[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5624 Introduced in House (IH)]

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 
Competitive 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 
Committee on Transportation and Infrastructure, and in addition to the 
Committee 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 Program 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 Representatives 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 Infrastructure Act''.

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:
``Sec. 5506. Multimodal Freight Funding Formula Program
    ``(a) In General.--The Secretary shall establish a Multimodal 
Freight Funding Formula Program under which the Secretary shall 
distribute funds to States to improve 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 eligible States the amount made 
available to the Secretary for that fiscal year to carry out the 
Multimodal Freight Funding 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.
            ``(3) 6.25 percent in the ratio that--
                    ``(A) the number of cargo-handling airports 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, highway, 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--
            ``(1) has an established a freight advisory committee 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 determined by the 
        Secretary and in consultation with the Administrator of the 
        Environmental Protection Agency in the case of environment 
        goals and strategies, 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 transportation, 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--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution, including ozone and 
                ozone precursors, nitrogen oxides, sulfur dioxide, 
                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 withhold 60 percent 
        of the amount required to be apportioned to a State under 
        subsection (b) on October 1 of a fiscal year if the State does 
        not meet the requirements 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 
                subsection (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
                    ``(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 transportation, 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 
        requirements of paragraph (2), the Secretary shall, on the 
        first day that the State meets the requirements, apportion to 
        the State the funds withheld under paragraph (1) that remain 
        available for apportionment to the State.
            ``(5) Effect of noncompliance.--Notwithstanding 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 requirements of 
        paragraph (2), the funds shall be available to the Secretary 
        for making grants under the National Freight Competitive Grant 
        Program established under section 5507.
    ``(e) Period of Availability.--Any funds apportioned 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 apportioned 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, 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 
                development issue;
                    ``(E) in accordance with the State freight plan, 
                decrease--
                            ``(i) greenhouse gas emissions;
                            ``(ii) local air pollution, including ozone 
                        and ozone precursors, nitrogen oxides, 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;
                    ``(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 separations; 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 apportioned under this section may 
not be more than 80 percent.
    ``(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 section 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 under this section shall be 
available for obligation on October 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 Columbia, 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).
``Sec. 5507. National Freight Infrastructure Competitive Grant Program
    ``(a) Establishment.--The Secretary shall establish 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 transportation;
            ``(4) relieve bottlenecks in the freight transportation 
        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 reduce the adverse 
        environmental and community impacts of freight transportation.
    ``(c) Grant Applications.--To be eligible to receive a grant under 
the Program a designated entity shall submit 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 transportation 
        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 seaport or 
                port on the inland waterway system, an airport, or a 
                highway and rail intermodal facility;
                    ``(C) a facility related to an international border 
                crossing; or
                    ``(D) is for an operational improvement or 
                equipment of a facility described in this paragraph;
            ``(2) will help to achieve the goals set out in subsection 
        (b), except that in the case of any environmental strategies 
        and goals, the Secretary shall make a determination in 
        consultation with the Administrator of the Environmental 
        Protection Agency;
            ``(3) has non-Federal source or sources of committed 
        financing, along with any Federal funds, sufficient 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 criteria:
            ``(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.
            ``(3) The extent to which the project demonstrates the use 
        of innovative technology, strategies, and practices.
            ``(4) The extent to which the project demonstrates 
        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 dioxide, 
                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 increasing United 
        States exports.
            ``(6) The consistency of the project with the national 
        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.
    ``(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 
Environmental Protection Agency.
    ``(g) Retrospective Analysis.--A grant agreement made under the 
Program shall require that the recipient collect data and report to the 
Secretary, at an appropriate 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 estimated in the 
        application for funding that was submitted to the Secretary; 
        and
            ``(5) any costs resulting from the project in addition 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 Administrator of Environmental Protection Agency on 
progress 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 Program, 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 
oversight 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.
            ``(2) Grants as contractual obligations.--A grant made 
        under the Program is a contractual 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 `designated entity' 
        means--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a metropolitan planning organization;
                    ``(D) a public transportation authority (including 
                a port authority);
                    ``(E) a tribal government; or
                    ``(F) or a consortium of the entities described in 
                this paragraph.
            ``(2) State.--The term `State' has the meaning 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).
``Sec. 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 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 described 
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 resilience 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 Network.--
            ``(1) Establishment.--The Secretary shall establish a 
        multimodal national freight network in accordance with this 
        section to inform public and private 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, corridors, and facilities in 
        all freight transportation modes as most critical to the 
        current and future movement of freight within the national 
        freight system.
            ``(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, including 
                        consideration of points of origin, destination, 
                        and linking components of the United States 
                        global and domestic supply chains;
                            ``(ii) fostering network connectivity; and
                            ``(iii) reflecting input collected from 
                        stakeholders through a public process, 
                        including input from metropolitan planning 
                        organizations and States, to identify critical 
                        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 impediments 
                        contributing to significant measurable 
                        congestion and delay in freight movement;
                            ``(vii) facilities of future freight 
