Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry.
Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters.
Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas.
Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT).
Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo.
Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port.
Establishes a Competitive Grant Program for Goods Movement.
Amends the Internal Revenue Code to repeal the harbor maintenance tax.
Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4105 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4105
To establish a Maritime Goods Movement User Fee and provide grants for
international maritime cargo improvements and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2014
Mr. McDermott (for himself, Ms. DelBene, Mr. Heck of Washington, Mr.
Kilmer, Mr. Larsen of Washington, and Mr. Smith of Washington)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, 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 purposes.
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 ``Maritime Goods Movement Act for the
21st Century''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial cargo.--The term ``commercial cargo''--
(A) means--
(i) any cargo transported on a commercial
vessel, including passengers transported for
compensation or hire; and
(ii) international maritime cargo; and
(B) does not include--
(i) bunker fuel, ship's stores, sea stores,
or the legitimate equipment necessary to the
operation of a vessel; or
(ii) fish or other aquatic animal life
caught and not previously landed on shore.
(2) Commercial vessel.--The term ``commercial vessel''--
(A) means any vessel used--
(i) in transporting cargo by water for
compensation or hire; or
(ii) in transporting cargo by water in the
business of the owner, lessee, or operator of
the vessel; and
(B) does not include any ferry engaged primarily in
the ferrying of passengers (including their vehicles)
between points within the United States, or between the
United States and contiguous countries.
(3) 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
day.
(4) 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
States, including--
(A) cargo that arrives in the United States by
ship; or
(B) 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 country.
(5) Low-use port.--The term ``low-use port'' means a port
at which not more than 1,000,000 tons of cargo is transported
each calendar year.
(6) Point of entry.--The term ``point of entry'' means a
place where commercial cargo enters the United States.
(7) Port.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), or otherwise specifically
provided in this Act, the term ``port'' means any
channel or harbor (or component thereof) in the United
States, which--
(i) is not an inland waterway; and
(ii) is open to public navigation.
(B) 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
1977 for construction, maintenance, or operation, or
which was deauthorized by Federal law before 2013.
(C) 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 Dam.
(8) Super donor port.--
(A) In general.--The term ``super donor port''
means a port for which average expenditures in the 5
previous fiscal years--
(i) for fiscal years beginning prior to the
date of the enactment of this Act, from the
Harbor Maintenance Trust Fund pursuant to
section 9505(c)(1) of the Internal Revenue Code
of 1986 (relating to expenditures from the
Harbor Maintenance Trust Fund) are less than 10
percent of the total average amount of harbor
maintenance taxes collected through landings at
such port in such fiscal years; or
(ii) for fiscal years beginning after such
date of enactment, from the amounts collected
for the Maritime Goods Movement User Fee are
less than 10 percent of the total average
amount of such Fees collected through landings
at such port.
(B) Included expenditures.--The amount of
expenditures under subparagraph (A) 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 ports.
(9) Value.--The term ``value'' means--
(A) with respect to domestic commercial cargo, the
value as determined by standard commercial
documentation;
(B) with respect to imported commercial cargo, the
appraised value for duty as determined under section
402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or
(C) with respect to the transportation of
passengers for hire, the actual charge paid for such
service or the prevailing charge for comparable service
if no actual charge is paid.
SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE.
(a) Establishment of Fee.--
(1) In general.--Except as otherwise provided in this
section, there is imposed a Maritime Goods Movement User Fee on
all commercial cargo--
(A) unloaded from or loaded on a commercial vessel
at a port; or
(B) that enters the United States at a point of
entry.
(2) Effective date.--The Maritime Goods Movement User Fee
shall be imposed on commercial cargo under paragraph (1)
beginning on October 1 of the first fiscal year beginning after
the date of the enactment of this Act.
(b) Fee Amount.--The amount of the Maritime Goods Movement User Fee
shall be an amount equal to 0.125 percent of the value of the
commercial cargo.
(c) Collection of Fee.--The Maritime Goods Movement User Fee shall
be collected by U.S. Customs and Border Protection.
(d) Time of Imposition of Fee.--The Maritime Goods Movement User
Fee shall be imposed on commercial cargo at the time--
(1) the commercial cargo is unloaded from or loaded on a
commercial vessel at a port in the United States; or
(2) the commercial cargo enters the United States at a
point of entry.
(e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee
shall be imposed under this section on any export of the United States.
(f) Coordination of Fee Where Transportation Subject to Tax Imposed
Under 4042 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 (or will be) subject to the tax imposed by section
4042 of the Internal Revenue Code of 1986 (relating to tax on fuels
used in commercial transportation on inland waterways).
(g) Special Rule for Alaska, Hawaii, and Possessions.--
(1) In general.--No Maritime Goods Movement User Fee shall
be imposed on--
(A) cargo loaded on a vessel in a port in the
United States mainland for transportation to Alaska,
Hawaii, or any possession of the United States for
ultimate use or consumption in Alaska, Hawaii, or any
possession of the United States;
(B) cargo loaded on a vessel in Alaska, Hawaii, or
any possession of the United States for transportation
to the United States mainland, Alaska, Hawaii, or such
a possession for ultimate use or consumption in the
United States mainland, Alaska, Hawaii, or such a
possession;
(C) the unloading of cargo described in
subparagraph (A) or (B) in Alaska, Hawaii, or any
possession of the United States, or in the United
States mainland, respectively; or
(D) cargo loaded on a vessel in Alaska, Hawaii, or
a possession of the United States and unloaded in the
State or possession in which loaded, or passengers
transported on United States flag vessels operating
solely within the State waters of Alaska or Hawaii and
adjacent international waters.
