33 U.S.C. § 2238c
Additional measures at donor ports and energy transfer ports
The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.
The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry.
For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.
The term “expanded uses” has the meaning given the term in section 2238(f) of this title.
The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title.
The term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505 of title 26.
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.
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.
Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
2020—Subsec. (a)(3)(A)(ii). Pub. L. 116–260, § 104(b)(1)(A)(i), amended cl. (ii) generally. Prior to amendment, text read as follows: “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 title 26;”.
Subsec. (a)(3)(A)(iii). Pub. L. 116–260, § 104(b)(1)(A)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected” and substituted “3 fiscal years” for “5 fiscal years”.
Subsec. (a)(3)(A)(iv). Pub. L. 116–260, § 104(b)(1)(A)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”.
Subsec. (a)(5)(B). Pub. L. 116–260, § 104(b)(1)(B), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012” in two places.
Subsec. (a)(8), (9). Pub. L. 116–260, § 104(b)(1)(C), added par. (8) and redesignated former par. (8) as (9).
Subsec. (a)(9)(B). Pub. L. 116–260, § 104(b)(1)(D)(i), amended subpar. (B) generally. Prior to amendment, text read as follows: “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 title 26;”.
Subsec. (a)(9)(C). Pub. L. 116–260, § 104(b)(1)(D)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected” and substituted “3 fiscal years” for “5 fiscal years”.
Subsec. (a)(9)(D). Pub. L. 116–260, § 104(b)(1)(D)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”.
Subsec. (e). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to report to Congress.
Subsec. (e)(1). Pub. L. 116–260, § 104(b)(2)(B), amended par. (1) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2020.”
Subsec. (f). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 116–260, § 104(a)(1), substituted “2022” for “2020”.
Subsec. (f)(3). Pub. L. 116–260, § 104(a)(2), struck out par. (3). Prior to amendment, text read as follows: “If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title are met for each of fiscal years 2016 through 2020, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.”
Subsec. (g). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f).
2016—Subsec. (a)(2). Pub. L. 114–322, § 1110(1)(B), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 114–322, § 1110(1)(C), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A), and added subpar. (B).
Pub. L. 114–322, § 1110(1)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 114–322, § 1110(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 114–322, § 1110(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(5)(A). Pub. L. 114–322, § 1110(1)(D), substituted “Code of Federal Regulations” for “Code of Federal Regulation”.
Subsec. (a)(6), (7). Pub. L. 114–322, § 1110(1)(A), redesignated pars. (5) and (6) as (6) and (7), respectively.
Subsec. (a)(8). Pub. L. 114–322, § 1110(1)(E), added par. (8).
Subsec. (b)(1). Pub. L. 114–322, § 1110(2)(A), substituted “donor ports, medium-sized donor ports,” for “donor ports”.
Subsec. (b)(2)(B), (C). Pub. L. 114–322, § 1110(2)(B), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: “shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port.”
Subsec. (c). Pub. L. 114–322, § 1110(3)(A), substituted “donor port, a medium-sized donor port,” for “donor port” in introductory provisions.
Subsec. (c)(1). Pub. L. 114–322, § 1110(3)(B), struck out “or shippers transporting cargo” after “entering cargo” and substituted “the Secretary” for “U.S. Customs and Border Protection” and “value of discretionary cargo” for “amount of harbor maintenance taxes collected”.
Subsec. (d). Pub. L. 114–322, § 1110(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers.”
Subsec. (f)(1). Pub. L. 114–322, § 1110(5)(A), substituted “2020” for “2018”.
Subsec. (f)(2). Pub. L. 114–322, § 1110(5)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports.”
Subsec. (f)(3). Pub. L. 114–322, § 1110(5)(C), substituted “2016 through 2020” for “2015 through 2018” and “2021 through 2025” for “2019 through 2022”.
Subsec. (g). Pub. L. 114–322, § 1110(6), added subsec. (g).
Pub. L. 116–260, div. AA, title I, § 104(b)(3),
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.