I 
111TH CONGRESS 
2D SESSION 
H. R. 5976 
To improve the efficiency, operation, and security of the national transpor-
tation system to move freight by leveraging investments and promoting 
partnerships that advance interstate and foreign commerce, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2010 
Mr. SIRES (for himself, Ms. RICHARDSON, Mr. COHEN, and Mr. SMITH of 
Washington) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Focusing Resources, Economic Investment, and Guid-
ance to Help Transportation Act of 2010’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
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 data and planning tools. 
TITLE II—FREIGHT TRANSPORTATION INVESTMENT 
Sec. 201. National freight infrastructure investment grants. 
Sec. 202. Port infrastructure development initiative. 
TITLE I—FREIGHT TRANSPOR-
TATION POLICY AND STRA-
TEGIC DEVELOPMENT 
SEC. 101. FEDERAL GOVERNMENT ROLE IN FREIGHT 
TRANSPORTATION. 
(a) IN GENERAL.—Subchapter I of chapter 3 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 310. National freight transportation policy 
‘‘(a) NATIONAL FREIGHT TRANSPORTATION POL-
ICY.—It is the policy of the United States to improve the 
efficiency, operation, and security of the national trans-
portation system to move freight by leveraging invest-
ments and promoting partnerships that advance interstate 
and foreign commerce, promote economic competitiveness 
and job creation, improve the safe and efficient mobility 
of goods, and protect the public health and the environ-
ment. 
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‘‘(b) OBJECTIVES.—The objectives of the policy 
are— 
‘‘(1) to target investment in freight transpor-
tation projects that strengthen the economic com-
petitiveness of the United States with a focus on do-
mestic industries and businesses and the creation of 
high-value jobs; 
‘‘(2) to promote and advance energy conserva-
tion and the environmental sustainability of freight 
movements; 
‘‘(3) to facilitate and advance the safety and 
health of the public, including communities adjacent 
to freight movements; 
‘‘(4) to provide for systematic and balanced in-
vestment to improve the overall performance and re-
liability of the national transportation system to 
move freight, including ensuring trade facilitation 
and transportation system improvements are mutu-
ally supportive; 
‘‘(5) to promote partnerships between Federal, 
State, and local governments, the private sector, and 
other transportation stakeholders to leverage invest-
ments in freight transportation projects; and 
‘‘(6) to encourage adoption of operational poli-
cies, such as intelligent transportation systems, to 
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improve the efficiency of freight-related transpor-
tation movements and infrastructure. 
‘‘(c) GOALS.— 
‘‘(1) IN
GENERAL.—The goals of the policy 
are— 
‘‘(A) to reduce transportation infrastruc-
ture-related delays of goods and commodities 
entering into and out of international points of 
entry on an annual basis; 
‘‘(B) to increase travel time reliability on 
major freight corridors that connect major pop-
ulation centers to freight generators and inter-
national gateways on an annual basis; 
‘‘(C) to reduce by 10 percent the number 
of freight transportation-related fatalities by 
2015; 
‘‘(D) to reduce national freight transpor-
tation-related carbon dioxide levels by 40 per-
cent by 2030; and 
‘‘(E) to reduce freight transportation-re-
lated air, water, and noise pollution and im-
pacts on ecosystems and communities on an an-
nual basis. 
‘‘(2) BASELINES.—Not later than 2 years after 
the date of enactment of the Focusing Resources, 
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Economic Investment, and Guidance to Help Trans-
portation Act of 2010, the Secretary shall develop 
baselines for the goals and shall determine appro-
priate methods of data collection to measure the at-
tainment of the goals, utilizing the tools and data 
developed under section 103 of that Act. 
‘‘(3) AUTHORITY.—Notwithstanding any other 
provision of law in effect as of the date of enactment 
of the Focusing Resources, Economic Investment, 
and Guidance to Help Transportation Act of 2010, 
the Secretary may, through a process of public no-
tice and comment and with reasonable prior notice 
to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives 
Committee on Transportation and Infrastructure 
preceding any significant change, consistent with the 
public interest, amend the goals under this sub-
section or develop additional goals to effectively meet 
the policy and objectives set forth in this section.’’. 
