II 113th CONGRESS 2d Session S. 2380 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.

1. Short title This Act may be cited as the Freight Priorities Act . 2. National freight policy (a) In general Subtitle III of title 49, United States Code, is amended by adding at the end the following: 64 National freight policy 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. . 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, . 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: 65 Multimodal freight network 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. 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 . 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: 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. .