I 

110TH CONGRESS 

2D SESSION H. R. 5102 

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 

JANUARY 23, 2008 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Our Nation’s Trade, 

3 Infrastructure, Mobility, and Efficiency Act of 2007’’ or 

4 the ‘‘ON TIME Act of 2007’’. 

5 SEC. 2. FINDINGS AND PURPOSES. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The growth in international trade, particu8 larly containerized trade, is placing pressure on the 

9 nation’s transportation network and influences traf10 fic congestion in the areas surrounding the major 

11 United States-international gateways. 

12 (2) From 2000 to 2005, the value of inter13 national trade rose from approximately 

14 $2,000,000,000,000 to $2,600,000,000,000, while 

15 the number of containerized trade shipments rose 

16 over the same period from approximately 59,000,000 

17 20-foot equivalent units to 81,000,000 20-foot equiv18 alent units. 

19 (3) Existing trade agreements, in addition to 

20 potential future agreements, foreshadow an even 

21 greater increase in international trade and further 

22 increases of freight shipments congestion. 

23 (4) In addition to being a member of the World 

24 Trade Organization, the United States has agreed to 

25 11 free trade agreements and is in various stages of 

26 negotiation with 4 different countries and multi-latVerDate Aug 31 2005 22:26 Jan 24, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5102.IH H5102

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1 eral organizations with regards to other potential 

2 free trade agreements. 

3 (5) Traffic congestion continues to worsen in 

4 United States cities of all sizes, causing Americans 

5 to waste 4,200,000,000 hours in traffic and to pur6 chase an extra 2,900,000,000 gallons of fuel for a 

7 congestion cost of $78,000,000,000 per year. 

8 (6) More than 200 freight bottlenecks are cost9 ing the goods movement industry $8,000,000,000 in 

10 economic losses annually and 243,000,000 hours of 

11 delay and lost productivity each year. 

12 (7) To simply maintain the current conditions 

13 and traffic levels of service of our transportation sys14 tem, all levels of government must have invested 

15 $235,000,000,000 in 2006 and must invest 

16 $304,000,000,000 in 2015 and $472,000,000,000 in 

17 2030. 

18 (8) To improve the current conditions and traf19 fic levels of service of our transportation system to 

20 a level that benefits the Nation’s economic produc21 tivity, all levels of government must have invested 

22 $288,000,000,000 in 2006 and must invest 

23 $368,000,000,000 in 2015 and $561,000,000,000 in 

24 2030. 

25 (b) PURPOSES.—The purposes of this Act are to— 


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1 (1) address major transportation investment 

2 needs in national trade gateway corridors; 

3 (2) reduce freight congestion along current and 

4 future trade corridors and provide congestion miti5 gation along surface transportation routes that are 

6 or will be congested as a result of current or future 

7 growth in international trade; and 

8 (3) develop corridors that will increase freight 

9 transportation system reliability and enhance the 

10 quality of life for United States citizens. 

11 SEC. 3. ESTABLISHMENT AND COLLECTION OF NATIONAL 

12 TRADE GATEWAY CORRIDOR FEE. 

13 (a) IMPORT FEE.— 

14 (1) ESTABLISHMENT.—Not later than 180 days 

15 after the date of enactment of this Act, the Sec16 retary of Transportation shall issue regulations that 

17 establish a national trade gateway corridor fee on 

18 each article that is imported into the United States 

19 in commerce. 

20 (2) AMOUNT.— 

21 (A) IN GENERAL.—The amount of the fee 

22 on each article that is imported into the United 

23 States in commerce shall be equal to .075 per24 cent of the value of the article that is subject 

25 to the fee or $500, whichever is less. 


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1 (B) VALUE DEFINED.—For purposes of 

2 subparagraph (A), the term ‘‘value’’ has the 

3 meaning given the term in section 402 of the 

4 Tariff Act of 1930 (19 U.S.C. 1401a). 

5 (3) COLLECTION.—The Secretary of Transpor6 tation, in consultation with the Secretary of Home7 land Security, shall assess and collect the fee for 

8 carrying out eligible projects in the transportation 

9 trade corridors for the Customs port of unloading of 

10 the article that is imported into the United States 

11 in commerce. 

12 (4) DEPOSIT.—Amounts received by the United 

13 States in the form of the fee shall be deposited in 

14 the account established by subsection (c). 

