Sec. 2. National multimodal freight policy
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Subtitle III of title 49, United States Code, is amended by inserting after chapter 53 the following: In this chapter: The term freight transportation modes means any mode of transportation that moves freight, including airports, highways, ports and waterways, rail, and pipeline. The term national multimodal freight network means the network established under section 5403. The term national multimodal freight strategic plan means the strategic plan developed under section 5404.
The term Secretary means the Secretary of Transportation. The term State means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. It is the policy of the United States to support investment in the condition and performance of the national multimodal freight network to ensure the United States maximizes its competitiveness in the global economy and achieves each goal described in subsection (b).
The goals of the national multimodal freight policy are to enhance the economic competitiveness of the United States and improve quality of life— by increasing the overall productivity and connectivity of the national freight system; by improving the safety, security, and resiliency of freight transportation; by reducing the congestion of freight transportation; by improving the reliability of freight transportation; and by reducing, eliminating, or reversing adverse environmental and local community impacts of freight projects and freight movement in the United States.
The strategies that the United States may use to achieve the goals set forth in subsection
(b)include— dedicated funding to maintain and improve freight infrastructure facilities and operations; appropriate safety, environmental, energy and other transportation policies; advanced technology and innovation; workforce development; and use of performance management. In this section, the term economic competitiveness means the ability of the economy to more efficiently move freight and people, produce goods, and deliver services, including— reductions in the travel time of freight and people; reductions in the congestion caused by the movement of freight and people; improvements to travel time reliability; and reductions in freight transportation costs due to congestion and insufficient infrastructure. The Secretary shall establish a national multimodal freight network in accordance with this section— to inform public and private planning; to assist in the prioritization of Federal investment; to direct the use of Federal resources under section 5404; to assess and support Federal investments to achieve the national multimodal freight policy goals described in section 5402(b); and to help States define and prioritize local community impacts of freight movement. The national multimodal freight network shall consist of all connectors, corridors, and facilities in all freight transportation modes that are the most critical to the current and future movement of freight to achieve the national multimodal freight policy goals described in section 5402(b). Not later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act , the Secretary shall designate a national multimodal freight network— using measurable data, including measurable data provided by States, to assess the significance of freight movement, including consideration of points of origin, destination, and linking components of domestic and international supply chains; improving network and intermodal connectivity; and reflecting input from stakeholders, including multimodal freight system users, transport providers, metropolitan planning organizations, local governments, seaports, airports, railroads, and States, through a public process to identify critical freight facilities and corridors that are vital to achieve the national multimodal freight policy goals described in section 5402(b). Beginning 5 years after the date of the initial designation of the national multimodal freight network under paragraph (1), and every 5 years thereafter, using the designation factors described in paragraph (3), the Secretary shall redesignate the national multimodal freight network. In designating or redesignating the national multimodal freight network, the Secretary shall consider— origins and destinations of freight movement within, to, and from the United States; volume of freight, including value and tonnage; population centers; border crossings, airports, and seaports; economic factors; freight chokepoints and other impediments contributing to significant measurable congestion, delay in freight movement, or inefficient modal connections; facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the national freight system; impacts on all freight transportation modes and modes that share significant freight infrastructure; elements and transportation corridors identified by a multi-State coalition, State, State advisory committee, or metropolitan planning organization using national or local data as having critical freight importance to the region; and intermodal connectors, major distribution centers, inland intermodal facilities, and first- and last-mile facilities. Not later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act , the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, local governments, and other appropriate public and private freight transportation stakeholders, shall develop, maintain, and post on the Department of Transportation public website a national multimodal freight strategic plan. The initial and each revised national multimodal freight strategic plan shall include— an assessment of the current condition and performance of the national multimodal freight network, and the ability of the network to meet the policy and goals described in section 5402; an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance, including opportunities for overcoming the barriers; an analysis of emerging and long-term projected trends in economic and national trade policies, public health, workforce availability, and environmental conditions that will impact the performance, needs, safety, and uses of the national transportation system to move freight; an identification of freight chokepoints on the national multimodal freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary and using the analysis under paragraph (3); an identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry; a projection of current and forecasted traffic and freight volumes on the gateways and corridors identified under paragraph (5); an identification of major agricultural and energy rural production areas and other major inland freight generators; an identification of the gateways and corridors that connect the major inland freight generators identified in paragraph
