I 

112TH CONGRESS 

1ST SESSION H. R. 1122 

To provide for merit-based investment in the freight transportation system 

of the United States to ensure economic growth, increase vitality and 

competitiveness in national and global markets, address goods mobility 

and accessibility issues, reduce air pollution and other environmental 

impacts of freight transportation, better public health conditions, enhance 

energy security, and improve the condition and connectivity of the freight 

transportation system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2011 

Ms. RICHARDSON 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 Rules, 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 provide for merit-based investment in the freight transportation system of the United States to ensure economic 

growth, increase vitality and competitiveness in national 

and global markets, address goods mobility and accessibility issues, reduce air pollution and other environmental 

impacts of freight transportation, better public health 

conditions, enhance energy security, and improve the condition and connectivity of the freight transportation system, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Freight is the Future Of Commerce in the United States 

6 Act of 2011’’ or the ‘‘Freight FOCUS Act of 2011’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Office of Freight Planning and Development. 

Sec. 3. Freight Advisory Committee. 

Sec. 4. Freight corridors of national significance program. 

Sec. 5. Funding. 

Sec. 6. Definitions. 

8 SEC. 2. OFFICE OF FREIGHT PLANNING AND DEVELOP9 MENT. 

10 (a) ESTABLISHMENT.—Not later than 180 days after 

11 the date of enactment of this Act, the Secretary shall es12 tablish in the Office of the Secretary an Office of Freight 

13 Planning and Development (in this section referred to as 

14 the ‘‘Office’’). 

15 (b) ASSISTANT SECRETARY.—The Office shall be 

16 headed by an Assistant Secretary for Freight Planning 

17 and Development who shall be appointed by the Secretary. 

18 (c) DUTIES.—The Assistant Secretary shall— 

19 (1) advise the Secretary on freight issues; 

20 (2) carry out the freight corridors of national 

21 significance program under section 4; 


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1 (3) facilitate communication among public and 

2 private stakeholders with respect to freight issues; 

3 (4) provide recommendations to the Secretary 

4 on Federal, State, and local public and private fund5 ing sources for projects with respect to freight; and 

6 (5) develop the national freight plan under sub7 section (d). 

8 (d) NATIONAL FREIGHT PLAN.—Not later than 3 

9 years after the date of enactment of this Act, and every 

10 3 years thereafter, the Assistant Secretary shall submit 

11 to Congress and publish on the Web site of the Depart12 ment of Transportation a national freight plan, which 

13 shall include— 

14 (1) projections relating to freight for the 20- 

15 year period beginning on the date on which the plan 

16 is submitted to Congress and recommendations for 

17 supporting freight movement during that period; 

18 (2) a list of the freight corridors designated as 

19 freight corridors of national significance under sec20 tion 4(b); 

21 (3) the most recent freight corridor snapshot 

22 report published under section 4(e); 

23 (4) an analysis of emerging and long-term 

24 trends in— 


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1 (A) economic and trade policies related to 

2 freight movement; and 

3 (B) public health and environmental condi4 tions related to freight movement; and 

5 (5) an assessment of challenges related to 

6 freight movement and recommendations for address7 ing those challenges. 

8 SEC. 3. FREIGHT ADVISORY COMMITTEE. 

9 (a) ESTABLISHMENT.—Not later than one year after 

10 the date of enactment of this Act, the Secretary shall es11 tablish a Freight Advisory Committee (in this section re12 ferred to as the ‘‘Committee’’). 

13 (b) MEMBERSHIP.—The Committee shall be com14 posed of 20 individuals who represent public and private 

15 stakeholders with respect to freight, including representa16 tives of— 

17 (1) each mode of freight transportation; 

18 (2) ports; 

19 (3) shippers of freight; 

20 (4) metropolitan planning organizations (as 

21 that term is defined in section 134(b) of title 23, 

22 United States Code) serving areas in which a freight 

23 corridor is located; 

24 (5) State transportation agencies; 

25 (6) environmental protection organizations; 


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1 (7) public health advocates; 

2 (8) labor; 

3 (9) third-party logistics providers; and 

4 (10) others determined appropriate by the Sec5 retary. 

6 (c) CHAIRPERSON.—The Assistant Secretary for 

7 Freight Planning and Development (appointed under sec8 tion 2(b)) shall be the chairperson of the Committee. 

9 (d) MEETINGS.—The Committee shall meet at the 

10 call of the chairperson at least twice each year. 

11 (e) DUTIES.—The Committee shall— 

12 (1) advise the Assistant Secretary on issues, 

13 projects, and funding needs with respect to freight, 

14 including the determination of freight priorities; 

15 (2) advise the Assistant Secretary on the devel16 opment of measures to predict growth in freight 

17 movement and develop such measures when nec18 essary; 

19 (3) facilitate the sharing of information relating 

20 to freight between public and private entities; 

21 (4) assist the Assistant Secretary with the de22 velopment of the national freight plan under section 

23 2(d); and 


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1 (5) assist the Assistant Secretary with the de2 velopment of freight corridor snapshot reports under 

3 section 4(e). 