                        importance 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 metropolitan 
                        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 consultation with the Secretary 
        of Homeland Security, Secretary of Commerce, Assistant 
        Secretary of the Army for Civil Works, the Administrator of the 
        Environmental Protection Agency, State departments of 
        transportation, and other appropriate public and private 
        transportation stakeholders, develop, maintain, 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 quantitative 
                methodology developed by the Secretary, which shall, at 
                a minimum, include--
                            ``(i) information from the Freight Analysis 
                        Framework of the Federal Highway 
                        Administration; and
                            ``(ii) to the maximum extent practicable, 
                        an estimate of the cost of addressing 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 gateways and 
                national freight corridors that connect major 
                population centers, trade gateways, and other major 
                freight generators for current and forecasted traffic 
                and freight volumes, the identification of which shall 
                be revised, as appropriate, in subsequent plans;
                    ``(E) an assessment of statutory, regulatory, 
                technological, institutional, financial, and other 
                barriers to improved freight transportation performance 
                (including opportunities for overcoming the barriers);
                    ``(F) an identification of routes providing access 
                to energy exploration, development, installation, or 
                production areas;
                    ``(G) best practices for improving the performance 
                of the national freight system;
                    ``(H) best practices for addressing the impacts of 
                freight movement on communities;
                    ``(I) a process for addressing multistate projects 
                and encouraging jurisdictions to collaborate; and
                    ``(J) strategies to improve freight connectivity 
                between modes of transportation.
            ``(2) Updates to national freight strategic plan.--Not 
        later than 5 years after the date of completion of the first 
        national freight strategic plan under paragraph (1), and every 
        5 years thereafter, the Secretary shall update and repost on 
        the Department of Transportation public website a revised 
        national freight strategic plan.
    ``(f) Freight Transportation Conditions and Performance Reports.--
Not later than October 1, 2015, and biennially thereafter, the 
Secretary shall prepare 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 transportation 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 competitiveness, 
                environmental sustainability, and system 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 transportation 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 existing freight 
                data collection efforts that could reduce identified 
                freight data gaps and deficiencies and help improve 
                forecasts of freight transportation demand.
            ``(3) Consultation.--The Secretary shall consult with 
        Federal, State, and other stakeholders to develop, improve, and 
        implement the tools and collect the data identified pursuant to 
        this subsection.
            ``(4) Multimodal freight measure.--The Secretary shall 
        evaluate the analyses and plans required under section 
        5506(c)(2) and consider development of a national performance 
        measure to assess 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;
            ``(2) shippers;
            ``(3) carriers;
            ``(4) freight-related associations;
            ``(5) the freight industry workforce;
            ``(6) the transportation department of the State;
            ``(7) metropolitan planning organizations;
            ``(8) local governments;
            ``(9) the environmental protection department of the State, 
        if applicable; and
            ``(10) the air resources board of the State, if applicable.
    ``(b) Qualifications.--Members of a committee established under 
subsection (a) shall be widely recognized to have qualifications 
sufficient to represent the interests of their specific stakeholder 
group, including--
            ``(1) a general business and financial experience;
            ``(2) experience or qualifications in the areas freight 
        transportation and logistics;
            ``(3) experience in transportation planning;
            ``(4) experience representing employees of the freight 
        industry; or
            ``(5) experience representing a State, local government, or 
        metropolitan planning organization.
    ``(c) Roles of Committee.--The freight advisory committee shall--
            ``(1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
            ``(2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
            ``(3) communicate and coordinate regional priorities with 
        other organizations;
            ``(4) promote the sharing of information between 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 section 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 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 transportation in the State and 
include, at a minimum--
            ``(1) an identification of significant freight system 
        trends, needs, and issues with respect to a State;
            ``(2) a description of the freight policies, strategies, 
        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 intelligent 
        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, energy cargo or 
        equipment, and timber vehicles) is projected to substantially 
        deteriorate the condition of the roadways, a description of 
        improvements that may be required to reduce or impede the 
        deterioration;
            ``(6) an inventory of facilities with freight mobility 
        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 dioxide, 
                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 invested and matched.
    ``(c) Requirement of Anticipated Full Funding.--The freight 
investment plan required under subsection (b)(8) may only include a 
project, or an identified 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 investment 
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 statewide 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 strategic plan described in section 5508 of title 
49, United States Code. The Secretary, in consultation with the 
Administrator 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 forecast period.
    ``(g) Updates.--A State shall update the freight plan at least 
every 5 years.''.

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 established 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 received in the Treasury under section 
4286.
    ``(c) Expenditures From Fund.--Amounts in the Fund shall be made 
available to the Secretary of Transportation on October 1 of each 
fiscal year without further appropriation for making expenditures to 
meet the obligations 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 administrative expenses.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following 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 subchapter 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 related 
                person, by the person for whom such transportation is 
                made.
            ``(2) Payments made outside the united states.--If a 
        payment subject to tax under subsection (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 furnishing 
                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 subchapter--
            ``(1) Taxable ground transportation.--
                    ``(A) In general.--The term `taxable ground 
                transportation' means transportation of property by--
                            ``(i) freight rail, or
                            ``(ii) commercial motor vehicle (as defined 
                        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 accompanying 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 relationship 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 common 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 appropriated to the Freight Trust Fund amounts 
equivalent to the taxes received in the Treasury under subsection (a).
    ``(f) Exemption for United States and Possessions and State and 
Local Governments.--The tax imposed by subsection (a) shall not apply 
to the transportation of property purchased for the exclusive use of 
the United States, or any State or political subdivision thereof.''.
    (b) Credits or Refunds to Persons Who Collected 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).
                                 <all>