I 

111TH CONGRESS 

2D SESSION H. R. 6291 

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 

SEPTEMBER 29, 2010 

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 2010’’ or the ‘‘Freight FOCUS Act of 2010’’. 

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 funding sources for projects with respect to 

5 freight; and 

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

8 (d) NATIONAL FREIGHT PLAN.—Not later than 2 

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 180 days 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 15 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; and 

3 (9) others determined appropriate by the Sec4 retary. 

5 (c) CHAIRPERSON.—The Assistant Secretary for 

6 Freight Planning and Development (appointed under sec7 tion 2(b)) shall be the chairperson of the Committee. 

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

9 call of the chairperson at least twice each year. 

10 (e) DUTIES.—The Committee shall— 

11 (1) advise the Assistant Secretary on issues, 

12 projects, and funding needs with respect to freight, 

13 including the determination of freight priorities; 

14 (2) develop measures to predict growth in 

15 freight movement; 

16 (3) facilitate the sharing of information relating 

17 to freight between public and private entities; 

18 (4) assist the Assistant Secretary with the de19 velopment of the national freight plan under section 

20 2(d); and 

21 (5) assist the Assistant Secretary with the de22 velopment of freight corridor snapshot reports under 

23 section 4(e). 


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1 SEC. 4. FREIGHT CORRIDORS OF NATIONAL SIGNIFICANCE 

2 PROGRAM. 

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

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

5 for Freight Planning and Development (appointed under 

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

7 significance program (in this section referred to as the 

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

9 (b) DESIGNATION OF FREIGHT CORRIDORS OF NA10 TIONAL SIGNIFICANCE.— 

11 (1) IN GENERAL.—Not later than one year 

12 after the date of enactment of this Act, and every 

13 3 years thereafter, the Assistant Secretary shall des14 ignate the multimodal freight corridors in the 

15 United States that the Assistant Secretary has de16 termined, in accordance with this subsection, are 

17 freight corridors of national significance based on 

18 the importance of the corridors to freight movement. 

19 (2) PUBLICATION.—The Assistant Secretary 

20 shall publish on the Web site of the Department of 

21 Transportation a document that specifies the cor22 ridors designated under paragraph (1) and con23 tains— 

24 (A) a map of the corridors; 

25 (B) a detailed description of the standards 

26 used to designate the corridors; 


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1 (C) statistics supporting the designation of 

2 each corridor; and 

3 (D) a description of the role of each cor4 ridor in supporting the economy and freight 

5 transportation system of the United States. 

6 (3) PUBLIC PARTICIPATION.—The Secretary 

7 shall make designations under paragraph (1) after 

8 providing notice and an opportunity for public com9 ment. 

10 (4) RULEMAKING TO DETERMINE DESIGNATION

11 STANDARDS.— 

12 (A) IN GENERAL.—The Assistant Sec13 retary, in consultation with the Freight Advi14 sory Committee (established under section 

15 3(a)), shall conduct a rulemaking proceeding to 

16 establish publicly available, objective, and quan17 tifiable standards for designating freight cor18 ridors as freight corridors of national signifi19 cance under paragraph (1). 

20 (B) CRITERIA.—The standards established 

21 under subparagraph (A) shall ensure that, in 

22 designating a freight corridor as a freight cor23 ridor of national significance, the following cri24 teria are accurately measured and considered 


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1 (with the criteria listed in descending order of 

2 importance): 

3 (i) The volume of freight moved along 

4 the corridor. 

5 (ii) The value of freight moved along 

6 the corridor. 

7 (iii) The benefits that may be gen8 erated by transportation improvements 

9 carried out along the corridor, including 

10 the creation or sustaining of jobs, expan11 sion of business opportunities, or increas12 ing of the gross domestic product. 

13 (iv) The potential for growth in 

14 freight movement along the corridor. 

15 (v) The economic, environmental, and 

16 other costs associated with traffic conges17 tion and travel delay along the corridor. 

18 (5) DATA COLLECTION.— 

19 (A) IN GENERAL.—The Assistant Sec20 retary, in consultation with the Freight Advi21 sory Committee, shall collect and review all 

22 data relating to freight necessary to designate 

23 freight corridors of national significance under 

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1 cies, methods for improving the sources of the 

2 data to reduce deficiencies in the data and as3 sist projections of transportation demand. 

