[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1450 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1450

  To amend the Internal Revenue Code of 1986 to impose an ad valorem 
excise tax on certain passenger cruise voyages, and for other purposes.


_______________________________________________________________________


                   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.

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

SECTION 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:

                       ``PART II--AD VALOREM TAX

``Sec. 4476. Imposition of tax.
``Sec. 4477. Definitions.

``SEC. 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.

``SEC. 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:

                ``Subchapter B--Transportation by Water

                      ``Part I--Per Passenger Tax

                       ``Part II--Ad Valorem Tax

                      ``PART 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.

SEC. 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:

``SEC. 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.''.
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