AAPA Discussion Draft

1 Title: To require full spending of the Harbor Maintenance Trust Fund, to amend the Internal 2 Revenue Code of 1986 and the Water Resources Development Act of 1986 to modify provisions 3 relating to expenditures from the Harbor Maintenance Trust Fund, and for other purposes. 4 5 6 Be it enacted by the Senate and House of Representatives of the United States of America in 7 Congress assembled,

8 SECTION 1. SHORT TITLE. 9 This Act may be cited as the [“______Act”].

10 [SEC. 2. SPENDING FROM HARBOR MAINTENANCE 11 TRUST FUND. 12 TO BE SUPPLIED.]

13 SEC. 3. EXPENDITURES FROM HARBOR MAINTENANCE 14 TRUST FUND. 15 (a) In General.—Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 16 2238) is amended— 17 (1) by striking the section designation and heading and inserting the following:

18 “SEC. 210. EXPENDITURES FROM HARBOR 19 MAINTENANCE TRUST FUND.”; 20 (2) by striking subsection (d); 21 (3) by redesignating subsections (a), (b), (c), (e), and (f) as subsections (b), (c), (d), (f), 22 and (a), respectively, and moving the subsections so as to appear in alphabetical order; 23 (4) in subsection (a) (as so redesignated)— 24 (A) in paragraphs (2), (6), and (7), by striking “subsection (a)(2)” each place it 25 appears and inserting “subsection (b)(1)(B)”; 26 (B) by striking paragraphs (8) and (9); 27 (C) by redesignating paragraphs (1) through (7) as paragraphs (2), (5), (8), (10), 28 (13), (15), and (17), respectively; 29 (D) by inserting before paragraph (2) (as so redesignated) the following: 30 “(1) CARGO CONTAINER.—The term ‘cargo container’ means a cargo container that is 1 31 Twenty-foot Equivalent Unit.”; 32 (E) by inserting after paragraph (2) (as so redesignated) the following: 33 “(3) DISCRETIONARY CARGO.—The term ‘discretionary cargo’ means maritime cargo for 34 which the United States port of unloading is different than the United States port of entry.

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1 “(4) DONOR PORT.— 2 “(A) IN GENERAL.—The term ‘donor port’ means a port— 3 “(i) that is subject to the harbor maintenance fee under section 24.24 of title 19, 4 Code of Federal Regulations (or a successor regulation); 5 “(ii) at which the total amount of harbor maintenance taxes collected, including 6 domestic cargo and cruise passenger estimates, comprises not less than 7 $15,000,000 annually of the total receipts of the Harbor Maintenance Trust Fund 8 in the previous 3 fiscal years; 9 “(iii) that received less than 25 percent of the total amount of harbor 10 maintenance taxes collected at that port in the previous 5 fiscal years; and 11 “(iv) that is located in a State in which more than 2,000,000 cargo containers 12 were unloaded from or loaded onto vessels in the previous 3 fiscal years. 13 “(B) CALCULATION.—For the purpose of calculating the percentage described in 14 subparagraph (A)(iii), payments described under subsection (d)(4)(B)(i) shall not be 15 included.”; 16 (F) by inserting after paragraph (5) (as so redesignated) the following: 17 “(6) ENERGY COMMODITY.—The term ‘energy commodity’ includes— 18 “(A) petroleum products; 19 “(B) natural gas; 20 “(C) coal; 21 “(D) wind and solar energy components; and 22 “(E) biofuels. 23 “(7) ENERGY TRANSFER PORT.—The term ‘energy transfer port’ means a port— 24 “(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, 25 Code of Federal Regulations (or a successor regulation); 26 “(B) at which energy commodities comprised greater than 25 percent of all 27 commercial activity by tonnage in the previous 3 fiscal years; and 28 “(C) through which more than 40,000,000 tons of cargo on average were transported 29 in the previous 3 fiscal years.”; 30 (G) in paragraph (8) (as so redesignated), by adding at the end the following: 31 “(C) An in-water improvement, if the improvement— 32 “(i) benefits commercial navigation at the applicable harbor; and 33 “(ii) is located in, or adjacent to, a berth that is accessible to a Federal 34 navigation project. 35 “(D) An activity to maintain or improve slope stability at a berth in a harbor that is 36 accessible to a Federal navigation project, if the activity benefits commercial 37 navigation at the harbor.”; 2 6/5/2018 1:20 PM AAPA Discussion Draft

