I 
111TH CONGRESS 
1ST SESSION H. R. 2355 
To establish a National Goods Movement Improvement Fund to provide 
funding for infrastructure projects that will improve the movement of 
goods, mitigate environmental damage caused by the movement of goods, 
and enhance the security of transported goods. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2009 
Ms. RICHARDSON (for herself, Mr. CUMMINGS, Mr. CONYERS, Mr. MEEK of 
Florida, Mr. MCDERMOTT, Ms. LEE of California, Mr. ROHRABACHER, 
Mr. SCOTT of Virginia, and Mrs. TAUSCHER) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, 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 com-
mittee concerned 
A BILL 
To establish a National Goods Movement Improvement Fund 
to provide funding for infrastructure projects that will 
improve the movement of goods, mitigate environmental 
damage caused by the movement of goods, and enhance 
the security of transported goods. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Making Opportunities Via Efficient and More Effective 
National Transportation Act of 2009’’ or the ‘‘MOVE-
MENT Act of 2009’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I—NATIONAL GOODS MOVEMENT IMPROVEMENT 
Sec. 101. Findings. 
Sec. 102. Definitions. 
Sec. 103. National Goods Movement Improvement Program. 
Sec. 104. Administrative provisions. 
Sec. 105. Reporting requirement. 
Sec. 106. Sunset provision. 
TITLE II—FUNDING PROVISIONS 
Sec. 201. National Goods Movement Improvement Fund. 
Sec. 202. Harbor maintenance tax. 
TITLE I—NATIONAL GOODS 
MOVEMENT IMPROVEMENT 
SEC. 101. FINDINGS. 
Congress finds the following: 
(1) The movement of goods is a form of inter-
state commerce. 
(2) Waterborne containerized shipments of im-
ported products valued at approximately $2 trillion 
entered the United States last year. 
(3) According to the Maritime Administration, 
6,867 oceangoing-vessels made 63,804 calls at 
United States seaports. Of these ports of call, the 
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top 10 seaports handled 88 percent of imported 
cargo units in 2007. 
(4) According to the Maritime Administration, 
the average size of vessels calling at United States 
ports increased by 8 percent over the past 5 years. 
Containerships were 13 percent larger over this pe-
riod, representing the need to enhance spending on 
transportation infrastructure to support the in-
creased amounts of trade. 
(5) The number of waterborne containerized 
shipments of imported products into the United 
States increased by 33 percent between fiscal years 
2000 and 2006, from 23.5 million shipments to 31.3 
million shipments. 
(6) The number of waterborne containerized 
shipments in the United States recently declined on 
average by approximately 10 percent; however, it is 
expected that the number of waterborne container-
ized shipments in the United States will increase by 
as much as 350 percent by the year 2020. 
(7) The California Air Resources Board, in its 
2006 Emission Reduction Plan for Ports and Goods 
Movement, calculated that in California alone port 
and goods movement pollution contributed to 2,400 
premature heart-related deaths, 62,000 cases of 
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asthma symptoms, and more than 1 million res-
piratory-related school absences every year. 
(8) According to the National Surface Trans-
portation Policy and Revenue Study Commission, 
congestion is disrupting household and business ac-
tivities from coast to coast and extracting a large 
and expanding penalty on business productivity and 
the quality of life of American families. 
(9) According to the National Surface Trans-
portation Policy and Revenue Study Commission, 
Highway Trust Fund revenues since 2003 have fall-
en by 4 percent a year when adjusted with inflation, 
representing a drastic decrease in available funding 
for transportation infrastructure. 
SEC. 102. DEFINITIONS. 
In this title, the following definitions apply: 
(1) COVERED PORT.—The term ‘‘covered port’’ 
means a seaport or land port of entry in the United 
States at which taxes are collected under 4461 of 
the Internal Revenue Code of 1986. 
(2) ELIGIBLE GOODS MOVEMENT IMPROVEMENT 
PROJECT.—The term ‘‘eligible goods movement im-
provement project’’ means— 
(A) a project eligible for assistance under 
title 23, United States Code, that has as its pri-
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mary purpose improving the movement of goods 
in interstate commerce, including projects that 
relieve truck congestion leading into and out of 
ports and invest in existing transportation tech-
nology; 
(B) a project to enhance or expand freight 
rail service; and 
(C) other projects to improve the move-
ment of goods in interstate commerce as the 
Secretary determines appropriate, including 
projects located on the site of a covered port. 
