I 
113TH CONGRESS 
2D SESSION 
H. R. 5624 
To amend title 49, United States Code, to establish a Multimodal Freight 
Funding Formula Program and a National Freight Infrastructure Com-
petitive Grant Program to improve the efficiency and reliability of freight 
movement in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2014 
Mr. LOWENTHAL introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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 jurisdiction of the committee concerned 
A BILL 
To amend title 49, United States Code, to establish a 
Multimodal Freight Funding Formula Program and a 
National Freight Infrastructure Competitive Grant Pro-
gram to improve the efficiency and reliability of freight 
movement in the United States, 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 ‘‘Economy in Motion: 
The National Multimodal and Sustainable Freight Infra-
structure Act’’. 
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SEC. 2. FREIGHT FUNDING PROGRAMS. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 5506. Multimodal Freight Funding Formula Pro-
gram 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
Multimodal Freight Funding Formula Program under 
which the Secretary shall distribute funds to States to im-
prove the efficiency and reliability of freight movement in 
the United States. 
‘‘(b) FORMULA APPORTIONMENT.—On October 1 of 
each fiscal year, the Secretary shall apportion among eligi-
ble States the amount made available to the Secretary for 
that fiscal year to carry out the Multimodal Freight Fund-
ing Formula Program as follows: 
‘‘(1) 6.25 percent in the ratio that— 
‘‘(A) the number of ports in each State; 
bears to 
‘‘(B) the number of ports in all States. 
‘‘(2) 6.25 percent in the ratio that— 
‘‘(A) the number of rail track-miles used 
for the movement of freight in each State; bears 
to 
‘‘(B) the number of such rail track-miles in 
all States. 
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‘‘(3) 6.25 percent in the ratio that— 
‘‘(A) the number of cargo-handling air-
ports in each State; bears to 
‘‘(B) the number of such airports in all 
States. 
‘‘(4) 6.25 percent in the ratio that— 
‘‘(A) the number of Interstate system 
miles in each State; bears to 
‘‘(B) the number of Interstate system 
miles in all States. 
‘‘(5) 37.5 percent in the ratio that— 
‘‘(A) the tonnage of rail, waterborne, high-
way, and airport freight moved in each State; 
bears to 
‘‘(B) the tonnage of such freight moved in 
all States. 
‘‘(6) 37.5 percent in the ratio that— 
‘‘(A) the value of rail, waterborne, highway 
and airport freight moved in each State; bears 
to 
‘‘(B) the value of such freight moved in all 
States. 
‘‘(c) TIER I ELIGIBILITY.—A State shall be eligible 
for an apportionment under subsection (b) if the State— 
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‘‘(1) has an established a freight advisory com-
mittee in accordance with section 1117 of MAP–21 
(Public Law 112–141); 
‘‘(2) developed any analyses or plans required 
for the completion of a State freight plan, as deter-
mined by the Secretary and in consultation with the 
Administrator of the Environmental Protection 
Agency in the case of environment goals and strate-
gies, in accordance with section 1118 of MAP–21 
(Public Law 112–141); 
‘‘(3) has an approved State freight plan; 
‘‘(4) has conducted a statewide analysis of 
freight needs and bottlenecks on all modes of trans-
portation, including intermodal and last mile needs; 
‘‘(5) demonstrates use of the statewide analysis 
of freight needs in prioritizing projects in the State 
freight plan; 
‘‘(6) demonstrates that the State will use the 
funding that it is apportioned under this paragraph 
for the highest priority projects identified in the 
freight investment plan described under section 1118 
of MAP–21 (Public Law 112–141); and 
‘‘(7) demonstrates that the projects will use the 
strategies and contribute to the goals described in 
the State freight plan to decrease— 
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‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including ozone 
and ozone precursors, nitrogen oxides, sulfur di-
oxide, particulate matter, carbon monoxide, and 
lead; 
‘‘(C) water runoff and other adverse water 
impacts; and 
‘‘(D) wildlife habitat loss. 
‘‘(d) TIER II ELIGIBILITY.— 
‘‘(1) WITHHOLDING.—The Secretary shall with-
hold 60 percent of the amount required to be appor-
tioned to a State under subsection (b) on October 1 
of a fiscal year if the State does not meet the re-
quirements of paragraph (2) on that date. 
