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75 APPENDIX E Marine Highways Legislation with Committee Referrals Marine Highway Promotion Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 3288 7/22/2009 Consolidated Appropriations Provides $7 million for the Secure and Efficient House Appropriations Olver (MA 1) Act, 2010 Ports Initiative. The funding will allow MARAD Senate Appropriations to designate and support specific projects that will create new or expanded services along designated marine highway corridors. In addition, the funding will allow for the collection of data to support the expanded use of a secure national marine highway. None of the funds may be used to create a new legacy system. (Included in MARAD operations budget.) S 1390 7/2/2009 National Defense Authorization Establishes short sea transportation grants. Senate Committee on Armed Services Related to: Levin (MI) Act for FY '10 Projects must be designed to help relieve (sent to the House on 7/28/09) HR 2647 No cosponsors congestion, improve transportation safety, facilitate domestic and international trade, or encourage public-private partnerships; may include development, modification, and construction of marine and intermodal cargo facilities, vessels, port infrastructure and cargo handling equipment, and transfer facilities at ports. Eligible applicants are: a state or other public entity, or the sponsor of any short sea transportation project designated by the secretary under the America's Marine Highway Program. (No funding provisions.) Subsumed into HR 2647. S 1308 6/19/09 Maritime Administration Subsumed into S 1390. Senate Commerce, Science, and Transportation Lautenberg (NJ) Authorization Act of 2010 (approved) No cosponsors HR 2647 6/2/09 National Defense Authorization Same relevant provisions as S 1390 above. House Committee on Armed Services Related to: Skelton (MO 4) Act for Fiscal Year 2010 Subcommittee on Military Personnel S 1390 Subcommittee on Seapower and Expeditionary Forces Subcommittee on Readiness Subcommittee on Strategic Forces Subcommittee on Air and Land Forces Subcommittee on Terrorism, Unconventional Threats, and Capabilities (sent to Senate on 7/6/09) S 1036 5/14/09 Federal Surface Transportation One goal is to increase the proportion of national Senate Commerce, Science, and Transportation Rockefeller (WV) Policy and Planning Act of 2009 freight transportation provided by non-highway or 1 cosponsor multimodal services by 10% by 2020. Requires secretary of DOT to develop appropriate performance criteria and data collections systems for each federal surface transportation program. (continued on next page)

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76 Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 3221 7/30/07 New Direction for Energy This bill was subsumed into HR 6. House Energy and Commerce Related to: Pelosi (CA 8) Independence, National Security, House Education and Labor HR 6 18 cosponsors and Consumer Protection Act House Foreign Affairs HR 2701 House Small Business House Science and Technology House Agriculture House Oversight and Government Reform House Natural Resources House Transportation and Infrastructure House Armed Services HR 2701 6/13/07 Transportation Energy Security Incorporated into HR 3221. House Transportation and Infrastructure Related to: Oberstar (MN 8) and Climate Change Mitigation Orders the secretary of transportation to establish HR 6 15 cosponsors Act of 2007 a short sea transportation program and designate HR 3221 short sea transportation projects to be conducted under the program to mitigate landside congestion. Also orders the secretary to designate short sea transportation routes as extensions of the surface transportation system. Orders the secretary, in consultation with federal entities and state and local governments, to develop strategies to encourage the use of short sea transportation for transportation of passengers and cargo. The secretary shall-- (1) assess the extent to which states and local governments include short sea transportation and other marine transportation solutions in their transportation planning; (2) encourage state departments of transportation to develop strategies, where appropriate, to incorporate short sea transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in their transportation planning; and (3) encourage groups of states and multistate transportation entities to determine how short sea transportation can address congestion, bottlenecks, and other interstate transportation challenges. Orders the secretary of transportation to enter into memoranda of understanding with the heads of other federal entities