I 117TH CONGRESS 1ST SESSION H. R. 4642 To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to Puerto Rico and the Virgin Islands, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 22, 2021 Miss GONZA´LEZ-COLO´N (for herself and Ms. PLASKETT) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to Puerto Rico and the Virgin Islands, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. COVER OVER OF CERTAIN DISTILLED SPIRITS 3 TAXES. 4 (a) REPEAL OF LIMITATION ON COVER OVER OF 5 DISTILLED SPIRITS TAXES TO PUERTO RICO AND VIRGIN 6 ISLANDS.— 7 VerDate Sep 11 2014 03:39 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4642.IH H4642 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4642 IH (1) IN GENERAL.—Section 7652 of the Internal 1 Revenue Code of 1986 is amended by striking sub- 2 section (f) and by redesignating subsections (g) and 3 (h) as subsections (f) and (g), respectively. 4 (2) EFFECTIVE DATE.—The amendments made 5 by this subsection shall apply to distilled spirits 6 brought into the United States after December 31, 7 2020. 8 (b) REQUIRED TRANSFER TO PUERTO RICO CON- 9 SERVATION TRUST FUND OF PORTION OF PUERTO RICO 10 RUM COVER OVER.— 11 (1) IN GENERAL.—Section 7652(a) of the In- 12 ternal Revenue Code of 1986 is amended by adding 13 at the end the following new paragraph: 14 ‘‘(4) REQUIRED TRANSFER TO PUERTO RICO 15 CONSERVATION TRUST FUND OF PORTION OF RUM 16 TAXES COVERED OVER.— 17 ‘‘(A) IN GENERAL.—From any taxes col- 18 lected on rum transported to the United States 19 that are covered into the treasury of Puerto 20 Rico under paragraph (3) at a rate equal to or 21 greater than $10.50 per proof gallon, Puerto 22 Rico shall transfer to the Puerto Rico Con- 23 servation Trust Fund an amount per proof gal- 24 lon equal to or greater than 1⁄6 of the difference 25 VerDate Sep 11 2014 03:39 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4642.IH H4642 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4642 IH between $10.50 and the rate, not to exceed 1 $13.25, at which such taxes are covered into 2 such treasury. Puerto Rico’s obligations under 3 this paragraph shall not modify or impair pay- 4 ment priorities established under Puerto Rico 5 law and in effect on May 21, 2021. 6 ‘‘(B) PUERTO RICO CONSERVATION TRUST 7 FUND.—For purposes of this section, the term 8 ‘Puerto Rico Conservation Trust Fund’ means 9 the fund established pursuant to a Memo- 10 randum of Understanding between the United 11 States Department of the Interior and the 12 Commonwealth of Puerto Rico, dated December 13 24, 1968.’’. 14 (2) COVER OVER DETERMINED WITHOUT RE- 15 GARD TO CERTAIN RATE REDUCTIONS.—Section 16 7652(h) of such Code, as amended by subsections 17 (a) and (c), is amended by inserting ‘‘(a)(4),’’ after 18 ‘‘(a)(3),’’. 19 (3) EFFECTIVE DATE.—The amendments made 20 by this subsection shall apply to articles containing 21 distilled spirits brought into the United States after 22 December 31, 2020. 23 (c) COVER OVER DETERMINED WITHOUT REGARD 24 TO CERTAIN RATE REDUCTIONS.— 25 VerDate Sep 11 2014 03:39 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4642.IH H4642 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4642 IH (1) IN GENERAL.—Section 7652 of the Internal 1 Revenue Code of 1986, as amended by subsection 2 (a), is amended by inserting after subsection (g) the 3 following new subsection: 4 ‘‘(h) COVER OVER DETERMINED WITHOUT REGARD 5 TO CERTAIN RATE REDUCTIONS.—For purposes of sub- 6 sections (a)(3), (b)(3), and (e), the amount of taxes im- 7 posed and collected under section 5001(a)(1) shall be de- 8 termined without regard to section 5001(c).’’. 9 (2) CONFORMING AMENDMENT.—Section 10 7652(e) of such Code is amended by striking para- 11 graph (5). 12 (3) EFFECTIVE DATE.—The amendments made 13 by this subsection shall take effect as if included in 14 section 13807 of Public Law 115–97. 15 (d) DETERMINATION OF AMOUNT OF TAXES COL- 16 LECTED.— 17 (1) IN GENERAL.—Section 7652 of the Internal 18 Revenue Code of 1986 is amended by striking sub- 19 section (i). 20 (2) EFFECTIVE DATE.—The amendment made 21 by this subsection shall take effect as if included in 22 section 107 of Public Law 116–260. 23 Æ VerDate Sep 11 2014 03:39 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4642.IH H4642 kjohnson on DSK79L0C42PROD with BILLS