[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3629 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3629
To improve the efficiency, operation, and security of the national
transportation system to move freight by leveraging investments and
promoting partnerships that advance interstate and foreign commerce,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2010
Mr. Lautenberg (for himself, Mrs. Murray, and Ms. Cantwell) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the efficiency, operation, and security of the national
transportation system to move freight by leveraging investments and
promoting partnerships that advance interstate and foreign commerce,
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 ``Focusing
Resources, Economic Investment, and Guidance to Help Transportation Act
of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FREIGHT TRANSPORTATION POLICY AND STRATEGIC DEVELOPMENT
Sec. 101. Federal Government role in freight transportation.
Sec. 102. Office of Freight Planning and Development.
Sec. 103. Transportation investment planning tools.
TITLE II--FREIGHT TRANSPORTATION INVESTMENT
Sec. 201. National freight infrastructure investment grants.
Sec. 202. Port infrastructure development initiative.
TITLE I--FREIGHT TRANSPORTATION POLICY AND STRATEGIC DEVELOPMENT
SEC. 101. FEDERAL GOVERNMENT ROLE IN FREIGHT TRANSPORTATION.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``310. National freight transportation policy
``(a) National Freight Transportation Policy.--It is the policy of
the United States to improve the efficiency, operation, and security of
the national transportation system to move freight by leveraging
investments and promoting partnerships that advance interstate and
foreign commerce, promote economic competitiveness and job creation,
improve the safe and efficient mobility of goods, and protect the
public health and the environment.
``(b) Objectives.--The objectives of the policy are--
``(1) to target investment in freight transportation
projects that strengthen the economic competitiveness of the
United States with a focus on domestic industries and
businesses and the creation of high-value jobs;
``(2) to promote and advance energy conservation and the
environmental sustainability of freight movements;
``(3) to facilitate and advance the safety and health of
the public, including communities adjacent to freight
movements;
``(4) to provide for systematic and balanced investment to
improve the overall performance and reliability of the national
transportation system to move freight, including ensuring trade
facilitation and transportation system improvements are
mutually supportive;
``(5) to promote partnerships between Federal, State, and
local governments, the private sector, and other transportation
stakeholders to leverage investments in freight transportation
projects; and
``(6) to encourage adoption of operational policies, such
as intelligent transportation systems, to improve the
efficiency of freight-related transportation movements and
infrastructure.
``(c) Goals.--
``(1) In general.--The goals of the policy are--
``(A) to reduce transportation infrastructure-
related delays of goods and commodities entering into
and out of international points of entry on an annual
basis;
``(B) to increase travel time reliability on major
freight corridors that connect major population centers
to freight generators and international gateways on an
annual basis;
``(C) to reduce by 10 percent the number of freight
transportation-related fatalities by 2015;
``(D) to reduce national freight transportation-
related carbon dioxide levels by 40 percent by 2030;
and
``(E) to reduce freight transportation-related air,
water, and noise pollution and impacts on ecosystems
and communities on an annual basis.
``(2) Baselines.--Not later than 2 years after the date of
enactment of the Focusing Resources, Economic Investment, and
Guidance to Help Transportation Act of 2010, the Secretary
shall develop baselines for the goals and shall determine
appropriate methods of data collection to measure the
attainment of the goals, utilizing the tools and data developed
under section 103 of that Act.
``(3) Authority.--Notwithstanding any other provision of
law in effect as of the date of enactment of the Focusing
Resources, Economic Investment, and Guidance to Help
Transportation Act of 2010, the Secretary may, through a
process of public notice and comment and with reasonable prior
notice to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure preceding any significant
change, consistent with the public interest, amend the goals
under this subsection or develop additional goals to
effectively meet the policy and objectives set forth in this
section.''.
(b) Conforming Amendments.--The table of contents for chapter 3 of
title 49, United States Code, is amended by inserting after the item
relating to section 309 the following:
``310. National freight transportation policy.''.
