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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Ways and Means and Rules, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for merit-based investment in the freight trans-
portation system of the United States to ensure economic 
growth, increase vitality and competitiveness in national 
and global markets, address goods mobility and accessi-
bility issues, reduce air pollution and other environmental 
impacts of freight transportation, better public health 
conditions, enhance energy security, and improve the con-
dition and connectivity of the freight transportation sys-
tem, and for other purposes. 
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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 
‘‘Freight is the Future Of Commerce in the United States 
Act of 2010’’ or the ‘‘Freight FOCUS Act of 2010’’. 
(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. 
SEC. 2. OFFICE OF FREIGHT PLANNING AND DEVELOP-
MENT. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish in the Office of the Secretary an Office of Freight 
Planning and Development (in this section referred to as 
the ‘‘Office’’). 
(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for Freight Planning 
and Development who shall be appointed by the Secretary. 
(c) DUTIES.—The Assistant Secretary shall— 
(1) advise the Secretary on freight issues; 
(2) carry out the freight corridors of national 
significance program under section 4; 
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(3) facilitate communication among public and 
private stakeholders with respect to freight issues; 
(4) provide recommendations to the Secretary 
on funding sources for projects with respect to 
freight; and 
(5) develop the national freight plan under sub-
section (d). 
(d) NATIONAL FREIGHT PLAN.—Not later than 2 
years after the date of enactment of this Act, and every 
3 years thereafter, the Assistant Secretary shall submit 
to Congress and publish on the Web site of the Depart-
ment of Transportation a national freight plan, which 
shall include— 
(1) projections relating to freight for the 20- 
year period beginning on the date on which the plan 
is submitted to Congress and recommendations for 
supporting freight movement during that period; 
(2) a list of the freight corridors designated as 
freight corridors of national significance under sec-
tion 4(b); 
(3) the most recent freight corridor snapshot 
report published under section 4(e); 
(4) an analysis of emerging and long-term 
trends in— 
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(A) economic and trade policies related to 
freight movement; and 
(B) public health and environmental condi-
tions related to freight movement; and 
(5) an assessment of challenges related to 
freight movement and recommendations for address-
ing those challenges. 
SEC. 3. FREIGHT ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a Freight Advisory Committee (in this section re-
ferred to as the ‘‘Committee’’). 
(b) MEMBERSHIP.—The Committee shall be com-
posed of 15 individuals who represent public and private 
stakeholders with respect to freight, including representa-
tives of— 
(1) each mode of freight transportation; 
(2) ports; 
(3) shippers of freight; 
(4) metropolitan planning organizations (as 
that term is defined in section 134(b) of title 23, 
United States Code) serving areas in which a freight 
corridor is located; 
(5) State transportation agencies; 
(6) environmental protection organizations; 
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(7) public health advocates; 
(8) labor; and 
(9) others determined appropriate by the Sec-
retary. 
(c) CHAIRPERSON.—The Assistant Secretary for 
Freight Planning and Development (appointed under sec-
tion 2(b)) shall be the chairperson of the Committee. 
(d) MEETINGS.—The Committee shall meet at the 
call of the chairperson at least twice each year. 
(e) DUTIES.—The Committee shall— 
(1) advise the Assistant Secretary on issues, 
projects, and funding needs with respect to freight, 
including the determination of freight priorities; 
(2) develop measures to predict growth in 
freight movement; 
(3) facilitate the sharing of information relating 
to freight between public and private entities; 
(4) assist the Assistant Secretary with the de-
velopment of the national freight plan under section 
2(d); and 
(5) assist the Assistant Secretary with the de-
velopment of freight corridor snapshot reports under 
section 4(e). 
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SEC. 4. FREIGHT CORRIDORS OF NATIONAL SIGNIFICANCE 
PROGRAM. 