4 (B) PROJECTIONS.—The Assistant Sec5 retary, in consultation with the Freight Advi6 sory Committee and the Administrator of the 

7 Environmental Protection Agency, shall analyze 

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

9 freight domestically and internationally to assist 

10 the designation of freight corridors of national 

11 significance under paragraph (1), including by 

12 analyzing economic and trade policies and pub13 lic health and environmental conditions related 

14 to freight movement. 

15 (c) FREIGHT CORRIDOR COALITIONS.— 

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

17 corridor of national significance designated under 

18 subsection (b), the Assistant Secretary may des19 ignate one entity to serve as a freight corridor coali20 tion that represents the freight corridor for purposes 

21 of this section. 

22 (2) COALITION COMPOSITION.—To be eligible 

23 for designation as a freight corridor coalition under 

24 paragraph (1), an entity shall be composed of indi25 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) Each mode of freight transportation 

10 that operates along the corridor. 

11 (D) Each port 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 

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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.—The Assistant Secretary is authorized to 


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1 make grants to a freight corridor coalition des2 ignated under paragraph (1) to assist the coalition 

3 with administrative expenses. 

4 (5) FREIGHT CORRIDOR PLAN.— 

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

6 after the date on which an entity is designated 

7 as a freight corridor coalition under paragraph 

8 (1), and annually thereafter, the freight cor9 ridor coalition shall submit to the Assistant 

10 Secretary a freight corridor plan that in11 cludes— 

12 (i) a prioritized list of projects that 

13 are eligible for grant assistance under sub14 section (d) and that the coalition has de15 termined will improve the freight move16 ment performance of the freight corridor of 

17 national significance represented by the co18 alition; 

19 (ii) an estimate of the cost of each 

20 project specified in the list under clause (i) 

21 and the aggregate cost of all listed 

22 projects; 

23 (iii) a specification of a State sponsor 

24 willing to carry out each project specified 

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


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1 that each member of the coalition shall 

2 provide the State sponsor with respect to 

3 the project; 

4 (iv) a funding plan, including a speci5 fication of funding sources, for each 

6 project specified in the list under clause 

7 (i); 

8 (v) a description of how projects spec9 ified in the list under clause (i) support 

10 connectivity at State borders; 

11 (vi) a detailed description of the cor12 ridor, including a description of— 

13 (I) the modes of transportation 

14 that operate along the corridor; 

15 (II) the transportation facilities 

16 along the corridor; 

17 (III) the interaction of passenger 

18 and freight movement along the cor19 ridor; 

20 (IV) the performance of the cor21 ridor and projections of future cor22 ridor performance, including with re23 spect to the speed and reliability of 

24 travel along the corridor; 


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1 (V) any environmental or public 

2 health issues related to freight move3 ment along the corridor; and 

4 (VI) any economic costs related 

5 to congestion and travel delay along 

6 the corridor; and 

7 (vii) any additional information the 

8 Assistant Secretary determines appro9 priate. 

10 (B) PROJECT PRIORITIZATION.—In deter11 mining the priority of a project specified in a 

12 freight corridor plan under subparagraph (A), a 

13 freight corridor coalition shall consider the fol14 lowing: 

15 (i) The schedule for completing the 

16 project and the appropriate sequencing of 

17 projects. 

18 (ii) Whether the project will improve a 

19 component of a freight corridor determined 

20 to be performing poorly in a freight cor21 ridor snapshot report under subsection (e). 

22 (iii) The improvement in freight move23 ment that will result from the project and 

24 the impact of failing to carry out the 

25 project. 


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1 (iv) Whether the project will address a 

2 bridge in need of repair. 

3 (v) The amount of non-Federal fund4 ing available for the project, including 

5 funding from public-private partnerships. 

6 (vi) The benefits of the project unre7 lated to freight movement and whether 

8 there is funding available from nonfreight 

9 sources commensurate with those benefits. 

10 (vii) Whether innovative technologies 

11 are incorporated into the project. 

12 (viii) The extent to which the project 

13 will reduce air, water, or noise pollution, 

14 including through improved energy con15 servation or efficiency. 