4 SEC. 4. FREIGHT CORRIDORS OF NATIONAL SIGNIFICANCE 

5 PROGRAM. 

6 (a) ESTABLISHMENT.—Not later than one year after 

7 the date of enactment of this Act, the Assistant Secretary 

8 for Freight Planning and Development (appointed under 

9 section 2(b)) shall establish a freight corridors of national 

10 significance program (in this section referred to as the 

11 ‘‘Program’’) in accordance with this section. 

12 (b) DESIGNATION OF FREIGHT CORRIDORS OF NA13 TIONAL SIGNIFICANCE.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, and every 3 years 

16 thereafter, the Assistant Secretary shall designate 

17 the multimodal freight corridors in the United 

18 States that the Assistant Secretary has determined, 

19 in accordance with this subsection, are freight cor20 ridors of national significance based on the impor21 tance of the corridors to freight movement. 

22 (2) PUBLICATION.—The Assistant Secretary 

23 shall publish on the Web site of the Department of 

24 Transportation a document that specifies the corVerDate Mar 15 2010 04:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1122.IH H1122

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1 ridors designated under paragraph (1) and con2 tains— 

3 (A) a map of the corridors; 

4 (B) a detailed description of the standards 

5 used to designate the corridors; 

6 (C) statistics supporting the designation of 

7 each corridor; and 

8 (D) a description of the role of each cor9 ridor in supporting the economy and freight 

10 transportation system of the United States. 

11 (3) RULEMAKING TO DETERMINE DESIGNATION

12 STANDARDS.— 

13 (A) IN GENERAL.—Before the first des14 ignation of freight corridors as freight corridors 

15 of national significance under paragraph (1), 

16 the Assistant Secretary, in consultation with 

17 the Freight Advisory Committee (established 

18 under section 3(a)), shall conduct a rulemaking 

19 proceeding to establish publicly available, objec20 tive, and quantifiable standards for designations 

21 under paragraph (1). 

22 (B) PUBLIC PARTICIPATION.—In con23 ducting the rulemaking proceeding under sub24 paragraph (A), the Assistant Secretary shall 


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1 provide notice and an opportunity for public 

2 comment. 

3 (C) CRITERIA.—The standards established 

4 under subparagraph (A) shall ensure that, in 

5 designating a freight corridor as a freight cor6 ridor of national significance, the following cri7 teria are accurately measured and considered 

8 (with the criteria listed in descending order of 

9 importance): 

10 (i) The volume of freight moved along 

11 the corridor. 

12 (ii) The value of freight moved along 

13 the corridor. 

14 (iii) The benefits that may be gen15 erated by transportation improvements 

16 carried out along the corridor, including 

17 the creation or sustaining of jobs, expan18 sion of business opportunities, or increas19 ing of the gross domestic product. 

20 (iv) The potential for growth in 

21 freight movement along the corridor. 

22 (v) The economic, environmental, and 

23 other costs associated with traffic conges24 tion and travel delay along the corridor. 


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1 (D) ABILITY TO AMEND.—The Assistant 

2 Secretary may amend the standards established 

3 under subparagraph (A) as the Assistant Sec4 retary determines necessary. 

5 (4) DATA COLLECTION.— 

6 (A) IN GENERAL.—The Assistant Sec7 retary, in consultation with the Freight Advi8 sory Committee, shall collect and review all 

9 data relating to freight necessary to designate 

10 freight corridors of national significance under 

11 paragraph (1) and shall consider, in consulta12 tion with the heads of relevant Federal depart13 ments and agencies, methods for improving the 

14 sources of the data to reduce deficiencies in the 

15 data and assist projections of transportation de16 mand. 

17 (B) COOPERATION OF FEDERAL DEPART18 MENTS AND AGENCIES.—In carrying out sub19 paragraph (A), the Assistant Secretary may re20 quest from any Federal department or agency 

21 the data determined necessary by the Assistant 

22 Secretary to designate freight corridors as 

23 freight corridors of national significance under 

24 paragraph (1). The head of a Federal depart25 ment or agency shall provide to the Assistant 


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1 Secretary data requested under this subpara2 graph. 

3 (C) PROJECTIONS.—The Assistant Sec4 retary, in consultation with the Freight Advi5 sory Committee and the Administrator of the 

6 Environmental Protection Agency, shall analyze 

7 short- and long-term trends in the movement of 

8 freight domestically and internationally to assist 

9 the designation of freight corridors of national 

10 significance under paragraph (1), including by 

11 analyzing economic and trade policies and pub12 lic health and environmental conditions related 

13 to freight movement. 

14 (c) FREIGHT CORRIDOR COALITIONS.— 

15 (1) IN GENERAL.—With respect to each freight 

16 corridor of national significance designated under 

17 subsection (b), the Assistant Secretary may des18 ignate one entity to serve as a freight corridor coali19 tion that represents the freight corridor for purposes 

20 of this section. 