‘‘(2) TIER II REQUIREMENTS.—A State meets 
the requirements of this paragraph if the State— 
‘‘(A) has met the eligibility criteria of sub-
section (c); 
‘‘(B) has conducted, in cooperation with at 
least 1 other State, a multistate analysis of 
freight needs and bottlenecks on all modes of 
transportation, including intermodal and last 
mile needs along a multistate freight corridor; 
and 
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‘‘(C) has developed, in cooperation with at 
least one other State or a relevant entity in 
Canada or Mexico, a regional freight investment 
plan that focuses on the end-to-end investment 
needs of critical multistate freight corridors 
based on the multistate analysis of freight 
needs and bottlenecks on all modes of transpor-
tation, including intermodal and last mile 
needs. 
‘‘(3) PERIOD OF AVAILABILITY OF WITHHELD 
FUNDS.—Any funds withheld from apportionment to 
a State under paragraph (1) shall remain available 
until the end of the fiscal year in which the funds 
are made available to the Secretary. 
‘‘(4) APPORTIONMENT
OF
FUNDS
WITHHELD 
AFTER COMPLIANCE.—If, before the last day of the 
period for which funds withheld under paragraph (1) 
are to remain available for apportionment to a State 
under paragraph (3), the State meets the require-
ments of paragraph (2), the Secretary shall, on the 
first day that the State meets the requirements, ap-
portion to the State the funds withheld under para-
graph (1) that remain available for apportionment to 
the State. 
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‘‘(5) EFFECT OF NONCOMPLIANCE.—Notwith-
standing the limitation of funding under section 
5507(k), if, at the end of the period for which funds 
withheld under paragraph (1) from apportionment 
are available for apportionment to a State under 
paragraph (3), the State does not meet the require-
ments of paragraph (2), the funds shall be available 
to the Secretary for making grants under the Na-
tional Freight Competitive Grant Program estab-
lished under section 5507. 
‘‘(e) PERIOD OF AVAILABILITY.—Any funds appor-
tioned to a State under subsection (c) and (d)(4) shall 
remain available for expenditure until the last day of the 
third fiscal year following the fiscal year in which the 
funds are so apportioned. Notwithstanding the limitation 
of funding under section 5507(k), funds not obligated at 
the end of that period shall be available to the Secretary 
for making grants under the National Freight Competitive 
Grant Program established under section 5507. 
‘‘(f) ELIGIBLE USES.—A State may use funds appor-
tioned under this section only for— 
‘‘(1) the development of corridor freight plans 
or regional freight plans; or 
‘‘(2) one or more phases of capital projects, 
equipment, or operational improvements on roads, 
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rails, landside infrastructure on ports and airports, 
and intermodal connectors included in a State 
freight plan for projects that— 
‘‘(A) maintain or improve the efficiency 
and reliability of freight supply chains; 
‘‘(B) demonstrate public freight benefits; 
‘‘(C) improve modal components of a 
multimodal corridor that is critical to a State or 
region; 
‘‘(D) address freight needs to facilitate a 
regionally or nationally significant economic de-
velopment issue; 
‘‘(E) in accordance with the State freight 
plan, decrease— 
‘‘(i) greenhouse gas emissions; 
‘‘(ii) local air pollution, including 
ozone and ozone precursors, nitrogen ox-
ides, sulfur dioxide, particulate matter, 
carbon monoxide, and lead; 
‘‘(iii) water runoff and other adverse 
water impacts; and 
‘‘(iv) wildlife habitat loss; 
‘‘(F) are multimodal, multi-jurisdictional, 
or corridor-based and address freight needs; 
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‘‘(G) relieve freight or non-freight access, 
congestion, or safety issues; 
‘‘(H) mitigate the adverse impact of 
freight movement on communities traversed by 
freight railroads, such as through grade separa-
tions; or 
‘‘(I) address first and last mile connectors. 
‘‘(g) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out by a State using funds appor-
tioned under this section may not be more than 80 per-
cent. 
‘‘(h) LIMITATION ON FUNDING.—The Secretary shall 
make available not more than $4,000,000,000 per fiscal 
year from the Freight Trust Fund established under sec-
tion 6 of the Economy in Motion: The National 
Multimodal and Sustainable Freight Infrastructure Act to 
carry out this section. 
