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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 371 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 371

  To improve the efficiency, operation, and security of the national 
  transportation system to move freight by leveraging investments and 
 promoting partnerships that advance interstate and foreign commerce, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2011

Mr. Lautenberg (for himself, Mrs. Murray, and Ms. Cantwell) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science and Transportation

_______________________________________________________________________

                                 A BILL

 
  To improve the efficiency, operation, and security of the national 
  transportation system to move freight by leveraging investments and 
 promoting partnerships that advance interstate and foreign commerce, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Focusing 
Resources, Economic Investment, and Guidance to Help Transportation Act 
of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--FREIGHT TRANSPORTATION POLICY AND STRATEGIC DEVELOPMENT.

Sec. 101. Federal Government role in freight transportation.
Sec. 102. Office of Freight Planning and Development.
Sec. 103. Transportation investment planning tools.
              TITLE II--FREIGHT TRANSPORTATION INVESTMENT.

Sec. 201. National freight infrastructure investment grants.
Sec. 202. Port infrastructure development initiative.

    TITLE I--FREIGHT TRANSPORTATION POLICY AND STRATEGIC DEVELOPMENT

SEC. 101. FEDERAL GOVERNMENT ROLE IN FREIGHT TRANSPORTATION.

    (a) In General.--Subchapter I of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``310. National freight transportation policy
    ``(a) National Freight Transportation Policy.--It is the policy of 
the United States to improve the efficiency, operation, and security of 
the national transportation system to move freight by leveraging 
investments and promoting partnerships that advance interstate and 
foreign commerce, promote economic competitiveness and job creation, 
improve the safe and efficient mobility of goods, and protect the 
public health and the environment.
    ``(b) Objectives.--The objectives of the policy are--
            ``(1) to target investment in freight transportation 
        projects that strengthen the economic competitiveness of the 
        United States with a focus on domestic industries and 
        businesses and the creation of high-value jobs;
            ``(2) to promote and advance energy conservation and the 
        environmental sustainability of freight movements;
            ``(3) to facilitate and advance the safety and health of 
        the public, including communities adjacent to freight 
        movements;
            ``(4) to provide for systematic and balanced investment to 
        improve the overall performance and reliability of the national 
        transportation system to move freight, including ensuring trade 
        facilitation and transportation system improvements are 
        mutually supportive;
            ``(5) to promote partnerships between Federal, State, and 
        local governments, the private sector, and other transportation 
        stakeholders to leverage investments in freight transportation 
        projects; and
            ``(6) to encourage adoption of operational policies, such 
        as intelligent transportation systems, to improve the 
        efficiency of freight-related transportation movements and 
        infrastructure.
    ``(c) Goals.--
            ``(1) In general.--The goals of the policy are--
                    ``(A) to reduce transportation infrastructure-
                related delays of goods and commodities entering into 
                and out of international points of entry on an annual 
                basis;
                    ``(B) to increase travel time reliability on major 
                freight corridors that connect major population centers 
                to freight generators and international gateways on an 
                annual basis;
                    ``(C) to reduce by 10 percent the number of freight 
                transportation-related fatalities by 2015;
                    ``(D) to reduce national freight transportation-
                related carbon dioxide levels by 40 percent by 2030; 
                and
                    ``(E) to reduce freight transportation-related air, 
                water, and noise pollution and impacts on ecosystems 
                and communities on an annual basis.
            ``(2) Baselines.--Not later than 2 years after the date of 
        enactment of the Focusing Resources, Economic Investment, and 
        Guidance to Help Transportation Act of 2011, the Secretary 
        shall develop baselines for the goals and shall determine 
        appropriate methods of data collection to measure the 
        attainment of the goals, utilizing the tools and data developed 
        under section 103 of that Act.
            ``(3) Authority.--Notwithstanding any other provision of 
        law in effect as of the date of enactment of the Focusing 
        Resources, Economic Investment, and Guidance to Help 
        Transportation Act of 2011, the Secretary may, through a 
        process of public notice and comment and with reasonable prior 
        notice to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure preceding any significant 
        change, consistent with the public interest, amend the goals 
        under this subsection or develop additional goals to 
        effectively meet the policy and objectives set forth in this 
        section.''.
    (b) Conforming Amendments.--The table of contents for chapter 3 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 309 the following:

``310. National freight transportation policy''.

