,i #aacth ,,congress #ast ,session ,h4 ,r4 #igd ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjac ,mr4 ,sires 7for himself1 ,mr4 ,smith of ,washington1 ,mr4 ,blumenauer1 ,ms4 ,hahn1 ,ms4 ,brown of ,florida1 and ,mrs4 ,napolitano7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend titles #bc and #di1 ,united ,states ,code1 to establish national policies and programs to strengthen freight-related infrastructure1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,multimodal ,opportunities ,via ,enhanced ,freight ,act of #bjac or the ,,move ,freight ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,national and ,state ,freight ,policy and ,planning ,sec4 #aja4 ,national freight policy4 ,sec4 #ajb4 ,state freight plans4 ,title ,,ii--,national ,freight ,infrastructure ,investment ,sec4 #bja4 ,national freight infrastructure investment grants4 #b4 ,findings ,congress finds the following3 7#a7 ,the rapid and cost efficient movement of goods throughout the ,united ,states supply chain1 and particularly through ,united ,states trade gateways and corridors1 is vital to securing the ,nation's economic future and maintaining the ,nation's competitiveness in world markets4 7#b7 ,more than #af trillion worth of freight was moved in the ,united ,states in #bjaj1 accounting for #ac trillion in domestic shipments and #c trillion in international exports and imports4 7#c7 ,freight is forecasted to grow1 with indicators showing that ,united ,states shipments will more than double between #bjaj and #bjdj to roughly #ci4e trillion annually1 with an estimated #aj4c trillion worth of goods using multiple modes of transportation each year4 7#d7 ,by #bjbj1 the ,nation's projected surface transportation infrastructure deficiencies are expected to cost the national economy cumulatively almost #ijj billion in gross domestic product1 rising to #b4g billion through #bjdj4 7#e7 ,it is the responsibility of the ,federal ,government to support business by helping to ensure multimodal freight networks that will provide reliable1 efficient1 and safe transportation1 allowing cost-effective transport of goods to markets near and far4 7#f7 ,a national campaign of strategic investment to expand capacity and increase efficiency can circumvent the projected loss in ,united ,states productivity and decline in global competitiveness4 7#g7 ,in establishing national policies and programs to strengthen freight-related infrastructure1 the ,president1 ,federal officials1 and other relevant stakeholders should consider the critical importance of freight to ,united ,states businesses and global economic competitiveness4 7#h7 ,under the ,constitution1 it is the role of the ,federal ,government to protect and promote commerce with foreign nations and among the ,states through all reasonable means1 including through investment in goods movement infrastructure4 ,i ,national and ,state ,freight ,policy and ,planning #aja4 ,national freight policy 7a7 ,national freight network defined ,section #aja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#ae7 through 7#cd7 as paragraphs 7#af7 through 7#ce71 respectively2 and 7#b7 by inserting after paragraph 7#ad7 the following3 7#ae7 ,national freight network ,the term national freight network means a network composed of highways1 railways1 navigable waterways1 seaports1 airports1 freight intermodal connectors1 and aerotropolis transportation systems most critical to the multimodal movement of freight4 4 7b7 ,establishment and designation of national freight network ,subsections 7c7 and 7d7 of section #afg of title #bc1 ,united ,states ,code1 are amended to read as follows3 7c7 ,establishment of national freight network 7#a7 ,in general ,the ,secretary shall establish a national freight network in accordance with this section to assist ,states in strategically directing resources toward improved system performance for efficient movement of freight-- 7,a7 on highways 7including highways on the national highway system71 railways1 navigable waterways1 freight intermodal connectors1 and aerotropolis transportation systems2 and 7,b7 into and out of inland ports1 seaports1 and airports4 7#b7 ,network components ,the national freight network shall consist of multimodal transportation infrastructure1 including-- 7,a7 the primary freight network1 as designated by the ,secretary under subsection 7d7 7referred to in this section as the primary freight network7 as the network composed of highways1 railways1 navigable waterways1 seaports1 airports1 freight intermodal connectors1 and aerotropolis transportation systems most critical to the multimodal movement of freight2 7,b7 the portions of the ,interstate ,system not designated as part of the primary freight network2 and 7,c7 critical rural freight corridors established under subsection 7e74 7d7 ,designation of primary freight network 7#a7 ,initial designation of primary freight network 7,a7 ,designation ,not later than #a year after the date of enactment of this section1 the ,secretary shall designate a multimodal primary freight network-- 7i7 based on an inventory of national freight volume conducted by the ,secretary1 in consultation with stakeholders1 including system users1 transport providers1 and ,states2 7ii7 that shall be comprised of-- 7,i7 not more than #bg1jjj miles of existing major freight corridors that are most critical2 7,,ii7 critical rail corridors2 7,,iii7 critical intermodal connections2 and 7,,iv7 critical inland port1 seaport1 and airport infrastructure1 at the discretion of the ,secretary4 7,b7 ,factors for