(b) CONFORMING AMENDMENTS.—The table of con-
tents for chapter 3 of title 49, United States Code, is 
amended by inserting after the item relating to section 
309 the following: 
‘‘310. National freight transportation policy.’’. 
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SEC. 102. OFFICE OF FREIGHT PLANNING AND DEVELOP-
MENT. 
(a) IN GENERAL.—Section 102 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) OFFICE OF FREIGHT PLANNING AND DEVELOP-
MENT.— 
‘‘(1) ESTABLISHMENT.—There is established 
within the Office of the Secretary an Office of 
Freight Planning and Development. The Office 
shall— 
‘‘(A) coordinate investment of Federal 
funding to improve the efficiency of the national 
transportation system to move freight con-
sistent with the policy, objectives, and goals of 
section 310; 
‘‘(B) facilitate communication among gov-
ernment, public, and private freight transpor-
tation stakeholders; 
‘‘(C) support the Secretary in the develop-
ment of the National Freight Transportation 
Strategic Plan; and 
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‘‘(D) carry out other duties, as prescribed 
by the Secretary. 
‘‘(2) ORGANIZATION.—The head of the Office 
shall be the Assistant Secretary of Freight Planning 
and Development. 
‘‘(3) NATIONAL
FREIGHT
TRANSPORTATION 
STRATEGIC PLAN.— 
‘‘(A) DEVELOPMENT.—Not later than 2 
years after the date of enactment of the Focus-
ing Resources, Economic Investment, and Guid-
ance to Help Transportation Act of 2010, the 
Secretary shall develop a long-term National 
Freight Transportation Strategic Plan to guide 
planning and investments in the national trans-
portation system to move freight to achieve the 
policy, objectives, and goals set forth in section 
310. 
‘‘(B) CONTENTS.—The Plan shall in-
clude— 
‘‘(i) an assessment of the current na-
tional transportation system to move 
freight and the system’s ability to achieve 
the policy, objectives, and goals set forth in 
section 310; 
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‘‘(ii) an analysis of emerging and 
long-term projected trends in economic and 
national trade policies, public health, and 
environmental conditions that will impact 
the performance, needs, and uses of the 
national transportation system to move 
freight; 
‘‘(iii) a description of the major chal-
lenges to effectively meeting the policy, ob-
jectives, and goals set forth in section 310 
and a plan to address such challenges; 
‘‘(iv) a proposed investment plan to 
develop priorities for Federal investments 
to implement the policy, objectives, and 
goals in section 310 and a strategy to de-
velop the coalitions, partnerships, and 
other collaborative financing efforts nec-
essary to ensure stable, reliable funding 
and completion of freight corridors and 
projects; 
‘‘(v) guidelines to encourage the ap-
propriate balance of means to finance the 
national transportation system to move 
freight to implement the Plan and the in-
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vestment plan proposed under clause (iv); 
and 
‘‘(vi) a list of priority freight corridors 
and gateways to be improved and devel-
oped to meet the policy, objectives, and 
goals set forth in section 310. 
‘‘(C) PLAN DEVELOPMENT.—In developing 
the Plan, the Secretary shall— 
‘‘(i) consult with appropriate Federal 
agencies, State, local, and tribal govern-
ments, public and private transportation 
stakeholders, organizations representing 
transportation employees, appropriate for-
eign governments, and other interested 
parties; 
‘‘(ii) consider ongoing Federal, State, 
and corridor-wide transportation plans; 
‘‘(iii) provide for public notice and 
comment, including public hearings; and 
‘‘(iv) as appropriate, establish advi-
sory committees to assist with developing 
the Plan. 
