,i #aacth ,,congress #b;d ,session ,h4 ,r4 #daje ,,in ,,the ,,house ,,of ,,representatives ,february #bg1 #bjad ,mr4 ,mc,dermott 7for himself1 ,ms4 ,del,bene1 ,mr4 ,heck of ,washington1 ,mr4 ,kilmer1 ,mr4 ,larsen of ,washington1 and ,mr4 ,smith of ,washington7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a ,maritime ,goods ,movement ,user ,fee and provide grants for international maritime cargo improvements and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,maritime ,goods ,movement ,act for the #bast ,century4 #b4 ,definitions ,in this ,act3 7#a7 ,commercial cargo ,the term commercial cargo-- 7,a7 means-- 7i7 any cargo transported on a commercial vessel1 including passengers transported for compensation or hire2 and 7ii7 international maritime cargo2 and 7,b7 does not include-- 7i7 bunker fuel1 ship's stores1 sea stores1 or the legitimate equipment necessary to the operation of a vessel2 or 7ii7 fish or other aquatic animal life caught and not previously landed on shore4 7#b7 ,commercial vessel ,the term commercial vessel-- 7,a7 means any vessel used-- 7i7 in transporting cargo by water for compensation or hire2 or 7ii7 in transporting cargo by water in the business of the owner1 lessee1 or operator of the vessel2 and 7,b7 does not include any ferry engaged primarily in the ferrying of passengers 7including their vehicles7 between points within the ,united ,states1 or between the ,united ,states and contiguous countries4 7#c7 ,ferry ,the term ferry means any vessel which arrives in the ,united ,states on a regular schedule during its operating season at intervals of at least once each business day4 7#d7 ,international maritime cargo ,the term international maritime cargo means any cargo moved by ship that is imported directly into the ,united ,states from a point outside the ,united ,states1 including-- 7,a7 cargo that arrives in the ,united ,states by ship2 or 7,b7 cargo that is unloaded in an intermediate country and arrives in the ,united ,states by another form of transit without being altered in any manner in the intermediate country4 7#e7 ,low-use port ,the term low-use port means a port at which not more than #a1jjj1jjj tons of cargo is transported each calendar year4 7#f7 ,point of entry ,the term point of entry means a place where commercial cargo enters the ,united ,states4 7#g7 ,port 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 or otherwise specifically provided in this ,act1 the term port means any channel or harbor 7or component thereof7 in the ,united ,states1 which-- 7i7 is not an inland waterway2 and 7ii7 is open to public navigation4 7,b7 ,exception for certain facilities ,the term port does not include any channel or harbor with respect to which no ,federal funds have been used since #aigg for construction1 maintenance1 or operation1 or which was deauthorized by ,federal law before #bjac4 7,c7 ,special rule for the ,columbia ,river ,the term port shall include the channels of the ,columbia ,river in the ,states of ,oregon and ,washington only up to the downstream side of the ,bonneville ,lock and ,dam4 7#h7 ,super donor port 7,a7 ,in general ,the term super donor port means a port for which average expenditures in the #e previous fiscal years-- 7i7 for fiscal years beginning prior to the date of the enactment of this ,act1 from the ,harbor ,maintenance ,trust ,fund pursuant to section #ieje7;c77#a7 of the ,internal ,revenue ,code of #aihf 7relating to expenditures from the ,harbor ,maintenance ,trust ,fund7 are less than #aj percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years2 or 7ii7 for fiscal years beginning after such date of enactment1 from the amounts collected for the ,maritime ,goods ,movement ,user ,fee are less than #aj percent of the total average amount of such ,fees collected through landings at such port4 7,b7 ,included expenditures ,the amount of expenditures under subparagraph 7,a7 shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the ,united ,states that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports4 7#i7 ,value ,the term value means-- 7,a7 with respect to domestic commercial cargo1 the value as determined by standard commercial documentation2 7,b7 with respect to imported commercial cargo1 the appraised value for duty as determined under section #djb of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja;a72 or 7,c7 with respect to the transportation of passengers for hire1 the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid4 #c4 ,establishment of ,maritime ,goods ,movement ,user ,fee 7a7 ,establishment of fee 7#a7 ,in general ,except as otherwise provided in this section1 there is imposed a ,maritime ,goods ,movement ,user ,fee on all commercial cargo-- 7,a7 unloaded from or loaded on a commercial vessel at a port2 or 7,b7 that enters the ,united ,states at a point of entry4 7#b7 ,effective date ,the ,maritime ,goods ,movement ,user ,fee shall be imposed on commercial cargo under paragraph 7#a7 beginning on ,october #a of the first fiscal year beginning after the date of the enactment of this ,act4 7b7 ,fee amount ,the amount of the ,maritime ,goods ,movement ,user ,fee shall be an amount equal to #j4abe percent