II 

112TH CONGRESS 

1ST SESSION S. 371 

To improve the efficiency, operation, and security of the national transportation system to move freight by leveraging investments and promoting 

partnerships that advance interstate and foreign commerce, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2011 

Mr. LAUTENBERG (for himself, Mrs. MURRAY, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science and Transportation 

A BILL 

To improve the efficiency, operation, and security of the 

national transportation system to move freight by 

leveraging investments and promoting partnerships that 

advance interstate and foreign commerce, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Focusing Resources, Economic Investment, and Guid6 ance to Help Transportation Act of 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FREIGHT TRANSPORTATION POLICY AND STRATEGIC 

DEVELOPMENT. 

Sec. 101. Federal Government role in freight transportation. 

Sec. 102. Office of Freight Planning and Development. 

Sec. 103. Transportation investment planning tools. 

TITLE II—FREIGHT TRANSPORTATION INVESTMENT. 

Sec. 201. National freight infrastructure investment grants. 

Sec. 202. Port infrastructure development initiative. 

3 TITLE I—FREIGHT TRANSPOR4 TATION POLICY AND STRA5 TEGIC DEVELOPMENT 

6 SEC. 101. FEDERAL GOVERNMENT ROLE IN FREIGHT 

7 TRANSPORTATION. 

8 (a) IN GENERAL.—Subchapter I of chapter 3 of title 

9 49, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 310. National freight transportation policy 

12 ‘‘(a) NATIONAL FREIGHT TRANSPORTATION POL13 ICY.—It is the policy of the United States to improve the 

14 efficiency, operation, and security of the national trans15 portation system to move freight by leveraging invest16 ments and promoting partnerships that advance interstate 

17 and foreign commerce, promote economic competitiveness 

18 and job creation, improve the safe and efficient mobility 

19 of goods, and protect the public health and the environ20 ment. 


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1 ‘‘(b) OBJECTIVES.—The objectives of the policy 

2 are— 

3 ‘‘(1) to target investment in freight transpor4 tation projects that strengthen the economic com5 petitiveness of the United States with a focus on do6 mestic industries and businesses and the creation of 

7 high-value jobs; 

8 ‘‘(2) to promote and advance energy conserva9 tion and the environmental sustainability of freight 

10 movements; 

11 ‘‘(3) to facilitate and advance the safety and 

12 health of the public, including communities adjacent 

13 to freight movements; 

14 ‘‘(4) to provide for systematic and balanced in15 vestment to improve the overall performance and re16 liability of the national transportation system to 

17 move freight, including ensuring trade facilitation 

18 and transportation system improvements are mutu19 ally supportive; 

20 ‘‘(5) to promote partnerships between Federal, 

21 State, and local governments, the private sector, and 

22 other transportation stakeholders to leverage invest23 ments in freight transportation projects; and 

24 ‘‘(6) to encourage adoption of operational poli25 cies, such as intelligent transportation systems, to 


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1 improve the efficiency of freight-related transpor2 tation movements and infrastructure. 

3 ‘‘(c) GOALS.— 

4 ‘‘(1) IN GENERAL.—The goals of the policy 

5 are— 

6 ‘‘(A) to reduce transportation infrastruc7 ture-related delays of goods and commodities 

8 entering into and out of international points of 

9 entry on an annual basis; 

10 ‘‘(B) to increase travel time reliability on 

11 major freight corridors that connect major pop12 ulation centers to freight generators and inter13 national gateways on an annual basis; 

14 ‘‘(C) to reduce by 10 percent the number 

15 of freight transportation-related fatalities by 

16 2015; 

17 ‘‘(D) to reduce national freight transpor18 tation-related carbon dioxide levels by 40 per19 cent by 2030; and 

20 ‘‘(E) to reduce freight transportation-re21 lated air, water, and noise pollution and im22 pacts on ecosystems and communities on an an23 nual basis. 

24 ‘‘(2) BASELINES.—Not later than 2 years after 

25 the date of enactment of the Focusing Resources, 


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1 Economic Investment, and Guidance to Help Trans2 portation Act of 2011, the Secretary shall develop 

3 baselines for the goals and shall determine appro4 priate methods of data collection to measure the at5 tainment of the goals, utilizing the tools and data 

6 developed under section 103 of that Act. 

