Sec. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS
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## SEC. 2106 ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS **[**[33 U.S.C. 2238c](/us/usc/t33/s2238c)**]** ###
(a)Definitions In this section: ####
(1)Cargo container The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. ####
(2)Discretionary cargo The term “**discretionary cargo**” means maritime cargo for which the United States port of unlading is different than the United States port of entry. ####
(3)Donor port #####
(A)In general The term “donor port” means a port— ######
(i)that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); ######
(ii)at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; ######
(iii)that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and ######
(iv)that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012. **[**Note: Effective on October 1, 2022, section 104(b)(1)(A) of division AA of Public Law 116–260 provides for amendments to section 2106(a)(3)(A). Upon such date, subparagraph
(A)(as amended) will read as follows:**]** #####
(A)In general The term “donor port” means a port— ######
(i)that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); ######
(ii)at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; ######
(iii)that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and ######
(iv)that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years. #####
(B)Calculation For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. ####
(4)Energy commodity The term “energy commodity” includes— #####
(A)petroleum products; #####
(B)natural gas; #####
(C)coal; #####
(D)wind and solar energy components; and #####
(E)biofuels. ####
(5)Energy transfer port The term “energy transfer port” means a port— #####
(A)that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and #####
(B)######
(i)at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and ######
(ii)through which more than 40,000,000 tons of cargo were transported in fiscal year 2012. **[**Note: Effective on October 1, 2022, section 104(b)(1)(B) of division AA of Public Law 116–260 provides for amendments to section 2106(a)(5)(B). Upon such date, subparagraph
(B)(as amended) will read as follows:**]** #####
(B)######
(i)at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and ######
(ii)through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. ####
(6)Expanded uses The term “expanded uses” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)). ####
(7)Harbor maintenance tax The term “harbor maintenance tax” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)). ####
(8)Medium-sized donor port The term “**medium-sized donor port**” means a port— #####
(A)that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); #####
(B)at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; #####
(C)that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and #####
(D)that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal year 2012. **[**Note: Effective on October 1, 2022, subparagraphs
(C)and
(D)of section 104(b)(1) of division AA of Public Law 116–260 provides for amendments to section 2106(a) by redesignating paragraph
(8)as paragraph (9), adding after paragraph
(7)a new paragraph (8), and further amending paragraph
(9)as so redesignated. Upon such date, paragraphs
(8)and
(9)(as amended) will read as follows:**]** ####
(8)Harbor maintenance trust fund The term “**Harbor Maintenance Trust Fund**” means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. ####
(9)Medium-sized donor port The term “**medium-sized donor port**” means a port— #####
(A)that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); #####
(B)at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; #####
(C)that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and #####
(D)that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels on an average annual basis for the previous 3 fiscal years. ###
(b)Authority ####
(1)In general Subject to the availability of appropriations, the Secretary may provide to donor ports, medium-sized donor ports, and energy transfer ports amounts in accordance with this section. ####
(2)Limitations Amounts provided under this section— #####
(A)for energy transfer ports shall be divided equally among all States with an energy transfer port; #####
(B)shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and #####
(C)for donor ports and medium-sized donor ports— ######
(i)50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and ######
(ii)50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port. ###
(c)Use of Funds Amounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port— ####
(1)to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo; ####
(2)for expanded uses; or ####
(3)for environmental remediation related to dredging berths and Federal navigation channels. ###
(d)Administration of Payments ####
(1)In general If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is— #####
(A)shipped through the port; and #####
(B)most at risk of diversion to seaports outside of the United States. ####
(2)Requirement The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers. ### (e)3 Report to Congress ####
(1)In general Not later than 18 months after the date of enactment of this section, the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority. ####
(2)Factors In carrying out the assessment under paragraph (1), the Secretary shall assess— #####
(A)the impact of the amounts provided and used under this section on those ports that received funds under this section; and #####
(B)any impact on domestic harbors and ports that did not receive funds under this section. 3Effective on October 1, 2022, subsection
(e)is repealed by section 104(b)(2)(A) of division AA of Public Law 116-260. ### (f)4 Authorization of Appropriations ####
(1)In general There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2022. ####
(2)Division between donor ports, medium-sized donor ports, and energy transfer ports For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to— #####
(A)donor ports and medium-sized donor ports; and #####
(B)energy transfer ports. 4See details in a note that follows subsection
(g)regarding the status of subsections
(e)through
(g)of section 2106 as in effect beginning on October 1, 2022. ### (g)4 Savings Clause Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46, United States Code. **[**Note: Effective on October 1, 2022, section 104(b)(2) of division AA of Public Law 116–260 provides for amendments to section 2106 by striking subsection (e), redesignating subsections
(f)and
(g)as subsections
(e)and (f), and amending to read paragraph
(1)of subsection
(e)as so redesignated. Upon such date, subsections
(e)and
(f)(as amended) will read as follows:**]** ###
(e)Authorization of Appropriations ####
(1)In general There are authorized to be appropriated to carry out this section— #####
(A)$56,000,000 for fiscal year 2023; #####
(B)$58,000,000 for fiscal year 2024; #####
(C)$60,000,000 for fiscal year 2025; #####
(D)$62,000,000 for fiscal year 2026; #####
(E)$64,000,000 for fiscal year 2027; #####
(F)$66,000,000 for fiscal year 2028; #####
(G)$68,000,000 for fiscal year 2029; and #####
(H)$70,000,000 for fiscal year 2030. ####
(2)Division between donor ports, medium-sized donor ports, and energy transfer ports For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to— #####
(A)donor ports and medium-sized donor ports; and #####
(B)energy transfer ports. ###
(f)Savings Clause Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46, United States Code.
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Sec. 2106
ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS
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