[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 947 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 947

 To direct the Secretary of Transportation to establish and collect a 
fee based on the fair market value of articles imported into the United 
States and articles exported from the United States in commerce and to 
use amounts collected from the fee to make grants to carry out certain 
transportation projects in the transportation trade corridors for which 
             the fee is collected, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2009

 Mr. Calvert (for himself and Mr. Jackson of Illinois) 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 
fee based on the fair market value of articles imported into the United 
States and articles exported from the United States in commerce and to 
use amounts collected from the fee to make grants to carry out certain 
transportation projects in the transportation trade corridors for which 
             the fee is collected, and for other purposes.

    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 ``Our Nation's Trade, Infrastructure, 
Mobility, and Efficiency Act of 2009'' or the ``ON TIME Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The growth in international trade, particularly 
        containerized trade, is placing pressure on the Nation's 
        transportation network and influences traffic congestion in the 
        areas surrounding the major United States-international 
        gateways.
            (2) From 2000 to 2005, the value of international trade 
        rose from approximately $2,000,000,000,000 to 
        $2,600,000,000,000, while the number of containerized trade 
        shipments rose over the same period from approximately 
        59,000,000 20-foot equivalent units to 81,000,000 20-foot 
        equivalent units.
            (3) Existing trade agreements, in addition to potential 
        future agreements, foreshadow an even greater increase in 
        international trade and further increases of freight shipments 
        congestion.
            (4) In addition to being a member of the World Trade 
        Organization, the United States has agreed to 11 free trade 
        agreements and is in various stages of negotiation with 4 
        different countries and multi-lateral organizations with 
        regards to other potential free trade agreements.
            (5) Traffic congestion continues to worsen in United States 
        cities of all sizes, causing Americans to waste 4,200,000,000 
        hours in traffic and to purchase an extra 2,900,000,000 gallons 
        of fuel for a congestion cost of $78,000,000,000 per year.
            (6) More than 200 freight bottlenecks are costing the goods 
        movement industry $8,000,000,000 in economic losses annually 
        and 243,000,000 hours of delay and lost productivity each year.
            (7) To simply maintain the current conditions and traffic 
        levels of service of our transportation system, all levels of 
        Government must have invested $235,000,000,000 in 2006 and must 
        invest $304,000,000,000 in 2015 and $472,000,000,000 in 2030.
            (8) To improve the current conditions and traffic levels of 
        service of our transportation system to a level that benefits 
        the Nation's economic productivity, all levels of Government 
        must have invested $288,000,000,000 in 2006 and must invest 
        $368,000,000,000 in 2015 and $561,000,000,000 in 2030.
    (b) Purposes.--The purposes of this Act are to--
            (1) address major transportation investment needs in 
        national trade gateway corridors;
            (2) reduce freight congestion along current and future 
        trade corridors and provide congestion mitigation along surface 
        transportation routes that are or will be congested as a result 
        of current or future growth in international trade; and
            (3) develop corridors that will increase freight 
        transportation system reliability and enhance the quality of 
        life for United States citizens.

SEC. 3. ESTABLISHMENT AND COLLECTION OF NATIONAL TRADE GATEWAY CORRIDOR 
              FEE.

    (a) Import Fee.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        issue regulations that establish a national trade gateway 
        corridor fee on each article that is imported into the United 
        States in commerce.
            (2) Amount.--
                    (A) In general.--The amount of the fee on each 
                article that is imported into the United States in 
                commerce shall be equal to .075 percent of the value of 
                the article that is subject to the fee or $500, 
                whichever is less.
                    (B) Value defined.--For purposes of subparagraph 
                (A), the term ``value'' has the meaning given the term 
                in section 402 of the Tariff Act of 1930 (19 U.S.C. 
                1401a).
            (3) Collection.--The Secretary of Transportation, in 
        consultation with the Secretary of Homeland Security, shall 
        assess and collect the fee for carrying out eligible projects 
        in the transportation trade corridors for the customs port of 
        unloading of the article that is imported into the United 
        States in commerce.
            (4) Deposit.--Amounts received by the United States in the 
        form of the fee shall be deposited in the account established 
        by subsection (c).
    (b) Export Fee.--
            (1) Establishment.--The Secretary of Transportation, in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of Commerce, shall issue regulations that establish a 
        national trade gateway corridor fee on each article that is 
        exported from the United States in commerce.
            (2) Amount.--
                    (A) In general.--The amount of the fee on each 
                article that is exported from the United States in 
                commerce shall be equal to .075 percent of the value of 
                the article that is subject to the fee or $500, 
                whichever is less.
                    (B) Value defined.--For purposes of subparagraph 
                (A), the term ``value'' has the meaning given the term 
                in section 30.7(q) of title 15, Code of Federal 
                Regulations.
            (3) Collection.--The Secretary of Transportation, in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of Commerce, shall assess and collect the fee for 
        carrying out eligible projects in the transportation trade 
        corridors for the customs port of loading of the article that 
        is exported from the United States in commerce.
            (4) Deposit.--Amounts received by the United States in the 
        form of the fee shall be deposited in the account established 
        by subsection (c).
    (c) Account.--
            (1) Establishment.--There is established in the Treasury a 
        separate account for the deposit of fees under this section, 
        which shall be known as the ``National Trade Gateway Corridor 
        Fund''.
            (2) Contents.--The account shall consist of amounts 
        deposited into the account under subsections (a) and (b).
            (3) Use.--Amounts in the account shall be available to the 
        Secretary of Transportation, as provided in appropriations Acts 
        enacted after the date of the enactment of this Act, for making 
        expenditures to meet the obligations of the United States to 
        carry out this Act.

