I 

113TH CONGRESS 

2D SESSION H. R. 5624 

To amend title 49, United States Code, to establish a Multimodal Freight 

Funding Formula Program and a National Freight Infrastructure Competitive Grant Program to improve the efficiency and reliability of freight 

movement in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. LOWENTHAL introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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 amend title 49, United States Code, to establish a 

Multimodal Freight Funding Formula Program and a 

National Freight Infrastructure Competitive Grant Program to improve the efficiency and reliability of freight 

movement in the United States, 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. 

4 This Act may be cited as the ‘‘Economy in Motion: 

5 The National Multimodal and Sustainable Freight Infra6 structure Act’’. 


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1 SEC. 2. FREIGHT FUNDING PROGRAMS. 

2 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

3 49, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 5506. Multimodal Freight Funding Formula Pro6 gram 

7 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

8 Multimodal Freight Funding Formula Program under 

9 which the Secretary shall distribute funds to States to im10 prove the efficiency and reliability of freight movement in 

11 the United States. 

12 ‘‘(b) FORMULA APPORTIONMENT.—On October 1 of 

13 each fiscal year, the Secretary shall apportion among eligi14 ble States the amount made available to the Secretary for 

15 that fiscal year to carry out the Multimodal Freight Fund16 ing Formula Program as follows: 

17 ‘‘(1) 6.25 percent in the ratio that— 

18 ‘‘(A) the number of ports in each State; 

19 bears to 

20 ‘‘(B) the number of ports in all States. 

21 ‘‘(2) 6.25 percent in the ratio that— 

22 ‘‘(A) the number of rail track-miles used 

23 for the movement of freight in each State; bears 

24 to 

25 ‘‘(B) the number of such rail track-miles in 

26 all States. 


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1 ‘‘(3) 6.25 percent in the ratio that— 

2 ‘‘(A) the number of cargo-handling air3 ports in each State; bears to 

4 ‘‘(B) the number of such airports in all 

5 States. 

6 ‘‘(4) 6.25 percent in the ratio that— 

7 ‘‘(A) the number of Interstate system 

8 miles in each State; bears to 

9 ‘‘(B) the number of Interstate system 

10 miles in all States. 

11 ‘‘(5) 37.5 percent in the ratio that— 

12 ‘‘(A) the tonnage of rail, waterborne, high13 way, and airport freight moved in each State; 

14 bears to 

15 ‘‘(B) the tonnage of such freight moved in 

16 all States. 

17 ‘‘(6) 37.5 percent in the ratio that— 

18 ‘‘(A) the value of rail, waterborne, highway 

19 and airport freight moved in each State; bears 

20 to 

21 ‘‘(B) the value of such freight moved in all 

22 States. 

23 ‘‘(c) TIER I ELIGIBILITY.—A State shall be eligible 

24 for an apportionment under subsection (b) if the State— 


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1 ‘‘(1) has an established a freight advisory com2 mittee in accordance with section 1117 of MAP–21 

3 (Public Law 112–141); 

4 ‘‘(2) developed any analyses or plans required 

5 for the completion of a State freight plan, as deter6 mined by the Secretary and in consultation with the 

7 Administrator of the Environmental Protection 

8 Agency in the case of environment goals and strate9 gies, in accordance with section 1118 of MAP–21 

10 (Public Law 112–141); 

11 ‘‘(3) has an approved State freight plan; 

12 ‘‘(4) has conducted a statewide analysis of 

13 freight needs and bottlenecks on all modes of trans14 portation, including intermodal and last mile needs; 

15 ‘‘(5) demonstrates use of the statewide analysis 

16 of freight needs in prioritizing projects in the State 

17 freight plan; 

18 ‘‘(6) demonstrates that the State will use the 

19 funding that it is apportioned under this paragraph 

20 for the highest priority projects identified in the 

21 freight investment plan described under section 1118 

22 of MAP–21 (Public Law 112–141); and 

23 ‘‘(7) demonstrates that the projects will use the 

24 strategies and contribute to the goals described in 

25 the State freight plan to decrease— 


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1 ‘‘(A) greenhouse gas emissions; 

2 ‘‘(B) local air pollution, including ozone 

3 and ozone precursors, nitrogen oxides, sulfur di4 oxide, particulate matter, carbon monoxide, and 

5 lead; 

6 ‘‘(C) water runoff and other adverse water 

7 impacts; and 

8 ‘‘(D) wildlife habitat loss. 

9 ‘‘(d) TIER II ELIGIBILITY.— 

10 ‘‘(1) WITHHOLDING.—The Secretary shall with11 hold 60 percent of the amount required to be appor12 tioned to a State under subsection (b) on October 1 

13 of a fiscal year if the State does not meet the re14 quirements of paragraph (2) on that date. 

