§ 2238c. Additional measures at donor ports and energy transfer ports

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title II § 2106 · 128 Stat. 1193

   Enacted · 33 U.S.C. § 2238c

   Pub. L. 113–121, title II, § 2106, June 10, 2014, 128 Stat. 1280

   Source evidence

   Code source credit
   Pub. L. 113–121, title II, § 2106, June 10, 2014, 128 Stat. 1280

   Enacted provision · exact public law section
   SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS. (a) Definitions.— In this section: (1) Cargo container.— The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. (2) Donor port.— The term “donor port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (B) at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and (D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012. (3) Energy commodity.— The term “energy commodity” includes— (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (4) Energy transfer port.— The term “energy transfer port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or any successor regulation); and (B) (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and (ii) through which more than 40,000,000 tons of cargo were transported in fiscal year 2012. (5) Expanded uses.— The term “expanded uses” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)). (6) Harbor maintenance tax.— The term “harbor maintenance tax” has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)). (b) Authority.— (1) In general.— Subject to the availability of appropriations, the Secretary may provide to donor ports and energy transfer ports amounts in accordance with this section. (2) Limitations.— Amounts provided under this section— (A) for energy transfer ports shall be divided equally among all States with an energy transfer port; and (B) shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port. (c) Use of Funds.— Amounts provided under this section may be used by a donor port or an energy transfer port— (1) to provide payments to importers entering cargo or shippers transporting cargo through that port, as calculated by U.S. Customs and Border Protection according to the amount of harbor maintenance taxes collected; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels. (d) Administration of Payments.— If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers. (e) Report to Congress.— (1) In general.— Not later than 18 months after the date of enactment of this section, the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority. (2) Factors.— In carrying out the assessment under paragraph (1), the Secretary shall assess— (A) the impact of the amounts provided and used under this section on those ports that received funds under this section; and (B) any impact on domestic harbors and ports that did not receive funds under this section. (f) Authorization of Appropriations.— (1) In general.— There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2018. (2) Division between donor ports and energy transfer ports.— For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports. (3) Additional appropriations.— If the target total budget resources under subparagraphs (A) through (D) of section 2101(b)(1) are met for each of fiscal years 2015 through 2018, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2022.

2. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(B) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2238c(a)(2)

   Pub. L. 114–322, § 1110(1)(B), added par. (2). Former par. (2) redesignated (3)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 114–322, § 1110(1)(B), added par. (2). Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (B) by inserting after paragraph (1) the following: “(2) Discretionary cargo.— The term ‘discretionary cargo’ means maritime cargo for which the United States port of unlading is different than the United States port of entry.” ;

3. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(C) · 130 Stat. 1628

   1. Amended · 33 U.S.C. § 2238c(a)(3)

      Pub. L. 114–322, § 1110(1)(C), designated existing provisions as subpar. (A)

   2. Inserted · 33 U.S.C. § 2238c(a)(3)

      Pub. L. 114–322, § 1110(1)(C), inserted heading

   3. Redesignated · 33 U.S.C. § 2238c(a)(3)

      Pub. L. 114–322, § 1110(1)(C), redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A)

   4. Added · 33 U.S.C. § 2238c(a)(3)

      Pub. L. 114–322, § 1110(1)(C), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 114–322, § 1110(1)(C), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A), and added subpar. (B).

   Enacted provision · exact public law section
   (C) in paragraph (3) (as redesignated)— (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as redesignated) by striking “The term” and inserting the following: “(A) In general.— The term” ; and (iii) by adding at the end the following: “(B) Calculation.— For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.” ;

4. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(A) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2238c(a)(3)

   Pub. L. 114–322, § 1110(1)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 114–322, § 1110(1)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

5. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(A) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2238c(a)(4)

   Pub. L. 114–322, § 1110(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 114–322, § 1110(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

6. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(A) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2238c(a)(5)

   Pub. L. 114–322, § 1110(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 114–322, § 1110(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

7. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(D) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 2238c(a)(5)(A)

   Pub. L. 114–322, § 1110(1)(D), substituted “Code of Federal Regulations” for “Code of Federal Regulation”

   Source evidence

   Code amendment note
   Subsec. (a)(5)(A). Pub. L. 114–322, § 1110(1)(D), substituted “Code of Federal Regulations” for “Code of Federal Regulation”.

