[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 974 Introduced in House (IH)]

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-related infrastructure, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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:

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 gateways and corridors, is vital to 
        securing the Nation's economic future and maintaining the 
        Nation's competitiveness 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 indicators showing 
        that United States shipments will more than double between 2010 
        and 2040 to roughly $39.5 trillion annually, with an estimated 
        $10.3 trillion worth of goods using multiple modes of 
        transportation each year.
            (4) By 2020, the Nation's projected surface transportation 
        infrastructure deficiencies are expected to cost the national 
        economy cumulatively almost $900 billion in gross domestic 
        product, rising to $2.7 billion through 2040.
            (5) It is the responsibility of the Federal Government to 
        support business by helping to ensure multimodal freight 
        networks that will provide reliable, 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 circumvent the projected 
        loss in United States productivity and decline in global 
        competitiveness.
            (7) In establishing national policies and programs 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 commerce with foreign nations 
        and among the States through all reasonable means, including 
        through investment in goods movement infrastructure.

        TITLE I--NATIONAL AND STATE FREIGHT POLICY AND PLANNING

SEC. 101. NATIONAL FREIGHT POLICY.

    (a) National Freight Network Defined.--Section 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 following:
            ``(15) National freight network.--The term `national 
        freight network' means a network composed of highways, 
        railways, navigable waterways, seaports, airports, freight 
        intermodal connectors, and aerotropolis transportation systems 
        most critical to the multimodal movement of freight.''.
    (b) Establishment and Designation of National 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 Network.--
            ``(1) 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--
                    ``(A) on highways (including highways on the 
                national highway system), railways, navigable 
                waterways, freight intermodal connectors, and 
                aerotropolis transportation systems; and
                    ``(B) into and out of inland ports, seaports, and 
                airports.
            ``(2) Network components.--The national freight network 
        shall consist of multimodal transportation infrastructure, 
        including--
                    ``(A) the primary freight network, as designated 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, seaports, 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 established 
                under subsection (e).
    ``(d) Designation of Primary Freight Network.--
            ``(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 primary 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 
                                connections; and
                                    ``(IV) critical inland port, 
                                seaport, and airport infrastructure, at 
                                the discretion of the Secretary.
                    ``(B) Factors for designation.--In designating the 
                primary freight network, the Secretary shall consider--
                            ``(i) the generation of national economic 
                        benefits, including job creation, expanded 
                        business opportunities, and benefits 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, 
                        development, installation, or production areas;
                            ``(vii) population centers; and
                            ``(viii) network connectivity.
            ``(2) Additional miles on multimodal primary freight 
        network.--In addition to the miles of existing major freight 
        corridors initially designated under paragraph (1), the 
        Secretary may increase the number of miles designated as part 
        of the primary freight network by not more than 3,000 
        additional miles of freight corridors (which may include 
        existing or planned corridors) critical to future efficient 
        movement of goods on the primary freight network.
            ``(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 described in paragraph (1), the Secretary shall 
        redesignate the primary freight network (including additional 
        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 ``require''; 
        and
            (2) by adding at the end the following: ``Each State shall 
        coordinate with neighboring states to ensure multistate network 
        continuity and connectivity.''.

          TITLE II--NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT

SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT 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