1 (H) by inserting after paragraph (8) (as so redesignated) the following: 2 “(9) FULLY MAINTAINED.—The term ‘fully maintained’, with respect to a project or 3 activity, is the definition provided by the USACE Navigation Asset Federal Advisory 4 Board”; 5 (I) by inserting after paragraph (10) (as so redesignated) the following: 6 “(11) GREAT LAKES PORT REGION.—The term ‘Great Lakes Port Region’ includes— 7 “(A) each of the States of— 8 “(i) Illinois; 9 “(ii) Indiana; 10 “(ii) Michigan; 11 “(iii) Minnesota; 12 “(iv) Ohio; and 13 “(v) Wisconsin; 14 “(B) the Great Lakes and St. Lawrence Seaway area of the State of New York; and 15 “(C) the Great Lakes area of the State of Pennsylvania. 16 “(12) GULF PORT REGION.—The term ‘Gulf Port Region’ includes— 17 “(A) each of the States of— 18 “(i) Alabama; 19 “(ii) Louisiana; 20 “(iii) Mississippi; and 21 “(iv) Texas; 22 “(B) the Gulf of Mexico coastal area in the State of Florida; and 23 “(C) any inland port that is— 24 “(i) located within the Gulf of Mexico watershed; and 25 “(ii) eligible to receive funding from the Harbor Maintenance Trust Fund.”; 26 (J) by inserting after paragraph (13) (as so redesignated) the following: 27 “(14) HARBOR MAINTENANCE TRUST FUND.—The term ‘Harbor Maintenance Trust Fund’ 28 means the Harbor Maintenance Trust Fund established by section 9505 of the Internal 29 Revenue Code of 1986.”; 30 (K) by inserting after paragraph (15) (as so redesignated) the following: 31 “(16) MEDIUM-SIZED DONOR PORT.— 32 “(A) IN GENERAL.—The term ‘medium-sized donor port’ means a port— 33 “(i) that is subject to the harbor maintenance fee under section 24.24 of title 19, 34 Code of Federal Regulations (or a successor regulation);

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1 “(ii) at which the total amount of harbor maintenance taxes collected (including 2 domestic cargo and cruise passenger estimates) comprised annually more than 3 $5,000,000, but less than $15,000,000, of the total funding of the Harbor 4 Maintenance Trust Fund in the previous 3 fiscal years; 5 “(iii) that received less than 25 percent of the total amount of harbor 6 maintenance taxes collected at that port in the previous 5 fiscal years; and 7 “(iv) that is located in a State in which more than 2,000,000 cargo containers 8 were unloaded from or loaded onto vessels in the previous 3 fiscal years. 9 “(B) CALCULATION.—For the purpose of calculating the percentage described in 10 subparagraph (A)(iii), payments described in subsection (d)(4)(B)(i) shall not be 11 included.”; and 12 (L) by adding at the end the following: 13 “(18) NORTH ATLANTIC PORT REGION.—The term ‘North Atlantic Port Region’ 14 includes— 15 “(A) the District of Columbia; 16 “(B) the Atlantic coastal area of the States of New York and Pennsylvania; and 17 “(C) each of the States of— 18 “(i) Connecticut; 19 “(ii) Delaware; 20 “(iii) Maine; 21 “(iv) Maryland; 22 “(v) Massachusetts; 23 “(vi) New Hampshire; 24 “(vii) New Jersey; 25 “(viii) Rhode Island; 26 “(ix) Vermont; and 27 “(x) Virginia. 28 (D) any inland port that is— 29 (i) located within the Hudson River watershed; and 30 (ii) eligible to receive funding from the Harbor Maintenance Trust Fund. 31 “(19) NORTH PACIFIC PORT REGION.—The term ‘North Pacific Port Region’ includes each 32 of the States of— 33 “(A) Alaska; 34 “(B) Oregon; and 35 “(C) Washington. 36 “(20) SOUTH ATLANTIC PORT REGION.—The term ‘South Atlantic Port Region’ includes— 4 6/5/2018 1:20 PM AAPA Discussion Draft