‘‘(D) SUBMISSION
AND
PUBLICATION.— 
Upon completion of the Plan, the Secretary 
shall— 
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‘‘(i) post it on the Department of 
Transportation’s public Web site; and 
‘‘(ii) submit it to the Senate Com-
mittee on Commerce, Science, and Trans-
portation, the Senate Committee on Appro-
priations, the House of Representatives 
Committee on Transportation and Infra-
structure, and the House of Representa-
tives Committee on Appropriations. 
‘‘(E) IMPLEMENTATION.—Notwithstanding 
any other provision of law in effect on the date 
of enactment of the Focusing Resources, Eco-
nomic Investment, and Guidance to Help 
Transportation Act of 2010, the Secretary 
shall— 
‘‘(i) implement the Plan consistent 
with sections 302, 5503, 10101, and 
13101 of this title and section 101 of title 
23 to the extent that such sections do not 
conflict with the policy, objectives, and 
goals established by section 310; 
‘‘(ii) review and revise as necessary all 
relevant freight transportation planning re-
quirements to ensure that such require-
ments require that regional, State, and 
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local surface transportation planning ef-
forts funded with Federal funds are con-
sistent with the policy, objectives, and 
goals established by section 310; and 
‘‘(iii) require recipients of Federal 
noncompetitively awarded transportation 
funds and competitively awarded freight- 
related grant funds to submit a com-
prehensive annual report on the use of 
such funds used for freight projects, in-
cluding a description of— 
‘‘(I) which projects and priorities 
were funded with such funds; 
‘‘(II) the rationale and method 
employed for apportioning such funds 
to the projects and priorities; and 
‘‘(III) how the obligation of such 
funds is consistent with or advances 
the policy and objectives established 
by section 310 and the Plan. 
‘‘(F) PROGRESS REPORTS.—The Secretary 
shall submit biennial progress reports on the 
implementation of the Plan beginning 2 years 
after the date on which the Secretary posts the 
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completed Plan on the Department’s Web site. 
The progress reports shall— 
‘‘(i) describe progress made toward 
fully implementing the Plan and achieving 
the policy, objectives, and goals established 
under section 310; 
‘‘(ii) describe challenges and obstacles 
to full implementation; 
‘‘(iii) describe updates to the Plan 
necessary to reflect changed circumstances 
or new developments; and 
‘‘(iv) make policy and legislative rec-
ommendations the Secretary believes are 
necessary and appropriate to fully imple-
ment the Plan. 
‘‘(G) DATA.—The Secretary may conduct 
studies, gather information, and require the 
production of data necessary to develop or up-
date the Plan. 
‘‘(H) FUNDING.—There is authorized to be 
appropriated to the Secretary of Transportation 
$3,000,000 to implement this subsection.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 102(e) of title 49, United States 
Code, is amended by striking ‘‘4’’ and inserting ‘‘5’’. 
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(2) Section 5315 of title 5, United States Code, 
is amended by striking ‘‘(4)’’ in the item relating to 
Assistant Secretaries of Transportation and insert-
ing ‘‘(5)’’. 
SEC. 103. TRANSPORTATION INVESTMENT DATA AND PLAN-
NING TOOLS. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary shall— 
(1) develop new tools or improve existing tools 
to support an outcome-oriented, performance-based 
approach to evaluate proposed freight-related and 
other transportation projects. These new or im-
proved tools shall include— 
(A) a systematic cost-benefit analysis; 
(B) an evaluation of external effects on 
congestion, pollution, the environment, and the 
public health; 
(C) a valuation of modal alternatives; and 
(D) other elements to assist in effective 
transportation planning; and 
(2) facilitate the collection of transportation-re-
lated data to support a broad range of evaluation 
methods and techniques such as demand forecasts, 
modal diversion forecasts, estimates of the effect of 
proposed investments on congestion, pollution, public 
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health, and other factors, to assist in making trans-
portation investment decisions. At a minimum, the 
Secretary, in consultation with other relevant Fed-
eral agencies, shall consider any improvements to 
the Commodity Flow Survey that reduce identified 
freight data gaps and deficiencies and help evaluate 
forecasts of transportation demand. 