21 (2) COALITION COMPOSITION.—To be eligible 

22 for designation as a freight corridor coalition under 

23 paragraph (1), an entity shall be composed of indi24 viduals representing each of the following: 


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1 (A) The State transportation agency of 

2 each State in which a portion of the corridor is 

3 located. 

4 (B) The metropolitan planning organiza5 tion (as that term is defined under section 

6 134(b) of title 23, United States Code) for each 

7 area in which a portion of the corridor is lo8 cated. 

9 (C) Modes of freight transportation that 

10 operate along the corridor. 

11 (D) Ports along the corridor. 

12 (E) Environmental protection organiza13 tions. 

14 (F) Public health advocates. 

15 (G) Labor. 

16 (H) Private stakeholders, including ship17 pers, carriers, and freight-related associations. 

18 (3) APPLICATION PROCESS.— 

19 (A) IN GENERAL.—The Assistant Sec20 retary shall establish a process for entities to 

21 apply for designation as a freight corridor coali22 tion under paragraph (1). 

23 (B) APPLICATION.—The application of an 

24 entity for designation as a freight corridor coaVerDate Mar 15 2010 04:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1122.IH H1122

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1 lition under paragraph (1) shall include at least 

2 the following: 

3 (i) A description of the composition of 

4 the entity and how that composition meets 

5 requirements under paragraph (2). 

6 (ii) A description of the proposed 

7 functions and authorities of the entity, in8 cluding with respect to the performance of 

9 analysis, consensus building, and planning. 

10 (iii) Information demonstrating that 

11 the entity has, or will develop, the legal, fi12 nancial, technical, and political capacity 

13 and support from relevant organizations 

14 necessary to carry out the functions of a 

15 freight corridor coalition under this sub16 section. 

17 (iv) A description of the proposed 

18 budget for the entity, including— 

19 (I) a staffing plan; 

20 (II) a spending plan; and 

21 (III) a plan for acquiring funding 

22 from sources other than grants under 

23 paragraph (4). 

24 (4) GRANTS FOR ADMINISTRATIVE EX25 PENSES.— 


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1 (A) IN GENERAL.—The Assistant Sec2 retary is authorized to make grants to a freight 

3 corridor coalition designated under paragraph 

4 (1) to assist the coalition with administrative 

5 expenses. 

6 (B) GRANT AMOUNTS.—The amount of 

7 each grant made under this paragraph shall be 

8 at least $150,000. 

9 (5) FREIGHT CORRIDOR PLAN.— 

10 (A) IN GENERAL.—Not later than one year 

11 after the date on which an entity is designated 

12 as a freight corridor coalition under paragraph 

13 (1), and annually thereafter, the freight cor14 ridor coalition shall submit to the Assistant 

15 Secretary a freight corridor plan that in16 cludes— 

17 (i) a prioritized list of projects that 

18 are eligible for grant assistance under sub19 section (d) and that the coalition has de20 termined will improve the freight move21 ment performance of the freight corridor of 

22 national significance represented by the co23 alition; 

24 (ii) an estimate of the cost of each 

25 project specified in the list under clause (i) 


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1 and the aggregate cost of all listed 

2 projects; 

3 (iii) a specification of a State sponsor 

4 willing to carry out each project specified 

5 in the list under clause (i) and the support 

6 that each member of the coalition shall 

7 provide the State sponsor with respect to 

8 the project; 

9 (iv) a funding plan, including a speci10 fication of funding sources, for each 

11 project specified in the list under clause 

12 (i); 

13 (v) a description of how projects spec14 ified in the list under clause (i) support 

15 connectivity at State borders; 

16 (vi) a detailed description of the cor17 ridor, including a description of— 

18 (I) the modes of transportation 

19 that operate along the corridor; 

20 (II) the transportation facilities 

21 along the corridor; 

22 (III) the interaction of passenger 

23 and freight movement along the cor24 ridor; 


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1 (IV) the performance of the cor2 ridor and projections of future cor3 ridor performance, including with re4 spect to the speed and reliability of 

5 travel along the corridor; 

6 (V) any environmental or public 

7 health issues related to freight move8 ment along the corridor; and 

9 (VI) any economic costs related 

10 to congestion and travel delay along 

11 the corridor; and 

12 (vii) any additional information the 

13 Assistant Secretary determines appro14 priate. 

15 (B) PROJECT PRIORITIZATION.—In deter16 mining the priority of a project specified in a 

17 freight corridor plan under subparagraph (A), a 

18 freight corridor coalition shall consider the fol19 lowing: 

20 (i) The schedule for completing the 

21 project and the appropriate sequencing of 

22 projects. 

23 (ii) Whether the project will improve a 

24 component of a freight corridor determined 


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1 to be performing poorly in a freight cor2 ridor snapshot report under subsection (e). 

3 (iii) The improvement in freight move4 ment that will result from the project and 

5 the impact of failing to carry out the 

6 project. 

