II

106TH CONGRESS

2D SESSION S. 2090

To amend the Internal Revenue Code of 1986 to impose a 1 year moratorium

on certain diesel fuel excise taxes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24, 2000

Mr. CAMPBELL (for himself, Mr. LOTT, Mr. DASCHLE, Mr. CRAIG, Mr.

BUNNING, Ms. SNOWE, Mr. CONRAD, Ms. LANDRIEU, Mr. KERREY, and

Mr. GREGG) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to impose

a 1 year moratorium on certain diesel fuel excise taxes.

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 ‘‘America’s Transpor5 tation Recovery Act of 2000’’.
2

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1 SEC. 2. 1 YEAR MORATORIUM ON CERTAIN DIESEL FUEL

2 EXCISE TAXES.

3 (a) IN GENERAL.—Section 4081(d) of the Internal

4 Revenue Code of 1986 (relating to termination) is

5 amended—

6 (1) by redesignating paragraphs (2) and (3) as

7 paragraphs (3) and (4), respectively,

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph:

10 ‘‘(2) DIESEL FUEL.—The rate of tax specified

11 in subsection (a)(2)(A)(iii) with respect to diesel fuel

12 shall be—

13 ‘‘(A) zero during the 1 year period begin14 ning on the date of the enactment of this para15 graph, and

16 ‘‘(B) 4.3 cents per gallon after September

17 30, 2005.’’, and

18 (3) by striking ‘‘clauses (i) and (iii) of sub19 section (a)(2)(A)’’ in paragraph (1) and inserting

20 ‘‘subsections (a)(2)(A)(i) and (a)(2)(A)(iii) with re21 spect to kerosene’’.

22 (b) CONFORMING AMENDMENTS.—

23 (1) Subclause (I) of section 4041(a)(1)(C)(iii)

24 of the Internal Revenue Code of 1986 (relating to

25 rate of tax on certain buses) is amended by striking

26 ‘‘shall be 7.3 cents per gallon (4.3 cents per gallon
3

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1 after September 30, 2005).’’ and inserting ‘‘shall

2 be—

3 ‘‘(aa) zero during the 1 year

4 period beginning on the date of

5 the enactment of the American

6 Transportation Recovery Act of

7 2000,

8 ‘‘(bb) 7.3 cents per gallon

9 after the end of the 1 year period

10 under item (aa), and before Octo11 ber 1, 2005, and

12 ‘‘(cc) 4.3 cents per gallon

13 after September 30, 2005.’’.

14 (2) Section 4081(c)(6) of such Code is amended

15 by inserting ‘‘(other than paragraph (5))’’ after

16 ‘‘subsection’’.

17 (3) Section 6412(a)(1) of such Code is

18 amended—

19 (A) by inserting ‘‘(the date of the enact20 ment of the American Transportation Recovery

21 Act of 2000, in the case of diesel fuel)’’ after

22 ‘‘October 1, 2005’’ both places it appears,

23 (B) by inserting ‘‘(the date which is 6

24 months after the date of the enactment of such
4

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1 Act, in the case of diesel fuel) after ‘‘March 31,

2 2006’’ both places it appears, and

3 (C) by inserting ‘‘(the date which is 3

4 months after the date of the enactment of such

5 Act, in the case of diesel fuel) after ‘‘January

6 1, 2006’’.

7 (4) Section 6427(f)(4) of such Code is amended

8 by inserting ‘‘(during the 1 year period beginning on

9 the date of the enactment of the American Trans10 portation Recovery Act of 2000, in the case of diesel

11 fuel)’’ after ‘‘September 30, 2007’’.

12 (c) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section

15 shall take effect on the date of the enactment of this

16 section.

17 (2) DECREASE IN CRUDE OIL PRICES.—If the

18 Secretary of Treasury determines that the average

19 refiner acquisition costs for crude oil are equal to or

20 less than such costs were on December 31, 1999, the

21 amendments made by this section shall cease to take

22 effect and the Internal Revenue Code shall be ad23 ministered as if such amendments did not take ef24 fect.

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