(7)to ports of entry; the best practices for improving the operational and safety performance of the national multimodal freight network; the best practices to reduce, minimize, and mitigate the environmental and other impacts of freight movement on communities; a process for addressing multistate projects and encouraging jurisdictions to collaborate; strategies to improve freight intermodal connectivity, including bulk transloading facilities; the development of more consistent and accurate data to measure freight movement domestically and internationally; and the identification of federally designated strategic defense ports and nearby freight chokepoints that create significant congestion which could hamper the flow of military equipment and personnel to those ports. Not later than 5 years after the date the initial national multimodal freight strategic plan under subsection
(a)is complete, and every 10 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national multimodal freight strategic plan. The identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry under subsection (b)(5) shall be updated, as appropriate, in each revised national multimodal freight strategic plan. The Secretary shall establish a national multimodal freight advisory committee in the Department of Transportation consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes, including— airports, highways, ports and waterways, rail, and pipeline; shippers; carriers; freight-related associations; the freight industry workforce; State departments of transportation; local governments; metropolitan planning organizations; regional or local transportation authorities, such as port authorities; freight safety organizations; and university research centers. The purpose of the committee is to help promote a safe, economically efficient, and environmentally sustainable national freight system. The committee, in consultation with State departments of transportation and metropolitan planning organizations, shall provide advice and recommendations to the Secretary on matters related to freight transportation in the United States, including— the implementation of freight transportation requirements; the establishment of a national multimodal freight network under section 5403; the development of the national multimodal freight strategic plan under section 5404; the development of measures of conditions and performance in freight transportation; the development of freight transportation investment, data, and planning tools; and recommendations for Federal legislation. Each member of the committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group, such as— general business and financial experience; experience or qualifications in the areas of freight transportation and logistics; experience in transportation planning, safety, technology, or workforce issues; experience representing employees of the freight industry; experience representing State or local governments or metropolitan planning organizations in transportation-related issues; or experience in trade economics relating to freight flows. The Secretary shall provide support staff for the committee. On request of the committee, the Secretary shall provide information, administrative services, and supplies that the Secretary considers necessary for the committee to carry out its duties. Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the committee. Each State that receives a grant under this chapter shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. Each State freight plan shall include— an identification of significant freight system trends, needs, and issues with respect to the State and each neighboring State with which high levels of trade occurs or logistical dependence exists; a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State to achieve a reasonable balance in freight transportation modes; a description of how the plan will improve the ability of the State to meet the goals of the national multimodal freight policy described in section 5402(b) and any relevant State multimodal freight policy; evidence that the State will consider innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement and provide multimodal transportation systems integration for information sharing; in the case of routes on public infrastructure on which heavy vehicles travel (including mining, agricultural, energy cargo or equipment, and timber vehicles) or other conditions exist that are projected to substantially deteriorate the condition of those routes, a description of improvements that may be required to reduce or impede the deterioration, including the use of alternate freight transportation modes; an inventory of facilities and corridors with freight mobility or accessibility issues, such freight chokepoints, within the State, and a description of the strategies the State will employ to address those freight mobility or accessibility issues; consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay; and a priority freight investment plan that includes a list of priority projects, a methodology to prioritize future projects, and an explanation of how those investments achieve the goals of the national multimodal freight policy described in section 5402(b) and any relevant State multimodal freight policy. A State