I 
113TH CONGRESS 
2D SESSION 
H. R. 4105 
To establish a Maritime Goods Movement User Fee and provide grants 
for international maritime cargo improvements and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2014 
Mr. MCDERMOTT (for himself, Ms. DELBENE, Mr. HECK of Washington, Mr. 
KILMER, Mr. LARSEN of Washington, and Mr. SMITH of Washington) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, 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 committee concerned 
A BILL 
To establish a Maritime Goods Movement User Fee and 
provide grants for international maritime cargo improve-
ments and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maritime Goods Move-
ment Act for the 21st Century’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COMMERCIAL CARGO.—The term ‘‘commer-
cial cargo’’— 
(A) means— 
(i) any cargo transported on a com-
mercial vessel, including passengers trans-
ported for compensation or hire; and 
(ii) international maritime cargo; and 
(B) does not include— 
(i) bunker fuel, ship’s stores, sea 
stores, or the legitimate equipment nec-
essary to the operation of a vessel; or 
(ii) fish or other aquatic animal life 
caught and not previously landed on shore. 
(2) COMMERCIAL VESSEL.—The term ‘‘commer-
cial vessel’’— 
(A) means any vessel used— 
(i) in transporting cargo by water for 
compensation or hire; or 
(ii) in transporting cargo by water in 
the business of the owner, lessee, or oper-
ator of the vessel; and 
(B) does not include any ferry engaged pri-
marily in the ferrying of passengers (including 
their vehicles) between points within the United 
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States, or between the United States and con-
tiguous countries. 
(3) FERRY.—The term ‘‘ferry’’ means any ves-
sel which arrives in the United States on a regular 
schedule during its operating season at intervals of 
at least once each business day. 
(4) INTERNATIONAL
MARITIME
CARGO.—The 
term ‘‘international maritime cargo’’ means any 
cargo moved by ship that is imported directly into 
the United States from a point outside the United 
States, including— 
(A) cargo that arrives in the United States 
by ship; or 
(B) cargo that is unloaded in an inter-
mediate country and arrives in the United 
States by another form of transit without being 
altered in any manner in the intermediate coun-
try. 
(5) LOW-USE PORT.—The term ‘‘low-use port’’ 
means a port at which not more than 1,000,000 
tons of cargo is transported each calendar year. 
(6) POINT
OF
ENTRY.—The term ‘‘point of 
entry’’ means a place where commercial cargo enters 
the United States. 
(7) PORT.— 
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(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), or otherwise spe-
cifically provided in this Act, the term ‘‘port’’ 
means any channel or harbor (or component 
thereof) in the United States, which— 
(i) is not an inland waterway; and 
(ii) is open to public navigation. 
(B) EXCEPTION
FOR
CERTAIN
FACILI-
TIES.—The term ‘‘port’’ does not include any 
channel or harbor with respect to which no 
Federal funds have been used since 1977 for 
construction, maintenance, or operation, or 
which was deauthorized by Federal law before 
2013. 
(C) SPECIAL
RULE
FOR
THE
COLUMBIA 
RIVER.—The term ‘‘port’’ shall include the 
channels of the Columbia River in the States of 
Oregon and Washington only up to the down-
stream side of the Bonneville Lock and Dam. 
(8) SUPER DONOR PORT.— 
(A) IN GENERAL.—The term ‘‘super donor 
port’’ means a port for which average expendi-
tures in the 5 previous fiscal years— 
(i) for fiscal years beginning prior to 
the date of the enactment of this Act, from 
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the Harbor Maintenance Trust Fund pur-
suant to section 9505(c)(1) of the Internal 
Revenue Code of 1986 (relating to expend-
itures from the Harbor Maintenance Trust 
Fund) are less than 10 percent of the total 
average amount of harbor maintenance 
taxes collected through landings at such 
port in such fiscal years; or 
(ii) for fiscal years beginning after 
such date of enactment, from the amounts 
collected for the Maritime Goods Move-
ment User Fee are less than 10 percent of 
the total average amount of such Fees col-
lected through landings at such port. 
(B) 
INCLUDED
EXPENDITURES.—The 
amount of expenditures under subparagraph 
(A) shall only include expenditures made at 
such a port in the immediate harbor area con-
taining docks and other facilities utilized for the 
loading and unloading of foreign waterborne 
commerce and in any navigational channels in 
the United States that are necessary for the 
transportation of such foreign waterborne com-
merce between such immediate harbor areas 
and foreign ports. 
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(9) VALUE.—The term ‘‘value’’ means— 
(A) with respect to domestic commercial 
cargo, the value as determined by standard 
commercial documentation; 
(B) with respect to imported commercial 
cargo, the appraised value for duty as deter-
mined under section 402 of the Tariff Act of 
1930 (19 U.S.C. 1401a); or 
(C) with respect to the transportation of 
passengers for hire, the actual charge paid for 
such service or the prevailing charge for com-
parable service if no actual charge is paid. 
SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT 
USER FEE. 