15 ‘‘(2) TIER II REQUIREMENTS.—A State meets 

16 the requirements of this paragraph if the State— 

17 ‘‘(A) has met the eligibility criteria of sub18 section (c); 

19 ‘‘(B) has conducted, in cooperation with at 

20 least 1 other State, a multistate analysis of 

21 freight needs and bottlenecks on all modes of 

22 transportation, including intermodal and last 

23 mile needs along a multistate freight corridor; 

24 and 


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1 ‘‘(C) has developed, in cooperation with at 

2 least one other State or a relevant entity in 

3 Canada or Mexico, a regional freight investment 

4 plan that focuses on the end-to-end investment 

5 needs of critical multistate freight corridors 

6 based on the multistate analysis of freight 

7 needs and bottlenecks on all modes of transpor8 tation, including intermodal and last mile 

9 needs. 

10 ‘‘(3) PERIOD OF AVAILABILITY OF WITHHELD

11 FUNDS.—Any funds withheld from apportionment to 

12 a State under paragraph (1) shall remain available 

13 until the end of the fiscal year in which the funds 

14 are made available to the Secretary. 

15 ‘‘(4) APPORTIONMENT OF FUNDS WITHHELD

16 AFTER COMPLIANCE.—If, before the last day of the 

17 period for which funds withheld under paragraph (1) 

18 are to remain available for apportionment to a State 

19 under paragraph (3), the State meets the require20 ments of paragraph (2), the Secretary shall, on the 

21 first day that the State meets the requirements, ap22 portion to the State the funds withheld under para23 graph (1) that remain available for apportionment to 

24 the State. 


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1 ‘‘(5) EFFECT OF NONCOMPLIANCE.—Notwith2 standing the limitation of funding under section 

3 5507(k), if, at the end of the period for which funds 

4 withheld under paragraph (1) from apportionment 

5 are available for apportionment to a State under 

6 paragraph (3), the State does not meet the require7 ments of paragraph (2), the funds shall be available 

8 to the Secretary for making grants under the Na9 tional Freight Competitive Grant Program estab10 lished under section 5507. 

11 ‘‘(e) PERIOD OF AVAILABILITY.—Any funds appor12 tioned to a State under subsection (c) and (d)(4) shall 

13 remain available for expenditure until the last day of the 

14 third fiscal year following the fiscal year in which the 

15 funds are so apportioned. Notwithstanding the limitation 

16 of funding under section 5507(k), funds not obligated at 

17 the end of that period shall be available to the Secretary 

18 for making grants under the National Freight Competitive 

19 Grant Program established under section 5507. 

20 ‘‘(f) ELIGIBLE USES.—A State may use funds appor21 tioned under this section only for— 

22 ‘‘(1) the development of corridor freight plans 

23 or regional freight plans; or 

24 ‘‘(2) one or more phases of capital projects, 

25 equipment, or operational improvements on roads, 


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1 rails, landside infrastructure on ports and airports, 

2 and intermodal connectors included in a State 

3 freight plan for projects that— 

4 ‘‘(A) maintain or improve the efficiency 

5 and reliability of freight supply chains; 

6 ‘‘(B) demonstrate public freight benefits; 

7 ‘‘(C) improve modal components of a 

8 multimodal corridor that is critical to a State or 

9 region; 

10 ‘‘(D) address freight needs to facilitate a 

11 regionally or nationally significant economic de12 velopment issue; 

13 ‘‘(E) in accordance with the State freight 

14 plan, decrease— 

15 ‘‘(i) greenhouse gas emissions; 

16 ‘‘(ii) local air pollution, including 

17 ozone and ozone precursors, nitrogen ox18 ides, sulfur dioxide, particulate matter, 

19 carbon monoxide, and lead; 

20 ‘‘(iii) water runoff and other adverse 

21 water impacts; and 

22 ‘‘(iv) wildlife habitat loss; 

23 ‘‘(F) are multimodal, multi-jurisdictional, 

24 or corridor-based and address freight needs; 


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1 ‘‘(G) relieve freight or non-freight access, 

2 congestion, or safety issues; 

3 ‘‘(H) mitigate the adverse impact of 

4 freight movement on communities traversed by 

5 freight railroads, such as through grade separa6 tions; or 

7 ‘‘(I) address first and last mile connectors. 

8 ‘‘(g) FEDERAL SHARE.—The Federal share of the 

9 cost of a project carried out by a State using funds appor10 tioned under this section may not be more than 80 per11 cent. 

12 ‘‘(h) LIMITATION ON FUNDING.—The Secretary shall 

13 make available not more than $4,000,000,000 per fiscal 

14 year from the Freight Trust Fund established under sec15 tion 6 of the Economy in Motion: The National 

16 Multimodal and Sustainable Freight Infrastructure Act to 

17 carry out this section. 

18 ‘‘(i) ADMINISTRATION AND OVERSIGHT COSTS.—The 

19 Secretary may retain up to one-half of 1 percent of the 

20 amounts available to carry out this section for each fiscal 

21 year for the cost of administration and oversight of 

22 projects funded under this section. 

