[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7002 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7002

 To direct the Secretary of Transportation to establish and collect a 
  national container fee and to use amounts collected from the fee to 
 make grants for infrastructure projects at United States seaports and 
    in surrounding areas to improve the movement of goods, enhance 
 transportation security, and mitigate environmental damage caused by 
                         the movement of goods.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2008

Ms. Richardson introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Ways and Means and Foreign Affairs, 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 direct the Secretary of Transportation to establish and collect a 
  national container fee and to use amounts collected from the fee to 
 make grants for infrastructure projects at United States seaports and 
    in surrounding areas to improve the movement of goods, enhance 
 transportation security, and mitigate environmental damage caused by 
                         the movement of goods.

    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 ``Making Opportunities Via Efficient 
and More Effective National Transportation Act of 2008'' or the 
``MOVEMENT Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The movement of goods is a form of interstate commerce.
            (2) Waterborne containerized shipments of imported products 
        valued at approximately $2 trillion entered the United States 
        last year.
            (3) The number of waterborne containerized shipments of 
        cargo into and out of the United States is expected to increase 
        by more than 350 percent by 2020.
            (4) In 2006, world waterborne container traffic was 
        estimated at 417 million twenty-foot equivalent units (loaded 
        and empty), 10 percent more than the 378 million twenty-foot 
        equivalent units transported in 2005.
            (5) From 1995 to 2006, world waterborne container traffic 
        more than tripled in volume from 137 million twenty-foot 
        equivalent units to 417 million twenty-foot equivalent units, 
        growing at an average annual rate of approximately 11 percent.
            (6) The number of waterborne containerized shipments of 
        imported products into the United States increased by 33 
        percent between fiscal years 2000 and 2006, from 23.5 million 
        shipments to 31.3 million shipments.
            (7) In 2007, the 10 most productive containerized seaports 
        in the United States, when measured in terms of tonnage 
        processed, handled 88 percent of all United States waterborne 
        container trade.
            (8) The California Air Resources Board, in its 2006 
        Emission Reduction Plan for Ports and Goods Movement, 
        calculated that in California alone there are 2,400 premature 
        heart-related deaths related to port and goods movement 
        pollution, 62,000 cases of asthma symptoms, and more than 1 
        million respiratory-related school absences every year.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Beneficial cargo owner.--The term ``beneficial cargo 
        owner'' means the importer of record, who physically takes 
        possession of cargo at a destination and does not act as a 
        third party in the movement of such goods.
            (2) Cargo container.--The term ``cargo container'' means a 
        twenty-foot equivalent unit or a forty-foot equivalent unit.
            (3) Covered seaport.--The term ``covered seaport'' means a 
        seaport that has been designated as a port of entry by the 
        Commissioner of U.S. Customs and Border Protection.
            (4) Eligible environmental project.--The term ``eligible 
        environmental project'' means a project that mitigates 
        environmental damage to air, water, and soil caused by the 
        movement of goods.
            (5) Eligible goods movement improvement project.--The term 
        ``eligible goods movement improvement project'' means a project 
        eligible for assistance under title 23, United States Code, 
        that has as its primary purpose improving the movement of cargo 
        containers in interstate commerce.
            (6) Eligible homeland security project.--The term 
        ``eligible homeland security infrastructure project'' means a 
        project eligible for assistance under section 70107 of title 
        46, United States Code.
            (7) Eligible project.--The term ``eligible project'' means 
        any eligible goods movement improvement project, eligible 
        homeland security project, or eligible environmental project.
            (8) Forty-foot equivalent unit.--The term ``forty-foot 
        equivalent unit'' means a shipping container that measures 
        approximately 39.5 feet by 7.8 feet by 7.10 feet.
            (9) Interstate commerce.--The term ``interstate commerce'' 
        means commerce between any place in a State and any place 
        outside of that State, or within any possession of the United 
        States (not including the Canal Zone) or the District of 
        Columbia, and commerce between places within the same State but 
        through any place outside of that State.
            (10) National goods movement improvement account.--The term 
        ``National Goods Movement Improvement Account'' means the 
        separate account established by section 5.
            (11) National goods movement improvement grant program.--
        The term ``National Goods Movement Improvement Grant Program'' 
        means the grant program authorized by section 6.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (13) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, American Samoa, Guam, the Northern 
        Mariana Islands, Puerto Rico, the Virgin Islands, and any other 
        territory or possession of the United States.
            (14) State transportation department.--The term ``State 
        transportation department'' has the meaning such term has under 
        section 101 of title 23, United States Code.
            (15) Twenty-foot equivalent unit.--The term ``twenty-foot 
        equivalent unit'' means a shipping container that measures 
        approximately 20 feet by 8 feet by 8 feet.
            (16) United states.--The term ``United States'' means the 
        50 States, the District of Columbia, American Samoa, Guam, the 
        Northern Mariana Islands, Puerto Rico, the Virgin Islands, and 
        any other territory or possession of the United States.