7 ‘‘(3) AUTHORITY.—Notwithstanding any other 

8 provision of law in effect as of the date of enactment 

9 of the Focusing Resources, Economic Investment, 

10 and Guidance to Help Transportation Act of 2011, 

11 the Secretary may, through a process of public no12 tice and comment and with reasonable prior notice 

13 to the Senate Committee on Commerce, Science, and 

14 Transportation and the House of Representatives 

15 Committee on Transportation and Infrastructure 

16 preceding any significant change, consistent with the 

17 public interest, amend the goals under this sub18 section or develop additional goals to effectively meet 

19 the policy and objectives set forth in this section.’’. 

20 (b) CONFORMING AMENDMENTS.—The table of con21 tents for chapter 3 of title 49, United States Code, is 

22 amended by inserting after the item relating to section 

23 309 the following: 

‘‘310. National freight transportation policy’’. 


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1 SEC. 102. OFFICE OF FREIGHT PLANNING AND DEVELOP2 MENT. 

3 (a) IN GENERAL.—Section 102 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating subsection (h) as sub6 section (i); and 

7 (2) by inserting after subsection (g) the fol8 lowing: 

9 ‘‘(h) OFFICE OF FREIGHT PLANNING AND DEVELOP10 MENT.— 

11 ‘‘(1) ESTABLISHMENT.—There is established 

12 within the Office of the Secretary an Office of 

13 Freight Planning and Development. The Office 

14 shall— 

15 ‘‘(A) coordinate investment of Federal 

16 funding to improve the efficiency of the national 

17 transportation system to move freight con18 sistent with the policy, objectives, and goals of 

19 section 310; 

20 ‘‘(B) facilitate communication among gov21 ernment, public, and private freight transpor22 tation stakeholders; 

23 ‘‘(C) support the Secretary in the develop24 ment of the National Freight Transportation 

25 Strategic Plan; and 


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1 ‘‘(D) carry out other duties, as prescribed 

2 by the Secretary. 

3 ‘‘(2) ORGANIZATION.—The head of the Office 

4 shall be the Assistant Secretary of Freight Planning 

5 and Development. 

6 ‘‘(3) NATIONAL FREIGHT TRANSPORTATION

7 STRATEGIC PLAN.— 

8 ‘‘(A) DEVELOPMENT.—Not later than 2 

9 years after the date of enactment of the Focus10 ing Resources, Economic Investment, and Guid11 ance to Help Transportation Act of 2011, the 

12 Secretary shall develop a long-term National 

13 Freight Transportation Strategic Plan to guide 

14 planning and investments in the national trans15 portation system to move freight to achieve the 

16 policy, objectives, and goals set forth in section 

17 310. 

18 ‘‘(B) CONTENTS.—The Plan shall in19 clude— 

20 ‘‘(i) an assessment of the current na21 tional transportation system to move 

22 freight and the system’s ability to achieve 

23 the policy, objectives, and goals set forth in 

24 section 310; 


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1 ‘‘(ii) an analysis of emerging and 

2 long-term projected trends in economic and 

3 national trade policies, public health, and 

4 environmental conditions that will impact 

5 the performance, needs, and uses of the 

6 national transportation system to move 

7 freight; 

8 ‘‘(iii) a description of the major chal9 lenges to effectively meeting the policy, ob10 jectives, and goals set forth in section 310 

11 and a plan to address such challenges; 

12 ‘‘(iv) a proposed investment plan to 

13 develop priorities for Federal investments 

14 to implement the policy, objectives, and 

15 goals in section 310 and a strategy to de16 velop the coalitions, partnerships, and 

17 other collaborative financing efforts nec18 essary to ensure stable, reliable funding 

19 and completion of freight corridors and 

20 projects; 

21 ‘‘(v) guidelines to encourage the ap22 propriate balance of means to finance the 

23 national transportation system to move 

24 freight to implement the Plan and the inVerDate Mar 15 2010 04:56 Feb 17, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S371.IS S371

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1 vestment plan proposed under clause (iv); 

2 and 

3 ‘‘(vi) a list of priority freight corridors 

4 and gateways to be improved and devel5 oped to meet the policy, objectives, and 

6 goals set forth in section 310. 