(2) Cargo.--For purposes of this subsection, the term
``cargo'' does not include crude oil with respect to Alaska.
(3) United states mainland.--For purposes of this section,
the term ``United States mainland'' means the continental
United States (not including Alaska).
(h) Special Rules.--Except as provided by regulations:
(1) Fee imposed only once.--The Maritime Goods Movement
User Fee shall be imposed on the same commercial cargo only 1
time.
(2) Exception for intraport movements.--Under regulations,
no Maritime Goods Movement User Fee shall be imposed on the
mere movement of commercial cargo within a port.
(3) Relay cargo.--Only 1 Maritime Goods Movement User Fee
shall be imposed on cargo (moving under a single bill of
lading) 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 Alaska, Hawaii, or any possession of the
United States. For purposes of this paragraph, the term
``cargo'' does not include any item not treated as cargo under
subsection (g)(2).
(i) Exemption for United States.--No Maritime Goods Movement User
Fee shall be imposed on the United States or any agency or
instrumentality thereof.
(j) 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 U.S. Customs and Border Protection as intended for use in
humanitarian or development assistance overseas.
(k) 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 Act.
(l) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any fee collected under
this section--
(1) shall be credited as offsetting collections to the
accounts that finance the activities and services detailed in
section 4;
(2) shall be available for expenditure only to pay the
costs of activities and services detailed in section 4; and
(3) shall remain available until expended.
SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE.
(a) Administrative Costs.--Up to $10,000,000 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 Security, the Army Corps of Engineers, and the
Department of Transportation.
(b) Other Expenditures.--The amounts of the Maritime Goods Movement
User Fees collected for a fiscal year that are not used for
administration under subsection (a) shall be allocated as follows:
(1) Harbor maintenance programs.--For the first 5 fiscal
years beginning after the date of the enactment of this Act, 95
percent, and for each fiscal year thereafter 80 percent, of
such amounts shall be available to pay up to 100 percent of the
eligible operations and maintenance costs assigned to
commercial navigation of all harbors and inland harbors within
the United States, as authorized by section 210(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)),
including the Federal share of the cost of--
(A) maintenance of Federal navigation projects to
their authorized depths and widths;
(B) disposal of maintenance dredged material;
(C) construction and maintenance of dredged
material placement facilities;
(D) projects or activities for the beneficial use
of dredged material or sand mitigation;
(E) jetties, breakwaters, bridges, and other
navigation structures; and
(F) related studies and surveys.
(2) Low-use ports.--Of the amounts made available each
fiscal year for harbor maintenance programs under paragraph
(1), up to 8 percent shall be allocated for low-use ports.
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 refuge.
(3) Competitive grant program for goods movement.--
(A) Super donor ports.--For each fiscal year
beginning with the sixth fiscal year beginning after
the date of the enactment of this Act, 15 percent of
the amounts of the Maritime Goods Movement User Fee not
used for administration under subsection (a), shall be
allocated to super donor ports to carry out projects or
activities described in paragraphs (1), (2), and (3) of
section 5(e).
(B) Other uses.--For each fiscal year beginning
after the date of the enactment of this Act, 5 percent
of the amounts of the Maritime Goods Movement User Fee
not used for administration under subsection (a) shall
be allocated to carry out projects or activities
described in paragraphs (4), (5), and (6) of subsection
5(e).
SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT.
(a) 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 Works.
(b) 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 cargo.
(c) Project Eligibility.--
(1) Minimum number of grantees.--For each fiscal year,
there shall be no less than--
(A) 3 grantees that are super donor ports; and
(B) 3 grantees that are eligible entities under
subsection (d).
(2) Cost-share.--The Federal cost share of a project
awarded a grant under this section shall be no more than 50
percent of the total cost.
(d) Eligible Entity.--A grant under this section may only be
awarded to a State or local government entity, including a port
authority.
(e) Eligible Projects.--A grant awarded under this section may be
used for the following:
(1) Any in-water improvement in the navigable waters in or
near such port that the Secretary of the Army is authorized to
make, including environmental remediation and habitat
mitigation if certified by the Assistant Secretary to improve
the movement of international maritime cargo.
(2) Any in water improvement in berthing areas in such port
pursuant to a channel widening or deepening project.
(3) Maintenance of berthing areas adjacent to navigational
channels in such port.
(4) Improvements to an intermodal corridor facility project
to benefit international maritime cargo as certified by the
Secretary of Transportation or designee, in consultation with
the Assistant Secretary of the Army for Civil Works or
designee.
(5) Improvements to a land port of entry project to benefit
international maritime cargo as certified by the Secretary of
Transportation or designee, in consultation with the Assistant
Secretary of the Army for Civil Works or designee.
(6) 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 designee, in
consultation with the Assistant Secretary of the Army for Civil
Works or designee.
SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX.
(a) In General.--Subchapter A of chapter 36 of the Internal Revenue
Code of 1986 is repealed.
(b) Conforming Amendment.--The table of subchapters for chapter 36
of the Internal Revenue Code of 1986 is amended by striking the item
relating to subchapter A.
(c) Effective Date.--The amendments made by this section shall
apply to port uses (as defined in section 4462 of such Code, as in
effect on the day before the date of the enactment of this Act) on or
after October 1 of the first fiscal year beginning after the date of
the enactment of this Act.
SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND.
Any remaining balances in the Harbor Maintenance Trust Fund
established by section 9505 of the Internal Revenue Code of 1986
(relating to expenditures from the Harbor Maintenance Trust Fund) shall
remain available until expended in accordance with the requirements of
subsection (c) of that section.
SEC. 8. 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 Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E268)
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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