SEC. 102. OFFICE OF FREIGHT PLANNING AND DEVELOPMENT.

    (a) In General.--Section 102 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Office of Freight Planning and Development.--
            ``(1) Establishment.--There is established within the 
        Office of the Secretary an Office of Freight Planning and 
        Development. The Office shall--
                    ``(A) coordinate investment of Federal funding to 
                improve the efficiency of the national transportation 
                system to move freight consistent with the policy, 
                objectives, and goals of section 310;
                    ``(B) facilitate communication among government, 
                public, and private freight transportation 
                stakeholders;
                    ``(C) support the Secretary in the development of 
                the National Freight Transportation Strategic Plan; and
                    ``(D) carry out other duties, as prescribed by the 
                Secretary.
            ``(2) Organization.--The head of the Office shall be the 
        Assistant Secretary of Freight Planning and Development.
            ``(3) National freight transportation strategic plan.--
                    ``(A) Development.--Not later than 2 years after 
                the date of enactment of the Focusing Resources, 
                Economic Investment, and Guidance to Help 
                Transportation Act of 2011, the Secretary shall develop 
                a long-term National Freight Transportation Strategic 
                Plan to guide planning and investments in the national 
                transportation system to move freight to achieve the 
                policy, objectives, and goals set forth in section 310.
                    ``(B) Contents.--The Plan shall include--
                            ``(i) an assessment of the current national 
                        transportation system to move freight and the 
                        system's ability to achieve the policy, 
                        objectives, and goals set forth in section 310;
                            ``(ii) an analysis of emerging and long-
                        term projected trends in economic and national 
                        trade policies, public health, and 
                        environmental conditions that will impact the 
                        performance, needs, and uses of the national 
                        transportation system to move freight;
                            ``(iii) a description of the major 
                        challenges to effectively meeting the policy, 
                        objectives, and goals set forth in section 310 
                        and a plan to address such challenges;
                            ``(iv) a proposed investment plan to 
                        develop priorities for Federal investments to 
                        implement the policy, objectives, and goals in 
                        section 310 and a strategy to develop the 
                        coalitions, partnerships, and other 
                        collaborative financing efforts necessary to 
                        ensure stable, reliable funding and completion 
                        of freight corridors and projects;
                            ``(v) guidelines to encourage the 
                        appropriate balance of means to finance the 
                        national transportation system to move freight 
                        to implement the Plan and the investment plan 
                        proposed under clause (iv); and
                            ``(vi) a list of priority freight corridors 
                        and gateways to be improved and developed to 
                        meet the policy, objectives, and goals set 
                        forth in section 310.
                    ``(C) Plan development.--In developing the Plan, 
                the Secretary shall--
                            ``(i) consult with appropriate Federal 
                        agencies, State, local, and tribal governments, 
                        public and private transportation stakeholders, 
                        organizations representing transportation 
                        employees, appropriate foreign governments, and 
                        other interested parties;
                            ``(ii) consider ongoing Federal, State and 
                        corridor-wide transportation plans;
                            ``(iii) provide for public notice and 
                        comment, including public hearings; and
                            ``(iv) as appropriate, establish advisory 
                        committees to assist with developing the Plan.
                    ``(D) Submission and publication.--Upon completion 
                of the Plan, the Secretary shall--
                            ``(i) post it on the Department of 
                        Transportation's public Web site; and
                            ``(ii) submit it to the Senate Committee on 
                        Commerce, Science, and Transportation, the 
                        Senate Committee on Appropriations, the House 
                        of Representatives Committee on Transportation 
                        and Infrastructure, and the House of 
                        Representatives Committee on Appropriations.
                    ``(E) Implementation.--Notwithstanding any other 
                provision of law in effect on the date of enactment of 
                the Focusing Resources, Economic Investment, and 
                Guidance to Help Transportation Act of 2011, the 
                Secretary shall--
                            ``(i) implement the Plan consistent with 
                        sections 302, 5503, 10101, and 13101 of this 
                        title and section 101 of title 23 to the extent 
                        that such sections do not conflict with the 
                        policy, objectives, and goals established by 
                        section 310;
                            ``(ii) review and revise as necessary all 
                        relevant freight transportation planning 
                        requirements to ensure that such requirements 
                        require that regional, State, and local surface 
                        transportation planning efforts funded with 
                        Federal funds are consistent with the policy, 
                        objectives, and goals established by section 
                        310; and
                            ``(iii) require recipients of Federal non-
                        competitively awarded transportation funds and 
                        competitively awarded freight-related grant 
                        funds to submit a comprehensive annual report 
                        on the use of such funds used for freight 
                        projects, including a description of--
                                    ``(I) which projects and priorities 
                                were funded with such funds;
                                    ``(II) the rationale and method 
                                employed for apportioning such funds to 
                                the projects and priorities; and
                                    ``(III) how the obligation of such 
                                funds is consistent with or advances 
                                the policy and objectives established 
                                by section 310 and the Plan.
                    ``(F) Progress reports.--The Secretary shall submit 
                biennial progress reports on the implementation of the 
                Plan beginning 2 years after the date on which the 
                Secretary posts the completed Plan on the Department's 
                Web site. The progress reports shall--
                            ``(i) describe progress made toward fully 
                        implementing the Plan and achieving the policy, 
                        objectives, and goals established under section 
                        310;
                            ``(ii) describe challenges and obstacles to 
                        full implementation;
                            ``(iii) describe updates to the Plan 
                        necessary to reflect changed circumstances or 
                        new developments; and
                            ``(iv) make policy and legislative 
                        recommendations the Secretary believes are 
                        necessary and appropriate to fully implement 
                        the Plan.
                    ``(G) Data.--The Secretary may conduct studies, 
                gather information, and require the production of data 
                necessary to develop or update the Plan.
                    ``(H) Funding.--There are authorized to be 
                appropriated to the Secretary of Transportation 
                $3,000,000 to implement this subsection.''.
    (b) Conforming Amendments.--
            (1) Section 102(e) of title 49, United States Code, is 
        amended by striking ``4'' and inserting ``5''.
            (2) Section 5315 of title 5, United States Code, is amended 
        by striking ``(4)'' in the item relating to Assistant 
        Secretaries of Transportation and inserting ``(5)''.

