I 
113TH CONGRESS 
1ST SESSION 
H. R. 974 
To amend titles 23 and 49, United States Code, to establish national policies 
and programs to strengthen freight-related infrastructure, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2013 
Mr. SIRES (for himself, Mr. SMITH of Washington, Mr. BLUMENAUER, Ms. 
HAHN, Ms. BROWN of Florida, and Mrs. NAPOLITANO) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend titles 23 and 49, United States Code, to establish 
national policies and programs to strengthen freight-re-
lated infrastructure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Multimodal Opportunities Via Enhanced Freight Act of 
2013’’ or the ‘‘MOVE Freight Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—NATIONAL AND STATE FREIGHT POLICY AND 
PLANNING 
Sec. 101. National freight policy. 
Sec. 102. State freight plans. 
TITLE II—NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT 
Sec. 201. National freight infrastructure investment grants. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The rapid and cost efficient movement of 
goods throughout the United States supply chain, 
and particularly through United States trade gate-
ways and corridors, is vital to securing the Nation’s 
economic future and maintaining the Nation’s com-
petitiveness in world markets. 
(2) More than $16 trillion worth of freight was 
moved in the United States in 2010, accounting for 
$13 trillion in domestic shipments and $3 trillion in 
international exports and imports. 
(3) Freight is forecasted to grow, with indica-
tors showing that United States shipments will more 
than double between 2010 and 2040 to roughly 
$39.5 trillion annually, with an estimated $10.3 tril-
lion worth of goods using multiple modes of trans-
portation each year. 
(4) By 2020, the Nation’s projected surface 
transportation infrastructure deficiencies are ex-
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
pected to cost the national economy cumulatively al-
most $900 billion in gross domestic product, rising 
to $2.7 billion through 2040. 
(5) It is the responsibility of the Federal Gov-
ernment to support business by helping to ensure 
multimodal freight networks that will provide reli-
able, efficient, and safe transportation, allowing 
cost-effective transport of goods to markets near and 
far. 
(6) A national campaign of strategic investment 
to expand capacity and increase efficiency can cir-
cumvent the projected loss in United States produc-
tivity and decline in global competitiveness. 
(7) In establishing national policies and pro-
grams to strengthen freight-related infrastructure, 
the President, Federal officials, and other relevant 
stakeholders should consider the critical importance 
of freight to United States businesses and global 
economic competitiveness. 
(8) Under the Constitution, it is the role of the 
Federal Government to protect and promote com-
merce with foreign nations and among the States 
through all reasonable means, including through in-
vestment in goods movement infrastructure. 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
TITLE I—NATIONAL AND STATE 
FREIGHT POLICY AND PLAN-
NING 
SEC. 101. NATIONAL FREIGHT POLICY. 
(a) NATIONAL FREIGHT NETWORK DEFINED.—Sec-
tion 101(a) of title 23, United States Code, is amended— 
(1) by redesignating paragraphs (15) through 
(34) as paragraphs (16) through (35), respectively; 
and 
(2) by inserting after paragraph (14) the fol-
lowing: 
‘‘(15) NATIONAL
FREIGHT
NETWORK.—The 
term ‘national freight network’ means a network 
composed of highways, railways, navigable water-
ways, seaports, airports, freight intermodal connec-
tors, and aerotropolis transportation systems most 
critical to the multimodal movement of freight.’’. 
(b) ESTABLISHMENT
AND DESIGNATION
OF NA-
TIONAL FREIGHT NETWORK.—Subsections (c) and (d) of 
section 167 of title 23, United States Code, are amended 
to read as follows: 
‘‘(c) ESTABLISHMENT OF NATIONAL FREIGHT NET-
WORK.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a national freight network in accordance with 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
this section to assist States in strategically directing 
resources toward improved system performance for 
efficient movement of freight— 
‘‘(A) on highways (including highways on 
the national highway system), railways, navi-
gable waterways, freight intermodal connectors, 
and aerotropolis transportation systems; and 
‘‘(B) into and out of inland ports, sea-
ports, and airports. 
‘‘(2) NETWORK
COMPONENTS.—The national 
freight network shall consist of multimodal transpor-
tation infrastructure, including— 
‘‘(A) the primary freight network, as des-
ignated by the Secretary under subsection (d) 
(referred to in this section as the ‘primary 
freight network’) as the network composed of 
highways, railways, navigable waterways, sea-
ports, airports, freight intermodal connectors, 
and aerotropolis transportation systems most 
critical to the multimodal movement of freight; 
‘‘(B) the portions of the Interstate System 
not designated as part of the primary freight 
network; and 
‘‘(C) critical rural freight corridors estab-
lished under subsection (e). 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(d) DESIGNATION
OF PRIMARY FREIGHT NET-
WORK.— 
‘‘(1) 
INITIAL
DESIGNATION
OF
PRIMARY 
FREIGHT NETWORK.— 
‘‘(A) DESIGNATION.—Not later than 1 
year after the date of enactment of this section, 
the Secretary shall designate a multimodal pri-
mary freight network— 
‘‘(i) based on an inventory of national 
freight volume conducted by the Secretary, 
in consultation with stakeholders, including 
system users, transport providers, and 
States; 
‘‘(ii) that shall be comprised of— 
‘‘(I) not more than 27,000 miles 
of existing major freight corridors 
that are most critical; 
‘‘(II) critical rail corridors; 
‘‘(III) critical intermodal connec-
tions; and 
‘‘(IV) critical inland port, sea-
port, and airport infrastructure, at 
the discretion of the Secretary. 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(B) FACTORS
FOR
DESIGNATION.—In 
designating the primary freight network, the 
Secretary shall consider— 
‘‘(i) the generation of national eco-
nomic benefits, including job creation, ex-
panded business opportunities, and bene-
fits to the gross domestic product; 
‘‘(ii) the origins and destinations of 
freight movement in the United States; 
‘‘(iii) the total freight tonnage and 
value of freight moved; 
‘‘(iv) the percentage of annual average 
daily traffic; 
‘‘(v) land and maritime ports of entry; 
‘‘(vi) access to energy exploration, de-
velopment, 
installation, 
or 
production 
areas; 
‘‘(vii) population centers; and 
‘‘(viii) network connectivity. 