   Enacted provision · exact public law section
   (D) in paragraph (5)(A) (as redesignated), by striking “Code of Federal Regulation” and inserting “Code of Federal Regulations”; and

8. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(A) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2238c(a)(6); 33 U.S.C. § 2238c(a)(7)

   Pub. L. 114–322, § 1110(1)(A), redesignated pars. (5) and (6) as (6) and (7), respectively

   Source evidence

   Code amendment note
   Subsec. (a)(6), (7). Pub. L. 114–322, § 1110(1)(A), redesignated pars. (5) and (6) as (6) and (7), respectively.

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

9. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1110(1)(E) · 130 Stat. 1628

   Added · 33 U.S.C. § 2238c(a)(8)

   Pub. L. 114–322, § 1110(1)(E), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 114–322, § 1110(1)(E), added par. (8).

   Enacted provision · exact public law section
   (E) by adding at the end the following: “(8) Medium-sized donor port.— The term ‘medium-sized donor port’ means a port— “(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); “(B) at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; “(C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and “(D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal year 2012.” ;

10. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(2)(A) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2238c(b)(1)

    Pub. L. 114–322, § 1110(2)(A), substituted “donor ports, medium-sized donor ports,” for “donor ports”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–322, § 1110(2)(A), substituted “donor ports, medium-sized donor ports,” for “donor ports”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “donor ports” and inserting “donor ports, medium-sized donor ports,”; and

11. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(2)(B) · 130 Stat. 1628

    1. Added · 33 U.S.C. § 2238c(b)(2)(B); 33 U.S.C. § 2238c(b)(2)(C)

       Pub. L. 114–322, § 1110(2)(B), added subpars. (B) and (C)

    2. Struck · 33 U.S.C. § 2238c(b)(2)(B); 33 U.S.C. § 2238c(b)(2)(C)

       Pub. L. 114–322, § 1110(2)(B), struck out former subpar. (B) which read as follows: “shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 114–322, § 1110(2)(B), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: “shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port.”

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) in subparagraph (A), by striking “and” at the end; and (ii) by striking subparagraph (B) and inserting the following: “(B) shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and “(C) for donor ports and medium-sized donor ports— “(i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and “(ii) 50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port.” ;

12. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(3)(A) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2238c(c)

    Pub. L. 114–322, § 1110(3)(A), substituted “donor port, a medium-sized donor port,” for “donor port” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–322, § 1110(3)(A), substituted “donor port, a medium-sized donor port,” for “donor port” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “donor port” and inserting “donor port, a medium-sized donor port,”; and

13. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(3)(B) · 130 Stat. 1628

    1. Struck · 33 U.S.C. § 2238c(c)(1)

       Pub. L. 114–322, § 1110(3)(B), struck out “or shippers transporting cargo” after “entering cargo”

    2. Substituted · 33 U.S.C. § 2238c(c)(1)

       Pub. L. 114–322, § 1110(3)(B), substituted “the Secretary” for “U.S. Customs and Border Protection”

    3. Substituted · 33 U.S.C. § 2238c(c)(1)

       Pub. L. 114–322, § 1110(3)(B), substituted “value of discretionary cargo” for “amount of harbor maintenance taxes collected”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 114–322, § 1110(3)(B), struck out “or shippers transporting cargo” after “entering cargo” and substituted “the Secretary” for “U.S. Customs and Border Protection” and “value of discretionary cargo” for “amount of harbor maintenance taxes collected”.

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “or shippers transporting cargo”; (ii) by striking “U.S. Customs and Border Protection” and inserting “the Secretary”; and (iii) by striking “amount of harbor maintenance taxes collected” and inserting “value of discretionary cargo”;

14. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(4) · 130 Stat. 1628

    1. Added · 33 U.S.C. § 2238c(d)

       Pub. L. 114–322, § 1110(4), added subsec. (d)

    2. Struck · 33 U.S.C. § 2238c(d)

       Pub. L. 114–322, § 1110(4), struck out former subsec. (d). Prior to amendment, text read as follows: “If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–322, § 1110(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers.”