SEC. 4. FEE STRUCTURE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue regulations to 
establish a national container fee to be collected on each cargo 
container that is imported into the United States or exported out of 
the United States in commerce at a covered seaport.
    (b) Amount.--The amount of the fee to be collected on a cargo 
container under subsection (a) shall be--
            (1) $25 for a twenty-foot equivalent unit; and
            (2) $50 for a forty-foot equivalent unit.
    (c) Payment.--The beneficial cargo owner of merchandise in a cargo 
container subject to the fee to be collected under subsection (a) shall 
be responsible for payment of the fee. If there is more than one 
beneficial cargo owner with respect to merchandise in a cargo container 
subject to the fee to be collected under subsection (a), each 
beneficial cargo owner shall be responsible for payment of an equal 
portion of the fee.
    (d) Collection.--The Secretary, in cooperation with the 
Commissioner of U.S. Customs and Border Protection, shall provide for 
collection of the fee under subsection (a).
    (e) Container Form.--Not later than 90 days after the date of 
enactment of this Act, the Secretary, in cooperation with the 
Commissioner of U.S. Customs and Border Protection, shall provide for 
modification of shippers export declaration and entry summary forms to 
include a listing of the number of cargo containers being used by each 
beneficial cargo owner per shipment.
    (f) Deposit.--Amounts received at covered seaports by the United 
States as a result of the fee to be collected under subsection (a) 
shall be deposited into the National Goods Movement Improvement Account 
established under section 5 on a quarterly basis.
    (g) Adjustments of Fees.--
            (1) In general.--After the last day of the 5-year period 
        beginning on the date of enactment of this Act, the Secretary 
        may increase or decrease the amount of the fee to be collected 
        under subsection (a) based on infrastructure funding needs 
        identified under the National Goods Movement Improvement Grant 
        Program authorized by section 6.
            (2) Congressional notification.--The Secretary shall 
        provide written notice to Congress of any proposed increase or 
        decrease of the fee at least 30 days before the increase or 
        decrease takes effect.
            (3) Limitation.--Paragraph (1) shall not be construed to 
        authorize the Secretary to eliminate the fee.
    (h) Termination of Fee.--The fee established pursuant to subsection 
(a) shall not apply after September 30, 2018.

SEC. 5. ACCOUNT.

    (a) Establishment.--There is established in the Treasury a separate 
account to be known as the ``National Goods Movement Improvement 
Account''.
    (b) Contents.--The account shall consist of amounts deposited into 
the account under this Act.
    (c) Use.--Amounts in the account shall be available to the 
Secretary, as provided in appropriations Acts, for making expenditures 
before October 1, 2019, to meet the obligations of the United States 
entered into under this Act.

SEC. 6. GRANT PROGRAM.