7 (iv) Whether the project will address a 

8 bridge in need of repair. 

9 (v) The amount of non-Federal fund10 ing available for the project, including 

11 funding from public-private partnerships. 

12 (vi) The benefits of the project unre13 lated to freight movement and whether 

14 there is funding available from nonfreight 

15 sources commensurate with those benefits. 

16 (vii) Whether innovative technologies 

17 are incorporated into the project. 

18 (viii) The extent to which the project 

19 will reduce air, water, or noise pollution, 

20 including through improved energy con21 servation or efficiency. 

22 (ix) The congestion reduction benefits 

23 of the project. 


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1 (x) The improvement in the condition 

2 of freight movement infrastructure that 

3 will result from the project. 

4 (xi) The public health and safety ben5 efits of the project, including with respect 

6 to accident and injury reduction with a 

7 goal of reducing by 10 percent the number 

8 of fatalities related to freight transpor9 tation by the year 2015. 

10 (xii) Whether the project involves the 

11 replacement or repair of an existing sur12 face transportation facility— 

13 (I) the replacement or repair of 

14 which will result in economic and mo15 bility benefits for the United States; 

16 and 

17 (II) that, if not replaced or re18 paired, will likely deteriorate substan19 tially and negatively impact the econ20 omy and transportation system of the 

21 United States. 

22 (xiii) Whether the project will not be 

23 completed without Federal support. 


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1 (xiv) The regional and national eco2 nomic development benefits of the project, 

3 including with respect to trade facilitation. 

4 (xv) Whether the project will be car5 ried out on a publicly owned site. 

6 (xvi) Whether the project most effi7 ciently utilizes public funding. 

8 (d) GRANTS.— 

9 (1) IN GENERAL.—In carrying out the Pro10 gram, the Assistant Secretary is authorized to make 

11 a grant to any State to assist any project— 

12 (A) specified in paragraph (2); and 

13 (B) for the improvement of freight move14 ment. 

15 (2) ELIGIBLE PROJECTS.—The projects eligible 

16 for grant assistance under paragraph (1) are the fol17 lowing: 

18 (A) A project for the development or im19 provement of a port. 

20 (B) A project for the development or im21 provement of a multimodal terminal facility. 

22 (C) A project for the development or im23 provement of a land port of entry. 

24 (D) A project to improve freight rail per25 formance, including through capacity expansion. 


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1 (E) A project for the development or im2 provement of a road or bridge, including a road 

3 or bridge that— 

4 (i) is essential to supporting local, 

5 interregional, interstate, or international 

6 freight movement; 

7 (ii) improves access to freight facili8 ties, including ports, terminals, and dis9 tribution centers; 

10 (iii) improves freight transportation to 

11 or from an international gateway, includ12 ing ports, airports, and border crossings; 

13 or 

14 (iv) improves access for, and the 

15 emergency capabilities of, military per16 sonnel and equipment. 

17 (F) A project for the development or im18 provement of an intelligent transportation sys19 tem for freight that reduces congestion and im20 proves safety. 

21 (G) A project for the development or im22 provement of a facility that provides long-term 

23 truck parking. 


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1 (H) A project for the development of 

2 freight movement capacity where that capacity 

3 is needed. 

4 (I) A project for the development of a 

5 roadway-rail grade separation. 

6 (J) A dredging project or a project to de7 velop or improve a lock or dam, if the project 

8 is being carried out in coordination with the 

9 Corps of Engineers. 

10 (K) A project to benefit the environment, 

11 including through the reduction of emissions de12 termined by the Assistant Secretary, in con13 sultation with the Administrator of the Envi14 ronmental Protection Agency, to be harmful to 

15 the environment. 

16 (L) A project to improve safety or security 

17 with respect to freight movement. 

18 (M) A project that will improve public 

19 health. 

20 (N) Any other project the Assistant Sec21 retary determines appropriate. 

22 (O) Planning, preparation, or design activi23 ties with respect to any project described in this 

24 paragraph. 

25 (3) APPLICATION PROCESS.— 


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1 (A) IN GENERAL.—The Assistant Sec2 retary shall establish a process for States to 

3 submit an application for a grant under para4 graph (1). 

5 (B) RESPONSES.—Without regard to 

6 whether a grant is made under paragraph (1) 

7 with respect to an application, the Assistant 

8 Secretary shall provide a written response to 

9 each application submitted under subparagraph 

10 (A) and the response shall include a written de11 termination by the Assistant Secretary that the 

12 project for which the application was submitted 

13 is— 

14 (i) highly recommended to be carried 

15 out; 

16 (ii) recommended to be carried out; or 

17 (iii) not recommended to be carried 

18 out. 

19 (4) PRIORITIES AND CONSIDERATION.—In mak20 ing grants under paragraph (1), the Assistant Sec21 retary shall— 

22 (A) give priority to projects listed in a 

23 freight corridor plan submitted under sub24 section (c)(5)(A) and according to the 

25 prioritization of projects in that plan; and 


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1 (B) give consideration to the criteria speci2 fied in subsection (c)(5)(B). 

