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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9013 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9013

To require the Administrator of the Environmental Protection Agency to 
   assess certain fees on shipping and other vessels, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2024

  Ms. Matsui (for herself, Mr. Mullin, and Mr. Takano) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Transportation and 
  Infrastructure, Science, Space, and Technology, Ways and Means, and 
 Natural Resources, 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 require the Administrator of the Environmental Protection Agency to 
   assess certain fees on shipping and other vessels, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Maritime Pollution 
Accountability Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the greenhouse gas emissions from the marine shipping 
        industry--
                    (A) account for nearly 3 percent of total global 
                anthropogenic carbon dioxide emissions; and
                    (B) are increasing rapidly;
            (2) the International Maritime Organization has failed to 
        require emissions reductions with respect to marine shipping 
        that are consistent with global decarbonization targets; and
            (3) ports are a large source of air pollution and 
        contribute to poor air quality in the neighborhoods surrounding 
        the ports, leading to worse health outcomes for those who live 
        in those neighborhoods.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Calendar quarter.--The term ``calendar quarter'' means 
        a period of 3 calendar months that ends on, as applicable, 
        March 31, June 30, September 30, or December 31 of the 
        applicable calendar year.
            (3) Cargo or freight.--The term ``cargo or freight'' does 
        not include--
                    (A) passengers transported for compensation or 
                hire;
                    (B) fuel intended for use in propelling or powering 
                a vessel;
                    (C) ship's stores;
                    (D) sea stores; or
                    (E) the legitimate equipment necessary to the 
                operation of a vessel.
            (4) Covered voyage.--
                    (A) In general.--The term ``covered voyage'' means 
                a voyage--
                            (i) made using a self-propelled vessel of 
                        10,000 gross tonnage or more, the primary 
                        purpose of which is transporting cargo or 
                        freight; and
                            (ii) that begins when the vessel leaves the 
                        port of origin and terminates when the 
                        offloading operations at the final port of call 
                        are completed.
                    (B) Exceptions.--The term ``covered voyage'' does 
                not include a voyage--
                            (i) that has been included as an OCS source 
                        (as defined in subsection (a)(4) of section 328 
                        of the Clean Air Act (42 U.S.C. 7627)) because 
                        the voyage has the potential to emit any air 
                        pollutant as described in subparagraph (C)(i) 
                        of that subsection and is, as a result, 
                        regulated pursuant to that section; or
                            (ii) made for the purposes of transporting 
                        military cargo, food aid, or supplies for 
                        disaster or emergency relief.
            (5) Criteria air pollutant.--The term ``criteria air 
        pollutant'' is within the meaning of the Clean Air Act (42 
        U.S.C. 7401 et seq.).
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given the term in section 107 of title 
        46, United States Code.
            (7) Final port of call.--The term ``final port of call'', 
        with respect to a covered voyage, means, as applicable--
                    (A) the port in the United States where the vessel 
                making the covered voyage offloaded the last of the 
                cargo or freight of the vessel ultimately bound for the 
                United States that was onboard the vessel on departure 
                from the port of origin; or
                    (B) if the last of the cargo or freight of the 
                vessel ultimately bound for the United States that was 
                onboard the vessel on departure from the port of origin 
                is offloaded in a foreign port, the most recent port of 
                call in the United States prior to offloading the last 
                of the cargo or freight of the vessel that is 
                ultimately bound for the United States.
            (8) Importer.--The term ``importer'' means 1 of the parties 
        that qualifies as an importer of record under section 
        484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
        1484(a)(2)(B)).
            (9) Intermediate port.--The term ``intermediate port'', 
        with respect to a covered voyage, means each foreign port of 
        call of the vessel of the covered voyage between the port of 
        origin and the initial port of call of the vessel in the United 
        States.
            (10) Internal waters.--The term ``internal waters'' has the 
        meaning given the term in section 2.24 of title 33, Code of 
        Federal Regulations (or successor regulations).
            (11) Port of origin.--
                    (A) In general.--The term ``port of origin'', with 
                respect to a covered voyage, means the first port of 
                the vessel making the covered voyage after departing 
                which a majority (by mass) of the cargo or freight of 
                the vessel is ultimately bound for the United States.
                    (B) Clarification.--In the case in which a vessel, 
                after departing a final port of call for a covered 
                voyage, is carrying cargo the majority (by mass) of 
                which is ultimately bound for the United States--
                            (i) the vessel shall be considered to be 
                        making a new covered voyage; and
                            (ii) the term ``port of origin'' for the 
                        new covered voyage shall be considered to be 
                        the same as the final port of call for the 
                        previous covered voyage.
            (12) Territorial sea.--The term ``territorial sea'' has the 
        meaning given the term in section 2.22 of title 33, Code of 
        Federal Regulations (or successor regulations).
