Freight Infrastructure Reinvestment Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5908 To establish the National Freight Mobility Infrastructure Fund, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2020 Mr. SMITH of Washington (for himself and Mr. MCNERNEY) 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 jurisdic- tion of the committee concerned A BILL To establish the National Freight Mobility Infrastructure Fund, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Freight Infrastructure 4 Reinvestment Act of 2020’’. 5 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5908 IH SEC. 2. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE 1 IMPROVEMENT PROGRAM. 2 (a) ESTABLISHMENT.—The Secretary of Transpor- 3 tation shall establish a National Freight Mobility Infra- 4 structure Improvement Program under which the Sec- 5 retary is authorized to make grants, on a competitive 6 basis, to States and designated entities for eligible costs 7 associated with projects to improve efficiency and capacity 8 with respect to freight mobility in the United States. 9 (b) GRANT APPLICATIONS.— 10 (1) IN GENERAL.—To be eligible to receive a 11 grant under the program a State or designated enti- 12 ty shall submit to the Secretary an application at 13 such time, in such form, and containing such infor- 14 mation as the Secretary may require. 15 (2) SOLICITATION.—The Secretary shall con- 16 duct a national solicitation for applications under 17 the program. 18 (c) GRANT CRITERIA.— 19 (1) ESTABLISHMENT.—The Secretary, in ac- 20 cordance with this subsection, shall establish criteria 21 for selecting among applications submitted for 22 grants under the program. 23 (2) REQUIREMENTS.—A project is eligible for a 24 grant under the program only if the Secretary deter- 25 mines that the project— 26 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5908 IH (A) is of national or regional significance, 1 including projects to assist— 2 (i) the construction of grade separa- 3 tions at railroad, highway, and railroad- 4 highway junctions; 5 (ii) the construction of railroad by- 6 passes and spurs; 7 (iii) the construction of railroad side 8 tracks; 9 (iv) the expansion of rail and highway 10 tunnels to accommodate wider, taller, and 11 additional volumes of vehicular and rail 12 freight and container stacks; 13 (v) the addition of railroad track and 14 intermodal facilities at international gate- 15 ways, land, air, and sea ports, points of 16 congestion, and logistic centers; 17 (vi) highway and road construction 18 (including reinforcement for heavy weight 19 vehicles and heavy traffic volume) at inter- 20 national gateways, land, air, and sea ports, 21 points of congestion, and logistic centers, 22 including freight intermodal connectors, to 23 better accommodate and speed the flow of 24 freight traffic; 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5908 IH (vii) the construction and improve- 1 ment of rail and highway bridges that 2 carry a substantial amount of freight; 3 (viii) the construction of highway 4 ramps built to carry a substantial amount 5 of freight; 6 (ix) the construction of highway lanes, 7 including lanes that segregate freight and 8 passenger vehicular traffic; and 9 (x) the construction and improvement 10 of marine terminal facilities used for 11 freight; 12 (B) will improve freight mobility, capacity, 13 and efficiency in the United States; 14 (C) is cost effective; 15 (D) is based on the results of preliminary 16 engineering; 17 (E) is justified based on the extent to 18 which the project— 19 (i) will enhance State, regional, or na- 20 tional economic development, performance, 21 and efficiency as measured by— 22 (I) the creation of new businesses 23 and jobs and the retention of existing 24 businesses and jobs; 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5908 IH (II) State and local tax receipts; 1 and 2 (III) improved safety, as meas- 3 ured by reductions in accidents, inju- 4 ries, and fatalities; and 5 (ii) will maximize economic opportuni- 6 ties for communities; and 7 (F) is supported by an acceptable degree 8 of non-Federal financial commitments, includ- 9 ing that— 10 (i) the project provides for the avail- 11 ability of contingency amounts that, as de- 12 termined by the Secretary, are reasonable 13 to cover unanticipated cost increases; and 14 (ii) each proposed non-Federal source 15 of financing is stable, reliable, and avail- 16 able within the project timetable. 