16 (ix) The congestion reduction benefits 

17 of the project. 

18 (x) The improvement in the condition 

19 of freight movement infrastructure that 

20 will result from the project. 

21 (xi) The public health and safety ben22 efits of the project, including with respect 

23 to accident and injury reduction with a 

24 goal of reducing by 10 percent the number 


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1 of fatalities related to freight transpor2 tation by the year 2015. 

3 (xii) Whether the project involves the 

4 replacement or repair of an existing sur5 face transportation facility— 

6 (I) the replacement or repair of 

7 which will result in economic and mo8 bility benefits for the United States; 

9 and 

10 (II) that, if not replaced or re11 paired, will likely deteriorate substan12 tially and negatively impact the econ13 omy and transportation system of the 

14 United States. 

15 (xiii) Whether the project will not be 

16 completed without Federal support. 

17 (xiv) The regional and national eco18 nomic development benefits of the project, 

19 including with respect to trade facilitation. 

20 (xv) Whether the project will be car21 ried out on a publicly owned site. 

22 (d) GRANTS.— 

23 (1) IN GENERAL.—In carrying out the Pro24 gram, the Assistant Secretary is authorized to make 

25 a grant to any State to assist any project— 


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

2 (B) for the improvement of freight move3 ment. 

4 (2) ELIGIBLE PROJECTS.—The projects eligible 

5 for grant assistance under paragraph (1) are the fol6 lowing: 

7 (A) A project for the development or im8 provement of a port. 

9 (B) A project for the development or im10 provement of a multimodal terminal facility. 

11 (C) A project for the development or im12 provement of a land port of entry. 

13 (D) A project to improve freight rail per14 formance, including through capacity expansion. 

15 (E) A project for the development or im16 provement of a road or bridge, including a road 

17 or bridge that— 

18 (i) is essential to supporting local, 

19 interregional, interstate, or international 

20 freight movement; 

21 (ii) improves access to freight facili22 ties, including ports, terminals, and dis23 tribution centers; 

24 (iii) improves freight transportation to 

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1 ing ports, airports, and border crossings; 

2 or 

3 (iv) improves access for, and the 

4 emergency capabilities of, military per5 sonnel and equipment. 

6 (F) A project for the development or im7 provement of an intelligent transportation sys8 tem for freight that reduces congestion and im9 proves safety. 

10 (G) A project for the development or im11 provement of a facility that provides long-term 

12 truck parking. 

13 (H) A project for the development of 

14 freight movement capacity where that capacity 

15 is needed. 

16 (I) A project for the development of a 

17 roadway-rail grade separation. 

18 (J) A dredging project or a project to de19 velop or improve a lock or dam. 

20 (K) A project to benefit the environment, 

21 including through the reduction of emissions de22 termined by the Assistant Secretary, in con23 sultation with the Administrator of the Envi24 ronmental Protection Agency, to be harmful to 

25 the environment. 


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1 (L) A project to improve safety or security 

2 with respect to freight movement. 

3 (M) A project that will improve public 

4 health. 

5 (N) Any other project the Assistant Sec6 retary determines appropriate. 

7 (O) Planning, preparation, or design activi8 ties with respect to any project described in this 

9 paragraph. 

10 (3) APPLICATION PROCESS.— 

11 (A) IN GENERAL.—The Assistant Sec12 retary shall establish a process for States to 

13 submit an application for a grant under para14 graph (1). 

15 (B) RESPONSES.—Without regard to 

16 whether a grant is made under paragraph (1) 

17 with respect to an application, the Assistant 

18 Secretary shall provide a written response to 

19 each application submitted under subparagraph 

20 (A) and the response shall include a written de21 termination by the Assistant Secretary that the 

22 project for which the application was submitted 

23 is— 

24 (i) highly recommended to be carried 

25 out; 


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1 (ii) recommended to be carried out; or 

2 (iii) not recommended to be carried 

3 out. 

4 (4) PRIORITIES AND CONSIDERATION.—In mak5 ing grants under paragraph (1), the Assistant Sec6 retary shall— 

7 (A) give priority to projects listed in a 

8 freight corridor plan submitted under sub9 section (c)(5)(A) and according to the 

10 prioritization of projects in that plan; and 

11 (B) give consideration to the criteria speci12 fied in subsection (c)(5)(B). 

