33 U.S.C. § 2238c — Additional measures at donor ports and energy transfer ports

(a) Definitions. (1) “Cargo container” means one twenty-foot-equivalent unit. (2) “Discretionary cargo” means maritime cargo whose United States^* port of unlading differs from its United States port of entry. (3) “Donor port” means a port subject to the harbor^* maintenance fee; where at least $15 million yearly, on average over the prior three fiscal years, was collected for the Trust Fund including estimated domestic-cargo and cruise-passenger taxes; that received less than 25% of those taxes collected at the port; and that is in a State where over 2 million containers were loaded or unloaded yearly on average over those years. Payments under subsection (c)(1) are excluded when calculating the 25%. (4) “Energy commodity” includes petroleum products, natural gas, coal, wind and solar components, and biofuels. (5) “Energy transfer port” is a fee-subject port where energy commodities were over 25% of commercial activity by tonnage on the prior three-year average and over 40 million tons of cargo moved through it on that average. (6) “Expanded uses” and (7) “harbor maintenance tax” have the meanings in section 2238(f). (8) “Harbor Maintenance Trust Fund” means the fund established by section 9505 of title 26. (9) “Medium-sized donor port” is a fee-subject port where over $5 million but under $15 million was collected yearly on the prior three-year average, the port received under 25% of taxes collected there, and its State had over 2 million containers loaded or unloaded yearly on that average.

(b) Authority. (1) If appropriations are available, the Secretary may provide amounts to these ports. (2) Energy-port amounts must be divided equally among States with such a port. A port may receive money under only one designation. For donor and medium-sized donor ports, half the money is divided equally among eligible donor ports, and half is divided according to each eligible port’s share of total taxes generated by those ports.

(c) Uses. A port may use the money (1) for Secretary-calculated payments to importers entering discretionary cargo, based on its value; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels.

(d) Payments. If a port elects importer payments, the Secretary must transfer the amount to the Commissioner of U.S. Customs and Border Protection. The Commissioner provides payments to importers of discretionary cargo shipped through the port that is most at risk of diversion outside the United States. In consultation with the port, the Secretary identifies the top importers by discretionary-cargo value, and payments are limited to them.

(e) Appropriations. Congress may appropriate $56 million for 2023, $58 million for 2024, $60 million for 2025, $62 million for 2026, $64 million for 2027, $66 million for 2028, $68 million for 2029, and $70 million for 2030. Each year’s amount is divided equally between (A) donor and medium-sized donor ports and (B) energy transfer ports.

(f) Savings. This section does not waive merchandise-transportation requirements under chapter 551 of title 46.