SEC. 4. APPORTIONMENT OF FUNDS.

    (a) Administrative Expenses.--The Secretary of Transportation shall 
set aside 2 percent of the amount authorized to be appropriated, from 
the National Trade Gateway Corridor Fund established by section 3(c), 
to carry out this Act for each fiscal year to pay the cost of 
collecting fees on imports and exports under section 3.
    (b) Apportionment.--
            (1) In general.--After the set-aside under subsection (a), 
        the Secretary shall apportion amounts remaining available of 
        the amount authorized to be appropriated, from the National 
        Trade Gateway Corridor Fund established by section 3, for a 
        fiscal year to carry out this Act to State departments of 
        transportation in the form of grants for carrying out eligible 
        projects in the transportation trade corridors for the customs 
        ports of entry with respect to which fees were collected under 
        section 3 in the preceding fiscal year in the ratio that--
                    (A) the amount the fees collected for each customs 
                port of entry under section 3 during the preceding 
                fiscal year; bears to
                    (B) the aggregate amount of fees collected for all 
                customs ports of entry under section 3 during the 
                preceding fiscal year.
            (2) Corridor to more than one state.--If a transportation 
        trade corridor is within the boundaries of more than one State, 
        the Secretary shall apportion the funds apportioned under 
        paragraph (1) for carrying out eligible projects in such 
        corridor among such States as follows:
                    (A) Fifty percent of the apportionment in the ratio 
                that--
                            (i) the total lane miles of Federal-aid 
                        highways in the transportation trade corridor 
                        in each of such States; bears to
                            (ii) the total lane miles of Federal-aid 
                        highways in the transportation trade corridor 
                        in all of such States.
                    (B) Fifty percent of the apportionments in the 
                ratio that--
                            (i) the total vehicle miles traveled on 
                        lanes on Federal-aid highways in the 
                        transportation trade corridor in each of such 
                        States; bears to
                            (ii) the total vehicle miles traveled on 
                        lanes on Federal-aid highways in the 
                        transportation trade corridor in all of such 
                        States.
            (3) Period of availability.--Amounts granted to a State 
        department of transportation for carrying out an eligible 
        project in a transportation trade corridor from amounts 
        apportioned under this subsection shall remain available for 
        obligation for a period of 6 years after the last day of the 
        fiscal year for which the funds are authorized to be 
        appropriated. Any amounts so apportioned that remain 
        unobligated at the end of that period shall be allocated to 
        other States for the purpose of funding eligible projects 
        located in transportation trade corridors at the discretion of 
        the Secretary.

SEC. 5. PROJECT SELECTION AND ELIGIBILITY.

    (a) Selection Process Guidelines.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of Transportation 
shall issue project selection guidelines for a State department of 
transportation to follow in selecting eligible projects for which 
grants may be made under this Act.
    (b) Minimum Requirements.--The selection guidelines issued by the 
Secretary under this section shall include a requirement that a State 
department of transportation--
            (1) consult with local governments, port authorities, 
        regional planning organizations, public and private freight 
        shippers, and providers of freight transportation services 
        during the project selection process;
            (2) adhere to applicable metropolitan and statewide 
        planning processes, including sections 134 and 135 of title 23, 
        United States Code, in selecting projects for which grants may 
        be made under this Act;
            (3) develop and implement a selection process that is in 
        writing and available to the public;
            (4) develop and implement a process for rating proposed 
        projects for which grants may be made under this Act in 
        accordance with the purposes of this Act; and
            (5) clearly identify the basis for rating projects under 
        the ratings process the State department of transportation 
        developed under paragraph (4).