(a) ESTABLISHMENT.—Not later than one year after 
the date of enactment of this Act, the Assistant Secretary 
for Freight Planning and Development (appointed under 
section 2(b)) shall establish a freight corridors of national 
significance program (in this section referred to as the 
‘‘Program’’) in accordance with this section. 
(b) DESIGNATION OF FREIGHT CORRIDORS OF NA-
TIONAL SIGNIFICANCE.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, and every 
3 years thereafter, the Assistant Secretary shall des-
ignate the multimodal freight corridors in the 
United States that the Assistant Secretary has de-
termined, in accordance with this subsection, are 
freight corridors of national significance based on 
the importance of the corridors to freight movement. 
(2) PUBLICATION.—The Assistant Secretary 
shall publish on the Web site of the Department of 
Transportation a document that specifies the cor-
ridors designated under paragraph (1) and con-
tains— 
(A) a map of the corridors; 
(B) a detailed description of the standards 
used to designate the corridors; 
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(C) statistics supporting the designation of 
each corridor; and 
(D) a description of the role of each cor-
ridor in supporting the economy and freight 
transportation system of the United States. 
(3) PUBLIC
PARTICIPATION.—The Secretary 
shall make designations under paragraph (1) after 
providing notice and an opportunity for public com-
ment. 
(4) RULEMAKING TO DETERMINE DESIGNATION 
STANDARDS.— 
(A) IN
GENERAL.—The Assistant Sec-
retary, in consultation with the Freight Advi-
sory Committee (established under section 
3(a)), shall conduct a rulemaking proceeding to 
establish publicly available, objective, and quan-
tifiable standards for designating freight cor-
ridors as freight corridors of national signifi-
cance under paragraph (1). 
(B) CRITERIA.—The standards established 
under subparagraph (A) shall ensure that, in 
designating a freight corridor as a freight cor-
ridor of national significance, the following cri-
teria are accurately measured and considered 
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(with the criteria listed in descending order of 
importance): 
(i) The volume of freight moved along 
the corridor. 
(ii) The value of freight moved along 
the corridor. 
(iii) The benefits that may be gen-
erated by transportation improvements 
carried out along the corridor, including 
the creation or sustaining of jobs, expan-
sion of business opportunities, or increas-
ing of the gross domestic product. 
(iv) The potential for growth in 
freight movement along the corridor. 
(v) The economic, environmental, and 
other costs associated with traffic conges-
tion and travel delay along the corridor. 
(5) DATA COLLECTION.— 
(A) IN
GENERAL.—The Assistant Sec-
retary, in consultation with the Freight Advi-
sory Committee, shall collect and review all 
data relating to freight necessary to designate 
freight corridors of national significance under 
paragraph (1) and shall consider, in consulta-
tion with the heads of relevant Federal agen-
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cies, methods for improving the sources of the 
data to reduce deficiencies in the data and as-
sist projections of transportation demand. 
(B) PROJECTIONS.—The Assistant Sec-
retary, in consultation with the Freight Advi-
sory Committee and the Administrator of the 
Environmental Protection Agency, shall analyze 
short- and long-term trends in the movement of 
freight domestically and internationally to assist 
the designation of freight corridors of national 
significance under paragraph (1), including by 
analyzing economic and trade policies and pub-
lic health and environmental conditions related 
to freight movement. 
(c) FREIGHT CORRIDOR COALITIONS.— 
(1) IN GENERAL.—With respect to each freight 
corridor of national significance designated under 
subsection (b), the Assistant Secretary may des-
ignate one entity to serve as a freight corridor coali-
tion that represents the freight corridor for purposes 
of this section. 
(2) COALITION
COMPOSITION.—To be eligible 
for designation as a freight corridor coalition under 
paragraph (1), an entity shall be composed of indi-
viduals representing each of the following: 
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(A) The State transportation agency of 
each State in which a portion of the corridor is 
located. 
(B) The metropolitan planning organiza-
tion (as that term is defined under section 
134(b) of title 23, United States Code) for each 
area in which a portion of the corridor is lo-
cated. 