(b) CONSULTATION.—To the extent practicable, the 
Secretary shall consult with Federal, State, and local 
transportation planners to develop, improve, and imple-
ment the tools and collect the data in subsection (a). 
TITLE II—FREIGHT 
TRANSPORTATION INVESTMENT 
SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVEST-
MENT GRANTS. 
(a) ESTABLISHMENT OF PROGRAM.—Chapter 55 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘SUBCHAPTER III—FINANCIAL ASSISTANCE 
‘‘§ 5581. National freight infrastructure investment 
grants 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Transportation shall establish a competitive grant pro-
gram to provide financial assistance for capital invest-
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ments that improve the efficiency of the national transpor-
tation system to move freight. 
‘‘(b) ELIGIBLE PROJECTS.—An applicant is eligible 
for a grant under this section for— 
‘‘(1) a port development or improvement 
project; 
‘‘(2) a multimodal terminal facility project; 
‘‘(3) a land port of entry project; 
‘‘(4) a freight rail improvement or capacity ex-
pansion project; 
‘‘(5) 
an 
intelligent 
transportation 
system 
project primarily for freight benefit that reduces 
congestion or improves safety; 
‘‘(6) a project that improves access to a port or 
terminal facility; or 
‘‘(7) planning, preparation, or design of any 
project described in paragraph (1), (2), (3), (4), (5), 
or (6). 
‘‘(c) PROJECT
SELECTION
CRITERIA.—In deter-
mining whether to award a grant to an eligible applicant 
under this section, the Secretary shall consider the extent 
to which the project— 
‘‘(1) supports the objectives of the National 
Freight Transportation Strategic Plan developed 
under section 102(h)(3); 
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‘‘(2) leverages Federal investment by encour-
aging non-Federal contributions to the project, in-
cluding contributions from public-private partner-
ships; 
‘‘(3) improves the mobility of goods and com-
modities; 
‘‘(4) incorporates new and innovative tech-
nologies, including freight-related intelligent trans-
portation systems; 
‘‘(5) improves energy efficiency or reduces 
greenhouse gas emissions; 
‘‘(6) helps maintain or protect the environment, 
including reducing air and water pollution; 
‘‘(7) reduces congestion; 
‘‘(8) improves the condition of the freight infra-
structure, including bringing it into a state of good 
repair; 
‘‘(9) improves safety, including reducing trans-
portation accidents, injuries, and fatalities; 
‘‘(10) demonstrates that the proposed project 
cannot be readily and efficiently realized without 
Federal support and participation; and 
‘‘(11) enhances national or regional economic 
development, growth, and competitiveness. 
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‘‘(d) PRIORITY.—The Secretary shall give priority to 
projects that have the highest system performance im-
provement relative to their benefit-cost analysis, as meas-
ured by the tools developed under section 103 of the Fo-
cusing Resources, Economic Investment, and Guidance to 
Help Transportation Act of 2010. 
‘‘(e) LETTERS OF INTENT.— 
‘‘(1) The Secretary may issue a letter of intent 
to an applicant announcing an intention to obligate, 
for a major capital project under this subsection, an 
amount from future available budget authority speci-
fied in law that is not more than the amount stipu-
lated as the financial participation of the Secretary 
in the project. 
‘‘(2) At least 30 days before issuing a letter 
under paragraph (1) of this subsection, the Sec-
retary shall notify in writing the Senate Committee 
on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure of the proposed letter or 
agreement. The Secretary shall include with the no-
tification a copy of the proposed letter or agreement, 
the criteria used under subsection (c) for selecting 
the project for a grant award, and a description of 
how the project meets such criteria. 