23 ‘‘(j) DATE AVAILABLE FOR OBLIGATION.—Amounts 

24 from the Freight Trust Fund made available to a State 


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1 under this section shall be available for obligation on Octo2 ber 1 of the fiscal year for which they are apportioned. 

3 ‘‘(k) DEFINITIONS.— 

4 ‘‘(1) STATE.—In this section, the term ‘State’ 

5 means each of the 50 States, the District of Colum6 bia, and Puerto Rico. 

7 ‘‘(2) STATE FREIGHT PLAN.—The term ‘State 

8 freight plan’ means the State freight plan described 

9 under section 1118 of MAP–21 (Public Law 112– 

10 141). 

11 ‘‘§ 5507. National Freight Infrastructure Competitive 

12 Grant Program 

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab14 lish a National Freight Infrastructure Competitive Grant 

15 Program under which the Secretary may make grants, on 

16 a competitive basis, to designated entities for eligible 

17 projects to improve the efficiency and reliability of freight 

18 movement in the United States. 

19 ‘‘(b) PROJECT GOALS.—In carrying out the Program, 

20 the Secretary shall prioritize projects that— 

21 ‘‘(1) improve the efficiency and reliability of 

22 freight transportation; 

23 ‘‘(2) reduce the cost of freight transportation; 

24 ‘‘(3) improve the safety of freight transpor25 tation; 


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1 ‘‘(4) relieve bottlenecks in the freight transpor2 tation system; 

3 ‘‘(5) improve the state of good repair of the 

4 freight transportation system; and 

5 ‘‘(6) use the environmental strategies to meet 

6 the goals described in the State freight plan and re7 duce the adverse environmental and community im8 pacts of freight transportation. 

9 ‘‘(c) GRANT APPLICATIONS.—To be eligible to receive 

10 a grant under the Program a designated entity shall sub11 mit to the Secretary an application at such time, in such 

12 form, and containing such information as the Secretary 

13 may require. 

14 ‘‘(d) ELIGIBLE PROJECT.—A project is eligible for a 

15 grant under the Program only if the Secretary determines 

16 that the project— 

17 ‘‘(1) is a capital investment project for a trans18 portation infrastructure facility significantly used for 

19 the movement of freight, including— 

20 ‘‘(A) a road, rail, air, or water facility; 

21 ‘‘(B) an intermodal facility such as a sea22 port or port on the inland waterway system, an 

23 airport, or a highway and rail intermodal facil24 ity; 


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1 ‘‘(C) a facility related to an international 

2 border crossing; or 

3 ‘‘(D) is for an operational improvement or 

4 equipment of a facility described in this para5 graph; 

6 ‘‘(2) will help to achieve the goals set out in 

7 subsection (b), except that in the case of any envi8 ronmental strategies and goals, the Secretary shall 

9 make a determination in consultation with the Ad10 ministrator of the Environmental Protection Agency; 

11 ‘‘(3) has non-Federal source or sources of com12 mitted financing, along with any Federal funds, suf13 ficient to complete the project; 

14 ‘‘(4) has independent utility; 

15 ‘‘(5) is included in the State freight plan; and 

16 ‘‘(6) includes the development of project plans 

17 and analysis. 

18 ‘‘(e) GRANT CRITERIA.—The Secretary shall select 

19 eligible projects for funding based on the following cri20 teria: 

21 ‘‘(1) The extent to which the project is likely to 

22 advance the goals described in subsection (b). 

23 ‘‘(2) The likely benefits of the project relative 

24 to its costs. 


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1 ‘‘(3) The extent to which the project dem2 onstrates the use of innovative technology, strate3 gies, and practices. 

4 ‘‘(4) The extent to which the project dem5 onstrates effective reductions (in accordance with 

6 the State freight plan) in— 

7 ‘‘(A) greenhouse gas emissions; 

8 ‘‘(B) local air pollution, including ozone 

9 and ozone precursors, nitrogen oxides, sulfur di10 oxide, particulate matter, carbon monoxide, and 

11 lead; 

12 ‘‘(C) water runoff and other adverse water 

13 impacts; and 

14 ‘‘(D) wildlife habitat loss. 

15 ‘‘(5) The likely effect of the project on increas16 ing United States exports. 

17 ‘‘(6) The consistency of the project with the na18 tional freight strategic plan described under section 

19 5508. 

20 ‘‘(7) The extent to which the project leverages 

21 Federal funds by matching State, local, tribal, or 

22 private funds to the Federal funding requested 

23 under the Program. 

24 ‘‘(8) The extent to which funds for the project 

25 are not available from other Federal sources. 


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1 ‘‘(f) SPECIAL RULE.—A minimum of 5 percent of 

2 funds awarded under the Program for a fiscal year shall 

3 be provided to freight electrification demonstration 

4 projects, as defined by the Secretary of Transportation, 

5 in consultation with the Administrator of the Environ6 mental Protection Agency. 