7 ‘‘(C) PLAN DEVELOPMENT.—In developing 

8 the Plan, the Secretary shall— 

9 ‘‘(i) consult with appropriate Federal 

10 agencies, State, local, and tribal govern11 ments, public and private transportation 

12 stakeholders, organizations representing 

13 transportation employees, appropriate for14 eign governments, and other interested 

15 parties; 

16 ‘‘(ii) consider ongoing Federal, State 

17 and corridor-wide transportation plans; 

18 ‘‘(iii) provide for public notice and 

19 comment, including public hearings; and 

20 ‘‘(iv) as appropriate, establish advi21 sory committees to assist with developing 

22 the Plan. 

23 ‘‘(D) SUBMISSION AND PUBLICATION.— 

24 Upon completion of the Plan, the Secretary 

25 shall— 


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1 ‘‘(i) post it on the Department of 

2 Transportation’s public Web site; and 

3 ‘‘(ii) submit it to the Senate Com4 mittee on Commerce, Science, and Trans5 portation, the Senate Committee on Appro6 priations, the House of Representatives 

7 Committee on Transportation and Infra8 structure, and the House of Representa9 tives Committee on Appropriations. 

10 ‘‘(E) IMPLEMENTATION.—Notwithstanding 

11 any other provision of law in effect on the date 

12 of enactment of the Focusing Resources, Eco13 nomic Investment, and Guidance to Help 

14 Transportation Act of 2011, the Secretary 

15 shall— 

16 ‘‘(i) implement the Plan consistent 

17 with sections 302, 5503, 10101, and 

18 13101 of this title and section 101 of title 

19 23 to the extent that such sections do not 

20 conflict with the policy, objectives, and 

21 goals established by section 310; 

22 ‘‘(ii) review and revise as necessary all 

23 relevant freight transportation planning re24 quirements to ensure that such require25 ments require that regional, State, and 


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1 local surface transportation planning ef2 forts funded with Federal funds are con3 sistent with the policy, objectives, and 

4 goals established by section 310; and 

5 ‘‘(iii) require recipients of Federal 

6 non-competitively awarded transportation 

7 funds and competitively awarded freight8 related grant funds to submit a com9 prehensive annual report on the use of 

10 such funds used for freight projects, in11 cluding a description of— 

12 ‘‘(I) which projects and priorities 

13 were funded with such funds; 

14 ‘‘(II) the rationale and method 

15 employed for apportioning such funds 

16 to the projects and priorities; and 

17 ‘‘(III) how the obligation of such 

18 funds is consistent with or advances 

19 the policy and objectives established 

20 by section 310 and the Plan. 

21 ‘‘(F) PROGRESS REPORTS.—The Secretary 

22 shall submit biennial progress reports on the 

23 implementation of the Plan beginning 2 years 

24 after the date on which the Secretary posts the 


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1 completed Plan on the Department’s Web site. 

2 The progress reports shall— 

3 ‘‘(i) describe progress made toward 

4 fully implementing the Plan and achieving 

5 the policy, objectives, and goals established 

6 under section 310; 

7 ‘‘(ii) describe challenges and obstacles 

8 to full implementation; 

9 ‘‘(iii) describe updates to the Plan 

10 necessary to reflect changed circumstances 

11 or new developments; and 

12 ‘‘(iv) make policy and legislative rec13 ommendations the Secretary believes are 

14 necessary and appropriate to fully imple15 ment the Plan. 

16 ‘‘(G) DATA.—The Secretary may conduct 

17 studies, gather information, and require the 

18 production of data necessary to develop or up19 date the Plan. 

20 ‘‘(H) FUNDING.—There are authorized to 

21 be appropriated to the Secretary of Transpor22 tation $3,000,000 to implement this sub23 section.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 102(e) of title 49, United States 

2 Code, is amended by striking ‘‘4’’ and inserting ‘‘5’’. 

3 (2) Section 5315 of title 5, United States Code, 

4 is amended by striking ‘‘(4)’’ in the item relating to 

5 Assistant Secretaries of Transportation and insert6 ing ‘‘(5)’’. 

7 SEC. 103. TRANSPORTATION INVESTMENT DATA AND PLAN8 NING TOOLS. 

9 (a) IN GENERAL.—Not later than one year after the 

10 date of enactment of this Act, the Secretary shall— 

11 (1) develop new tools or improve existing tools 

12 to support an outcome-oriented, performance-based 

13 approach to evaluate proposed freight-related and 

14 other transportation projects. These new or im15 proved tools shall include— 

16 (A) a systematic cost-benefit analysis; 