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

14 the cost of a project assisted with a grant under 

15 paragraph (1) shall not exceed 80 percent. 

16 (6) PROJECTS THAT BENEFIT THE ENVIRON17 MENT.—The Assistant Secretary shall use not less 

18 than 7 percent of the amounts made available for 

19 grants under paragraph (1) each fiscal year for 

20 grants to assist projects that benefit the environ21 ment, including through reducing emissions deter22 mined by the Assistant Secretary, in consultation 

23 with the Administrator of the Environmental Protec24 tion Agency, to be harmful to the environment. 


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1 (7) PROJECTS THAT BENEFIT FREIGHT SECU2 RITY.—The Assistant Secretary shall use not less 

3 than 1 percent of the amounts made available for 

4 grants under paragraph (1) each fiscal year for 

5 grants to assist projects that improve freight secu6 rity, including cargo inspection projects and edu7 cation and training projects related to security. 

8 (8) PROJECT COSTS.—In carrying out this sub9 section, the Assistant Secretary shall develop stand10 ards for estimating project costs and shall evaluate 

11 the cost estimation, contracting, and cost reduction 

12 practices of States that receive grants under para13 graph (1). 

14 (9) PROJECT MANAGEMENT AND FINANCIAL

15 PLANS.— 

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

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

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

19 or for any other project the Assistant Secretary 

20 determines appropriate, shall submit to the As21 sistant Secretary, with respect to the project— 

22 (i) a project management plan; and 

23 (ii) an annual financial plan. 

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

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


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

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

3 annual financial plan with respect to the project 

4 and shall make that plan available for review at 

5 the request of the Assistant Secretary. 

6 (C) PROJECT MANAGEMENT PLAN.—For 

7 purposes of this paragraph, a project manage8 ment plan shall document, with respect to a 

9 project— 

10 (i) the procedures in effect to provide 

11 timely information to project decision12 makers to allow the decisionmakers to ef13 fectively manage the scope, costs, sched14 ules, quality, and Federal requirements 

15 with respect to the project; and 

16 (ii) the role of non-Federal interests 

17 in the delivery of the project. 

18 (D) FINANCIAL PLAN.—For purposes of 

19 this paragraph, a financial plan shall, with re20 spect to a project, provide detailed estimates of 

21 the costs of completing the project, including 

22 potential increases to those costs. 

23 (10) MAINTENANCE OF EFFORT.— 

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1 ernor of the State receiving the grant shall sub2 mit to the Assistant Secretary a certification 

3 that the State will maintain its effort with re4 spect to the funding of freight projects. 

5 (B) STATEMENT OF INTENDED FUND6 ING.—As part of the certification under sub7 paragraph (A), the Governor shall submit a 

8 statement to the Assistant Secretary identifying 

9 the amount that the State plans to expend from 

10 non-Federal sources for freight projects during 

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

12 submission of the certification. 

13 (C) FAILURE TO MEET INTENDED FUND14 ING.—If the Assistant Secretary determines 

15 that a State failed to expend the amount for 

16 freight projects identified in the statement 

17 under subparagraph (B), the Assistant Sec18 retary may prohibit the State from receiving a 

19 grant under paragraph (1) during a period— 

20 (i) not to exceed 3 years; and 

21 (ii) beginning on the date on which 

22 that determination is made. 

23 (11) PREVAILING RATE OF WAGE.— 

24 (A) IN GENERAL.—The Secretary shall 

25 take such action as may be necessary to ensure 


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1 that all laborers and mechanics employed by 

2 contractors or subcontractors on construction 

3 work performed on projects assisted with a 

4 grant under paragraph (1) shall be paid wages 

5 at rates not less than those prevailing on the 

6 same type of work on similar construction in 

7 the immediate locality as determined by the 

8 Secretary of Labor in accordance with sections 

9 3141, 3146, and 3147 of title 40, United States 

10 Code. 

11 (B) CONSULTATION.—In carrying out the 

12 duties of subparagraph (A), the Secretary of 

13 Labor shall consult with the relevant agency of 

14 the State in which a project assisted with a 

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

16 After giving due regard to the information thus 

17 obtained, the Secretary of Labor shall make a 

18 predetermination of the minimum wages to be 

19 paid laborers and mechanics in accordance with 

20 the provisions of subparagraph (A) which shall 

21 be set out in each project advertisement for 

22 bids and in each bid proposal form and shall be 

23 made a part of the contract covering the 

24 project. 