7 ‘‘(g) RETROSPECTIVE ANALYSIS.—A grant agree8 ment made under the Program shall require that the re9 cipient collect data and report to the Secretary, at an ap10 propriate time as determined by the Secretary, on— 

11 ‘‘(1) the actual cost of constructing the project; 

12 ‘‘(2) the time required to complete the project 

13 and put it into service; 

14 ‘‘(3) the level of usage of the facility built or 

15 improved by the project; 

16 ‘‘(4) the benefits of the project, measured in a 

17 way that is consistent with the benefits that were es18 timated in the application for funding that was sub19 mitted to the Secretary; and 

20 ‘‘(5) any costs resulting from the project in ad21 dition to the costs of constructing the project. 

22 ‘‘(h) EPA REPORT.—A grant agreement made under 

23 the Program shall require that the recipient collect data 

24 and annually report to the Secretary and the Adminis25 trator of Environmental Protection Agency on progress 


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1 made toward greenhouse gas emission reductions and local 

2 air pollution reductions in fulfillment of the State freight 

3 plan. 

4 ‘‘(i) PERIOD OF AVAILABILITY.—In entering into 

5 agreements under this section, the Secretary shall ensure 

6 that any funds made available for a project that are not 

7 obligated or expended before the last day of the third fiscal 

8 year following the fiscal year in which the funds are made 

9 available are transferred back to the Secretary for making 

10 grants under the Program. 

11 ‘‘(j) FEDERAL SHARE.—The Federal share of the 

12 cost of a project for which a grant is made under the Pro13 gram, as estimated by the Secretary, shall be not more 

14 than 80 percent. 

15 ‘‘(k) ADMINISTRATION AND OVERSIGHT COSTS.— 

16 The Secretary may retain up to one-half of 1 percent of 

17 the amounts made available to carry out this section for 

18 each fiscal year for the cost of administration and over19 sight of projects funded under the Program. 

20 ‘‘(l) CONTRACT AUTHORITY.— 

21 ‘‘(1) DATE AVAILABLE FOR OBLIGATION.— 

22 Amounts from the Freight Trust Fund to carry out 

23 this Act shall be available for obligation on October 

24 1 of the fiscal year for which they are transferred 

25 to the Secretary. 


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1 ‘‘(2) GRANTS AS CONTRACTUAL OBLIGA2 TIONS.—A grant made under the Program is a con3 tractual obligation of the Government to pay the 

4 Federal share of the cost of the project. 

5 ‘‘(m) DEFINITIONS.—In this section: 

6 ‘‘(1) DESIGNATED ENTITY.—The term ‘des7 ignated entity’ means— 

8 ‘‘(A) a State; 

9 ‘‘(B) a unit of local government; 

10 ‘‘(C) a metropolitan planning organization; 

11 ‘‘(D) a public transportation authority (in12 cluding a port authority); 

13 ‘‘(E) a tribal government; or 

14 ‘‘(F) or a consortium of the entities de15 scribed in this paragraph. 

16 ‘‘(2) STATE.—The term ‘State’ has the mean17 ing given such term in section 101(a) of title 23. 

18 ‘‘(3) STATE FREIGHT PLAN.—The term ‘State 

19 freight plan’ means the State freight plan described 

20 under section 1118 of MAP–21 (Public Law 112– 

21 141). 

22 ‘‘§ 5508. National freight policy, network, plan, and 

23 data 

24 ‘‘(a) IN GENERAL.—It is the policy of the United 

25 States to improve the condition and performance of the 


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1 national freight system to ensure that the national freight 

2 system provides the foundation for the United States to 

3 compete in the global economy and achieve each goal de4 scribed in subsection (b). 

5 ‘‘(b) GOALS.—The goals of the national freight policy 

6 are— 

7 ‘‘(1) to increase the productivity and efficiency 

8 of the national freight system so as to enhance the 

9 economic competitiveness of the United States; 

10 ‘‘(2) to improve the safety, security, and resil11 ience of freight transportation; and 

12 ‘‘(3) to improve quality of life by reducing, 

13 eliminating or reversing adverse environmental and 

14 community impacts of freight projects and goods 

15 movement in the United States. 

16 ‘‘(c) NATIONAL FREIGHT SYSTEM DEFINED.—In 

17 this section, the term ‘national freight system’ means the 

18 publicly and privately owned transportation facilities that 

19 are used in transporting freight within the United States, 

20 including roads, railroads, ports, waterways, locks and 

21 dams, airports, airways, warehouses, distribution centers, 

22 and intermodal facilities. 

23 ‘‘(d) MULTIMODAL NATIONAL FREIGHT NET24 WORK.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish a multimodal national freight network in ac3 cordance with this section to inform public and pri4 vate planning, to prioritize for Federal investment, 

5 to aid the public and private sector in strategically 

6 directing resources, and to support Federal decision 

7 making to achieve the national freight policy goals 

8 set forth in subsection (b). 