(C) Each mode of freight transportation 
that operates along the corridor. 
(D) Each port along the corridor. 
(E) Environmental protection organiza-
tions. 
(F) Public health advocates. 
(G) Labor. 
(H) Private stakeholders, including ship-
pers, carriers, and freight-related associations. 
(3) APPLICATION PROCESS.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall establish a process for entities to 
apply for designation as a freight corridor coali-
tion under paragraph (1). 
(B) APPLICATION.—The application of an 
entity for designation as a freight corridor coa-
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lition under paragraph (1) shall include at least 
the following: 
(i) A description of the composition of 
the entity and how that composition meets 
requirements under paragraph (2). 
(ii) A description of the proposed 
functions and authorities of the entity, in-
cluding with respect to the performance of 
analysis, consensus building, and planning. 
(iii) Information demonstrating that 
the entity has, or will develop, the legal, fi-
nancial, technical, and political capacity 
and support from relevant organizations 
necessary to carry out the functions of a 
freight corridor coalition under this sub-
section. 
(iv) A description of the proposed 
budget for the entity, including— 
(I) a staffing plan; 
(II) a spending plan; and 
(III) a plan for acquiring funding 
from sources other than grants under 
paragraph (4). 
(4) 
GRANTS
FOR
ADMINISTRATIVE
EX-
PENSES.—The Assistant Secretary is authorized to 
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make grants to a freight corridor coalition des-
ignated under paragraph (1) to assist the coalition 
with administrative expenses. 
(5) FREIGHT CORRIDOR PLAN.— 
(A) IN GENERAL.—Not later than one year 
after the date on which an entity is designated 
as a freight corridor coalition under paragraph 
(1), and annually thereafter, the freight cor-
ridor coalition shall submit to the Assistant 
Secretary a freight corridor plan that in-
cludes— 
(i) a prioritized list of projects that 
are eligible for grant assistance under sub-
section (d) and that the coalition has de-
termined will improve the freight move-
ment performance of the freight corridor of 
national significance represented by the co-
alition; 
(ii) an estimate of the cost of each 
project specified in the list under clause (i) 
and the aggregate cost of all listed 
projects; 
(iii) a specification of a State sponsor 
willing to carry out each project specified 
in the list under clause (i) and the support 
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that each member of the coalition shall 
provide the State sponsor with respect to 
the project; 
(iv) a funding plan, including a speci-
fication of funding sources, for each 
project specified in the list under clause 
(i); 
(v) a description of how projects spec-
ified in the list under clause (i) support 
connectivity at State borders; 
(vi) a detailed description of the cor-
ridor, including a description of— 
(I) the modes of transportation 
that operate along the corridor; 
(II) the transportation facilities 
along the corridor; 
(III) the interaction of passenger 
and freight movement along the cor-
ridor; 
(IV) the performance of the cor-
ridor and projections of future cor-
ridor performance, including with re-
spect to the speed and reliability of 
travel along the corridor; 
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(V) any environmental or public 
health issues related to freight move-
ment along the corridor; and 
(VI) any economic costs related 
to congestion and travel delay along 
the corridor; and 
(vii) any additional information the 
Assistant 
Secretary 
determines 
appro-
priate. 
(B) PROJECT PRIORITIZATION.—In deter-
mining the priority of a project specified in a 
freight corridor plan under subparagraph (A), a 
freight corridor coalition shall consider the fol-
lowing: 
(i) The schedule for completing the 
project and the appropriate sequencing of 
projects. 
(ii) Whether the project will improve a 
component of a freight corridor determined 
to be performing poorly in a freight cor-
ridor snapshot report under subsection (e). 
(iii) The improvement in freight move-
ment that will result from the project and 
the impact of failing to carry out the 
project. 
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(iv) Whether the project will address a 
bridge in need of repair. 
(v) The amount of non-Federal fund-
ing available for the project, including 
funding from public-private partnerships. 
