[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1680

  To improve the condition and performance of the national multimodal 
                freight network, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2015

  Ms. Cantwell (for herself, Mr. Booker, Mrs. Murray, and Mr. Markey) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To improve the condition and performance of the national multimodal 
                freight network, 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.

    This Act may be cited as the ``National Multimodal Freight Policy 
and Investment Act''.

SEC. 2. NATIONAL MULTIMODAL FREIGHT POLICY.

    (a) Establishment.--Subtitle III of title 49, United States Code, 
is amended by inserting after chapter 53 the following:

                         ``CHAPTER 54--FREIGHT

``Sec. 5401. Definitions
    ``In this chapter:
            ``(1) Freight transportation modes.--The term `freight 
        transportation modes' means any mode of transportation that 
        moves freight, including airports, highways, ports and 
        waterways, rail, and pipeline.
            ``(2) National multimodal freight network.--The term 
        `national multimodal freight network' means the network 
        established under section 5403.
            ``(3) National multimodal freight strategic plan.--The term 
        `national multimodal freight strategic plan' means the 
        strategic plan developed under section 5404.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(5) State.--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.
``Sec. 5402. National multimodal freight policy
    ``(a) Policy.--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).
    ``(b) Goals.--The goals of the national multimodal freight policy 
are to enhance the economic competitiveness of the United States and 
improve quality of life--
            ``(1) by increasing the overall productivity and 
        connectivity of the national freight system;
            ``(2) by improving the safety, security, and resiliency of 
        freight transportation;
            ``(3) by reducing the congestion of freight transportation;
            ``(4) by improving the reliability of freight 
        transportation; and
            ``(5) by reducing, eliminating, or reversing adverse 
        environmental and local community impacts of freight projects 
        and freight movement in the United States.
    ``(c) Strategy.--The strategies that the United States may use to 
achieve the goals set forth in subsection (b) include--
            ``(1) dedicated funding to maintain and improve freight 
        infrastructure facilities and operations;
            ``(2) appropriate safety, environmental, energy and other 
        transportation policies;
            ``(3) advanced technology and innovation;
            ``(4) workforce development; and
            ``(5) use of performance management.
    ``(d) Definition of Economic Competitiveness.--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--
            ``(1) reductions in the travel time of freight and people;
            ``(2) reductions in the congestion caused by the movement 
        of freight and people;
            ``(3) improvements to travel time reliability; and
            ``(4) reductions in freight transportation costs due to 
        congestion and insufficient infrastructure.
``Sec. 5403. National multimodal freight network
    ``(a) Establishment.--The Secretary shall establish a national 
multimodal freight network in accordance with this section--
            ``(1) to inform public and private planning;
            ``(2) to assist in the prioritization of Federal 
        investment;
            ``(3) to direct the use of Federal resources under section 
        5404;
            ``(4) to assess and support Federal investments to achieve 
        the national multimodal freight policy goals described in 
        section 5402(b); and
            ``(5) to help States define and prioritize local community 
        impacts of freight movement.
    ``(b) Network Components.--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).
    ``(c) Designation of the National Multimodal Freight Network.--
            ``(1) Initial designation.--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--
                    ``(A) 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;
                    ``(B) improving network and intermodal 
                connectivity; and
                    ``(C) 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).
            ``(2) Redesignation.--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.
            ``(3) Factors.--In designating or redesignating the 
        national multimodal freight network, the Secretary shall 
        consider--
                    ``(A) origins and destinations of freight movement 
                within, to, and from the United States;
                    ``(B) volume of freight, including value and 
                tonnage;
                    ``(C) population centers;
                    ``(D) border crossings, airports, and seaports;
                    ``(E) economic factors;
                    ``(F) freight chokepoints and other impediments 
                contributing to significant measurable congestion, 
                delay in freight movement, or inefficient modal 
                connections;
                    ``(G) facilities of future freight importance based 
                on input from stakeholders and analysis of projections 
                for future growth and changes to the national freight 
                system;
                    ``(H) impacts on all freight transportation modes 
                and modes that share significant freight 
                infrastructure;
                    ``(I) 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
                    ``(J) intermodal connectors, major distribution 
                centers, inland intermodal facilities, and first- and 
                last-mile facilities.