    Enacted provision · exact public law section
    (4) by striking subsection (d) and inserting the following: “(d) Administration of Payments.— “(1) In general.— If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is— “(A) shipped through the port; and “(B) most at risk of diversion to seaports outside of the United States. “(2) Requirement.— The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers.” ;

15. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(5)(A) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2238c(f)(1)

    Pub. L. 114–322, § 1110(5)(A), substituted “2020” for “2018”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 114–322, § 1110(5)(A), substituted “2020” for “2018”.

    Enacted provision · exact public law section
    (A) in paragraph (1) by striking “2018” and inserting “2020”;

16. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(5)(B) · 130 Stat. 1628

    1. Added · 33 U.S.C. § 2238c(f)(2)

       Pub. L. 114–322, § 1110(5)(B), added par. (2)

    2. Struck · 33 U.S.C. § 2238c(f)(2)

       Pub. L. 114–322, § 1110(5)(B), struck out former par. (2). Prior to amendment, text read as follows: “For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports.”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 114–322, § 1110(5)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports.”

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and inserting the following: “(2) Division between donor ports, medium-sized donor ports, and energy transfer ports.— For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to— “(A) donor ports and medium-sized donor ports; and “(B) energy transfer ports.” ; and

17. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(5)(C) · 130 Stat. 1628

    1. Substituted · 33 U.S.C. § 2238c(f)(3)

       Pub. L. 114–322, § 1110(5)(C), substituted “2016 through 2020” for “2015 through 2018”

    2. Substituted · 33 U.S.C. § 2238c(f)(3)

       Pub. L. 114–322, § 1110(5)(C), substituted “2021 through 2025” for “2019 through 2022”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 114–322, § 1110(5)(C), substituted “2016 through 2020” for “2015 through 2018” and “2021 through 2025” for “2019 through 2022”.

    Enacted provision · exact public law section
    (C) in paragraph (3)— (i) by striking “2015 through 2018” and inserting “2016 through 2020”; and (ii) by striking “2019 through 2022” and inserting “2021 through 2025”; and

18. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1110(6) · 130 Stat. 1628

    Added · 33 U.S.C. § 2238c(g)

    Pub. L. 114–322, § 1110(6), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–322, § 1110(6), added subsec. (g).

    Enacted provision · exact public law section
    (6) by adding at the end the following: “(g) Savings Clause.— Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46, United States Code.” .

19. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(A)(i) · 134 Stat. 1182

    Amended · 33 U.S.C. § 2238c(a)(3)(A)(ii)

    Pub. L. 116–260, § 104(b)(1)(A)(i), amended cl. (ii) generally. Prior to amendment, text read as follows: “at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26;”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(ii). Pub. L. 116–260, § 104(b)(1)(A)(i), amended cl. (ii) generally. Prior to amendment, text read as follows: “at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26;”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

20. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(A)(ii) · 134 Stat. 1182

    1. Inserted · 33 U.S.C. § 2238c(a)(3)(A)(iii)

       Pub. L. 116–260, § 104(b)(1)(A)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected”

    2. Substituted · 33 U.S.C. § 2238c(a)(3)(A)(iii)

       Pub. L. 116–260, § 104(b)(1)(A)(ii), substituted “3 fiscal years” for “5 fiscal years”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(iii). Pub. L. 116–260, § 104(b)(1)(A)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected” and substituted “3 fiscal years” for “5 fiscal years”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

21. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(A)(iii) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2238c(a)(3)(A)(iv)

    Pub. L. 116–260, § 104(b)(1)(A)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(iv). Pub. L. 116–260, § 104(b)(1)(A)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

22. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(B) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2238c(a)(5)(B)

    Pub. L. 116–260, § 104(b)(1)(B), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B). Pub. L. 116–260, § 104(b)(1)(B), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012” in two places.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

23. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(C) · 134 Stat. 1182

    1. Added · 33 U.S.C. § 2238c(a)(8); 33 U.S.C. § 2238c(a)(9)

       Pub. L. 116–260, § 104(b)(1)(C), added par. (8)

    2. Redesignated · 33 U.S.C. § 2238c(a)(8); 33 U.S.C. § 2238c(a)(9)

       Pub. L. 116–260, § 104(b)(1)(C), redesignated former par. (8) as (9)

    Source evidence

    Code amendment note
    Subsec. (a)(8), (9). Pub. L. 116–260, § 104(b)(1)(C), added par. (8) and redesignated former par. (8) as (9).