SEC. 102. OFFICE OF FREIGHT PLANNING 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 and Development.--
``(1) Establishment.--There is established within the
Office of the Secretary an Office of Freight Planning and
Development. The Office shall--
``(A) coordinate investment of Federal funding to
improve the efficiency of the national transportation
system to move freight consistent with the policy,
objectives, and goals of section 310;
``(B) facilitate communication among government,
public, and private freight transportation
stakeholders;
``(C) support the Secretary in the development of
the National Freight Transportation Strategic Plan; and
``(D) carry out other duties, as prescribed by the
Secretary.
``(2) Organization.--The head of the Office shall be the
Assistant Secretary of Freight Planning and Development.
``(3) National freight transportation strategic plan.--
``(A) Development.--Not later than 2 years after
the date of enactment of the Focusing Resources,
Economic Investment, and Guidance to Help
Transportation Act of 2010, the Secretary shall develop
a long-term National Freight Transportation Strategic
Plan to guide planning and investments in the national
transportation system to move freight to achieve the
policy, objectives, and goals set forth in section 310.
``(B) Contents.--The Plan shall include--
``(i) an assessment of the current national
transportation system to move freight and the
system's ability to achieve the policy,
objectives, and goals set forth in section 310;
``(ii) an analysis of emerging and long-
term projected trends in economic and national
trade policies, public health, and
environmental conditions that will impact the
performance, needs, and uses of the national
transportation system to move freight;
``(iii) a description of the major
challenges to effectively meeting the policy,
objectives, and goals set forth in section 310
and a plan to address such challenges;
``(iv) a proposed investment plan to
develop priorities for Federal investments to
implement the policy, objectives, and goals in
section 310 and a strategy to develop the
coalitions, partnerships, and other
collaborative financing efforts necessary to
ensure stable, reliable funding and completion
of freight corridors and projects;
``(v) guidelines to encourage the
appropriate balance of means to finance the
national transportation system to move freight
to implement the Plan and the investment plan
proposed under clause (iv); and
``(vi) a list of priority freight corridors
and gateways to be improved and developed to
meet the policy, objectives, and goals set
forth in section 310.
``(C) Plan development.--In developing the Plan,
the Secretary shall--
``(i) consult with appropriate Federal
agencies, State, local, and tribal governments,
public and private transportation stakeholders,
organizations representing transportation
employees, appropriate foreign governments, and
other interested parties;
``(ii) consider ongoing Federal, State and
corridor-wide transportation plans;
``(iii) provide for public notice and
comment, including public hearings; and
``(iv) as appropriate, establish advisory
committees to assist with developing the Plan.
``(D) Submission and publication.--Upon completion
of the Plan, the Secretary shall--
``(i) post it on the Department of
Transportation's public Web site; and
``(ii) submit it to the Senate Committee on
Commerce, Science, and Transportation, the
Senate Committee on Appropriations, the House
of Representatives Committee on Transportation
and Infrastructure, and the House of
Representatives Committee on Appropriations.
``(E) Implementation.--Notwithstanding any other
provision of law in effect on the date of enactment of
the Focusing Resources, Economic Investment, and
Guidance to Help Transportation Act of 2010, the
Secretary shall--
``(i) implement the Plan consistent with
sections 302, 5503, 10101, and 13101 of this
title and section 101 of title 23 to the extent
that such sections do not conflict with the
policy, objectives, and goals established by
section 310;
``(ii) review and revise as necessary all
relevant freight transportation planning
requirements to ensure that such requirements
require that regional, State, and local surface
transportation planning efforts funded with
Federal funds are consistent with the policy,
objectives, and goals established by section
310; and
``(iii) require recipients of Federal non-
competitively awarded transportation funds and
competitively awarded freight-related grant
funds to submit a comprehensive annual report
on the use of such funds used for freight
projects, including a description of--
``(I) which projects and priorities
were funded with such funds;
``(II) the rationale and method
employed for apportioning such funds to
the projects and priorities; and
``(III) how the obligation of such
funds is consistent with or advances
the policy and objectives established
by section 310 and the Plan.