``Sec. 5404. National multimodal freight strategic plan
    ``(a) Initial Development.--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.
    ``(b) Requirements.--The initial and each revised national 
multimodal freight strategic plan shall include--
            ``(1) 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;
            ``(2) an assessment of statutory, regulatory, 
        technological, institutional, financial, and other barriers to 
        improved freight transportation performance, including 
        opportunities for overcoming the barriers;
            ``(3) 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;
            ``(4) 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);
            ``(5) an identification of major international and domestic 
        trade gateways and corridors that connect major population 
        centers and ports of entry;
            ``(6) a projection of current and forecasted traffic and 
        freight volumes on the gateways and corridors identified under 
        paragraph (5);
            ``(7) an identification of major agricultural and energy 
        rural production areas and other major inland freight 
        generators;
            ``(8) an identification of the gateways and corridors that 
        connect the major inland freight generators identified in 
        paragraph (7) to ports of entry;
            ``(9) the best practices for improving the operational and 
        safety performance of the national multimodal freight network;
            ``(10) the best practices to reduce, minimize, and mitigate 
        the environmental and other impacts of freight movement on 
        communities;
            ``(11) a process for addressing multistate projects and 
        encouraging jurisdictions to collaborate;
            ``(12) strategies to improve freight intermodal 
        connectivity, including bulk transloading facilities;
            ``(13) the development of more consistent and accurate data 
        to measure freight movement domestically and internationally; 
        and
            ``(14) 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.
    ``(c) Updates.--
            ``(1) In general.--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.
            ``(2) Major international and domestic trade gateways and 
        corridors.--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.
``Sec. 5405. National multimodal freight advisory committee
    ``(a) Establishment.--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--
            ``(1) airports, highways, ports and waterways, rail, and 
        pipeline;
            ``(2) shippers;
            ``(3) carriers;
            ``(4) freight-related associations;
            ``(5) the freight industry workforce;
            ``(6) State departments of transportation;
            ``(7) local governments;
            ``(8) metropolitan planning organizations;
            ``(9) regional or local transportation authorities, such as 
        port authorities;
            ``(10) freight safety organizations; and
            ``(11) university research centers.
    ``(b) Purpose.--The purpose of the committee is to help promote a 
safe, economically efficient, and environmentally sustainable national 
freight system.
    ``(c) Duties.--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--
            ``(1) the implementation of freight transportation 
        requirements;
            ``(2) the establishment of a national multimodal freight 
        network under section 5403;
            ``(3) the development of the national multimodal freight 
        strategic plan under section 5404;
            ``(4) the development of measures of conditions and 
        performance in freight transportation;
            ``(5) the development of freight transportation investment, 
        data, and planning tools; and
            ``(6) recommendations for Federal legislation.
    ``(d) Qualifications.--Each member of the committee shall have 
qualifications sufficient to represent the interests of the member's 
specific stakeholder group, such as--
            ``(1) general business and financial experience;
            ``(2) experience or qualifications in the areas of freight 
        transportation and logistics;
            ``(3) experience in transportation planning, safety, 
        technology, or workforce issues;
            ``(4) experience representing employees of the freight 
        industry;
            ``(5) experience representing State or local governments or 
        metropolitan planning organizations in transportation-related 
        issues; or
            ``(6) experience in trade economics relating to freight 
        flows.
    ``(e) Support Staff, Information, and Services.--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.
    ``(f) Nonapplication of FACA.--Section 14 of the Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the committee.
``Sec. 5406. State freight plans
    ``(a) In General.--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.
    ``(b) Contents.--Each State freight plan shall include--
            ``(1) 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;
            ``(2) 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;
            ``(3) 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;
            ``(4) 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;
            ``(5) 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;
            ``(6) 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;
            ``(7) consideration of any significant congestion or delay 
        caused by freight movements and any strategies to mitigate that 
        congestion or delay; and
            ``(8) 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.
    ``(c) Relationship to Statewide Strategic Long-Range Transportation 
Plan.--
            ``(1) In general.--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.
            ``(2) Fiscal constraints.--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.
            ``(3) Planning period.--Each State freight plan shall 
        address a 10-year forecast period.