17 (3) CONSIDERATIONS.—In selecting a project 18 for a grant under the program, the Secretary shall 19 consider the extent to which the project— 20 (A) meets the requirements specified in 21 paragraph (2); 22 (B) facilitates freight throughput of higher 23 volume and values; 24 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5908 IH (C) uses operational efficiencies, including 1 intelligent transportation systems, that enhance 2 the efficiency or effectiveness (or both) of the 3 project; 4 (D) helps maintain or protect the environ- 5 ment; and 6 (E) improves or enhances segments of the 7 National Multimodal Freight Network estab- 8 lished pursuant to section 70103 of title 49, 9 United States Code. 10 (d) CONGRESSIONAL NOTIFICATION AND DIS- 11 APPROVAL.— 12 (1) NOTIFICATION.— 13 (A) IN GENERAL.—At least 60 days before 14 making a grant for a project under the pro- 15 gram, the Secretary shall notify, in writing, the 16 Committee on Transportation and Infrastruc- 17 ture of the House of Representatives and the 18 Committee on Environment and Public Works 19 and the Committee on Commerce, Science, and 20 Transportation of the Senate of the proposed 21 grant. 22 (B) CONTENTS.—The notification shall in- 23 clude an evaluation and justification for each 24 successful project that includes— 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5908 IH (i) a detailed explanation of how the 1 project satisfied grant criteria and consid- 2 erations; 3 (ii) the amount of the proposed grant 4 award; and 5 (iii) an executive summary of the 6 project application submitted for funding. 7 (2) DISAPPROVAL.—The Secretary may not 8 make a grant or any other obligation or commitment 9 to fund a project under the program if a joint reso- 10 lution is enacted disapproving funding for the 11 project before the last day of the 60-day period de- 12 scribed in paragraph (1)(A). 13 (e) REPORTS.— 14 (1) ANNUAL REPORT.—The Secretary shall 15 make available on the internet website of the De- 16 partment of Transportation at the end of each fiscal 17 year an annual report that lists each project for 18 which a grant has been provided under the program 19 during that fiscal year. 20 (2) COMPTROLLER GENERAL.— 21 (A) ASSESSMENT.—The Comptroller Gen- 22 eral of the United States shall conduct an as- 23 sessment of the administrative establishment, 24 solicitation, selection, and justification process 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5908 IH with respect to the funding of grants under the 1 program. 2 (B) REPORT.—Not later than 1 year after 3 the initial awarding of grants under the pro- 4 gram, the Comptroller General shall submit to 5 the Committee on Transportation and Infra- 6 structure of the House of Representatives and 7 the Committee on Environment and Public 8 Works and the Committee on Commerce, 9 Science, and Transportation of the Senate a re- 10 port that describes— 11 (i) the adequacy and fairness of the 12 process by which each project was selected, 13 if applicable; and 14 (ii) the justification and criteria used 15 for the selection of each project, if applica- 16 ble. 17 (f) FUNDING.—The Secretary shall carry out the pro- 18 gram using amounts made available to the Secretary from 19 the National Freight Mobility Infrastructure Fund estab- 20 lished under section 9512 of the Internal Revenue Code 21 of 1986. 22 (g) LIMITATION ON GRANT DISTRIBUTION.—Not 23 more than 10 percent of the amounts available during a 24 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5908 IH fiscal year for grants under the program may be used for 1 projects located in a single State. 2 (h) FULL FUNDING GRANT AGREEMENTS.—The 3 Secretary may enter into a grant under the program that 4 provides funding for a project in more than 1 fiscal year. 5 An agreement for such a grant shall— 6 (1) establish the maximum amount of Federal 7 financial assistance for the project; 8 (2) establish the time period for Federal finan- 9 cial assistance for the project; 10 (3) provide grant funds for the fiscal year in 11 which the grant is made; and 12 (4) include a commitment, that is not an obli- 13 gation of the Federal Government and that is con- 14 tingent on the availability of funds, for grant 15 amounts to be provided in fiscal years following the 16 fiscal year in which the grant is made. 17 (i) NON-FEDERAL FINANCIAL COMMITMENTS.