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‘‘(3) An obligation or administrative commit-
ment may be made only when amounts are made 
available. The letter of intent shall state that the 
contingent commitment is not an obligation of the 
Federal Government, and is subject to the avail-
ability of funds under Federal law and to Federal 
laws in force or enacted after the date of the contin-
gent commitment. 
‘‘(f) FEDERAL SHARE OF NET PROJECT COST.— 
‘‘(1) Based on engineering studies, studies of 
economic feasibility, and information on the expected 
use of equipment or facilities, the Secretary shall es-
timate the net project cost. 
‘‘(2) The Federal share of a grant for the 
project shall not exceed 80 percent of the project net 
capital cost. 
‘‘(3) The Secretary shall give priority in allo-
cating future obligations and contingent commit-
ments to incur obligations to grant requests seeking 
a lower Federal share of the project net capital cost. 
‘‘(g) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN
GENERAL.—An applicant may enter 
into an agreement with any public, private, or non-
profit entity to cooperatively implement any project 
funded with a grant under this subchapter. 
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‘‘(2) FORMS OF PARTICIPATION.—Participation 
by an entity under paragraph (1) may consist of— 
‘‘(A) ownership or operation of any land, 
facility, vehicle, or other physical asset associ-
ated with the project; 
‘‘(B) cost sharing of any project expense or 
non-Federal share of the project cost, including 
in-kind contributions; 
‘‘(C) carrying out administration, construc-
tion management, project management, project 
operation, or any other management or oper-
ational duty associated with the project; and 
‘‘(D) any other form of participation ap-
proved by the Secretary. 
‘‘(h) OVERSIGHT PROGRAM.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish an oversight program to monitor the 
effective and efficient use of funds authorized to 
carry out this section. 
‘‘(B) MINIMUM REQUIREMENT.—At a min-
imum, the program shall be responsive to all 
areas relating to financial integrity and project 
delivery. 
‘‘(2) FINANCIAL INTEGRITY.— 
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‘‘(A) 
FINANCIAL
MANAGEMENT
SYS-
TEMS.—The Secretary shall perform annual re-
views that address elements of the applicant’s 
financial management systems that affect 
projects approved under subsection (a). 
‘‘(B) PROJECT
COSTS.—The Secretary 
shall develop minimum standards for estimating 
project costs and shall periodically evaluate the 
practices of applicants for estimating project 
costs, awarding contracts, and reducing project 
costs. 
‘‘(3) PROJECT DELIVERY.—The Secretary shall 
perform annual reviews that address elements of the 
project delivery system of an applicant, which ele-
ments include one or more activities that are in-
volved in the life cycle of a project from conception 
to completion of the project. 
‘‘(4) RESPONSIBILITY OF THE APPLICANTS.— 
‘‘(A) IN GENERAL.—Each applicant shall 
submit to the Secretary for approval such 
plans, specifications, and estimates for each 
proposed project as the Secretary may require. 
‘‘(B) APPLICANT
SUBRECIPIENTS.—The 
applicant shall be responsible for determining 
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that a subrecipient of Federal funds under this 
section has— 
‘‘(i) adequate project delivery systems 
for projects approved under this section; 
and 
‘‘(ii) sufficient accounting controls to 
properly manage such Federal funds. 
‘‘(C) PERIODIC
REVIEW.—The Secretary 
shall periodically review the monitoring of sub-
recipients by the applicant. 
‘‘(5) 
SPECIFIC
OVERSIGHT
RESPONSIBIL-
ITIES.—Nothing in this section shall affect or dis-
charge any oversight responsibility of the Secretary 
specifically provided for under this title or other 
Federal law. 
‘‘(i) MAJOR PROJECTS.— 
‘‘(1) IN GENERAL.—A recipient of a grant for 
a project under this section with an estimated total 
cost of $500,000,000 or more, and a recipient for 
such other projects as may be identified by the Sec-
retary, shall submit to the Secretary for each 
project— 
‘‘(A) a project management plan; and 
‘‘(B) an annual financial plan. 
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