to transport federally owned or generated cargo using a short sea transportation project designated under Section 55601 when practical or available. Orders the secretary to develop proposals for short-term incentives to encourage the use of short sea transportation. Authorizes the secretary, subject to the availability of appropriations, to make loan guarantees for the financing of the construction, reconstruction, or reconditioning of a vessel that will be used for a short sea transportation project designated under Section 55601. There is authorized to be appropriated $25 million to carry out this section for each of fiscal years 2008 through 2011. Orders the secretary to establish a board to identify and seek solutions to impediments hindering effective use of short sea transportation. Authorizes the secretary to conduct research on short sea transportation, regarding--(1) the environmental and transportation benefits to be derived from short sea transportation alternatives for other forms of transportation; (2) technology, vessel design, and other improvements that would reduce emissions, increase fuel economy, and lower costs of short sea transportation and increase the efficiency of intermodal transfers; and (3) identify and seek solutions to impediments to short sea

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77 Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors transportation projects designated under Section 55601. Short sea transportation is defined as the carriage by vessel of cargo--(1) that is--(A ) contained in intermodal cargo containers and loaded by crane on the vessel; or (B) loaded on the vessel by means of wheeled technology; and (2) that is--(A) loaded at a port in the United States and unloaded at another port in the United States or a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or (B) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States. HR 6 1/12/07 Energy Independence and Security Essentially the same provisions as HR 2701 House Ways and Means Related to: Rahall (WV 3) Act of 2007 above, except that no appropriations are House Natural Resources HR 2701 198 cosponsors specifically authorized. House Budget HR 3221 Allows the Capital Construction Fund to be used House Rules for vessels engaged in short sea shipping. House Transportation and Infrastructure HR 2443 6/12/03 Coast Guard and Maritime Orders the secretary of transportation to conduct a House Transportation and Infrastructure Young (AK) Transportation Act of 2004 study that evaluates short sea shipping market Subcommittee on Coast Guard and Maritime 3 cosponsors opportunities on the Great Lakes, including the Transportation expanded use of freight ferries, improved Senate Commerce, Science, and mobility, and regional supply chain efficiency. Transportation Also authorizes the Great La kes National Maritime Enhancement Institute to analyze the effect of the Harbor Maintenance Tax on Great Lakes shipping. Note: Shaded rows contain bills that have become public law. Harbor Maintenance Tax Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 3486 7/31/09 Short Sea Shipping Act of 2009 Exempts non-bulk domestic and Great Lakes House Ways and Means Related to: Higgins (NY 27) U.S. shipments from Harbor Maintenance Tax. S 1509 12 cosponsors S 1509 7/23/09 Great Lakes Short Sea Shipping Exempts the following from Harbor Maintenance Senate Finance Related to: Stabenow (MI) Enhancement Act of 2009 Tax: commercial cargo (other than bulk cargo) HR 528 2 cosponsors loaded at a port in the United States located in the HR 638 Great Lakes Saint Lawrence Seaway System and HR 3486 unloaded at another port in the United States S 551 located in such sy stem, and commercial car go (other than bulk cargo) unloaded at a port in the United States located in the Great Lakes Saint Lawrence Seaway System that was loaded at a port in Canada located in such system. HR 2355 5/12/2009 MOVEMENT Act of 2009 Establishes a National Goods Movement House Committee on Transportation and Richardson (CA Improvement Fund to provide funding for Infrastructure 37) infrastructure projects. More than triples the Subcommittee on Highways, Transit and 11 cosponsors Harbor Maintenance Tax to fund projects near Pipelines ports to facilitate the movement of freight. (If Subcommittee on Coast Guard and enacted, the proposal would likely cause an Maritime Transportation adverse reaction from the World Trade Subcommittee on Railroads, Pipelines, and Organization, as our international trading partners Hazardous Materials have had long-standing concerns about the HMT. Subcommittee on Water Resources and An amendment to mandate that all HMT revenues Environment be used only for their authorized purposes may House Ways and Means alleviate these concerns.) S 551 3/9/09 None Amends the Internal Revenue Code to exempt Senate Finance Related to: Lautenberg (NJ) from the Harbor Maintenance Tax commercial HR 528 5 cosponsors cargo (other th an bulk cargo) loaded at: (1 ) a port HR 638 in the U.S. mainland and unloaded at another S 1509 such port after transport solely by coastal route or river or unloaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or (2) such a port in Canada and unload ed at a port in the U.S. mainland. (continued on next page)

