[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5713 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5713
To amend the Internal Revenue Code of 1986 to clarify the eligibility
for certain fuels credits for fuel with insufficient nexus to the
United States.
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IN THE HOUSE OF REPRESENTATIVES
April 4, 2008
Mr. Shadegg introduced the following bill; which was referred to the
Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to clarify the eligibility
for certain fuels credits for fuel with insufficient nexus to the
United States.
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 ``Splash and Dash Correction Act of
2008''.
SEC. 2. STATEMENT OF CONSTITUTIONAL AUTHORITY.
The Congress enacts this Act pursuant to clause 1 of section 8 of
Article I of the United States Constitution and Amendment XVI of the
United States Constitution.
SEC. 3. CLARIFICATION OF ELIGIBILITY FOR CERTAIN FUELS CREDITS FOR FUEL
WITH INSUFFICIENT NEXUS TO THE UNITED STATES.
(a) In General.--
(1) Alcohol credit.--Subsection (d) of section 40 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Limitation to alcohol with connection to the united
states.--
``(A) Alcohol credit.--No alcohol credit shall be
determined under this section with respect to any
alcohol unless such alcohol is produced in the United
States for consumption in the United States or entered
into the United States for consumption in the United
States.
``(B) Alcohol mixture credit.--No alcohol mixture
credit shall be determined under this section with
respect to any mixture unless such mixture is produced
in the United States for consumption in the United
States or entered into the United States for
consumption in the United States.
``(C) No credits for alcohol destined for export.--
No credit (other than the small ethanol producer
credit) shall be determined under this section with
respect to any mixture or alcohol if such mixture or
alcohol is destined for export from the United States
(as determined by the Secretary).''.
(2) Biodiesel credit.--Subsection (d) of section 40A of
such Code is amended by adding at the end the following new
paragraph:
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) Biodiesel credit.--No biodiesel credit shall
be determined under this section with respect to any
biodiesel unless such biodiesel is produced in the
United States for consumption in the United States or
is entered into the United States for consumption in
the United States.
``(B) Biodiesel mixture credit.--No biodiesel
mixture credit shall be determined under this section
with respect to any mixture unless such mixture is
produced in the United States for consumption in the
United States or is entered into the United States for
consumption in the United States.
``(C) No credits for biodiesel destined for
export.--No credit (other than the small agri-biodiesel
producer credit) shall be determined under this section
with respect to any mixture or biodiesel if such
mixture or biodiesel is destined for export from the
United States (as determined by the Secretary).''.
(3) Excise tax credits.--Section 6426 of such Code is
amended by adding at the end the following new subsection:
``(h) Limitation to Fuels With Connection to the United States.--
``(1) Mixture credits.--No credit shall be determined under
this section with respect to any mixture unless such mixture is
produced in the United States for consumption in the United
States or is entered into the United States for consumption in
the United States.
``(2) Alternative fuel credit.--No alternative fuel credit
shall be determined under this section with respect to any
alternative fuel unless such alternative fuel is produced in
the United States for consumption in the United States or is
entered into the United States for consumption in the United
States.
``(3) No credits for fuels destined for export.--No credit
shall be determined under this section with respect to any
mixture or alternative fuel if such mixture or alternative fuel
is destined for export from the United States (as determined by
the Secretary).''.
(4) Payments.--Subsection (e) of section 6427 of such Code
is amended by redesignating paragraph (5) as paragraph (6) and
by inserting after paragraph (4) the following new paragraph:
``(5) Limitation to fuels with connection to the united
states.--No amount shall be payable under paragraph (1) or (2)
with respect to any mixture or alternative fuel if credit is
not allowed with respect to such mixture or alternative fuel by
reason of section 6426(h).''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after the date of the enactment of this Act.
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