H.R. 4105House113th Congress (2013-2015)In Committee

Maritime Goods Movement Act for the 21st Century

Introduced February 27, 2014

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

February 28, 2014

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HouseIntro Referral

Introduced in House

February 27, 2014

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E268)

February 27, 2014

HouseIntro Referral

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.

February 27, 2014

HouseCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

February 28, 2014

Floor Debate

24 members

What members said about H.R. 4105 on the floor

9 Republicans15 Democrats
Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Mar 14, 2014

Mr. Speaker, pursuant to House Resolution 515, I call up the bill (H.R. 4015) to amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and improve Medicare…

Fred Upton
Rep. Fred UptonR-MI-6 · Mar 14, 2014

Mr. Speaker, first I want to commend Republicans and Democrats for getting the policy right. This is a tough nut to crack. It was 51-0 in our committee, led by Joe Pitts, Dr. Burgess, the Doc Caucus,…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 14, 2014

Mr. Speaker, I rise to speak in strong opposition to H.R. 4015, the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 because of the passage of the Rule to this bill. I am not alone…

Sander M. Levin
Rep. Sander M. LevinD-MI-9 · Mar 14, 2014

Mr. Speaker, I yield myself such time as I may consume. What is going on here? The Republicans are bringing up a totally partisan bill to thwart a bipartisan bill. They are tossing aside common…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Mar 14, 2014

Mr. Speaker, I yield myself such time as I may consume. Enough really is enough. The unfair way Medicare pays our local doctors to treat our seniors has gone on for far too long. It is making it…

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Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Mar 14, 2014

Mr. Speaker, I thank the gentleman for yielding, and I thank him for his relentless and persistent leadership in helping America's seniors, today manifested in his support for the SGR and his…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Mar 14, 2014

Mr. Speaker, I want to thank my friend from Pennsylvania for yielding me the time, the chairman of the subcommittee, for making this possible to bring this bill to the floor today. I want to thank…

Mike Kelly
Rep. Mike KellyR-PA-3 · Mar 14, 2014

I thank the gentleman. Mr. Speaker, there are very few times in my life in which I have really had the privilege of representing people who are so dear to me. I just think, if you were to look at our…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Mar 14, 2014

Mr. Speaker, to start the debate on our side, I yield 2 minutes to the gentleman from New York (Mr. Engel). Mr. Speaker, at this time, I am pleased to yield 2 minutes to the gentlewoman from the…

Charles W. Boustany, Jr.
Rep. Charles W. Boustany, Jr.R-LA-3 · Mar 14, 2014

I applaud Chairman Brady's leadership on this issue. He has been instrumental in getting us to this point. Mr. Speaker, I rise in support of this bill after 3 long years of working on the policy to…

Tom Reed
Rep. Tom ReedR-NY-23 · Mar 14, 2014

I thank Chairman Brady for yielding the time. Mr. Speaker, I rise today to talk about the very important issue that this bill is here to address. We have at the end of the month a cliff where our…

Michael M. Honda
Rep. Michael M. HondaD-CA-17 · Mar 14, 2014

Mr. Speaker, I rise today in opposition to the version of H.R. 4015 that Republican leadership has brought to the floor of the House. The Balanced Budget Act of 1997 created SGR in an attempt to…

David Loebsack
Rep. David LoebsackD-IA-2 · Mar 14, 2014

Mr. Speaker, I have a motion to recommit at the desk. I am opposed in its current form. Mr. Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to the…

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Jim McDermott
Rep. Jim McDermottD-WA-7 · Mar 14, 2014

Mr. Speaker, this 51st attempt to repeal the ACA by stopping the individual mandate is part of the long-term propaganda campaign done by the Republicans to destroy the health care plan that the…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Mar 14, 2014

Mr. Speaker, today I will vote against H.R. 4015 despite being a cosponsor of the original bill. It should not have been that way. H.R. 4015 as originally drafted repealed the misguided SGR formula…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Mar 14, 2014

Mr. Speaker, I thank Mr. Waxman. Mr. Speaker, today the Republican leadership once again chooses politics over substance and what is good for the American people. The current SGR patch will expire on…

Dave Camp
Rep. Dave CampR-MI-4 · Mar 14, 2014

Mr. Speaker, I yield myself such time as I may consume. I rise today, Mr. Speaker, to strongly support H.R. 4015, the SGR Repeal and Provider Payment Modernization Act, as amended. The Ways and Means…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Mar 14, 2014

Mr. Speaker, today we vote to repeal the sustainable growth rate, a formula that was flawed from its 1997 beginning, and it has run its ugly course. As cochairman of the House GOP Doctors Caucus, I…

G. K. Butterfield
Rep. G. K. ButterfieldD-NC-1 · Mar 14, 2014

Mr. Speaker, I rise in strong opposition to this bill. This began as a bipartisan effort, but, predictably, this has devolved into nothing but another attempt by House Republicans to dismantle the…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Mar 14, 2014