of the value of the commercial cargo4 7c7 ,collection of fee ,the ,maritime ,goods ,movement ,user ,fee shall be collected by ,u4,s4 ,customs and ,border ,protection4 7d7 ,time of imposition of fee ,the ,maritime ,goods ,movement ,user ,fee shall be imposed on commercial cargo at the time-- 7#a7 the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the ,united ,states2 or 7#b7 the commercial cargo enters the ,united ,states at a point of entry4 7e7 ,inapplicability to cargo ,no ,maritime ,goods ,movement ,user ,fee shall be imposed under this section on any export of the ,united ,states4 7f7 ,coordination of fee where transportation subject to tax imposed under #djdb of the ,internal ,revenue ,code ,no ,maritime ,goods ,movement ,user ,fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been 7or will be7 subject to the tax imposed by section #djdb of the ,internal ,revenue ,code of #aihf 7relating to tax on fuels used in commercial transportation on inland waterways74 7g7 ,special rule for ,alaska1 ,hawaii1 and possessions 7#a7 ,in general ,no ,maritime ,goods ,movement ,user ,fee shall be imposed on-- 7,a7 cargo loaded on a vessel in a port in the ,united ,states mainland for transportation to ,alaska1 ,hawaii1 or any possession of the ,united ,states for ultimate use or consumption in ,alaska1 ,hawaii1 or any possession of the ,united ,states2 7,b7 cargo loaded on a vessel in ,alaska1 ,hawaii1 or any possession of the ,united ,states for transportation to the ,united ,states mainland1 ,alaska1 ,hawaii1 or such a possession for ultimate use or consumption in the ,united ,states mainland1 ,alaska1 ,hawaii1 or such a possession2 7,c7 the unloading of cargo described in subparagraph 7,a7 or 7,b7 in ,alaska1 ,hawaii1 or any possession of the ,united ,states1 or in the ,united ,states mainland1 respectively2 or 7,d7 cargo loaded on a vessel in ,alaska1 ,hawaii1 or a possession of the ,united ,states and unloaded in the ,state or possession in which loaded1 or passengers transported on ,united ,states flag vessels operating solely within the ,state waters of ,alaska or ,hawaii and adjacent international waters4 7#b7 ,cargo ,for purposes of this subsection1 the term cargo does not include crude oil with respect to ,alaska4 7#c7 ,united ,states mainland ,for purposes of this section1 the term ,united ,states mainland means the continental ,united ,states 7not including ,alaska74 7h7 ,special rules ,except as provided by regulations3 7#a7 ,fee imposed only once ,the ,maritime ,goods ,movement ,user ,fee shall be imposed on the same commercial cargo only #a time4 7#b7 ,exception for intraport movements ,under regulations1 no ,maritime ,goods ,movement ,user ,fee shall be imposed on the mere movement of commercial cargo within a port4 7#c7 ,relay cargo ,only #a ,maritime ,goods ,movement ,user ,fee shall be imposed on cargo 7moving under a single bill of lading7 which is unloaded from one vessel and loaded onto another vessel at any port in the ,united ,states for relay to or from any port in ,alaska1 ,hawaii1 or any possession of the ,united ,states4 ,for purposes of this paragraph1 the term cargo does not include any item not treated as cargo under subsection 7g77#b74 7i7 ,exemption for ,united ,states ,no ,maritime ,goods ,movement ,user ,fee shall be imposed on the ,united ,states or any agency or instrumentality thereof4 7j7 ,exemption for humanitarian and development assistance cargos ,no ,maritime ,goods ,movement ,user ,fee shall be imposed on any nonprofit organization or cooperative for cargo which is owned or financed by such nonprofit organization or cooperative and which is certified by the ,u4,s4 ,customs and ,border ,protection as intended for use in humanitarian or development assistance overseas4 7k7 ,limitation on collection of fee ,no fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations ,act4 7l7 ,receipts credited as offsetting collections ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any fee collected under this section-- 7#a7 shall be credited as offsetting collections to the accounts that finance the activities and services detailed in section #d2 7#b7 shall be available for expenditure only to pay the costs of activities and services detailed in section #d2 and 7#c7 shall remain available until expended4 #d4 ,expenditures of ,maritime ,goods ,movement ,user ,fee 7a7 ,administrative costs ,up to #aj1jjj1jjj of the amount of the ,maritime ,goods ,movement ,user ,fees collected during any fiscal year shall be used for payment of expenses of administration incurred by the ,department of ,homeland ,security1 the ,army ,corps of ,engineers1 and the ,department of ,transportation4 7b7 ,other expenditures ,the amounts of the ,maritime ,goods ,movement ,user ,fees collected for a fiscal year that are not used for administration under subsection 7a7 shall be allocated as follows3 7#a7 ,harbor maintenance programs ,for the first #e fiscal years beginning after the date of the enactment of this ,act1 #ie percent1 and for each fiscal year thereafter #hj percent1 of such amounts shall be available to pay up to #ajj percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the ,united ,states1 