H.R. 1122House112th Congress (2011-2013)In Committee

Freight FOCUS Act of 2011

Introduced March 16, 2011

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

March 17, 2011

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HouseIntro Referral

Introduced in House

March 16, 2011

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, and Rules, 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.

March 16, 2011

HouseCommittee

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

March 17, 2011

Floor Debate

22 members

What members said about H.R. 1122 on the floor

10 Republicans12 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 26, 2012

I thank the ranking member, and I thank the chairman of the full committee, of the subcommittee, both chair and ranking member. I do too want to take a moment to thank the ranking member for his long…

John W. Olver
Rep. John W. OlverD-MA-1 · Jun 26, 2012

I yield myself such time as I may consume. Mr. Chairman, it is a pleasure to see the Transportation, Housing and Urban Development and Related Agencies appropriations bill for fiscal year 2013…

Tom Latham
Rep. Tom LathamR-IA-4 · Jun 26, 2012

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 5972, and that I may include tabular…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Jun 29, 2012

Mr. Speaker, I thank my friend and colleague for yielding the time, and I yield myself such time as I may consume. I rise to express my disappointment, not necessarily in this measure, but in how it…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Jun 26, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment is very straightforward. It would simply reduce the overall funding for the Office of Civil Rights within the Department of…

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Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Jun 26, 2012

I thank Ranking Member Olver, the gentleman from Massachusetts, for recognizing me today. First, I would like to share my appreciation for all of the work that Congressman Olver has dedicated his…

Daniel Webster
Rep. Daniel WebsterR-FL-8 · Jun 29, 2012

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 717 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jun 26, 2012

I have an amendment at the desk. It is the desire of this House and Members of this side of the aisle that we put an end to earmarks, and yet some might say that in this bill there contains $150…

Lois Capps
Rep. Lois CappsD-CA-23 · Jun 26, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, this is a straightforward amendment to increase funding for the HUD Housing Counseling Assistance Program. As we all know, the foreclosure…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · Jun 26, 2012

Mr. Chairman, I move to strike the last word. Mr. Chairman, I rise today in support of the Waters- McCollum-Lee-Cleaver-Bass-Richardson-Rush-Matsui amendment which, unfortunately, was not found in…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Jun 26, 2012

I have an amendment at the desk. Mr. Chairman, my amendment underscores the point that we need to be doing more, not less, to combat the dangerous habit of distracted driving on our Nation's…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Jun 26, 2012

I have an amendment at the desk. Mr. Chair, I thank my colleagues Betty McCollum, Barbara Lee, Emanuel Cleaver, Karen Bass, Laura Richardson, Bobby Rush, and Doris Matsui all for cosponsoring this…

Harold Rogers
Rep. Harold RogersR-KY-5 · Jun 26, 2012

Mr. Chairman, I thank the gentleman for yielding. I rise in support of this bill. This is the sixth bill that we've considered on the House floor, which means the House is nearly halfway done with…

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Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jun 29, 2012

I appreciate the gentleman's courtesy in permitting me to speak on this bill. Mr. Speaker, there's no small amount of irony that we are having this discussion today. It's on the anniversary of…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Jun 26, 2012

Mr. Chairman, I have an amendment at the desk. If the House is to live up to the promises the Republican majority made to the American people to bring spending under control, some tough choices are…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 29, 2012

Let me thank the distinguished gentleman from Florida for his courtesies and his friendship. We've known each other a long time, and his service has been one of great commendation, and the manager as…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Jun 26, 2012

Mr. Chairman, first, let me thank our ranking member for yielding. But also, I want to thank yourself and our subcommittee chair and the entire staff for their tireless effort to bring this…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Jun 29, 2012

Mr. Speaker, I thank my friend from Florida for yielding. It's not often that I find agreement with both of my friends from Florida at the same time. When I listened to my friend from Florida, my…

Judy Biggert
Rep. Judy BiggertR-IL-13 · Jun 29, 2012

Mr. Speaker, I rise today to urge my colleagues today to support this bipartisan compromise to enact three of our top economic priorities. Some people have said, Well, we don't like the bundling; we…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Jun 26, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, before I get to the substance of the amendment, I cannot allow the occasion to pass because it may be my last comment on the floor on this…

Bruce L. Braley
Rep. Bruce L. BraleyD-IA-1 · Jun 26, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, I want to make a specific point of emphasizing that I'm offering this amendment in honor of one of the gentleman from Iowa's constituents, a…