    (a) General Authority.--The Secretary shall carry out a program, to 
be known as the ``National Goods Movement Improvement Grant Program'', 
to provide funding in accordance with the requirements of this section 
for eligible projects using amounts appropriated out of the National 
Goods Movement Improvement Account.
    (b) Administrative Expenses.--The Secretary may set aside not to 
exceed one percent of the aggregate amount appropriated out of the 
National Goods Movement Improvement Account for a fiscal year to pay 
the administrative costs of the Secretary in carrying out this Act.
    (c) Apportionment of Funds.--
            (1) In general.--On October 1 of a fiscal year, after 
        setting aside funds under subsection (b), the Secretary shall 
        apportion 50 percent of the remaining funds appropriated out of 
        the National Goods Movement Improvement Account for the fiscal 
        year among the States in the form of grants in the ratio that--
                    (A) the amount of fees collected under section 4 
                during the preceding fiscal year that are attributable 
                to a covered seaport located in the State; bears to
                    (B) the aggregate amount of fees collected under 
                section 4 during the preceding fiscal year.
            (2) Availability of amounts to state transportation 
        departments.--Amounts apportioned to a State under this 
        subsection shall be made available its State transportation 
        department. Such amounts may not be transferred to any other 
        entity.
            (3) Eligible projects.--A State transportation department 
        may obligate funds apportioned to the State under this 
        subsection only for eligible projects that have been approved 
        by the Secretary in accordance with such procedures as the 
        Secretary may require.
            (4) Allocations of apportioned funds.--Of the amounts 
        apportioned to a State under this subsection for a fiscal 
        year--
                    (A) 80 percent shall be available only for eligible 
                goods movement improvement projects;
                    (B) 10 percent shall be available only for eligible 
                homeland security projects; and
                    (C) 10 percent shall be available only for eligible 
                environmental projects.
    (d) Discretionary Grants.--
            (1) In general.--After setting aside funds under subsection 
        (b) and making apportionments under subsection (c), the 
        remaining funds appropriated out of the National Goods Movement 
        Improvement Account for a fiscal year shall be available to the 
        Secretary for making discretionary grants for eligible projects 
        under this subsection.
            (2) Eligible recipients.--A State transportation 
        department, owner or operator of a covered seaport, or owner or 
        operator of a railroad shall be eligible to receive a grant 
        under this subsection. A grant received under this subsection 
        may not be transferred to any other entity.
            (3) Applications.--A State transportation department, owner 
        or operator of a covered seaport, or owner or operator of a 
        railroad seeking a grant under this subsection shall submit to 
        the Secretary an application that is in such form and contains 
        such information as the Secretary may require.
            (4) Allocation of grant awards.--Of the amounts awarded in 
        grants under this subsection for a fiscal year--
                    (A) 80 percent shall be available only for eligible 
                goods movement improvement projects;
                    (B) 10 percent shall be available only for eligible 
                homeland security projects; and
                    (C) 10 percent shall be available only for eligible 
                environmental projects.
    (e) Project Selection Guidelines.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish guidelines 
        for the selection of projects for grant funding under 
        subsections (c) and (d).
            (2) Availability of guidelines.--The Secretary shall make 
        the guidelines established under this subsection available to 
        State departments of transportation, owners and operators of 
        covered seaports, and owners and operators of railroads.
            (3) Minimum requirements.--In establishing the guidelines 
        under this subsection, the Secretary shall ensure that the 
        sponsor of an eligible project receiving grant funding under 
        this Act can demonstrate--
                    (A) a financial need for the use of Federal funding 
                for the project; and
                    (B) a clear and definable purpose for the project, 
                including how the project will promote one or more of 
                the goals of--
                            (i) improved highway, rail, and port goods 
                        movement;
                            (ii) greater security; and
                            (iii) support for projects that mitigate 
                        environmental damage caused by the movement of 
                        goods.
            (4) Projects accomplishing multiple goals.--In establishing 
        the guidelines under this subsection, the Secretary shall 
        encourage the selection of projects that accomplish multiple 
        goals described in paragraph (3)(B).
            (5) Planning requirements.--In establishing the guidelines 
        under this subsection, the Secretary shall ensure that eligible 
        goods movement improvement projects are selected in accordance 
        with applicable metropolitan and statewide planning processes, 
        including sections 134 and 135 of title 23, United States Code.
    (f) Location of Projects.--
            (1) Projects carried out using apportioned funds.--A 
        project carried out using amounts apportioned to a State under 
        subsection (c) shall be physically located, in whole or in 
        part, on the site of a covered seaport located in the State or 
        within a 40-mile radius of such a site.
            (2) Projects carried out using discretionary grants.--
                    (A) Projects at or near a covered seaport.--The 
                Secretary shall ensure that an amount equal to at least 
                90 percent of the funds awarded in discretionary grants 
                under subsection (d) is used to carry out projects that 
                are physically located, in whole or in part, on the 
                site of a covered seaport or within a 40-mile radius of 
                such a site.
                    (B) Other projects.--The Secretary shall ensure 
                that any project receiving funds awarded in 
                discretionary grants under subsection (d) that is not 
                physically located, in whole or in part, on the site of 
                a covered seaport or within a 40-mile radius of such a 
                site--
                            (i) is part of a goods movement chain that 
                        originates at a covered seaport;
                            (ii) is designed to accomplish multiple 
                        goals described in subsection (e)(3)(B); and
                            (iii) is physically located, in whole or in 
                        part, within a 100-mile radius of a covered 
                        seaport.
                    (C) Annual report.--The Secretary shall provide to 
                Congress, on an annual basis, a report containing a 
                description of the projects selected under subparagraph 
                (B) in the preceding fiscal year and the reasons for 
                selection of the projects.