17 (B) an evaluation of external effects on 

18 congestion, pollution, the environment, and the 

19 public health; 

20 (C) a valuation of modal alternatives; and 

21 (D) other elements to assist in effective 

22 transportation planning; and 

23 (2) facilitate the collection of transportation-re24 lated data to support a broad range of evaluation 

25 methods and techniques such as demand forecasts, 


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1 modal diversion forecasts, estimates of the effect of 

2 proposed investments on congestion, pollution, public 

3 health, and other factors, to assist in making trans4 portation investment decisions. At a minimum, the 

5 Secretary, in consultation with other relevant Fed6 eral agencies, shall consider any improvements to 

7 the Commodity Flow Survey that reduce identified 

8 freight data gaps and deficiencies and help evaluate 

9 forecasts of transportation demand. 

10 (b) CONSULTATION.—To the extent practicable, the 

11 Secretary shall consult with Federal, State, and local 

12 transportation planners to develop, improve, and imple13 ment the tools and collect the data in subsection (a). 

14 TITLE II—FREIGHT 

15 TRANSPORTATION INVESTMENT 

16 SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVEST17 MENT GRANTS. 

18 (a) ESTABLISHMENT OF PROGRAM.—Chapter 55 of 

19 title 49, United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘SUBCHAPTER III. FINANCIAL ASSISTANCE 

22 ‘‘§ 5581. National freight infrastructure investment 

23 grants 

24 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

25 of Transportation shall establish a competitive grant proVerDate Mar 15 2010 04:56 Feb 17, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S371.IS S371

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1 gram to provide financial assistance for capital invest2 ments that improve the efficiency of the national transpor3 tation system to move freight. 

4 ‘‘(b) ELIGIBLE PROJECTS.—An applicant is eligible 

5 for a grant under this section for— 

6 ‘‘(1) a port development or improvement 

7 project; 

8 ‘‘(2) a multimodal terminal facility project; 

9 ‘‘(3) a land port of entry project; 

10 ‘‘(4) a freight rail improvement or capacity ex11 pansion project; 

12 ‘‘(5) an intelligent transportation system 

13 project primarily for freight benefit that reduces 

14 congestion or improves safety; 

15 ‘‘(6) a project that improves access to a port or 

16 terminal facility; or 

17 ‘‘(7) planning, preparation, or design of any 

18 project described in paragraph (1), (2), (3), (4), (5), 

19 or (6). 

20 ‘‘(c) PROJECT SELECTION CRITERIA.—In deter21 mining whether to award a grant to an eligible applicant 

22 under this section, the Secretary shall consider the extent 

23 to which the project— 


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1 ‘‘(1) supports the objectives of the National 

2 Freight Transportation Strategic Plan developed 

3 under section 102(h)(3); 

4 ‘‘(2) leverages Federal investment by encour5 aging non-Federal contributions to the project, in6 cluding contributions from public-private partner7 ships; 

8 ‘‘(3) improves the mobility of goods and com9 modities; 

10 ‘‘(4) incorporates new and innovative tech11 nologies, including freight-related intelligent trans12 portation systems; 

13 ‘‘(5) improves energy efficiency or reduces 

14 greenhouse gas emissions; 

15 ‘‘(6) helps maintain or protect the environment, 

16 including reducing air and water pollution; 

17 ‘‘(7) reduces congestion; 

18 ‘‘(8) improves the condition of the freight infra19 structure, including bringing it into a state of good 

20 repair; 

21 ‘‘(9) improves safety, including reducing trans22 portation accidents, injuries, and fatalities; 

23 ‘‘(10) demonstrates that the proposed project 

24 cannot be readily and efficiently realized without 

25 Federal support and participation; and 


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1 ‘‘(11) enhances national or regional economic 

2 development, growth, and competitiveness. 

3 ‘‘(d) PRIORITY.—The Secretary shall give priority to 

4 projects that have the highest system performance im5 provement relative to their benefit-cost analysis, as meas6 ured by the tools developed under section 103 of the Fo7 cusing Resources, Economic Investment, and Guidance to 

8 Help Transportation Act of 2011. 

9 ‘‘(e) LETTERS OF INTENT.— 

10 ‘‘(1) The Secretary may issue a letter of intent 

11 to an applicant announcing an intention to obligate, 

12 for a major capital project under this subsection, an 

13 amount from future available budget authority speci14 fied in law that is not more than the amount stipu15 lated as the financial participation of the Secretary 

16 in the project. 

