[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2355 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2355

  To establish a National Goods Movement Improvement Fund to provide 
 funding for infrastructure projects that will improve the movement of 
 goods, mitigate environmental damage caused by the movement of goods, 
             and enhance the security of transported goods.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2009

  Ms. Richardson (for herself, Mr. Cummings, Mr. Conyers, Mr. Meek of 
  Florida, Mr. McDermott, Ms. Lee of California, Mr. Rohrabacher, Mr. 
 Scott of Virginia, and Mrs. Tauscher) introduced the following bill; 
       which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Ways and Means, 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 establish a National Goods Movement Improvement Fund to provide 
 funding for infrastructure projects that will improve the movement of 
 goods, mitigate environmental damage caused by the movement of goods, 
             and enhance the security of transported goods.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Making 
Opportunities Via Efficient and More Effective National Transportation 
Act of 2009'' or the ``MOVEMENT Act of 2009''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
              TITLE I--NATIONAL GOODS MOVEMENT IMPROVEMENT

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. National Goods Movement Improvement Program.
Sec. 104. Administrative provisions.
Sec. 105. Reporting requirement.
Sec. 106. Sunset provision.
                      TITLE II--FUNDING PROVISIONS

Sec. 201. National Goods Movement Improvement Fund.
Sec. 202. Harbor maintenance tax.

              TITLE I--NATIONAL GOODS MOVEMENT IMPROVEMENT

SEC. 101. 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) According to the Maritime Administration, 6,867 
        oceangoing-vessels made 63,804 calls at United States seaports. 
        Of these ports of call, the top 10 seaports handled 88 percent 
        of imported cargo units in 2007.
            (4) According to the Maritime Administration, the average 
        size of vessels calling at United States ports increased by 8 
        percent over the past 5 years. Containerships were 13 percent 
        larger over this period, representing the need to enhance 
        spending on transportation infrastructure to support the 
        increased amounts of trade.
            (5) 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.
            (6) The number of waterborne containerized shipments in the 
        United States recently declined on average by approximately 10 
        percent; however, it is expected that the number of waterborne 
        containerized shipments in the United States will increase by 
        as much as 350 percent by the year 2020.
            (7) The California Air Resources Board, in its 2006 
        Emission Reduction Plan for Ports and Goods Movement, 
        calculated that in California alone port and goods movement 
        pollution contributed to 2,400 premature heart-related deaths, 
        62,000 cases of asthma symptoms, and more than 1 million 
        respiratory-related school absences every year.
            (8) According to the National Surface Transportation Policy 
        and Revenue Study Commission, congestion is disrupting 
        household and business activities from coast to coast and 
        extracting a large and expanding penalty on business 
        productivity and the quality of life of American families.
            (9) According to the National Surface Transportation Policy 
        and Revenue Study Commission, Highway Trust Fund revenues since 
        2003 have fallen by 4 percent a year when adjusted with 
        inflation, representing a drastic decrease in available funding 
        for transportation infrastructure.

SEC. 102. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Covered port.--The term ``covered port'' means a 
        seaport or land port of entry in the United States at which 
        taxes are collected under 4461 of the Internal Revenue Code of 
        1986.
            (2) Eligible goods movement improvement project.--The term 
        ``eligible goods movement improvement project'' means--
                    (A) a project eligible for assistance under title 
                23, United States Code, that has as its primary purpose 
                improving the movement of goods in interstate commerce, 
                including projects that relieve truck congestion 
                leading into and out of ports and invest in existing 
                transportation technology;
                    (B) a project to enhance or expand freight rail 
                service; and
                    (C) other projects to improve the movement of goods 
                in interstate commerce as the Secretary determines 
                appropriate, including projects located on the site of 
                a covered port.
            (3) 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, including projects that promote diesel 
        engine replacement and the use of clean trucks, cold iron 
        technology, and equipment that reduces smoke stack emissions 
        from vessels at a port.
            (4) Eligible homeland security project.--The term 
        ``eligible homeland security project'' means a project to 
        improve cargo inspection, screening, and security training for 
        workers, including projects to educate and train port employees 
        and workers on relevant security issues.
            (5) Eligible project.--The term ``eligible project'' means 
        an eligible goods movement improvement project, eligible 
        environmental project, or eligible homeland security project.
            (6) National goods movement improvement fund.--The term 
        ``National Goods Movement Improvement Fund'' means the fund 
        established under section 9511 of the Internal Revenue Code of 
        1986.
            (7) National goods movement improvement program.--The term 
        ``National Goods Movement Improvement Program'' means the grant 
        program authorized by section 103.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) State.--The term ``State'' means any of the 50 States 
        and the District of Columbia.
            (10) State transportation department.--The term ``State 
        transportation department'' has the meaning such term has under 
        section 101 of title 23, United States Code.
            (11) United states.--The term ``United States'' means the 
        50 States and the District of Columbia.