9 ‘‘(2) NETWORK COMPONENTS.—The national 

10 freight network shall consist of such connectors, cor11 ridors, and facilities in all freight transportation 

12 modes as most critical to the current and future 

13 movement of freight within the national freight sys14 tem. 

15 ‘‘(3) INITIAL DESIGNATION OF THE NATIONAL

16 FREIGHT NETWORK.— 

17 ‘‘(A) DESIGNATION.—The Secretary shall 

18 designate a national freight network— 

19 ‘‘(i) using measurable data to assess 

20 the significance of goods movement, includ21 ing consideration of points of origin, des22 tination, and linking components of the 

23 United States global and domestic supply 

24 chains; 


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1 ‘‘(ii) fostering network connectivity; 

2 and 

3 ‘‘(iii) reflecting input collected from 

4 stakeholders through a public process, in5 cluding input from metropolitan planning 

6 organizations and States, to identify crit7 ical freight facilities that are vital links in 

8 national or regionally significant goods 

9 movement and supply chains. 

10 ‘‘(B) FACTORS FOR DESIGNATION.—In 

11 designating the national freight network, the 

12 Secretary may consider— 

13 ‘‘(i) volume, tonnage, and value of 

14 freight; 

15 ‘‘(ii) origins and destinations of 

16 freight movement in, to, and from the 

17 United States; 

18 ‘‘(iii) land and maritime ports of 

19 entry; 

20 ‘‘(iv) population centers; 

21 ‘‘(v) economic factors or other inputs 

22 determined to be relevant by the Secretary; 

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1 able congestion and delay in freight move2 ment; 

3 ‘‘(vii) facilities of future freight im4 portance based on input from stakeholders 

5 and analysis of projections for future 

6 growth and changes to the freight system; 

7 and 

8 ‘‘(viii) elements of the freight system 

9 identified and documented by a metropoli10 tan planning organization and State using 

11 national or local data as having critical 

12 freight importance to the region. 

13 ‘‘(4) REDESIGNATION OF THE NATIONAL

14 FREIGHT NETWORK.—Not later than 5 years after 

15 the designation of the national freight network 

16 under paragraph (2) and every 5 years thereafter, 

17 using the designation factors described in paragraph 

18 (1), the Secretary shall redesignate the national 

19 freight network. 

20 ‘‘(e) NATIONAL FREIGHT STRATEGIC PLAN.— 

21 ‘‘(1) ESTABLISHMENT OF PLAN.—Not later 

22 than October 1, 2015, the Secretary shall, in con23 sultation with the Secretary of Homeland Security, 

24 Secretary of Commerce, Assistant Secretary of the 

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1 vironmental Protection Agency, State departments 

2 of transportation, and other appropriate public and 

3 private transportation stakeholders, develop, main4 tain, and post on the Department of Transportation 

5 public website a national freight strategic plan that 

6 includes— 

7 ‘‘(A) an assessment of the condition and 

8 performance of the national freight system; 

9 ‘‘(B) an identification of bottlenecks on the 

10 national freight system that create significant 

11 freight congestion problems, based on a quan12 titative methodology developed by the Secretary, 

13 which shall, at a minimum, include— 

14 ‘‘(i) information from the Freight 

15 Analysis Framework of the Federal High16 way Administration; and 

17 ‘‘(ii) to the maximum extent prac18 ticable, an estimate of the cost of address19 ing each bottleneck and any operational 

20 improvements that could be implemented; 

21 ‘‘(C) forecasts of freight volumes for 10- 

22 year and 20-year periods beginning in the year 

23 during which the plan is issued; 

24 ‘‘(D) an identification of major trade gate25 ways and national freight corridors that connect 


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1 major population centers, trade gateways, and 

2 other major freight generators for current and 

3 forecasted traffic and freight volumes, the iden4 tification of which shall be revised, as appro5 priate, in subsequent plans; 

6 ‘‘(E) an assessment of statutory, regu7 latory, technological, institutional, financial, 

8 and other barriers to improved freight transpor9 tation performance (including opportunities for 

10 overcoming the barriers); 

11 ‘‘(F) an identification of routes providing 

12 access to energy exploration, development, in13 stallation, or production areas; 

14 ‘‘(G) best practices for improving the per15 formance of the national freight system; 

16 ‘‘(H) best practices for addressing the im17 pacts of freight movement on communities; 

18 ‘‘(I) a process for addressing multistate 

19 projects and encouraging jurisdictions to col20 laborate; and 

21 ‘‘(J) strategies to improve freight 

22 connectivity between modes of transportation. 