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78 Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 638 1/22/09 Short Sea Shipping Promotion Act Exempts from the Harbor Maintenance Tax House Ways and Means Related to: Cummings (MD 7) of 2009 certain commercial car go loaded or unloaded at HR 528 No cosponsors U.S. ports, specifically, cargo that is: (1) loaded at S 551 a port in the United States and unloaded at S 1509 another port in the United States or a port in Canada located in the Great Lakes Saint Lawrence Seaway System, or (2) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States. HR 528 1/14/09 Short Sea Shipping Act of 2009 Exempts certain shipping from the Harbor House Ways and Means Related to: McHugh (NY 23 ) Maintenance Tax, specifically, cargo that is HR 628 9 cosponsors loaded at: (1) a port in the United States mainland S 551 and unloaded at another port in the United States S 1509 mainland after transport solely by coastal route or river or unloaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System, or (2) a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States mainland. S 3199 6/25/08 None Amends the Internal Revenue Code to exempt Senate Finance Related to: Lautenberg (NJ) from the Harbor Maintenance Tax commercial HR 981 8 cosponsors cargo (other th an bulk cargo) loaded at: (1 ) a port HR 1499 in the U.S. mainland and unloaded at another S 1683 such port after transport solely by coastal route or river or unloaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or (2) such a port in Canada and unload ed at a port in the U.S. mainland. S 2345 11/13/07 American Infrastructure Exempts commercial cargo (other than bulk Senate Finance Baucus (MT) Investment and Improvement Act cargo) loaded or unloaded at U.S. ports in the No cosponsors of 2007 Great Lakes Saint Lawrence Seaway System from the Harbor Maintenance Tax. S 1683 6/22/07 Great Lakes Short Sea Shipping Amends the Internal Revenue Code to exempt Senate Finance Related to: Stabenow (MI) Enhancement Act of 2007 from the Harbor Maintenance Tax commercial HR 981 2 cosponsors cargo (other th an bulk cargo) loaded or unloaded HR 1499 at U.S. po rts in the Great Lakes Saint Lawrence S 3199 Seaway System. HR 1701 3/26/07 Blue Water Highway Act of 2007 Amends the Internal Revenue Code to exempt House Ways and Means Weldon (FL 15) from the Harbor Maintenance Tax certain cargo 4 cosponsors shipped between U.S. mainland ports, specificall y: (1) cargo contained in intermodal cargo containers and loaded by crane on a vessel or cargo loaded on a vessel by means of wheeled technology in a port in the U.S. mainland for transportation to another port in the U.S. mainland solely by coastal route or river (or combination thereof), and (2) the unloading of cargo described in paragraph (1) in a port in the U.S. mainland. HR 1499 3/13/07 Short Sea Shipping Promotion Act Amends the Internal Revenue Code to exempt House Ways and Means Related to: Cummings (MD 7) of 2007 from the Harbor Maintenance Tax cargo HR 981 5 cosponsors contained in intermodal cargo containers and S 1683 loaded by crane on a vessel, or cargo loaded on a S 3199 vessel by means of wheeled technology, that is: (1) loaded at a U.S. port and unloaded at another U.S. port or a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or (2) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a U.S. port. HR 981 2/12/07 Great Lakes Short Sea Shipping Amends the Internal Revenue Code to exempt House Ways and Means Related to: Jones (OH 11) Enhancement Act of 2007 from the Harbor Maintenance Tax commercial HR 1499 8 cosponsors cargo (other th an bulk cargo) loaded or unloaded S 1683 at U.S. po rts in the Great Lakes Saint Lawrence S 3199 Seaway System. HR 5889 7/26/06 Great Lakes Short Sea Shipping Amends the Internal Revenue Code to exempt House Ways and Means Jones (OH 11) Enhancement Act of 2006 from the Harbor Maintenance Tax commercial 1 cosponsor cargo (other th an bulk cargo) loaded or unloaded at U.S. po rts in the Great Lakes Saint Lawrence Seaway System.

