I 
115TH CONGRESS 
1ST SESSION H. R. 3769 
To establish the National Freight Mobility Infrastructure Fund, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2017 
Mr. SMITH of Washington (for himself, Mr. ELLISON, and Mr. SIRES) intro-
duced the following bill; which was referred to the Committee on Trans-
portation 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 juris-
diction of the committee concerned 
A BILL 
To establish the National Freight Mobility Infrastructure 
Fund, 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. 
This Act may be cited as the ‘‘Freight Infrastructure 
Reinvestment Act of 2017’’. 
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SEC. 2. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE 
IMPROVEMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a National Freight Mobility Infra-
structure Improvement Program under which the Sec-
retary is authorized to make grants, on a competitive 
basis, to States and designated entities for eligible costs 
associated with projects to improve efficiency and capacity 
with respect to freight mobility in the United States. 
(b) GRANT APPLICATIONS.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under the program a State or designated enti-
ty shall submit to the Secretary an application at 
such time, in such form, and containing such infor-
mation as the Secretary may require. 
(2) SOLICITATION.—The Secretary shall con-
duct a national solicitation for applications under 
the program. 
(c) GRANT CRITERIA.— 
(1) ESTABLISHMENT.—The Secretary, in ac-
cordance with this subsection, shall establish criteria 
for selecting among applications submitted for 
grants under the program. 
(2) REQUIREMENTS.—A project is eligible for a 
grant under the program only if the Secretary deter-
mines that the project— 
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(A) is of national or regional significance, 
including projects to assist— 
(i) the construction of grade separa-
tions at railroad, highway, and railroad- 
highway junctions; 
(ii) the construction of railroad by-
passes and spurs; 
(iii) the construction of railroad side 
tracks; 
(iv) the expansion of rail and highway 
tunnels to accommodate wider, taller, and 
additional volumes of vehicular and rail 
freight and container stacks; 
(v) the addition of railroad track and 
intermodal facilities at international gate-
ways, land, air, and sea ports, points of 
congestion, and logistic centers; 
(vi) highway and road construction 
(including reinforcement for heavy weight 
vehicles and heavy traffic volume) at inter-
national gateways, land, air, and sea ports, 
points of congestion, and logistic centers, 
including freight intermodal connectors, to 
better accommodate and speed the flow of 
freight traffic; 
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(vii) the construction and improve-
ment of rail and highway bridges that 
carry a substantial amount of freight; 
(viii) the construction of highway 
ramps built to carry a substantial amount 
of freight; 
(ix) the construction of highway lanes, 
including lanes that segregate freight and 
passenger vehicular traffic; and 
(x) the construction and improvement 
of marine terminal facilities used for 
freight; 
(B) will improve freight mobility, capacity, 
and efficiency in the United States; 
(C) is cost effective; 
(D) is based on the results of preliminary 
engineering; 
(E) is justified based on the extent to 
which the project— 
(i) will enhance State, regional, or na-
tional economic development, performance, 
and efficiency as measured by— 
(I) the creation of new businesses 
and jobs and the retention of existing 
businesses and jobs; 
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(II) State and local tax receipts; 
and 
(III) improved safety, as meas-
ured by reductions in accidents, inju-
ries, and fatalities; and 
(ii) will maximize economic opportuni-
ties for communities; and 
(F) is supported by an acceptable degree 
of non-Federal financial commitments, includ-
ing that— 
(i) the project provides for the avail-
ability of contingency amounts that, as de-
termined by the Secretary, are reasonable 
to cover unanticipated cost increases; and 
(ii) each proposed non-Federal source 
of financing is stable, reliable, and avail-
able within the project timetable. 
(3) CONSIDERATIONS.—In selecting a project 
for a grant under the program, the Secretary shall 
consider the extent to which the project— 
(A) meets the requirements specified in 
paragraph (2); 
(B) facilitates freight throughput of higher 
volume and values; 
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(C) uses operational efficiencies, including 
intelligent transportation systems, that enhance 
the efficiency or effectiveness (or both) of the 
project; 
(D) helps maintain or protect the environ-
ment; and 
(E) improves or enhances segments of the 
primary freight network designated under sec-
tion 167(d) of title 23, United States Code. 
(d) 
CONGRESSIONAL
NOTIFICATION
AND
DIS-
APPROVAL.— 
(1) NOTIFICATION.— 
(A) IN GENERAL.—At least 60 days before 
making a grant for a project under the pro-
gram, the Secretary shall notify, in writing, the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Environment and Public Works 
and the Committee on Commerce, Science, and 
Transportation of the Senate of the proposed 
grant. 
(B) CONTENTS.—The notification shall in-
clude an evaluation and justification for each 
successful project that includes— 
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