            (13) Ultimately bound for the united states.--The term 
        ``ultimately bound for the United States'', with respect to 
        cargo or freight, includes--
                    (A) all cargo or freight that is offloaded in the 
                United States by a vessel making a covered voyage; and
                    (B) all cargo or freight that is--
                            (i) initially offloaded at an intermediate 
                        port; and
                            (ii) subsequently transported to the United 
                        States by sea, land, or air.

SEC. 4. REPORTING REQUIREMENTS.

    (a) In General.--Beginning on January 1, 2025, the operator of each 
covered voyage shall submit to the Administrator, the Commandant of the 
Coast Guard, and the Commissioner of U.S. Customs and Border Protection 
the information described in subsection (b).
    (b) Information Described.--The information referred to in 
subsection (a), with respect to a covered voyage, is--
            (1) the port of origin;
            (2) the total distance traveled from the port of origin to 
        the final port of call;
            (3) the total time spent traveling between the port of 
        origin and the final port of call;
            (4) the total mass of each type of fuel consumed between 
        the port of origin and the final port of call;
            (5) the total mass of cargo or freight transported between 
        the port of origin and the final port of call;
            (6) each port of call in the United States;
            (7) each intermediate port;
            (8) the final port of call;
            (9) the mass of cargo or freight on board the applicable 
        vessel on leaving the port of origin;
            (10) the percentage of cargo or freight (by mass) offloaded 
        or onloaded at any intermediate port, as compared to the 
        capacity of the applicable vessel and the load of the 
        applicable vessel;
            (11) the ultimate destination (by country) of cargo or 
        freight offloaded at intermediate ports;
            (12) the mass of cargo or freight on board the applicable 
        vessel on arrival at or departure from, as applicable, each 
        port of call in the United States;
            (13) the total time spent in each port of call in the 
        United States;
            (14) the total period of time that the applicable vessel is 
        connected to and reliant on the electrical grid while in port 
        at a port of call in the United States;
            (15) the total mass of each type of fuel consumed--
                    (A) in any port of call in the United States; and
                    (B) within the exclusive economic zone, the 
                territorial sea, and the internal waters of the United 
                States;
            (16) the total period of time spent--
                    (A) north of 60 degrees north latitude; or
                    (B) south of 60 degrees south latitude;
            (17) for each period described in paragraph (16), the total 
        mass of each type of fuel consumed during that period; and
            (18) any other information that the Administrator, the 
        Commandant of the Coast Guard, and the Commissioner of U.S. 
        Customs and Border Protection, in conjunction with the 
        Secretary of the Treasury, determines is necessary to 
        accurately determine the amount of the fees assessed under 
        sections 5 and 6.
    (c) Deadline.--The operator of a covered voyage shall submit the 
information required under subsection (a) for each covered voyage of 
the operator that ended during a calendar quarter by not later than 30 
days after the end of that calendar quarter.

SEC. 5. FEE ON LIFECYCLE CARBON DIOXIDE-EQUIVALENT EMISSIONS FROM CARGO 
              VESSELS.

    (a) Lifecycle CO<INF>2</INF>-e Emissions Profile for Maritime 
Fuels.--Not later than January 1, 2025, the Administrator shall develop 
a lifecycle carbon dioxide-equivalent (CO<INF>2</INF>-e) emissions 
profile for each fuel used in maritime shipping to express the 
emissions from the combustion of that fuel in carbon dioxide-equivalent 
per unit mass combusted.
    (b) Assessment of Fee.--
            (1) In general.--Beginning on January 1, 2025, not later 
        than 30 days after the date on which the Administrator receives 
        from the operator of a covered voyage the information required 
        to be submitted under section 4(a), the Administrator, in 
        conjunction with the Secretary of the Treasury, shall assess on 
        the operator a fee with respect to the covered voyage in an 
        amount determined in accordance with paragraph (2).
            (2) Amount of fee.--
                    (A) In general.--Subject to subparagraph (B) and 
                subsection (d), the amount of a fee assessed under 
                paragraph (1) with respect to a covered voyage shall be 
                the total sum of, for each type of fuel consumed during 
                the covered voyage, the product obtained by 
                multiplying--
                            (i) the total mass of the fuel consumed 
                        during the covered voyage;
                            (ii) the carbon dioxide-equivalent 
                        emissions of the fuel, expressed in metric tons 
                        per unit mass of fuel consumed, as determined 
                        under subsection (a); and
                            (iii) $150.
                    (B) Adjustments.--
                            (i) Inflation.--Beginning in calendar year 
                        2026, the Administrator shall annually increase 
                        the amount described in subparagraph (A)(iii) 
                        by the percentage that is equal to the sum 
                        obtained by adding--
                                    (I) the rate of inflation, as 
                                determined by the Administrator using 
                                the changes for the 12-month period 
                                ending the preceding November 30 in the 
                                Consumer Price Index for All Urban 
                                Consumers published by the Bureau of 
                                Labor Statistics of the Department of 
                                Labor; and
                                    (II) 5 percentage points.