3 (5) FEDERAL SHARE.—The Federal share of 

4 the cost of a project assisted with a grant under 

5 paragraph (1) shall not exceed 80 percent. 

6 (6) PROJECTS THAT BENEFIT THE ENVIRON7 MENT.—The Assistant Secretary shall use not less 

8 than 7 percent of the amounts made available for 

9 grants under paragraph (1) each fiscal year for 

10 grants to assist projects with the primary purpose of 

11 benefitting the environment, including projects that 

12 reduce emissions determined by the Assistant Sec13 retary, in consultation with the Administrator of the 

14 Environmental Protection Agency, to be harmful to 

15 the environment. 

16 (7) PROJECTS THAT BENEFIT FREIGHT SECU17 RITY.—The Assistant Secretary shall use not less 

18 than 1 percent of the amounts made available for 

19 grants under paragraph (1) each fiscal year for 

20 grants to assist projects with the primary purpose of 

21 improving freight security, including cargo inspec22 tion projects and education and training projects re23 lated to security. 

24 (8) PROJECT COSTS.—In carrying out this sub25 section, the Assistant Secretary shall establish 


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1 standards for estimating project costs and shall 

2 evaluate the cost estimation, contracting, and cost 

3 reduction practices of States that receive grants 

4 under paragraph (1). 

5 (9) PROJECT MANAGEMENT AND FINANCIAL

6 PLANS.— 

7 (A) MAJOR PROJECTS.—A recipient of a 

8 grant under paragraph (1) for a project with an 

9 estimated total cost of at least $500,000,000, 

10 or for any other project the Assistant Secretary 

11 determines appropriate, shall submit to the As12 sistant Secretary, with respect to the project— 

13 (i) a project management plan; and 

14 (ii) an annual financial plan. 

15 (B) OTHER PROJECTS.—A recipient of a 

16 grant under paragraph (1) for a project with an 

17 estimated total cost of at least $100,000,000, 

18 but less than $500,000,000, shall prepare an 

19 annual financial plan with respect to the project 

20 and shall make that plan available for review at 

21 the request of the Assistant Secretary. 

22 (C) PROJECT MANAGEMENT PLAN.—For 

23 purposes of this paragraph, a project manage24 ment plan shall document, with respect to a 

25 project— 


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1 (i) the procedures in effect to provide 

2 timely information to project decision3 makers to allow the decisionmakers to ef4 fectively manage the scope, costs, sched5 ules, quality, and Federal requirements 

6 with respect to the project; and 

7 (ii) the role of non-Federal interests 

8 in the delivery of the project. 

9 (D) FINANCIAL PLAN.—For purposes of 

10 this paragraph, a financial plan shall, with re11 spect to a project, provide detailed estimates of 

12 the costs of completing the project, including 

13 potential increases to those costs. 

14 (10) MAINTENANCE OF EFFORT.— 

15 (A) IN GENERAL.—As a condition of re16 ceiving a grant under paragraph (1), the Gov17 ernor of the State receiving the grant shall sub18 mit to the Assistant Secretary a certification 

19 that the State will maintain its effort with re20 spect to the funding of freight projects. 

21 (B) STATEMENT OF INTENDED FUND22 ING.—As part of the certification under sub23 paragraph (A), the Governor shall submit a 

24 statement to the Assistant Secretary identifying 

25 the amount that the State plans to expend from 


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1 non-Federal sources for freight projects during 

2 the 6-year period beginning on the date of the 

3 submission of the certification. 

4 (C) FAILURE TO MEET INTENDED FUND5 ING.—If the Assistant Secretary determines 

6 that a State failed to expend the amount for 

7 freight projects identified in the statement 

8 under subparagraph (B), the Assistant Sec9 retary may prohibit the State from receiving a 

10 grant under paragraph (1) during a period— 

11 (i) not to exceed 3 years; and 

12 (ii) beginning on the date on which 

13 that determination is made. 

14 (11) PREVAILING RATE OF WAGE.— 

15 (A) IN GENERAL.—The Secretary shall 

16 take such action as may be necessary to ensure 

17 that all laborers and mechanics employed by 

18 contractors or subcontractors on construction 

19 work performed on projects assisted with a 

20 grant under paragraph (1) shall be paid wages 

21 at rates not less than those prevailing on the 

22 same type of work on similar construction in 

23 the immediate locality as determined by the 

24 Secretary of Labor in accordance with sections 


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1 3141, 3146, and 3147 of title 40, United States 

2 Code. 

3 (B) CONSULTATION.—In carrying out the 

4 duties of subparagraph (A), the Secretary of 

5 Labor shall consult with the relevant agency of 

6 the State in which a project assisted with a 

7 grant under paragraph (1) is to be performed. 

8 After giving due regard to the information thus 

9 obtained, the Secretary of Labor shall make a 

10 predetermination of the minimum wages to be 

11 paid laborers and mechanics in accordance with 

12 the provisions of subparagraph (A) which shall 

13 be set out in each project advertisement for 

14 bids and in each bid proposal form and shall be 

15 made a part of the contract covering the 

16 project. 