SEC. 103. NATIONAL GOODS MOVEMENT IMPROVEMENT PROGRAM.

    (a) General Authority.--The Secretary shall carry out a program, to 
be known as the ``National Goods Movement Improvement 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 Fund.
    (b) Administrative Expenses.--The Secretary shall pay the 
administrative costs of the Secretary under this section using amounts 
made available to the Secretary under section 9511(c)(2) of the 
Internal Revenue Code of 1986, as added by this Act.
    (c) Apportionment of Funds.--
            (1) In general.--On October 1 of a fiscal year, the 
        Secretary shall apportion the funds (other than the 
        administrative expenses referred to in subsection (b)) 
        appropriated out of the National Goods Movement Improvement 
        Fund for the fiscal year to carry out this section among those 
        States containing one or more covered ports, in the form of 
        grants, in the ratio that--
                    (A) the aggregate amount of funds deposited in the 
                National Goods Movement Improvement Fund during the 
                preceding fiscal year that is attributable to covered 
                ports in each such State; bears to
                    (B) the aggregate amount of funds deposited in the 
                National Goods Movement Improvement Fund during the 
                preceding fiscal year that is attributable to covered 
                ports in all such States.
            (2) Availability of amounts to state transportation 
        departments.--Amounts apportioned to a State under this 
        subsection shall be made available to its State transportation 
        department. Such amounts may not be transferred, loaned, or 
        deferred to any other entity for any other purpose.
            (3) Eligible projects.--A State transportation department 
        shall 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.
    (d) Allocations of Apportioned Funds.--
            (1) Allocation among covered ports.--A State transportation 
        department shall allocate funds apportioned to the State under 
        subsection (c) for a fiscal year among the covered ports 
        located in the State, which generate revenue for the National 
        Goods Movement Improvement Fund, in the ratio that--
                    (A) the aggregate amount of funds deposited in the 
                National Goods Movement Improvement Fund during the 
                preceding fiscal year that is attributable to each 
                covered port in the State; bears to
                    (B) the aggregate amount of funds deposited in the 
                National Goods Movement Improvement Fund during the 
                preceding fiscal year that is attributable to all 
                covered ports in the State.
            (2) Allocation among types of projects.--Of the amounts 
        allocated to a covered port under paragraph (1) for a fiscal 
        year--
                    (A) 90 percent shall be available only for eligible 
                goods movement improvement projects;
                    (B) 7 percent shall be available only for eligible 
                environmental projects; and
                    (C) 3 percent shall be available only for eligible 
                homeland security projects.
    (e) Project Selection.--
            (1) In general.--Amounts allocated by a State department of 
        transportation to a covered port under subsection (d) shall be 
        distributed by the State department of transportation to 
        projects that--
                    (A) are selected by the State department of 
                transportation in consultation with the owner or 
                operator of the covered port and any applicable 
                regional planning commission; and
                    (B) except as provided by paragraph (3), are 
                physically located, in whole or in part, on the site of 
                the covered port or within a 40-mile radius of such a 
                site.
            (2) Project selection guidelines.--
                    (A) 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 this section.
                    (B) Availability of guidelines.--The Secretary 
                shall make the guidelines established under this 
                paragraph available to State departments of 
                transportation, owners and operators of covered ports, 
                owners and operators of railroads, and applicable 
                regional planning commissions.
                    (C) Minimum requirements.--In establishing the 
                guidelines under this subsection, the Secretary shall 
                ensure that the State department of transportation 
                receiving grant funding under this title can 
                demonstrate--
                            (i) a financial need for the use of Federal 
                        funding for the project; and
                            (ii) a clear and definable purpose for the 
                        project, including how the project will promote 
                        one or more of the goals of--
                                    (I) improving highway, rail, and 
                                port goods movement;
                                    (II) mitigating environmental 
                                damage to air, water, and soil caused 
                                by the movement of goods and promoting 
                                the use of clean trucks or diesel 
                                replacement; and
                                    (III) improving cargo inspection, 
                                screening, and security training for 
                                workers, including projects to educate 
                                and train port employees and workers on 
                                relevant security issues.
                    (D) Projects accomplishing multiple goals.--In 
                establishing the guidelines under this paragraph, the 
                Secretary shall ensure the selection of projects that 
                accomplish the maximum number of goals described in 
                subparagraph (C)(ii).
                    (E) Planning requirements.--In establishing the 
                guidelines under this paragraph, the Secretary shall 
                ensure that--
                            (i) eligible goods movement improvement 
                        projects are selected in accordance with 
                        applicable metropolitan, regional, and 
                        statewide planning processes, including 
                        sections 134 and 135 of title 23, United States 
                        Code; and
                            (ii) all attempts are made by State 
                        departments of transportation receiving grant 
                        funding under this title to include regional 
                        and State transportation organizations in the 
                        selection process.
            (3) Exception to project location requirement.--The 
        Secretary may waive the application of paragraph (1)(B) with 
        respect to not to exceed 10 percent to the funds allocated to a 
        covered port for a fiscal year under subsection (d)(1) if--
                    (A) the State, in consultation with the owner or 
                operator of the covered port and the appropriate 
                planning commission, submits an application for the 
                waiver, at such time and in such form as the Secretary 
                may require;
                    (B) any project constructed pursuant to the 
                waiver--
                            (i) is located within a goods movement 
                        chain that originates or ends at the covered 
                        port;
                            (ii) is designed to accomplish multiple 
                        goals described in paragraph (2)(C)(ii); and
                            (iii) is physically located, in whole or in 
                        part, within a 150-mile radius of the covered 
                        port.
            (4) Reporting requirement.--The Secretary shall transmit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Public Works and the 
        Environment of the Senate a written notice of each waiver 
        issued under paragraph (3), including an explanation of the 
        reasons for granting the waiver.
    (f) Project Implementation.--A State transportation department may 
carry out an eligible project using grant funds made available under 
this title either directly or by entering into appropriate arrangements 
with owners and operators of covered ports, owners and operators of 
railroads, and other entities.
    (g) Freight Impact Study.--The Secretary shall require each State 
receiving funds under this section to provide to the Secretary, on an 
annual basis, data on the amount of cargo transported through the State 
by a seaport or inland port.