            ``(4) Updates.--
                    ``(A) In general.--A State shall update its State 
                freight plan as frequently as the State determines 
                necessary, but not less frequently than once every 10 
                years.
                    ``(B) Priority freight investment plan.--A State 
                shall update its priority freight investment plan as 
                frequently as the State determines necessary, but at 
                least once every 5 years.
    ``(d) Consultation.--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.
``Sec. 5407. State freight advisory committees
    ``(a) Establishment.--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--
            ``(1) as applicable, airports, highways, ports and 
        waterways, rail, and pipeline;
            ``(2) shippers;
            ``(3) carriers;
            ``(4) freight-related associations;
            ``(5) the freight industry workforce;
            ``(6) the State department of transportation;
            ``(7) local governments;
            ``(8) metropolitan planning organizations;
            ``(9) local transportation authorities, such as port 
        authorities;
            ``(10) freight safety organizations; and
            ``(11) university research centers.
    ``(b) Qualifications.--Each member of the advisory committee shall 
have qualifications sufficient to represent the interests of the 
member's specific stakeholder group, such as--
            ``(1) general business and financial experience;
            ``(2) experience or qualifications in the areas of freight 
        transportation and logistics;
            ``(3) experience in transportation planning, safety, or 
        workforce issues;
            ``(4) experience representing employees of the freight 
        industry;
            ``(5) experience representing State or local governments, 
        or metropolitan planning organizations in transportation-
        related issues; or
            ``(6) experience in trade economics relating to freight 
        flows.
    ``(c) Duties.--A freight advisory committee of a State described in 
subsection (a) shall--
            ``(1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
            ``(2) serve as a forum for discussion for State 
        transportation decisions affecting freight movement;
            ``(3) communicate and coordinate regional priorities with 
        other freight-related organizations;
            ``(4) promote the sharing of information between the 
        private and public sectors on freight issues; and
            ``(5) 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.
``Sec. 5408. Conditions and performance reports
    ``(a) In General.--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.
    ``(b) Contents.--The report shall contain, at a minimum, the 
following--
            ``(1) 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
            ``(2) a description of impediments to improving the 
        conditions and performance of the national multimodal freight 
        network.
``Sec. 5409. Transportation investment data and planning tools
    ``(a) In General.--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--
            ``(1) methodologies for systematic analysis of benefits and 
        costs on a national, regional, and local basis;
            ``(2) 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;
            ``(3) improved methods for data collection and trend 
        analysis;
            ``(4) freight forecasting models; and
            ``(5) other tools to assist in effective freight 
        transportation planning.
    ``(b) Freight Data.--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--
            ``(1) 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
            ``(2) 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.
    ``(c) Consultation.--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).
    ``(d) Multimodal Freight Performance Measures.--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.
``Sec. 5410. Freight investment grant program
    ``(a) Definitions.--In this section:
            ``(1) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) a State;
                    ``(B) a political subdivision of a State;
                    ``(C) a metropolitan planning organization;
                    ``(D) a regional or local transportation authority, 
                including a port authority;
                    ``(E) a tribal government or a consortium of tribal 
                governments; or
                    ``(F) 2 or more of the entities described in 
                subparagraphs (A) through (E).
            ``(2) Eligible project.--The term `eligible project' means 
        a capital investment in a project, or a project phase with 
        independent utility, for--
                    ``(A) a transportation infrastructure facility; or
                    ``(B) an intelligent transportation system project 
                primarily for freight benefit that reduces congestion 
                or improves safety.
            ``(3) Facility.--The term `facility' includes--
                    ``(A) a road facility;
                    ``(B) a rail facility;
                    ``(C) a marine highway facility;
                    ``(D) a maritime, land border, or inland port 
                facility;
                    ``(E) 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
                    ``(F) a facility related to an international border 
                crossing.
            ``(4) Marine highway.--The term `marine highway' means all 
        of the marine transportation routes designated by the Secretary 
        that--
                    ``(A) serve as extensions of the surface 
                transportation system; and
                    ``(B) promote short sea transportation.
            ``(5) Transportation infrastructure facility.--The term 
        `transportation infrastructure facility' means a facility that 
        is significantly used for the movement of freight.
    ``(b) Establishment.--The Secretary shall establish and implement a 
freight investment grant program in accordance with the policy, goals, 
and strategies described in section 5402.