John Abney Culberson
Rep. John Abney CulbersonR-TX-7 · Jun 26, 2012

I move to strike the last word. Madam Chairman, I want to be sure to point out to the House that the account is authorized. Under the Passenger Rail Improvement Act, in order for the metropolitan…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-1 · Jun 26, 2012

Madam Chair, I have an amendment at the desk. Madam Chair, I rise today in support of my amendment to H.R. 5972, the Transportation, Housing and Urban Development and Related Agencies Appropriations…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · Jun 29, 2012

Mr. Speaker, I rise in support of the conference report on H.R. 4348, the Surface Transportation Extension Act, which provides funding for the Federal-aid highway program through fiscal year 2014 at…

Bill Text

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Introduced in HouseIssued March 16, 2011

I

112th CONGRESS

1st Session

H. R. 1122

IN THE HOUSE OF REPRESENTATIVES

March 16, 2011

Ms. Richardson introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means and Rules, 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 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.

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 2011 or the Freight FOCUS Act of 2011.

(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.

2.

Office of Freight Planning and Development

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish 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;

(3)

facilitate communication among public and private stakeholders with respect to freight issues;

(4)

provide recommendations to the Secretary on Federal, State, and local public and private funding sources for projects with respect to freight; and

(5)

develop the national freight plan under subsection (d).

(d)

National freight plan

Not later than 3 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 Department 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 section 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—

(A)

economic and trade policies related to freight movement; and

(B)

public health and environmental conditions related to freight movement; and

(5)

an assessment of challenges related to freight movement and recommendations for addressing those challenges.

3.

Freight Advisory Committee

(a)

Establishment

Not later than one year after the date of enactment of this Act, the Secretary shall establish a Freight Advisory Committee (in this section referred to as the Committee).

(b)

Membership

The Committee shall be composed of 20 individuals who represent public and private stakeholders with respect to freight, including representatives 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;

(7)

public health advocates;

(8)

labor;

(9)

third-party logistics providers; and

(10)

others determined appropriate by the Secretary.

(c)

Chairperson

The Assistant Secretary for Freight Planning and Development (appointed under section 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)

advise the Assistant Secretary on the development of measures to predict growth in freight movement and develop such measures when necessary;

(3)

facilitate the sharing of information relating to freight between public and private entities;

(4)

assist the Assistant Secretary with the development of the national freight plan under section 2(d); and

(5)

assist the Assistant Secretary with the development of freight corridor snapshot reports under section 4(e).

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 national significance

(1)

In general

Not later than 2 years after the date of enactment of this Act, and every 3 years thereafter, the Assistant Secretary shall designate the multimodal freight corridors in the United States that the Assistant Secretary has determined, 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 corridors designated under paragraph (1) and contains—

(A)

a map of the corridors;

(B)

a detailed description of the standards used to designate the corridors;

(C)

statistics supporting the designation of each corridor; and

(D)

a description of the role of each corridor in supporting the economy and freight transportation system of the United States.

(3)

Rulemaking to determine designation standards

(A)

In general

Before the first designation of freight corridors as freight corridors of national significance under paragraph (1), the Assistant Secretary, in consultation with the Freight Advisory Committee (established under section 3(a)), shall conduct a rulemaking proceeding to establish publicly available, objective, and quantifiable standards for designations under paragraph (1).

(B)

Public participation

In conducting the rulemaking proceeding under subparagraph (A), the Assistant Secretary shall provide notice and an opportunity for public comment.

(C)

Criteria

The standards established under subparagraph (A) shall ensure that, in designating a freight corridor as a freight corridor of national significance, the following criteria are accurately measured and considered (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 generated by transportation improvements carried out along the corridor, including the creation or sustaining of jobs, expansion of business opportunities, or increasing 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 congestion and travel delay along the corridor.

(D)

Ability to amend

The Assistant Secretary may amend the standards established under subparagraph (A) as the Assistant Secretary determines necessary.

(4)

Data collection

(A)

In general

The Assistant Secretary, in consultation with the Freight Advisory 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 consultation with the heads of relevant Federal departments and agencies, methods for improving the sources of the data to reduce deficiencies in the data and assist projections of transportation demand.