designation ,in designating the primary freight network1 the ,secretary shall consider-- 7i7 the generation of national economic benefits1 including job creation1 expanded business opportunities1 and benefits to the gross domestic product2 7ii7 the origins and destinations of freight movement in the ,united ,states2 7iii7 the total freight tonnage and value of freight moved2 7iv7 the percentage of annual average daily traffic2 7v7 land and maritime ports of entry2 7vi7 access to energy exploration1 development1 installation1 or production areas2 7vii7 population centers2 and 7viii7 network connectivity4 7#b7 ,additional miles on multimodal primary freight network ,in addition to the miles of existing major freight corridors initially designated under paragraph 7#a71 the ,secretary may increase the number of miles designated as part of the primary freight network by not more than #c1jjj additional miles of freight corridors 7which may include existing or planned corridors7 critical to future efficient movement of goods on the primary freight network4 7#c7 ,redesignation of primary freight network ,effective beginning #aj years after the designation of the primary freight network and every #aj years thereafter1 using the designation factors described in paragraph 7#a71 the ,secretary shall redesignate the primary freight network 7including additional mileage described in paragraph 7#b774 4 #ajb4 ,state freight plans ,section #aaah7;a7 of ,,map-#ba 7#bc ,u4,s4,c4 #afg note2 #abf ,stat4 #dgc7 is amended-- 7#a7 by striking encourage and inserting require2 and 7#b7 by adding at the end the following3 ,each ,state shall coordinate with neighboring states to ensure multistate network continuity and connectivity44 ,,ii ,national ,freight ,infrastructure ,investment #bja4 ,national freight infrastructure investment grants 7a7 ,establishment of ,program ,chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iii ,financial ,assistance #eeha4 ,national freight infrastructure investment grants 7a7 ,establishment of ,program ,the ,secretary of ,transportation shall establish a competitive grant program to provide financial assistance for capital investments that improve the efficiency of the national transportation system to move freight4 7b7 ,eligible ,projects ,an applicant is eligible for a grant under this section for-- 7#a7 a port development or improvement project2 7#b7 a multimodal terminal facility project2 7#c7 a land port of entry project2 7#d7 a freight rail improvement or capacity expansion project2 7#e7 an intelligent transportation system project primarily for freight benefit that reduces congestion or improves safety2 7#f7 a project that improves access to a port or terminal facility2 7#g7 an aerotropolis system1 which for purposes of this section is a planned and coordinated multimodal freight and passenger transportation network that1 as determined by the ,secretary1 provides efficient1 cost-effective1 sustainable1 and intermodal connectivity to a defined region of economic significance centered around a major airport2 or 7#h7 planning1 preparation1 or design of any project described in this subsection4 7c7 ,project ,selection ,criteria ,in determining whether to award a grant to an eligible applicant under this section1 the ,secretary shall consider the extent to which the project-- 7#a7 supports the objectives of the national freight strategic plan developed under section #afg7;f7 of title #bc2 7#b7 leverages ,federal investment by encouraging non-,federal contributions to the project1 including contributions from public-private partnerships2 7#c7 improves the mobility of goods and commodities2 7#d7 incorporates new and innovative technologies1 including freight-related intelligent transportation systems2 7#e7 improves energy efficiency or reduces greenhouse gas emissions2 7#f7 helps maintain or protect the environment1 including reducing air and water pollution2 7#g7 reduces congestion2 7#h7 improves the condition of the freight infrastructure1 including bringing it into a state of good repair2 7#i7 improves safety1 including reducing transportation accidents1 injuries1 and fatalities2 7#aj7 demonstrates that the proposed project cannot be readily and efficiently realized without ,federal support and participation2 and 7#aa7 enhances national or regional economic development1 growth1 and competitiveness4 7d7 ,letters of ,intent 7#a7 ,issuance ,the ,secretary may issue a letter of intent to an applicant announcing an intention to obligate1 for a major capital project under this subsection1 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the project4 7#b7 ,notice to ,congress ,at least #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall notify in writing the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of the proposed letter or agreement4 ,the ,secretary shall include with the notification a copy of the proposed letter or agreement1 the criteria used under subsection 7c7 for selecting the project for a grant award1 and a description of how the project meets such criteria4 7#c7 ,limitation ,an obligation or administrative commitment may be made only when amounts are made available4 ,the letter of intent shall state that the contingent commitment is not an obligation of the ,federal ,government1 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 commitment4 7e7 ,federal ,share of ,net ,project ,cost 7#a7 ,estimate of net project cost ,based on engineering studies1 studies of economic feasibility1 and information on the expected use of equipment or facilities1 