Document 2NdD2yNMY1KB93Xd9gqnjgZnN
BOM24567 S6J
S.L.C.
172
1
quirement under subsection (c)(3)(A)(i)(I)(aa)), a
2
vessel qualifying for funding through the pilot pro-
3
gram under this subsection shall only be eligible if
4
the Administrator certifies that the vessel of the
5
United States that will be constructed-
6
"(A) will operate in an emerging industry
7
or a new trade lane and will not compete with
8
existing vessels of the United States; or
9
"(B)(i) will replace an existing vessel of
10
the United States that is or will be acquired by
11
the Administrator to be placed in the National
12
Defense Reserve Fleet, pursuant to section
13
57101; and
14
"(ii) will operate for not longer than 21
15
years and upon disposition will be placed in the
16
National Defense Reserve Fleet, pursuant to
17
section 57101.
18
"(3) RULE OF CONSTRUCTION.--Nothing in
19
this subsection shall be construed to alter the re-
20
quirements under section 55102.
21
"(g) CLAWBACK.-
22
"(1) TARGET DATES.--For all awards to cov-
23
ered entities under this section, the Administrator
24
shall, before the award is made, determine target
OST-2025-1200 Page 00543
Sierra Club v. Dept. of Transp. - 3:25-cv-06221
SC_EVERSPLIT0012224
BOM24567 S6J
S.L.C.
173
1
dates by which the vessel's construction or a quali-
2
Pied shipyard investment shall be completed.
3
"(2) PROGRESSIVE RECOVERY FOR DELAYS.-
4
Subject to paragraph (3), if a covered entity does
5
not meet such target dates, the Administrator shall
6
progressively recover up to the full amount of an
7
award provided to a covered entity under this sec-
8
tion.
9
"(3) WAIVER.-In the case of delays that do
10
not meet such target dates, the Administrator may
11
waive elements of the progressive recovery described
12
in paragraph (2) that is incorporated in each award
13
after-
14
"(A) making a formal determination that
15
circumstances beyond the ability of the covered
16
entity to foresee or control are responsible for
17
delays; and
18
"(B) submitting congressional notification.
19
"(4) CONGRESSIONAL NOTIFICATION.--The Ad-
20
ministrator shall notify the appropriate committees
21
of Congress-
22
"(A) of the target dates described in para-
23
graph (1) for each award; and
OST-2025-1200 Page 00544
Sierra Club v. Dept. of Transp. - 3:25-cv-06221
SC_EVERSPLIT0012225