SEC. 7. ADMINISTRATIVE PROVISIONS.

    (a) Date Available for Obligation.--Authorizations from the 
National Goods Movement Improvement Account shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first.
    (b) Period of Availability.--Funds apportioned or allocated to a 
State department of transportation, owner or operator of a covered 
seaport, or owner or operator of a railroad for a project shall remain 
available for obligation for such purpose for a period of 2 years after 
the last day of the fiscal year for which the funds are authorized. Any 
funds so apportioned or allocated that remain unobligated at the end of 
such period shall be distributed by the Secretary in discretionary 
grants under section 6(d) in the subsequent fiscal year.
    (c) Grants as Contractual Obligations.--A grant for a project under 
this Act that is approved by the Secretary is a contractual obligation 
of the Government to pay the Federal share of the cost of the project.
    (d) Construction Standards.--A project to be carried out with 
assistance under this Act that is for a highway that is on a Federal-
aid system (as such terms are defined in section 101 of title 23, 
United States Code) shall be constructed to the same standards that 
would apply if such project was being carried out with assistance under 
chapter 1 of title 23, United States Code.
    (e) Prevailing Rate of Wage.--Section 113 of title 23, United 
States Code, shall apply to a project being carried out with assistance 
provided under this Act in the same manner and to the same extent as 
such section would apply if such project was being carried out with 
assistance provided under chapter 1 of such title.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        for which a grant is made under this Act shall be 75 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of a project for which a grant is made under this Act may not 
        be provided from Federal funds made available under any other 
        law (including funds from the Highway Trust Fund).
    (g) Prohibition.--No funds made available under this section may be 
used by grant recipients to conduct a study related to a future 
project.

SEC. 8. REPORTING REQUIREMENT.

    (a) Report to Congress.--Not later than December 31, 2010, and 
annually thereafter during the term of the National Goods Movement 
Improvement Grant Program (in this section referred to as the 
``program''), the Secretary shall submit to Congress a report on the 
results of the program.
    (b) Contents.--The report to be submitted under subsection (a) 
shall include, at a minimum--
            (1) a description of the impact that the program has had on 
        enhancing the efficiency of goods movement across the United 
        States, enhancing the security of the movement of goods, and 
        supporting programs that mitigate the environmental damage 
        caused by the movement of goods;
            (2) a list identifying each project selected for funding 
        under the program during the prior fiscal year and the amount 
        of funding provided under this Act for the project;
            (3) a description of the impact, if any, that the program 
        has had on the cost of imported consumer goods in the United 
        States;
            (4) an assessment of the current condition of the National 
        Goods Movement Improvement Account;
            (5) an assessment of the level of efficiency with which the 
        Secretary distributes amounts from the National Goods Movement 
        Improvement Account to projects nationwide;
            (6) recommendations regarding the potential for expansion 
        or other changes to the program, including adjustments to the 
        fee collected under section 4 to ensure that the fee is 
        producing sufficient funding for the program; and
            (7) recommendations regarding whether the program should be 
        reauthorized by Congress and, if so, whether the fee collected 
        under section 4 should be increased or decreased to support 
        infrastructure spending.
    (c) Consultation.--In developing the report to be submitted under 
subsection (a), the Secretary shall consult with the Secretary of 
Commerce, the Secretary of Homeland Security, and the Administrator of 
the Environmental Protection Agency.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated out of the National Goods 
Movement Improvement Account to carry out this Act for each of fiscal 
years 2009 through 2019 such sums as were deposited in the Account 
during the preceding fiscal year.

SEC. 10. SUNSET PROVISION.

    The authority of the Secretary to make grants under this Act shall 
continue in effect until October 1, 2019.
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