SEC. 104. ADMINISTRATIVE PROVISIONS.

    (a) Date Available for Obligation.--Authorizations from the 
National Goods Movement Improvement Fund shall be available for 
obligation on the date of their apportionment or on October 1 of the 
fiscal year for which they are authorized, whichever occurs first.
    (b) Period of Availability.--Funds apportioned to a State 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 that remain unobligated 
at the end of such period shall be reallocated among the covered States 
at the discretion of the Secretary.
    (c) Grants as Contractual Obligations.--A grant for a project under 
this title 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 title 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 title 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 title 23, United States Code.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        for which a grant is made under this title shall be 90 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of a project for which a grant is made under this title may not 
        be provided from Federal funds made available under any other 
        law (including funds from the Highway Trust Fund).
            (3) Waivers.--
                    (A) In general.--If the Secretary determines that a 
                project is a collaboration between multiple counties 
                and multiple regional planning commissions and has a 
                national significance in promoting goods movement, the 
                Secretary may waive the requirement for payment of the 
                non-Federal share of the cost of the project under this 
                subsection.
                    (B) Written justifications.--Before issuing a 
                waiver for a project under subparagraph (A), the 
                Secretary shall submit to Congress a written 
                justification for the waiver, including--
                            (i) a description of the project, including 
                        its location and cost; and
                            (ii) a description of the national impact 
                        the project will have in the United States on 
                        enhancing the efficiency of the movement of 
                        goods, mitigating environmental damage caused 
                        by the movement of goods and enhancing the 
                        security of the movement of goods.
                    (C) Limitation.--The Secretary may issue waivers 
                under subparagraph (A) with respect to not to exceed 20 
                percent to the grant funds made available in a fiscal 
                year under this title.
    (g) Prohibition.--No funds made available under this section may be 
used by a grant recipient to conduct a study related to a future 
project.
    (h) Use of Existing and Proven Technology.--All attempts should be 
made to use existing and proven technology when carrying out eligible 
projects under this title.