1 “(A) the Atlantic coastal area of the State of Florida; and 2 “(B) each of the States of— 3 “(i) Georgia; 4 “(ii) North Carolina; 5 “(iii) South Carolina; and 6 “(C) Puerto Rico and U.S. Virgin Islands. 7 “(21) SOUTH PACIFIC PORT REGION.—The term ‘South Pacific Port Region’ includes— 8 “(A) the State of California; 9 “(B) the State of Hawaii; and 10 “(C) each territory of the United States located in the Pacific Ocean. 11 “(22) TOTAL CORPS HMTF BUDGET RESOURCES.—The term ‘total Corps HMTF budget 12 resources’ means an amount equal to the difference between— 13 “(A) an amount equal to the sum of— 14 “(i) the amount of taxes received in the Treasury under section 4461 of the 15 Internal Revenue Code of 1986 for the preceding fiscal year; and 16 “(ii) any amounts credited to the Harbor Maintenance Trust Fund under section 17 9602(b) of the Internal Revenue Code of 1986 that are attributable to the portion 18 of the amounts described in clause (i) that are deposited in the Harbor 19 Maintenance Trust Fund; and 20 “(B) an amount equal to the lesser of, for each fiscal year— 21 “(i) the amount required during the fiscal year for St. Lawrence Seaway 22 operations and maintenance and customs expenses relating to the Harbor 23 Maintenance Trust Fund; and 24 “(ii) $40,000,000. 25 (5) in subsection (b) (as so redesignated)— 26 (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), 27 respectively, and indenting the subparagraphs appropriately; 28 (B) in subparagraph (A) (as so redesignated), by striking “and” at the end; 29 (C) in subparagraph (B) (as so redesignated), by striking the period at the end and 30 inserting the following: “; and 31 “(C) up to 100 percent of the eligible costs to donor ports, medium-sized donor 32 ports, and energy transfer ports, in accordance with this section.”; 33 (D) in the matter preceding subparagraph (A) (as so redesignated)— 34 (i) by striking “, established by section 9505 of the Internal Revenue Code of 35 1954,”; and 36 (ii) by striking “There are” and inserting the following: 5 6/5/2018 1:20 PM AAPA Discussion Draft