                            (ii) Voyages in polar regions.--For any 
                        portion of a covered voyage that involves 
                        travel north of 60 degrees north latitude or 
                        south of 60 degrees south latitude, the amount 
                        described in subparagraph (A)(iii) with respect 
                        to fuel consumed during that portion of the 
                        voyage, after adjustment under clause (i), if 
                        applicable, shall be tripled.
            (3) Deadline.--A fee assessed under paragraph (1) shall be 
        due and payable to the Administrator not later than the later 
        of--
                    (A) the date that is 30 days after the date on 
                which the fee is assessed; and
                    (B) the end of the calendar year in which the fee 
                is assessed.
            (4) Penalty.--
                    (A) In general.--If an operator fails to pay a fee 
                assessed under paragraph (1) by the date described in 
                paragraph (3)--
                            (i) the Administrator shall inform the 
                        Commandant of the Coast Guard of the failure of 
                        the operator to pay the fee; and
                            (ii) subject to subparagraph (B), the 
                        Commandant of the Coast Guard shall, until the 
                        Administrator informs the Commandant of the 
                        Coast Guard that all outstanding fees assessed 
                        under paragraph (1) have been paid, prohibit--
                                    (I) the operator from operating 
                                within the waters of the United States; 
                                and
                                    (II) vessels of the operator from 
                                docking at ports of call in the United 
                                States.
                    (B) Exception.--Clause (ii) of subparagraph (A) 
                shall not apply in circumstances that would jeopardize 
                the safety of a vessel, the persons aboard that vessel, 
                or the environment.
    (c) Alternate Fee for Imported Cargo.--
            (1) Definition of qualified importing voyage.--In this 
        subsection, the term ``qualified importing voyage'' means a 
        voyage made using a vessel--
                    (A) the primary purpose of which is transporting 
                cargo or freight; and
                    (B) that, at a foreign port of call, offloads cargo 
                or freight that is ultimately intended to be 
                transported to the United States by sea, land, or air.
            (2) Requirements.--
                    (A) Reporting.--
                            (i) In general.--Beginning on January 1, 
                        2025, each importer for which a qualified 
                        importing voyage has cargo or freight that is 
                        bound for the United States shall submit to the 
                        Administrator the information described in 
                        subsection (b) of section 4 in accordance with 
                        that section (except as otherwise provided in 
                        clause (ii)).
                            (ii) Treatment.--For purposes of clause 
                        (i), any reference contained in section 4(b) 
                        to--
                                    (I) the ``final port of call'' 
                                shall be considered to be a reference 
                                to the foreign port of call within 
                                which the cargo or freight of the 
                                importer was offloaded from the vessel;
                                    (II) the ``covered voyage'' shall 
                                be considered to be a reference to the 
                                qualified importing voyage; and
                                    (III) the ``port of origin'' shall 
                                be considered to be a reference to the 
                                port at which the cargo or freight 
                                bound for the United States was 
                                onboarded.
                    (B) Fee.--
                            (i) In general.--Beginning on January 1, 
                        2025, not later than 30 days after the date on 
                        which the Administrator receives from an 
                        importer described in subparagraph (A)(i) the 
                        information required to be submitted under that 
                        subparagraph, the Administrator, in conjunction 
                        with the Secretary of the Treasury, shall 
                        assess on the importer the fee described in 
                        subsection (b) in accordance with that 
                        subsection, but the amount of that fee shall be 
                        adjusted as follows:
                                    (I) The amount of the fee shall be 
                                prorated for the share (by mass) of the 
                                cargo or freight on the vessel making 
                                the qualified importing voyage that is 
                                ultimately bound for the United States 
                                that is being imported by the importer.
                                    (II) After the adjustment described 
                                in subclause (I), the amount of the fee 
                                shall be reduced by the amount of the 
                                fee, if any, otherwise assessed on the 
                                qualified importing voyage pursuant to 
                                subsection (b).
                            (ii) Treatment.--For purposes of clause 
                        (i), any reference in subsection (b) to the 
                        ``covered voyage'' shall be considered to be a 
                        reference to the qualified importing voyage.
                    (C) Deadlines.--
                            (i) In general.--An importer described in 
                        subparagraph (A)(i) may not import the cargo or 
                        freight from a qualified importing voyage into 
                        the United States until the importer--
                                    (I) submits the information 
                                required under subparagraph (A); and
                                    (II) pays the fee assessed under 
                                subparagraph (B).
