I 
109TH CONGRESS 
1ST SESSION 
H. R. 168
To amend title 23, United States Code, to establish a goods movement 
program to improve the productivity, security, and safety of freight 
transportation gateways. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to establish a goods 
movement program to improve the productivity, security, 
and safety of freight transportation gateways.
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 ‘‘Goods Movement Act 
of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Growth in international trade has become 
increasingly important to the welfare of the domestic
economy and economic security, as demonstrated by 
the fact that between 1970 and 1999 the share of 
the United States gross domestic product accounted 
for by trade in goods and services grew from 10.7 
percent to 26.9 percent. 
(2) Increased growth in international trade 
places a disproportionate demand on our surface 
transportation infrastructure concentrated in our 
major international gateways, metropolitan and 
urban centers, and trade corridors, resulting in a 
high concentration of freight traffic relative to total 
vehicle movement and growing congestion which is 
adversely affecting regional mobility, safety, security, 
and environmental quality in affected communities 
and the reliability and sustainability of our national 
transportation system and the global connectivity 
underpinning our national economy. 
(3) In the decades coinciding with completion of 
the national defense highway and rail systems, the 
population of the United States has grown by 40 
percent since 1970, the number of registered vehi-
cles has increased by 100 percent, and in con-
centrated areas trade-generated truck traffic has 
grown at double-digit compounded rates while road 
capacity has increased by only 6 percent.
(4) Continued explosive growth in international 
trade puts increasing pressure on public and private 
infrastructure, particularly at global gateways, to in-
crease throughput velocity, and fuels national and 
regional demand for additional surface transpor-
tation infrastructure at the Federal, State, and local 
levels, and will require collaborative initiatives 
among system users to maximize the use of existing 
capacity, adopt best industry practices, and plan and 
finance system improvements driven by goods move-
ment demand. 
(5) Comprehending the nature, and systemati-
cally calculating and measuring the dimensions, of 
this trade-generated demand is critically important 
to planning and meeting the associated infrastruc-
ture needs and institutional changes necessary to en-
sure that safe, secure, and efficient movement of our 
Nation’s goods to the ultimate consignees and des-
tinations across the Nation. 
(6) International gateway and intermodal trade 
corridor freight infrastructure movement, research, 
project planning, investment, and financing must be 
a priority in this Act. 
(7) Critical intermodal freight projects with na-
tional and regional economic significance, but with
associated local impacts, are often difficult to shep-
herd, achieve consensus support, and fund through 
the current metropolitan planning process. 
(8) The importance of safe, secure, and effi-
cient goods movement to the health and welfare of 
the national economy should recognized by the es-
tablishment of a goods movement program. 
SEC. 3. GOODS MOVEMENT PROGRAM. 
(a) IN GENERAL.—Subchapter 1 of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 165. Goods movement program 
‘‘(a) ESTABLISHMENT AND PURPOSES.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a goods movement program to improve the 
productivity, security, and safety of freight transpor-
tation gateways, while mitigating congestion and 
community impacts in the area of such gateways. 
‘‘(2) PURPOSES.—The purposes of the goods 
movement program shall be—
‘‘(A) to facilitate and support multimodal 
freight transportation initiatives at the State, 
regional, and local levels in order to improve 
freight transportation gateways and mitigate 
congestion in the area of such gateways;
‘‘(B) to provide capital funding to address 
infrastructure and freight operational needs at 
freight transportation corridors and gateways; 
‘‘(C) to encourage adoption of new financ-
ing strategies to leverage State, local, and pri-
vate investment in freight transportation gate-
ways; and 
‘‘(D) to support military mobilization and 
readiness. 
‘‘(b) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Intermodal freight trans-
portation projects that provide community and high-
way benefits by addressing economic, congestion, se-
curity, safety, and environmental issues associated 
with freight transportation corridors and gateways 
shall be eligible for funding under this section. 
‘‘(2) TYPES OF PROJECTS.—Projects eligible for 
funding under paragraph (1) shall be limited to the 
following: 
‘‘(A) Projects to facilitate access to inter-
modal freight transfer facilities. 
‘‘(B) Projects on—
‘‘(i) National Highway System routes 
connecting to intermodal freight terminals 
identified according to criteria set forth in
the report to Congress entitled ‘Pulling To-
gether: The National Highway System and 
its Connections to Major Intermodal Ter-
minals’, dated May 24, 1996, and any 
modifications to these connections con-
sistent with subparagraph (D); and 
‘‘(ii) the Strategic Highway Network 
(commonly known as ‘STRAHNET’), in-
cluding connectors to strategic military de-
ployment ports. 
‘‘(C) Projects on high priority corridors 
identified in section 1105(c) of the Intermodal 
Surface Transportation Act of 1991 (105 Stat. 
2032). 
‘‘(D) Projects to separate railroad and 
road crossings and make other railroad and 
road interface improvements. 
