, De23 partment of Energy), is greater than $3.00 

24 per gallon, and 


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1 ‘‘(ii) ending on the date on which such 

2 price (as so published) is less than $2.50 

3 per gallon. 

4 ‘‘(B) HIGHWAY MOTOR FUEL.—The term 

5 ‘highway motor fuel’ means any fuel subject to 

6 tax under section 4041 or 4081 other than 

7 aviation gasoline and aviation-grade kerosene.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall take effect on the date of the enactment 

10 of this Act. 

11 SEC. 3. FLOOR STOCK REFUNDS. 

12 (a) IN GENERAL.—If— 

13 (1) before the tax rate reduction date, tax has 

14 been imposed under section 4081 of the Internal 

15 Revenue Code of 1986 on any highway motor fuel, 

16 and 

17 (2) on such date such fuel is held by a dealer 

18 and has not been used and is intended for sale, 

19 there shall be credited or refunded (without interest) to 

20 the person who paid such tax (hereafter in this section 

21 referred to as the ‘‘taxpayer’’) an amount equal to the ex22 cess of the tax paid by the taxpayer over the tax which 

23 would be imposed on such fuel had the taxable event oc24 curred on such date. 


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1 (b) TIME FOR FILING CLAIMS.—No credit or refund 

2 shall be allowed or made under this section unless— 

3 (1) claim therefor is filed with the Secretary of 

4 the Treasury before the date which is 6 months 

5 after the tax rate reduction date based on a request 

6 submitted to the taxpayer before the date which is 

7 3 months after the tax rate reduction date by the 

8 dealer who held the highway motor fuel on such 

9 date, and 

10 (2) the taxpayer has repaid or agreed to repay 

11 the amount so claimed to such dealer or has ob12 tained the written consent of such dealer to the al13 lowance of the credit or the making of the refund. 

14 (c) EXCEPTION FOR FUEL HELD IN RETAIL

15 STOCKS.—No credit or refund shall be allowed under this 

16 section with respect to any highway motor fuel in retail 

17 stocks held at the place where intended to be sold at retail. 

18 (d) DEFINITIONS.—For purposes of this section— 

19 (1) TAX RATE REDUCTION DATE.—The term 

20 ‘‘tax rate reduction date’’ means the first day of any 

21 reduction period in effect under section 4081(f) of 

22 the Internal Revenue Code of 1986 (as added by 

23 section 2 of this Act). 


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1 (2) OTHER TERMS.—The terms ‘‘dealer’’ and 

2 ‘‘held by a dealer’’ have the respective meanings 

3 given to such terms by section 6412 of such Code. 

4 (e) CERTAIN RULES TO APPLY.—Rules similar to the 

5 rules of subsections (b) and (c) of section 6412 of such 

6 Code shall apply for purposes of this section. 

Æ 


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