                            (ii) Penalty.--Notwithstanding any other 
                        provision of law, if, at the time of 
                        importation of the cargo or freight from a 
                        qualifying importing voyage into the United 
                        States, an importer described in subparagraph 
                        (A)(i) cannot provide proof of payment of the 
                        fee assessed under subparagraph (B), the 
                        Commissioner of U.S. Customs and Border 
                        Protection shall seize the cargo or freight 
                        until the Administrator informs the 
                        Commissioner of U.S. Customs and Border 
                        Protection that all outstanding fees assessed 
                        under subparagraph (B) have been paid.
    (d) Recognition of Foreign Pollution Fees.--If a vessel with cargo 
or freight ultimately bound for the United States, or an operator of 
such a vessel, is subject to a pollution-based fee by the country of 
the port of origin of the vessel, any fee assessed on the operator of 
the vessel or an importer with cargo or freight on that vessel under 
this section shall be--
            (1) if the fee from the other country is equal to or more 
        than 50 percent of the fee that would otherwise be assessed 
        under this section, reduced by 50 percent; and
            (2) if the fee from the other country is less than 50 
        percent of the fee that would otherwise be assessed under this 
        section, reduced by an amount equal to the amount of the fee 
        from the other country.
    (e) Sunset Provision.--This section ceases to apply on the date on 
which the Administrator publishes in the Federal Register a 
determination that the International Maritime Organization or another 
agency of the United Nations has instituted and is enforcing a global 
fee on lifecycle carbon dioxide-equivalent emissions from operators of 
covered voyages that is in an amount equal to or greater than the fees 
assessed for a covered voyage under this section.

SEC. 6. FEES ON CRITERIA AIR POLLUTANTS.

    (a) Emissions Profile.--Not later than January 1, 2025, the 
Administrator shall develop a lifecycle emissions profile for each fuel 
used in maritime shipping to express the emissions from the combustion 
of that fuel of each of nitrogen oxides, sulfur dioxide, and fine 
particulate matter (PM<INF>2.5</INF>) per unit mass combusted.
    (b) Assessment of Fee.--
            (1) In general.--Beginning on January 1, 2025, not later 
        than 30 days after the date on which the Administrator receives 
        from the operator of a covered voyage the information required 
        to be submitted under section 4(a), the Administrator, in 
        conjunction with the Secretary of the Treasury, shall assess on 
        the operator a fee with respect to the covered voyage in an 
        amount determined in accordance with paragraph (2).
            (2) Amount of fee.--
                    (A) In general.--Subject to subparagraph (B), the 
                amount of a fee assessed under paragraph (1) shall be 
                the total sum of, for each type of fuel consumed during 
                the covered voyage--
                            (i) the product obtained by multiplying--
                                    (I) the total mass of the fuel 
                                consumed during the covered voyage 
                                within the exclusive economic zone, the 
                                territorial sea, and the internal 
                                waters of the United States;
                                    (II) the quantity of nitrogen 
                                oxides emitted by the consumption of 
                                the fuel, expressed in pounds per unit 
                                mass of fuel consumed, as determined 
                                under subsection (a); and
                                    (III) $6.30;
                            (ii) the product obtained by multiplying--
                                    (I) the total mass of the fuel 
                                consumed during the covered voyage 
                                within the exclusive economic zone, the 
                                territorial sea, and the internal 
                                waters of the United States;
                                    (II) the quantity of sulfur dioxide 
                                emitted by the consumption of the fuel, 
                                expressed in pounds per unit mass of 
                                fuel consumed, as determined under 
                                subsection (a); and
                                    (III) $18; and
                            (iii) the product obtained by multiplying--
                                    (I) the total mass of the fuel 
                                consumed during the covered voyage 
                                within the exclusive economic zone, the 
                                territorial sea, and the internal 
                                waters of the United States;
                                    (II) the quantity of fine 
                                particulate matter emitted by the 
                                consumption of the fuel, expressed in 
                                pounds per unit mass of fuel consumed, 
                                as determined under subsection (a); and
                                    (III) $38.90.
                    (B) Inflation adjustment.--Beginning in calendar 
                year 2026, the Administrator shall annually increase 
                the amounts described in clauses (i)(III), (ii)(III), 
                and (iii)(III) of subparagraph (A) by the percentage 
                that is equal to the sum obtained by adding--
                            (i) the rate of inflation, as determined by 
                        the Administrator using the changes for the 12-
                        month period ending the preceding November 30 
                        in the Consumer Price Index for All Urban 
                        Consumers published by the Bureau of Labor 
                        Statistics of the Department of Labor; and
                            (ii) 5 percentage points.
            (3) Deadline.--A fee assessed under paragraph (1) shall be 
        due and payable to the Administrator not later than the later 
        of--
                    (A) the date that is 30 days after the date on 
                which the fee is assessed; and
                    (B) the end of the calendar year in which the fee 
                is assessed.
