110 HR 7002 IH: MOVEMENT Act of U.S. House of Representatives 2008-09-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7002 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

10.

Sunset provision

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