‘‘(i) ADMINISTRATION AND OVERSIGHT COSTS.—The 
Secretary may retain up to one-half of 1 percent of the 
amounts available to carry out this section for each fiscal 
year for the cost of administration and oversight of 
projects funded under this section. 
‘‘(j) DATE AVAILABLE FOR OBLIGATION.—Amounts 
from the Freight Trust Fund made available to a State 
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under this section shall be available for obligation on Octo-
ber 1 of the fiscal year for which they are apportioned. 
‘‘(k) DEFINITIONS.— 
‘‘(1) STATE.—In this section, the term ‘State’ 
means each of the 50 States, the District of Colum-
bia, and Puerto Rico. 
‘‘(2) STATE FREIGHT PLAN.—The term ‘State 
freight plan’ means the State freight plan described 
under section 1118 of MAP–21 (Public Law 112– 
141). 
‘‘§ 5507. National Freight Infrastructure Competitive 
Grant Program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a National Freight Infrastructure Competitive Grant 
Program under which the Secretary may make grants, on 
a competitive basis, to designated entities for eligible 
projects to improve the efficiency and reliability of freight 
movement in the United States. 
‘‘(b) PROJECT GOALS.—In carrying out the Program, 
the Secretary shall prioritize projects that— 
‘‘(1) improve the efficiency and reliability of 
freight transportation; 
‘‘(2) reduce the cost of freight transportation; 
‘‘(3) improve the safety of freight transpor-
tation; 
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‘‘(4) relieve bottlenecks in the freight transpor-
tation system; 
‘‘(5) improve the state of good repair of the 
freight transportation system; and 
‘‘(6) use the environmental strategies to meet 
the goals described in the State freight plan and re-
duce the adverse environmental and community im-
pacts of freight transportation. 
‘‘(c) GRANT APPLICATIONS.—To be eligible to receive 
a grant under the Program a designated entity shall sub-
mit to the Secretary an application at such time, in such 
form, and containing such information as the Secretary 
may require. 
‘‘(d) ELIGIBLE PROJECT.—A project is eligible for a 
grant under the Program only if the Secretary determines 
that the project— 
‘‘(1) is a capital investment project for a trans-
portation infrastructure facility significantly used for 
the movement of freight, including— 
‘‘(A) a road, rail, air, or water facility; 
‘‘(B) an intermodal facility such as a sea-
port or port on the inland waterway system, an 
airport, or a highway and rail intermodal facil-
ity; 
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‘‘(C) a facility related to an international 
border crossing; or 
‘‘(D) is for an operational improvement or 
equipment of a facility described in this para-
graph; 
‘‘(2) will help to achieve the goals set out in 
subsection (b), except that in the case of any envi-
ronmental strategies and goals, the Secretary shall 
make a determination in consultation with the Ad-
ministrator of the Environmental Protection Agency; 
‘‘(3) has non-Federal source or sources of com-
mitted financing, along with any Federal funds, suf-
ficient to complete the project; 
‘‘(4) has independent utility; 
‘‘(5) is included in the State freight plan; and 
‘‘(6) includes the development of project plans 
and analysis. 
‘‘(e) GRANT CRITERIA.—The Secretary shall select 
eligible projects for funding based on the following cri-
teria: 
‘‘(1) The extent to which the project is likely to 
advance the goals described in subsection (b). 
‘‘(2) The likely benefits of the project relative 
to its costs. 
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‘‘(3) The extent to which the project dem-
onstrates the use of innovative technology, strate-
gies, and practices. 
‘‘(4) The extent to which the project dem-
onstrates effective reductions (in accordance with 
the State freight plan) in— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including ozone 
and ozone precursors, nitrogen oxides, sulfur di-
oxide, particulate matter, carbon monoxide, and 
lead; 
‘‘(C) water runoff and other adverse water 
impacts; and 
‘‘(D) wildlife habitat loss. 
‘‘(5) The likely effect of the project on increas-
ing United States exports. 
‘‘(6) The consistency of the project with the na-
tional freight strategic plan described under section 
5508. 
‘‘(7) The extent to which the project leverages 
Federal funds by matching State, local, tribal, or 
private funds to the Federal funding requested 
under the Program. 
‘‘(8) The extent to which funds for the project 
are not available from other Federal sources. 