(vi) The benefits of the project unre-
lated to freight movement and whether 
there is funding available from nonfreight 
sources commensurate with those benefits. 
(vii) Whether innovative technologies 
are incorporated into the project. 
(viii) The extent to which the project 
will reduce air, water, or noise pollution, 
including through improved energy con-
servation or efficiency. 
(ix) The congestion reduction benefits 
of the project. 
(x) The improvement in the condition 
of freight movement infrastructure that 
will result from the project. 
(xi) The public health and safety ben-
efits of the project, including with respect 
to accident and injury reduction with a 
goal of reducing by 10 percent the number 
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of fatalities related to freight transpor-
tation by the year 2015. 
(xii) Whether the project involves the 
replacement or repair of an existing sur-
face transportation facility— 
(I) the replacement or repair of 
which will result in economic and mo-
bility benefits for the United States; 
and 
(II) that, if not replaced or re-
paired, will likely deteriorate substan-
tially and negatively impact the econ-
omy and transportation system of the 
United States. 
(xiii) Whether the project will not be 
completed without Federal support. 
(xiv) The regional and national eco-
nomic development benefits of the project, 
including with respect to trade facilitation. 
(xv) Whether the project will be car-
ried out on a publicly owned site. 
(d) GRANTS.— 
(1) IN
GENERAL.—In carrying out the Pro-
gram, the Assistant Secretary is authorized to make 
a grant to any State to assist any project— 
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(A) specified in paragraph (2); and 
(B) for the improvement of freight move-
ment. 
(2) ELIGIBLE PROJECTS.—The projects eligible 
for grant assistance under paragraph (1) are the fol-
lowing: 
(A) A project for the development or im-
provement of a port. 
(B) A project for the development or im-
provement of a multimodal terminal facility. 
(C) A project for the development or im-
provement of a land port of entry. 
(D) A project to improve freight rail per-
formance, including through capacity expansion. 
(E) A project for the development or im-
provement of a road or bridge, including a road 
or bridge that— 
(i) is essential to supporting local, 
interregional, interstate, or international 
freight movement; 
(ii) improves access to freight facili-
ties, including ports, terminals, and dis-
tribution centers; 
(iii) improves freight transportation to 
or from an international gateway, includ-
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ing ports, airports, and border crossings; 
or 
(iv) improves access for, and the 
emergency capabilities of, military per-
sonnel and equipment. 
(F) A project for the development or im-
provement of an intelligent transportation sys-
tem for freight that reduces congestion and im-
proves safety. 
(G) A project for the development or im-
provement of a facility that provides long-term 
truck parking. 
(H) A project for the development of 
freight movement capacity where that capacity 
is needed. 
(I) A project for the development of a 
roadway-rail grade separation. 
(J) A dredging project or a project to de-
velop or improve a lock or dam. 
(K) A project to benefit the environment, 
including through the reduction of emissions de-
termined by the Assistant Secretary, in con-
sultation with the Administrator of the Envi-
ronmental Protection Agency, to be harmful to 
the environment. 
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(L) A project to improve safety or security 
with respect to freight movement. 
(M) A project that will improve public 
health. 
(N) Any other project the Assistant Sec-
retary determines appropriate. 
(O) Planning, preparation, or design activi-
ties with respect to any project described in this 
paragraph. 
(3) APPLICATION PROCESS.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall establish a process for States to 
submit an application for a grant under para-
graph (1). 
(B) 
RESPONSES.—Without 
regard 
to 
whether a grant is made under paragraph (1) 
with respect to an application, the Assistant 
Secretary shall provide a written response to 
each application submitted under subparagraph 
(A) and the response shall include a written de-
termination by the Assistant Secretary that the 
project for which the application was submitted 
is— 
(i) highly recommended to be carried 
out; 
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(ii) recommended to be carried out; or 
(iii) not recommended to be carried 
out. 
