[Congressional Record Volume 166, Number 105 (Monday, June 8, 2020)]
[Senate]
[Pages S2765-S2767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1593. Mrs. MURRAY (for herself, Ms. Cantwell, Mr. Durbin, Ms.
Stabenow, Ms. Duckworth, and Mr. Schumer) submitted an amendment
intended to be proposed by her to the bill S. 3591, to provide for
improvements to the rivers and harbors of the United States, to provide
for the conservation and development of water and related resources, to
provide for water pollution control activities and for other purposes;
which was ordered to lie on the table; as follows:
=========================== NOTE ===========================
On page S2765, June 8, 2020, in the third column, the following
appears: SA 1593. Mrs. MURRAY (for herself, Ms. Cantwell, Mr.
Durbin, Ms. Stabenow, Ms. Duckworth, and Mr. Schumer) submitted an
amendment intended to be proposed by her to the bill H.R. 1957, to
amend the Internal Revenue Code of 1986 to modernize and improve
the Internal Revenue Service, and for other purposes; which was
ordered to lie on the table; as follows:
The online Record has been corrected to read: SA 1593. Mrs.
MURRAY (for herself, Ms. Cantwell, Mr. Durbin, Ms. Stabenow, Ms.
Duckworth, and Mr. Schumer) submitted an amendment intended to be
proposed by her to the bill S. 3591, to provide for improvements
to the rivers and harbors of the United States, to provide for the
conservation and development of water and related resources, to
provide for water pollution control activities and for other
purposes; which was ordered to lie on the table; as follows:
========================= END NOTE =========================
At the appropriate place in subtitle A of title I, insert
the following:
SEC. 1___. HARBOR MAINTENANCE TRUST FUND REFORM.
(a) Expenditure of Collections From Harbor Maintenance
Trust Fund.--
(1) In general.--Section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) is amended--
(A) by striking the section designation and heading and
inserting the following:
[[Page S2766]]
``SEC. 210. EXPENDITURE OF RECEIPTS FROM HARBOR MAINTENANCE
TRUST FUND.'';
(B) by striking subsections (d) and (e);
(C) by redesignating subsections (a), (b), (c), and (f) as
subsections (b), (c), (d), and (a), respectively, and moving
the subsections so as to appear in alphabetical order;
(D) in subsection (a) (as so redesignated)--
(i) in paragraph (2), by striking ``referred to in
subsection (a)(2)'';
(ii) in paragraphs (6) and (7), by striking ``subsection
(a)(2)'' each place it appears and inserting ``subsection
(b)(1)(B)'';
(iii) by striking paragraphs (8) and (9);
(iv) by redesignating paragraphs (1) through (7) as
paragraphs (2), (5), (8), (9), (10), (12), and (14),
respectively;
(v) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Cargo container.--The term `cargo container' means a
cargo container that is 1 Twenty-foot Equivalent Unit.'';
(vi) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Discretionary cargo.--The term `discretionary cargo'
means maritime cargo for which the United States port of
unloading is different than the United States port of entry.
``(4) 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, on an average annual basis for the
previous 3 fiscal years, the total amount of harbor
maintenance taxes collected, including domestic cargo and
cruise passenger estimates, was not less than $15,000,000;
``(iii) that, on an annual average basis for the previous 5
fiscal years, received less than 25 percent of the total
amount of harbor maintenance taxes collected at that port;
and
``(iv) that is located in a State in which, on an average
annual basis for the previous 3 fiscal years, more than
2,000,000 cargo containers were unloaded from or loaded onto
vessels.
``(B) Calculation.--For the purpose of calculating the
percentage described in subparagraph (A)(iii), payments
described in subsection (d)(3)(B)(i) shall not be
included.'';
(vii) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Energy commodity.--The term `energy commodity'
includes--
``(A) petroleum products;
``(B) natural gas;
``(C) coal;
``(D) wind and solar energy components; and
``(E) biofuels.