SEC. 103. TRANSPORTATION INVESTMENT DATA AND PLANNING TOOLS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary shall--
            (1) develop new tools or improve existing tools to support 
        an outcome-oriented, performance-based approach to evaluate 
        proposed freight-related and other transportation projects. 
        These new or improved tools shall include--
                    (A) a systematic cost-benefit analysis;
                    (B) an evaluation of external effects on 
                congestion, pollution, the environment, and the public 
                health;
                    (C) a valuation of modal alternatives; and
                    (D) other elements to assist in effective 
                transportation planning; and
            (2) facilitate the collection of transportation-related 
        data to support a broad range of evaluation methods and 
        techniques such as demand forecasts, modal diversion forecasts, 
        estimates of the effect of proposed investments on congestion, 
        pollution, public health, and other factors, to assist in 
        making transportation investment decisions. At a minimum, the 
        Secretary, in consultation with other relevant Federal 
        agencies, shall consider any improvements to the Commodity Flow 
        Survey that reduce identified freight data gaps and 
        deficiencies and help evaluate forecasts of transportation 
        demand.
    (b) Consultation.--To the extent practicable, the Secretary shall 
consult with Federal, State, and local transportation planners to 
develop, improve, and implement the tools and collect the data in 
subsection (a).

              TITLE II--FREIGHT TRANSPORTATION INVESTMENT

SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT GRANTS.

    (a) Establishment of Program.--Chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:

                 ``SUBCHAPTER III. FINANCIAL ASSISTANCE

``5581. National freight infrastructure investment grants
    ``(a) Establishment of Program.--The Secretary of Transportation 
shall establish a competitive grant program to provide financial 
assistance for capital investments that improve the efficiency of the 
national transportation system to move freight.
    ``(b) Eligible Projects.--An applicant is eligible for a grant 
under this section for--
            ``(1) a port development or improvement project;
            ``(2) a multimodal terminal facility project;
            ``(3) a land port of entry project;
            ``(4) a freight rail improvement or capacity expansion 
        project;
            ``(5) an intelligent transportation system project 
        primarily for freight benefit that reduces congestion or 
        improves safety;
            ``(6) a project that improves access to a port or terminal 
        facility; or
            ``(7) planning, preparation, or design of any project 
        described in paragraph (1), (2), (3), (4), (5), or (6).
    ``(c) Project Selection Criteria.--In determining whether to award 
a grant to an eligible applicant under this section, the Secretary 
shall consider the extent to which the project--
            ``(1) supports the objectives of the National Freight 
        Transportation Strategic Plan developed under section 
        102(h)(3);
            ``(2) leverages Federal investment by encouraging non-
        Federal contributions to the project, including contributions 
        from public-private partnerships;
            ``(3) improves the mobility of goods and commodities;
            ``(4) incorporates new and innovative technologies, 
        including freight-related intelligent transportation systems;
            ``(5) improves energy efficiency or reduces greenhouse gas 
        emissions;
            ``(6) helps maintain or protect the environment, including 
        reducing air and water pollution;
            ``(7) reduces congestion;
            ``(8) improves the condition of the freight infrastructure, 
        including bringing it into a state of good repair;
            ``(9) improves safety, including reducing transportation 
        accidents, injuries, and fatalities;
            ``(10) demonstrates that the proposed project cannot be 
        readily and efficiently realized without Federal support and 
        participation; and
            ``(11) enhances national or regional economic development, 
        growth, and competitiveness.
    ``(d) Priority.--The Secretary shall give priority to projects that 
have the highest system performance improvement relative to their 
benefit-cost analysis, as measured by the tools developed under section 
103 of the Focusing Resources, Economic Investment, and Guidance to 
Help Transportation Act of 2011.
    ``(e) Letters of Intent.--
            ``(1) The Secretary may issue a letter of intent to an 
        applicant announcing an intention to obligate, for a major 
        capital project under this subsection, an amount from future 
        available budget authority specified in law that is not more 
        than the amount stipulated as the financial participation of 
        the Secretary in the project.
            ``(2) At least 30 days before issuing a letter under 
        paragraph (1) of this subsection, the Secretary shall notify in 
        writing the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure of the proposed letter or 
        agreement. The Secretary shall include with the notification a 
        copy of the proposed letter or agreement, the criteria used 
        under subsection (c) for selecting the project for a grant 
        award, and a description of how the project meets such 
        criteria.
            ``(3) An obligation or administrative commitment may be 
        made only when amounts are made available. The letter of intent 
        shall state that the contingent commitment is not an obligation 
        of the Federal Government, and is subject to the availability 
        of funds under Federal law and to Federal laws in force or 
        enacted after the date of the contingent commitment.
    ``(f) Federal Share of Net Project Cost.--
            ``(1) Based on engineering studies, studies of economic 
        feasibility, and information on the expected use of equipment 
        or facilities, the Secretary shall estimate the net project 
        cost.
            ``(2) The Federal share of a grant for the project shall 
        not exceed 80 percent of the project net capital cost.
            ``(3) The Secretary shall give priority in allocating 
        future obligations and contingent commitments to incur 
        obligations to grant requests seeking a lower Federal share of 
        the project net capital cost.
    ``(g) Cooperative Agreements.--
            ``(1) In General.--An applicant may enter into an agreement 
        with any public, private, or nonprofit entity to cooperatively 
        implement any project funded with a grant under this 
        subchapter.
            ``(2) Forms of participation.--Participation by an entity 
        under paragraph (1) may consist of--
                    ``(A) ownership or operation of any land, facility, 
                vehicle, or other physical asset associated with the 
                project;
                    ``(B) cost-sharing of any project expense or non-
                Federal share of the project cost, including in kind 
                contributions;
                    ``(C) carrying out administration, construction 
                management, project management, project operation, or 
                any other management or operational duty associated 
                with the project; and
                    ``(D) any other form of participation approved by 
                the Secretary.
    ``(h) Oversight Program.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary shall establish an 
                oversight program to monitor the effective and 
                efficient use of funds authorized to carry out this 
                section.
                    ``(B) Minimum requirement.--At a minimum, the 