(4) PRIORITIES AND CONSIDERATION.—In mak-
ing grants under paragraph (1), the Assistant Sec-
retary shall— 
(A) give priority to projects listed in a 
freight corridor plan submitted under sub-
section 
(c)(5)(A) 
and 
according 
to 
the 
prioritization of projects in that plan; and 
(B) give consideration to the criteria speci-
fied in subsection (c)(5)(B). 
(5) FEDERAL SHARE.—The Federal share of 
the cost of a project assisted with a grant under 
paragraph (1) shall not exceed 80 percent. 
(6) PROJECTS THAT BENEFIT THE ENVIRON-
MENT.—The Assistant Secretary shall use not less 
than 7 percent of the amounts made available for 
grants under paragraph (1) each fiscal year for 
grants to assist projects that benefit the environ-
ment, including through reducing emissions deter-
mined by the Assistant Secretary, in consultation 
with the Administrator of the Environmental Protec-
tion Agency, to be harmful to the environment. 
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(7) PROJECTS THAT BENEFIT FREIGHT SECU-
RITY.—The Assistant Secretary shall use not less 
than 1 percent of the amounts made available for 
grants under paragraph (1) each fiscal year for 
grants to assist projects that improve freight secu-
rity, including cargo inspection projects and edu-
cation and training projects related to security. 
(8) PROJECT COSTS.—In carrying out this sub-
section, the Assistant Secretary shall develop stand-
ards for estimating project costs and shall evaluate 
the cost estimation, contracting, and cost reduction 
practices of States that receive grants under para-
graph (1). 
(9) PROJECT
MANAGEMENT
AND
FINANCIAL 
PLANS.— 
(A) MAJOR PROJECTS.—A recipient of a 
grant under paragraph (1) for a project with an 
estimated total cost of at least $500,000,000, 
or for any other project the Assistant Secretary 
determines appropriate, shall submit to the As-
sistant Secretary, with respect to the project— 
(i) a project management plan; and 
(ii) an annual financial plan. 
(B) OTHER PROJECTS.—A recipient of a 
grant under paragraph (1) for a project with an 
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estimated total cost of at least $100,000,000, 
but less than $500,000,000, shall prepare an 
annual financial plan with respect to the project 
and shall make that plan available for review at 
the request of the Assistant Secretary. 
(C) PROJECT
MANAGEMENT
PLAN.—For 
purposes of this paragraph, a project manage-
ment plan shall document, with respect to a 
project— 
(i) the procedures in effect to provide 
timely information to project decision-
makers to allow the decisionmakers to ef-
fectively manage the scope, costs, sched-
ules, quality, and Federal requirements 
with respect to the project; and 
(ii) the role of non-Federal interests 
in the delivery of the project. 
(D) FINANCIAL
PLAN.—For purposes of 
this paragraph, a financial plan shall, with re-
spect to a project, provide detailed estimates of 
the costs of completing the project, including 
potential increases to those costs. 
(10) MAINTENANCE OF EFFORT.— 
(A) IN GENERAL.—As a condition of re-
ceiving a grant under paragraph (1), the Gov-
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ernor of the State receiving the grant shall sub-
mit to the Assistant Secretary a certification 
that the State will maintain its effort with re-
spect to the funding of freight projects. 
(B) STATEMENT
OF
INTENDED
FUND-
ING.—As part of the certification under sub-
paragraph (A), the Governor shall submit a 
statement to the Assistant Secretary identifying 
the amount that the State plans to expend from 
non-Federal sources for freight projects during 
the 6-year period beginning on the date of the 
submission of the certification. 
(C) FAILURE TO MEET INTENDED FUND-
ING.—If the Assistant Secretary determines 
that a State failed to expend the amount for 
freight projects identified in the statement 
under subparagraph (B), the Assistant Sec-
retary may prohibit the State from receiving a 
grant under paragraph (1) during a period— 
(i) not to exceed 3 years; and 
(ii) beginning on the date on which 
that determination is made. 
