[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Page S909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Mrs. Hutchison, Mr. Vitter, Ms. 
        Landrieu, Mr. Shelby, Ms. Stabenow, Mrs. Boxer, Ms. Klobuchar, 
        Mr. Wyden, Mr. Franken, Mr. Lieberman, Mr. Brown of Ohio, Mrs. 
        Gillibrand, and Mr. Cornyn):
  S. 412. A bill to ensure that amounts credited to the Harbor 
Maintenance Trust Fund are used for harbor maintenance; to the 
Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, in 1986, the Congress wisely established 
the Harbor Maintenance Trust Fund to pay for operation and maintenance 
of our Nation's harbors. This fund, which is fed by a tax based on the 
value of goods passing through our ports, today has a balance of more 
than $5.7 billion--a significant sum of money to address our Nation's 
need for clear and navigable harbors connecting our Nation's farmers 
and manufacturers to the web of international commerce.
  But that $5.7 billion is not being used that way, or at least, not to 
the extent it should be. Despite that significant balance, our harbors 
are struggling because of unmet maintenance needs. In the Great Lakes 
region alone, more than 18 million cubic yards of material need to be 
dredged from harbors to ensure safe navigation. Dredging these harbors 
would be a $200 million job. And on the coasts, similar backlogs 
threaten the safe and efficient movement of commerce that creates jobs 
and helps the American economy grow. The Army Corps of Engineers 
estimates that the nation's 59 busiest ports are available less than 35 
percent of the time because they are inadequately maintained. Unless we 
act, the failure to address these maintenance needs could slow the flow 
of goods, reduce economic growth, cost jobs, and create hazards to 
navigation that could lead to accidents and environmental damage.
  We need to address that maintenance backlog. The Harbor Maintenance 
Trust Fund can provide the funding to do so. But Congress must take 
action to ensure we address these needs. That is why today, Senator 
Hutchison and I, joined by 12 of our colleagues, have introduced the 
Harbor Maintenance Act of 2011.
  Simply put, our legislation would connect our spending on harbor 
maintenance to the revenue collected in the Harbor Maintenance Trust 
Fund. As commerce continues to grow and shipping becomes an ever-more-
important driver of economic growth, proper maintenance is vital.
  A wise car owner does not ignore the need to change the oil. A smart 
homeowner makes sure the roof is in good shape. They do so because a 
small investment in maintenance today can prevent much bigger costs 
tomorrow. We should follow the same philosophy when it comes to our 
harbors. We should ensure that we make smart investments today that 
will pay off for years to come.
  I thank Senator Hutchison and our co-sponsors for their work on 
behalf of this important legislation, and I urge my colleagues to help 
us ensure its passage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 412

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Harbor Maintenance Act of 
     2011''.

     SEC. 2. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Harbor Maintenance Trust Fund Guarantee.--
       (1) In general.--The total budget resources made available 
     from the Harbor Maintenance Trust Fund each fiscal year 
     pursuant to section 9505(c) of the Internal Revenue Code of 
     1986 (relating to expenditures from the Harbor Maintenance 
     Trust Fund) shall be equal to the level of receipts plus 
     interest credited to the Harbor Maintenance Trust Fund for 
     that fiscal year. Such amounts may be used only for harbor 
     maintenance programs described in section 9505(c) of such 
     Code.
       (2) Guarantee.--No funds may be appropriated for harbor 
     maintenance programs described in such section unless the 
     amount described in paragraph (1) has been provided.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available by 
     appropriations Acts from the Harbor Maintenance Trust Fund 
     for a fiscal year for making expenditures under section 
     9505(c) of the Internal Revenue Code of 1986.
       (2) Level of receipts plus interest.--The term ``level of 
     receipts plus interest'' means the level of taxes and 
     interest credited to the Harbor Maintenance Trust Fund under 
     section 9505 of the Internal Revenue Code of 1986 for a 
     fiscal year as set forth in the President's budget baseline 
     projection as defined in section 257 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-177; 
     99 Stat. 1092) for that fiscal year submitted pursuant to 
     section 1105 of title 31, United States Code.
       (c) Enforcement of Guarantees.--It shall not be in order in 
     the House of Representatives or the Senate to consider any 
     bill, joint resolution, amendment, motion, or conference 
     report that would cause total budget resources in a fiscal 
     year for harbor maintenance programs described in subsection 
     (b)(1) for such fiscal year to be less than the amount 
     required by subsection (a)(1) for such fiscal year.
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