II

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.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3

SECTION 1. SHORT TITLE.

This Act may be cited as the Freight Priorities

5 Act.
6

SEC. 2. NATIONAL FREIGHT POLICY.

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(a) IN GENERAL.Subtitle III of title 49, United

8 States Code, is amended by adding at the end the fol9 lowing:

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CHAPTER 64NATIONAL FREIGHT

POLICY

SEC. 6401. NATIONAL FREIGHT POLICY; MEASURING THE

PERFORMANCE OF MULTIMODAL FREIGHT

INFRASTRUCTURE.

(a) IN GENERAL.It is the policy of the United

7 States to improve the efficiency, operation, and security

8 of the national freight network by leveraging investments
9 and promoting partnerships that
10

(1) advance interstate and foreign commerce;

11

(2) promote economic competitiveness and job

12

creation;

13
14

(3) improve the safe and efficient mobility of

goods; and

15

(4) protect the public health and the environ-

16

ment.

17

(b) OBJECTIVES; GOALS.

18

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19

(1) OBJECTIVES.The objectives of the national freight policy are

20

(A) to target investment in freight trans-

21

portation projects that strengthen the economic

22

competitiveness of the United States with a

23

focus on domestic industries and businesses and

24

the creation of high-value jobs;

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(B) to promote and advance energy con-

servation 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 bal-

anced investment to improve the overall per-

formance and reliability of the national freight

10

network system to move freight, including en-

11

suring trade facilitation and transportation sys-

12

tem improvements are mutually supportive;

13

(E) to promote partnerships between

14

Federal, State, and local governments, the pri-

15

vate sector, and other transportation stake-

16

holders to leverage investments in freight trans-

17

portation projects; and

18

(F) to encourage adoption of operational

19

policies, such as intelligent transportation sys-

20

tems, to improve the efficiency of freight-related

21

transportation movements and infrastructure.

22

(2) GOALS.The goals of the national freight

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23

policy are

24

(A) to reduce transportation infrastruc-

25

ture-related delays of goods and commodities

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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 pop-

ulation centers to freight generators and inter-

national gateways on an annual basis;

(C) to reduce by 10 percent the number

of freight transportation-related fatalities by

2018;

10

(D) to reduce national freight transpor-

11

tation-related carbon dioxide levels by 40 per-

12

cent by 2030;

13

(E) to reduce freight transportation-re-

14

lated air, water, and noise pollution and im-

15

pacts on ecosystems and communities on an an-

16

nual basis; and

17

(F) to promote the inclusion of ports in

18

freight network planning and project selec-

19

tion..

20

(b) CONFORMING AMENDMENT.The analysis for

21 subtitle III of title 49, United States Code, is amended

22 by adding at the end the following:

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CHAPTER 64NATIONAL FREIGHT POLICY

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

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SEC. 3. PARTICIPATION OF PUBLIC PORT AUTHORITIES.

(a) POLICIES

AND

PURPOSES.Section 5301(b) of

3 title 49, United States Code, is amended

4

(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 in-

10

cluded in metropolitan freight transportation plan-

11

ning..

12

(b) METROPOLITAN TRANSPORTATION PLANNING.

13 Section 5303(i)(6)(A) of title 49, United States Code, is

14 amended by inserting public ports, before freight ship15 pers,.
16
17

(c) NONMETROPOLITAN TRANSPORTATION PLANNING.Section

5304(g)(3) of title 49, United States

18 Code, is amended by inserting public ports, before

19 freight shippers,.
20

SEC. 4. MULTIMODAL FREIGHT NETWORK.

21

(a) IN GENERAL.Subtitle III of title 49, United

22 States Code (as amended by section 2), is amended by

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23 adding at the following:

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CHAPTER 65MULTIMODAL FREIGHT

NETWORK

3 6501. Definitions
4

In this chapter:

(1)

METROPOLITAN

PLANNING

ORGANIZA-

TION.The

tion has the meaning given the term in section

134(b) of title 23.

term metropolitan planning organiza-

(2) SECRETARY.The term Secretary means

10

the Secretary of Transportation.

11

(3) SELECTED

ENTITY.The

term selected

12

entity means an entity selected to participate in the

13

multimodal freight performance pilot program estab-

14

lished under section 6502(b).

15

(4) URBANIZED

AREA.The

term urbanized

16

area has the meaning given the term in section

17

134(b) of title 23.

18 6502. Multimodal freight network

19
20

(a) ESTABLISHMENT
URES.The

OF

PERFORMANCE MEAS-

Secretary may, in accordance with the na-

21 tional freight strategic plan developed under section 167(f)

22 of title 23, establish measures to assess the performance

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23 of a multimodal freight network.