‘‘(2) ADDITIONAL MILES ON MULTIMODAL PRI-
MARY FREIGHT NETWORK.—In addition to the miles 
of existing major freight corridors initially des-
ignated under paragraph (1), the Secretary may in-
crease the number of miles designated as part of the 
primary freight network by not more than 3,000 ad-
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
ditional miles of freight corridors (which may include 
existing or planned corridors) critical to future effi-
cient movement of goods on the primary freight net-
work. 
‘‘(3) REDESIGNATION
OF
PRIMARY
FREIGHT 
NETWORK.—Effective beginning 10 years after the 
designation of the primary freight network and every 
10 years thereafter, using the designation factors de-
scribed in paragraph (1), the Secretary shall redesig-
nate the primary freight network (including addi-
tional mileage described in paragraph (2)).’’. 
SEC. 102. STATE FREIGHT PLANS. 
Section 1118(a) of MAP–21 (23 U.S.C. 167 note; 
126 Stat. 473) is amended— 
(1) by striking ‘‘encourage’’ and inserting ‘‘re-
quire’’; and 
(2) by adding at the end the following: ‘‘Each 
State shall coordinate with neighboring states to en-
sure multistate network continuity and connectivi-
ty.’’. 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
TITLE II—NATIONAL FREIGHT 
INFRASTRUCTURE INVESTMENT 
SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVEST-
MENT 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 pro-
gram to provide financial assistance for capital invest-
ments that improve the efficiency of the national transpor-
tation 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 ex-
pansion project; 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(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; 
‘‘(7) an aerotropolis system, which for purposes 
of this section is a planned and coordinated 
multimodal freight and passenger transportation 
network that, as determined by the Secretary, pro-
vides efficient, cost-effective, sustainable, and inter-
modal connectivity to a defined region of economic 
significance centered around a major airport; or 
‘‘(8) planning, preparation, or design of any 
project described in this subsection. 
‘‘(c) PROJECT
SELECTION
CRITERIA.—In deter-
mining 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 strategic plan developed under section 167(f) 
of title 23; 
‘‘(2) leverages Federal investment by encour-
aging non-Federal contributions to the project, in-
cluding contributions from public-private partner-
ships; 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(3) improves the mobility of goods and com-
modities; 
‘‘(4) incorporates new and innovative tech-
nologies, including freight-related intelligent trans-
portation 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 infra-
structure, including bringing it into a state of good 
repair; 
‘‘(9) improves safety, including reducing trans-
portation 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) LETTERS OF INTENT.— 
‘‘(1) ISSUANCE.—The Secretary may issue a 
letter of intent to an applicant announcing an inten-
tion to obligate, for a major capital project under 
this subsection, an amount from future available 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
budget authority specified in law that is not more 
than the amount stipulated as the financial partici-
pation of the Secretary in the project. 
‘‘(2) NOTICE TO CONGRESS.—At least 30 days 
before issuing a letter under paragraph (1), the Sec-
retary shall notify in writing the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives of the 
proposed letter or agreement. The Secretary shall in-
clude with the notification a copy of the proposed 
letter or agreement, the criteria used under sub-
section (c) for selecting the project for a grant 
award, and a description of how the project meets 
such criteria. 
‘‘(3) LIMITATION.—An obligation or adminis-
trative 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. 
‘‘(e) FEDERAL SHARE OF NET PROJECT COST.— 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(1) ESTIMATE OF NET PROJECT COST.—Based 
on engineering studies, studies of economic feasi-
bility, and information on the expected use of equip-
ment or facilities, the Secretary shall estimate the 
net project cost. 
‘‘(2) FEDERAL SHARE.—The Federal share of a 
grant for the project shall not exceed 80 percent of 
the project net capital cost. 
‘‘(3) PRIORITY.—The Secretary shall give pri-
ority in allocating future obligations and contingent 
commitments to incur obligations to grant requests 
seeking a lower Federal share of the project net cap-
ital cost. 
‘‘(f) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN
GENERAL.—An applicant may enter 
into an agreement with any public, private, or non-
profit 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 associ-
ated with the project; 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(B) cost sharing of any project expense or 
non-Federal share of the project cost, including 
in-kind contributions; 
‘‘(C) carrying out administration, construc-
tion management, project management, project 
operation, or any other management or oper-
ational duty associated with the project; and 
‘‘(D) any other form of participation ap-
proved by the Secretary. 
‘‘(g) 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 min-
imum, the program shall be responsive to all 
areas relating to financial integrity and project 
delivery. 
‘‘(2) FINANCIAL INTEGRITY.— 
‘‘(A) 
FINANCIAL
MANAGEMENT
SYS-
TEMS.—The Secretary shall perform annual re-
views that address elements of the applicant’s 
financial management systems that affect 
projects approved under subsection (a). 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(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 ele-
ments include one or more activities that are in-
volved 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 
VerDate Mar 15 2010 
05:56 Mar 07, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H974.IH
H974
pwalker on DSK7TPTVN1PROD with BILLS