S.Amdt. 2339

SA 2339. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle H of title X of division A, add the
following:

SEC. ___. PAYMENT TO CERTAIN INDIVIDUALS WHO DYE FUEL.

(a) In General.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:

``SEC. 6434. DYED FUEL.

``(a) In General.--If a person establishes to the
satisfaction of the Secretary that such person meets the
requirements of subsection (b) with respect to diesel fuel or
kerosene, then the Secretary shall pay to such

[[Page S4671]]

person an amount (without interest) equal to the tax
described in subsection (b)(2)(A) with respect to such diesel
fuel or kerosene.
``(b) Requirements.--
``(1) In general.--A person meets the requirements of this
subsection with respect to diesel fuel or kerosene if such
person removes from a terminal eligible indelibly dyed diesel
fuel or kerosene.
``(2) Eligible indelibly dyed diesel fuel or kerosene
defined.--The term `eligible indelibly dyed diesel fuel or
kerosene' means diesel fuel or kerosene--
``(A) with respect to which a tax under section 4081 was
previously paid (and not credited or refunded), and
``(B) which is exempt from taxation under section 4082(a).
``(c) Cross Reference.--For civil penalty for excessive
claims under this section, see section 6675.''.
(b) Conforming Amendments.--
(1) Section 6206 of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``or 6427'' each place it appears and
inserting ``6427, or 6434''; and
(B) by striking ``6420 and 6421'' and inserting ``6420,
6421, and 6434''.
(2) Section 6430 of such Code is amended--
(A) by striking ``or'' at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
``, or'', and by adding at the end the following new
paragraph:
``(4) which are removed as eligible indelibly dyed diesel
fuel or kerosene under section 6434.''.
(3) Section 6675 of such Code is amended--
(A) in subsection (a), by striking ``or 6427 (relating to
fuels not used for taxable purposes)'' and inserting ``6427
(relating to fuels not used for taxable purposes), or 6434
(relating to eligible indelibly dyed fuel)''; and
(B) in subsection (b)(1), by striking ``6421, or 6427,''
and inserting ``6421, 6427, or 6434,''.
(4) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:

``Sec. 6434. Dyed fuel.''.
(c) Effective Date.--The amendments made by this section
shall apply to eligible indelibly dyed diesel fuel or
kerosene removed on or after the date that is 180 days after
the date of the enactment of this section.
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