            (4) Penalty.--
                    (A) In general.--If an operator fails to pay a fee 
                assessed under paragraph (1) by the date described in 
                paragraph (3)--
                            (i) the Administrator shall inform the 
                        Commandant of the Coast Guard of the failure of 
                        the operator to pay the fee; and
                            (ii) subject to subparagraph (B), the 
                        Commandant of the Coast Guard shall, until the 
                        Administrator informs the Commandant of the 
                        Coast Guard that all outstanding fees assessed 
                        under paragraph (1) have been paid, prohibit--
                                    (I) the operator from operating 
                                within the waters of the United States; 
                                and
                                    (II) vessels of the operator from 
                                docking at ports of call in the United 
                                States.
                    (B) Exception.--Clause (ii) of subparagraph (A) 
                shall not apply in circumstances that would jeopardize 
                the safety of a vessel, the persons aboard that vessel, 
                or the environment.

SEC. 7. DECARBONIZING SHIPPING AND PORTS.

    (a) Modernizing the Jones Act Fleet.--
            (1) Definitions.--In this subsection:
                    (A) Administrator.--The term ``Administrator'' 
                means the Administrator of the Maritime Administration.
                    (B) Jones act vessel.--The term ``Jones Act 
                vessel'' means a documented vessel (as defined in 
                section 106 of title 46, United States Code) with a 
                coastwise endorsement under section 12112 of that 
                title.
                    (C) Low-carbon fuel.--The term ``low-carbon fuel'' 
                means a marine fuel the lifecycle carbon dioxide-
                equivalent emissions of which is at least 90 percent 
                less than the lifecycle carbon dioxide-equivalent 
                emissions of marine fuel oil.
                    (D) Program.--The term ``program'' means the 
                program established under paragraph (2).
                    (E) Vessel of the united states.--The term ``vessel 
                of the United States'' has the meaning given the term 
                in section 116 of title 46, United States Code.
            (2) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Maritime 
        Administration an amount equal to 25 percent of the amounts 
        collected pursuant to fees assessed under sections 5 and 6 
        during the previous calendar year to award grants, rebates, and 
        low-interest loans, as determined appropriate by the 
        Administrator, to eligible entities--
                    (A) to replace existing Jones Act vessels that use 
                marine fuel oil for propulsion power with vessels that 
                are exclusively propelled using batteries, low-carbon 
                fuels, or other zero-emissions technologies; or
                    (B) to retrofit existing Jones Act vessels that use 
                marine fuel oil for propulsion power into vessels that 
                are exclusively propelled using batteries, low-carbon 
                fuels, or other zero-emissions technologies.
            (3) Modeled off diesel emissions reduction act.--To the 
        extent practicable, the Administrator shall develop an 
        application process, provide public notification, inform 
        eligible entities of zero-emissions technologies, and submit to 
        Congress an evaluation and report on the efficacy of the 
        program in a manner similar to the national grant program of 
        the Administrator of the Environmental Protection Agency under 
        subtitle G of title VII of the Energy Policy Act of 2005 (42 
        U.S.C. 16131 et seq.).
            (4) Eligible entities.--An entity eligible for an award 
        under the program is an owner of a Jones Act vessel that 
        currently uses marine fuel oil for propulsion power.
            (5) Selection.--
                    (A) Application.--An eligible entity seeking an 
                award under the program shall submit to the 
                Administrator an application at such time, in such 
                manner, and containing such information as the 
                Administrator may require, which shall include a 
                certification that an award under the program will be 
                used, as applicable--
                            (i) to purchase, or enter into a contract 
                        for the construction of, a vessel that 
                        exclusively uses a battery or low-carbon fuels 
                        for all propulsion power; or
                            (ii) to retrofit an existing Jones Act 
                        vessel that uses marine fuel oil for propulsion 
                        power into a vessel that is propelled using 
                        batteries or low-carbon fuels.
                    (B) Priority.--In selecting the recipients of 
                awards under the program, the Administrator shall give 
                priority to entities the replacement or retrofit of 
                whose vessels would--
                            (i) maximize the reduction of greenhouse 
                        gas emissions;
                            (ii) maximize the public health benefits 
                        from the reduction of criteria air pollutants;
                            (iii) maximize water quality in ports and 
                        other bodies of water;
                            (iv) maximize public health and 
                        environmental benefits from every dollar spent 
                        under the program; and
                            (v) alleviate air pollution in poor air 
                        quality areas, including--
                                    (I) areas identified by the 
                                Administrator of the Environmental 
                                Protection Agency as in nonattainment 
                                or maintenance of national ambient air 
                                quality standards promulgated under 
                                section 109 of the Clean Air Act (42 
                                U.S.C. 7409) for criteria air 
                                pollutants; and
                                    (II) other areas that receive a 
                                disproportionate quantity of air 
                                pollution, as determined by the 
                                Administrator of the Environmental 
                                Protection Agency.