‘‘(c) SELECTION CRITERIA.—In selecting projects 
under the goods movement program, the Secretary shall 
give priority to a project that exhibits the following cri-
teria: 
‘‘(1) Enhances national, regional, and local 
economies by allowing for economic development and 
growth, as measured by—
‘‘(A) impact on the Nation’s gross domes-
tic product; 
‘‘(B) increases in new businesses and jobs; 
‘‘(C) State and local tax receipts; 
‘‘(D) changes in prices and manufacturing 
efficiencies; and 
‘‘(E) improved safety as measured by re-
ductions in accidents, injuries, and fatalities. 
‘‘(2) Seeks to maximize economic opportunities 
for communities, including increasing local hiring. 
‘‘(3) Considers factors such as improved mobil-
ity, congestion relief, energy consumption, air pollu-
tion, and noise pollution. 
‘‘(4) Demonstrates availability of local resources 
to augment the transportation infrastructure. 
‘‘(5) Leverages incremental funding as meas-
ured by non-Federal, public and private investment 
projects, and uses innovative financing and local 
funding and financing by attracting local public and 
private investment. 
‘‘(6) Integrates and deploys intelligent trans-
portation technologies. 
‘‘(7) Encourages and facilitates regional part-
nerships to develop high priority corridors identified
in section 1105(c) of the Intermodal Surface Trans-
portation Efficiency Act of 1991. 
‘‘(8) Encourages or facilitates major multistate 
or regional mobility and economic growth and devel-
opment in areas underserved by existing highway in-
frastructure. 
‘‘(9) Reduces commercial and other travel time 
through a major national gateway or affected port of 
entry expected as a result of the proposed project in-
cluding the level of traffic delays at at-grade high-
way crossings of major rail lines in trade corridors. 
‘‘(d) GRANTS.—
‘‘(1) GENERAL AUTHORITY.—
‘‘(A) GRANTS.—The Secretary may make 
grants under the goods movement program to 
assist State and local governmental authorities 
in financing—
‘‘(i) capital projects, including prop-
erty and improvements; 
‘‘(ii) the capital costs of coordinating 
projects under the program with other 
transportation modes; 
‘‘(iii) the introduction of new tech-
nology, through innovative and improved 
products, into projects under the program;
‘‘(iv) capital projects to modernize ex-
isting corridors and gateways; and 
‘‘(v) the development of corridors to 
support and expand the safe, secure, and 
efficient movement of goods, including pro-
tecting rights of way through acquisition, 
construction of dedicated truck and high 
occupancy vehicle lanes and other non-
vehicular capital improvements that the 
Secretary may decide would result in miti-
gating congestion in such corridors. 
‘‘(B) TERMS AND CONDITIONS.—The Sec-
retary shall require that all grants under the 
goods movement program be subject to all 
terms, conditions, requirements, and provisions 
the Secretary decides are necessary or appro-
priate for the purposes of this section, including 
requirements for the disposition of net increases 
in the value of real property resulting from the 
project assisted under the program. 
‘‘(2) PROJECT AS PART OF APPROVED PROGRAM 
OF
PROJECTS.—Except as provided in paragraph 
(3), the Secretary may approve a grant for a project 
under the goods movement program only after find-
ing that the project is part of the approved program
of projects required under sections 134 and 135 and 
that an applicant—
‘‘(A) has or will have the legal, financial, 
and technical capacity to carry out the project, 
satisfactory continuing control over the use of 
equipment or facilities (excluding equipment 
and facilities owned by railroads), and the capa-
bility to maintain the equipment or facilities; 
and 
‘‘(B) will maintain the equipment or facili-
ties. 
‘‘(3) CRITERIA FOR GRANTS.—
‘‘(A) IN
GENERAL.—The Secretary may 
approve a grant under this section for a project 
under the goods movement program only if the 
Secretary determines that the proposed project 
is—
‘‘(i) based on the results of an alter-
natives analysis and preliminary engineer-
ing; 
‘‘(ii) justified based on a comprehen-
sive review of its mobility improvements, 
environmental benefits, cost effectiveness, 
and operating efficiencies; and
‘‘(iii) supported by an acceptable de-
gree of local financial commitment, includ-
ing evidence of stable and dependable fi-
nancing sources to construct, maintain, 
and operate the system or extension. 
‘‘(B) CORRIDOR DEVELOPMENT AND MAN-
AGEMENT PLANS.—The Secretary shall not re-
quire an applicant for a grant under this sec-
tion for a project to undertake activities to 
demonstrate that the project complies with the 
requirements of subparagraph (A) to the extent 
that the Secretary can make a determination 
under subparagraph (A) based on a corridor de-
velopment and management plan developed 
under section 1118(d) of the Transportation 
Equity Act for the 21st Century (112 Stat. 
162) and any other studies and materials devel-
oped for the project under that section. 
‘‘(C) ALTERNATIVES ANALYSIS AND PRE-
LIMINARY
ENGINEERING.—In 
evaluating 
a 
project under subparagraph (A)(i), the Sec-
retary shall analyze and consider the results of 
the alternatives analysis and preliminary engi-
neering for the project.