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

24. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(D)(i) · 134 Stat. 1182

    Amended · 33 U.S.C. § 2238c(a)(9)(B)

    Pub. L. 116–260, § 104(b)(1)(D)(i), amended subpar. (B) generally. Prior to amendment, text read as follows: “at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26;”

    Source evidence

    Code amendment note
    Subsec. (a)(9)(B). Pub. L. 116–260, § 104(b)(1)(D)(i), amended subpar. (B) generally. Prior to amendment, text read as follows: “at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26;”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

25. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(D)(ii) · 134 Stat. 1182

    1. Inserted · 33 U.S.C. § 2238c(a)(9)(C)

       Pub. L. 116–260, § 104(b)(1)(D)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected”

    2. Substituted · 33 U.S.C. § 2238c(a)(9)(C)

       Pub. L. 116–260, § 104(b)(1)(D)(ii), substituted “3 fiscal years” for “5 fiscal years”

    Source evidence

    Code amendment note
    Subsec. (a)(9)(C). Pub. L. 116–260, § 104(b)(1)(D)(ii), inserted “(including the estimated taxes related to domestic cargo and cruise passengers)” after “taxes collected” and substituted “3 fiscal years” for “5 fiscal years”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

26. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(1)(D)(iii) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2238c(a)(9)(D)

    Pub. L. 116–260, § 104(b)(1)(D)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”

    Source evidence

    Code amendment note
    Subsec. (a)(9)(D). Pub. L. 116–260, § 104(b)(1)(D)(iii), substituted “on an average annual basis for the previous 3 fiscal years” for “in fiscal year 2012”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

27. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(2)(A) · 134 Stat. 1182

    1. Redesignated · 33 U.S.C. § 2238c(e)

       Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (f) as (e)

    2. Struck · 33 U.S.C. § 2238c(e)

       Pub. L. 116–260, § 104(b)(2)(A), struck out former subsec. (e) which related to report to Congress

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to report to Congress.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

28. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(2)(B) · 134 Stat. 1182

    Amended · 33 U.S.C. § 2238c(e)(1)

    Pub. L. 116–260, § 104(b)(2)(B), amended par. (1) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2020.”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 116–260, § 104(b)(2)(B), amended par. (1) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2020.”

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

29. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(2)(A) · 134 Stat. 1182

    Redesignated · 33 U.S.C. § 2238c(f)

    Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

30. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(a)(1) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2238c(f)(1)

    Pub. L. 116–260, § 104(a)(1), substituted “2022” for “2020”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 116–260, § 104(a)(1), substituted “2022” for “2020”.

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

31. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(a)(2) · 134 Stat. 1182

    Struck · 33 U.S.C. § 2238c(f)(3)

    Pub. L. 116–260, § 104(a)(2), struck out par. (3). Prior to amendment, text read as follows: “If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title are met for each of fiscal years 2016 through 2020, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 116–260, § 104(a)(2), struck out par. (3). Prior to amendment, text read as follows: “If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title are met for each of fiscal years 2016 through 2020, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.”

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

32. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 104(b)(2)(A) · 134 Stat. 1182

    Redesignated · 33 U.S.C. § 2238c(g)

    Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–260, § 104(b)(2)(A), redesignated subsec. (g) as (f).

    Enacted provision · exact public law section
    Sec. 104. The Incorporation by reference. Applicability. 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2021: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

    Effective date note
    Pub. L. 116–260, div. AA, title I, § 104(b)(3), Dec. 27, 2020, 134 Stat. 2622, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 2022.”

45 of 45 references resolved to an enrolled provision