(B)

Cooperation of Federal departments and agencies

In carrying out subparagraph (A), the Assistant Secretary may request from any Federal department or agency the data determined necessary by the Assistant Secretary to designate freight corridors as freight corridors of national significance under paragraph (1). The head of a Federal department or agency shall provide to the Assistant Secretary data requested under this subparagraph.

(C)

Projections

The Assistant Secretary, in consultation with the Freight Advisory 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 public 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 designate one entity to serve as a freight corridor coalition 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 individuals representing each of the following:

(A)

The State transportation agency of each State in which a portion of the corridor is located.

(B)

The metropolitan planning organization (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 located.

(C)

Modes of freight transportation that operate along the corridor.

(D)

Ports along the corridor.

(E)

Environmental protection organizations.

(F)

Public health advocates.

(G)

Labor.

(H)

Private stakeholders, including shippers, carriers, and freight-related associations.

(3)

Application process

(A)

In general

The Assistant Secretary shall establish a process for entities to apply for designation as a freight corridor coalition under paragraph (1).

(B)

Application

The application of an entity for designation as a freight corridor coalition 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, including with respect to the performance of analysis, consensus building, and planning.

(iii)

Information demonstrating that the entity has, or will develop, the legal, financial, technical, and political capacity and support from relevant organizations necessary to carry out the functions of a freight corridor coalition under this subsection.

(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 expenses

(A)

In general

The Assistant Secretary is authorized to make grants to a freight corridor coalition designated under paragraph (1) to assist the coalition with administrative expenses.

(B)

Grant amounts

The amount of each grant made under this paragraph shall be at least $150,000.

(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 corridor coalition shall submit to the Assistant Secretary a freight corridor plan that includes—

(i)

a prioritized list of projects that are eligible for grant assistance under subsection (d) and that the coalition has determined will improve the freight movement performance of the freight corridor of national significance represented by the coalition;

(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 that each member of the coalition shall provide the State sponsor with respect to the project;

(iv)

a funding plan, including a specification of funding sources, for each project specified in the list under clause (i);

(v)

a description of how projects specified in the list under clause (i) support connectivity at State borders;

(vi)

a detailed description of the corridor, 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 corridor;

(IV)

the performance of the corridor and projections of future corridor performance, including with respect to the speed and reliability of travel along the corridor;

(V)

any environmental or public health issues related to freight movement 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 appropriate.

(B)

Project prioritization

In determining the priority of a project specified in a freight corridor plan under subparagraph (A), a freight corridor coalition shall consider the following:

(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 corridor snapshot report under subsection (e).

(iii)

The improvement in freight movement that will result from the project and the impact of failing to carry out the project.

(iv)

Whether the project will address a bridge in need of repair.

(v)

The amount of non-Federal funding available for the project, including funding from public-private partnerships.

(vi)

The benefits of the project unrelated 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 conservation 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 benefits of the project, including with respect to accident and injury reduction with a goal of reducing by 10 percent the number of fatalities related to freight transportation by the year 2015.

(xii)

Whether the project involves the replacement or repair of an existing surface transportation facility—

(I)

the replacement or repair of which will result in economic and mobility benefits for the United States; and

(II)

that, if not replaced or repaired, will likely deteriorate substantially and negatively impact the economy and transportation system of the United States.

(xiii)

Whether the project will not be completed without Federal support.

(xiv)

The regional and national economic development benefits of the project, including with respect to trade facilitation.

(xv)

Whether the project will be carried out on a publicly owned site.

(xvi)

Whether the project most efficiently utilizes public funding.

(d)

Grants

(1)

In general

In carrying out the Program, the Assistant Secretary is authorized to make a grant to any State to assist any project—

(A)

specified in paragraph (2); and

(B)

for the improvement of freight movement.

(2)

Eligible projects

The projects eligible for grant assistance under paragraph (1) are the following:

(A)

A project for the development or improvement of a port.

(B)

A project for the development or improvement of a multimodal terminal facility.

(C)

A project for the development or improvement of a land port of entry.

(D)

A project to improve freight rail performance, including through capacity expansion.

(E)

A project for the development or improvement 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 facilities, including ports, terminals, and distribution centers;

(iii)

improves freight transportation to or from an international gateway, including ports, airports, and border crossings; or

(iv)

improves access for, and the emergency capabilities of, military personnel and equipment.

(F)

A project for the development or improvement of an intelligent transportation system for freight that reduces congestion and improves safety.