    ``(c) Applications.--
            ``(1) In general.--An eligible applicant shall submit to 
        the Secretary an application in such form and in accordance 
        with such requirements as the Secretary shall establish.
            ``(2) Groups of entities.--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).
    ``(d) Criteria for Selection.--The Secretary shall select eligible 
projects for funding based on the following criteria:
            ``(1) The eligible project will help achieve the goals and 
        strategies described in section 5402.
            ``(2) 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.
            ``(3) 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.
            ``(4) The likely benefits of the eligible project relative 
        to its costs.
            ``(5) The extent to which the eligible project demonstrates 
        the use of innovative technology, strategies, and practices or 
        involves collaboration among States or political subdivisions.
            ``(6) The likely effect of the eligible project to support 
        the movement of freight internationally or to efficiently move 
        freight and people interstate or intrastate.
            ``(7) The eligible project's support of freight operations 
        in a nationally significant place, as determined by the 
        Secretary.
            ``(8) The consistency of the eligible project with the 
        national multimodal freight strategic plan developed under 
        section 5404.
            ``(9) 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.
            ``(10) The extent to which the eligible project will reduce 
        the adverse impacts of freight transportation on a local 
        community.
            ``(11) The ability of the eligible project to increase 
        throughput and reduce congestion at freight chokepoints.
    ``(e) Federal Share.--The Federal share for a project funded under 
this section shall not exceed--
            ``(1) 80 percent of the total capital cost of the eligible 
        project; or
            ``(2) $50,000,000.
    ``(f) Grant Analysis.--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--
            ``(1) the actual cost of constructing the eligible project;
            ``(2) the time required to complete and implement the 
        eligible project;
            ``(3) the level of usage of the transportation 
        infrastructure facility built or improved by the eligible 
        project;
            ``(4) 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
            ``(5) any costs resulting from the eligible project in 
        addition to the projected costs estimated in the application 
        under subsection (c).
    ``(g) Terms and Conditions.--The Secretary may require such 
additional terms and conditions of a grant under this section as the 
Secretary considers necessary.
    ``(h) Administration.--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.
    ``(i) Administrative and Oversight Costs.--
            ``(1) In general.--The Secretary may retain up to one-half 
        of 1 percent of the amounts authorized for each fiscal year 
        under this section for--
                    ``(A) administration of the freight investment 
                grant program; and
                    ``(B) oversight of eligible projects funded under 
                this section.
            ``(2) Administration expenses.--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--
                    ``(A) the Administrator of the Federal Highway 
                Administration;
                    ``(B) the Administrator of the Federal Railroad 
                Administration;
                    ``(C) the Administrator of the Federal Aviation 
                Administration;
                    ``(D) the Administrator of the Federal Maritime 
                Administration;
                    ``(E) the Assistant Secretary for Research and 
                Technology; and
                    ``(F) the Assistant Secretary of Freight Planning, 
                Permitting, and Development.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $2,000,000,000 for fiscal year 2016;
                    ``(B) $2,000,000,000 for fiscal year 2017;
                    ``(C) $2,000,000,000 for fiscal year 2018;
                    ``(D) $2,000,000,000 for fiscal year 2019;
                    ``(E) $2,000,000,000 for fiscal year 2020; and
                    ``(F) $2,000,000,000 for fiscal year 2021.
            ``(2) Administration of funds.--The funds appropriated for 
        this program shall be available for obligation until 
        expended.''.
    (b) Technical and Conforming Amendments.--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.''.

SEC. 3. OFFICE OF FREIGHT PLANNING, PERMITTING, AND DEVELOPMENT.

    (a) In General.--Section 102 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Office of Freight Planning, Permitting, and Development.--
            ``(1) Establishment.--There is established, in the Office 
        of the Secretary, an Office of Freight Planning, Permitting, 
        and Development (referred to in this subsection as the 
        `Office').
