1.Short title; table of
contents
(a)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)
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)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)The Office shall be headed by an Assistant Secretary
for Freight Planning and Development who shall be appointed by the
Secretary.
(c)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)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)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)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)The
Assistant Secretary for Freight Planning and Development (appointed under
section 2(b)) shall be the chairperson of the Committee.
(d)The
Committee shall meet at the call of the chairperson at least twice each
year.
(e)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)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)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)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)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)In conducting the rulemaking proceeding under
subparagraph (A), the Assistant Secretary shall provide notice and an
opportunity for public comment.
(C)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)The Assistant Secretary may amend the standards established
under subparagraph (A) as the Assistant Secretary determines necessary.
(4)
(A)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 agenciesIn 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)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)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)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)
(A)The Assistant Secretary shall establish a process for
entities to apply for designation as a freight corridor coalition under
paragraph (1).
(B)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)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)The amount of each grant made under this paragraph shall
be at least $150,000.
(5)
(A)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)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)
(1)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)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)
(A)The Assistant
Secretary shall establish a process for States to submit an application for a
grant under paragraph (1).
(B)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
considerationIn 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)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 environmentThe
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 securityThe 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)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)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)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)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)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)
(A)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 fundingAs 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 fundingIf 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)
(A)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)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)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)
(A)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 transportationIf 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 transportationIf 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 reportNot 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.
(a)Goods Movement
Trust Fund
(1)
(A)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)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)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 sumsIn 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)
(1)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 creditsThe 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)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)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)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 the case of diesel fuel, the rate in effect under
paragraph (2)(A)(iii) shall be increased by 12 cents.
(B)
(i)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)Any
increase under clause (i) shall be rounded to the nearest multiple of one-tenth
of 1
cent.
.
(B)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)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 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)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)
(1)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 witnessesFor 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 taxPayment 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 taxFor 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)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)).
.
(ii)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)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.
.
(D)The amendments made by
this paragraph shall apply to fuel sold after September 30, 2011.
(b)Authorizations
of appropriations
(1)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)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)
(1)Date available
for obligationAuthorizations
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 obligationsA 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)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)No funds may be appropriated to carry out
this Act unless the amount described in paragraph (1) has been provided.
(3)Enforcement of
guaranteesIt 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)In
this subsection, the following definitions apply:
(A)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 interestThe
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.In this Act, the following definitions
apply:
(1)The
term freight means goods transported for a fee by a water, land,
or air transportation mode.
(2)The term freight corridor means a
designated route along which freight is moved, including water, land, and air
routes.
(3)The
term Secretary means the Secretary of Transportation.