(G)

A project for the development or improvement 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 develop or improve a lock or dam, if the project is being carried out in coordination with the Corps of Engineers.

(K)

A project to benefit the environment, including through the reduction of emissions determined by the Assistant Secretary, in consultation with the Administrator of the Environmental Protection Agency, to be harmful to the environment.

(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 Secretary determines appropriate.

(O)

Planning, preparation, or design activities with respect to any project described in this paragraph.

(3)

Application process

(A)

In general

The Assistant Secretary shall establish a process for States to submit an application for a grant under paragraph (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 determination by the Assistant Secretary that the project for which the application was submitted is—

(i)

highly recommended to be carried out;

(ii)

recommended to be carried out; or

(iii)

not recommended to be carried out.

(4)

Priorities and consideration

In making grants under paragraph (1), the Assistant Secretary shall—

(A)

give priority to projects listed in a freight corridor plan submitted under subsection (c)(5)(A) and according to the prioritization of projects in that plan; and

(B)

give consideration to the criteria specified 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 environment

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 with the primary purpose of benefitting the environment, including projects that reduce emissions determined by the Assistant Secretary, in consultation with the Administrator of the Environmental Protection Agency, to be harmful to the environment.

(7)

Projects that benefit freight security

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 with the primary purpose of improving freight security, including cargo inspection projects and education and training projects related to security.

(8)

Project costs

In carrying out this subsection, the Assistant Secretary shall establish standards for estimating project costs and shall evaluate the cost estimation, contracting, and cost reduction practices of States that receive grants under paragraph (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 Assistant 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 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 management plan shall document, with respect to a project—

(i)

the procedures in effect to provide timely information to project decisionmakers to allow the decisionmakers to effectively manage the scope, costs, schedules, 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 respect 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 receiving a grant under paragraph (1), the Governor of the State receiving the grant shall submit to the Assistant Secretary a certification that the State will maintain its effort with respect to the funding of freight projects.

(B)

Statement of intended funding

As part of the certification under subparagraph (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 funding

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 Secretary 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 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.

(C)

Exceptions

The provisions of this paragraph shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary as promoting equal employment opportunity in connection with a construction program.

(12)

Funding by mode

(A)

Determination

In making grants under paragraph (1) each fiscal year, the Assistant Secretary shall determine if any portion of the amounts made available for the grants was generated for deposit in the Goods Movement 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 transportation, 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.

(C)

Portion not 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 transportation, the Assistant Secretary shall ensure that 50 percent of the portion of those amounts that was not generated by a single 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 publish on the Web site of the Department of Transportation a detailed analysis of the performance of each freight corridor designated as a freight corridor of national significance under subsection (b) and any other freight corridor determined appropriate for inclusion by the Assistant Secretary, including an analysis of congestion, safety, environmental, public health, infrastructure condition, and accessibility issues with respect to the freight corridor.

5.

Funding

(a)

Goods Movement Trust Fund

(1)

Establishment

(A)

In general

Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

9512.

Goods Movement Trust Fund

(a)

Creation of trust fund

There is established in the Treasury of the United States a trust fund to be known as the Goods Movement Trust Fund, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b).

(b)

Transfers to trust fund

There are hereby 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 addition 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

(1)

In general

Amounts in the Goods Movement Trust Fund shall be available, as provided in appropriations Acts, only for purposes of making expenditures to carry out the Freight FOCUS Act of 2011.

(2)

Transfers from trust fund for certain repayments and credits

The Secretary shall pay from time to time from the Goods Movement 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

Paragraph (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 following:

Sec. 9512. Goods Movement Trust Fund.

.

(2)

Increase in diesel tax for transportation of goods by highway

(A)

In general

Subsection (a) of section 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 adjustment 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.

.

(B)

Effective date

The amendment made by this paragraph shall apply to fuel removed, entered, or sold after September 30, 2011.

(3)

Diesel fuel not used for movement of goods by highway

(A)

In general

Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

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 (without 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 subsection (a) shall be filed at such time and in such form and manner as the Secretary of the Treasury shall by regulation prescribe.

(c)

Applicable laws

(1)

In general

All provisions of law, including penalties, applicable in respect of the taxes imposed by section 4081 shall, insofar as applicable and not inconsistent with this section, apply in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of overpayments of the tax so imposed.