            (6) Clawback.--If the Administrator determines that the 
        recipient of an award under the program has violated the 
        certification required under paragraph (5)(A), the 
        Administrator shall seek reimbursement of the full amount of 
        the award provided to the recipient.
            (7) Modernizing vessels of the united states.--If the 
        Administrator determines that no existing Jones Act vessels are 
        eligible to receive funding under the program, for the duration 
        of that determination, paragraphs (2) through (6) shall be 
        applied by substituting ``vessel of the United States'' for 
        ``Jones Act vessel''.
            (8) Program administration.--Of the amounts made available 
        under paragraph (2) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program.
    (b) Research and Development for Low-Carbon Maritime Fuels and Low-
Emission Maritime Technologies.--
            (1) Definition of eligible entity.--In this subsection, the 
        term ``eligible entity'' means--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal government;
                    (B) a maritime shipping or logistics company;
                    (C) a port authority;
                    (D) an accredited institution of higher education;
                    (E) a research institution;
                    (F) a person engaged in the production, 
                transportation, blending, or storage of sustainable 
                maritime fuel in the United States or feedstocks in the 
                United States that may be used to produce sustainable 
                maritime fuel;
                    (G) a person engaged in the development, 
                demonstration, or application of low-emission maritime 
                technologies; and
                    (H) a nonprofit entity or nonprofit consortium with 
                experience in sustainable maritime fuels, low-emission 
                maritime technologies, or other clean transportation 
                research programs.
            (2) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Department of 
        Energy an amount equal to 25 percent of the amounts collected 
        pursuant to fees assessed under sections 5 and 6 during the 
        previous calendar year to award competitive grants to eligible 
        entities to carry out projects in the United States--
                    (A) to produce, transport, blend, or store low-
                carbon maritime fuels; or
                    (B) to develop, demonstrate, or apply low-emission 
                maritime technologies.
            (3) Priority.--In awarding grants under the program 
        established under paragraph (2), the Secretary of Energy shall 
        give priority to projects that maximize--
                    (A) the domestic production and deployment of 
                sustainable maritime fuels or the use of low-emission 
                maritime technologies in commercial maritime;
                    (B) reductions in greenhouse gas emissions;
                    (C) public health benefits from criteria air 
                pollutant reductions;
                    (D) water quality in ports and other bodies of 
                water;
                    (E) public health and environmental benefits from 
                every dollar spent under that program; and
                    (F) the creation of new jobs in the United States.
            (4) Program administration.--Of the amounts made available 
        under paragraph (2) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program established under that paragraph.
    (c) Workforce Development.--
            (1) Definitions.--In this subsection:
                    (A) Low-carbon fuel.--The term ``low-carbon fuel'' 
                means a marine fuel the lifecycle carbon dioxide-
                equivalent emissions of which is at least 90 percent 
                less than the lifecycle carbon dioxide-equivalent 
                emissions of marine fuel oil.
                    (B) Maritime academy.--The term ``maritime 
                academy'' means--
                            (i) the United States Merchant Marine 
                        Academy;
                            (ii) a State maritime academy; and
                            (iii) a center of excellence for domestic 
                        maritime workforce training and education 
                        designated under section 51706(a) of title 46, 
                        United States Code.
                    (C) Program.--The term ``program'' means the 
                program established under paragraph (2).
                    (D) Zero-emission port equipment or technology.--
                The term ``zero-emission port equipment or technology'' 
                has the meaning given the term in section 133(d) of the 
                Clean Air Act (42 U.S.C. 7433(d)).
            (2) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 5 percent of the amounts 
        collected pursuant to fees assessed under sections 5 and 6 
        during the previous calendar year to award grants and rebates 
        to support workforce training and development for the 
        maintenance and operation of zero-emission port equipment or 
        technology and vessels that are propelled using batteries or 
        low-carbon fuels, including training, programming, and 
        curriculum development at maritime academies on the maintenance 
        and operation of zero-emission port equipment or technology and 
        vessels that are propelled using batteries or low-carbon fuels.
            (3) Eligible entities.--An entity eligible to receive an 
        award under the program is--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal agency that has jurisdiction over a port 
                authority or a port;
                    (B) a port authority;
                    (C) an air pollution control agency;
                    (D) a maritime academy; and
                    (E) a private entity that--
                            (i) applies for a grant under this 
                        subsection in partnership with an entity 
                        described in any of subparagraphs (A) through 
                        (D); and
                            (ii) owns, operates, or uses--
                                    (I) vessels, the primary purpose of 
                                which are transporting cargo or 
                                freight, that are propelled using 
                                batteries or low-carbon fuels; or
                                    (II) the facilities, cargo-handling 
                                equipment, transportation equipment, or 
                                related technology of a port.
