Sec. 1110. DONOR PORTS AND ENERGY TRANSFER PORTS
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## SEC. 1110 DONOR PORTS AND ENERGY TRANSFER PORTS Section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) is amended— ####
(1)in subsection (a)— #####
(A)by redesignating paragraphs
(2)through
(6)as paragraphs
(3)through (7), respectively; #####
(B)by inserting after paragraph
(1)the following: > > #### “(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.” > ; #####
(C)in paragraph
(3)(as redesignated)— ######
(i)by redesignating subparagraphs
(A)through
(D)as clauses
(i)through (iv), respectively, and indenting appropriately; ######
(ii)in the matter preceding clause
(i)(as redesignated) by striking “ The term ” and inserting the following: > > ##### “(A) In general > > The term” > ; and ######
(iii)by adding at the end the following: > > ##### “(B) Calculation > > For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.” > ; #####
(D)in paragraph (5)(A) (as redesignated), by striking “Code of Federal Regulation” and inserting “Code of Federal Regulations”; and #####
(E)by adding at the end the following: > > #### “(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.” > ; ####
(2)in subsection (b)— #####
(A)in paragraph (1), by striking “donor ports” and inserting “donor ports, medium-sized donor ports,”; and #####
(B)in paragraph (2)— ######
(i)in subparagraph (A), by striking “and” at the end; and ######
(ii)by striking subparagraph
(B)and inserting the following: > > ##### “(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.” > ; ####
(3)in subsection (c)— #####
(A)in the matter preceding paragraph (1), by striking “donor port” and inserting “donor port, a medium-sized donor port,”; and #####
(B)in paragraph (1)— ######
(i)by striking “or shippers transporting cargo”; ######
(ii)by striking “U.S. Customs and Border Protection” and inserting “the Secretary”; and ######
(iii)by striking “amount of harbor maintenance taxes collected” and inserting “value of discretionary cargo”; ####
(4)by striking subsection
(d)and inserting the following: > > ### “(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.” > ; ####
(5)in subsection (f)— #####
(A)in paragraph
(1)by striking “2018” and inserting “2020”; #####
(B)by striking paragraph
(2)and inserting the following: > > #### “(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.” > ; and #####
(C)in paragraph (3)— ######
(i)by striking “2015 through 2018” and inserting “2016 through 2020”; and ######
(ii)by striking “2019 through 2022” and inserting “2021 through 2025”; and ####
(6)by adding at the end the following: > > ### “(g) 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. 1110
DONOR PORTS AND ENERGY TRANSFER PORTS
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