            ``(2) Responsibilities.--The Office shall--
                    ``(A) coordinate the investment of Federal funding 
                to improve the efficiency of the national multimodal 
                freight network (as defined in section 5401) to move 
                freight in accordance with the policy, goals, and 
                strategies described in section 5402;
                    ``(B) for projects that involve multiple Federal 
                agencies, designate a lead Federal agency or a modal 
                administrator within the Department of Transportation--
                            ``(i) to serve as the primary point of 
                        contact; and
                            ``(ii) to actively monitor and identify the 
                        progress of the permitting process;
                    ``(C) establish a process to give priority 
                consideration to the freight projects receiving freight 
                investment grants under section 5410 when--
                            ``(i) coordinating and facilitating the 
                        permit review process; and
                            ``(ii) advancing project delivery 
                        objectives if there is duplication of 
                        processes;
                    ``(D) facilitate communication among government, 
                public, and private freight transportation 
                stakeholders;
                    ``(E) support the Secretary in the development of 
                the national multimodal freight strategic plan (as 
                defined in section 5401);
                    ``(F) provide guidance or best practices on the 
                development of the State freight plans under section 
                5406; and
                    ``(G) carry out other duties, as prescribed by the 
                Secretary.
            ``(3) Organization.--The Office shall--
                    ``(A) be headed by the Assistant Secretary of 
                Freight Planning, Permitting, and Development;
                    ``(B) be structured out of existing resources and 
                funding within the Department of Transportation, to the 
                extent feasible; and
                    ``(C) serve to consolidate freight staffing from 
                all modal administrations to improve collaboration 
                between freight transportation modes (as defined in 
                section 5401), especially in permitting oversight, and 
                otherwise support the efficiency of the national 
                multimodal freight network.''.
    (b) Technical and Conforming Amendments.--
            (1) Assistant secretaries.--Section 102(e)(1) of title 49, 
        United States Code, is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``5'' and inserting ``6'';
                    (B) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary of Freight Planning, 
                Permitting, and Development, who shall be appointed by 
                the Secretary, with the approval of the President; 
                and''.
            (2) Executive schedule pay rates.--Section 5316 of title 5, 
        United States Code, is amended by inserting ``Assistant 
        Secretary of Freight Planning, Permitting, and Development, 
        Department of Transportation.'' after ``Assistant Secretary for 
        Administration, Department of Transportation.''.

SEC. 4. CAPITAL GRANTS FOR SHORTLINE FREIGHT RAILROAD STATE OF GOOD 
              REPAIR.

    (a) Definitions.--In this section:
            (1) Capital project.--The term ``capital project'' means 
        acquiring, constructing, improving, or inspecting shortline or 
        regional railroad infrastructure, such as equipment, track and 
        track structures, or a facility, including--
                    (A) bringing that infrastructure to a state of good 
                repair;
                    (B) bond costs and other costs relating to the 
                issuance of bonds or other debt financing instruments;
                    (C) evaluating and assessing project implementation 
                and outcomes;
                    (D) expenses incidental to the activities described 
                in subparagraph (C), including designing, engineering, 
                location surveying, mapping, and environmental studies;
                    (E) installing, restoring, and rehabilitating 
                track;
                    (F) preserving and acquiring rights-of-way;
                    (G) relocation assistance, including--
                            (i) acquiring replacement housing sites, 
                        and acquiring, constructing, relocating, and 
                        rehabilitating replacement housing; and
                            (ii) the lateral relocation of any portion 
                        of a rail line;
                    (H) eliminating obstacles and relocating utilities;
                    (I) payments for the maintenance responsibility of 
                rail trackage rights agreements;
                    (J) mitigating adverse impacts on safety, motor 
                vehicle traffic flow, quality of life, environment, or 
                economic development;
                    (K) highway-rail grade crossing improvements, 
                including the safety of and elimination of hazards at a 
                highway-rail grade crossing;
                    (L) communication and signalization improvements;
                    (M) subsidy and administrative costs of projects 
                eligible for Federal credit assistance under the 
                Railroad Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 801 et seq.) for a capital project to 
                improve shortline or regional railroad infrastructure;
                    (N) improving or replacing locomotives operated by 
                a shortline or regional railroad;
                    (O) on-dock or near-dock projects at seaports;
                    (P) resolving critical freight chokepoints and 
                addressing capacity constraints; and
                    (Q) such other construction, improvement or 
                inspection-related activities as determined appropriate 
                by the Secretary.