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‘‘(f) SPECIAL RULE.—A minimum of 5 percent of 
funds awarded under the Program for a fiscal year shall 
be provided to freight electrification demonstration 
projects, as defined by the Secretary of Transportation, 
in consultation with the Administrator of the Environ-
mental Protection Agency. 
‘‘(g) RETROSPECTIVE ANALYSIS.—A grant agree-
ment made under the Program shall require that the re-
cipient collect data and report to the Secretary, at an ap-
propriate time as determined by the Secretary, on— 
‘‘(1) the actual cost of constructing the project; 
‘‘(2) the time required to complete the project 
and put it into service; 
‘‘(3) the level of usage of the facility built or 
improved by the project; 
‘‘(4) the benefits of the project, measured in a 
way that is consistent with the benefits that were es-
timated in the application for funding that was sub-
mitted to the Secretary; and 
‘‘(5) any costs resulting from the project in ad-
dition to the costs of constructing the project. 
‘‘(h) EPA REPORT.—A grant agreement made under 
the Program shall require that the recipient collect data 
and annually report to the Secretary and the Adminis-
trator of Environmental Protection Agency on progress 
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made toward greenhouse gas emission reductions and local 
air pollution reductions in fulfillment of the State freight 
plan. 
‘‘(i) PERIOD
OF AVAILABILITY.—In entering into 
agreements under this section, the Secretary shall ensure 
that any funds made available for a project that are not 
obligated or expended before the last day of the third fiscal 
year following the fiscal year in which the funds are made 
available are transferred back to the Secretary for making 
grants under the Program. 
‘‘(j) FEDERAL SHARE.—The Federal share of the 
cost of a project for which a grant is made under the Pro-
gram, as estimated by the Secretary, shall be not more 
than 80 percent. 
‘‘(k) ADMINISTRATION
AND OVERSIGHT COSTS.— 
The Secretary may retain up to one-half of 1 percent of 
the amounts made available to carry out this section for 
each fiscal year for the cost of administration and over-
sight of projects funded under the Program. 
‘‘(l) CONTRACT AUTHORITY.— 
‘‘(1) DATE
AVAILABLE
FOR
OBLIGATION.— 
Amounts from the Freight Trust Fund to carry out 
this Act shall be available for obligation on October 
1 of the fiscal year for which they are transferred 
to the Secretary. 
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‘‘(2) 
GRANTS
AS
CONTRACTUAL
OBLIGA-
TIONS.—A grant made under the Program is a con-
tractual obligation of the Government to pay the 
Federal share of the cost of the project. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) DESIGNATED
ENTITY.—The term ‘des-
ignated entity’ means— 
‘‘(A) a State; 
‘‘(B) a unit of local government; 
‘‘(C) a metropolitan planning organization; 
‘‘(D) a public transportation authority (in-
cluding a port authority); 
‘‘(E) a tribal government; or 
‘‘(F) or a consortium of the entities de-
scribed in this paragraph. 
‘‘(2) STATE.—The term ‘State’ has the mean-
ing given such term in section 101(a) of title 23. 
‘‘(3) STATE FREIGHT PLAN.—The term ‘State 
freight plan’ means the State freight plan described 
under section 1118 of MAP–21 (Public Law 112– 
141). 
‘‘§ 5508. National freight policy, network, plan, and 
data 
‘‘(a) IN GENERAL.—It is the policy of the United 
States to improve the condition and performance of the 
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national freight system to ensure that the national freight 
system provides the foundation for the United States to 
compete in the global economy and achieve each goal de-
scribed in subsection (b). 
‘‘(b) GOALS.—The goals of the national freight policy 
are— 
‘‘(1) to increase the productivity and efficiency 
of the national freight system so as to enhance the 
economic competitiveness of the United States; 
‘‘(2) to improve the safety, security, and resil-
ience of freight transportation; and 
‘‘(3) to improve quality of life by reducing, 
eliminating or reversing adverse environmental and 
community impacts of freight projects and goods 
movement in the United States. 
‘‘(c) NATIONAL FREIGHT SYSTEM DEFINED.—In 
this section, the term ‘national freight system’ means the 
publicly and privately owned transportation facilities that 
are used in transporting freight within the United States, 
including roads, railroads, ports, waterways, locks and 
dams, airports, airways, warehouses, distribution centers, 
and intermodal facilities. 