15 (5) TERMINATION OF FEE.—The fee estab16 lished under this subsection shall not apply after the 

17 expiration of fiscal year 2017. 

18 (b) EXPORT FEE.— 

19 (1) ESTABLISHMENT.—The Secretary of Trans20 portation, in consultation with the Secretary of 

21 Homeland Security and the Secretary of Commerce, 

22 shall issue regulations that establish a national trade 

23 gateway corridor fee on each article that exported 

24 from the United States in commerce. 

25 (2) AMOUNT.— 


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1 (A) IN GENERAL.—The amount of the fee 

2 on each article that is exported from the United 

3 States in commerce shall be equal to .075 per4 cent of the value of the article that is subject 

5 to the fee or $500, whichever is less. 

6 (B) VALUE DEFINED.—For purposes of 

7 subparagraph (A), the term ‘‘value’’ has the 

8 meaning given the term in section 30.7(q) of 

9 title 15, Code of Federal Regulations. 

10 (3) COLLECTION.—The Secretary of Transpor11 tation, in consultation with the Secretary of Home12 land Security and the Secretary of Commerce, shall 

13 assess and collect the fee for carrying out eligible 

14 projects in the transportation trade corridors for the 

15 Customs port of loading of the article that is ex16 ported from the United States in commerce. 

17 (4) DEPOSIT.—Amounts received by the United 

18 States in the form of the fee shall be deposited in 

19 the account established by subsection (c). 

20 (5) TERMINATION OF FEE.—The fee estab21 lished under this subsection shall not apply after the 

22 expiration of fiscal year 2017. 

23 (c) ACCOUNT.— 

24 (1) ESTABLISHMENT.—There is established in 

25 the Treasury a separate account for the deposit of 


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1 fees under this section, which shall be known as the 

2 ‘‘National Trade Gateway Corridor Fund’’. 

3 (2) CONTENTS.—The account shall consist of 

4 amounts deposited into the account under sub5 sections (a) and (b). 

6 (3) USE.—Amounts in the account shall be 

7 available to the Secretary of Transportation, as pro8 vided in appropriations Acts enacted after the date 

9 of the enactment of this Act, for making expendi10 tures before October 1, 2018, to meet the obligations 

11 of the United States to carry out this Act. 

12 SEC. 4. APPORTIONMENT OF FUNDS. 

13 (a) ADMINISTRATIVE EXPENSES.—The Secretary of 

14 Transportation shall set aside 2 percent of the amount au15 thorized to be appropriated, from the National Trade 

16 Gateway Corridor Fund established by section 3(c), to 

17 carry out this Act for each fiscal year to pay the cost of 

18 collecting fees on imports and exports under section 3. 

19 (b) APPORTIONMENT.— 

20 (1) IN GENERAL.—After the set-aside under 

21 subsection (a), the Secretary shall apportion 

22 amounts remaining available of the amount author23 ized to be appropriated, from the National Trade 

24 Gateway Corridor Fund established by section 3, for 

25 a fiscal year to carry out this Act to State departVerDate Aug 31 2005 22:26 Jan 24, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5102.IH H5102

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1 ments of transportation in the form of grants for 

2 carrying out eligible projects in the transportation 

3 trade corridors for the Customs ports of entry with 

4 respect to which fees were collected under section 3 

5 in the preceding fiscal year in the ratio that— 

6 (A) the amount the fees collected for each 

7 Customs port of entry under section 3 during 

8 the preceding fiscal year; bears to 

9 (B) the aggregate amount of fees collected 

10 for all Customs ports of entry under section 3 

11 during the preceding fiscal year. 

12 (2) CORRIDOR TO MORE THAN ONE STATE.—If 

13 a transportation trade corridor is within the bound14 aries of more than one State, the Secretary shall ap15 portion the funds apportioned under paragraph (1) 

16 for carrying out eligible projects in such corridor 

17 among such States as follows: 

18 (A) 50 percent of the apportionment in the 

19 ratio that— 

20 (i) the total lane miles of Federal-aid 

21 highways in the transportation trade cor22 ridor in each of such States; bears to 

23 (ii) the total lane miles of Federal-aid 

24 highways in the transportation trade cor25 ridor in all of such States. 


