[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1310

 To amend the Internal Revenue Code of 1986 to provide that the harbor 
maintenance tax is applied to certain ports that import cargo exceeding 
                    $100,000,000 in value per year.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2003

   Mr. Kerry 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 provide that the harbor 
maintenance tax is applied to certain ports that import cargo exceeding 
                    $100,000,000 in value per year.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPLICATION OF HARBOR MAINTENANCE TAX TO CERTAIN PORTS 
              IMPORTING CARGO EXCEEDING $100,000,000 IN VALUE.

    (a) In General.--Section 4462(a)(2) of the Internal Revenue Code of 
1986 (defining port) is amended by adding at the end the following new 
subparagraph:
                    ``(D) Special rule for facilities used to transport 
                imported cargo worth more than $100,000,000 in a 
                calendar year.--
                            ``(i) In general.--The exception under 
                        subparagraph (B) shall not apply for a calendar 
                        year if for any preceding calendar year after 
                        2001 the channel or harbor was used to 
                        transport commercial cargo entering the United 
                        States with an aggregate value exceeding 
                        $100,000,000.
                            ``(ii) Reinstatement of exception.--Clause 
                        (i) shall cease to apply to any calendar year 
                        which is after a period of 3 consecutive 
                        calendar years in which--
                                    ``(I) the aggregate value of such 
                                cargo was $100,000,000 or less during 
                                each year, and
                                    ``(II) no Federal funds were used 
                                for construction, maintenance, or 
                                operation.
                            ``(ii) Duration of reinstatement.--Clause 
                        (ii) shall continue to apply to each calendar 
                        year after the first calendar year to which 
                        such clause applies only so long as the 
                        aggregate value of such cargo was $100,000,000 
                        or less during the preceding calendar year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2003.
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