33 U.S.C. § 2239 — 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) **Discretionary cargo** — The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry. (3) **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 the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (iii) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and (iv) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years. (B) *Calculation* — For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. (4) **Energy commodity** — The term “energy commodity” includes— (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (5) **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 any successor regulation); and (B) (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and (ii) through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. (6) **Expanded uses** — The term “expanded uses” has the meaning given the term in [section 2238(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238/f&num=0&edition=prelim). (7) **Harbor maintenance tax** — The term “harbor maintenance tax” has the meaning given the term in [section 2238(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238/f&num=0&edition=prelim). (8) **Harbor maintenance trust fund** — The term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by [section 9505 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9505&num=0&edition=prelim). (9) **Medium-sized donor port** — The term “medium-sized 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 (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and (D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels on an average annual basis for the previous 3 fiscal years. **(b) Authority** (1) **In general** — 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. (2) **Limitations** — Amounts provided under this section— (A) for energy transfer ports shall be divided equally among all States with an energy transfer port; (B) shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and (C) for donor ports and medium-sized donor ports— (i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and (ii) 50 percent of the funds shall be divided between the eligible donor ports and eligible 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) Use of funds** Amounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port— (1) to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels. **(d) Administration of payments** (1) **In general** — If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is— (A) shipped through the port; and (B) most at risk of diversion to seaports outside of the United States. (2) **Requirement** — 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. **(e) Authorization of appropriations** (1) **In general** — There are authorized to be appropriated to carry out this section— (A) $56,000,000 for fiscal year 2023; (B) $58,000,000 for fiscal year 2024; (C) $60,000,000 for fiscal year 2025; (D) $62,000,000 for fiscal year 2026; (E) $64,000,000 for fiscal year 2027; (F) $66,000,000 for fiscal year 2028; (G) $68,000,000 for fiscal year 2029; and (H) $70,000,000 for fiscal year 2030. (2) **Division between donor ports, medium-sized 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— (A) donor ports and medium-sized donor ports; and (B) energy transfer ports. **(f) Savings clause** Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.