17 (C) EXCEPTIONS.—The provisions of this 

18 paragraph shall not be applicable to employ19 ment pursuant to apprenticeship and skill train20 ing programs which have been certified by the 

21 Secretary as promoting equal employment op22 portunity in connection with a construction pro23 gram. 

24 (12) FUNDING BY MODE.— 


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1 (A) DETERMINATION.—In making grants 

2 under paragraph (1) each fiscal year, the As3 sistant Secretary shall determine if any portion 

4 of the amounts made available for the grants 

5 was generated for deposit in the Goods Move6 ment Trust Fund (established under section 

7 5(a)) by a single mode of transportation. 

8 (B) PORTIONS GENERATED BY A SINGLE

9 MODE OF TRANSPORTATION.—If the Assistant 

10 Secretary determines under subparagraph (A) 

11 that any portion of the amounts made available 

12 for a fiscal year for grants under paragraph (1) 

13 was generated by a single mode of transpor14 tation, the Assistant Secretary shall ensure that 

15 at least 92.5 percent of that portion is used for 

16 grants to assist projects that benefit that mode. 

17 (C) PORTION NOT GENERATED BY A SIN18 GLE MODE OF TRANSPORTATION.—If the As19 sistant Secretary determines under subpara20 graph (A) that any portion of the amounts 

21 made available for a fiscal year for grants 

22 under paragraph (1) was generated by a single 

23 mode of transportation, the Assistant Secretary 

24 shall ensure that 50 percent of the portion of 

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1 gle mode of transportation is used solely for 

2 grants to assist projects that benefit the modes 

3 of transportation to which subparagraph (B) 

4 applied that fiscal year according to the 

5 amounts generated by each of those modes. 

6 (e) FREIGHT CORRIDOR SNAPSHOT REPORT.—Not 

7 later than 3 years after the date of enactment of this Act, 

8 and annually thereafter, the Assistant Secretary shall pub9 lish on the Web site of the Department of Transportation 

10 a detailed analysis of the performance of each freight cor11 ridor designated as a freight corridor of national signifi12 cance under subsection (b) and any other freight corridor 

13 determined appropriate for inclusion by the Assistant Sec14 retary, including an analysis of congestion, safety, envi15 ronmental, public health, infrastructure condition, and ac16 cessibility issues with respect to the freight corridor. 

17 SEC. 5. FUNDING. 

18 (a) GOODS MOVEMENT TRUST FUND.— 

19 (1) ESTABLISHMENT.— 

20 (A) IN GENERAL.—Subchapter A of chap21 ter 98 of the Internal Revenue Code of 1986 is 

22 amended by adding at the end the following: 

23 ‘‘SEC. 9512. GOODS MOVEMENT TRUST FUND. 

24 ‘‘(a) CREATION OF TRUST FUND.—There is estab25 lished in the Treasury of the United States a trust fund 


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1 to be known as the ‘Goods Movement Trust Fund’, con2 sisting of such amounts as may be appropriated or cred3 ited to such Trust Fund as provided in this section or sec4 tion 9602(b). 

5 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here6 by appropriated to the Goods Movement Trust Fund 

7 amounts equivalent to so much of the taxes received in 

8 the Treasury under section 4081 as are determined at the 

9 rate specified in section 4081(a)(5). 

10 ‘‘(c) APPROPRIATION OF ADDITIONAL SUMS.—In ad11 dition to amounts appropriated under subsection (b), there 

12 is hereby authorized to be appropriated to the Goods 

13 Movement Trust Fund to make the expenditures referred 

14 to in subsection (d) $3,000,000,000 for each of fiscal 

15 years 2011 through 2016. 

16 ‘‘(d) EXPENDITURES.— 

17 ‘‘(1) IN GENERAL.—Amounts in the Goods 

18 Movement Trust Fund shall be available, as pro19 vided in appropriations Acts, only for purposes of 

20 making expenditures to carry out the Freight 

21 FOCUS Act of 2011. 

22 ‘‘(2) TRANSFERS FROM TRUST FUND FOR CER23 TAIN REPAYMENTS AND CREDITS.—The Secretary 

24 shall pay from time to time from the Goods Move25 ment Trust Fund into the general fund of the 


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1 Treasury amounts equivalent to amounts paid under 

2 section 6433 or credits allowed under section 

3 34(a)(4).’’. 

4 (B) CONFORMING AMENDMENT.—Para5 graph (1) of section 9503(b) of such Code is 

6 amended by adding at the end the following: 

7 ‘‘There shall not be taken into account under 

8 subparagraph (D) so much of the taxes imposed 

9 by section 4081 as are determined at the rate 

10 specified in section 4081(a)(5).’’. 

11 (C) CLERICAL AMENDMENT.—The table of 

12 sections for subchapter A of chapter 98 of such 

13 Code is amended by adding at the end the fol14 lowing: 

‘‘Sec. 9512. Goods Movement Trust Fund.’’. 