24

(b) MULTIMODAL FREIGHT PERFORMANCE PILOT

25 PROGRAM.
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(1) ESTABLISHMENT.The Secretary shall es-

tablish 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 individ-

10

uals for the pilot program.

11

(3) SELECTION.The Secretary shall select

12

entities or a combination of entities to carry out this

13

subsection, which may include

14

(A) metropolitan planning organizations;

15

(B) State departments of transportation;

16

(C) multistate planning commissions;

17

(D) freight advisory committees; and

18

(E) other appropriate entities.

19

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20

(4) ENTITY

DESIGNATIONS.Of

the selected

entities, the Secretary shall designate

21

(A) an entity that has previous successful

22

use of freight performance measures and per-

23

formance-based planning efforts as a mentor

24

grantee; and

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(B) an entity that has limited or no suc-

cessful previous experience in freight perform-

ance measures and performance-based planning

efforts as a novice grantee.

(5) PILOT

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PROGRAM ACTIVITIES.

(A) MULTIMODAL

FREIGHT INFRASTRUC-

TURE

than 180 days after the date on which the Sec-

retary selects a pilot program location, the ap-

10

plicable selected entity shall develop a baseline

11

of freight transportation assets within the ur-

12

banized area that describes

PERFORMANCE

BASELINE.Not

13

(i) the condition of key highway, rail,

14

seaport, airport, barge, and intermodal fa-

15

cilities that handle freight;

16

(ii) bottlenecks in the freight system

17

that cause delays and unreliability in

18

freight movements;

19

(iii) the speed, reliability, and costs

20

of moving goods through the metropolitan

21

area;

22

(iv) the degree to which transport of

23

freight affects surrounding communities,

24

including public health and air quality; and

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(v) the degree to which the inter-

modal freight network provides economic

opportunities to local communities, includ-

ing jobs at ports and other intermodal

freight facilities.

(B)

INDICATORS.The

Secretary shall work with selected entities at

pilot locations to implement 1 or more provi-

sional indicators to measure improvements

10

against the freight infrastructure performance

11

baseline developed under subparagraph (A).

12

(C) DATA

COLLECTION

AND

ING.The

14

port baseline and annual performance data.

selected entities shall collect and re-

15

(D) KNOWLEDGE-SHARING.A selected

16

entity designated as a mentor grantee shall en-

17

gage in knowledge-sharing activities with novice

18

grantees to the maximum extent practicable,

19

which may include peer exchanges and technical

20

assistance, as appropriate to the level of per-

21

formance measurement capacity.

23

(c) NATIONAL PERFORMANCE MEASURE DEVELOPMENT

ACTIVITIES.

24

(1) IN

GENERAL.The

Secretary

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REPORT-

13

22

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PERFORMANCE

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(A) shall evaluate the multimodal freight

performance measures developed by selected en-

tities 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

10

REPORT.

11

(A) IN

GENERAL.At

the end of the pilot

12

program under this section, the Secretary shall

13

prepare (including seeking public comment on)

14

a final report describing the results of the pilot

15

program that includes

16

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FREIGHT MOVEMENT FINAL

(i) recommendations on

17

(I) the establishment of 1 or

18

more national multimodal freight in-

19

frastructure performance measures;

20

and

21

(II) the integration of the meas-

22

ures into the Federal transportation

23

performance management framework;

24

(ii) a description of actions taken

25

under the pilot program to measure and

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improve multimodal freight infrastructure

performance; and

(iii) an assessment of

(I) outcomes and impacts that

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may result from the pilot measures;

(II) estimated savings and new

tax revenues to Federal, State and

local

freight system performance.

governments

from

10

(B) PUBLICATION.The Secretary shall

11

publish in the Federal Register the report re-

12

quired under subparagraph (A).

13

(3) PERFORMANCE

MEASURES AND STAND-

14

ARDS.Not

15

publication of the final report required under para-

16

graph (2), the Secretary (in consultation with State

17

Departments of Transportation, metropolitan plan-

18

ning organizations, and other stakeholders) may pro-

19

mulgate a rule that establishes performance meas-

20

ures and standards for multimodal freight..

21

(b) CONFORMING AMENDMENTS.

later than 2 years after the date of the

22

(1) The analysis for subtitle III of title 49,

23

United States Code (as amended by section 2), is

24

amended by adding at the end the following:

CHAPTER 65MULTIMODAL FREIGHT NETWORK

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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 TRANSPOR-

7
8

TATION RESEARCH PROGRAM.