17 ‘‘(2) At least 30 days before issuing a letter 

18 under paragraph (1) of this subsection, the Sec19 retary shall notify in writing the Senate Committee 

20 on Commerce, Science, and Transportation and the 

21 House of Representatives Committee on Transpor22 tation and Infrastructure of the proposed letter or 

23 agreement. The Secretary shall include with the no24 tification a copy of the proposed letter or agreement, 

25 the criteria used under subsection (c) for selecting 


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1 the project for a grant award, and a description of 

2 how the project meets such criteria. 

3 ‘‘(3) An obligation or administrative commit4 ment may be made only when amounts are made 

5 available. The letter of intent shall state that the 

6 contingent commitment is not an obligation of the 

7 Federal Government, and is subject to the avail8 ability of funds under Federal law and to Federal 

9 laws in force or enacted after the date of the contin10 gent commitment. 

11 ‘‘(f) FEDERAL SHARE OF NET PROJECT COST.— 

12 ‘‘(1) Based on engineering studies, studies of 

13 economic feasibility, and information on the expected 

14 use of equipment or facilities, the Secretary shall es15 timate the net project cost. 

16 ‘‘(2) The Federal share of a grant for the 

17 project shall not exceed 80 percent of the project net 

18 capital cost. 

19 ‘‘(3) The Secretary shall give priority in allo20 cating future obligations and contingent commit21 ments to incur obligations to grant requests seeking 

22 a lower Federal share of the project net capital cost. 

23 ‘‘(g) COOPERATIVE AGREEMENTS.— 

24 ‘‘(1) IN GENERAL.—An applicant may enter 

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1 profit entity to cooperatively implement any project 

2 funded with a grant under this subchapter. 

3 ‘‘(2) FORMS OF PARTICIPATION.—Participation 

4 by an entity under paragraph (1) may consist of— 

5 ‘‘(A) ownership or operation of any land, 

6 facility, vehicle, or other physical asset associ7 ated with the project; 

8 ‘‘(B) cost-sharing of any project expense or 

9 non-Federal share of the project cost, including 

10 in kind contributions; 

11 ‘‘(C) carrying out administration, construc12 tion management, project management, project 

13 operation, or any other management or oper14 ational duty associated with the project; and 

15 ‘‘(D) any other form of participation ap16 proved by the Secretary. 

17 ‘‘(h) OVERSIGHT PROGRAM.— 

18 ‘‘(1) ESTABLISHMENT.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 establish an oversight program to monitor the 

21 effective and efficient use of funds authorized to 

22 carry out this section. 

23 ‘‘(B) MINIMUM REQUIREMENT.—At a min24 imum, the program shall be responsive to all 


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1 areas relating to financial integrity and project 

2 delivery. 

3 ‘‘(2) FINANCIAL INTEGRITY.— 

4 ‘‘(A) FINANCIAL MANAGEMENT SYS5 TEMS.—The Secretary shall perform annual re6 views that address elements of the applicant’s 

7 financial management systems that affect 

8 projects approved under subsection (a). 

9 ‘‘(B) PROJECT COSTS.—The Secretary 

10 shall develop minimum standards for estimating 

11 project costs and shall periodically evaluate the 

12 practices of applicants for estimating project 

13 costs, awarding contracts, and reducing project 

14 costs. 

15 ‘‘(3) PROJECT DELIVERY.—The Secretary shall 

16 perform annual reviews that address elements of the 

17 project delivery system of an applicant, which ele18 ments include one or more activities that are in19 volved in the life cycle of a project from conception 

20 to completion of the project. 

21 ‘‘(4) RESPONSIBILITY OF THE APPLICANTS.— 

22 ‘‘(A) IN GENERAL.—Each applicant shall 

23 submit to the Secretary for approval such 

24 plans, specifications, and estimates for each 

25 proposed project as the Secretary may require. 


