I 
110TH CONGRESS 
2D SESSION 
H. R. 7002 
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. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2008 
Ms. RICHARDSON introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Ways and Means and Foreign Affairs, for a period to be sub-
sequently 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 col-
lected from the fee to make grants for infrastructure 
projects at United States seaports and in surrounding 
areas to improve the movement of goods, enhance trans-
portation security, and mitigate environmental damage 
caused by the movement of goods. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 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’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The movement of goods is a form of inter-
state commerce. 
(2) Waterborne containerized shipments of im-
ported 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 con-
tainer 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. 
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(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 container-
ized 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 res-
piratory-related school absences every year. 
SEC. 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. 
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(2) CARGO CONTAINER.—The term ‘‘cargo con-
tainer’’ 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. Cus-
toms 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 im-
provement project’’ means a project eligible for as-
sistance 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 in-
frastructure project’’ means a project eligible for as-
sistance under section 70107 of title 46, United 
States Code. 
(7) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means any eligible goods movement im-
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provement 
project, 
eligible 
homeland 
security 
project, or eligible environmental project. 
(8) FORTY-FOOT EQUIVALENT UNIT.—The term 
‘‘forty-foot equivalent unit’’ means a shipping con-
tainer that measures approximately 39.5 feet by 7.8 
feet by 7.10 feet. 
(9) INTERSTATE COMMERCE.—The term ‘‘inter-
state 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 in-
cluding 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
IMPROVE-
MENT ACCOUNT.—The term ‘‘National Goods Move-
ment Improvement Account’’ means the separate ac-
count established by section 5. 
(11) NATIONAL
GOODS
MOVEMENT
IMPROVE-
MENT
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 
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Samoa, Guam, the Northern Mariana Islands, Puer-
to 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 Colum-
bia, American Samoa, Guam, the Northern Mariana 
Islands, Puerto Rico, the Virgin Islands, and any 
other territory or possession of the United States. 
SEC. 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 col-
lected on each cargo container that is imported into the 
United States or exported out of the United States in com-
merce at a covered seaport. 
(b) AMOUNT.—The amount of the fee to be collected 
on a cargo container under subsection (a) shall be— 
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(1) $25 for a twenty-foot equivalent unit; and 
(2) $50 for a forty-foot equivalent unit. 
(c) PAYMENT.—The beneficial cargo owner of mer-
chandise in a cargo container subject to the fee to be col-
lected under subsection (a) shall be responsible for pay-
ment 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 Pro-
tection, shall provide for collection of the fee under sub-
section (a). 
(e) CONTAINER FORM.—Not later than 90 days after 
the date of enactment of this Act, the Secretary, in co-
operation with the Commissioner of U.S. Customs and 
Border Protection, shall provide for modification of ship-
pers export declaration and entry summary forms to in-
clude 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 
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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 Sec-
retary 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 pur-
suant to subsection (a) shall not apply after September 
30, 2018. 
SEC. 5. ACCOUNT. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account to be known as the ‘‘National 
Goods Movement Improvement Account’’. 
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cal year among the States in the form of grants in 
the ratio that— 
(A) the amount of fees collected under sec-
tion 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 appor-
tioned 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 transpor-
tation 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— 
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(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 appro-
priated out of the National Goods Movement Im-
provement Account for a fiscal year shall be avail-
able to the Secretary for making discretionary 
grants for eligible projects under this subsection. 
(2) ELIGIBLE RECIPIENTS.—A State transpor-
tation 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 de-
partment, 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 
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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 Sec-
retary shall establish guidelines for the selection of 
projects for grant funding under subsections (c) and 
(d). 
(2) AVAILABILITY OF GUIDELINES.—The Sec-
retary shall make the guidelines established under 
this subsection available to State departments of 
transportation, owners and operators of covered sea-
ports, 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 
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receiving grant funding under this Act can dem-
onstrate— 
(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 move-
ment of goods. 
(4) 
PROJECTS
ACCOMPLISHING
MULTIPLE 
GOALS.—In establishing the guidelines under this 
subsection, the Secretary shall encourage the selec-
tion of projects that accomplish multiple goals de-
scribed in paragraph (3)(B). 
(5) 
PLANNING
REQUIREMENTS.—In 
estab-
lishing the guidelines under this subsection, the Sec-
retary shall ensure that eligible goods movement im-
provement projects are selected in accordance with 
applicable metropolitan and statewide planning proc-
esses, including sections 134 and 135 of title 23, 
United States Code. 
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(f) LOCATION OF PROJECTS.— 
(1) PROJECTS
CARRIED
OUT
USING
APPOR-
TIONED
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
DISCRE-
TIONARY 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 sub-
section (d) that is not physically located, in 
whole or in part, on the site of a covered sea-
port or within a 40-mile radius of such a site— 
(i) is part of a goods movement chain 
that originates at a covered seaport; 
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(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 cov-
ered 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 pre-
ceding fiscal year and the reasons for selection 
of the projects. 
SEC. 7. ADMINISTRATIVE PROVISIONS. 
(a) DATE AVAILABLE FOR OBLIGATION.—Authoriza-
tions 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 oper-
ator 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 au-
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