‘‘(d) 
MULTIMODAL
NATIONAL
FREIGHT
NET-
WORK.— 
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‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a multimodal national freight network in ac-
cordance with this section to inform public and pri-
vate planning, to prioritize for Federal investment, 
to aid the public and private sector in strategically 
directing resources, and to support Federal decision 
making to achieve the national freight policy goals 
set forth in subsection (b). 
‘‘(2) NETWORK
COMPONENTS.—The national 
freight network shall consist of such connectors, cor-
ridors, and facilities in all freight transportation 
modes as most critical to the current and future 
movement of freight within the national freight sys-
tem. 
‘‘(3) INITIAL DESIGNATION OF THE NATIONAL 
FREIGHT NETWORK.— 
‘‘(A) DESIGNATION.—The Secretary shall 
designate a national freight network— 
‘‘(i) using measurable data to assess 
the significance of goods movement, includ-
ing consideration of points of origin, des-
tination, and linking components of the 
United States global and domestic supply 
chains; 
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‘‘(ii) fostering network connectivity; 
and 
‘‘(iii) reflecting input collected from 
stakeholders through a public process, in-
cluding input from metropolitan planning 
organizations and States, to identify crit-
ical freight facilities that are vital links in 
national or regionally significant goods 
movement and supply chains. 
‘‘(B) FACTORS
FOR
DESIGNATION.—In 
designating the national freight network, the 
Secretary may consider— 
‘‘(i) volume, tonnage, and value of 
freight; 
‘‘(ii) 
origins 
and 
destinations 
of 
freight movement in, to, and from the 
United States; 
‘‘(iii) land and maritime ports of 
entry; 
‘‘(iv) population centers; 
‘‘(v) economic factors or other inputs 
determined to be relevant by the Secretary; 
‘‘(vi) bottlenecks and other impedi-
ments contributing to significant measur-
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able congestion and delay in freight move-
ment; 
‘‘(vii) facilities of future freight im-
portance based on input from stakeholders 
and analysis of projections for future 
growth and changes to the freight system; 
and 
‘‘(viii) elements of the freight system 
identified and documented by a metropoli-
tan planning organization and State using 
national or local data as having critical 
freight importance to the region. 
‘‘(4) 
REDESIGNATION
OF
THE
NATIONAL 
FREIGHT NETWORK.—Not later than 5 years after 
the designation of the national freight network 
under paragraph (2) and every 5 years thereafter, 
using the designation factors described in paragraph 
(1), the Secretary shall redesignate the national 
freight network. 
‘‘(e) NATIONAL FREIGHT STRATEGIC PLAN.— 
‘‘(1) ESTABLISHMENT
OF
PLAN.—Not later 
than October 1, 2015, the Secretary shall, in con-
sultation with the Secretary of Homeland Security, 
Secretary of Commerce, Assistant Secretary of the 
Army for Civil Works, the Administrator of the En-
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vironmental Protection Agency, State departments 
of transportation, and other appropriate public and 
private transportation stakeholders, develop, main-
tain, and post on the Department of Transportation 
public website a national freight strategic plan that 
includes— 
‘‘(A) an assessment of the condition and 
performance of the national freight system; 
‘‘(B) an identification of bottlenecks on the 
national freight system that create significant 
freight congestion problems, based on a quan-
titative methodology developed by the Secretary, 
which shall, at a minimum, include— 
‘‘(i) information from the Freight 
Analysis Framework of the Federal High-
way Administration; and 
‘‘(ii) to the maximum extent prac-
ticable, an estimate of the cost of address-
ing each bottleneck and any operational 
improvements that could be implemented; 
‘‘(C) forecasts of freight volumes for 10- 
year and 20-year periods beginning in the year 
during which the plan is issued; 
‘‘(D) an identification of major trade gate-
ways and national freight corridors that connect 
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major population centers, trade gateways, and 
other major freight generators for current and 
forecasted traffic and freight volumes, the iden-
tification of which shall be revised, as appro-
priate, in subsequent plans; 
‘‘(E) an assessment of statutory, regu-
latory, technological, institutional, financial, 
and other barriers to improved freight transpor-
tation performance (including opportunities for 
overcoming the barriers); 
‘‘(F) an identification of routes providing 
access to energy exploration, development, in-
stallation, or production areas; 
‘‘(G) best practices for improving the per-
formance of the national freight system; 
‘‘(H) best practices for addressing the im-
pacts of freight movement on communities; 
‘‘(I) a process for addressing multistate 
projects and encouraging jurisdictions to col-
laborate; and 
‘‘(J) 
strategies 
to 
improve 
freight 
connectivity between modes of transportation. 