the ,secretary shall estimate the net project cost4 7#b7 ,federal share ,the ,federal share of a grant for the project shall not exceed #hj percent of the project net capital cost4 7#c7 ,priority ,the ,secretary shall give priority in allocating future obligations and contingent commitments to incur obligations to grant requests seeking a lower ,federal share of the project net capital cost4 7f7 ,cooperative agreements 7#a7 ,in general ,an applicant may enter into an agreement with any public1 private1 or nonprofit entity to cooperatively implement any project funded with a grant under this subchapter4 7#b7 ,forms of participation ,participation by an entity under paragraph 7#a7 may consist of-- 7,a7 ownership or operation of any land1 facility1 vehicle1 or other physical asset associated with the project2 7,b7 cost sharing of any project expense or non-,federal share of the project cost1 including in-kind contributions2 7,c7 carrying out administration1 construction management1 project management1 project operation1 or any other management or operational duty associated with the project2 and 7,d7 any other form of participation approved by the ,secretary4 7g7 ,oversight ,program 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this section4 7,b7 ,minimum requirement ,at a minimum1 the program shall be responsive to all areas relating to financial integrity and project delivery4 7#b7 ,financial integrity 7,a7 ,financial management systems ,the ,secretary shall perform annual reviews that address elements of the applicant's financial management systems that affect projects approved under subsection 7a74 7,b7 ,project costs ,the ,secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of applicants for estimating project costs1 awarding contracts1 and reducing project costs4 7#c7 ,project delivery ,the ,secretary shall perform annual reviews that address elements of the project delivery system of an applicant1 which elements include one or more activities that are involved in the life cycle of a project from conception to completion of the project4 7#d7 ,responsibility of the applicants 7,a7 ,in general ,each applicant shall submit to the ,secretary for approval such plans1 specifications1 and estimates for each proposed project as the ,secretary may require4 7,b7 ,applicant subrecipients ,the applicant shall be responsible for determining that a subrecipient of ,federal funds under this section has-- 7i7 adequate project delivery systems for projects approved under this section2 and 7ii7 sufficient accounting controls to properly manage such ,federal funds4 7,c7 ,periodic review ,the ,secretary shall periodically review the monitoring of subrecipients by the applicant4 7#e7 ,specific oversight responsibilities ,nothing in this section shall affect or discharge any oversight responsibility of the ,secretary specifically provided for under this title or other ,federal law4 7h7 ,major ,projects 7#a7 ,in general ,a recipient of a grant for a project under this section with an estimated total cost of #ejj1jjj1jjj or more1 and a recipient for such other projects as may be identified by the ,secretary1 shall submit to the ,secretary for each project-- 7,a7 a project management plan2 and 7,b7 an annual financial plan4 7#b7 ,project management plan ,a project management plan shall document-- 7,a7 the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope1 costs1 schedules1 quality of1 and the ,federal requirements applicable to1 the project2 and 7,b7 the role of the agency leadership and management team in the delivery of the project4 7#c7 ,financial plan ,a financial plan shall-- 7,a7 be based on detailed estimates of the cost to complete the project2 and 7,b7 provide for the annual submission of updates to the ,secretary that are based on reasonable assumptions1 as determined by the ,secretary1 of future increases in the cost to complete the project4 7i7 ,other projects ,a recipient of ,federal financial assistance for a project under this section with an estimated total cost of #ajj1jjj1jjj or more that is not covered by subsection 7h7 shall prepare an annual financial plan4 ,annual financial plans prepared under this subsection shall be made available to the ,secretary for review upon the request of the ,secretary4 7j7 ,other terms and conditions ,the ,secretary shall determine what additional grant terms and conditions are necessary and appropriate to meet the requirements of this section4 7k7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall prescribe regulations to implement this section4 7l7 ,applicant defined ,in this section1 the term applicant includes a ,state1 a political subdivision of a ,state1 government-sponsored authorities and corporations1 and the ,district of ,columbia4 7m7 ,secretarial oversight 7#a7 ,construction oversight ,the ,secretary may use no more than #a percent of amounts made available in a fiscal year for capital projects under this section to enter into contracts to oversee the construction of such projects4 7#b7 ,compliance reviews and audits ,the ,secretary may use amounts available under paragraph 7#a7 to make contracts for safety1 procurement1 management1 and financial compliance reviews and audits of a recipient of amounts under paragraph 7#a74 7#c7 ,federal costs ,the ,federal ,government shall pay the entire cost of carrying out a contract under this subsection4 4 7b7 ,conforming ,amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,subchapter ,,iii--,financial ,assistance #eeha4 ,national freight infrastructure investment grants4 4