(3) ELIGIBLE ENVIRONMENTAL PROJECT.—The 
term ‘‘eligible environmental project’’ means a 
project that mitigates environmental damage to air, 
water, and soil caused by the movement of goods, in-
cluding projects that promote diesel engine replace-
ment and the use of clean trucks, cold iron tech-
nology, and equipment that reduces smoke stack 
emissions from vessels at a port. 
(4) 
ELIGIBLE
HOMELAND
SECURITY 
PROJECT.—The term ‘‘eligible homeland security 
project’’ means a project to improve cargo inspec-
tion, screening, and security training for workers, in-
cluding projects to educate and train port employees 
and workers on relevant security issues. 
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(5) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means an eligible goods movement improve-
ment project, eligible environmental project, or eligi-
ble homeland security project. 
(6) NATIONAL
GOODS
MOVEMENT
IMPROVE-
MENT FUND.—The term ‘‘National Goods Movement 
Improvement Fund’’ means the fund established 
under section 9511 of the Internal Revenue Code of 
1986. 
(7) NATIONAL
GOODS
MOVEMENT
IMPROVE-
MENT PROGRAM.—The term ‘‘National Goods Move-
ment Improvement Program’’ means the grant pro-
gram authorized by section 103. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(9) STATE.—The term ‘‘State’’ means any of 
the 50 States and the District of Columbia. 
(10) STATE TRANSPORTATION DEPARTMENT.— 
The term ‘‘State transportation department’’ has the 
meaning such term has under section 101 of title 
23, United States Code. 
(11) UNITED
STATES.—The term ‘‘United 
States’’ means the 50 States and the District of Co-
lumbia. 
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SEC. 103. NATIONAL GOODS MOVEMENT IMPROVEMENT 
PROGRAM. 
(a) GENERAL
AUTHORITY.—The Secretary shall 
carry out a program, to be known as the ‘‘National Goods 
Movement Improvement Program’’, to provide funding in 
accordance with the requirements of this section for eligi-
ble projects using amounts appropriated out of the Na-
tional Goods Movement Improvement Fund. 
(b) ADMINISTRATIVE
EXPENSES.—The Secretary 
shall pay the administrative costs of the Secretary under 
this section using amounts made available to the Secretary 
under section 9511(c)(2) of the Internal Revenue Code of 
1986, as added by this Act. 
(c) APPORTIONMENT OF FUNDS.— 
(1) IN GENERAL.—On October 1 of a fiscal 
year, the Secretary shall apportion the funds (other 
than the administrative expenses referred to in sub-
section (b)) appropriated out of the National Goods 
Movement Improvement Fund for the fiscal year to 
carry out this section among those States containing 
one or more covered ports, in the form of grants, in 
the ratio that— 
(A) the aggregate amount of funds depos-
ited in the National Goods Movement Improve-
ment Fund during the preceding fiscal year 
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that is attributable to covered ports in each 
such State; bears to 
(B) the aggregate amount of funds depos-
ited in the National Goods Movement Improve-
ment Fund during the preceding fiscal year 
that is attributable to covered ports in all such 
States. 
(2) AVAILABILITY
OF
AMOUNTS
TO
STATE 
TRANSPORTATION DEPARTMENTS.—Amounts appor-
tioned to a State under this subsection shall be 
made available to its State transportation depart-
ment. Such amounts may not be transferred, loaned, 
or deferred to any other entity for any other pur-
pose. 
(3) ELIGIBLE
PROJECTS.—A State transpor-
tation department shall obligate funds apportioned 
to the State under this subsection only for eligible 
projects that have been approved by the Secretary in 
accordance with such procedures as the Secretary 
may require. 
(d) ALLOCATIONS OF APPORTIONED FUNDS.— 
(1) ALLOCATION AMONG COVERED PORTS.—A 
State transportation department shall allocate funds 
apportioned to the State under subsection (c) for a 
fiscal year among the covered ports located in the 
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State, which generate revenue for the National 
Goods Movement Improvement Fund, in the ratio 
that— 
(A) the aggregate amount of funds depos-
ited in the National Goods Movement Improve-
ment Fund during the preceding fiscal year 
that is attributable to each covered port in the 
State; bears to 
(B) the aggregate amount of funds depos-
ited in the National Goods Movement Improve-
ment Fund during the preceding fiscal year 
that is attributable to all covered ports in the 
State. 