                program shall be responsive to all areas relating to 
                financial integrity and project delivery.
            ``(2) Financial integrity.--
                    ``(A) Financial management systems.--The Secretary 
                shall perform annual reviews that address elements of 
                the applicant's financial management systems that 
                affect projects approved under subsection (a).
                    ``(B) Project costs.--The Secretary shall develop 
                minimum standards for estimating project costs and 
                shall periodically evaluate the practices of applicants 
                for estimating project costs, awarding contracts, and 
                reducing project costs.
            ``(3) Project delivery.--The Secretary shall perform annual 
        reviews that address elements of the project delivery system of 
        an applicant, which elements include one or more activities 
        that are involved in the life cycle of a project from 
        conception to completion of the project.
            ``(4) Responsibility of the applicants.--
                    ``(A) In general.--Each applicant shall submit to 
                the Secretary for approval such plans, specifications, 
                and estimates for each proposed project as the 
                Secretary may require.
                    ``(B) Applicant subrecipients.--The applicant shall 
                be responsible for determining that a subrecipient of 
                Federal funds under this section has--
                            ``(i) adequate project delivery systems for 
                        projects approved under this section; and
                            ``(ii) sufficient accounting controls to 
                        properly manage such Federal funds.
                    ``(C) Periodic review.--The Secretary shall 
                periodically review the monitoring of subrecipients by 
                the applicant.
            ``(5) Specific oversight responsibilities.--Nothing in this 
        section shall affect or discharge any oversight responsibility 
        of the Secretary specifically provided for under this title or 
        other Federal law.
    ``(i) Major Projects.--
            ``(1) In general.--A recipient of a grant for a project 
        under this section with an estimated total cost of $500,000,000 
        or more, and a recipient for such other projects as may be 
        identified by the Secretary, shall submit to the Secretary for 
        each project--
                    ``(A) a project management plan; and
                    ``(B) an annual financial plan.
            ``(2) Project management plan.--A project management plan 
        shall document--
                    ``(A) the procedures and processes that are in 
                effect to provide timely information to the project 
                decisionmakers to effectively manage the scope, costs, 
                schedules, quality of, and the Federal requirements 
                applicable to, the project; and
                    ``(B) the role of the agency leadership and 
                management team in the delivery of the project.
            ``(3) Financial plan.--A financial plan shall--
                    ``(A) be based on detailed estimates of the cost to 
                complete the project; and
                    ``(B) provide for the annual submission of updates 
                to the Secretary that are based on reasonable 
                assumptions, as determined by the Secretary, of future 
                increases in the cost to complete the project.
    ``(j) Other Projects.--A recipient of Federal financial assistance 
for a project under this title with an estimated total cost of 
$100,000,000 or more that is not covered by subsection (i) shall 
prepare an annual financial plan. Annual financial plans prepared under 
this subsection shall be made available to the Secretary for review 
upon the request of the Secretary.
    ``(k) Other Terms and Conditions.--The Secretary shall determine 
what additional grant terms and conditions are necessary and 
appropriate to meet the requirements of this section.
    ``(l) Regulations.--Within 1 year after the date of enactment of 
the Focusing Resources, Economic Investment, and Guidance to Help 
Transportation Act of 2011, the Secretary shall prescribe regulations 
to implement this section.
    ``(m) Applicant Defined.--In this subchapter, the term 
``applicant'' includes a State, a political subdivision of a State, 
government-sponsored authorities and corporations, and the District of 
Columbia.
    ``(n) Secretarial Oversight.--
            ``(1) The Secretary may use no more than 1 percent of 
        amounts made available in a fiscal year for capital projects 
        under this subchapter to enter into contracts to oversee the 
        construction of such projects.
            ``(2) The Secretary may use amounts available under 
        paragraph (1) of this subsection to make contracts for safety, 
        procurement, management, and financial compliance reviews and 
        audits of a recipient of amounts under paragraph (1).
            ``(3) The Federal Government shall pay the entire cost of 
        carrying out a contract under this subsection.''.
    (b) Conforming Amendment.--The table of contents for chapter 55 of 
title 49, United States Code, is amended by adding at the end the 
following:

                 ``SUBCHAPTER III. FINANCIAL ASSISTANCE

``5581. National freight infrastructure investment grants''.

SEC. 202. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

    Section 50302(c)(3)(C) of title 46, United States Code, is amended 
to read as follows:
                    ``(C) Transfers.--Amounts appropriated or otherwise 
                made available for any fiscal year for a marine 
                facility or intermodal facility that includes maritime 
                transportation may be transferred, at the option of the 
                recipient of such amounts, to the Fund and administered 
                by the Administrator as a component of a project under 
                the program.''.
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