23 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA24 TEGIC PLAN.—Not later than 5 years after the date 

25 of completion of the first national freight strategic 


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1 plan under paragraph (1), and every 5 years there2 after, the Secretary shall update and repost on the 

3 Department of Transportation public website a re4 vised national freight strategic plan. 

5 ‘‘(f) FREIGHT TRANSPORTATION CONDITIONS AND

6 PERFORMANCE REPORTS.—Not later than October 1, 

7 2015, and biennially thereafter, the Secretary shall pre8 pare a report that contains a description of the conditions 

9 and performance of the national freight system in the 

10 United States. 

11 ‘‘(g) TRANSPORTATION INVESTMENT DATA AND

12 PLANNING TOOLS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall develop 

14 new tools and improve existing tools to support an 

15 outcome-oriented, performance-based approach to 

16 evaluate proposed freight-related and other transpor17 tation projects, including— 

18 ‘‘(A) methodologies for systematic analysis 

19 of benefits and costs; 

20 ‘‘(B) freight forecasting models; 

21 ‘‘(C) tools for ensuring that the evaluation 

22 of freight-related and other transportation 

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1 tem condition in the project selection process; 

2 and 

3 ‘‘(D) other elements to assist in effective 

4 transportation planning. 

5 ‘‘(2) FREIGHT DATA.—In support of these 

6 tools, and to support a broad range of evaluation 

7 methods and techniques to assist in making trans8 portation investment decisions, the Secretary shall— 

9 ‘‘(A) direct the collection of appropriate 

10 transportation-related data, including data to 

11 measure the condition and performance of the 

12 national freight system; and 

13 ‘‘(B) consider any improvements to exist14 ing freight data collection efforts that could re15 duce identified freight data gaps and defi16 ciencies and help improve forecasts of freight 

17 transportation demand. 

18 ‘‘(3) CONSULTATION.—The Secretary shall con19 sult with Federal, State, and other stakeholders to 

20 develop, improve, and implement the tools and col21 lect the data identified pursuant to this subsection. 

22 ‘‘(4) MULTIMODAL FREIGHT MEASURE.—The 

23 Secretary shall evaluate the analyses and plans re24 quired under section 5506(c)(2) and consider devel25 opment of a national performance measure to assess 


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1 the efficiency of the multimodal freight network in 

2 accordance with the national freight strategic plan.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) TABLE OF SECTIONS.—The table of sections 

5 for chapter 55 of title 49, United States Code, is 

6 amended by adding after the item related to section 

7 5505 the following: 

‘‘5506. Multimodal Freight Funding Formula Program. 

‘‘5507. National Freight Infrastructure Competitive Grant Program. 

‘‘5508. National freight policy, network, plan, and data.’’. 

8 (2) REPEAL.—Section 167 of title 23, United 

9 States Code, is repealed. 

10 (3) CROSS-REFERENCE.—Section 505(a)(3) of 

11 title 23, United States Code, is amended by striking 

12 ‘‘149, and 167’’ and inserting ‘‘and 149, and section 

13 5405 of title 49’’. 

14 SEC. 3. STATE FREIGHT ADVISORY COMMITTEE. 

15 Section 1117 of MAP–21 (Public Law 112–141) is 

16 amended to read as follows: 

17 ‘‘SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. 

18 ‘‘(a) IN GENERAL.—The Secretary shall encourage 

19 each State to establish and maintain a freight advisory 

20 committee consisting of a representative cross-section of 

21 public and private sector freight entities, including— 

22 ‘‘(1) any modes of freight transportation active 

23 in the State, including airports, highways, ports, and 

24 rail; 


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1 ‘‘(2) shippers; 

2 ‘‘(3) carriers; 

3 ‘‘(4) freight-related associations; 

4 ‘‘(5) the freight industry workforce; 

5 ‘‘(6) the transportation department of the 

6 State; 

7 ‘‘(7) metropolitan planning organizations; 

8 ‘‘(8) local governments; 

9 ‘‘(9) the environmental protection department 

10 of the State, if applicable; and 

11 ‘‘(10) the air resources board of the State, if 

12 applicable. 

13 ‘‘(b) QUALIFICATIONS.—Members of a committee es14 tablished under subsection (a) shall be widely recognized 

15 to have qualifications sufficient to represent the interests 

16 of their specific stakeholder group, including— 

17 ‘‘(1) a general business and financial experi18 ence; 

19 ‘‘(2) experience or qualifications in the areas 

20 freight transportation and logistics; 

21 ‘‘(3) experience in transportation planning; 

22 ‘‘(4) experience representing employees of the 

23 freight industry; or 

24 ‘‘(5) experience representing a State, local gov25 ernment, or metropolitan planning organization. 


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1 ‘‘(c) ROLES OF COMMITTEE.—The freight advisory 

2 committee shall— 

3 ‘‘(1) advise the State on freight-related prior4 ities, issues, projects, and funding needs; 

5 ‘‘(2) serve as a forum for discussion for State 

6 transportation decisions affecting freight mobility; 

7 ‘‘(3) communicate and coordinate regional pri8 orities with other organizations; 

9 ‘‘(4) promote the sharing of information be10 tween the private and public sectors on freight 

11 issues; 

12 ‘‘(5) participate in the development of the State 

13 freight plan under section 1118, including advising 

14 on the development of the freight investment plan; 

15 and 

16 ‘‘(6) approve the State freight plan under sec17 tion 1118, including the freight investment plan.’’. 