``(7) 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 a
successor regulation);
``(B) through which, on an average annual basis for the
previous 3 fiscal years, more than 40,000,000 tons of cargo
were transported; and
``(C) at which, on an average annual basis for the previous
3 fiscal years, energy commodities comprised greater than 25
percent of all commercial activity by tonnage.'';
(viii) in paragraph (8) (as so redesignated), by adding at
the end the following:
``(C) An in-water improvement, if the improvement--
``(i) benefits commercial navigation at the applicable
harbor; and
``(ii) is located in, or adjacent to, a berth that is
accessible to a Federal navigation project.
``(D) An activity to maintain or improve slope stability at
a berth in a harbor that is accessible to a Federal
navigation project, if the activity benefits commercial
navigation at the harbor.'';
(ix) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) 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.''; and
(x) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) Medium-sized donor port.--
``(A) In general.--The term `medium-sized 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, on an annual average basis for the
previous 3 fiscal years, the total amount of harbor
maintenance taxes collected, including domestic cargo and
cruise passenger estimates, was more than $5,000,000, but
less than $15,000,000;
``(iii) that, on an average annual basis for the previous 5
fiscal years, received less than 25 percent of the total
amount of harbor maintenance taxes collected at that port;
and
``(iv) that is located in a State in which, on an average
annual basis for the previous 3 fiscal years, more than
2,000,000 cargo containers were unloaded from or loaded onto
vessels.
``(B) Calculation.--For the purpose of calculating the
percentage described in subparagraph (A)(iii), payments
described in subsection (d)(3)(B)(i) shall not be
included.'';
(E) in subsection (b) (as so redesignated)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(ii) in subparagraph (A) (as so redesignated), by striking
``and'' at the end;
(iii) in subparagraph (B) (as so redesignated), by striking
the period at the end and inserting the following: ``; and
``(C) up to 100 percent of the eligible costs to donor
ports, medium-sized donor ports, and energy transfer ports,
in accordance with this section.'';
(iv) in the matter preceding subparagraph (A) (as so
redesignated)--
(I) by striking ``, established by section 9505 of the
Internal Revenue Code of 1954,''; and
(II) by striking ``There are'' and inserting the following:
``(1) In general.--There are''; and
(v) by adding at the end the following:
``(2) Limitations.--
``(A) Energy transfer ports.--The amounts available under
this subsection for energy transfer ports shall be divided
equally among all States that contain an energy transfer
port.
``(B) Donor ports and medium-sized donor ports.--Of the
amounts available under this subsection for donor ports and
medium-sized donor ports--
``(i) 50 percent shall be equally divided among eligible
donor ports, in accordance with this section; and
``(ii) 50 percent shall be divided between eligible donor
ports and 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) Great lakes navigation system.--Of the amounts
available under this subsection, the Secretary shall use not
less than 12 percent for projects that are located within the
Great Lakes Navigation System.
``(D) Emerging harbors.--Of the amounts available under
this subsection, the Secretary shall use not less than 12
percent for emerging harbor projects.
``(E) Allocation.--
``(i) In general.--Amounts provided to a port under this
subsection shall be available to the port as--
``(I) a donor port;
``(II) a medium-sized donor port; or
``(III) an energy transfer port.
``(ii) Treatment.--No port may receive amounts made
available under this subsection for more than 1 designation
described in clause (i).'';
(F) in subsection (d) (as so redesignated)--
(i) by striking the subsection designation and heading and
all that follows through ``the Secretary'' in paragraph (1)
and inserting the following:
``(d) Use of Funds.--
``(1) Allocations.--The Secretary'';
(ii) in paragraph (1), by striking ``subsection (a)(2),
including expenditures of funds appropriated from the Harbor
Maintenance Trust Fund'' and inserting ``subsection
(b)(1)(B)'';
(iii) by redesignating paragraph (4) as paragraph (5); and
(iv) by striking paragraph (3) and inserting the following:
``(3) Donor ports and energy transfer ports.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall use amounts in the Harbor Maintenance Trust
Fund to pay the costs described in subsection (b)(1)(C), in
accordance with the applicable allocations under paragraph
(4).