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1 (B) 50 percent of the apportionments in 

2 the ratio that— 

3 (i) the total vehicle miles traveled on 

4 lanes on Federal-aid highways in the 

5 transportation trade corridor in each of 

6 such States; bears to 

7 (ii) the total vehicle miles traveled on 

8 lanes on Federal-aid highways in the 

9 transportation trade corridor in all of such 

10 States. 

11 (3) PERIOD OF AVAILABILITY.—Amounts 

12 granted to a State department of transportation for 

13 carrying out an eligible project in a transportation 

14 trade corridor from amounts apportioned under this 

15 subsection shall remain available for obligation for a 

16 period of 6 years after the last day of the fiscal year 

17 for which the funds are authorized to be appro18 priated. Any amounts so apportioned that remain 

19 unobligated at the end of that period shall be allo20 cated to other States for the purpose of funding eli21 gible projects located in transportation trade cor22 ridors at the discretion of the Secretary. 

23 SEC. 5. PROJECT SELECTION AND ELIGIBILITY. 

24 (a) SELECTION PROCESS GUIDELINES.—Not later 

25 than 180 days after the date of enactment of this Act, 


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1 the Secretary of Transportation shall issue project selec2 tion guidelines for a State department of transportation 

3 to follow in selecting eligible projects for which grants may 

4 be made under this Act. 

5 (b) MINIMUM REQUIREMENTS.—The selection guide6 lines issued by the Secretary under this section shall in7 clude a requirement that a State department of transpor8 tation— 

9 (1) consult with local governments, port au10 thorities, regional planning organizations, public and 

11 private freight shippers, and providers of freight 

12 transportation services during the project selection 

13 process; 

14 (2) adhere to applicable metropolitan and state15 wide planning processes, including sections 134 and 

16 135 of title 23, United States Code, in selecting 

17 projects for which grants may be made under this 

18 Act; 

19 (3) develop and implement a selection process 

20 that is in writing and available to the public; 

21 (4) develop and implement a process for rating 

22 proposed projects for which grants may be made 

23 under this Act in accordance with the purposes of 

24 this Act; and 


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1 (5) clearly identify the basis for rating projects 

2 under the ratings process the State department of 

3 transportation developed under paragraph (4). 

4 SEC. 6. GRANT PROGRAM. 

5 (a) IN GENERAL.—The Secretary of Transportation 

6 may make a grant under this Act to a State department 

7 of transportation having jurisdiction over an area located 

8 in a transportation trade corridor. 

9 (b) SECRETARIAL APPROVAL.—A grant may only be 

10 made under this Act for an eligible project. 

11 (c) CONSTRUCTION STANDARDS.—A project to be 

12 carried out with assistance under this Act that is for a 

13 highway that is on a Federal-aid system (as defined in 

14 section 101 of title 23, United States Code) shall be con15 structed to the same standards that would apply if such 

16 project was being carried out with assistance under chap17 ter 1 of title 23, United States Code. 

18 (d) FEDERAL SHARE.— 

19 (1) IN GENERAL.—The Federal share of the 

20 cost of an eligible project for which a grant is made 

21 under this Act shall be 80 percent. 

22 (2) NON-FEDERAL SHARE.—The non-Federal 

23 share of the cost of an eligible project for which a 

24 grant is made under this Act may not be provided 

25 from Federal funds made available under any other 


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1 law (including funds from the Highway Trust 

2 Fund). 

3 (e) PREVAILING RATE OF WAGE.—Section 113 of 

4 title 23, United States Code, shall apply to an eligible 

5 project being carried out with assistance provided under 

6 this section in the same manner and to the same extent 

7 as such would apply if such project was being carried out 

8 with assistance provided under chapter 1 of such title. 

9 SEC. 7. TRANSPORTATION TRADE CORRIDORS. 

10 (a) ESTABLISHMENT.—The Secretary of Transpor11 tation, in consultation with the Secretary of Commerce, 

12 shall establish— 

13 (1) a transportation trade corridor for each 

14 Customs port of entry, for which fees were collected 

15 under section 3 in the preceding fiscal year, in ac16 cordance with subsection (b); and 

17 (2) the boundaries of the transportation trade 

18 corridor for such port of entry. 

19 (b) CRITERIA FOR ESTABLISHMENT OF COR20 RIDORS.—A transportation trade corridor— 

21 (1) may include areas in more than one State 

22 if the States are contiguous; 

23 (2) may not extend more than 300 miles from 

24 the Customs port of entry for which it is established; 

25 and 


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1 (3) may only include areas that are used for 

2 motor vehicle and cargo movements related to inter3 national trade. 