may develop its State freight plan with, and incorporate the plan into, its statewide strategic long-range transportation plan. The State freight plan may be separate from the long-range transportation plan, but shall be consistent with the long-range transportation plan. The State freight plan shall be consistent with the State rail plan under section 22702 for that State. The priority freight investment plan of a State freight plan under subsection (b)(8) shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the priority freight investment plan. Each State freight plan shall address a 10-year forecast period. A State shall update its State freight plan as frequently as the State determines necessary, but not less frequently than once every 10 years. A State shall update its priority freight investment plan as frequently as the State determines necessary, but at least once every 5 years. Each State shall consult with applicable Federal, State, and local agencies relevant to land use and programming processes when developing a State freight plan under this section, including the State's freight advisory committee under section 5407. As a condition of, and prior to, receiving a grant under this chapter, a State shall establish and maintain a freight advisory committee consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes, including— as applicable, airports, highways, ports and waterways, rail, and pipeline; shippers; carriers; freight-related associations; the freight industry workforce; the State department of transportation; local governments; metropolitan planning organizations; local transportation authorities, such as port authorities; freight safety organizations; and university research centers. Each member of the advisory committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group, such as— general business and financial experience; experience or qualifications in the areas of freight transportation and logistics; experience in transportation planning, safety, or workforce issues; experience representing employees of the freight industry; experience representing State or local governments, or metropolitan planning organizations in transportation-related issues; or experience in trade economics relating to freight flows. A freight advisory committee of a State described in subsection
(a)shall— advise the State on freight-related priorities, issues, projects, and funding needs; serve as a forum for discussion for State transportation decisions affecting freight movement; communicate and coordinate regional priorities with other freight-related organizations; promote the sharing of information between the private and public sectors on freight issues; and participate in the development of the State freight plan under section 5406, including advising on the development of a priority freight investment plan under subsection (b)(8) of that section. Not later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act , and biennially thereafter, the Secretary shall prepare and submit to Congress a report that describes the conditions and performance of the national multimodal freight network. The report shall contain, at a minimum, the following— an assessment of the ability, including the current performance, of the national multimodal freight network to make significant progress toward and achieve the policy and goals described in section 5402; and a description of impediments to improving the conditions and performance of the national multimodal freight network. Not later than 1 year after the date of enactment of National Multimodal Freight Policy and Investment Act , the Secretary shall begin to develop new tools, and improve existing tools, to support an outcome-oriented, performance-based approach by Federal, State, local, and private decisionmakers when evaluating proposed freight-related and other transportation projects, including— methodologies for systematic analysis of benefits and costs on a national, regional, and local basis; tools for ensuring that the evaluation of freight-related and other transportation projects would consider safety, economic competitiveness, environmental sustainability, innovation, and system condition in the project selection process; improved methods for data collection and trend analysis; freight forecasting models; and other tools to assist in effective freight transportation planning. In support of the tools described in subsection (a), and to support a broad range of evaluation methods to assist Federal, State, local, and private decisionmakers in making transportation investment decisions, the Secretary shall— direct the collection of appropriate freight data and supply chain data, including more consistent and accurate data to measure the condition and performance of the national multimodal freight network; and consider any improvements to existing freight data collection, including the Commodity Flow Survey and Freight Analysis Framework, that could reduce identified freight data deficiencies and improve forecasts of freight transportation demand, both domestic and international. The Secretary shall consult with Federal, State, and other public and private freight transportation stakeholders to develop, improve, and implement the tools described in subsection
(a)and collect the freight data and supply chain data described in subsection (b). The Secretary shall establish freight performance measures to develop a framework for assessing the demand, efficiency, condition, safety, and investment in the national multimodal freight network. In this section: The term eligible applicant means— a State; a political subdivision of a State; a metropolitan planning organization; a regional or local transportation authority, including a port authority; a tribal government or a consortium of tribal governments; or 2 or more of the entities described in subparagraphs