(a) ESTABLISHMENT OF FEE.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, there is imposed a Maritime 
Goods Movement User Fee on all commercial 
cargo— 
(A) unloaded from or loaded on a commer-
cial vessel at a port; or 
(B) that enters the United States at a 
point of entry. 
(2) EFFECTIVE
DATE.—The Maritime Goods 
Movement User Fee shall be imposed on commercial 
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from a vessel if any fuel of such vessel has been (or will 
be) subject to the tax imposed by section 4042 of the In-
ternal Revenue Code of 1986 (relating to tax on fuels used 
in commercial transportation on inland waterways). 
(g) SPECIAL RULE FOR ALASKA, HAWAII, AND POS-
SESSIONS.— 
(1) IN GENERAL.—No Maritime Goods Move-
ment User Fee shall be imposed on— 
(A) cargo loaded on a vessel in a port in 
the United States mainland for transportation 
to Alaska, Hawaii, or any possession of the 
United States for ultimate use or consumption 
in Alaska, Hawaii, or any possession of the 
United States; 
(B) cargo loaded on a vessel in Alaska, 
Hawaii, or any possession of the United States 
for transportation to the United States main-
land, Alaska, Hawaii, or such a possession for 
ultimate use or consumption in the United 
States mainland, Alaska, Hawaii, or such a pos-
session; 
(C) the unloading of cargo described in 
subparagraph (A) or (B) in Alaska, Hawaii, or 
any possession of the United States, or in the 
United States mainland, respectively; or 
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(D) cargo loaded on a vessel in Alaska, 
Hawaii, or a possession of the United States 
and unloaded in the State or possession in 
which loaded, or passengers transported on 
United States flag vessels operating solely with-
in the State waters of Alaska or Hawaii and ad-
jacent international waters. 
(2) CARGO.—For purposes of this subsection, 
the term ‘‘cargo’’ does not include crude oil with re-
spect to Alaska. 
(3) UNITED STATES MAINLAND.—For purposes 
of this section, the term ‘‘United States mainland’’ 
means the continental United States (not including 
Alaska). 
(h) SPECIAL RULES.—Except as provided by regula-
tions: 
(1) FEE IMPOSED ONLY ONCE.—The Maritime 
Goods Movement User Fee shall be imposed on the 
same commercial cargo only 1 time. 
(2) 
EXCEPTION
FOR
INTRAPORT
MOVE-
MENTS.—Under regulations, no Maritime Goods 
Movement User Fee shall be imposed on the mere 
movement of commercial cargo within a port. 
(3) RELAY
CARGO.—Only 1 Maritime Goods 
Movement User Fee shall be imposed on cargo (mov-
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ing under a single bill of lading) which is unloaded 
from one vessel and loaded onto another vessel at 
any port in the United States for relay to or from 
any port in Alaska, Hawaii, or any possession of the 
United States. For purposes of this paragraph, the 
term ‘‘cargo’’ does not include any item not treated 
as cargo under subsection (g)(2). 
(i) EXEMPTION FOR UNITED STATES.—No Maritime 
Goods Movement User Fee shall be imposed on the United 
States or any agency or instrumentality thereof. 
(j) EXEMPTION FOR HUMANITARIAN AND DEVELOP-
MENT ASSISTANCE CARGOS.—No Maritime Goods Move-
ment User Fee shall be imposed on any nonprofit organi-
zation or cooperative for cargo which is owned or financed 
by such nonprofit organization or cooperative and which 
is certified by the U.S. Customs and Border Protection 
as intended for use in humanitarian or development assist-
ance overseas. 
(k) LIMITATION ON COLLECTION OF FEE.—No fee 
may be collected under this section except to the extent 
that the expenditure of the fee to pay the costs of activities 
and services for which the fee is imposed is provided for 
in advance in an appropriations Act. 
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(l) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, United 
States Code, any fee collected under this section— 
(1) shall be credited as offsetting collections to 
the accounts that finance the activities and services 
detailed in section 4; 
(2) shall be available for expenditure only to 
pay the costs of activities and services detailed in 
section 4; and 
(3) shall remain available until expended. 
SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT 
USER FEE. 
(a) ADMINISTRATIVE COSTS.—Up to $10,000,000 of 
the amount of the Maritime Goods Movement User Fees 
collected during any fiscal year shall be used for payment 
of expenses of administration incurred by the Department 
of Homeland Security, the Army Corps of Engineers, and 
the Department of Transportation. 
(b) OTHER EXPENDITURES.—The amounts of the 
Maritime Goods Movement User Fees collected for a fiscal 
year that are not used for administration under subsection 
(a) shall be allocated as follows: 
(1) HARBOR
MAINTENANCE
PROGRAMS.—For 
the first 5 fiscal years beginning after the date of 
the enactment of this Act, 95 percent, and for each 
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fiscal year thereafter 80 percent, of such amounts 
shall be available to pay up to 100 percent of the 
eligible operations and maintenance costs assigned 
to commercial navigation of all harbors and inland 
harbors within the United States, as authorized by 
section 210(a)(2) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2238(a)(2)), including 
the Federal share of the cost of— 
(A) maintenance of Federal navigation 
projects to their authorized depths and widths; 
(B) disposal of maintenance dredged mate-
rial; 
(C) construction and maintenance of 
dredged material placement facilities; 
(D) projects or activities for the beneficial 
use of dredged material or sand mitigation; 
(E) jetties, breakwaters, bridges, and other 
navigation structures; and 
(F) related studies and surveys. 