1 “(1) IN GENERAL.—Subject to paragraph (2), there are”; and 2 (E) by adding at the end the following: 3 “(2) LIMITATIONS.— 4 “(A) ENERGY TRANSFER PORTS.—The amounts made available under this section for 5 energy transfer ports shall be divided equally among all States that contain an energy 6 transfer port. 7 “(B) DONOR PORTS AND MEDIUM-SIZED DONOR PORTS.—Of the amounts made 8 available under this section for donor ports and medium-sized donor ports— 9 “(i) 50 percent shall be equally divided among eligible donor ports, in 10 accordance with this section; and 11 “(ii) 50 percent shall be divided between eligible donor ports and medium-sized 12 donor ports based on the percentage of the total harbor maintenance tax revenues 13 generated at each eligible donor port and medium-sized donor port. 14 “(C) ALLOCATION.— 15 “(i) IN GENERAL.—Amounts provided to a port under this section shall be made 16 available to the port as— 17 “(I) a donor port; 18 “(II) a medium-sized donor port; or 19 “(III) an energy transfer port. 20 “(ii) TREATMENT.—No port may receive amounts made available under this 21 section for more than 1 designation described in clause (i).”; 22 (6) in subsection (d) (as so redesignated)— 23 (A) by striking the subsection designation and heading and all that follows through 24 “the Secretary” in paragraph (1) and inserting the following: 25 “(d) Use of Funds.— 26 “(1) ALLOCATIONS.— 27 “(A) IN GENERAL.—Subject to subparagraph (B), the Secretary”; 28 (B) in paragraph (1)— 29 (i) in subparagraph (A) (as so designated), by striking “subsection (a)(2)” and 30 inserting “subsection (b)(1)(B)”; and 31 (ii) by adding at the end the following: 32 “(B) MINIMUM REGIONAL GUARANTEES.—Notwithstanding any other provision of 33 this subsection, in making expenditures under subparagraph (A) for each fiscal year, 34 the Secretary shall allocate not less than 10 percent of the total Corps HMTF budget 35 resources made available under this section to each of— 36 “(i) the North Atlantic Port Region;

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1 “(ii) the South Atlantic Port Region; 2 “(iii) the Gulf Port Region; 3 “(iv) the Great Lakes Port Region; 4 “(v) the North Pacific Port Region; and 5 “(vi) the South Pacific Port Region.”; 6 (C) in paragraph (2)— 7 (i) by striking “paragraph (1)” each place it appears and inserting “paragraph 8 (1)(A)”; and 9 (ii) in subparagraph (A)(i), by striking “subsection (e)” and inserting 10 “subsection (f)”; 11 (D) in paragraph (3), by striking “10 percent” and all that follows through the period 12 at the end and inserting “10 percent of total Corps HMTF budget resources to be 13 allocated under paragraph (1)(B) to pay the costs described in subsection (b)(1)(B).”; 14 (E) by redesignating paragraph (4) as paragraph (6); and 15 (F) by inserting after paragraph (3) the following: 16 “(4) DONOR PORTS AND ENERGY TRANSFER PORTS.— 17 “(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall use amounts in 18 the Harbor Maintenance Trust Fund to pay the costs described in subsection (b)(1)(C), 19 in accordance with the applicable allocations under paragraph (5). 20 “(B) USE OF FUNDS.—The amounts provided under this paragraph may be used at a 21 donor port, a medium-sized donor port, or an energy transfer port— 22 “(i) to provide payments to importers entering cargo through that port, as 23 calculated by the Secretary according to the value of discretionary cargo and in 24 accordance with subparagraph (C); 25 “(ii) for expanded uses; or 26 “(iii) for environmental remediation related to dredging berths and Federal 27 navigation channels. 28 “(C) ADMINISTRATION OF PAYMENTS.— 29 “(i) IN GENERAL.—If a donor port, medium-sized donor port, or energy transfer 30 port elects to provide payments to importers pursuant to subparagraph (B)(i), the 31 Secretary shall transfer to the Commissioner of U.S. Customs and Border 32 Protection those payments that would otherwise be provided to the port under this 33 paragraph to provide payments to the importers of discretionary cargo that is— 34 “(I) shipped through the port; and 35 “(II) most at risk of diversion to seaports outside the United States. 36 “(ii) REQUIREMENT.—The Secretary, in consultation with a port electing to 37 provide payments pursuant to subparagraph (B)(i), shall determine the top

