TITLE I—NATIONAL FREIGHT MOBILITY INFRASTRUCTURE 
IMPROVEMENT PROGRAM 
Sec. 101. Definitions. 
Sec. 102. Establishment of program. 
Sec. 103. Applications. 
Sec. 104. Competitive project selection and eligibility criteria for grants. 
Sec. 105. Funding agreements. 
Sec. 106. Grant requirements. 
Sec. 107. Annual report. 
Sec. 108. Applicability of title 23. 
Sec. 109. Regulations. 
TITLE II—FUNDING 
Sec. 201. Establishment of National Freight Mobility Infrastructure Fund. 
Sec. 202. Freight mobility infrastructure tax. 
TITLE 
I—NATIONAL 
FREIGHT 
MOBILITY INFRASTRUCTURE 
IMPROVEMENT PROGRAM 
SEC. 101. DEFINITIONS. 
In this title, the following definitions apply: 
(1) DESIGNATED
ENTITY.—The term ‘‘des-
ignated entity’’ means— 
(A) an entity designated by the chief exec-
utive officer of a State (or the chief executive 
officer’s designee) as eligible to apply for and 
receive funding under the program established 
under section 102; and 
(B) a regional authority if the authority is 
responsible under the laws of a State for a cap-
ital project. 
(2) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means the— 
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(A) reimbursement of the costs of develop-
ment phase activities, including planning, feasi-
bility analysis, revenue forecasting, environ-
mental review, preliminary engineering and de-
sign work, and other preconstruction activities; 
and 
(B) the costs of construction, reconstruc-
tion, rehabilitation, and acquisition of real prop-
erty (including land related to the project and 
improvements to land), environmental mitiga-
tion, construction contingencies, acquisition of 
equipment, and operational improvements. 
(3) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means any freight mobility infrastructure 
project that meets the criteria established in section 
104. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101(a) of title 23, 
United States Code. 
SEC. 102. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
program to provide grants to States and designated enti-
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ties for projects to improve the efficiency of freight mobil-
ity in the United States. 
(b) OVERHEAD COSTS.—In carrying out the pro-
gram, the Secretary shall seek to minimize administrative 
costs, including overhead, enforcement, and auditing costs. 
SEC. 103. APPLICATIONS. 
A State or designated entity seeking to receive a 
grant under this title for an eligible project shall submit 
to the Secretary an application in such form and in ac-
cordance with such requirements as the Secretary may re-
quire. 
SEC. 104. COMPETITIVE PROJECT SELECTION AND ELIGI-
BILITY CRITERIA FOR GRANTS. 
(a) SELECTION OF PROJECTS.—In carrying out this 
title, the Secretary shall— 
(1) award grants on a competitive basis; 
(2) conduct a national solicitation for applica-
tions; and 
(3) establish criteria for selecting among freight 
projects of national and regional significance that in-
clude, but are not limited to, those which enable— 
(A) the construction of grade separations 
at railroad, highway, and railroad-highway 
junctions; 
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(B) the construction of railroad bypasses 
and spurs; 
(C) the construction of railroad side 
tracks; 
(D) the expansion of rail and highway tun-
nels to accommodate larger, taller, and addi-
tional volumes of vehicular and rail freight and 
container stacks; 
(E) the addition of railroad track and 
intermodal facilities at international gateways, 
land, air, and sea ports, points of congestion, 
and logistic centers; 
(F) highway and road construction (includ-
ing reinforcement for heavy weight vehicles and 
heavy traffic volume) at international gateways, 
land, air, and sea ports, points of congestion, 
and logistic centers to better accommodate and 
speed the flow of freight traffic; 
(G) the construction and improvement of 
rail and highway bridges that carry a substan-
tial amount of freight; 
(H) the construction of highway ramps 
that carry a substantial amount of freight; and 
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(I) the construction of highway lanes, in-
cluding lanes that segregate freight and pas-
senger vehicular traffic. 
(b) PROJECT REQUIREMENTS.—The Secretary may 
approve a grant under this title for a project only if the 
Secretary determines that the project— 
(1) will improve freight mobility and national 
freight capacity and efficiency; 
(2) is cost-effective; 
(3) is based on the results of preliminary engi-
neering; 
(4) is justified based on extent to which the 
project— 
(A) will enhance national and regional 
economies by allowing for economic develop-
ment, growth, and efficiency as measured by— 
(i) the impact on the Nation’s gross 
domestic product; 
(ii) increases in new businesses and 
jobs and retention of existing businesses 
and jobs; 
(iii) State and local tax receipts; and 
(iv) improved safety as measured by 
reductions in accidents, injuries, and fatali-
ties; and 
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(B) seeks to maximize economic opportuni-
ties for communities; and 
(5) is supported by an acceptable degree of non- 
Federal financial commitments, as determined under 
subsection (d). 
(c) SELECTION CONSIDERATIONS.—In selecting a 
project under this title, the Secretary shall consider the 
extent to which the project— 
(1) improves freight mobility and national 
freight capacity and efficiency; 
(2) is cost effective; 
(3) complements and supports the objectives of 
a strategic freight plan to be developed by the State 
or designated entity in accordance with such require-
ments as the Secretary may prescribe; 
(4) facilitates freight throughput of higher vol-
ume and values; 
(5) uses operational efficiencies, including intel-
ligent transportation systems, that enhance the effi-
ciency or effectiveness (or both) of the project; 
(6) enhances national and regional economies 
by allowing for economic development, growth, and 
efficiency; 
(7) helps maintain or protect the environment; 
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