as authorized by section #baj7;a77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;a77#b771 including the ,federal share of the cost of-- 7,a7 maintenance of ,federal navigation projects to their authorized depths and widths2 7,b7 disposal of maintenance dredged material2 7,c7 construction and maintenance of dredged material placement facilities2 7,d7 projects or activities for the beneficial use of dredged material or sand mitigation2 7,e7 jetties1 breakwaters1 bridges1 and other navigation structures2 and 7,f7 related studies and surveys4 7#b7 ,low-use ports ,of the amounts made available each fiscal year for harbor maintenance programs under paragraph 7#a71 up to #h percent shall be allocated for low-use ports4 ,special emphasis shall be placed on low-use ports where there is a ,coast ,guard presence and low-use ports which the ,coast ,guard determines to be restricted navigation areas or harbors of refuge4 7#c7 ,competitive grant program for goods movement 7,a7 ,super donor ports ,for each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this ,act1 #ae percent of the amounts of the ,maritime ,goods ,movement ,user ,fee not used for administration under subsection 7a71 shall be allocated to super donor ports to carry out projects or activities described in paragraphs 7#a71 7#b71 and 7#c7 of section #e7;e74 7,b7 ,other uses ,for each fiscal year beginning after the date of the enactment of this ,act1 #e percent of the amounts of the ,maritime ,goods ,movement ,user ,fee not used for administration under subsection 7a7 shall be allocated to carry out projects or activities described in paragraphs 7#d71 7#e71 and 7#f7 of subsection #e7;e74 #e4 ,competitive ,grant ,program for ,goods ,movement 7a7 ,establishment of grant program ,there is established a ,competitive ,grant ,program for ,goods ,movement to be administered by the ,secretary of ,transportation in consultation with the ,assistant ,secretary of the ,army for ,civil ,works4 7b7 ,purpose ,the purpose of the ,competitive ,grant ,program for ,goods ,movement is to provide financial assistance for capital investments that improve the efficiency of the transportation system of the ,united ,states to move international maritime cargo4 7c7 ,project eligibility 7#a7 ,minimum number of grantees ,for each fiscal year1 there shall be no less than-- 7,a7 #c grantees that are super donor ports2 and 7,b7 #c grantees that are eligible entities under subsection 7d74 7#b7 ,cost-share ,the ,federal cost share of a project awarded a grant under this section shall be no more than #ej percent of the total cost4 7d7 ,eligible entity ,a grant under this section may only be awarded to a ,state or local government entity1 including a port authority4 7e7 ,eligible projects ,a grant awarded under this section may be used for the following3 7#a7 ,any in-water improvement in the navigable waters in or near such port that the ,secretary of the ,army is authorized to make1 including environmental remediation and habitat mitigation if certified by the ,assistant ,secretary to improve the movement of international maritime cargo4 7#b7 ,any in water improvement in berthing areas in such port pursuant to a channel widening or deepening project4 7#c7 ,maintenance of berthing areas adjacent to navigational channels in such port4 7#d7 ,improvements to an intermodal corridor facility project to benefit international maritime cargo as certified by the ,secretary of ,transportation or designee1 in consultation with the ,assistant ,secretary of the ,army for ,civil ,works or designee4 7#e7 ,improvements to a land port of entry project to benefit international maritime cargo as certified by the ,secretary of ,transportation or designee1 in consultation with the ,assistant ,secretary of the ,army for ,civil ,works or designee4 7#f7 ,a project that improves access to a port or intermodal terminal facility to benefit international maritime cargo as certified by the ,secretary of ,transportation or designee1 in consultation with the ,assistant ,secretary of the ,army for ,civil ,works or designee4 #f4 ,repeal of harbor maintenance tax 7a7 ,in general ,subchapter ,a of chapter #cf of the ,internal ,revenue ,code of #aihf is repealed4 7b7 ,conforming amendment ,the table of subchapters for chapter #cf of the ,internal ,revenue ,code of #aihf is amended by striking the item relating to subchapter ,a4 7c7 ,effective date ,the amendments made by this section shall apply to port uses 7as defined in section #ddfb of such ,code1 as in effect on the day before the date of the enactment of this ,act7 on or after ,october #a of the first fiscal year beginning after the date of the enactment of this ,act4 #g4 ,treatment of balances from the ,harbor ,maintenance ,trust ,fund ,any remaining balances in the ,harbor ,maintenance ,trust ,fund established by section #ieje of the ,internal ,revenue ,code of #aihf 7relating to expenditures from the ,harbor ,maintenance ,trust ,fund7 shall remain available until expended in accordance with the requirements of subsection 7c7 of that section4 #h4 ,application of wage requirements ,nothing in this ,act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this ,act4