29–006 

108TH CONGRESS REPT. 108–662 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

SURFACE TRANSPORTATION RESEARCH AND 

DEVELOPMENT ACT OF 2004 

SEPTEMBER 7, 2004.—Ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

[To accompany H.R. 3551] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, to whom was referred the bill (H.R. 

3551) to authorize appropriations to the Department of Transportation for surface transportation research and development, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

I. Amendment ................................................................................................. 2 

II. Purpose of the Bill ...................................................................................... 34 

III. Background and Need for the Legislation ................................................ 34 

IV. Summary of Hearings ................................................................................. 36 

V. Committee Actions ...................................................................................... 38 

VI. Summary of Major Provisions of the Bill .................................................. 39 

VII. Section-by-Section Analysis (by Title and Section) .................................. 40 

VIII. Committee Views ........................................................................................ 46 

IX. Cost Estimate .............................................................................................. 54 

X. Congressional Budget Office Cost Estimate ............................................. 54 

XI. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 58 

XII. Committee Oversight Findings and Recommendations ........................... 58 

XIII. Statement on General Performance Goals and Objectives ...................... 58 

XIV. Constitutional Authority Statement .......................................................... 58 

XV. Federal Advisory Committee Statement ................................................... 59 

XVI. Congressional Accountability Act .............................................................. 59 

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 59 

XVIII. Changes in Existing Law Made by the Bill, as Reported ........................ 59 

XIX. Committee Recommendations .................................................................... 125 

XX. Proceedings of the Subcommittee Markup ................................................ 127 

XXI. Proceedings of the Full Committee Markup ............................................. 429 

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I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Surface Transportation Research 

and Development Act of 2004’’. 

(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—SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT 

Sec. 101. Authorization of appropriations. 

Sec. 102. Goals, principles, and processes. 

Sec. 103. Transportation research and development strategic planning. 

Sec. 104. Surface transportation research and development. 

Sec. 105. Technology deployment. 

Sec. 106. Training and education. 

Sec. 107. Bureau of Transportation Statistics. 

Sec. 108. State planning and research. 

Sec. 109. Future Strategic Highway Research Program. 

Sec. 110. University transportation research. 

Sec. 111. Intelligent Transportation Systems. 

TITLE II—MISCELLANEOUS 

Sec. 201. Authorization of appropriations. 

Sec. 202. Innovative Practices and Technologies Demonstration and Deployment Program. 

Sec. 203. National Transit Institute. 

Sec. 204. Human resource programs. 

Sec. 205. Highway safety research and development. 

Sec. 206. Motor carrier research and development program. 

Sec. 207. Transportation, energy, and environment. 

Sec. 208. National cooperative freight transportation research and development program. 

Sec. 209. Next Generation National Transportation Policy Study Commission. 

Sec. 210. Real-time system management information program. 

Sec. 211. Planning capacity building initiative. 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) Research and development are critical to developing and maintaining a 

transportation system that meets the goals of safety, mobility, economic vitality, 

efficiency, equity, and environmental protection. 

(2) Federally sponsored surface transportation research and development has 

produced many successes. The development of rumble strips has increased safety; research on materials has increased the lifespan of pavements, saving money 

and reducing the disruption caused by construction; and Geographic Information Systems have improved the management and efficiency of transit fleets. 

(3) Despite these important successes, the Federal surface transportation research and development investment represents less than one percent of overall 

government spending on surface transportation. 

(4) While Congress increased funding for overall transportation programs by 

about 40 percent in the Transportation Equity Act for the 21st Century, funding 

for transportation research and development remained relatively flat. 

(5) The Federal investment in research and development should be balanced 

between short-term applied and long-term fundamental research and development. The investment should also cover a wide range of research areas, including research on materials and construction, research on operations, research on 

transportation trends and human factors, and research addressing the institutional barriers to deployment of new technologies. 

(6) Therefore, Congress finds that it is in the United States interest to increase the Federal investment in transportation research and development, and 

to conduct research in critical research gaps, in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection. 

TITLE I—SURFACE TRANSPORTATION 

RESEARCH AND DEVELOPMENT 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for each of fiscal years 

2004 through 2009, to carry out this title and the amendments made by this title 

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(other than sections 108 and 109) and other programs described in subsection (b), 

the greater of— 

(1) 1.08 percent of the amounts made available in each fiscal year from the 

Highway Trust Fund; or 

(2) $500,000,000. 