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1 importers at the port, as ranked by the value of discretionary cargo, and payments 2 shall be limited to those top importers. 3 “(5) SPENDING BY ANNUAL HMTF REVENUES.—The amounts provided to carry out 4 subparagraphs (B) and (C) of subsection (b)(1) shall be distributed in accordance with the 5 following: 6 “(A) For any fiscal year beginning after the date of enactment of the [______Act] 7 during which the total Corps HMTF budget resources were equal to not more than 8 $1,540,000,000— 9 “(i) 90 percent shall be used in accordance with subsection (b)(1)(B); and 10 “(ii) 10 percent shall be used in accordance with subsection (b)(1)(C), of 11 which— 12 “(I) not less than 2 percent shall be provided to energy transfer ports in 13 accordance with subsection (b)(2)(A); and 14 “(II) not less than 8 percent shall be provided to donor ports and medium- 15 sized donor ports in accordance with subsection (b)(2)(B). 16 “(B) For any fiscal year beginning after the date of enactment of the [______Act] 17 during which the total Corps HMTF budget resources were greater than 18 $1,540,000,000 but less than $1,750,000,000— 19 “(i) of the initial $1,540,000,000 of total Corps HMTF budget resources— 20 “(I) not less than $1,386,000,000 shall be used in accordance with 21 subsection (b)(1)(B); 22 “(II) not less than $154,000,000 shall be used in accordance with 23 subsection (b)(1)(C), of which— 24 “(aa) not less than $30,800,000 shall be provided to energy transfer 25 ports in accordance with subsection (b)(2)(A); and 26 “(bb) not less than $123,200,000 shall be provided to donor ports and 27 medium-sized donor ports in accordance with subsection (b)(2)(B); and 28 “(III) not less than $154,000,000 shall be used for emerging harbor 29 projects; and 30 “(ii) of any total Corps HMTF budget resources in excess of $1,540,000,000— 31 “(I) 25 percent shall be used in accordance with subsection (b)(1)(B); and 32 “(II) 75 percent shall be used in accordance with subsection (b)(1)(C), of 33 which— 34 “(aa) not less than 33 percent shall be provided to energy transfer 35 ports in accordance with subsection (b)(2)(A); and 36 “(bb) not less than 66 percent shall be provided to donor ports and 37 medium-sized donor ports in accordance with subsection (b)(2)(B); and 38 “(III) not less than 10 percent of any Corps HMTF budget resources in

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1 excess of $154,000,000 shall be used for emerging harbor projects.” 2 “(C) For any fiscal year beginning after the date of enactment of the [______Act] 3 during which the total Corps HMTF budget resources were equal to more than 4 $1,750,000,000— 5 “(i) 85 percent shall be used in accordance with subsection (b)(1)(B); and 6 “(ii) 15 percent shall be used in accordance with subsection (b)(1)(C), of 7 which— 8 “(I) not less than 5 percent shall be provided to energy transfer ports in 9 accordance with subsection (b)(2)(A); and 10 “(II) not less than 10 percent shall be provided to donor ports and 11 medium-sized donor ports in accordance with subsection (b)(2)(B); and 12 “(iii) not less than $175,000,000 shall be used for emerging harbor projects.”; 13 “(D) Notwithstanding subparagraphs (A) through (C), for any fiscal year beginning 14 after the date of enactment of the [______Act] during which the Secretary determines 15 that the activities described in subsection (b)(1)(B) are fully maintained— 16 “(i) 80 percent shall be used in accordance with subsection (b)(1)(B); and 17 “(ii) 20 percent shall be used in accordance with subsection (b)(1)(C), of 18 which— 19 “(I) not less than 10 percent shall be provided to energy transfer ports in 20 accordance with subsection (b)(2)(A); and 21 “(II) not less than 10 percent shall be provided to donor ports and 22 medium-sized donor ports in accordance with subsection (b)(2)(B); and 23 “(iii) not less than 10 percent shall be used for emerging harbor projects. 24 (7) by inserting after subsection (d) (as so redesignated) the following: 25 “(e) Emergency Expenditures.—Nothing in this subsection prohibits the Secretary from 26 making an expenditure to pay for the operation and maintenance costs of a specific harbor or 27 inland harbor, including the transfer of funding from the operation and maintenance of a separate 28 project, if— 29 “(1) the Secretary determines that the action is necessary to address the navigation needs 30 of a harbor or inland harbor where safe navigation has been severely restricted due to an 31 unforeseen event; and 32 “(2) the Secretary provides within 90 days of the action notice and information on the 33 need for the action to the Committee on Environment and Public Works and the Committee 34 on Appropriations of the Senate and the Committee on Transportation and Infrastructure 35 and the Committee on Appropriations of the House of Representatives.”; and 36 (8) by striking subsection (f) (as so redesignated) and inserting the following: 37 “(f) Harbor Maintenance Tax Assets Federal Advisory Board.— 38 “(1) ESTABLISHMENT.—The Secretary, acting through the Deputy Commanding General