15 (2) INCREASE IN DIESEL TAX FOR TRANSPOR16 TATION OF GOODS BY HIGHWAY.— 

17 (A) IN GENERAL.—Subsection (a) of sec18 tion 4081 of the Internal Revenue Code of 1986 

19 is amended by adding at the end the following: 

20 ‘‘(5) DIESEL FUEL USED FOR TRANSPORTATION

21 OF GOODS BY HIGHWAY.— 

22 ‘‘(A) IN GENERAL.—In the case of diesel 

23 fuel, the rate in effect under paragraph 

24 (2)(A)(iii) shall be increased by 12 cents. 

25 ‘‘(B) INFLATION ADJUSTMENT.— 


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1 ‘‘(i) IN GENERAL.—In the case of any 

2 diesel fuel removed, entered, or sold during 

3 any calendar year beginning after 2011, 

4 the 12 cent amount under subparagraph 

5 (A) shall be increased by an amount equal 

6 to— 

7 ‘‘(I) such amount, multiplied by 

8 ‘‘(II) the costs of living adjust9 ment determined under section 1(f)(3) 

10 for the calendar year, determined by 

11 substituting ‘calendar year 2010’ for 

12 ‘calendar year 1992’ in subparagraph 

13 (B) thereof. 

14 ‘‘(ii) ROUNDING.—Any increase under 

15 clause (i) shall be rounded to the nearest 

16 multiple of one-tenth of 1 cent.’’. 

17 (B) EFFECTIVE DATE.—The amendment 

18 made by this paragraph shall apply to fuel re19 moved, entered, or sold after September 30, 

20 2011. 

21 (3) DIESEL FUEL NOT USED FOR MOVEMENT

22 OF GOODS BY HIGHWAY.— 

23 (A) IN GENERAL.—Subchapter B of chap24 ter 65 of the Internal Revenue Code of 1986 is 

25 amended by adding at the end the following: 


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1 ‘‘SEC. 6433. DIESEL FUEL NOT USED FOR MOVEMENT OF 

2 GOODS BY HIGHWAY. 

3 ‘‘(a) IN GENERAL.—In the case of diesel fuel on the 

4 sale of which tax was imposed by section 4081 and which 

5 is used for any purpose other than in the trade or business 

6 of moving goods by highway, the Secretary shall pay (with7 out interest) to the ultimate purchaser of such fuel an 

8 amount equal to the product of the number of gallons of 

9 such fuel so used multiplied by the rate specified in section 

10 4081(a)(5). 

11 ‘‘(b) FILING OF CLAIMS.—Claims filed under sub12 section (a) shall be filed at such time and in such form 

13 and manner as the Secretary of the Treasury shall by reg14 ulation prescribe. 

15 ‘‘(c) APPLICABLE LAWS.— 

16 ‘‘(1) IN GENERAL.—All provisions of law, in17 cluding penalties, applicable in respect of the taxes 

18 imposed by section 4081 shall, insofar as applicable 

19 and not inconsistent with this section, apply in re20 spect of the payments provided for in this section to 

21 the same extent as if such payments constituted re22 funds of overpayments of the tax so imposed. 

23 ‘‘(2) EXAMINATION OF BOOKS AND WIT24 NESSES.—For the purpose of ascertaining the cor25 rectness of any claim made under this section, or the 

26 correctness of any payment made in respect of any 


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1 such claim, the Secretary shall have the authority 

2 granted by paragraphs (1), (2), and (3) of section 

3 7602(a) (relating to examination of books and wit4 nesses) as if the claimant were the person liable for 

5 tax. 

6 ‘‘(d) INCOME TAX CREDIT IN LIEU OF PAYMENT.— 

7 ‘‘(1) PERSONS NOT SUBJECT TO INCOME

8 TAX.—Payment shall be made under this section 

9 only to— 

10 ‘‘(A) the United States or an agency or in11 strumentality thereof, a State, a political sub12 division of a State, or any agency or instrumen13 tality of one or more States or political subdivi14 sions, or 

15 ‘‘(B) an organization exempt from tax 

16 under section 501(a) (other than an organiza17 tion required to make a return of the tax im18 posed under subtitle A for its taxable year). 

19 ‘‘(2) ALLOWANCE OF CREDIT AGAINST INCOME

20 TAX.—For allowance of credit against the income 

21 tax imposed by subtitle A for diesel fuel used for any 

22 purpose other than in the trade or business of mov23 ing goods by highway, see section 34.’’. 

24 (B) ALLOWANCE OF CREDIT AGAINST IN25 COME TAX.— 


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1 (i) IN GENERAL.—Subsection (a) of 

2 section 34 of the Internal Revenue Code of 

3 1986 is amended by striking ‘‘and’’ at the 

4 end of paragraph (2), by striking the pe5 riod at the end of paragraph (3) and in6 serting ‘‘, and’’, and by adding at the end 

7 the following: 

8 ‘‘(4) under section 6433 (determined without 

9 regard to section 6433(d)).’’. 