``(B) Use of funds.--The amounts provided under this
paragraph may be used at a donor port, a medium-sized donor
port, or an energy transfer port--
``(i) to provide payments to importers entering cargo
through that port, as calculated by the Secretary according
to the value of discretionary cargo and in accordance with
subparagraph (C);
``(ii) for expanded uses; or
``(iii) for environmental remediation related to dredging
berths and Federal navigation channels.
``(C) Administration of payments.--
``(i) In general.--If a donor port, medium-sized donor
port, or energy transfer port elects to provide payments to
importers pursuant to subparagraph (B)(i), the Secretary
shall transfer to the Commissioner of U.S. Customs and Border
Protection those payments that would otherwise be provided to
the port under this paragraph to provide payments to the
importers of discretionary cargo that is--
``(I) shipped through the port; and
``(II) most at risk of diversion to seaports outside the
United States.
``(ii) Requirement.--The Secretary, in consultation with a
port electing to provide payments pursuant to subparagraph
(B)(i), 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.
``(4) Spending by annual hmtf receipts.--For each fiscal
year, the amounts provided to carry out subparagraphs (B) and
(C) of subsection (b)(1) shall be distributed in accordance
with the following:
``(A) 85 percent shall be used in accordance with
subsection (b)(1)(B); and
``(B) 15 percent shall be used in accordance with
subsection (b)(1)(C), of which--
[[Page S2767]]
``(i) not less than 5 percent shall be provided to energy
transfer ports in accordance with subsection (b)(2)(A); and
``(ii) not less than 10 percent shall be provided to donor
ports and medium-sized donor ports in accordance with
subsection (b)(2)(B).''; and
(G) by inserting after subsection (d) (as so redesignated)
the following:
``(e) Emergency Expenditures.--Nothing in this section
prohibits the Secretary from making an expenditure to pay for
the operation and maintenance costs of a specific harbor or
inland harbor, including the transfer of funding from the
operation and maintenance of a separate project, if--
``(1) the Secretary determines that the action is necessary
to address the navigation needs of a harbor or inland harbor
where safe navigation has been severely restricted due to an
unforeseen event; and
``(2) the Secretary provides, by not later than 90 days
after the date of the action, a notice and information
regarding the need for the action to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives.
``(f) Additional Reports.--At the request of the Committee
on Environment and Public Works or the Committee on
Appropriations of the Senate, or the Committee on
Transportation and Infrastructure or the Committee on
Appropriations of the House of Representatives, the Secretary
shall submit to the Committee an update in the form of
testimony and any additional reports regarding the allocation
of funding under this section.
``(g) Adjustments to Discretionary Spending Limits.--
Amounts made available from the Harbor Maintenance Trust Fund
under this section or section 9505 of the Internal Revenue
Code of 1986 shall be made available in accordance with
section 14003 of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136).''.
(2) Donor ports and energy transfer ports.--Section 2106 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2238c) is repealed.
(3) GAO audit.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to Congress a report
describing the results of, a study to determine the means by
which the Corps of Engineers allocates funds in the Harbor
Maintenance Trust Fund established by section 9505 of the
Internal Revenue Code of 1986 based on national needs, as
compared to geographic equity.
(b) Annual Report to Congress.--Section 330 of the Water
Resources Development Act of 1992 (26 U.S.C. 9505 note;
Public Law 102-580) is amended--
(1) in subsection (a)--
(A) by striking ``and annually thereafter,'' and inserting
``and annually thereafter concurrent with the submission of
the annual budget request to Congress under section 1105 of
title 31, United States Code,'';
(B) by striking ``Public Works and Transportation'' and
inserting ``Transportation and Infrastructure''; and
(C) by inserting ``(referred to in this section as the
`trust fund')'' before the period at the end; and
(2) in subsection (b)(1), by adding at the end the
following:
``(D) A description of the expected expenditures from the
trust fund to meet the needs of navigation for the fiscal
year of the budget request.''.
______