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system to move freight to implement the plan and the 
investment plan proposed under paragraph (4); and 
‘‘(7) a list of priority freight corridors and gate-
ways to be improved and developed to meet the policy, 
objectives, and goals set forth in section 312. 
‘‘(c) CONSULTATION.—In developing the plan required 
by subsection (a), the Secretary shall— 
‘‘(1) consult with appropriate Federal agencies, 
local, State, and tribal governments, public and pri-
vate transportation stakeholders, non-profit organiza-
tions representing transportation employees, appro-
priate foreign governments, and other interested par-
ties; 
‘‘(2) consider on-going Federal, State, and cor-
ridor-wide transportation plans; 
‘‘(3) provide public notice and hearings and so-
licit public comments on the plan, and 
‘‘(4) as appropriate, establish advisory commit-
tees to assist with developing the plan. 
‘‘(d) SUBMITTAL AND PUBLICATION.—The Secretary 
shall— 
‘‘(1) submit the completed plan to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives; and
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‘‘(2) post the completed plan on the Department 
of Transportation’s public web site. 
‘‘(e) PROGRESS REPORTS.—The Secretary shall sub-
mit biennial progress reports on the implementation of the 
plan beginning 2 years after the date of submittal of the 
plan under subsection (d)(1). Each progress report shall— 
‘‘(1) describe progress made toward fully imple-
menting the plan and achieving the policies, objec-
tives, and goals established under sections 303 and 
312; 
‘‘(2) describe challenges and obstacles to full im-
plementation; 
‘‘(3) describe updates to the plan necessary to re-
flect changed circumstances or new developments; and 
‘‘(4) make policy and legislative recommenda-
tions the Secretary believes are necessary and appro-
priate to fully implement the plan. 
‘‘(f) DATA.—The Secretary shall have the authority to 
conduct studies, gather information, and require the pro-
duction of data necessary to develop or update this plan, 
consistent with Federal privacy standards. 
‘‘(g) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) develop appropriate performance criteria 
and data collections systems for each Federal surface 
transportation program consistent with this chapter
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and the Secretary’s statutory authority within these 
programs to evaluate: 
‘‘(A) whether such programs are consistent 
with the policy, objectives, and goals established 
by sections 303 and 312; and 
‘‘(B) how effective such programs are in 
contributing to the achievement of the policy, ob-
jectives, and goals established by sections 303 
and 312; 
‘‘(2) using the criteria developed under para-
graph (1), periodically evaluate each such program 
and provide the results to the public; 
‘‘(3) based on the evaluation performed under 
paragraph (2), make any necessary changes or im-
provements to such programs to ensure such consist-
ency and effectiveness consistent with the Secretary’s 
statutory authority within these programs; 
‘‘(4) implement this section in a manner that is 
consistent with sections 302, 5301, 5503, 10101, and 
13101 of this title and section 101 of title 23; 
‘‘(5) review all relevant surface transportation 
planning requirements to determine whether such re-
gional, State, and local surface transportation plan-
ning efforts funded with Federal funds are consistent
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with the policy, objectives, and goals established by 
this section; and 
‘‘(6) require States and metropolitan planning 
organizations to report on the use of Federal surface 
transportation funds, consistent with ongoing report-
ing requirements, to provide the Secretary with suffi-
cient information to determine— 
‘‘(A) which projects and priorities were 
funded with such funds; 
‘‘(B) the rationale and method employed for 
apportioning such funds to the projects and pri-
orities; and 
‘‘(C) how the obligation of such funds is 
consistent with or advances the policy, objectives, 
and goals established by sections 303 and 312 
and the statutory sections referenced in para-
graph (4).’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 3 of title 49, United States Code, is amended 
by inserting after the item relating to section 303 the fol-
lowing: 
‘‘304. National surface transportation and freight strategic performance plan.’’. 
SEC. 33004. TRANSPORTATION INVESTMENT DATA AND 
PLANNING TOOLS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall—
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(1) develop new tools or improve existing tools to 
support an outcome-oriented, performance-based ap-
proach to evaluate proposed freight-related and other 
surface transportation projects. These new or im-
proved tools shall include— 
(A) a systematic cost-benefit analysis that 
supports a valuation of modal alternatives; 
(B) an evaluation of external effects on con-
gestion, pollution, the environment, and the pub-
lic health; and 
(C) other elements to assist in effective 
transportation planning; and 
(2) facilitate the collection of transportation-re-
lated 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 trans-
portation 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.
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(b) CONSULTATION.—To the extent practicable, the 
Secretary shall consult with Federal, State, and local trans-
portation planners to develop, improve, and implement the 
tools and collect the data under subsection (a). 
(c) ESTABLISHMENT OF PILOT PROGRAM.— 
(1) ESTABLISHMENT.—To assist in the develop-
ment of tools under subsection (a) and to inform the 
National Surface Transportation and Freight Per-
formance Plan required by section 304 of title 49, 
United States Code, the Secretary shall establish a 
pilot program under which the Secretary shall con-
duct case studies of States and metropolitan planning 
organizations that are designed— 
(A) to provide more detailed, in-depth anal-
ysis and data collection with respect to transpor-
tation programs; and 
(B) to apply rigorous methods of measuring 
and addressing the effectiveness of program par-
ticipants in achieving national transportation 
goals. 
(2) PRELIMINARY REQUIREMENTS.— 
(A) SOLICITATION.—The Secretary shall so-
licit applications to participate in the pilot pro-
gram from States and metropolitan planning or-
ganizations.
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(B) shall be provided electronically, includ-
ing on the official public Internet website of the 
Department. 
(3) PUBLICATION
OF
DETAILED
JUSTIFICA-
TION.—If the Secretary issues a waiver pursuant to 
the authority granted under a provision referenced in 
paragraph (1), the Secretary shall publish, in the 
Federal Register, a detailed justification for the waiv-
er that— 
(A) addresses the public comments received 
under paragraph (1); and 
(B) is published before the waiver takes ef-
fect. 
(b) CONSISTENCY
WITH
INTERNATIONAL
AGREE-
MENTS.—This section shall be applied in a manner that 
is consistent with United States obligations under relevant 
international agreements. 
(c) REVIEW
OF NATIONWIDE WAIVERS.—Not later 
than 1 year after the date of the enactment of the Moving 
Ahead for Progress in the 21st Century Act, and at least 
once every 5 years thereafter, the Secretary shall review 
each standing nationwide waiver issued pursuant to the au-
thority granted under any of the provisions referenced in 
paragraph (1) to determine whether continuing such waiver 
is necessary.
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‘‘(f) EXCLUSIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall exclude, 
in any part, from this chapter and regulations pre-
scribed under this chapter— 
‘‘(A) a public vessel (as defined in section 
2101 of title 46); 
‘‘(B) a vessel exempted under section 3702 
of title 46 or from chapter 37 of title 46; and 
‘‘(C) a vessel to the extent it is regulated 
under the Ports and Waterways Safety Act of 
1972 (33 U.S.C. 1221, et seq.). 
‘‘(2) FIREARMS.—This chapter and regulations 
prescribed under this chapter do not prohibit— 
‘‘(A) or regulate transportation of a firearm 
(as defined in section 232 of title 18), or ammu-
nition for a firearm, by an individual for per-
sonal use; or 
‘‘(B) transportation of a firearm or ammu-
nition in commerce. 
‘‘(g) LIMITATION
ON AUTHORITY.—Unless the Sec-
retary decides that an emergency exists, a person subject 
to this chapter may only be granted a variance from this 
chapter through a special permit or renewal granted under 
this section. 
‘‘(h) APPROVALS.—