ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.

SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.(a) Definitions.—In this section:(1) Cargo container.—The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.(2) Donor port.—The term “donor 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) 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 the Internal Revenue Code of 1986;(C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and(D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012.(3) Energy commodity.—The term “energy commodity” includes—(A) petroleum products;(B) natural gas;(C) coal;(D) wind and solar energy components; and(E) biofuels.(4) 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 Regulation (or any successor regulation); and(B)(i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and(ii) through which more than 40,000,000 tons of cargo were transported in fiscal year 2012.(5) Expanded uses.—The term “expanded uses” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)).(6) Harbor maintenance tax.—The term “harbor maintenance tax” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)).(b) Authority.—(1) In general.—Subject to the availability of appropriations, the Secretary may provide to donor ports and energy transfer ports amounts in accordance with this section.(2) Limitations.—Amounts provided under this section—(A) for energy transfer ports shall be divided equally among all States with an energy transfer port; and(B) shall be made available to a port as either a donor port or an energy transfer port and no port may receive 128 STAT. 1281 amounts as both a donor port and an energy transfer port.(c) Use of Funds.—Amounts provided under this section may be used by a donor port or an energy transfer port—(1) to provide payments to importers entering cargo or shippers transporting cargo through that port, as calculated by U.S. Customs and Border Protection according to the amount of harbor maintenance taxes collected;(2) for expanded uses; or(3) for environmental remediation related to dredging berths and Federal navigation channels.(d) Administration of Payments.—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.(e) Report to Congress.—(1) In general.—Not later than 18 months after the date of enactment of this section, the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority.(2) Factors.—In carrying out the assessment under paragraph (1), the Secretary shall assess—(A) the impact of the amounts provided and used under this section on those ports that received funds under this section; and(B) any impact on domestic harbors and ports that did not receive funds under this section.(f) Authorization of Appropriations.—(1) In general.—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2018.(2) Division between donor ports and energy transfer ports.—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.(3) Additional appropriations.—If the target total budget resources under subparagraphs (A) through (D) of section 2101(b)(1) are met for each of fiscal years 2015 through 2018, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2022.