            (2) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) a State;
                    (B) a political subdivision of a State;
                    (C) a metropolitan planning organization;
                    (D) a regional or local transportation authority, 
                including a port authority;
                    (E) a tribal government or a consortium of tribal 
                governments;
                    (F) a public entity responsible for providing rail 
                freight transportation service;
                    (G) solely for the purpose of constructing a rail 
                connection between a plant or facility and a rail 
                carrier, a limited option freight shipper that owns or 
                operates a plant or facility;
                    (H) 2 or more of the entities described in 
                subparagraphs (A) through (G); and
                    (I) if the capital project is a public-private 
                partnership with 1 or more of the entities described in 
                subparagraphs (A) through (H), a shortline or regional 
                railroad or a holding company of a shortline or 
                regional railroad.
            (3) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given the term in section 20102 of title 49, United 
        States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (5) Shortline or regional railroad.--The term ``shortline 
        or regional railroad'' means a railroad carrier that has annual 
        carrier operating revenues that meet the threshold amount for 
        Class II carriers or Class III carriers, as determined by the 
        Surface Transportation Board under section 1201.1-1 of title 
        49, Code of Federal Regulations, on which not less than 80 
        percent of the volume of rail traffic is freight traffic.
            (6) State of good repair.--The term ``state of good 
        repair'' means a condition in which the existing physical 
        assets, both individually and as a system, are functioning as 
        designed within their useful lives and are sustained through 
        regular maintenance and replacement programs.
    (b) Grants Authorized.--
            (1) In general.--The Secretary shall establish a 
        competitive grant program to provide financial assistance to 
        eligible recipients for capital projects that--
                    (A) help accomplish the goals of a State rail plan 
                under section 22702 of title 49, United States Code, 
                or, if a State freight plan under section 5406 of that 
                title is complete, the goals of the State freight plan; 
                and
                    (B) either--
                            (i) improve shortline or regional railroad 
                        infrastructure by improving the efficient and 
                        safe movement of freight; or
                            (ii) mitigate the adverse impacts of 
                        shortline or regional railroad infrastructure 
                        or operations on a local community.
            (2) Eligibility and considerations for approval.--In 
        determining whether to award a grant to an eligible recipient 
        under this section, the Secretary shall consider the following, 
        listed by priority:
                    (A) The extent to which a capital project--
                            (i) will contribute to the efficient 
                        movement of freight, including multimodal 
                        freight;
                            (ii) will benefit the efficient movement of 
                        freight at or accessing a port, or agricultural 
                        or manufacturing cluster;
                            (iii) will contribute to increasing the 
                        economic competitiveness and state of good 
                        repair of a shortline or regional railroad;
                            (iv) will alleviate the impacts of a 
                        shortline or regional railroad's operations on 
                        local communities, including impacts on safety, 
                        motor vehicle traffic flow, community quality 
                        of life, environment, or economic development;
                            (v) will enhance safety;
                            (vi) is not capable of being fully funded 
                        without Federal grant funding;
                            (vii) complies with the limitation relating 
                        to the allocation of grant funds set forth in 
                        subsection (c);
                            (viii) will contribute to the equitable 
                        treatment of the various regions of the United 
                        States;
                            (ix) includes equitable participation from 
                        other beneficiaries in the project's financing, 
                        including the extent to which the project will 
                        leverage financial contributions or commitments 
                        from private entities involved with the project 
                        in proportion to the expected benefits that 
                        accrue to such entities from the project;
                            (x) is compatible with local land use, 
                        economic development, and transportation plans 
                        and objectives; and
                            (xi) will increase the reliability and 
                        resilience of the Nation's multimodal freight 
                        system.
                    (B) The past performance of the eligible recipient 
                and other beneficiaries of the capital project in 
                developing and delivering 1 or more capital projects.
                    (C) Such other factors as the Secretary considers 
                relevant.
    (c) Allocation Limitation.--Not less than 50 percent of all grant 
funds awarded under this section out of funds appropriated for a fiscal 
year shall be provided to publicly owned shortline railroads.
    (d) Project Cost Sharing.--
            (1) Basis.--The Secretary shall estimate the total cost of 
        each eligible project based on--
                    (A) engineering studies;
                    (B) studies of economic feasibility;
                    (C) environmental analyses; and
                    (D) information on the expected use of the 
                shortline or regional railroad infrastructure, such as 
                equipment, track, track structure, or facility.
