I 
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 fol-
lowing 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 cor-
ridors for which the fee is collected, and for other pur-
poses. 
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 ‘‘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, particu-
larly containerized trade, is placing pressure on the 
Nation’s transportation network and influences traf-
fic congestion in the areas surrounding the major 
United States-international gateways. 
(2) From 2000 to 2005, the value of inter-
national 
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 equiv-
alent 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-lat-
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eral 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 pur-
chase 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 cost-
ing 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 sys-
tem, 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 traf-
fic levels of service of our transportation system to 
a level that benefits the Nation’s economic produc-
tivity, 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— 
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(1) address major transportation investment 
needs in national trade gateway corridors; 
(2) reduce freight congestion along current and 
future trade corridors and provide congestion miti-
gation 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 Sec-
retary 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 per-
cent of the value of the article that is subject 
to the fee or $500, whichever is less. 
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(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 Transpor-
tation, in consultation with the Secretary of Home-
land 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 Trans-
portation, 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 per-
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cent 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 Transpor-
tation, in consultation with the Secretary of Home-
land 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 ex-
ported 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 sub-
sections (a) and (b). 
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(3) USE.—Amounts in the account shall be 
available to the Secretary of Transportation, as pro-
vided in appropriations Acts enacted after the date 
of the enactment of this Act, for making expendi-
tures 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 au-
thorized 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 author-
ized 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 depart-
ments 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— 
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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 appro-
priated. Any amounts so apportioned that remain 
unobligated at the end of that period shall be allo-
cated to other States for the purpose of funding eli-
gible projects located in transportation trade cor-
ridors 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 selec-
tion guidelines for a State department of transportation 
to follow in selecting eligible projects for which grants may 
be made under this Act. 
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(b) MINIMUM REQUIREMENTS.—The selection guide-
lines issued by the Secretary under this section shall in-
clude a requirement that a State department of transpor-
tation— 
(1) consult with local governments, port au-
thorities, 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 state-
wide 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). 
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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 con-
structed to the same standards that would apply if such 
project was being carried out with assistance under chap-
ter 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 
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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 Transpor-
tation, in consultation with the Secretary of Commerce, 
shall establish— 
(1) a transportation trade corridor for each cus-
toms port of entry, for which fees were collected 
under section 3 in the preceding fiscal year, in ac-
cordance with subsection (b); and 
(2) the boundaries of the transportation trade 
corridor for such port of entry. 
(b) CRITERIA
FOR
ESTABLISHMENT
OF
COR-
RIDORS.—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 inter-
national trade. 
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(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 Transpor-
tation 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 COR-
RIDORS.—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 transpor-
tation trade corridors the Secretary is establishing under 
this section. 
(g) PERIODIC REVIEWS AND MODIFICATIONS.—Dur-
ing the 60-day period ending on September 30 before each 
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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 col-
lected under section 3 in the preceding fiscal year; 
and 
(2) the boundaries of such corridor are appro-
priate 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 regu-
lations to carry out the objectives of this Act. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated 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.—Authoriza-
tions 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. 
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(c) GRANTS
AS CONTRACTUAL OBLIGATIONS.—A 
grant for a highway project under this Act that is ap-
proved 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 assist-
ance under chapter 1 of title 23, United States 
Code; and 
(B) a project for construction of or im-
provements to a publicly owned intermodal 
freight transfer facility, for providing access to 
such a facility, or for making operational im-
provements to such a facility (including capital 
investment for an intelligent transportation sys-
tem); except that a project located within the 
boundaries of a port terminal shall only include 
the surface transportation infrastructure modi-
fications necessary to facilitate direct inter-
modal interchange, transfer, and access into 
and out of the port. 
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