4 (c) MULTIPLE PORTS OF ENTRY.—The Secretary of 

5 Transportation may establish under this section a single 

6 transportation trade corridor for multiple ports of entry 

7 located in close proximity to one another. 

8 (d) DEADLINE FOR ESTABLISHMENT OF PROPOSED

9 CORRIDORS.—Not later than 180 days after the date of 

10 enactment of this Act, the Secretary of Transportation 

11 shall publish in the Federal Register the boundaries of the 

12 transportation trade corridors the Secretary proposes to 

13 establish under this section. 

14 (e) COMMENT PERIOD.—The Secretary of Transpor15 tation shall provide a period of 45 days for comments to 

16 be made to the Secretary by the public, and for holding 

17 such hearings as the Secretary determines are appropriate 

18 to receive comments, concerning the boundaries of the 

19 transportation trade corridors proposed by the Secretary 

20 under subsection (c). 

21 (f) DEADLINE FOR ESTABLISHMENT OF FINAL COR22 RIDORS.—Not later than one year after date of enactment 

23 of this Act, the Secretary of Transportation shall publish 

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1 tation trade corridors the Secretary is establishing under 

2 this section. 

3 (g) PERIODIC REVIEWS AND MODIFICATIONS.—Dur4 ing 60-day period ending on September 30 before each fis5 cal year after the first fiscal year for which funds are au6 thorized to be appropriated to carry out this Act, the Sec7 retary of Transportation may conduct such reviews, hold 

8 such hearings, and take such other actions as may be nec9 essary to ensure that— 

10 (1) there is a transportation trade corridor for 

11 each Customs port of entry for which fees were col12 lected under section 3 in the preceding fiscal year; 

13 and 

14 (2) the boundaries of such corridor are appro15 priate to carry out the objectives of this Act. 

16 SEC. 8. REGULATIONS. 

17 Not later than one year after date of enactment of 

18 this Act, the Secretary of Transportation shall issue regu19 lations to carry out the objectives of this Act. 

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There is authorized to be appro22 priated from the National Trade Gateway Corridor Fund 

23 established by section 3 to carry out this Act for each of 

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1 ited in the Fund during the preceding fiscal year under 

2 section 3. 

3 (b) DATE AVAILABLE FOR OBLIGATION.—Authoriza4 tions from the separate account to carry out this Act shall 

5 be available for obligation on October 1 of the fiscal year 

6 for which they are authorized. 

7 (c) GRANTS AS CONTRACTUAL OBLIGATIONS.—A 

8 grant for a highway project under this Act that is ap9 proved by the Secretary is a contractual obligation of the 

10 Government to pay the Federal share of the cost of the 

11 project. 

12 SEC. 10. DEFINITIONS. 

13 In this Act, the following definitions apply: 

14 (1) ELIGIBLE PROJECT.—The term ‘‘eligible 

15 project’’ means— 

16 (A) a project or activity eligible for assist17 ance under chapter 1 of title 23, United States 

18 Code; and 

19 (B) a project for construction of or im20 provements to a publicly owned intermodal 

21 freight transfer facility, for providing access to 

22 such a facility, or for making operational im23 provements to such a facility (including capital 

24 investment for an intelligent transportation sys25 tem); except that a project located within the 


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1 boundaries of a port terminal shall only include 

2 the surface transportation infrastructure modi3 fications necessary to facilitate direct inter4 modal interchange, transfer, and access into 

5 and out of the port. 

6 (2) FEDERAL-AID HIGHWAY.—The term ‘‘Fed7 eral-aid highway’’ has the meaning such term has 

8 under section 101 of title 23, United States Code. 

9 (3) STATE.—The term ‘‘State’’ means any of 

10 the 50 States, the District of Columbia, and Puerto 

11 Rico. 

12 (4) STATE DEPARTMENT OF TRANSPOR13 TATION.—The term ‘‘State department of transpor14 tation’’ has the meaning such term has under sec15 tion 101 of title 23, United States Code. 

16 (5) UNITED STATES.—The term ‘‘United 

17 States’’ means the 50 States, the District of Colum18 bia, and Puerto Rico. 

Æ 


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