(2) LOW-USE PORTS.—Of the amounts made 
available each fiscal year for harbor maintenance 
programs under paragraph (1), up to 8 percent shall 
be allocated for low-use ports. Special emphasis shall 
be placed on low-use ports where there is a Coast 
Guard presence and low-use ports which the Coast 
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Guard determines to be restricted navigation areas 
or harbors of refuge. 
(3) COMPETITIVE GRANT PROGRAM FOR GOODS 
MOVEMENT.— 
(A) SUPER DONOR PORTS.—For each fis-
cal year beginning with the sixth fiscal year be-
ginning after the date of the enactment of this 
Act, 15 percent of the amounts of the Maritime 
Goods Movement User Fee not used for admin-
istration under subsection (a), shall be allocated 
to super donor ports to carry out projects or ac-
tivities described in paragraphs (1), (2), and (3) 
of section 5(e). 
(B) OTHER USES.—For each fiscal year 
beginning after the date of the enactment of 
this Act, 5 percent of the amounts of the Mari-
time Goods Movement User Fee not used for 
administration under subsection (a) shall be al-
located to carry out projects or activities de-
scribed in paragraphs (4), (5), and (6) of sub-
section 5(e). 
SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVE-
MENT. 
(a) ESTABLISHMENT OF GRANT PROGRAM.—There is 
established a Competitive Grant Program for Goods Move-
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ment to be administered by the Secretary of Transpor-
tation in consultation with the Assistant Secretary of the 
Army for Civil Works. 
(b) PURPOSE.—The purpose of the Competitive 
Grant Program for Goods Movement is to provide finan-
cial assistance for capital investments that improve the ef-
ficiency of the transportation system of the United States 
to move international maritime cargo. 
(c) PROJECT ELIGIBILITY.— 
(1) MINIMUM
NUMBER
OF
GRANTEES.—For 
each fiscal year, there shall be no less than— 
(A) 3 grantees that are super donor ports; 
and 
(B) 3 grantees that are eligible entities 
under subsection (d). 
(2) COST-SHARE.—The Federal cost share of a 
project awarded a grant under this section shall be 
no more than 50 percent of the total cost. 
(d) ELIGIBLE ENTITY.—A grant under this section 
may only be awarded to a State or local government enti-
ty, including a port authority. 
(e) ELIGIBLE PROJECTS.—A grant awarded under 
this section may be used for the following: 
(1) Any in-water improvement in the navigable 
waters in or near such port that the Secretary of the 
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Army is authorized to make, including environ-
mental remediation and habitat mitigation if cer-
tified by the Assistant Secretary to improve the 
movement of international maritime cargo. 
(2) Any in water improvement in berthing areas 
in such port pursuant to a channel widening or 
deepening project. 
(3) Maintenance of berthing areas adjacent to 
navigational channels in such port. 
(4) Improvements to an intermodal corridor fa-
cility project to benefit international maritime cargo 
as certified by the Secretary of Transportation or 
designee, in consultation with the Assistant Sec-
retary of the Army for Civil Works or designee. 
(5) Improvements to a land port of entry 
project to benefit international maritime cargo as 
certified by the Secretary of Transportation or des-
ignee, in consultation with the Assistant Secretary of 
the Army for Civil Works or designee. 
(6) A project that improves access to a port or 
intermodal terminal facility to benefit international 
maritime cargo as certified by the Secretary of 
Transportation or designee, in consultation with the 
Assistant Secretary of the Army for Civil Works or 
designee. 
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SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX. 
(a) IN GENERAL.—Subchapter A of chapter 36 of the 
Internal Revenue Code of 1986 is repealed. 
(b) CONFORMING AMENDMENT.—The table of sub-
chapters for chapter 36 of the Internal Revenue Code of 
1986 is amended by striking the item relating to sub-
chapter A. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to port uses (as defined in section 
4462 of such Code, as in effect on the day before the date 
of the enactment of this Act) on or after October 1 of 
the first fiscal year beginning after the date of the enact-
ment of this Act. 
SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR 
MAINTENANCE TRUST FUND. 
Any remaining balances in the Harbor Maintenance 
Trust Fund established by section 9505 of the Internal 
Revenue Code of 1986 (relating to expenditures from the 
Harbor Maintenance Trust Fund) shall remain available 
until expended in accordance with the requirements of 
subsection (c) of that section. 
SEC. 8. APPLICATION OF WAGE REQUIREMENTS. 
Nothing in this Act shall be construed to prevent the 
application of wage requirements otherwise applicable to 
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harbor maintenance improvement projects on the date of 
enactment of this Act. 
Æ 
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