            (2) Federal share.--A Federal grant for an eligible project 
        under this section may not exceed--
                    (A) 90 percent of the total capital cost of the 
                eligible project; or
                    (B) $6,000,000.
            (3) Non-federal share.--
                    (A) In general.--An eligible recipient shall pay, 
                or arrange for the payment from non-Federal sources, 
                including financing, not less than 10 percent of the 
                shared costs of an eligible project that is funded in 
                part by a grant awarded under this section.
                    (B) Forms of contributions.--The shared costs under 
                subparagraph (A) may be paid in cash or in-kind 
                contributions.
                    (C) In-kind contributions.--
                            (i) In general.--The non-Federal in-kind 
                        contributions under subparagraph (B) may 
                        consist of--
                                    (I) real property;
                                    (II) tangible personal property;
                                    (III) services of employees of the 
                                eligible recipient or non-Federal 
                                source; and
                                    (IV) payments made by an eligible 
                                recipient or other non-Federal source 
                                for costs incurred for the eligible 
                                project before the filing of an 
                                application for a grant under this 
                                section, and any in-kind contributions 
                                that were made for the project before 
                                the filing of the application, to the 
                                extent that such costs were incurred or 
                                in-kind contributions were made to 
                                comply with a legal requirement 
                                necessary to carry out the eligible 
                                project.
                            (ii) Calculations.--The value of an in-kind 
                        contribution under clause (i)(III) shall be 
                        calculated--
                                    (I) by including the costs incurred 
                                by the eligible recipient or other non-
                                Federal source for the pay and benefits 
                                of an employee described in clause 
                                (i)(III); and
                                    (II) by excluding any overhead or 
                                general administrative costs.
    (e) Reporting Requirement.--As part of the grant application 
process, each eligible recipient shall submit a description of the 
anticipated public and private benefits (as those terms are defined in 
section 22701 of title 49, United States Code) associated with the 
eligible project.
    (f) Agreements To Combine Amounts.--Two or more eligible recipients 
may agree to combine any part of the amounts provided through grants 
for an eligible project under this section if--
            (1) the eligible project will benefit each eligible 
        recipient entering into the agreement; and
            (2) the agreement does not violate any Federal law or any 
        law of any State in which an eligible recipient is located.
    (g) State Cooperation.--The Secretary shall encourage each 
shortline or regional railroad applicant for a grant under this section 
to utilize the expertise and assistance of 1 or more State 
transportation agencies in applying for and administering the grant. 
The Secretary shall encourage each applicable State transportation 
agency to provide its expertise and assistance to the shortline or 
regional railroad.
    (h) Rulemaking.--Not later than July 1, 2016, the Secretary shall 
issue final regulations for implementing the grant program authorized 
under this section.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2016 through 2021.

SEC. 5. CAPITAL GRANTS FOR GRADE SEPARATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) a State;
                    (B) a political subdivision of a State;
                    (C) a metropolitan planning organization;
                    (D) a regional or local transportation authority, 
                including a port authority;
                    (E) a tribal government or a consortium of tribal 
                governments; or
                    (F) 2 or more of the entities described in 
                subparagraphs (A) through (E).
            (2) Highway-rail vertical grade separation project.--The 
        term ``highway-rail vertical grade separation project'' means a 
        project that separates the grade of a road-rail crossing to 
        eliminate the conflict between those freight transportation 
        modes.
            (3) Host railroad.--The term ``host railroad'' means--
                    (A) a Class I railroad, Class II railroad, or Class 
                III railroad (as defined in section 20102 of title 49, 
                United States Code); and
                    (B) the public or private owner of rail 
                infrastructure over which a Class I railroad, Class II 
                railroad, or Class III railroad operates.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Grants Authorized.--The Secretary shall establish a competitive 
capital grant program to provide financial assistance to eligible 
applicants for highway-rail vertical grade separation projects intended 
to reduce highway and rail congestion and improve safety.
    (c) Eligible Projects.--An eligible applicant may apply for a grant 
under this section for the purpose of--
            (1) constructing a highway-rail vertical grade separation 
        project; or
            (2) planning, preparing, or designing a project described 
        in paragraph (1).