‘‘(2) UPDATES TO NATIONAL FREIGHT STRA-
TEGIC PLAN.—Not later than 5 years after the date 
of completion of the first national freight strategic 
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plan under paragraph (1), and every 5 years there-
after, the Secretary shall update and repost on the 
Department of Transportation public website a re-
vised national freight strategic plan. 
‘‘(f) FREIGHT TRANSPORTATION CONDITIONS AND 
PERFORMANCE REPORTS.—Not later than October 1, 
2015, and biennially thereafter, the Secretary shall pre-
pare a report that contains a description of the conditions 
and performance of the national freight system in the 
United States. 
‘‘(g) TRANSPORTATION
INVESTMENT
DATA
AND 
PLANNING TOOLS.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
new tools and improve existing tools to support an 
outcome-oriented, performance-based approach to 
evaluate proposed freight-related and other transpor-
tation projects, including— 
‘‘(A) methodologies for systematic analysis 
of benefits and costs; 
‘‘(B) freight forecasting models; 
‘‘(C) tools for ensuring that the evaluation 
of freight-related and other transportation 
projects can consider safety, economic competi-
tiveness, environmental sustainability, and sys-
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tem condition in the project selection process; 
and 
‘‘(D) other elements to assist in effective 
transportation planning. 
‘‘(2) FREIGHT
DATA.—In support of these 
tools, and to support a broad range of evaluation 
methods and techniques to assist in making trans-
portation investment decisions, the Secretary shall— 
‘‘(A) direct the collection of appropriate 
transportation-related data, including data to 
measure the condition and performance of the 
national freight system; and 
‘‘(B) consider any improvements to exist-
ing freight data collection efforts that could re-
duce identified freight data gaps and defi-
ciencies and help improve forecasts of freight 
transportation demand. 
‘‘(3) CONSULTATION.—The Secretary shall con-
sult with Federal, State, and other stakeholders to 
develop, improve, and implement the tools and col-
lect the data identified pursuant to this subsection. 
‘‘(4) MULTIMODAL
FREIGHT
MEASURE.—The 
Secretary shall evaluate the analyses and plans re-
quired under section 5506(c)(2) and consider devel-
opment of a national performance measure to assess 
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the efficiency of the multimodal freight network in 
accordance with the national freight strategic plan.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 55 of title 49, United States Code, is 
amended by adding after the item related to section 
5505 the following: 
‘‘5506. Multimodal Freight Funding Formula Program. 
‘‘5507. National Freight Infrastructure Competitive Grant Program. 
‘‘5508. National freight policy, network, plan, and data.’’. 
(2) REPEAL.—Section 167 of title 23, United 
States Code, is repealed. 
(3) CROSS-REFERENCE.—Section 505(a)(3) of 
title 23, United States Code, is amended by striking 
‘‘149, and 167’’ and inserting ‘‘and 149, and section 
5405 of title 49’’. 
SEC. 3. STATE FREIGHT ADVISORY COMMITTEE. 
Section 1117 of MAP–21 (Public Law 112–141) is 
amended to read as follows: 
‘‘SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. 
‘‘(a) IN GENERAL.—The Secretary shall encourage 
each State to establish and maintain a freight advisory 
committee consisting of a representative cross-section of 
public and private sector freight entities, including— 
‘‘(1) any modes of freight transportation active 
in the State, including airports, highways, ports, and 
rail; 
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‘‘(c) ROLES OF COMMITTEE.—The freight advisory 
committee shall— 
‘‘(1) advise the State on freight-related prior-
ities, issues, projects, and funding needs; 
‘‘(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
‘‘(3) communicate and coordinate regional pri-
orities with other organizations; 
‘‘(4) promote the sharing of information be-
tween the private and public sectors on freight 
issues; 
‘‘(5) participate in the development of the State 
freight plan under section 1118, including advising 
on the development of the freight investment plan; 
and 
‘‘(6) approve the State freight plan under sec-
tion 1118, including the freight investment plan.’’. 