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1 for Civil and Emergency Operations, shall establish an advisory board, to be known as the 2 ‘Harbor Maintenance Tax Assets Federal Advisory Board’ (referred to in this subsection as 3 the ‘Board’), to coordinate with and advise the Secretary and Congress regarding the 4 condition of the deep-draft navigation assets of the United States, including making 5 recommendations regarding the achievement of fully maintained status by the HMT eligible 6 navigation assets. 7 “(2) MEMBERSHIP.— 8 “(A) IN GENERAL.—The Board shall include, at a minimum— 9 “(i) 1 representative of navigation interests from the headquarters office of the 10 Corps of Engineers; 11 “(ii) 1 representative of Corps of Engineers navigation staff from each of— 12 “(I) the Great Lakes Port Region; 13 “(II) the Gulf Port Region; 14 “(III) the North Atlantic Port Region; 15 “(IV) the North Pacific Port Region; 16 “(V) the South Atlantic Port Region; and 17 “(VI) the South Pacific Port Region; 18 “(iii) 1 representative of public ports interests from each of— 19 “(I) the Great Lakes Port Region; 20 “(II) the Gulf Port Region; 21 “(III) the North Atlantic Port Region; 22 “(IV) the North Pacific Port Region; 23 “(V) the South Atlantic Port Region; and 24 “(VI) the South Pacific Port Region; 25 “(iv) 1 representative of public ports interests from each of— 26 “(I) high-use harbor projects; 27 “(II) moderate-use harbor projects; and 28 “(III) emerging harbor projects; 29 “(v) 4 representatives of public ports interests, of whom— 30 “(I) the majority of the business experience of 1 shall relate to cargo 31 container freight shipments; 32 “(II) the majority of the business experience of 1 shall relate to bulk 33 freight shipments; 34 “(III) the majority of the business experience of 1 shall relate to break- 35 bulk freight shipments; and

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1 “(IV) the majority of the business experience of 1 shall relate to energy 2 transfer ports; 3 “(vi) 3 representatives of private sector shipping and freight forwarding entities 4 that conduct ongoing freight movement together with public port operators; and 5 “(vii) 1 representative of a national public ports association. 6 “(B) MULTIPLE ROLES OF MEMBERS.—A member of the Board who is a public ports 7 representative may serve the Board in multiple roles described in subparagraph (A). 8 “(3) DUTIES.— 9 “(A) REVIEW AND EVALUATION.—Not later than 12 months after the date of 10 enactment of the ______Act, and not less frequently than annually thereafter, the 11 Board shall conduct— 12 “(i) a review of the status of asset classes eligible to receive funding from the 13 Harbor Maintenance Trust Fund, including— 14 “(I) navigation channels; 15 “(II) navigation structures, such as jetties and breakwaters; 16 “(III) dredged material placement facilities; and 17 “(IV) navigation locks; and 18 “(ii) an evaluation to determine when the HMT eligible navigation assets will 19 achieve fully maintained status. 20 “(B) RECOMMENDATIONS.—Based on the review and evaluation under subparagraph 21 (A), the Board shall develop and submit to the Secretary and Congress 22 recommendations regarding performance standards for the asset classes described in 23 subclauses (I) through (IV) of subparagraph (A)(i). 24 “(C) REQUIREMENTS.—In conducting a review and evaluation under subparagraph 25 (A) and developing recommendations under subparagraph (B), the Board shall, to the 26 maximum extent practicable— 27 “(i) use the evaluation conducted by the Secretary for the preceding calendar 28 year under paragraph (6)(A)(i); and 29 “(ii) solicit and take into consideration public comments. 30 “(4) POWERS.— 31 “(A) WORKING GROUPS.—The Board may, as the Board determines to be 32 appropriate— 33 “(i) establish working groups to focus on specific areas and asset classes; and 34 “(ii) include in a working group established under clause (i) individuals who 35 are not members of the Board to ensure adequate expertise and representation. 36 “(B) HEARINGS.—The Board may hold such hearings, sit and act at such times and 37 places, take such testimony, and receive such evidence as the Board considers 38 advisable to carry out this subsection. 11 6/5/2018 1:20 PM AAPA Discussion Draft