    (d) Project Selection Criteria.--In determining whether to award a 
grant to an eligible applicant under this section, the Secretary shall 
consider the following factors, listed by priority:
            (1) Whether the highway-rail vertical grade separation 
        project will cost-effectively reduce national, regional, or 
        local truck and rail freight network delays.
            (2) The extent to which the highway-rail vertical grade 
        separation project includes equitable financial participation 
        from other beneficiaries of the project, including the extent 
        to which the project will leverage financial contributions or 
        commitments from private entities involved with the project in 
        proportion with or greater to the proportion of the expected 
        benefits that accrue to such entities from the project.
            (3) The truck freight and train volumes at the crossing.
            (4) The traffic delays caused by trains traveling through 
        the crossing.
            (5) The history at the crossing of incidents with fatal or 
        severe injuries.
            (6) The safety hazards, including sightlines, along the 
        crossing approaches.
            (7) The angle of the tracks to the roadway.
            (8) The highway-rail vertical grade separation project 
        readiness.
            (9) The benefit to railroad operations as a result of the 
        project.
            (10) Such other factors as the Secretary considers 
        relevant.
    (e) Reporting Requirement.--As part of the grant application 
process, each eligible applicant shall submit a description of the 
anticipated public and private benefits associated with the highway-
rail vertical grade separation project. The eligible applicant shall 
describe the anticipated public and private benefits in consultation 
with the host railroad involved in the project.
    (f) Project Cost Sharing.--
            (1) Basis.--The Secretary shall estimate the total cost of 
        each highway-rail vertical grade separation project based on--
                    (A) engineering studies;
                    (B) studies of economic feasibility; and
                    (C) information on the expected use of equipment or 
                facilities.
            (2) Federal share.--A Federal grant for a highway-rail 
        vertical grade separation project under this section may not 
        exceed--
                    (A) 60 percent of the total capital cost of the 
                highway-rail vertical grade separation project; or
                    (B) $15,000,000.
            (3) Non-federal share.--
                    (A) In general.--The eligible applicant shall pay, 
                or arrange for the payment from non-Federal sources, 
                including financing, not less than 40 percent of the 
                shared costs of a highway-rail vertical grade 
                separation project that is funded in part by a grant 
                awarded under this section.
                    (B) Forms of contributions.--The costs required 
                under subparagraph (A) may be paid in cash or in-kind 
                contributions.
                    (C) In-kind contributions.--
                            (i) In general.--The non-Federal in-kind 
                        contributions under subparagraph (B) may 
                        consist of--
                                    (I) real property;
                                    (II) tangible personal property;
                                    (III) services of employees of the 
                                eligible applicant or other non-Federal 
                                source; and
                                    (IV) payments made by the eligible 
                                applicant or other non-Federal source 
                                for costs incurred for the highway-rail 
                                vertical grade separation project 
                                before the filing of an application for 
                                a grant for the project under this 
                                section, and any in-kind contributions 
                                that were made for the project before 
                                the filing of the application, to the 
                                extent that such costs were incurred or 
                                in-kind contributions were made to 
                                comply with a legal requirement 
                                necessary to carry out the project.
                            (ii) Contributions.--The value of an in-
                        kind contribution under clause (i)(III) shall 
                        be calculated--
                                    (I) by including the costs incurred 
                                by the eligible applicant or other non-
                                Federal source for the pay and benefits 
                                of an employee described in clause 
                                (i)(III); and
                                    (II) by excluding any overhead or 
                                general administrative costs.
    (g) Grant Conditions.--The Secretary shall require as a condition 
of making any grant under this section that a written agreement exist 
between an eligible applicant and a host railroad concerning 
construction, maintenance, railroad contribution, and such other 
factors as the Secretary considers relevant.
    (h) Rulemaking.--Not later than July 1, 2016, the Secretary shall 
issue final regulations for implementing the grant program authorized 
under this section.
    (i) Guidance.--The Secretary may update existing or issue new 
guidance to assist an eligible applicant in determining whether a 
highway-rail crossing should be grade separated, including by 
identifying relevant criteria that should be considered and evaluating 
the benefits and costs of grade separations compared to other safety 
approaches within a risk analysis framework.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $150,000,000 
for each of fiscal years 2016 through 2021.
                                 <all>