SEC. 6. GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation may make a grant 
under this Act to a State department of transportation having 
jurisdiction over an area located in a transportation trade corridor.
    (b) Secretarial Approval.--A grant may only be made under this Act 
for an eligible project.
    (c) 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 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.
    (d) Federal Share.--
            (1) In general.--The Federal share of the cost of an 
        eligible project for which a grant is made under this Act shall 
        be 80 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of an eligible 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).
    (e) Prevailing Rate of Wage.--Section 113 of title 23, United 
States Code, shall apply to an eligible project being carried out with 
assistance provided under this section in the same manner and to the 
same extent as such would apply if such project was being carried out 
with assistance provided under chapter 1 of such title.

SEC. 7. TRANSPORTATION TRADE CORRIDORS.

    (a) Establishment.--The Secretary of Transportation, in 
consultation with the Secretary of Commerce, shall establish--
            (1) a transportation trade corridor for each customs port 
        of entry, for which fees were collected under section 3 in the 
        preceding fiscal year, in accordance with subsection (b); and
            (2) the boundaries of the transportation trade corridor for 
        such port of entry.
    (b) Criteria for Establishment of Corridors.--A transportation 
trade corridor--
            (1) may include areas in more than one State if the States 
        are contiguous;
            (2) may not extend more than 300 miles from the customs 
        port of entry for which it is established; and
            (3) may only include areas that are used for motor vehicle 
        and cargo movements related to international trade.
    (c) Multiple Ports of Entry.--The Secretary of Transportation may 
establish under this section a single transportation trade corridor for 
multiple ports of entry located in close proximity to one another.
    (d) Deadline for Establishment of Proposed Corridors.--Not later 
than 180 days after the date of enactment of this Act, the Secretary of 
Transportation shall publish in the Federal Register the boundaries of 
the transportation trade corridors the Secretary proposes to establish 
under this section.
    (e) Comment Period.--The Secretary of Transportation shall provide 
a period of 45 days for comments to be made to the Secretary by the 
public, and for holding such hearings as the Secretary determines are 
appropriate to receive comments, concerning the boundaries of the 
transportation trade corridors proposed by the Secretary under 
subsection (c).
    (f) Deadline for Establishment of Final Corridors.--Not later than 
one year after date of enactment of this Act, the Secretary of 
Transportation shall publish in the Federal Register the boundaries of 
the transportation trade corridors the Secretary is establishing under 
this section.
    (g) Periodic Reviews and Modifications.--During the 60-day period 
ending on September 30 before each fiscal year after the first fiscal 
year for which funds are authorized to be appropriated to carry out 
this Act, the Secretary of Transportation may conduct such reviews, 
hold such hearings, and take such other actions as may be necessary to 
ensure that--
            (1) there is a transportation trade corridor for each 
        customs port of entry for which fees were collected under 
        section 3 in the preceding fiscal year; and
            (2) the boundaries of such corridor are appropriate to 
        carry out the objectives of this Act.

SEC. 8. REGULATIONS.

    Not later than one year after date of enactment of this Act, the 
Secretary of Transportation shall issue regulations to carry out the 
objectives of this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated from the 
National Trade Gateway Corridor Fund established by section 3 to carry 
out this Act such sums as were deposited in the Fund during the 
preceding fiscal year under section 3.
    (b) Date Available for Obligation.--Authorizations from the 
separate account to carry out this Act shall be available for 
obligation on October 1 of the fiscal year for which they are 
authorized.
    (c) Grants as Contractual Obligations.--A grant for a highway 
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.

SEC. 10. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Eligible project.--The term ``eligible project'' 
        means--
                    (A) a project or activity eligible for assistance 
                under chapter 1 of title 23, United States Code; and
                    (B) a project for construction of or improvements 
                to a publicly owned intermodal freight transfer 
                facility, for providing access to such a facility, or 
                for making operational improvements to such a facility 
                (including capital investment for an intelligent 
                transportation system); except that a project located 
                within the boundaries of a port terminal shall only 
                include the surface transportation infrastructure 
                modifications necessary to facilitate direct intermodal 
                interchange, transfer, and access into and out of the 
                port.
            (2) Federal-aid highway.--The term ``Federal-aid highway'' 
        has the meaning such term has under section 101 of title 23, 
        United States Code.
            (3) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, and Puerto Rico.
            (4) State department of transportation.--The term ``State 
        department of transportation'' has the meaning such term has 
        under section 101 of title 23, United States Code.
            (5) United states.--The term ``United States'' means the 50 
        States, the District of Columbia, and Puerto Rico.
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