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1 (C) EXCEPTIONS.—The provisions of this 

2 paragraph shall not be applicable to employ3 ment pursuant to apprenticeship and skill train4 ing programs which have been certified by the 

5 Secretary as promoting equal employment op6 portunity in connection with a construction pro7 gram. 

8 (12) FUNDING BY MODE.— 

9 (A) DETERMINATION.—In making grants 

10 under paragraph (1) each fiscal year, the As11 sistant Secretary shall determine if any portion 

12 of the amounts made available for the grants 

13 was generated for deposit in the Goods Move14 ment Trust Fund (established under section 

15 5(a)) by a single mode of transportation. 

16 (B) PORTIONS GENERATED BY A SINGLE

17 MODE OF TRANSPORTATION.—If the Assistant 

18 Secretary determines under subparagraph (A) 

19 that any portion of the amounts made available 

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

21 was generated by a single mode of transpor22 tation, the Assistant Secretary shall ensure that 

23 at least 92.5 percent of that portion is used for 

24 grants to assist projects that benefit that mode. 


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1 (C) PORTION NOT GENERATED BY A SIN2 GLE MODE OF TRANSPORTATION.—If the As3 sistant Secretary determines under subpara4 graph (A) that any portion of the amounts 

5 made available for a fiscal year for grants 

6 under paragraph (1) was generated by a single 

7 mode of transportation, the Assistant Secretary 

8 shall ensure that 50 percent of the portion of 

9 those amounts that was not generated by a sin10 gle mode of transportation is used solely for 

11 grants to assist projects that benefit the modes 

12 of transportation to which subparagraph (B) 

13 applied that fiscal year according to the 

14 amounts generated by each of those modes. 

15 (e) FREIGHT CORRIDOR SNAPSHOT REPORT.—Not 

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

17 and annually thereafter, the Assistant Secretary shall pub18 lish on the Web site of the Department of Transportation 

19 a detailed analysis of the performance of each freight cor20 ridor designated as a freight corridor of national signifi21 cance under subsection (b) and any other freight corridor 

22 determined appropriate for inclusion by the Assistant Sec23 retary, including an analysis of congestion, safety, envi24 ronmental, public health, infrastructure condition, and ac25 cessibility issues with respect to the freight corridor. 


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1 SEC. 5. FUNDING. 

2 (a) GOODS MOVEMENT TRUST FUND.— 

3 (1) ESTABLISHMENT.— 

4 (A) IN GENERAL.—Subchapter A of chap5 ter 98 of the Internal Revenue Code of 1986 is 

6 amended by adding at the end the following: 

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

8 ‘‘(a) CREATION OF TRUST FUND.—There is estab9 lished in the Treasury of the United States a trust fund 

10 to be known as the ‘Goods Movement Trust Fund’, con11 sisting of such amounts as may be appropriated or cred12 ited to such Trust Fund as provided in this section or sec13 tion 9602(b). 

14 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here15 by appropriated to the Goods Movement Trust Fund 

16 amounts equivalent to so much of the taxes received in 

17 the Treasury under section 4081 as are determined at the 

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

19 ‘‘(c) APPROPRIATION OF ADDITIONAL SUMS.—In ad20 dition to amounts appropriated under subsection (b), there 

21 is hereby authorized to be appropriated to the Goods 

22 Movement Trust Fund to make the expenditures referred 

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

24 years 2011 through 2016. 

25 ‘‘(d) EXPENDITURES.— 


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

2 Movement Trust Fund shall be available, as pro3 vided in appropriations Acts, only for purposes of 

4 making expenditures to carry out the Freight 

5 FOCUS Act of 2010. 

6 ‘‘(2) TRANSFERS FROM TRUST FUND FOR CER7 TAIN REPAYMENTS AND CREDITS.—The Secretary 

8 shall pay from time to time from the Goods Move9 ment Trust Fund into the general fund of the 

10 Treasury amounts equivalent to amounts paid under 

11 section 6433 or credits allowed under section 

12 34(a)(4).’’. 