SEC. 105. REPORTING REQUIREMENT.

    (a) Report to Congress.--Not later than December 31, 2011, and 
annually thereafter during the term of the National Goods Movement 
Improvement Program (in this section referred to as the ``program''), 
the Secretary shall submit to Congress a report on projects submitted, 
projects approved for funding, and the results of the program, 
including the effects of the program on mitigating the environmental 
damage caused by the movement of goods and enhancing the security of 
the movement of goods.
    (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 in 
        the United States on enhancing the efficiency of goods 
        movement;
            (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 title for the project;
            (3) a list identifying any projects that were submitted to 
        receive funding but were denied;
            (4) a description of the impact, if any, that the program 
        has had on the cost of imported consumer goods in the United 
        States;
            (5) an assessment of the current condition of the National 
        Goods Movement Improvement Fund;
            (6) the results of a study, to be conducted by the 
        Secretary using data obtained under section 103(g), detailing 
        the amount of cargo that is transported through each State by a 
        seaport or inland port;
            (7) recommendations regarding the potential for expansion 
        or other changes to the program, including adjustments to the 
        harbor maintenance tax to ensure that the tax is producing 
        sufficient funding for the program; and
            (8) recommendations regarding whether the program should be 
        reauthorized by Congress and, if so, whether the harbor 
        maintenance tax 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. 106. SUNSET PROVISION.

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

                      TITLE II--FUNDING PROVISIONS

SEC. 201. NATIONAL GOODS MOVEMENT IMPROVEMENT FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to the trust fund code) is amended by adding at 
the end thereof the following new section:

``SEC. 9511. NATIONAL GOODS MOVEMENT IMPROVEMENT FUND.

    ``(a) Creation of Fund.--There is hereby established in the 
Treasury of the United States a fund to be known as the `National Goods 
Movement Improvement Fund', consisting of such amounts as may be--
            ``(1) appropriated to the National Goods Movement 
        Improvement Fund as provided in this section, or
            ``(2) credited to the National Goods Movement Improvement 
        Fund as provided in section 9602(b).
    ``(b) Transfer to National Goods Movement Improvement Fund of 
Amounts Equivalent to Certain Taxes.--There are hereby appropriated to 
the National Goods Movement Improvement Fund amounts equivalent to 
71.43 percent of the taxes received in the Treasury under section 4461 
(relating to harbor maintenance tax).
    ``(c) Expenditures From National Goods Movement Improvement Fund.--
Amounts in the National Goods Movement Improvement Fund shall be 
available to the Secretary of Transportation, as provided in advance in 
appropriations Acts, for fiscal years beginning after the second 
September 30th after the date of the enactment of the Making 
Opportunities Via Efficient and More Effective National Transportation 
Act of 2009--
            ``(1) for making expenditures to carry out section 103 of 
        such Act, and
            ``(2) for the payment of all expenses of administration 
        incurred for any fiscal year by the Secretary of Transportation 
        related to the administration of the program established by 
        section 103 of such Act, and by the Department of the Treasury, 
        the Army Corps of Engineers, and the Department of Commerce 
        related to the administration of the tax imposed under section 
        4461(a)(2), but not in excess of an amount equal to one percent 
        of the total balance of the fund on the last day of the 
        preceding fiscal year or $10,000,000, whichever is less.''.
    (b) Clerical Amendment.--The table of sections for such subchapter 
A is amended by adding at the end thereof the following:

``Sec. 9511. National Goods Movement Improvement Fund.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 202. HARBOR MAINTENANCE TAX.

    (a) Imposition of Tax.--Section 4461 of the Internal Revenue Code 
of 1986 is amended to read as follows.

``SEC. 4461. IMPOSITION OF TAX.

