S.Amdt. 2365

SA 2365. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell 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. __. INFLATION ADJUSTMENT FOR TAX ON GASOLINE AND DIESEL
FUEL.

(a) Adjustment for Manufacturer Level Tax.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 32 of the Internal Revenue Code of 1986 is amended by
redesignating section 4084 as section 4085 and inserting
after section 4083 the following new section:

``SEC. 4084. INFLATION ADJUSTMENT FOR GASOLINE, KEROSENE, AND
DIESEL FUEL.

``(a) In General.--In the case of any calendar year
beginning after 2015, each of the specified amounts shall be
adjusted by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(b) Specified Amounts.--For purposes of subsection (a),
the specified amounts are--
``(1) the 18.3 cent amount under section 4081(a)(2)(A)(i),
``(2) the 24.3 cent amount under section
4081(a)(2)(A)(iii), and
``(3) the 19.7 cent amount under section 4081(a)(2)(D).
``(c) Rounding.--If any amount as adjusted under subsection
(a) is not a multiple of 0.1 cents, such amount shall be
rounded to the next highest multiple of 0.1 cents.
``(d) Floor Stocks Tax.--
``(1) In general.--There is hereby imposed on any
applicable fuel held on an inflation adjustment date, by any
person a tax equal to--
``(A) the tax which would have been imposed under section
4081 on the day before such inflation adjustment date on such
applicable fuel had the most recent inflation adjustment
under subsection (a) been in effect at all times before such
inflation adjustment date, reduced by
``(B) the tax imposed under section 4081 on such applicable
fuel before such inflation adjustment date.
``(2) Liability for tax and method of payment.--
``(A) Liability for tax.--A person holding an applicable
fuel on an inflation adjustment date to which the tax imposed
by paragraph (1) applies shall be liable for such tax.
``(B) Method of payment.--The tax imposed by paragraph (1)
shall be paid in such manner as the Secretary shall
prescribe.
``(C) Time for payment.--The tax imposed by paragraph (1)
shall be paid on or before the date which is 3 months after
the inflation adjustment date.
``(3) Definitions.--For purposes of this subsection--
``(A) Held by a person.--An applicable 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).
``(B) Applicable fuel.--The term `applicable fuel' means
gasoline (other than aviation gasoline), diesel fuel, and
kerosene.
``(C) Inflation adjustment date.--The term `inflation
adjustment date' means any date on which there is an increase
in tax by reason of an adjustment under subsection (a).
``(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to applicable fuel held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 is allowable for
such use.
``(5) Exception for fuel held in vehicle tank.--No tax
shall be imposed by paragraph (1) on applicable fuel held in
the tank of a vehicle.''.
(2) Conforming amendments.--
(A) Section 4081(a)(2)(D) of the Internal Revenue Code of
1986 is amended by striking ``for `24.3 cents' '' and
inserting ``for the dollar applicable thereunder.''
(B) The table of sections for subpart A of part III of
subchapter A of chapter 32 of the Internal Revenue Code of
1986 is amended by redesignating the item relating to section
4084 as relating to section 4085 and by inserting after the
item relating to section 4083 the following new item:

``Sec. 4084. Inflation adjustment for gasoline, kerosene, and diesel
fuel.''.

(b) Adjustment for Retail Tax.--Section 4041 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(c) Inflation Adjustment for Certain Tax Rates.--
``(1) In general.--In the case of any calendar year
beginning after 2015, each of the specified amounts shall be
adjusted by an amount equal to--
``(A) such amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Specified amount.--For purposes of paragraph (1), the
specified amounts are--
``(A) the 24.3 cent amount under subsection (a)(2)(B)(ii),
``(B) the 18.3 cent amount under subsection (a)(3),
``(C) the 9.15 cent amount under subsection (m)(1)(A)(i),
and
``(D) the 11.3 cent amount under subsection (m)(1)(A)(ii).
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of 0.1 cents, such amount shall be
rounded to the next highest multiple of 0.1 cents.''.
(c) Effective Date.--The amendments made by this section
shall apply to fuel removed, entered, sold, or used after
December 31, 2015.
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