[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.''.
                                 ______