13 (B) CONFORMING AMENDMENT.—Para14 graph (1) of section 9503(b) of such Code is 

15 amended by adding at the end the following: 

16 ‘‘There shall not be taken into account under 

17 subparagraph (D) so much of the taxes imposed 

18 by section 4081 as are determined at the rate 

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

20 (C) CLERICAL AMENDMENT.—The table of 

21 sections for subchapter A of chapter 98 of such 

22 Code is amended by adding at the end the fol23 lowing: 

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

24 (2) INCREASE IN DIESEL TAX FOR TRANSPOR25 TATION OF GOODS BY HIGHWAY.— 


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1 (A) IN GENERAL.—Subsection (a) of sec2 tion 4081 of the Internal Revenue Code of 1986 

3 is amended by adding at the end the following: 

4 ‘‘(5) DIESEL FUEL USED FOR TRANSPORTATION

5 OF GOODS BY HIGHWAY.— 

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

7 fuel, the rate in effect under paragraph 

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

9 ‘‘(B) INFLATION ADJUSTMENT.— 

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

11 diesel fuel removed, entered, or sold during 

12 any calendar year beginning after 2011, 

13 the 12 cent amount under subparagraph 

14 (A) shall be increased by an amount equal 

15 to— 

16 ‘‘(I) such amount, multiplied by 

17 ‘‘(II) the costs of living adjust18 ment determined under section 1(f)(3) 

19 for the calendar year, determined by 

20 substituting ‘calendar year 2010’ for 

21 ‘calendar year 1992’ in subparagraph 

22 (B) thereof. 

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

24 clause (i) shall be rounded to the nearest 

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


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by this paragraph shall apply to fuel re3 moved, entered, or sold after September 30, 

4 2011. 

5 (3) DIESEL FUEL NOT USED FOR MOVEMENT

6 OF GOODS BY HIGHWAY.— 

7 (A) IN GENERAL.—Subchapter B of chap8 ter 65 of the Internal Revenue Code of 1986 is 

9 amended by adding at the end the following: 

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

11 GOODS BY HIGHWAY. 

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

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

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

15 of moving goods by highway, the Secretary shall pay (with16 out interest) to the ultimate purchaser of such fuel an 

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

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

19 4081(a)(5). 

20 ‘‘(b) FILING OF CLAIMS.—Claims filed under sub21 section (a) shall be filed at such time and in such form 

22 and manner as the Secretary of the Treasury shall by reg23 ulation prescribe. 

24 ‘‘(c) APPLICABLE LAWS.— 


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1 ‘‘(1) IN GENERAL.—All provisions of law, in2 cluding penalties, applicable in respect of the taxes 

3 imposed by section 4081 shall, insofar as applicable 

4 and not inconsistent with this section, apply in re5 spect of the payments provided for in this section to 

6 the same extent as if such payments constituted re7 funds of overpayments of the tax so imposed. 

8 ‘‘(2) EXAMINATION OF BOOKS AND WIT9 NESSES.—For the purpose of ascertaining the cor10 rectness of any claim made under this section, or the 

11 correctness of any payment made in respect of any 

12 such claim, the Secretary shall have the authority 

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

14 7602(a) (relating to examination of books and wit15 nesses) as if the claimant were the person liable for 

16 tax. 

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

18 ‘‘(1) PERSONS NOT SUBJECT TO INCOME

19 TAX.—Payment shall be made under this section 

20 only to— 

21 ‘‘(A) the United States or an agency or in22 strumentality thereof, a State, a political sub23 division of a State, or any agency or instrumen24 tality of one or more States or political subdivi25 sions, or 


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1 ‘‘(B) an organization exempt from tax 

2 under section 501(a) (other than an organiza3 tion required to make a return of the tax im4 posed under subtitle A for its taxable year). 

5 ‘‘(2) ALLOWANCE OF CREDIT AGAINST INCOME

6 TAX.—For allowance of credit against the income 

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

8 purpose other than in the trade or business of mov9 ing goods by highway, see section 34.’’. 