            (4) Application.--An eligible entity seeking an award under 
        the program shall submit to the Administrator an application at 
        such time, in such manner, and containing such information as 
        the Administrator may require.
            (5) Program administration.--Of the amounts made available 
        under paragraph (2) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program.
    (d) Harbor Craft Electrification.--
            (1) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 10 percent of the amounts 
        collected pursuant to fees assessed under sections 5 and 6 
        during the previous calendar year to award grants, rebates, or 
        low-interest loans, as determined appropriate by the 
        Administrator--
                    (A) to replace or retrofit existing harbor craft, 
                except for ferry vessels, with vessels that use 
                batteries for all propulsion power; and
                    (B) to support workforce development and training 
                to support the maintenance, charging, fueling, and 
                operation of vessels described in subparagraph (A).
            (2) Modeled off diesel emissions reduction act.--To the 
        extent practicable, the Administrator shall develop an 
        application process, provide public notification, inform 
        eligible entities of zero-emissions technologies, and submit to 
        Congress an evaluation and report on the efficacy of the 
        program established under paragraph (1) in a manner similar to 
        the national grant program of the Administrator under subtitle 
        G of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
        16131 et seq.).
            (3) Eligible entities.--An entity eligible to receive an 
        award under the program established under paragraph (1) is--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal agency that has jurisdiction over a port 
                authority or a port;
                    (B) a port authority; and
                    (C) a private entity that--
                            (i) applies for an award under this 
                        subsection in partnership with an entity 
                        described in subparagraph (A) or (B); and
                            (ii) owns, operates, or uses harbor craft, 
                        except for ferry vessels.
            (4) Selection.--
                    (A) Application.--An eligible entity seeking an 
                award under the program established under paragraph (1) 
                shall submit to the Administrator an application at 
                such time, in such manner, and containing such 
                information as the Administrator may require, which 
                shall include a certification that an award under the 
                program will be used to purchase a vessel that 
                exclusively uses a battery for all propulsion power.
                    (B) Priority.--In selecting the recipients of 
                awards under the program established under paragraph 
                (1), the Administrator shall give priority to entities 
                the replacement or retrofit of whose harbor crafts with 
                vessels that use batteries for all propulsion power 
                would--
                            (i) maximize the reduction of greenhouse 
                        gas emissions;
                            (ii) maximize the public health benefits 
                        from the reduction of criteria air pollutants;
                            (iii) maximize water quality in ports and 
                        other bodies of water;
                            (iv) maximize public health and 
                        environmental benefits from every dollar spent 
                        under the program; and
                            (v) alleviate air pollution in poor air 
                        quality areas, including--
                                    (I) areas identified by the 
                                Administrator as in nonattainment or 
                                maintenance of national ambient air 
                                quality standards promulgated under 
                                section 109 of the Clean Air Act (42 
                                U.S.C. 7409) for criteria air 
                                pollutants; and
                                    (II) other areas that receive a 
                                disproportionate quantity of air 
                                pollution, as determined by the 
                                Administrator.
            (5) Clawback.--If the Administrator determines that the 
        recipient of an award under the program established under 
        paragraph (1) has violated the certification required under 
        paragraph (4)(A), the Administrator shall seek reimbursement of 
        the full amount of the award provided to the recipient.
            (6) Program administration.--Of the amounts made available 
        under paragraph (1) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program established under that paragraph.
    (e) Ferry Electrification.--
            (1) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 10 percent of the amounts 
        collected pursuant to fees assessed under sections 5 and 6 
        during the previous calendar year to award grants, rebates, or 
        low-interest loans, as determined appropriate by the 
        Administrator--
                    (A) to replace or retrofit existing ferry or crew 
                vessels with vessels that use batteries for all 
                propulsion power; and
                    (B) to support workforce development and training 
                to support the maintenance, charging, fueling, and 
                operation of vessels described in subparagraph (A) that 
                use batteries for all propulsion power.
            (2) Modeled off diesel emissions reduction act.--To the 
        extent practicable, the Administrator shall develop an 
        application process, provide public notification, inform 
        eligible entities of zero-emissions technologies, and submit to 
        Congress an evaluation and report on the efficacy of the 
        program established under paragraph (1) in a manner similar to 
        the national grant program of the Administrator under subtitle 
        G of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
        16131 et seq.).
            (3) Eligible entities.--An entity eligible to receive an 
        award under the program established under paragraph (1) is--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal agency that has jurisdiction over a ferry line;
                    (B) a port authority; and
                    (C) a private entity that--
                            (i) applies for an award under this 
                        subsection in partnership with an entity 
                        described in subparagraph (A) or (B); and
                            (ii) owns, operates, or uses ferry or crew 
                        vessels.