(2) 
ALLOCATION
AMONG
TYPES
OF 
PROJECTS.—Of the amounts allocated to a covered 
port under paragraph (1) for a fiscal year— 
(A) 90 percent shall be available only for 
eligible goods movement improvement projects; 
(B) 7 percent shall be available only for el-
igible environmental projects; and 
(C) 3 percent shall be available only for eli-
gible homeland security projects. 
(e) PROJECT SELECTION.— 
(1) IN
GENERAL.—Amounts allocated by a 
State department of transportation to a covered port 
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under subsection (d) shall be distributed by the 
State department of transportation to projects 
that— 
(A) are selected by the State department 
of transportation in consultation with the owner 
or operator of the covered port and any applica-
ble regional planning commission; and 
(B) except as provided by paragraph (3), 
are physically located, in whole or in part, on 
the site of the covered port or within a 40-mile 
radius of such a site. 
(2) PROJECT SELECTION GUIDELINES.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall establish guidelines for the 
selection of projects for grant funding under 
this section. 
(B) AVAILABILITY OF GUIDELINES.—The 
Secretary shall make the guidelines established 
under this paragraph available to State depart-
ments of transportation, owners and operators 
of covered ports, owners and operators of rail-
roads, and applicable regional planning commis-
sions. 
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(C) MINIMUM REQUIREMENTS.—In estab-
lishing the guidelines under this subsection, the 
Secretary shall ensure that the State depart-
ment of transportation receiving grant funding 
under this title can demonstrate— 
(i) a financial need for the use of Fed-
eral funding for the project; and 
(ii) a clear and definable purpose for 
the project, including how the project will 
promote one or more of the goals of— 
(I) improving highway, rail, and 
port goods movement; 
(II) 
mitigating 
environmental 
damage to air, water, and soil caused 
by the movement of goods and pro-
moting the use of clean trucks or die-
sel replacement; and 
(III) improving cargo inspection, 
screening, and security training for 
workers, including projects to educate 
and train port employees and workers 
on relevant security issues. 
(D) PROJECTS ACCOMPLISHING MULTIPLE 
GOALS.—In establishing the guidelines under 
this paragraph, the Secretary shall ensure the 
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selection of projects that accomplish the max-
imum number of goals described in subpara-
graph (C)(ii). 
(E) PLANNING REQUIREMENTS.—In estab-
lishing the guidelines under this paragraph, the 
Secretary shall ensure that— 
(i) eligible goods movement improve-
ment projects are selected in accordance 
with applicable metropolitan, regional, and 
statewide planning processes, including 
sections 134 and 135 of title 23, United 
States Code; and 
(ii) all attempts are made by State de-
partments 
of 
transportation 
receiving 
grant funding under this title to include 
regional and State transportation organiza-
tions in the selection process. 
(3) EXCEPTION
TO
PROJECT
LOCATION
RE-
QUIREMENT.—The Secretary may waive the applica-
tion of paragraph (1)(B) with respect to not to ex-
ceed 10 percent to the funds allocated to a covered 
port for a fiscal year under subsection (d)(1) if— 
(A) the State, in consultation with the 
owner or operator of the covered port and the 
appropriate planning commission, submits an 
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application for the waiver, at such time and in 
such form as the Secretary may require; 
(B) any project constructed pursuant to 
the waiver— 
(i) is located within a goods movement 
chain that originates or ends at the cov-
ered port; 
(ii) is designed to accomplish multiple 
goals described in paragraph (2)(C)(ii); 
and 
(iii) is physically located, in whole or 
in part, within a 150-mile radius of the 
covered port. 
(4) REPORTING REQUIREMENT.—The Secretary 
shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Public Works and the Envi-
ronment of the Senate a written notice of each waiv-
er issued under paragraph (3), including an expla-
nation of the reasons for granting the waiver. 
(f) PROJECT IMPLEMENTATION.—A State transpor-
tation department may carry out an eligible project using 
grant funds made available under this title either directly 
or by entering into appropriate arrangements with owners 
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and operators of covered ports, owners and operators of 
railroads, and other entities. 