18 SEC. 4. STATE FREIGHT PLANS. 

19 Section 1118 of MAP–21 (Public Law 112–141) is 

20 amended to read as follows: 

21 ‘‘SEC. 1118. STATE FREIGHT PLANS. 

22 ‘‘(a) IN GENERAL.—The Secretary shall encourage 

23 each State to develop a freight plan that provides a 

24 multimodal, comprehensive plan for the immediate and 

25 long-range planning activities and investments of the 


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1 State with respect to freight. The freight plan shall include 

2 a strategic, long-term component and a tactical, short3 term component. 

4 ‘‘(b) PLAN CONTENTS.—The freight plan described 

5 in subsection (a) shall consider all modes of freight trans6 portation in the State and include, at a minimum— 

7 ‘‘(1) an identification of significant freight sys8 tem trends, needs, and issues with respect to a 

9 State; 

10 ‘‘(2) a description of the freight policies, strate11 gies, and performance measures that will guide the 

12 freight-related transportation investment decisions of 

13 the State; 

14 ‘‘(3) a description of how the plan will improve 

15 the ability of the State to meet the national freight 

16 goals established under section 5508 of title 49, 

17 United States Code; 

18 ‘‘(4) evidence of consideration of innovative 

19 technologies and operational strategies, including in20 telligent transportation systems, that improve the 

21 safety and efficiency of freight movement; 

22 ‘‘(5) in the case of routes on which travel of 

23 heavy vehicles (including mining, agricultural, en24 ergy cargo or equipment, and timber vehicles) is pro25 jected to substantially deteriorate the condition of 


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1 the roadways, a description of improvements that 

2 may be required to reduce or impede the deteriora3 tion; 

4 ‘‘(6) an inventory of facilities with freight mo5 bility issues, such as truck bottlenecks, within the 

6 State, and a description of the strategies the State 

7 is employing to address those freight mobility issues; 

8 ‘‘(7) strategies and goals to decrease— 

9 ‘‘(A) greenhouse gas emissions; 

10 ‘‘(B) local air pollution, including ozone 

11 and ozone precursors, nitrogen oxides, sulfur di12 oxide, particulate matter, carbon monoxide, and 

13 lead; 

14 ‘‘(C) water runoff and other adverse water 

15 impacts; and 

16 ‘‘(D) wildlife habitat loss; and 

17 ‘‘(8) a freight investment plan that includes a 

18 list of projects in order of priority and describes how 

19 multimodal freight investment funds under the 

20 Economy in Motion: The National Multimodal and 

21 Sustainable Freight Infrastructure Act would be in22 vested and matched. 

23 ‘‘(c) REQUIREMENT OF ANTICIPATED FULL FUND24 ING.—The freight investment plan required under sub25 section (b)(8) may only include a project, or an identified 


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1 phase of a project, if funding for completion of the project 

2 can reasonably be anticipated to be available for the 

3 project within the time period identified in the freight in4 vestment plan. 

5 ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—The 

6 freight plan described in subsection (a) may be developed 

7 separate from, or incorporated into, the long-range state8 wide transportation plan required under section 135(f) of 

9 title 23, United States Code. 

10 ‘‘(e) CERTIFICATION.—The Secretary shall approve a 

11 freight plan if such plan meets the requirements of this 

12 section and is consistent with the National freight stra13 tegic plan described in section 5508 of title 49, United 

14 States Code. The Secretary, in consultation with the Ad15 ministrator of the Environmental Protection Agency shall 

16 certify any environmental goal or strategy provisions of 

17 the plan. 

18 ‘‘(f) FORECAST PERIOD.—The freight plan described 

19 in subsection (a) shall address a 10-year and 20-year fore20 cast period. 

21 ‘‘(g) UPDATES.—A State shall update the freight 

22 plan at least every 5 years.’’. 


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1 SEC. 5. FREIGHT TRUST FUND. 

2 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

3 Internal Revenue Code of 1986 is amended by adding at 

4 the end the following new section: 

5 ‘‘SEC. 9512. FREIGHT TRUST FUND. 

6 ‘‘(a) CREATION OF TRUST FUND.—There is estab7 lished in the Treasury of the United States a trust fund 

8 to be known as the ‘Freight Trust Fund’ (hereinafter in 

9 this section referred to as the ‘Fund’) consisting of such 

10 amounts as may be appropriated or credited to such Fund 

11 as provided in this section or section 9602(b). 

12 ‘‘(b) TRANSFERS TO THE FUND.—There are hereby 

13 appropriated to the Fund amounts equivalent to taxes re14 ceived in the Treasury under section 4286. 

15 ‘‘(c) EXPENDITURES FROM FUND.—Amounts in the 

16 Fund shall be made available to the Secretary of Trans17 portation on October 1 of each fiscal year without further 

18 appropriation for making expenditures to meet the obliga19 tions of the United States to carry out sections 5506 and 

20 5507 of title 49, United States Code, not more than 1 

21 percent of which for any fiscal year may be used for ad22 ministrative expenses.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for subchapter A of chapter 98 of the Internal Revenue 


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1 Code of 1986 is amended by adding at the end the fol2 lowing new item: 

‘‘Sec. 9512. Freight Trust Fund.’’. 