(a) IN GENERAL.Chapter 5 of title 23, United

9 States Code, is amended by adding at the end the fol10 lowing:

11 519. National cooperative freight transportation
12
13

research program

(a) IN GENERAL.The Secretary shall establish

14 and support a national cooperative freight transportation

15 research program.
16

(b) AGREEMENT.The Secretary shall offer to

17 enter into an agreement with the Transportation Research

18 Board of the National Research Council of the National
19 Academies (referred to in this section as the National
20 Academies) to support and carry out administrative and
21 management activities relating to the governance of the
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22 national cooperative freight transportation research pro23 gram.

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(c) ADVISORY COMMITTEE.The National Acad-

2 emies shall select an advisory committee consisting of a

3 representative cross-section of freight stakeholders, includ4 ing representatives of
5

(1) the Department of Transportation;

(2) other Federal agencies;

(3) State transportation departments;

(4) local governments;

(5) nonprofit entities;

10

(6) academic institutions;

11

(7) private sector carriers and shippers;

12

(8) port authorities;

13

(9) air quality organizations; and

14

(10) other interested parties.

15

(d) GOVERNANCE.

16

(1) IN

national cooperative

17

freight transportation research program established

18

under this section shall include the administrative

19

and management elements described in this sub-

20

section.

21

(2) NATIONAL

22

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GENERAL.The

(A) IN

RESEARCH AGENDA.
GENERAL.The

advisory com-

23

mittee, in consultation with interested parties,

24

shall recommend a national research agenda for

25

the program.

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(B) COMPONENT.The agenda shall

(i)

multimodal

(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 advi-

10

sory committee;

11

(B) participate in merit reviews of re-

12

search proposals and peer reviews of research

13

products; and

14

(C) receive research results.

15

(4) OPEN

COMPETITION AND PEER REVIEW OF

16

RESEARCH PROPOSALS.The

17

may award research contracts and grants under the

18

program established under this section through open

19

competition and merit review conducted on a regular

20

basis.

21

(5) RESEARCH

National Academies

COORDINATION.The

National

22

Academies shall ensure that research contracts and

23

grants awarded under this section are not duplica-

24

tive of

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movement;

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(A) research conducted under other coop-

erative transportation research programs gov-

erned by the National Academies; or

(B) research conducted by the Depart-

ment of Transportation or any other Federal,

State, or local agency.

(6) EVALUATION

(A) PEER

REVIEW.Research

review of the research results.

11

(B) PROGRAMMATIC

EVALUATIONS.The

12

National Academies may conduct periodic pro-

13

grammatic evaluations on a regular basis of re-

14

search contracts and grants.

15

(7) DISSEMINATION

OF

RESEARCH

FIND-

16

INGS.The

17

research findings to researchers, practitioners, and

18

decisionmakers through

National Academies shall disseminate

19

(A) conferences and seminars;

20

(B) field demonstrations;

21

(C) workshops;

22

(D) training programs;

23

(E) presentations;

24

(F) testimony to government officials;

25

(G) the Internet;

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contracts

and grants under the program may allow peer

10

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OF RESEARCH.

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(H) publications for the general public;

(I) collaboration with the National Trans-

portation Library; and

4
5

(J) other appropriate means.

(e) CONTENTS.The national research agenda re-

6 quired under subsection (d)(2) shall, at a minimum, in7 clude research on

8

(1) techniques for estimating and quantifying

public benefits derived from freight transportation

10

projects;

11
12

(2) the feasibility of consolidating origins and

destinations for freight movement;

13

(3) methods for incorporating estimates of do-

14

mestic and international trade into landside trans-

15

portation planning;

16
17

(4) means of synchronizing infrastructure improvements with freight transportation demand;

18
19

(5) the effect of changing patterns of freight

movement on transportation planning decisions;

20

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21

(6) the reduction of impacts on urban communities; and

22

(7) other research areas to identify and ad-

23

dress emerging and future research needs relating to

24

freight transportation by all modes.

25

(f) FUNDING.

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(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 sec-

10

tion, the National Academies may seek and accept

11

additional funding sources from

12

(A) public and private entities capable of

13

accepting funding from the Department of

14

Transportation;

15

(B) States and local governments;

16

(C) nonprofit foundations; and

17

(D) the private sector..

18

(b) CONFORMING AMENDMENT.The analysis for

19 chapter 5 of title 23, United States Code, is amended by

20 adding at the end the following:
Sec.
519. National cooperative freight transportation research program..

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