[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1380 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1380

To suspend the excise tax on aviation fuel used in commercial aviation 
              during the period of hostilities with Iraq.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2003

  Mr. Sessions (for himself, Mr. Foley, Mr. Tiahrt, Mr. Sullivan, Mr. 
 Shimkus, Mr. Hall, Mr. Sam Johnson of Texas, Mr. LaHood, Mr. Shadegg, 
  Mr. Sweeney, Mr. Tiberi, Mr. English, Mr. Cannon, Mrs. Myrick, Mr. 
  Linder, Mr. Meeks of New York, Mr. Toomey, Mr. Smith of Texas, Mr. 
Mario Diaz-Balart of Florida, Mr. Hensarling, Ms. Dunn, Mr. Renzi, Mr. 
Brady of Texas, Mr. Dreier, and Mr. Fletcher) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To suspend the excise tax on aviation fuel used in commercial aviation 
              during the period of hostilities with Iraq.

    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 ``Travel Related Industries Protection 
Act of 2003''.

SEC. 2. SUSPENSION OF EXCISE TAX ON AVIATION FUEL USED IN COMMERCIAL 
              AVIATION.

    (a) In General.--Tax imposed under section 4091 of the Internal 
Revenue Code of 1986 by reason of section 4092(b)(2) of such Code shall 
be zero during the suspension period.
    (b) Definitions.--For purposes of this Act--
            (1) Suspension period.--The term `suspension period' means 
        the period beginning on the tax suspension date and ending on 
        the suspension termination date.
            (2) Tax suspension date.--The term `tax suspension date' 
        means the date of the enactment of this Act.
            (3) Suspension termination date.--The term `suspension 
        termination date' means the date which is two years after the 
        date of the enactment of this Act.

SEC. 3. FLOOR STOCK REFUNDS.

    (a) In General.--If--
            (1) before the tax suspension date, tax has been imposed 
        under section 4091 of the Internal Revenue Code of 1986 by 
        reason of section 4092(b)(2) of such Code on any liquid, and
            (2) on such date such liquid is held by a dealer and has 
        not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person 
who paid such tax (hereafter in this section referred to as the 
``taxpayer'') an amount equal to the tax paid by the taxpayer.
    (b) Time For Filing Claims.--No credit or refund shall be allowed 
or made under this section unless--
            (1) claim therefor is filed with the Secretary of the 
        Treasury before the date which is 6 months after the tax 
        suspension date, and
            (2) in any case where liquid is held by a dealer (other 
        than the taxpayer) on the tax suspension date--
                    (A) the dealer submits a request for refund or 
                credit to the taxpayer before the date which is 3 
                months after the tax suspension date, and
                    (B) the taxpayer files with the Secretary--
                            (i) a certification that the taxpayer has 
                        given, subsequent to receipt of the request for 
                        refund or credit from such dealer under 
                        subparagraph (A), a credit to such dealer with 
                        respect to such liquid against a purchase by 
                        the dealer of liquid from the taxpayer, and
                            (ii) a certification by such dealer that 
                        such dealer has given, subsequent to the tax 
                        suspension date, a credit to a succeeding 
                        dealer (if any) with respect to such liquid 
                        against a purchase by the succeeding dealer of 
                        liquid from such dealer.
    (c) Reasonableness of Claims Certified.--Any certification made 
under subsection (b)(2)(B) shall include an additional certification 
that the claim for credit was reasonably based on the taxpayer's or 
dealer's past business relationship with the succeeding dealer.
    (d) Definitions.--For purposes of this section--
            (1) the terms ``dealer'' and ``held by a dealer'' have the 
        respective meanings given to such terms by section 6412 of such 
        Code; except that the term ``dealer'' includes a producer, and
            (2) the term ``tax suspension date'' means the date which 
        is the 7th day after the date of the enactment of this Act.
    (e) Certain Rules To Apply.--Rules similar to the rules of 
subsections (b) and (c) of section 6412 of such Code shall apply for 
purposes of this section.

SEC. 4. FLOOR STOCKS TAX.

    (a) Imposition of Tax.--In the case of any liquid subject to tax 
under section 4091 of the Internal Revenue Code of 1986 by reason of 
section 4092(b)(2) of such Code and on which such tax would have been 
imposed but for section 2, and which is held on the suspension 
termination date, by any person, there is hereby imposed a floor stocks 
tax equal to the excess of the tax which would be imposed on such 
liquid had the taxable event occurred on such date over the tax 
previously paid (if any) on such liquid.
    (b) Liability for Tax and Method of Payment.--
            (1) Liability for tax.--A person holding a liquid on the 
        suspension termination date, to which the tax imposed by 
        subsection (a) applies shall be liable for such tax.
            (2) Method of payment.--The tax imposed by subsection (a) 
        shall be paid in such manner as the Secretary shall prescribe.
            (3) Time for payment.--The tax imposed by paragraph (1) 
        shall be paid on or before 45 days after the suspension 
        termination date.
    (c) Definitions.--For purposes of this section--
            (1) Held by a person.--A liquid 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).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
    (d) Other Law Applicable.--All provisions of law, including 
penalties, applicable with respect to the taxes imposed by sections 
4091 and 4092 of such Code shall, insofar as applicable and not 
inconsistent with the provisions of this section, apply with respect to 
the floor stock taxes imposed by subsection (a) to the same extent as 
if such taxes were imposed by such sections.
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