(11) PREVAILING RATE OF WAGE.— 
(A) IN
GENERAL.—The Secretary shall 
take such action as may be necessary to ensure 
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that all laborers and mechanics employed by 
contractors or subcontractors on construction 
work performed on projects assisted with a 
grant under paragraph (1) shall be paid wages 
at rates not less than those prevailing on the 
same type of work on similar construction in 
the immediate locality as determined by the 
Secretary of Labor in accordance with sections 
3141, 3146, and 3147 of title 40, United States 
Code. 
(B) CONSULTATION.—In carrying out the 
duties of subparagraph (A), the Secretary of 
Labor shall consult with the relevant agency of 
the State in which a project assisted with a 
grant under paragraph (1) is to be performed. 
After giving due regard to the information thus 
obtained, the Secretary of Labor shall make a 
predetermination of the minimum wages to be 
paid laborers and mechanics in accordance with 
the provisions of subparagraph (A) which shall 
be set out in each project advertisement for 
bids and in each bid proposal form and shall be 
made a part of the contract covering the 
project. 
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(C) EXCEPTIONS.—The provisions of this 
paragraph shall not be applicable to employ-
ment pursuant to apprenticeship and skill train-
ing programs which have been certified by the 
Secretary as promoting equal employment op-
portunity in connection with a construction pro-
gram. 
(12) FUNDING BY MODE.— 
(A) DETERMINATION.—In making grants 
under paragraph (1) each fiscal year, the As-
sistant Secretary shall determine if any portion 
of the amounts made available for the grants 
was generated for deposit in the Goods Move-
ment Trust Fund (established under section 
5(a)) by a single mode of transportation. 
(B) PORTIONS GENERATED BY A SINGLE 
MODE OF TRANSPORTATION.—If the Assistant 
Secretary determines under subparagraph (A) 
that any portion of the amounts made available 
for a fiscal year for grants under paragraph (1) 
was generated by a single mode of transpor-
tation, the Assistant Secretary shall ensure that 
at least 92.5 percent of that portion is used for 
grants to assist projects that benefit that mode. 
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(C) PORTION NOT GENERATED BY A SIN-
GLE MODE OF TRANSPORTATION.—If the As-
sistant Secretary determines under subpara-
graph (A) that any portion of the amounts 
made available for a fiscal year for grants 
under paragraph (1) was generated by a single 
mode of transportation, the Assistant Secretary 
shall ensure that 50 percent of the portion of 
those amounts that was not generated by a sin-
gle mode of transportation is used solely for 
grants to assist projects that benefit the modes 
of transportation to which subparagraph (B) 
applied that fiscal year according to the 
amounts generated by each of those modes. 
(e) FREIGHT CORRIDOR SNAPSHOT REPORT.—Not 
later than 3 years after the date of enactment of this Act, 
and annually thereafter, the Assistant Secretary shall pub-
lish on the Web site of the Department of Transportation 
a detailed analysis of the performance of each freight cor-
ridor designated as a freight corridor of national signifi-
cance under subsection (b) and any other freight corridor 
determined appropriate for inclusion by the Assistant Sec-
retary, including an analysis of congestion, safety, envi-
ronmental, public health, infrastructure condition, and ac-
cessibility issues with respect to the freight corridor. 
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SEC. 5. FUNDING. 
(a) GOODS MOVEMENT TRUST FUND.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Subchapter A of chap-
ter 98 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following: 
‘‘SEC. 9512. GOODS MOVEMENT TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Goods Movement Trust Fund’, con-
sisting of such amounts as may be appropriated or cred-
ited to such Trust Fund as provided in this section or sec-
tion 9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the Goods Movement Trust Fund 
amounts equivalent to so much of the taxes received in 
the Treasury under section 4081 as are determined at the 
rate specified in section 4081(a)(5). 