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79 Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 3319 7/18/05 Short Sea Shipping Tax Exemption Amends the Internal Revenue Code to exempt House Ways and Means Weldon (FL 15) Act of 2005 from the Harbor Maintenance Tax certain cargo 3 cosponsors shipped between U.S. mainland ports, specificall y: (1) cargo contained in intermodal cargo containers and loaded by crane on a vessel or cargo loaded on a vessel by means of wheeled technology in a port in the U.S. mainland for transportation to another port in the U.S. mainland solely by coastal route or river (or combination thereof), and (2) the unloading of cargo described in paragraph (1) in a port in the U.S. mainland. S 1230 6/14/05 Highway Reauthorization and Exempts commercial cargo exported from the Senate Finance Grassley (IA) Excise Tax Simplification Act of United States from the Harbor Maintenance Tax. No cosponsors 2005 HR 3 2/9/05 SAFETEA-LU Exempts commercial cargo exported from the House Transportation and Infrastructure Young (AK) United States from the Harbor Maintenance Tax. Subcommittee Highways, Transit, and 79 cosponsors Pipelines HR 3882 3/3/04 None Amends the Internal Revenue Code to exempt House Ways and Means English (PA 3) from the harbor maintenance exci se tax ferry No cosponsors trailer cargo that is in a truck trailer or semitrailer on a ferry for the sole purpose of being transported between two ports due to traffic congestion on the nearest international bridge. HR 3550 11/20/03 Safe Accountable, Flexible, and Exempts exported commercial cargo from the House Transportation and Infrastructure Related to: Young (AK) Efficient Transportation Equity Act harbor maintenance excise tax. Subcommittee Highways, Transit, and S 1072 145 cosponsors of 2004 Pipelines House Education and the Workforce House Energy and Commerce House Judiciary House Resources House Science HR 2564 6/23/03 None Amends the Internal Revenue Code to apply the House Ways and Means Capuano (MA 8) Harbor Maintenance Tax to certain ports used to 6 cosponsors import commercial cargo worth more than $100 million. Negates the tax on a port for any year after a period of three consecutive years in which $100 million or less cargo was imported through the port and no federal funds were used for construction, maintenance, or operation, as well as for subsequent years so long as the preceding year's cargo was $100 million or less. S 1310 6/23/03 None Amends the Internal Revenue Code to apply the Senate Finance Kerry (MA) Harbor Maintenance Tax to certain ports used to No cosponsors import commercial cargo worth more than $100 million. Negates the tax on a port for any year after a period of three consecutive years in which $100 million or less cargo was imported through the port and no federal funds were used for construction, maintenance, or operation, as well as for subsequent years so long as the preceding year's cargo was $100 million or less. S 1072 5/15/03 Safe, Accountable, Flexible, and Exempts exported commercial cargo from the Senate Environment and Public Works Related to: Inhofe (OK) Efficient Transportation Equity Act harbor maintenance excise tax. (Was Subcommittee on Transportation and HR 3550 3 cosponsors of 2004 incorporated into HR 3550.) Infrastructure Subcommittee on Competition, Foreign Commerce, and Infrastructure HR 5199 7/24/02 United States Port Opportunity and Amends the Internal Revenue Code to exempt House Ways and Means Dunn (WA 8) Revitalizing Trade Act of 2002 certain ports located near foreign international 7 cosponsors container ports from the Harbor Maintenance Tax. S 2787 7/24/02 U.S. Port Opportunity and Amends the Internal Revenue Code to exempt Senate Finance Murray (WA) Revitalizing Trade Act certain ports located near foreign international 1 cosponsor container ports from the Harbor Maintenance Tax. HR 4835 5/23/02 None Amends the Internal Revenue Code to apply the House Ways and Means Capuano (MA 8) Harbor Maintenance Tax to certain ports used to 4 cosponsors import commercial cargo worth more than $100 million. Negates the tax on a port for any year after a period of three consecutive years in which $100 million or less cargo was imported through the port and no federal funds were used for construction, maintenance, or operation, as well as for subsequent years so long as the preceding year's cargo was $100 million or less. (continued on next page)