1 “(C) INFORMATION FROM FEDERAL AGENCIES.— 2 “(i) IN GENERAL.—The Board may secure directly from any Federal department 3 or agency such information as the Board considers necessary to carry out this 4 subsection. 5 “(ii) REQUIREMENT.—On receipt of a request from the Board, the head of a 6 Federal department or agency shall provide to the Board the requested 7 information. 8 “(D) POSTAL SERVICES.—The Board may use the United States mails in the same 9 manner and under the same conditions as other Federal departments and agencies. 10 “(E) GIFTS.—The Board may accept, use, and dispose of gifts or donations of 11 services or property. 12 “(5) ADMINISTRATION.— 13 “(A) TRAVEL EXPENSES.—A member of the Board who is not an employee of the 14 Federal Government shall be allowed travel expenses, including per diem in lieu of 15 subsistence, at rates authorized for employees of agencies under subchapter I of 16 chapter 57 of title 5, United States Code, while away from their homes or regular 17 places of business in the performance of services for the Board. 18 “(B) APPLICABILITY OF FACA.— 19 “(i) TREATMENT OF MEMBERS.—The members of the Board shall not be 20 considered to be special Government employees (as defined in section 202 of title 21 18, United States Code) for purposes of the Federal Advisory Committee Act (5 22 U.S.C. App.). 23 “(ii) NO TERMINATION.—Section 14 of the Federal Advisory Committee Act (5 24 U.S.C. App.) shall not apply to the Board. 25 “(6) ACTION BY SECRETARY.— 26 “(A) IN GENERAL.—Using the recommendations developed by the Board under 27 paragraph (3)(B), the Secretary shall— 28 “(i) conduct, and submit to the Board a report describing the results of, an 29 annual evaluation of assets eligible to receive funding from the Harbor 30 Maintenance Trust Fund; 31 “(ii) determine when the HMT eligible navigation assets are fully maintained; 32 and 33 “(iii) for any asset described in clause (i) that is not fully maintained, establish 34 a cost range, expressed by asset class, for additional funds required to meet an 35 acceptable level of performance. 36 “(B) PUBLIC PARTICIPATION.—The Secretary shall— 37 “(i) publish a draft of each evaluation conducted under subparagraph (A)(i) for 38 public review and comment; and 39 “(ii) include in the final report a description of any public comments received 12 6/5/2018 1:20 PM AAPA Discussion Draft

1 under clause (i).”. 2 “(g) ADDITIONAL REPORTS.—At the request of the Committee on Environment and Public 3 Works or Appropriations of the Senate, or the Committee on Transportation and Infrastructure or 4 Appropriations of the House of Representatives, the Secretary shall submit to the Committee an 5 update in the form of testimony and any additional reports regarding the allocation of funding 6 under this section or the description of projects that receive such funding.” 7 (b) Funding for Harbor Maintenance Programs; Donor Ports and Energy Transfer Ports.— 8 Sections 2101 and 2106 of the Water Resources Reform and Development Act of 2014 (33 9 U.S.C. 2238b, 2238c) are repealed. 10

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