            (4) Selection.--
                    (A) Application.--An eligible entity seeking an 
                award under the program established under paragraph (1) 
                shall submit to the Administrator an application at 
                such time, in such manner, and containing such 
                information as the Administrator may require, which 
                shall include a certification that an award under the 
                program will be used to purchase a vessel that 
                exclusively uses a battery for all propulsion power.
                    (B) Priority.--In selecting the recipients of 
                awards under the program established under paragraph 
                (1), the Administrator shall give priority to entities 
                the replacement or retrofit of whose ferry or crew 
                vessels with vessels that use batteries for all 
                propulsion power would--
                            (i) maximize the reduction of greenhouse 
                        gas emissions;
                            (ii) maximize the public health benefits 
                        from the reduction of criteria air pollutants;
                            (iii) maximize water quality in ports and 
                        other bodies of water;
                            (iv) maximize public health and 
                        environmental benefits from every dollar spent 
                        under the program; and
                            (v) alleviate air pollution in poor air 
                        quality areas, including--
                                    (I) areas identified by the 
                                Administrator as in nonattainment or 
                                maintenance of national ambient air 
                                quality standards promulgated under 
                                section 109 of the Clean Air Act (42 
                                U.S.C. 7409) for criteria air 
                                pollutants; and
                                    (II) other areas that receive a 
                                disproportionate quantity of air 
                                pollution, as determined by the 
                                Administrator.
            (5) Clawback.--If the Administrator determines that the 
        recipient of an award under the program established under 
        paragraph (1) has violated the certification required under 
        paragraph (4)(A), the Administrator shall seek reimbursement of 
        the full amount of the award provided to the recipient.
            (6) Program administration.--Of the amounts made available 
        under paragraph (1) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program established under that paragraph.
    (f) Increased Air Monitoring in Port Communities.--
            (1) Establishment.--For fiscal year 2027 and each fiscal 
        year thereafter, there are appropriated, out of any funds in 
        the Treasury not otherwise appropriated, to the Environmental 
        Protection Agency an amount equal to 3 percent of the amounts 
        collected pursuant to fees assessed under sections 5 and 6 
        during the previous calendar year to provide grants, rebates, 
        or low-interest loans, as determined appropriate by the 
        Administrator, to create fenceline air monitoring at port 
        boundaries and in communities located within 1 mile of a port 
        boundary.
            (2) Eligible entities.--An entity eligible to receive an 
        award under the program established under paragraph (1) is--
                    (A) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal government;
                    (B) a State (including the District of Columbia and 
                territories of the United States), regional, local, or 
                Tribal agency that has jurisdiction over a port 
                authority or port;
                    (C) a port authority;
                    (D) an air pollution control agency; and
                    (E) a nonprofit entity or nonprofit consortium with 
                experience in air pollution monitoring.
            (3) Application.--An eligible entity seeking an award under 
        the program established under paragraph (1) shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require.
            (4) Program administration.--Of the amounts made available 
        under paragraph (1) each fiscal year, the Administrator may use 
        not more than 1 percent for the management and oversight of the 
        program established under that paragraph.
    (g) Funding of Existing Programs.--
            (1) Clean ports program.--For fiscal year 2027 and each 
        fiscal year thereafter, there are appropriated, out of any 
        funds in the Treasury not otherwise appropriated, to the 
        Environmental Protection Agency an amount equal to 10 percent 
        of the amounts collected pursuant to fees assessed under 
        sections 5 and 6 during the previous calendar year to carry out 
        the program established under section 133 of the Clean Air Act 
        (42 U.S.C. 7433).
            (2) Port infrastructure development program.--For fiscal 
        year 2027 and each fiscal year thereafter, there are 
        appropriated, out of any funds in the Treasury not otherwise 
        appropriated, to the Department of Transportation an amount 
        equal to 7 percent of the amounts collected pursuant to fees 
        assessed under sections 5 and 6 during the previous calendar 
        year to carry out the program established under section 54301 
        of title 46, United States Code.
            (3) Oceans and coastal security.--For fiscal year 2027 and 
        each fiscal year thereafter, there are appropriated, out of any 
        funds in the Treasury not otherwise appropriated, to the 
        National Oceanic and Atmospheric Administration an amount equal 
        to 3 percent of the amounts collected pursuant to fees assessed 
        under sections 5 and 6 during the previous calendar year for 
        deposit into the National Oceans and Coastal Security Fund 
        established under section 904(a) of the National Oceans and 
        Coastal Security Act (16 U.S.C. 7503).
            (4) Marine debris foundation.--For fiscal year 2027 and 
        each fiscal year thereafter, there are appropriated, out of any 
        funds in the Treasury not otherwise appropriated, to the 
        Department of Commerce an amount equal to 2 percent of the 
        amounts collected pursuant to fees assessed under sections 5 
        and 6 during the previous calendar year to carry out subtitle B 
        of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4211 et 
        seq.).
                                 <all>
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