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80 Date Introduced/ Bill Number Short Title Relevant Provisions Committee(s) Sponsors HR 2737 8/2/01 Support of Harbor Investment Amends the Internal Revenue Code to repeal the House Ways and Means Borski (PA 3) Program Act Harbor Maintenance Tax. House Transportation and Infrastructure 27 cosponsors Subcommittee on Water Resources and Environment Subcommittee on Coast Guard and Maritime Transportation HR 1260 3/24/99 Support of Harbor Investment Amends the Internal Revenue Code to repeal the House Ways and Means Borski (PA 3) Program Act Harbor Maintenance Tax. House Transportation and Infrastructure 47 cosponsors Subcommittee on Water Resources and Environment HR 5896 8/12/92 None Amends the Internal Revenue Code to reduce the House Public Works and Transportation Studds (MA 10) Harbor Maintenance Tax. Prohibits such tax Subcommittee on Water Resources 2 cosponsors from being imposed more than once per cargo House Ways and Means movement under the same bill of lading, regardless of how many times a cargo is loaded or unloaded under the same bill of lading. HR 5654 7/22/92 None Amends the Internal Revenue Code to extend the House Ways and Means Levin (MI 17) exemption from the Harbor Maintenance Ta x for 1 cosponsor intraport movements to cargo movement between a U.S. port and a port located in a foreign country that is within 5 miles of such U.S. port (a unified port). Declares that such exem ption does not apply to: (1) cargo landed in such foreign country before landing in the unified port; or (2) cargo destined for use outside the United States and outside such foreign country. HR 5835 10/15/90 Omnibus Budget Reconciliation Increases HMT from 0.04% to 0.125%, effective House Budget Related to: Panetta (CA 16) Act of 1990 January 1, 1991. HR 4867 No cosponsors HR 4867 5/17/90 Water Resources Development Act Amends the Internal Revenue Code to increase House Public Works and Transportation Related to: Stangeland (MN of 1990 the harbor maintenance fee (port use tax) from Subcommittee on Water Resources HR 5835 7) 0.04% to 0.125% of the value of the cargo House Ways and Means No cosponsors involved. S 2470 4/19/90 Harbor Maintenance Act of 1990 Amends the Internal Revenue Code to increase Senate Finance Chafee (RI) the excise tax on any port use (Harbor No cosponsors Maintenance Tax). HR 6 1/3/85 Water Resources Development Act Amends the Internal Revenue Code to impose an House Public Works and Transportation Howard (NJ 3) of 1986 excise tax on the value of commercial cargo Subcommittee on Water Resources 18 cosponsors loaded onto or unloaded from commercial vessels House Interior and Insular Affairs at U.S. ports. Provides an exe mption from such Subcommittee on Water and Power tax: (1) for cargo loaded in, or destined for, Resources Alaska, Hawaii, or any possession of the United House Merchant Marine and Fisheries States; (2) where the transportation of such cargo House Ways and Means has been subject to the excise tax for fuels used in commercial transportation on inland waterways; (3) for the govern ment of the United States; and (4) bonded co mmercial cargo entering the United States for transportation and direct exportation to a foreign country. Sets the initial rate at 0.04% of cargo value. Note: Shaded rows contain bills that have become public law.