(g) FREIGHT IMPACT STUDY.—The Secretary shall 
require each State receiving funds under this section to 
provide to the Secretary, on an annual basis, data on the 
amount of cargo transported through the State by a sea-
port or inland port. 
SEC. 104. ADMINISTRATIVE PROVISIONS. 
(a) DATE AVAILABLE FOR OBLIGATION.—Authoriza-
tions from the National Goods Movement Improvement 
Fund shall be available for obligation on the date of their 
apportionment or on October 1 of the fiscal year for which 
they are authorized, whichever occurs first. 
(b) PERIOD OF AVAILABILITY.—Funds apportioned 
to a State for a project shall remain available for obliga-
tion for such purpose for a period of 2 years after the 
last day of the fiscal year for which the funds are author-
ized. Any funds so apportioned that remain unobligated 
at the end of such period shall be reallocated among the 
covered States at the discretion of the Secretary. 
(c) GRANTS
AS CONTRACTUAL OBLIGATIONS.—A 
grant for a project under this title that is approved by 
the Secretary is a contractual obligation of the Govern-
ment to pay the Federal share of the cost of the project. 
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(d) CONSTRUCTION STANDARDS.—A project to be 
carried out with assistance under this title that is for a 
highway that is on a Federal-aid system (as such terms 
are defined in section 101 of title 23, United States Code) 
shall be constructed to the same standards that would 
apply if such project was being carried out with assistance 
under chapter 1 of title 23, United States Code. 
(e) PREVAILING RATE OF WAGE.—Section 113 of 
title 23, United States Code, shall apply to a project being 
carried out with assistance provided under this title in the 
same manner and to the same extent as such section 
would apply if such project was being carried out with as-
sistance provided under chapter 1 of title 23, United 
States Code. 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a project for which a grant is made under 
this title shall be 90 percent. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of a project for which a grant is 
made under this title may not be provided from Fed-
eral funds made available under any other law (in-
cluding funds from the Highway Trust Fund). 
(3) WAIVERS.— 
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(A) IN GENERAL.—If the Secretary deter-
mines that a project is a collaboration between 
multiple counties and multiple regional plan-
ning commissions and has a national signifi-
cance in promoting goods movement, the Sec-
retary may waive the requirement for payment 
of the non-Federal share of the cost of the 
project under this subsection. 
(B) WRITTEN
JUSTIFICATIONS.—Before 
issuing a waiver for a project under subpara-
graph (A), the Secretary shall submit to Con-
gress a written justification for the waiver, in-
cluding— 
(i) a description of the project, includ-
ing its location and cost; and 
(ii) a description of the national im-
pact the project will have in the United 
States on enhancing the efficiency of the 
movement of goods, mitigating environ-
mental damage caused by the movement of 
goods and enhancing the security of the 
movement of goods. 
(C) 
LIMITATION.—The 
Secretary 
may 
issue waivers under subparagraph (A) with re-
spect to not to exceed 20 percent to the grant 
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funds made available in a fiscal year under this 
title. 
(g) PROHIBITION.—No funds made available under 
this section may be used by a grant recipient to conduct 
a study related to a future project. 
(h) USE OF EXISTING AND PROVEN TECHNOLOGY.— 
All attempts should be made to use existing and proven 
technology when carrying out eligible projects under this 
title. 
SEC. 105. REPORTING REQUIREMENT. 
(a) REPORT TO CONGRESS.—Not later than Decem-
ber 31, 2011, and annually thereafter during the term of 
the National Goods Movement Improvement Program (in 
this section referred to as the ‘‘program’’), the Secretary 
shall submit to Congress a report on projects submitted, 
projects approved for funding, and the results of the pro-
gram, including the effects of the program on mitigating 
the environmental damage caused by the movement of 
goods and enhancing the security of the movement of 
goods. 
