I
103D CONGRESS
1ST SESSION
H. R. 2380
To amend the Internal Revenue Code of 1986 to increase the excise tax
on the transportation of passengers by water, to impose an excise tax
on certain containers used to import or export commercial cargo, and
to use the revenues from such taxes for a modified operating differential
subsidy program under the Merchant Marine Act, 1936.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1993
Mr. LIPINSKI introduced the following bill; which was referred jointly to the
Committees on Ways and Means and Merchant Marine and Fisheries
A BILL
To amend the Internal Revenue Code of 1986 to increase
the excise tax on the transportation of passengers by
water, to impose an excise tax on certain containers
used to import or export commercial cargo, and to use
the revenues from such taxes for a modified operating
differential subsidy program under the Merchant Marine
Act, 1936.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Maritime Trust Fund
Act’’.
SEC. 2. MODIFICATIONS IN EXCISE TAX ON TRANSPOR-
TATION OF PASSENGERS BY WATER.
(a) INCREASE IN AMOUNT OF TAX.—Subsection (a)
of section 4471 of the Internal Revenue Code of 1986 is
amended to read as follows:
‘‘(a) IN GENERAL.—There is hereby imposed a tax
equal to 5 percent of the amount paid by each passenger
for a covered voyage.’’
(b) MODIFICATION TO COVERED VOYAGES.—Clause
(i) of section 4472(1)(A) of such Code is amended by in-
serting before the comma ‘‘and which has a port of call
not located in the United States or a possession of the
United States’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 3. EXCISE TAX ON CONTAINERS USED TO IMPORT OR
EXPORT COMMERCIAL CARGO.
(a) IN GENERAL.—Chapter 36 of the Internal Reve-
nue Code of 1986 (relating to certain other excise taxes)
is amended by inserting after subchapter B the following
new subchapter:
‘‘Subchapter C—Containers Used
To Import or Export Cargo
‘‘Sec. 4476. Imposition of tax.
‘‘SEC. 4476. IMPOSITION OF TAX.
‘‘(a) GENERAL RULE.—There is hereby imposed a
tax on any taxable container use.
‘‘(b) AMOUNT OF TAX.—The amount of the tax im-
posed by subsection (a) on any taxable container use is
$15 per 20-foot equivalent unit of the container.
‘‘(c) LIABILITY AND TIME OF IMPOSITION OF TAX.—
‘‘(1) LIABILITY.—The tax imposed by sub-
section (a) shall be paid by the shipper.
‘‘(2) TIME OF IMPOSITION.—Except as other-
wise provided by regulations, the tax imposed by
subsection (a) shall be imposed—
‘‘(A) at the time of exportation in the case
of a use described in subsection (d)(1), and
‘‘(B) at the time of entry in the case of a
use in subsection (d)(2).
‘‘(d) TAXABLE CONTAINER USE.—For purposes of
this section, the term ‘taxable container use’ means—
‘‘(1) the loading of a container containing com-
mercial cargo on a commercial vessel at a port if—
‘‘(A) such cargo is being exported from the
United States, and
‘‘(B) such vessel is to provide the transport
from the United States, and
‘‘(2) the unloading of a container containing
commercial cargo from a commercial vessel at a port
if such cargo is being entered into the United States.
‘‘(e) OTHER DEFINITIONS.—For purposes of this
section—
‘‘(1) IN
GENERAL.—The terms ‘commercial
cargo’, ‘commercial vessel’, and ‘port’ have the re-
spective meanings given such terms under section
4462.
‘‘(2) UNITED
STATES.—The term ‘United
States’ includes the possessions of the United
States.
‘‘(f) SPECIAL RULES.—Rules similar to the rules of
subsections (d), (e), (f), (h), and (i) of section 4462 shall
apply for purposes of this section.’’
(b) CLERICAL AMENDMENT.—The table of sub-
chapters for chapter 36 of such Code is amended by in-
serting after the item relating to subchapter B the follow-
ing new item:
‘‘Subchapter C. Containers used to import or export cargo.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1996.
SEC. 4. MARITIME TRUST FUND.
(a) IN GENERAL.—Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund
code) is amended by adding at the end thereof the follow-
ing new section:
‘‘SEC. 9512. MARITIME TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Maritime Trust Fund’, consisting of
such amounts as may be appropriated or credited to such
Trust Fund as provided in this section or section 9602(b).
‘‘(b) TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—There are hereby appro-
priated to the Maritime Trust Fund amounts equiv-
alent to the net revenues received in the Treasury
from the maritime taxes.
‘‘(2) NET REVENUES.—For purposes of para-
graph (1), the term ‘net revenues’ means the
amount estimated by the Secretary based on the ex-
cess of—
‘‘(A) the maritime taxes received in the
Treasury, over
‘‘(B) the decrease in the tax imposed by
chapter 1 resulting from the maritime taxes.
‘‘(3) MARITIME TAXES.—For purposes of this
subsection, the term ‘maritime taxes’ means—
‘‘(A) the taxes imposed by section 4471
(relating to transportation of passengers by
water) to the extent the taxes received in the
Treasury under such section exceed the amount
that the Secretary estimates would have been
received under such section without regard to
the amendments made by the Maritime Trust
Fund Act, and
‘‘(B) the taxes imposed by section 4476
(relating to containers used to import or export
commercial cargo).
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts
in the Maritime Trust Fund shall be available, as provided
in appropriation Acts, only for purposes of making ex-
penditures to carry out any law which is substantially
similar to the title IV of the Merchant Marine Act, 1936
(46 App. U.S.C. 1171) proposed to be added by H.R.
2151 (The Maritime Security and Competitiveness Act of
1993) of the 103d Congress, as introduced.’’
(b) CLERICAL AMENDMENT.—The table of sections
for such subchapter A is amended by adding at the end
thereof the following new item:
‘‘Sec. 9512. Maritime Trust Fund.’’
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