``Sec. 5581. National freight infrastructure investment grants
    ``(a) 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 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 expansion 
        project;
            ``(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, provides efficient, cost-effective, sustainable, and 
        intermodal 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 determining 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 encouraging non-
        Federal contributions to the project, including contributions 
        from public-private partnerships;
            ``(3) improves the mobility of goods and commodities;
            ``(4) incorporates new and innovative technologies, 
        including freight-related intelligent transportation 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 infrastructure, 
        including bringing it into a state of good repair;
            ``(9) improves safety, including reducing transportation 
        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 intention to obligate, for a 
        major capital project under this subsection, 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 project.
            ``(2) Notice to congress.--At least 30 days before issuing 
        a letter under paragraph (1), the Secretary shall notify in 
        writing the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives of the proposed 
        letter or agreement. The Secretary shall include with the 
        notification a copy of the proposed letter or agreement, the 
        criteria used under subsection (c) for selecting the project 
        for a grant award, and a description of how the project meets 
        such criteria.
            ``(3) Limitation.--An obligation or administrative 
        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.--
            ``(1) Estimate of net project cost.--Based on engineering 
        studies, studies of economic feasibility, and information on 
        the expected use of equipment 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 priority in 
        allocating future obligations and contingent commitments to 
        incur obligations to grant requests seeking a lower Federal 
        share of the project net capital cost.
    ``(f) Cooperative Agreements.--
            ``(1) In general.--An applicant may enter into an agreement 
        with any public, private, or nonprofit 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 associated with the 
                project;
                    ``(B) cost sharing of any project expense or non-
                Federal share of the project cost, including in-kind 
                contributions;
                    ``(C) carrying out administration, construction 
                management, project management, project operation, or 
                any other management or operational duty associated 
                with the project; and
                    ``(D) any other form of participation approved 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 minimum, the 
                program shall be responsive to all areas relating to 
                financial integrity and project delivery.
            ``(2) Financial integrity.--
                    ``(A) 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 (a).
                    ``(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 elements include one or more activities 
        that are involved 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
                            ``(ii) sufficient accounting controls to 
                        properly manage such Federal funds.
                    ``(C) Periodic review.--The Secretary shall 
                periodically review the monitoring of subrecipients by 
                the applicant.
            ``(5) 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 law.
    ``(h) Major Projects.--
            ``(1) In general.--A recipient of a grant for a project 
        under this section with an estimated total cost of $500,000,000 
        or more, and a recipient for such other projects as may be 
        identified by the Secretary, shall submit to the Secretary for 
        each project--
                    ``(A) a project management plan; and
                    ``(B) an annual financial plan.
            ``(2) Project management plan.--A project management plan 
        shall document--
                    ``(A) the procedures and processes that are in 
                effect to provide timely information to the project 
                decisionmakers to effectively manage the scope, costs, 
                schedules, quality of, and the Federal requirements 
                applicable to, the project; and
                    ``(B) the role of the agency leadership and 
                management team in the delivery of the project.
            ``(3) Financial plan.--A financial plan shall--
                    ``(A) be based on detailed estimates of the cost to 
                complete the project; and
                    ``(B) provide for the annual submission of updates 
                to the Secretary that are based on reasonable 
                assumptions, as determined by the Secretary, of future 
                increases in the cost to complete the project.
    ``(i) Other Projects.--A recipient of Federal financial assistance 
for a project under this section with an estimated total cost of 
$100,000,000 or more that is not covered by subsection (h) shall 
prepare an annual financial plan. Annual financial plans prepared under 
this subsection shall be made available to the Secretary for review 
upon the request of the Secretary.
    ``(j) Other Terms and Conditions.--The Secretary shall determine 
what additional grant terms and conditions are necessary and 
appropriate to meet the requirements of this section.
    ``(k) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall prescribe regulations to 
implement this section.
    ``(l) Applicant Defined.--In this section, the term `applicant' 
includes a State, a political subdivision of a State, government-
sponsored authorities and corporations, and the District of Columbia.
    ``(m) Secretarial Oversight.--
            ``(1) Construction oversight.--The Secretary may use no 
        more than 1 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 projects.
            ``(2) Compliance reviews and audits.--The Secretary may use 
        amounts available under paragraph (1) to make contracts for 
        safety, procurement, management, and financial compliance 
        reviews and audits of a recipient of amounts under paragraph 
        (1).
            ``(3) Federal costs.--The Federal Government shall pay the 
        entire cost of carrying out a contract under this 
        subsection.''.
    (b) Conforming Amendment.--The analysis for 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.''.
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