(b) CONTENTS.—The report to be submitted under 
subsection (a) shall include, at a minimum— 
(1) a description of the impact that the pro-
gram has had in the United States on enhancing the 
efficiency of goods movement; 
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(2) a list identifying each project selected for 
funding under the program during the prior fiscal 
year and the amount of funding provided under this 
title for the project; 
(3) a list identifying any projects that were sub-
mitted to receive funding but were denied; 
(4) a description of the impact, if any, that the 
program has had on the cost of imported consumer 
goods in the United States; 
(5) an assessment of the current condition of 
the National Goods Movement Improvement Fund; 
(6) the results of a study, to be conducted by 
the Secretary using data obtained under section 
103(g), detailing the amount of cargo that is trans-
ported through each State by a seaport or inland 
port; 
(7) recommendations regarding the potential 
for expansion or other changes to the program, in-
cluding adjustments to the harbor maintenance tax 
to ensure that the tax is producing sufficient fund-
ing for the program; and 
(8) recommendations regarding whether the 
program should be reauthorized by Congress and, if 
so, whether the harbor maintenance tax should be 
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increased or decreased to support infrastructure 
spending. 
(c) CONSULTATION.—In developing the report to be 
submitted under subsection (a), the Secretary shall con-
sult with the Secretary of Commerce, the Secretary of 
Homeland Security, and the Administrator of the Envi-
ronmental Protection Agency. 
SEC. 106. SUNSET PROVISION. 
The authority of the Secretary to make grants under 
this title shall continue in effect until October 1, 2019. 
TITLE II—FUNDING PROVISIONS 
SEC. 201. NATIONAL GOODS MOVEMENT IMPROVEMENT 
FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the 
Internal Revenue Code of 1986 (relating to the trust fund 
code) is amended by adding at the end thereof the fol-
lowing new section: 
‘‘SEC. 9511. NATIONAL GOODS MOVEMENT IMPROVEMENT 
FUND. 
‘‘(a) CREATION OF FUND.—There is hereby estab-
lished in the Treasury of the United States a fund to be 
known as the ‘National Goods Movement Improvement 
Fund’, consisting of such amounts as may be— 
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‘‘(1) appropriated to the National Goods Move-
ment Improvement Fund as provided in this section, 
or 
‘‘(2) credited to the National Goods Movement 
Improvement Fund as provided in section 9602(b). 
‘‘(b) TRANSFER TO NATIONAL GOODS MOVEMENT 
IMPROVEMENT FUND OF AMOUNTS EQUIVALENT TO CER-
TAIN TAXES.—There are hereby appropriated to the Na-
tional Goods Movement Improvement Fund amounts 
equivalent to 71.43 percent of the taxes received in the 
Treasury under section 4461 (relating to harbor mainte-
nance tax). 
‘‘(c) EXPENDITURES FROM NATIONAL GOODS MOVE-
MENT IMPROVEMENT FUND.—Amounts in the National 
Goods Movement Improvement Fund shall be available to 
the Secretary of Transportation, as provided in advance 
in appropriations Acts, for fiscal years beginning after the 
second September 30th after the date of the enactment 
of the Making Opportunities Via Efficient and More Ef-
fective National Transportation Act of 2009— 
‘‘(1) for making expenditures to carry out sec-
tion 103 of such Act, and 
‘‘(2) for the payment of all expenses of adminis-
tration incurred for any fiscal year by the Secretary 
of Transportation related to the administration of 
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the program established by section 103 of such Act, 
and by the Department of the Treasury, the Army 
Corps of Engineers, and the Department of Com-
merce related to the administration of the tax im-
posed under section 4461(a)(2), but not in excess of 
an amount equal to one percent of the total balance 
of the fund on the last day of the preceding fiscal 
year or $10,000,000, whichever is less.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such subchapter A is amended by adding at the end 
thereof the following: 
‘‘Sec. 9511. National Goods Movement Improvement Fund.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 202. HARBOR MAINTENANCE TAX. 
(a) IMPOSITION OF TAX.—Section 4461 of the Inter-
nal Revenue Code of 1986 is amended to read as follows. 
‘‘SEC. 4461. IMPOSITION OF TAX. 
‘‘(a) GENERAL RULE.—There is hereby imposed a 
tax on— 
‘‘(1) any port use, and 
‘‘(2) commercial cargo entering the customs 
territory of the United States other than by port use 
following foreign port use. 
‘‘(b) AMOUNT OF TAX.— 
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‘‘(1) PORT USE.—The amount of the tax im-
posed by subsection (a)(1) shall be an amount equal 
to 0.4375 percent of the value of the commercial 
cargo involved. 