(A)through (E). The term eligible project means a capital investment in a project, or a project phase with independent utility, for— a transportation infrastructure facility; or an intelligent transportation system project primarily for freight benefit that reduces congestion or improves safety. The term facility includes— a road facility; a rail facility; a marine highway facility; a maritime, land border, or inland port facility; a freight intermodal facility, including an intermodal facility serving a seaport, an intermodal or cargo access facility serving an airport, an intermodal facility serving a port on the inland waterways, a bulk intermodal/transload facility, or a road/rail intermodal facility; or a facility related to an international border crossing. The term marine highway means all of the marine transportation routes designated by the Secretary that— serve as extensions of the surface transportation system; and promote short sea transportation. The term transportation infrastructure facility means a facility that is significantly used for the movement of freight. The Secretary shall establish and implement a freight investment grant program in accordance with the policy, goals, and strategies described in section 5402. An eligible applicant shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. A group described in subsection (a)(1)(F) shall submit an application through a lead applicant that qualifies under subparagraph (A), (B), (C),
(D)or
(E)of subsection (a)(1). Public-private partnerships are eligible if the lead applicant qualifies under subparagraph (A), (B), (C), (D), or
(E)of subsection (a)(1). The Secretary shall select eligible projects for funding based on the following criteria: The eligible project will help achieve the goals and strategies described in section 5402. Funding committed by State and local governments and other public and private partners, along with the Federal funding requested, will be sufficient to complete the capital investment. The extent to which the eligible project leverages Federal funds by securing commitments of State, local, tribal, or private funds in addition to the Federal funding requested under this section. The likely benefits of the eligible project relative to its costs. The extent to which the eligible project demonstrates the use of innovative technology, strategies, and practices or involves collaboration among States or political subdivisions. The likely effect of the eligible project to support the movement of freight internationally or to efficiently move freight and people interstate or intrastate. The eligible project's support of freight operations in a nationally significant place, as determined by the Secretary. The consistency of the eligible project with the national multimodal freight strategic plan developed under section 5404. Inclusion of the eligible project in a State freight plan under section 5406 or, if the State freight plan is not complete, a regional transportation plan. The extent to which the eligible project will reduce the adverse impacts of freight transportation on a local community. The ability of the eligible project to increase throughput and reduce congestion at freight chokepoints. The Federal share for a project funded under this section shall not exceed— 80 percent of the total capital cost of the eligible project; or $50,000,000. A grant agreement under this section between the Federal Government and a grantee shall specify that the grantee will collect data and report to the Secretary, at such times as the Secretary specifies, on— the actual cost of constructing the eligible project; the time required to complete and implement the eligible project; the level of usage of the transportation infrastructure facility built or improved by the eligible project; the benefits of the eligible project, measured in a way that is consistent with the benefits that were estimated in the application under subsection (c); and any costs resulting from the eligible project in addition to the projected costs estimated in the application under subsection (c). The Secretary may require such additional terms and conditions of a grant under this section as the Secretary considers necessary. For the purpose of administering a grant under this section, funds authorized for this section may be transferred within the Department of Transportation and administered in accordance with this title or title 23, as applicable, and any other laws applicable to the eligible project. The Secretary may retain up to one-half of 1 percent of the amounts authorized for each fiscal year under this section for— administration of the freight investment grant program; and oversight of eligible projects funded under this section. In order to carry out the administration and oversight of grants under this section, the Secretary may transfer portions of the funds retained under this subsection to— the Administrator of the Federal Highway Administration; the Administrator of the Federal Railroad Administration; the Administrator of the Federal Aviation Administration; the Administrator of the Federal Maritime Administration; the Assistant Secretary for Research and Technology; and the Assistant Secretary of Freight Planning, Permitting, and Development. There are authorized to be appropriated to carry out this section— $2,000,000,000 for fiscal year 2016; $2,000,000,000 for fiscal year 2017; $2,000,000,000 for fiscal year 2018; $2,000,000,000 for fiscal year 2019; $2,000,000,000 for fiscal year 2020; and $2,000,000,000 for fiscal year 2021. The funds appropriated for this program shall be available for obligation until expended. . The table of contents for subtitle III of title 49, United States Code, is amended by adding after the item relating to section 5340 the following: Chapter 54. Freight. 5401. Definitions. 5402. National multimodal freight policy. 5403. National multimodal freight network. 5404. National multimodal freight strategic plan. 5405. National multimodal freight advisory committee. 5406. State freight plans. 5407. State freight advisory committees. 5408. Conditions and performance reports. 5409. Transportation investment date and planning tools. 5410. Freight investment grant program. .