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1 ‘‘(B) APPLICANT SUBRECIPIENTS.—The 

2 applicant shall be responsible for determining 

3 that a subrecipient of Federal funds under this 

4 section has— 

5 ‘‘(i) adequate project delivery systems 

6 for projects approved under this section; 

7 and 

8 ‘‘(ii) sufficient accounting controls to 

9 properly manage such Federal funds. 

10 ‘‘(C) PERIODIC REVIEW.—The Secretary 

11 shall periodically review the monitoring of sub12 recipients by the applicant. 

13 ‘‘(5) SPECIFIC OVERSIGHT RESPONSIBIL14 ITIES.—Nothing in this section shall affect or dis15 charge any oversight responsibility of the Secretary 

16 specifically provided for under this title or other 

17 Federal law. 

18 ‘‘(i) MAJOR PROJECTS.— 

19 ‘‘(1) IN GENERAL.—A recipient of a grant for 

20 a project under this section with an estimated total 

21 cost of $500,000,000 or more, and a recipient for 

22 such other projects as may be identified by the Sec23 retary, shall submit to the Secretary for each 

24 project— 

25 ‘‘(A) a project management plan; and 


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1 ‘‘(B) an annual financial plan. 

2 ‘‘(2) PROJECT MANAGEMENT PLAN.—A project 

3 management plan shall document— 

4 ‘‘(A) the procedures and processes that are 

5 in effect to provide timely information to the 

6 project decisionmakers to effectively manage the 

7 scope, costs, schedules, quality of, and the Fed8 eral requirements applicable to, the project; and 

9 ‘‘(B) the role of the agency leadership and 

10 management team in the delivery of the project. 

11 ‘‘(3) FINANCIAL PLAN.—A financial plan 

12 shall— 

13 ‘‘(A) be based on detailed estimates of the 

14 cost to complete the project; and 

15 ‘‘(B) provide for the annual submission of 

16 updates to the Secretary that are based on rea17 sonable assumptions, as determined by the Sec18 retary, of future increases in the cost to com19 plete the project. 

20 ‘‘(j) OTHER PROJECTS.—A recipient of Federal fi21 nancial assistance for a project under this title with an 

22 estimated total cost of $100,000,000 or more that is not 

23 covered by subsection (i) shall prepare an annual financial 

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1 section shall be made available to the Secretary for review 

2 upon the request of the Secretary. 

3 ‘‘(k) OTHER TERMS AND CONDITIONS.—The Sec4 retary shall determine what additional grant terms and 

5 conditions are necessary and appropriate to meet the re6 quirements of this section. 

7 ‘‘(l) REGULATIONS.—Within 1 year after the date of 

8 enactment of the Focusing Resources, Economic Invest9 ment, and Guidance to Help Transportation Act of 2011, 

10 the Secretary shall prescribe regulations to implement this 

11 section. 

12 ‘‘(m) APPLICANT DEFINED.—In this subchapter, the 

13 term ‘‘applicant’’ includes a State, a political subdivision 

14 of a State, government-sponsored authorities and corpora15 tions, and the District of Columbia. 

16 ‘‘(n) SECRETARIAL OVERSIGHT.— 

17 ‘‘(1) The Secretary may use no more than 1 

18 percent of amounts made available in a fiscal year 

19 for capital projects under this subchapter to enter 

20 into contracts to oversee the construction of such 

21 projects. 

22 ‘‘(2) The Secretary may use amounts available 

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1 nancial compliance reviews and audits of a recipient 

2 of amounts under paragraph (1). 

3 ‘‘(3) The Federal Government shall pay the en4 tire cost of carrying out a contract under this sub5 section.’’. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for chapter 55 of title 49, United States Code, is 

8 amended by adding at the end the following: 

‘‘SUBCHAPTER III. FINANCIAL ASSISTANCE 

‘‘5581. National freight infrastructure investment grants’’. 

9 SEC. 202. PORT INFRASTRUCTURE DEVELOPMENT INITIA10 TIVE. 

11 Section 50302(c)(3)(C) of title 46, United States 

12 Code, is amended to read as follows: 

13 ‘‘(C) TRANSFERS.—Amounts appropriated 

14 or otherwise made available for any fiscal year 

15 for a marine facility or intermodal facility that 

16 includes maritime transportation may be trans17 ferred, at the option of the recipient of such 

18 amounts, to the Fund and administered by the 

19 Administrator as a component of a project 

20 under the program.’’. 

Æ 


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