(2)

Examination of books and witnesses

For the purpose of ascertaining the correctness of any claim made under this section, or the correctness of any payment made in respect of any such claim, the Secretary shall have the authority granted by paragraphs (1), (2), and (3) of section 7602(a) (relating to examination of books and witnesses) as if the claimant were the person liable for tax.

(d)

Income tax credit in lieu of payment

(1)

Persons not subject to income tax

Payment shall be made under this section only to—

(A)

the United States or an agency or instrumentality thereof, a State, a political subdivision of a State, or any agency or instrumentality of one or more States or political subdivisions, or

(B)

an organization exempt from tax under section 501(a) (other than an organization required to make a return of the tax imposed under subtitle A for its taxable year).

(2)

Allowance of credit against income tax

For allowance of credit against the income tax imposed by subtitle A for diesel fuel used for any purpose other than in the trade or business of moving goods by highway, see section 34.

.

(B)

Allowance of credit against income tax

(i)

In general

Subsection (a) of section 34 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and, and by adding at the end the following:

(4)

under section 6433 (determined without regard to section 6433(d)).

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(ii)

Conforming amendment

Subsection (b) of section 34 of such Code is amended—

(I)

by striking 6421 or 6427 and inserting 6421, 6427, or 6433, and

(II)

by striking 6421(i) or 6427(k) and inserting 6421(i), 6427, or 6433.

(C)

Clerical amendment

The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following:

Sec. 6433. Diesel fuel not used for movement of goods by highway.

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(D)

Effective date

The amendments made by this paragraph shall apply to fuel sold after September 30, 2011.

(b)

Authorizations of appropriations

(1)

In general

There is authorized to be appropriated from the Goods Movement Trust Fund (established under subsection (a)) to carry out this Act for a fiscal year the level of receipts plus interest (as that term is defined in subsection (d)) with respect to the Goods Movement Trust Fund for that fiscal year.

(2)

Allocation of amounts

Of the amounts made available to carry out this Act for a fiscal year—

(A)

$5,000,000 shall be available to carry out section 2 for that fiscal year;

(B)

$3,000,000 shall be available to carry out section 3 for the first full fiscal year beginning after the date of enactment of this Act and $1,000,000 for each fiscal year thereafter;

(C)

$5,000,000 shall be available to carry out section 4, except for the making of grants under subsections (c)(4) and (d) of that section, for that fiscal year;

(D)

$2,000,000 shall be available to make grants under section 4(c)(4) for that fiscal year; and

(E)

the remainder shall be available to make grants under section 4(d) for that fiscal year.

(c)

Contract authority

(1)

Date available for obligation

Authorizations from the Goods Movement Trust Fund to carry out this Act shall be available for obligation on October 1 of the fiscal year for which they are authorized.

(2)

Grants as contractual obligations

A grant made under subsection (c)(4) or (d) of section 4 that is approved by the Assistant Secretary is a contractual obligation of the Government to pay the Federal share of the cost of the project.

(d)

Goods Movement Trust Fund guarantee

(1)

In general

The total budget resources made available from the Goods Movement Trust Fund each fiscal year to carry out this Act shall be equal to the level of receipts plus interest with respect to the Goods Movement Trust Fund for that fiscal year. Such amounts may be used only to carry out this Act.

(2)

Guarantee

No funds may be appropriated to carry out this Act unless the amount described in paragraph (1) has been provided.

(3)

Enforcement of guarantees

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year to carry out this Act for such fiscal year to be less than the amount required by paragraph (1) for such fiscal year.

(4)

Definitions

In this subsection, the following definitions apply:

(A)

Total budget resources

The term total budget resources means the total amount made available by appropriations Acts from the Goods Movement Trust Fund for a fiscal year to carry out this Act.

(B)

Level of receipts plus interest

The term level of receipts plus interest means the level of funding appropriated or credited to the Goods Movement Trust Fund under section 9512 of the Internal Revenue Code of 1986 for a fiscal year as estimated in the budget of the United States Government for that fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code. The President shall ensure that an estimate of such funding is included in each such budget.

6.

Definitions

In this Act, the following definitions apply:

(1)

Freight

The term freight means goods transported for a fee by a water, land, or air transportation mode.

(2)

Freight corridor

The term freight corridor means a designated route along which freight is moved, including water, land, and air routes.

(3)

Secretary

The term Secretary means the Secretary of Transportation.