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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2380 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2380

To amend title 49, United States Code, to improve the national freight 
          policy of the United States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2014

  Mr. Booker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To amend title 49, United States Code, to improve the national freight 
          policy of 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 ``Freight Priorities Act''.

SEC. 2. NATIONAL FREIGHT POLICY.

    (a) In General.--Subtitle III of title 49, United States Code, is 
amended by adding at the end the following:

                 ``CHAPTER 64--NATIONAL FREIGHT POLICY

``SEC. 6401. NATIONAL FREIGHT POLICY; MEASURING THE PERFORMANCE OF 
              MULTIMODAL FREIGHT INFRASTRUCTURE.

    ``(a) In General.--It is the policy of the United States to improve 
the efficiency, operation, and security of the national freight network 
by leveraging investments and promoting partnerships that--
            ``(1) advance interstate and foreign commerce;
            ``(2) promote economic competitiveness and job creation;
            ``(3) improve the safe and efficient mobility of goods; and
            ``(4) protect the public health and the environment.
    ``(b) Objectives; Goals.--
            ``(1) Objectives.--The objectives of the national freight 
        policy are--
                    ``(A) 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;
                    ``(B) to promote and advance energy conservation 
                and the environmental sustainability of freight 
                movements;
                    ``(C) to facilitate and advance the safety and 
                health of the public, including communities adjacent to 
                freight movements;
                    ``(D) to provide for systematic and balanced 
                investment to improve the overall performance and 
                reliability of the national freight network system to 
                move freight, including ensuring trade facilitation and 
                transportation system improvements are mutually 
                supportive;
                    ``(E) to promote partnerships between Federal, 
                State, and local governments, the private sector, and 
                other transportation stakeholders to leverage 
                investments in freight transportation projects; and
                    ``(F) to encourage adoption of operational 
                policies, such as intelligent transportation systems, 
                to improve the efficiency of freight-related 
                transportation movements and infrastructure.
            ``(2) Goals.--The goals of the national freight 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 2018;
                    ``(D) to reduce national freight transportation-
                related carbon dioxide levels by 40 percent by 2030;
                    ``(E) to reduce freight transportation-related air, 
                water, and noise pollution and impacts on ecosystems 
                and communities on an annual basis; and
                    ``(F) to promote the inclusion of ports in freight 
                network planning and project selection.''.
    (b) Conforming Amendment.--The analysis for subtitle III of title 
49, United States Code, is amended by adding at the end the following:

                 ``Chapter 64--National Freight Policy

``Sec.
``6401. National freight policy; measuring the performance of 
                            multimodal freight infrastructure.''.

SEC. 3. PARTICIPATION OF PUBLIC PORT AUTHORITIES.

    (a) Policies and Purposes.--Section 5301(b) of title 49, United 
States Code, is amended--
            (1) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) ensure that public port authorities are included in 
        metropolitan freight transportation planning.''.
    (b) Metropolitan Transportation Planning.--Section 5303(i)(6)(A) of 
title 49, United States Code, is amended by inserting ``public ports,'' 
before ``freight shippers,''.
    (c) Nonmetropolitan Transportation Planning.--Section 5304(g)(3) of 
title 49, United States Code, is amended by inserting ``public ports,'' 
before ``freight shippers,''.

SEC. 4. MULTIMODAL FREIGHT NETWORK.

    (a) In General.--Subtitle III of title 49, United States Code (as 
amended by section 2), is amended by adding at the following:

                ``CHAPTER 65--MULTIMODAL FREIGHT NETWORK

``Sec. 6501. Definitions
    ``In this chapter:
            ``(1) Metropolitan planning organization.--The term 
        `metropolitan planning organization' has the meaning given the 
        term in section 134(b) of title 23.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(3) Selected entity.--The term `selected entity' means an 
        entity selected to participate in the multimodal freight 
        performance pilot program established under section 6502(b).
            ``(4) Urbanized area.--The term `urbanized area' has the 
        meaning given the term in section 134(b) of title 23.
``Sec. 6502. Multimodal freight network
    ``(a) Establishment of Performance Measures.--The Secretary may, in 
accordance with the national freight strategic plan developed under 
section 167(f) of title 23, establish measures to assess the 
performance of a multimodal freight network.
    ``(b) Multimodal Freight Performance Pilot Program.--
            ``(1) Establishment.--The Secretary shall establish a pilot 
        program under which not more than 5 urbanized areas shall 
        develop and deploy 1 or more pilot measures and targets to 
        improve multimodal freight movement in densely populated and 
        congested urban areas.
            ``(2) Locations.--The Secretary shall select not more than 
        5 locations, each of which represents an urbanized area of more 
        than 1,000,000 individuals for the pilot program.
            ``(3) Selection.--The Secretary shall select entities or a 
        combination of entities to carry out this subsection, which may 
        include--
                    ``(A) metropolitan planning organizations;
                    ``(B) State departments of transportation;
                    ``(C) multistate planning commissions;
                    ``(D) freight advisory committees; and
                    ``(E) other appropriate entities.
            ``(4) Entity designations.--Of the selected entities, the 
        Secretary shall designate--
                    ``(A) an entity that has previous successful use of 
                freight performance measures and performance-based 
                planning efforts as a mentor grantee; and
                    ``(B) an entity that has limited or no successful 
                previous experience in freight performance measures and 
                performance-based planning efforts as a novice grantee.
            ``(5) Pilot program activities.--
                    ``(A) Multimodal freight infrastructure performance 
                baseline.--Not later than 180 days after the date on 
                which the Secretary selects a pilot program location, 
                the applicable selected entity shall develop a baseline 
                of freight transportation assets within the urbanized 
                area that describes--
                            ``(i) the condition of key highway, rail, 
                        seaport, airport, barge, and intermodal 
                        facilities that handle freight;
                            ``(ii) bottlenecks in the freight system 
                        that cause delays and unreliability in freight 
                        movements;
                            ``(iii) the speed, reliability, and costs 
                        of moving goods through the metropolitan area;
                            ``(iv) the degree to which transport of 
                        freight affects surrounding communities, 
                        including public health and air quality; and
                            ``(v) the degree to which the intermodal 
                        freight network provides economic opportunities 
                        to local communities, including jobs at ports 
                        and other intermodal freight facilities.
                    ``(B) Performance indicators.--The Secretary shall 
                work with selected entities at pilot locations to 
                implement 1 or more provisional indicators to measure 
                improvements against the freight infrastructure 
                performance baseline developed under subparagraph (A).
                    ``(C) Data collection and reporting.--The selected 
                entities shall collect and report baseline and annual 
                performance data.
                    ``(D) Knowledge-sharing.--A selected entity 
                designated as a mentor grantee shall engage in 
                knowledge-sharing activities with novice grantees to 
                the maximum extent practicable, which may include peer 
                exchanges and technical assistance, as appropriate to 
                the level of performance measurement capacity.
    ``(c) National Performance Measure Development Activities.--
            ``(1) In general.--The Secretary--
                    ``(A) shall evaluate the multimodal freight 
                performance measures developed by selected entities in 
                pilot locations; and
                    ``(B) in accordance with the national freight 
                strategic plan developed under section 167(f) of title 
                23, may establish performance measures to assess the 
                efficiency of the multimodal freight network.
            ``(2) Multimodal freight movement final report.--
                    ``(A) In general.--At the end of the pilot program 
                under this section, the Secretary shall prepare 
                (including seeking public comment on) a final report 
                describing the results of the pilot program that 
                includes--
                            ``(i) recommendations on--
                                    ``(I) the establishment of 1 or 
                                more national multimodal freight 
                                infrastructure performance measures; 
                                and
                                    ``(II) the integration of the 
                                measures into the Federal 
                                transportation performance management 
                                framework;
                            ``(ii) a description of actions taken under 
                        the pilot program to measure and improve 
                        multimodal freight infrastructure performance; 
                        and
                            ``(iii) an assessment of--
                                    ``(I) outcomes and impacts that may 
                                result from the pilot measures;
                                    ``(II) estimated savings and new 
                                tax revenues to Federal, State and 
                                local governments from improved freight 
                                system performance.
                    ``(B) Publication.--The Secretary shall publish in 
                the Federal Register the report required under 
                subparagraph (A).
            ``(3) Performance measures and standards.--Not later than 2 
        years after the date of the publication of the final report 
        required under paragraph (2), the Secretary (in consultation 
        with State Departments of Transportation, metropolitan planning 
        organizations, and other stakeholders) may promulgate a rule 
        that establishes performance measures and standards for 
        multimodal freight.''.
    (b) Conforming Amendments.--
            (1) The analysis for subtitle III of title 49, United 
        States Code (as amended by section 2), is amended by adding at 
        the end the following:

                ``Chapter 65--Multimodal Freight Network

``6501. Definitions.
``6502. Multimodal freight network.''.
            (2) Section 167 of title 23, United States Code, is 
        repealed.
            (3) Section 505(a)(3) of title 23, United States Code, is 
        amended by striking ``149, and 167'' and inserting ``and 149, 
        and section 6502 of title 49''.