3 SEC. 6. FREIGHT MOBILITY INFRASTRUCTURE TAX. 

4 (a) IMPOSITION OF TAX.—Chapter 33 of the Internal 

5 Revenue Code of 1986 is amended by adding after sub6 chapter C the following new subchapter: 

7 ‘‘Subchapter D—Transportation by Freight 

8 and Highway 

‘‘Sec. 4286. Imposition of tax. 

9 ‘‘SEC. 4286. IMPOSITION OF TAX. 

10 ‘‘(a) IN GENERAL.—There is hereby imposed upon 

11 taxable ground transportation of property within the 

12 United States a tax equal to 1 percent of the amount paid 

13 for such transportation. 

14 ‘‘(b) BY WHOM PAID.— 

15 ‘‘(1) IN GENERAL.—Except as provided by 

16 paragraph (2), the tax imposed by subsection (a) 

17 shall be paid— 

18 ‘‘(A) by the person making the payment 

19 subject to tax, or 

20 ‘‘(B) in the case of transportation by a re21 lated person, by the person for whom such 

22 transportation is made. 

23 ‘‘(2) PAYMENTS MADE OUTSIDE THE UNITED

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1 section (a) is made outside the United States and 

2 the person making such payment does not pay such 

3 tax, such tax— 

4 ‘‘(A) shall be paid by the person to whom 

5 the property is delivered in the United States 

6 after the final segment of transportation in the 

7 United States, and 

8 ‘‘(B) shall be collected by the person fur9 nishing the last segment of such transportation. 

10 ‘‘(3) DETERMINATIONS OF AMOUNTS PAID IN

11 CERTAIN CASES.—For purposes of this section, rules 

12 similar to the rules of section 4271(c) shall apply. 

13 ‘‘(c) TRANSPORTATION BY RELATED PERSONS.—In 

14 the case of transportation of property by the taxpayer or 

15 a person related to the taxpayer, the fair market value 

16 of such transportation shall be the amount which would 

17 be paid for transporting such property if such property 

18 were transported by an unrelated person, determined on 

19 an arms’ length basis. 

20 ‘‘(d) DEFINITIONS.—For purposes of this sub21 chapter— 

22 ‘‘(1) TAXABLE GROUND TRANSPORTATION.— 

23 ‘‘(A) IN GENERAL.—The term ‘taxable 

24 ground transportation’ means transportation of 

25 property by— 


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1 ‘‘(i) freight rail, or 

2 ‘‘(ii) commercial motor vehicle (as de3 fined in section 31101(1) of title 49, 

4 United States Code) for a distance of more 

5 than 50 miles. 

6 ‘‘(B) PASSENGER BAGGAGE EXCLUDED.— 

7 For purposes of subparagraph (A), the term 

8 ‘property’ does not include baggage accom9 panying a passenger traveling on an established 

10 line. 

11 ‘‘(2) RELATED PERSON.—A person (hereinafter 

12 in this paragraph referred to as the ‘related person’) 

13 is related to any person if— 

14 ‘‘(A) the related person bears a relation15 ship to such person specified in section 267(b) 

16 or 707(b)(1), or 

17 ‘‘(B) the related person and such person 

18 are engaged in trades or businesses under com19 mon control (within the meaning of subsections 

20 (a) and (b) of section 52). 

21 For purposes of the preceding sentence, in applying 

22 sections 267(b) and 707(b)(1), ‘10 percent’ shall be 

23 substituted for ‘50 percent’ each place it appears. 

24 ‘‘(e) TRANSFER OF AMOUNTS EQUIVALENT TO TAX

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1 priated to the Freight Trust Fund amounts equivalent to 

2 the taxes received in the Treasury under subsection (a). 

3 ‘‘(f) EXEMPTION FOR UNITED STATES AND POSSES4 SIONS AND STATE AND LOCAL GOVERNMENTS.—The tax 

5 imposed by subsection (a) shall not apply to the transpor6 tation of property purchased for the exclusive use of the 

7 United States, or any State or political subdivision there8 of.’’. 

9 (b) CREDITS OR REFUNDS TO PERSONS WHO COL10 LECTED CERTAIN TAXES.—Section 6415 of such Code is 

11 amended by striking ‘‘or 4271’’ each place it appears and 

12 inserting ‘‘4271, or 4286’’. 

13 (c) REGULATIONS.—Not later than 180 days after 

14 the date of the enactment of this Act, the Secretary of 

15 the Treasury shall issue regulations to carry out the 

16 amendments made by this section. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to transportation beginning on or 

19 after the last day of the 180-day period beginning on the 

20 date of the issuance of regulations under subsection (c). 

Æ 


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