— 18 (1) FEDERAL SHARE.—The Federal share of 19 the cost of a project for which a grant is made 20 under the program, as estimated by the Secretary, 21 shall be not more than 80 percent. 22 (2) CONSIDERATIONS.—In assessing the sta- 23 bility, reliability, and availability of proposed sources 24 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5908 IH of non-Federal financing for purposes of subsection 1 (c)(2)(F)(ii), the Secretary shall consider— 2 (A) existing financial commitments; 3 (B) the degree to which financing sources 4 are dedicated to the purposes proposed; 5 (C) any debt obligation that exists or is 6 proposed by the grant recipient for the pro- 7 posed project; and 8 (D) the extent to which the project has a 9 non-Federal financial commitment that exceeds 10 the required non-Federal share of the cost of 11 the project. 12 (j) HIGHWAY CONSTRUCTION.—A grant made to as- 13 sist the construction of a highway under the program shall 14 be subject to the requirements relating to such construc- 15 tion under title 23, United States Code. 16 (k) OTHER TERMS AND CONDITIONS.—The Sec- 17 retary shall ensure that all grants made under the pro- 18 gram are subject to terms, conditions, and requirements 19 that the Secretary decides are necessary or appropriate 20 for purposes of this section, including requirements for the 21 disposition of net increases in the value of real property 22 resulting from the project assisted under the program. 23 (l) ADMINISTRATIVE COSTS.—In carrying out the 24 program, the Secretary shall seek to minimize administra- 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5908 IH tive costs, including overhead, enforcement, and auditing 1 costs related to the program. 2 (m) ANNUAL REPORT.—Not later than 1 year after 3 the date of enactment of this Act, and annually thereafter, 4 the Secretary shall submit to the Committee on Transpor- 5 tation and Infrastructure of the House of Representatives 6 and the Committee on Commerce, Science, and Transpor- 7 tation of the Senate a report on the activities of the Sec- 8 retary under the program. 9 (n) REGULATIONS.—Not later than 180 days after 10 the date of enactment of this Act, the Secretary shall issue 11 regulations to carry out this section. 12 (o) DEFINITIONS.—In this section, the following defi- 13 nitions apply: 14 (1) DESIGNATED ENTITY.—The term ‘‘des- 15 ignated entity’’ means— 16 (A) A State or a group of States. 17 (B) A metropolitan planning organization 18 that serves an urbanized area (as defined by 19 the Bureau of the Census) with a population of 20 more than 200,000 individuals. 21 (C) A unit of local government or a group 22 of local governments. 23 (D) A political subdivision of a State or 24 local government. 25 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 5908 IH (E) A special purpose district or public au- 1 thority with a transportation function, including 2 a port authority. 3 (F) A Tribal government or a consortium 4 of Tribal governments. 5 (G) A multistate or multijurisdictional 6 group of entities described in this paragraph. 7 (2) ELIGIBLE COSTS.—The term ‘‘eligible 8 costs’’ means the costs of a project with respect to— 9 (A) development phase activities, including 10 planning, feasibility analysis, revenue forecast- 11 ing, environmental review, preliminary engineer- 12 ing and design work, and other preconstruction 13 activities; and 14 (B) construction, reconstruction, rehabili- 15 tation, acquisition of real property (including 16 land related to a project and improvements to 17 land), environmental mitigation, construction 18 contingencies, acquisition of equipment, and 19 operational improvements. 20 (3) PROGRAM.—The term ‘‘program’’ means 21 the National Freight Mobility Infrastructure Im- 22 provement Program established under subsection 23 (a). 24 VerDate Sep 11 2014 21:04 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 5908 IH (4) STATE.—The term ‘‘State’’ has the mean- 1 ing given such term in section 101(a) of title 23, 2 United States Code. 3 SEC. 3. FREIGHT MOBILITY INFRASTRUCTURE TAX. 4 (a) IMPOSITION OF TAX.—Chapter 33 of the Internal 5 Revenue Code of 1986 is amended by adding after sub- 6 chapter C the following new subchapter: 7 ‘‘Subchapter D—Transportation By Freight 8 And Highway 9 ‘ [Text truncated for display. Full text available on Congress.gov.]