10 (B) ALLOWANCE OF CREDIT AGAINST IN11 COME TAX.— 

12 (i) IN GENERAL.—Subsection (a) of 

13 section 34 of the Internal Revenue Code of 

14 1986 is amended by striking ‘‘and’’ at the 

15 end of paragraph (2), by striking the pe16 riod at the end of paragraph (3) and in17 serting ‘‘, and’’, and by adding at the end 

18 the following: 

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

20 regard to section 6433(d)).’’. 

21 (ii) CONFORMING AMENDMENT.—Sub22 section (b) of section 34 of such Code is 

23 amended— 


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1 (I) by striking ‘‘6421 or 6427’’ 

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

3 and 

4 (II) by striking ‘‘6421(i) or 

5 6427(k)’’ and inserting ‘‘6421(i), 

6 6427, or 6433’’. 

7 (C) CLERICAL AMENDMENT.—The table of 

8 sections for subchapter B of chapter 65 of such 

9 Code is amended by adding at the end the fol10 lowing: 

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

11 (D) EFFECTIVE DATE.—The amendments 

12 made by this paragraph shall apply to fuel sold 

13 after September 30, 2011. 

14 (b) AUTHORIZATIONS OF APPROPRIATIONS.— 

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

16 appropriated from the Goods Movement Trust Fund 

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

18 Act for a fiscal year the level of receipts plus inter19 est (as that term is defined in subsection (d)) with 

20 respect to the Goods Movement Trust Fund for that 

21 fiscal year. 

22 (2) ALLOCATION OF AMOUNTS.—Of the 

23 amounts made available to carry out this Act for a 

24 fiscal year— 


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

2 out section 2 for that fiscal year; 

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

4 out section 3 for the first full fiscal year begin5 ning after the date of enactment of this Act 

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

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

8 out section 4, except for the making of grants 

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

10 for that fiscal year; 

11 (D) $1,000,000 shall be available to make 

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

13 and 

14 (E) the remainder shall be available to 

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

16 year. 

17 (c) CONTRACT AUTHORITY.— 

18 (1) DATE AVAILABLE FOR OBLIGATION.—Au19 thorizations from the Goods Movement Trust Fund 

20 to carry out this Act shall be available for obligation 

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

22 authorized. 

23 (2) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

24 A grant made under subsection (c)(4) or (d) of sec25 tion 4 that is approved by the Assistant Secretary 


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1 is a contractual obligation of the Government to pay 

2 the Federal share of the cost of the project. 

3 (d) GOODS MOVEMENT TRUST FUND GUARANTEE.— 

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

5 made available from the Goods Movement Trust 

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

7 equal to the level of receipts plus interest with re8 spect to the Goods Movement Trust Fund for that 

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

10 out this Act. 

11 (2) GUARANTEE.—No funds may be appro12 priated to carry out this Act unless the amount de13 scribed in paragraph (1) has been provided. 

14 (3) ENFORCEMENT OF GUARANTEES.—It shall 

15 not be in order in the House of Representatives or 

16 the Senate to consider any bill, joint resolution, 

17 amendment, motion, or conference report that would 

18 cause total budget resources in a fiscal year to carry 

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

20 amount required by paragraph (1) for such fiscal 

21 year. 

22 (4) DEFINITIONS.—In this subsection, the fol23 lowing definitions apply: 

24 (A) TOTAL BUDGET RESOURCES.—The 

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


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1 amount made available by appropriations Acts 

2 from the Goods Movement Trust Fund for a 

3 fiscal year to carry out this Act. 

4 (B) LEVEL OF RECEIPTS PLUS INTER5 EST.—The term ‘‘level of receipts plus interest’’ 

6 means the level of funding appropriated or 

7 credited to the Goods Movement Trust Fund 

8 under section 9512 of the Internal Revenue 

9 Code of 1986 for a fiscal year as estimated in 

10 the budget of the United States Government for 

11 that fiscal year submitted by the President pur12 suant to section 1105 of title 31, United States 

13 Code. The President shall ensure that an esti14 mate of such funding is included in each such 

15 budget. 

16 SEC. 6. DEFINITIONS. 

17 In this Act, the following definitions apply: 

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

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

20 transportation mode. 

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

22 corridor’’ means a designated route along which 

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

24 routes. 


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

2 the Secretary of Transportation. 

Æ 


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