10 (ii) CONFORMING AMENDMENT.—Sub11 section (b) of section 34 of such Code is 

12 amended— 

13 (I) by striking ‘‘6421 or 6427’’ 

14 and inserting ‘‘6421, 6427, or 6433’’, 

15 and 

16 (II) by striking ‘‘6421(i) or 

17 6427(k)’’ and inserting ‘‘6421(i), 

18 6427, or 6433’’. 

19 (C) CLERICAL AMENDMENT.—The table of 

20 sections for subchapter B of chapter 65 of such 

21 Code is amended by adding at the end the fol22 lowing: 

‘‘Sec. 6433. Diesel fuel not used for movement of goods by highway.’’. 

23 (D) EFFECTIVE DATE.—The amendments 

24 made by this paragraph shall apply to fuel sold 

25 after September 30, 2011. 


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1 (b) AUTHORIZATIONS OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—There is authorized to be 

3 appropriated from the Goods Movement Trust Fund 

4 (established under subsection (a)) to carry out this 

5 Act for a fiscal year the level of receipts plus inter6 est (as that term is defined in subsection (d)) with 

7 respect to the Goods Movement Trust Fund for that 

8 fiscal year. 

9 (2) ALLOCATION OF AMOUNTS.—Of the 

10 amounts made available to carry out this Act for a 

11 fiscal year— 

12 (A) $5,000,000 shall be available to carry 

13 out section 2 for that fiscal year; 

14 (B) $3,000,000 shall be available to carry 

15 out section 3 for the first full fiscal year begin16 ning after the date of enactment of this Act 

17 and $1,000,000 for each fiscal year thereafter; 

18 (C) $5,000,000 shall be available to carry 

19 out section 4, except for the making of grants 

20 under subsections (c)(4) and (d) of that section, 

21 for that fiscal year; 

22 (D) $2,000,000 shall be available to make 

23 grants under section 4(c)(4) for that fiscal year; 

24 and 


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1 (E) the remainder shall be available to 

2 make grants under section 4(d) for that fiscal 

3 year. 

4 (c) CONTRACT AUTHORITY.— 

5 (1) DATE AVAILABLE FOR OBLIGATION.—Au6 thorizations from the Goods Movement Trust Fund 

7 to carry out this Act shall be available for obligation 

8 on October 1 of the fiscal year for which they are 

9 authorized. 

10 (2) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

11 A grant made under subsection (c)(4) or (d) of sec12 tion 4 that is approved by the Assistant Secretary 

13 is a contractual obligation of the Government to pay 

14 the Federal share of the cost of the project. 

15 (d) GOODS MOVEMENT TRUST FUND GUARANTEE.— 

16 (1) IN GENERAL.—The total budget resources 

17 made available from the Goods Movement Trust 

18 Fund each fiscal year to carry out this Act shall be 

19 equal to the level of receipts plus interest with re20 spect to the Goods Movement Trust Fund for that 

21 fiscal year. Such amounts may be used only to carry 

22 out this Act. 

23 (2) GUARANTEE.—No funds may be appro24 priated to carry out this Act unless the amount de25 scribed in paragraph (1) has been provided. 


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1 (3) ENFORCEMENT OF GUARANTEES.—It shall 

2 not be in order in the House of Representatives or 

3 the Senate to consider any bill, joint resolution, 

4 amendment, motion, or conference report that would 

5 cause total budget resources in a fiscal year to carry 

6 out this Act for such fiscal year to be less than the 

7 amount required by paragraph (1) for such fiscal 

8 year. 

9 (4) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 (A) TOTAL BUDGET RESOURCES.—The 

12 term ‘‘total budget resources’’ means the total 

13 amount made available by appropriations Acts 

14 from the Goods Movement Trust Fund for a 

15 fiscal year to carry out this Act. 

16 (B) LEVEL OF RECEIPTS PLUS INTER17 EST.—The term ‘‘level of receipts plus interest’’ 

18 means the level of funding appropriated or 

19 credited to the Goods Movement Trust Fund 

20 under section 9512 of the Internal Revenue 

21 Code of 1986 for a fiscal year as estimated in 

22 the budget of the United States Government for 

23 that fiscal year submitted by the President pur24 suant to section 1105 of title 31, United States 

25 Code. The President shall ensure that an estiVerDate Mar 15 2010 04:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1122.IH H1122

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1 mate of such funding is included in each such 

2 budget. 

3 SEC. 6. DEFINITIONS. 

4 In this Act, the following definitions apply: 

5 (1) FREIGHT.—The term ‘‘freight’’ means 

6 goods transported for a fee by a water, land, or air 

7 transportation mode. 

8 (2) FREIGHT CORRIDOR.—The term ‘‘freight 

9 corridor’’ means a designated route along which 

10 freight is moved, including water, land, and air 

11 routes. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Transportation. 

Æ 


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