Mr. Speaker, I regret that I cannot be present for today's session, as I am joining Admiral Mike Connor, Commander of our nation's submarine forces, on a visit to an in-service Virginia class…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Mar 14, 2014

Mr. Speaker, to quote a very famous President: There they go again. This is an alternative universe, through the Speaker, that you are trying to create. For years, we have been talking about how to…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-16 · Mar 14, 2014

I thank my friend from California for yielding to me. Mr. Speaker, I rise in strong opposition, not to the policy before us, but to the poison pill pay-for attached to this much-needed SGR…

Charles B. Rangel
Rep. Charles B. RangelD-NY-13 · Mar 14, 2014

Thank you, Chairman Levin. Mr. Speaker, this bill has nothing to do with paying the doctors who work every day in giving medical care to Medicare patients. It has to do with destroying the Affordable…

Rush Holt
Rep. Rush HoltD-NJ-12 · Mar 14, 2014

Mr. Speaker, I rise in opposition to H.R. 4015, a transparently phony attempt to fix the flawed Medicare payment system. For 17 years, we have neglected to address the erring formula by which we…

Bill Text

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Introduced in HouseIssued February 27, 2014

I

113th CONGRESS

2d Session

H. R. 4105

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) introduced 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 improvements and for other purposes.

1.

Short title

This Act may be cited as the Maritime Goods Movement Act for the 21st Century.

2.

Definitions

In this Act:

(1)

Commercial cargo

The term commercial cargo

(A)

means—

(i)

any cargo transported on a commercial vessel, including passengers transported 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 necessary 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 commercial 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 operator of the vessel; and

(B)

does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries.

(3)

Ferry

The term ferry means any vessel 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 intermediate country and arrives in the United States by another form of transit without being altered in any manner in the intermediate country.

(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

(A)

In general

Except as provided in subparagraphs (B) and (C), or otherwise specifically 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 facilities

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 downstream 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 expenditures in the 5 previous fiscal years—

(i)

for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures 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 Movement User Fee are less than 10 percent of the total average amount of such Fees collected 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 containing 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 commerce between such immediate harbor areas and foreign ports.

(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 determined 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 comparable service if no actual charge is paid.

3.

Establishment of Maritime Goods Movement User Fee

(a)

Establishment of fee

(1)

In general

Except as otherwise provided in this section, there is imposed a Maritime Goods Movement User Fee on all commercial cargo—

(A)

unloaded from or loaded on a commercial 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 cargo under paragraph (1) beginning on October 1 of the first fiscal year beginning after the date of the enactment of this Act.

(b)

Fee amount

The amount of the Maritime Goods Movement User Fee shall be an amount equal to 0.125 percent of the value of the commercial cargo.

(c)

Collection of fee

The Maritime Goods Movement User Fee shall be collected by U.S. Customs and Border Protection.

(d)

Time of imposition of fee

The Maritime Goods Movement User Fee shall be imposed on commercial cargo at the time—

(1)

the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the United States; or

(2)

the commercial cargo enters the United States at a point of entry.

(e)

Inapplicability to cargo

No Maritime Goods Movement User Fee shall be imposed under this section on any export of the United States.

(f)

Coordination of fee where transportation subject to tax imposed under 4042 of the Internal Revenue Code

No Maritime Goods Movement User Fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been (or will be) subject to the tax imposed by section 4042 of the Internal Revenue Code of 1986 (relating to tax on fuels used in commercial transportation on inland waterways).

(g)

Special rule for Alaska, Hawaii, and possessions

(1)

In general

No Maritime Goods Movement 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 mainland, Alaska, Hawaii, or such a possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession;

(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

(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 within the State waters of Alaska or Hawaii and adjacent international waters.

(2)

Cargo

For purposes of this subsection, the term cargo does not include crude oil with respect 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 regulations:

(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 movements

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 (moving 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 development assistance cargos

No Maritime Goods Movement User Fee shall be imposed on any nonprofit organization 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 assistance 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.

(l)

Receipts credited as offsetting collections

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.

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 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 Development 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 material;

(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 Guard determines to be restricted navigation areas or harbors of refuge.

(3)

Competitive grant program for goods movement

(A)

Super donor ports

For each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this Act, 15 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a), shall be allocated to super donor ports to carry out projects or activities 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 Maritime Goods Movement User Fee not used for administration under subsection (a) shall be allocated to carry out projects or activities described in paragraphs (4), (5), and (6) of subsection 5(e).

5.

Competitive Grant Program for Goods Movement

(a)

Establishment of grant program

There is established a Competitive Grant Program for Goods Movement to be administered by the Secretary of Transportation 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 financial assistance for capital investments that improve the efficiency 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 entity, 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 Army is authorized to make, including environmental remediation and habitat mitigation if certified 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 facility project 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.

(5)

Improvements to a land port of entry project 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.

(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.

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 subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter 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 enactment of this Act.

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.

8.

Application of wage requirements

Nothing in this Act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this Act.