‘‘(2) COMMERCIAL
CARGO
ENTERING
THE 
UNITED STATES FOLLOWING FOREIGN PORT USE.— 
The amount of the tax imposed by subsection (a)(2) 
shall be an amount equal to 0.3125 percent of the 
value of the commercial cargo involved. 
‘‘(c) LIABILITY AND TIME OF IMPOSITION OF TAX.— 
‘‘(1) LIABILITY.—The tax imposed by sub-
section (a) shall be paid by the importer of the cargo 
with respect to which tax is imposed under sub-
section (a). 
‘‘(2) TIME OF IMPOSITION.— 
‘‘(A) PORT USE.—Except as provided by 
regulations, the tax imposed by subsection 
(a)(1) shall be imposed at the time of unload-
ing. 
‘‘(B) COMMERCIAL CARGO ENTERING THE 
UNITED
STATES
FOLLOWING
FOREIGN
PORT 
USE.—Except as provided by regulations, the 
tax imposed by subsection (a)(2) shall be im-
posed at the time the commercial cargo enters 
the customs territory of the United States.’’. 
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(b) DEFINITIONS.—Subsection (a) of section 4462 of 
such Code is amended by adding at the end thereof the 
following: 
‘‘(6) FOREIGN PORT USE.—The term ‘‘foreign 
port use’’ means the unloading of commercial cargo 
from a commercial vessel at a foreign port. 
‘‘(7) FOREIGN PORT.—The term ‘‘foreign port’’ 
means any channel or harbor (or component thereof) 
in Mexico or Canada, which— 
‘‘(A) is not an inland waterway, and 
‘‘(B) is open to public navigation.’’. 
(c) EXCEPTIONS.—Subsection (g) of section 4462 of 
such Code is amended by adding at the end the following 
new paragraph: 
‘‘(4) GOODS ORIGINATING IN CANADA OR MEX-
ICO.—No tax shall be imposed under section 
4461(a)(2) on any good, commodity, or product 
which originated in Canada or Mexico.’’. 
(d) REDUCTION OF TAX IN CASES OF PORT USE 
SUBJECT TO STATE OR LOCAL FEES.—Section 4462 of 
such Code is amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing: 
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‘‘(i) PORT USE SUBJECT
TO STATE
OR LOCAL 
FEES.— 
‘‘(1) REDUCTION OF TAX.—The Secretary may 
reduce the amount of the tax imposed for port use 
at an individual port under section 4461(a)(1) if— 
‘‘(A) the port use is subject to a State or 
local fee, and 
‘‘(B) the revenues from the State or local 
fee are reserved for projects and activities to 
improve the movement of commercial cargo in 
commerce, as determined by the Secretary in 
consultation with the Secretary of Transpor-
tation. 
‘‘(2) AMOUNT OF REDUCTION.—The amount of 
a reduction under paragraph (1) shall be lessor of— 
‘‘(A) the amount of the State or local fee 
involved, and 
‘‘(B) an amount equal to 10 percent of the 
tax that would otherwise apply to the port use 
under section 4461(a)(1).’’. 
(e) CONFORMING AMENDMENTS RELATING TO HAR-
BOR MAINTENANCE TRUST FUND.— 
(1) TRANSFER
TO
HARBOR
MAINTENANCE 
TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN 
TAXES.—Section 9505(b) of such Code is amended 
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by striking ‘‘amounts equivalent to the taxes re-
ceived’’ and inserting ‘‘amounts equivalent to 28.57 
percent of the taxes received’’. 
(2) EXPENDITURES
FROM
HARBOR
MAINTE-
NANCE
TRUST
FUND
FOR
ADMINISTRATIVE
EX-
PENSES.—Section 9505(c)(3) of such Code is 
amended by striking ‘‘subchapter A of chapter 36 
(relating to harbor maintenance tax)’’ and inserting 
‘‘the tax imposed under section 4461(a)(1)’’. 
(f) GUIDELINES FOR CARRYING OUT REDUCTION IN 
TAX.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Treasury shall es-
tablish guidelines for the approval or denial of a reduction 
in tax under section 4462(i) of the Internal Revenue Code 
of 1986 (as added by this section). Such guidelines shall 
include procedures for States seeking such reduction to 
inform the Secretary of Transportation in writing of their 
request for a reduction. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to port use and commercial cargo 
entering the United States on or after on the 90th day 
after the date of the enactment of this Act. 
Æ 
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