    ``(a) General Rule.--There is hereby imposed a tax on--
            ``(1) any port use, and
            ``(2) commercial cargo entering the customs territory of 
        the United States other than by port use following foreign port 
        use.
    ``(b) Amount of Tax.--
            ``(1) Port use.--The amount of the tax imposed by 
        subsection (a)(1) shall be an amount equal to 0.4375 percent of 
        the value of the commercial cargo involved.
            ``(2) Commercial cargo entering the united states following 
        foreign port use.--The amount of the tax imposed by subsection 
        (a)(2) shall be an amount equal to 0.3125 percent of the value 
        of the commercial cargo involved.
    ``(c) Liability and Time of Imposition of Tax.--
            ``(1) Liability.--The tax imposed by subsection (a) shall 
        be paid by the importer of the cargo with respect to which tax 
        is imposed under subsection (a).
            ``(2) Time of imposition.--
                    ``(A) Port use.--Except as provided by regulations, 
                the tax imposed by subsection (a)(1) shall be imposed 
                at the time of unloading.
                    ``(B) Commercial cargo entering the united states 
                following foreign port use.--Except as provided by 
                regulations, the tax imposed by subsection (a)(2) shall 
                be imposed at the time the commercial cargo enters the 
                customs territory of the United States.''.
    (b) Definitions.--Subsection (a) of section 4462 of such Code is 
amended by adding at the end thereof the following:
            ``(6) Foreign port use.--The term ``foreign port use'' 
        means the unloading of commercial cargo from a commercial 
        vessel at a foreign port.
            ``(7) Foreign port.--The term ``foreign port'' means any 
        channel or harbor (or component thereof) in Mexico or Canada, 
        which--
                    ``(A) is not an inland waterway, and
                    ``(B) is open to public navigation.''.
    (c) Exceptions.--Subsection (g) of section 4462 of such Code is 
amended by adding at the end the following new paragraph:
            ``(4) Goods originating in canada or mexico.--No tax shall 
        be imposed under section 4461(a)(2) on any good, commodity, or 
        product which originated in Canada or Mexico.''.
    (d) Reduction of Tax in Cases of Port Use Subject to State or Local 
Fees.--Section 4462 of such Code is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Port Use Subject to State or Local Fees.--
            ``(1) Reduction of tax.--The Secretary may reduce the 
        amount of the tax imposed for port use at an individual port 
        under section 4461(a)(1) if--
                    ``(A) the port use is subject to a State or local 
                fee, and
                    ``(B) the revenues from the State or local fee are 
                reserved for projects and activities to improve the 
                movement of commercial cargo in commerce, as determined 
                by the Secretary in consultation with the Secretary of 
                Transportation.
            ``(2) Amount of reduction.--The amount of a reduction under 
        paragraph (1) shall be lessor of--
                    ``(A) the amount of the State or local fee 
                involved, and
                    ``(B) an amount equal to 10 percent of the tax that 
                would otherwise apply to the port use under section 
                4461(a)(1).''.
    (e) Conforming Amendments Relating to Harbor Maintenance Trust 
Fund.--
            (1) Transfer to harbor maintenance trust fund of amounts 
        equivalent to certain taxes.--Section 9505(b) of such Code is 
        amended by striking ``amounts equivalent to the taxes 
        received'' and inserting ``amounts equivalent to 28.57 percent 
        of the taxes received''.
            (2) Expenditures from harbor maintenance trust fund for 
        administrative expenses.--Section 9505(c)(3) of such Code is 
        amended by striking ``subchapter A of chapter 36 (relating to 
        harbor maintenance tax)'' and inserting ``the tax imposed under 
        section 4461(a)(1)''.
    (f) Guidelines for Carrying Out Reduction in Tax.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
the Treasury shall establish guidelines for the approval or denial of a 
reduction in tax under section 4462(i) of the Internal Revenue Code of 
1986 (as added by this section). Such guidelines shall include 
procedures for States seeking such reduction to inform the Secretary of 
Transportation in writing of their request for a reduction.
    (g) Effective Date.--The amendments made by this section shall 
apply to port use and commercial cargo entering the United States on or 
after on the 90th day after the date of the enactment of this Act.
                                 <all>