``(F) Progress reports.--The Secretary shall submit
biennial progress reports on the implementation of the
Plan beginning 2 years after the date on which the
Secretary posts the completed Plan on the Department's
Web site. The progress reports shall--
``(i) describe progress made toward fully
implementing the Plan and achieving the policy,
objectives, and goals established under section
310;
``(ii) describe challenges and obstacles to
full implementation;
``(iii) describe updates to the Plan
necessary to reflect changed circumstances or
new developments; and
``(iv) make policy and legislative
recommendations the Secretary believes are
necessary and appropriate to fully implement
the Plan.
``(G) Data.--The Secretary may conduct studies,
gather information, and require the production of data
necessary to develop or update the Plan.
``(H) Funding.--There are authorized to be
appropriated to the Secretary of Transportation
$3,000,000 to implement this subsection.''.
(b) Conforming Amendments.--
(1) Section 102(e) of title 49, United States Code, is
amended by striking ``4'' and inserting ``5''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``(4)'' in the item relating to Assistant
Secretaries of Transportation and inserting ``(5)''.
SEC. 103. TRANSPORTATION INVESTMENT DATA AND PLANNING TOOLS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall--
(1) develop new tools or improve existing tools to support
an outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects.
These new or improved tools shall include--
(A) a systematic cost-benefit analysis;
(B) an evaluation of external effects on
congestion, pollution, the environment, and the public
health;
(C) a valuation of modal alternatives; and
(D) other elements to assist in effective
transportation planning; and
(2) facilitate the collection of transportation-related
data to support a broad range of evaluation methods and
techniques such as demand forecasts, modal diversion forecasts,
estimates of the effect of proposed investments on congestion,
pollution, public health, and other factors, to assist in
making transportation investment decisions. At a minimum, the
Secretary, in consultation with other relevant Federal
agencies, shall consider any improvements to the Commodity Flow
Survey that reduce identified freight data gaps and
deficiencies and help evaluate forecasts of transportation
demand.
(b) Consultation.--To the extent practicable, the Secretary shall
consult with Federal, State, and local transportation planners to
develop, improve, and implement the tools and collect the data in
subsection (a).
TITLE II--FREIGHT TRANSPORTATION 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
``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; or
``(7) planning, preparation, or design of any project
described in paragraph (1), (2), (3), (4), (5), or (6).
``(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
Transportation Strategic Plan developed under section
102(h)(3);
``(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) Priority.--The Secretary shall give priority to projects that
have the highest system performance improvement relative to their
benefit-cost analysis, as measured by the tools developed under section
103 of the Focusing Resources, Economic Investment, and Guidance to
Help Transportation Act of 2010.
``(e) Letters of Intent.--
``(1) 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) At least 30 days before issuing a letter under
paragraph (1) of this subsection, the Secretary shall notify in
writing the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure 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) 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.
``(f) Federal Share of Net Project Cost.--
``(1) 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) The Federal share of a grant for the project shall
not exceed 80 percent of the project net capital cost.
``(3) 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.
``(g) 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.
``(h) 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.
``(i) 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.
``(j) Other Projects.--A recipient of Federal financial assistance
for a project under this title with an estimated total cost of
$100,000,000 or more that is not covered by subsection (i) 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.
``(k) 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.
``(l) Regulations.--Within 1 year after the date of enactment of
the Focusing Resources, Economic Investment, and Guidance to Help
Transportation Act of 2010, the Secretary shall prescribe regulations
to implement this section.
``(m) Applicant Defined.--In this subchapter, the term
``applicant'' includes a State, a political subdivision of a State,
government-sponsored authorities and corporations, and the District of
Columbia.
``(n) Secretarial Oversight.--
``(1) The Secretary may use no more than 1 percent of
amounts made available in a fiscal year for capital projects
under this subchapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1).
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.''.
(b) Conforming Amendment.--The table of contents 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.''.
SEC. 202. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.
Section 50302(c)(3)(C) of title 46, United States Code, is amended
to read as follows:
``(C) Transfers.--Amounts appropriated or otherwise
made available for any fiscal year for a marine
facility or intermodal facility that includes maritime
transportation may be transferred, at the option of the
recipient of such amounts, to the Fund and administered
by the Administrator as a component of a project under
the program.''.
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