‘‘(c) APPROPRIATION OF ADDITIONAL SUMS.—In ad-
dition to amounts appropriated under subsection (b), there 
is hereby authorized to be appropriated to the Goods 
Movement Trust Fund to make the expenditures referred 
to in subsection (d) $3,000,000,000 for each of fiscal 
years 2011 through 2016. 
‘‘(d) EXPENDITURES.— 
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‘‘(1) IN
GENERAL.—Amounts in the Goods 
Movement Trust Fund shall be available, as pro-
vided in appropriations Acts, only for purposes of 
making expenditures to carry out the Freight 
FOCUS Act of 2010. 
‘‘(2) TRANSFERS FROM TRUST FUND FOR CER-
TAIN
REPAYMENTS
AND
CREDITS.—The Secretary 
shall pay from time to time from the Goods Move-
ment Trust Fund into the general fund of the 
Treasury amounts equivalent to amounts paid under 
section 6433 or credits allowed under section 
34(a)(4).’’. 
(B) 
CONFORMING
AMENDMENT.—Para-
graph (1) of section 9503(b) of such Code is 
amended by adding at the end the following: 
‘‘There shall not be taken into account under 
subparagraph (D) so much of the taxes imposed 
by section 4081 as are determined at the rate 
specified in section 4081(a)(5).’’. 
(C) CLERICAL AMENDMENT.—The table of 
sections for subchapter A of chapter 98 of such 
Code is amended by adding at the end the fol-
lowing: 
‘‘Sec. 9512. Goods Movement Trust Fund.’’. 
(2) INCREASE IN DIESEL TAX FOR TRANSPOR-
TATION OF GOODS BY HIGHWAY.— 
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(A) IN GENERAL.—Subsection (a) of sec-
tion 4081 of the Internal Revenue Code of 1986 
is amended by adding at the end the following: 
‘‘(5) DIESEL FUEL USED FOR TRANSPORTATION 
OF GOODS BY HIGHWAY.— 
‘‘(A) IN GENERAL.—In the case of diesel 
fuel, the rate in effect under paragraph 
(2)(A)(iii) shall be increased by 12 cents. 
‘‘(B) INFLATION ADJUSTMENT.— 
‘‘(i) IN GENERAL.—In the case of any 
diesel fuel removed, entered, or sold during 
any calendar year beginning after 2011, 
the 12 cent amount under subparagraph 
(A) shall be increased by an amount equal 
to— 
‘‘(I) such amount, multiplied by 
‘‘(II) the costs of living adjust-
ment determined under section 1(f)(3) 
for the calendar year, determined by 
substituting ‘calendar year 2010’ for 
‘calendar year 1992’ in subparagraph 
(B) thereof. 
‘‘(ii) ROUNDING.—Any increase under 
clause (i) shall be rounded to the nearest 
multiple of one-tenth of 1 cent.’’. 
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(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall apply to fuel re-
moved, entered, or sold after September 30, 
2011. 
(3) DIESEL FUEL NOT USED FOR MOVEMENT 
OF GOODS BY HIGHWAY.— 
(A) IN GENERAL.—Subchapter B of chap-
ter 65 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following: 
‘‘SEC. 6433. DIESEL FUEL NOT USED FOR MOVEMENT OF 
GOODS BY HIGHWAY. 
‘‘(a) IN GENERAL.—In the case of diesel fuel on the 
sale of which tax was imposed by section 4081 and which 
is used for any purpose other than in the trade or business 
of moving goods by highway, the Secretary shall pay (with-
out interest) to the ultimate purchaser of such fuel an 
amount equal to the product of the number of gallons of 
such fuel so used multiplied by the rate specified in section 
4081(a)(5). 
‘‘(b) FILING OF CLAIMS.—Claims filed under sub-
section (a) shall be filed at such time and in such form 
and manner as the Secretary of the Treasury shall by reg-
ulation prescribe. 
‘‘(c) APPLICABLE LAWS.— 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
Æ 
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