SEC. 5. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 519. National cooperative freight transportation research 
              program
    ``(a) In General.--The Secretary shall establish and support a 
national cooperative freight transportation research program.
    ``(b) Agreement.--The Secretary shall offer to enter into an 
agreement with the Transportation Research Board of the National 
Research Council of the National Academies (referred to in this section 
as the `National Academies') to support and carry out administrative 
and management activities relating to the governance of the national 
cooperative freight transportation research program.
    ``(c) Advisory Committee.--The National Academies shall select an 
advisory committee consisting of a representative cross-section of 
freight stakeholders, including representatives of--
            ``(1) the Department of Transportation;
            ``(2) other Federal agencies;
            ``(3) State transportation departments;
            ``(4) local governments;
            ``(5) nonprofit entities;
            ``(6) academic institutions;
            ``(7) private sector carriers and shippers;
            ``(8) port authorities;
            ``(9) air quality organizations; and
            ``(10) other interested parties.
    ``(d) Governance.--
            ``(1) In general.--The national cooperative freight 
        transportation research program established under this section 
        shall include the administrative and management elements 
        described in this subsection.
            ``(2) National research agenda.--
                    ``(A) In general.--The advisory committee, in 
                consultation with interested parties, shall recommend a 
                national research agenda for the program.
                    ``(B) Component.--The agenda shall--
                            ``(i) emphasize multimodal goods movement;
                            ``(ii) address major freight challenges in 
                        urban and rural areas; and
                            ``(iii) include a multiyear strategic plan.
            ``(3) Involvement.--Interested parties may--
                    ``(A) submit research proposals to the advisory 
                committee;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(4) Open competition and peer review of research 
        proposals.--The National Academies may award research contracts 
        and grants under the program established under this section 
        through open competition and merit review conducted on a 
        regular basis.
            ``(5) Research coordination.--The National Academies shall 
        ensure that research contracts and grants awarded under this 
        section are not duplicative of--
                    ``(A) research conducted under other cooperative 
                transportation research programs governed by the 
                National Academies; or
                    ``(B) research conducted by the Department of 
                Transportation or any other Federal, State, or local 
                agency.
            ``(6) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                    ``(B) Programmatic evaluations.--The National 
                Academies may conduct periodic programmatic evaluations 
                on a regular basis of research contracts and grants.
            ``(7) Dissemination of research findings.--The National 
        Academies shall disseminate research findings to researchers, 
        practitioners, and decisionmakers through--
                    ``(A) conferences and seminars;
                    ``(B) field demonstrations;
                    ``(C) workshops;
                    ``(D) training programs;
                    ``(E) presentations;
                    ``(F) testimony to government officials;
                    ``(G) the Internet;
                    ``(H) publications for the general public;
                    ``(I) collaboration with the National 
                Transportation Library; and
                    ``(J) other appropriate means.
    ``(e) Contents.--The national research agenda required under 
subsection (d)(2) shall, at a minimum, include research on--
            ``(1) techniques for estimating and quantifying public 
        benefits derived from freight transportation projects;
            ``(2) the feasibility of consolidating origins and 
        destinations for freight movement;
            ``(3) methods for incorporating estimates of domestic and 
        international trade into landside transportation planning;
            ``(4) means of synchronizing infrastructure improvements 
        with freight transportation demand;
            ``(5) the effect of changing patterns of freight movement 
        on transportation planning decisions;
            ``(6) the reduction of impacts on urban communities; and
            ``(7) other research areas to identify and address emerging 
        and future research needs relating to freight transportation by 
        all modes.
    ``(f) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section such 
        sums as are necessary.
            ``(2) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent, as determined by the Secretary.
            ``(3) Acceptance of non-federal funds.--In addition to 
        using funds authorized for this section, the National Academies 
        may seek and accept additional funding sources from--
                    ``(A) public and private entities capable of 
                accepting funding from the Department of 
                Transportation;
                    ``(B) States and local governments;
                    ``(C) nonprofit foundations; and
                    ``(D) the private sector.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following:

``Sec.
``519. National cooperative freight transportation research program.''.
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