SEC. 4. STATE FREIGHT PLANS. 
Section 1118 of MAP–21 (Public Law 112–141) is 
amended to read as follows: 
‘‘SEC. 1118. STATE FREIGHT PLANS. 
‘‘(a) IN GENERAL.—The Secretary shall encourage 
each State to develop a freight plan that provides a 
multimodal, comprehensive plan for the immediate and 
long-range planning activities and investments of the 
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State with respect to freight. The freight plan shall include 
a strategic, long-term component and a tactical, short- 
term component. 
‘‘(b) PLAN CONTENTS.—The freight plan described 
in subsection (a) shall consider all modes of freight trans-
portation in the State and include, at a minimum— 
‘‘(1) an identification of significant freight sys-
tem trends, needs, and issues with respect to a 
State; 
‘‘(2) a description of the freight policies, strate-
gies, and performance measures that will guide the 
freight-related transportation investment decisions of 
the State; 
‘‘(3) a description of how the plan will improve 
the ability of the State to meet the national freight 
goals established under section 5508 of title 49, 
United States Code; 
‘‘(4) evidence of consideration of innovative 
technologies and operational strategies, including in-
telligent transportation systems, that improve the 
safety and efficiency of freight movement; 
‘‘(5) in the case of routes on which travel of 
heavy vehicles (including mining, agricultural, en-
ergy cargo or equipment, and timber vehicles) is pro-
jected to substantially deteriorate the condition of 
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the roadways, a description of improvements that 
may be required to reduce or impede the deteriora-
tion; 
‘‘(6) an inventory of facilities with freight mo-
bility issues, such as truck bottlenecks, within the 
State, and a description of the strategies the State 
is employing to address those freight mobility issues; 
‘‘(7) strategies and goals to decrease— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including ozone 
and ozone precursors, nitrogen oxides, sulfur di-
oxide, particulate matter, carbon monoxide, and 
lead; 
‘‘(C) water runoff and other adverse water 
impacts; and 
‘‘(D) wildlife habitat loss; and 
‘‘(8) a freight investment plan that includes a 
list of projects in order of priority and describes how 
multimodal freight investment funds under the 
Economy in Motion: The National Multimodal and 
Sustainable Freight Infrastructure Act would be in-
vested and matched. 
‘‘(c) REQUIREMENT OF ANTICIPATED FULL FUND-
ING.—The freight investment plan required under sub-
section (b)(8) may only include a project, or an identified 
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phase of a project, if funding for completion of the project 
can reasonably be anticipated to be available for the 
project within the time period identified in the freight in-
vestment plan. 
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—The 
freight plan described in subsection (a) may be developed 
separate from, or incorporated into, the long-range state-
wide transportation plan required under section 135(f) of 
title 23, United States Code. 
‘‘(e) CERTIFICATION.—The Secretary shall approve a 
freight plan if such plan meets the requirements of this 
section and is consistent with the National freight stra-
tegic plan described in section 5508 of title 49, United 
States Code. The Secretary, in consultation with the Ad-
ministrator of the Environmental Protection Agency shall 
certify any environmental goal or strategy provisions of 
the plan. 
‘‘(f) FORECAST PERIOD.—The freight plan described 
in subsection (a) shall address a 10-year and 20-year fore-
cast period. 
‘‘(g) UPDATES.—A State shall update the freight 
plan at least every 5 years.’’. 
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SEC. 5. FREIGHT TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 9512. FREIGHT 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 ‘Freight Trust Fund’ (hereinafter in 
this section referred to as the ‘Fund’) consisting of such 
amounts as may be appropriated or credited to such Fund 
as provided in this section or section 9602(b). 
‘‘(b) TRANSFERS TO THE FUND.—There are hereby 
appropriated to the Fund amounts equivalent to taxes re-
ceived in the Treasury under section 4286. 
‘‘(c) EXPENDITURES FROM FUND.—Amounts in the 
Fund shall be made available to the Secretary of Trans-
portation on October 1 of each fiscal year without further 
appropriation for making expenditures to meet the obliga-
tions of the United States to carry out sections 5506 and 
5507 of title 49, United States Code, not more than 1 
percent of which for any fiscal year may be used for ad-
ministrative expenses.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter A of chapter 98 of the Internal Revenue 
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Code of 1986 is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 9512. Freight Trust Fund.’’. 
