S. 1450 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1450 IN THE SENATE OF THE UNITED STATES August 1, 2013 Mr. Rockefeller 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 an ad valorem excise tax on certain passenger cruise voyages, and for other purposes. 1. Excise tax on gross receipts derived from cruises (a) In general Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after section 4472 the following: II Ad valorem tax Sec. 4476. Imposition of tax. Sec. 4477. Definitions. 4476. Imposition of tax (a) In general In addition to any other tax, there is hereby imposed a tax of 5 percent of the allocable amount with respect to any covered passenger cruise. (b) By whom paid The tax imposed by this section shall be paid by the person providing the covered passenger cruise. 4477. Definitions For purposes of this section— (1) Covered passenger cruise (A) In general The term covered passenger cruise means a voyage of a commercial passenger cruise vessel— (i) that extends over 1 or more nights, and (ii) during which passengers embark or disembark the vessel in the United States. (B) Exceptions for certain voyages Such term shall not include any voyage— (i) on any vessel owned or operated by the United States, a State, or any subdivision thereof, (ii) which occurs exclusively on the inland waterways of the United States, or (iii) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. (2) Passenger cruise vessel (A) In general The term passenger cruise vessel means any passenger vessel— (i) having berth or stateroom accommodations for at least 250 passengers, and (ii) that is used in the business of carrying passengers for hire. (B) Exceptions Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. (C) Definitions Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title. (3) Allocable amount The term allocable amount means— (A) in the case in which a majority of the passengers on any covered passenger cruise embark or disembark in the United States, 100 percent of the gross receipts attributable to such covered passenger cruise, and (B) in any other case, 50 percent of the gross receipts attributable to such covered passenger cruise. (4) United States The term United States includes any possession of the United States. . (b) Conforming amendment Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by striking all preceding section 4471 and inserting the following: B Transportation by water Part I—Per passenger tax Part II—Ad valorem tax I Per passenger tax Sec. 4471. Imposition of tax. Sec. 4472. Definitions. . (c) Effective date The amendments made by this section shall apply to voyages made after the date of the enactment of this Act. 2. Intermodal Infrastructure Trust Fund (a) In general Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Intermodal Infrastructure Trust Fund (a) Creation of trust fund There is hereby established in the Treasury of the United States a trust fund to be known as the Intermodal Infrastructure Trust Fund, consisting of such amounts as may be appropriated or credited to the Intermodal Infrastructure Trust Fund in this section or section 9602(b). (b) Transfers to Intermodal Infrastructure Trust Fund There are hereby appropriated to the Intermodal Infrastructure Trust Fund amounts equivalent to the taxes received in the Treasury under section 4471. (c) Expenditures from Intermodal Infrastructure Trust Fund Amounts in the Intermodal Infrastructure Trust Fund shall be available, as provided in appropriations Acts, for transportation improvement, including— (1) the construction or improvement of— (A) passenger or freight rail lines, (B) highways, (C) bridges, (D) airports, (E) air traffic control systems, (F) port or marine facilities, (G) inland waterways, (H) transmission or distribution pipelines, (I) public transportation facilities or systems, (J) intercity passenger bus or passenger rail facilities or equipment, and (K) freight rail facilities or equipment, and (2) planning, preparation, or design of any project described in paragraph (1). . (b) Clerical amendment The table of sections for subchapter A of Chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Intermodal Infrastructure Trust Fund. .