1.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
.
2.
(a)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)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.
3.Establishment and
collection of national trade gateway corridor fee
(a)
(1)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)
(A)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)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)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)Amounts
received by the United States in the form of the fee shall be deposited in the
account established by subsection (c).
(b)
(1)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)
(A)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)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)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)Amounts
received by the United States in the form of the fee shall be deposited in the
account established by subsection (c).
(c)
(1)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)The
account shall consist of amounts deposited into the account under subsections
(a) and (b).
(3)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.
4.
(a)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)
(1)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 StateIf 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)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.
5.Project selection
and eligibility
(a)Selection
process guidelinesNot 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)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).
6.
(a)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)A grant may only be made under this Act for an eligible
project.
(c)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)
(1)The Federal share of
the cost of an eligible project for which a grant is made under this Act shall
be 80 percent.
(2)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)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.
7.Transportation
trade corridors
(a)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 corridorsA 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)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 corridorsNot 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)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 corridorsNot 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 modificationsDuring 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.
8.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.
9.Authorization of
appropriations
(a)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 obligationAuthorizations 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 obligationsA 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.
10.In this Act, the following definitions
apply:
(1)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)The term
Federal-aid highway has the meaning such term has under section
101 of title 23, United States Code.
(3)The
term State means any of the 50 States, the District of Columbia,
and Puerto Rico.
(4)State department
of transportationThe term State department of
transportation has the meaning such term has under section 101 of title
23, United States Code.
(5)The term United
States means the 50 States, the District of Columbia, and Puerto
Rico.