SEC. 6. FREIGHT MOBILITY INFRASTRUCTURE TAX. 
(a) IMPOSITION OF TAX.—Chapter 33 of the Internal 
Revenue Code of 1986 is amended by adding after sub-
chapter C the following new subchapter: 
‘‘Subchapter D—Transportation by Freight 
and Highway 
‘‘Sec. 4286. Imposition of tax. 
‘‘SEC. 4286. IMPOSITION OF TAX. 
‘‘(a) IN GENERAL.—There is hereby imposed upon 
taxable ground transportation of property within the 
United States a tax equal to 1 percent of the amount paid 
for such transportation. 
‘‘(b) BY WHOM PAID.— 
‘‘(1) IN
GENERAL.—Except as provided by 
paragraph (2), the tax imposed by subsection (a) 
shall be paid— 
‘‘(A) by the person making the payment 
subject to tax, or 
‘‘(B) in the case of transportation by a re-
lated person, by the person for whom such 
transportation is made. 
‘‘(2) PAYMENTS MADE OUTSIDE THE UNITED 
STATES.—If a payment subject to tax under sub-
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section (a) is made outside the United States and 
the person making such payment does not pay such 
tax, such tax— 
‘‘(A) shall be paid by the person to whom 
the property is delivered in the United States 
after the final segment of transportation in the 
United States, and 
‘‘(B) shall be collected by the person fur-
nishing the last segment of such transportation. 
‘‘(3) DETERMINATIONS OF AMOUNTS PAID IN 
CERTAIN CASES.—For purposes of this section, rules 
similar to the rules of section 4271(c) shall apply. 
‘‘(c) TRANSPORTATION BY RELATED PERSONS.—In 
the case of transportation of property by the taxpayer or 
a person related to the taxpayer, the fair market value 
of such transportation shall be the amount which would 
be paid for transporting such property if such property 
were transported by an unrelated person, determined on 
an arms’ length basis. 
‘‘(d) DEFINITIONS.—For purposes of this sub-
chapter— 
‘‘(1) TAXABLE GROUND TRANSPORTATION.— 
‘‘(A) IN
GENERAL.—The term ‘taxable 
ground transportation’ means transportation of 
property by— 
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‘‘(i) freight rail, or 
‘‘(ii) commercial motor vehicle (as de-
fined in section 31101(1) of title 49, 
United States Code) for a distance of more 
than 50 miles. 
‘‘(B) PASSENGER BAGGAGE EXCLUDED.— 
For purposes of subparagraph (A), the term 
‘property’ does not include baggage accom-
panying a passenger traveling on an established 
line. 
‘‘(2) RELATED PERSON.—A person (hereinafter 
in this paragraph referred to as the ‘related person’) 
is related to any person if— 
‘‘(A) the related person bears a relation-
ship to such person specified in section 267(b) 
or 707(b)(1), or 
‘‘(B) the related person and such person 
are engaged in trades or businesses under com-
mon control (within the meaning of subsections 
(a) and (b) of section 52). 
For purposes of the preceding sentence, in applying 
sections 267(b) and 707(b)(1), ‘10 percent’ shall be 
substituted for ‘50 percent’ each place it appears. 
‘‘(e) TRANSFER OF AMOUNTS EQUIVALENT TO TAX 
TO FREIGHT TRUST FUND.—There are hereby appro-
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priated to the Freight Trust Fund amounts equivalent to 
the taxes received in the Treasury under subsection (a). 
‘‘(f) EXEMPTION FOR UNITED STATES AND POSSES-
SIONS AND STATE AND LOCAL GOVERNMENTS.—The tax 
imposed by subsection (a) shall not apply to the transpor-
tation of property purchased for the exclusive use of the 
United States, or any State or political subdivision there-
of.’’. 
(b) CREDITS OR REFUNDS TO PERSONS WHO COL-
LECTED CERTAIN TAXES.—Section 6415 of such Code is 
amended by striking ‘‘or 4271’’ each place it appears and 
inserting ‘‘4271, or 4286’’. 
(c) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Treasury shall issue regulations to carry out the 
amendments made by this section. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to transportation beginning on or 
after the last day of the 180-day period beginning on the 
date of the issuance of regulations under subsection (c). 
Æ 
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