(b) PROGRAMS.—Of the amount authorized to be appropriated under subsection 

(a)— 

(1) 50 percent shall be for carrying out sections 502, 503, 506, 507, 508, and 

510 of title 23, United States Code, section 5113(b) of the Transportation Equity 

Act for the 21st Century, and section 104(d) of this Act, for each of fiscal years 

2004 through 2009, of which— 

(A) not less than $20,000,000 shall be for the Surface Transportation Environment and Planning Cooperative Research Program under section 507 

of title 23, United States Code, for each of those fiscal years; 

(B) not less than $10,000,000 shall be for advanced exploratory research 

under section 502(d) of title 23, United States Code, for each of those fiscal 

years; and 

(C) not less than $5,000,000 shall be for the National Multimodal Trends 

Policy Research Program under section 104(d) of this Act for each of those 

fiscal years; 

(2) 6.5 percent shall be for carrying out section 504 of title 23, United States 

Code, for each of fiscal years 2004 through 2009; 

(3) 7.5 percent shall be for carrying out section 111 of title 49, United States 

Code, for each of fiscal years 2004 through 2009, of which not less than 

$5,000,000 shall be for research and development grants under subsection (i)(2) 

of such section for each of fiscal years 2004 through 2009; 

(4) 11.5 percent shall be for carrying out section 5505 of title 49, United 

States Code, for each of fiscal years 2004 through 2009; and 

(5) 24.5 percent shall be for carrying out the Intelligent Transportation Systems Act of 2004 for each of fiscal years 2004 through 2009. 

SEC. 102. GOALS, PRINCIPLES, AND PROCESSES. 

(a) GOALS.—The Federal Government shall support surface transportation research and development to help achieve the goals established for the surface transportation system as set forth in the Transportation Equity Act for the 21st Century, 

including supporting economic vitality, improving safety and security, increasing 

mobility, protecting and enhancing the environment, improving integration between 

modes of transportation, promoting efficiency, and emphasizing the preservation of 

the existing transportation system. 

(b) BASIC PRINCIPLES GOVERNING RESEARCH AND DEVELOPMENT.— 

(1) COVERAGE.—Surface transportation research and development shall include all activities leading to technology development and transfer, as well as 

the introduction of new and innovative ideas, practices, and approaches, 

through such mechanisms as field applications, education and training, and 

technical support. 

(2) FEDERAL RESPONSIBILITY.—The Federal Government shall fund and conduct surface transportation research and development and technology transfer 

activities that— 

(A) are of national significance; 

(B) support research and development in which there is a clear public 

benefit, and private sector investment is less than optimal due to market 

failure; 

(C) support research and development that the Secretary determines is 

critical that is not otherwise being conducted by the public or private sector; 

or 

(D) support a Federal stewardship role in ensuring that State and local 

governments use national resources efficiently. 

(3) ROLE.—Consistent with these Federal responsibilities, the Secretary of 

Transportation shall— 

(A) conduct research and development; 

(B) support and facilitate research and development and technology 

transfer activities by State highway agencies, metropolitan planning organizations, and local governments; 

(C) share results of completed research and development; and 

(D) support and facilitate technology and innovation deployment. 

(4) PROGRAM CONTENT.—The surface transportation research and development program shall include— 

(A) fundamental, long-term research; 

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(B) research and development aimed at significant research gaps, and 

emerging issues with national implications; and 

(C) research related to policy and planning. 

(c) PROCESSES.— 

(1) STAKEHOLDER INPUT.—Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include 

States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public 

interest groups. 

(2) COMPETITION AND PEER REVIEW.—Except as otherwise provided in this 

Act, the Secretary shall award all grants, contracts, and cooperative agreements 

for research and development under this Act based on open competition and 

peer review of proposals. 

(3) PERFORMANCE REVIEW AND EVALUATION.—To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. Performance 

measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. 

All evaluations shall be made readily available to the public. 

SEC. 103. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING. 

(a) AMENDMENT.—Section 508 of title 23, United States Code, is amended to read 

as follows: 

‘‘§ 508. Transportation research and development strategic planning 

‘‘(a) IN GENERAL.— 

‘‘(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the 

Surface Transportation Research and Development Act of 2004, the Secretary 

shall develop a 5-year transportation research and development strategic plan 

to guide Federal transportation research and development activities. This plan 

shall be consistent with section 306 of title 5, sections 1115 and 1116 of title 

31, and any other research and development plan within the Department of 

Transportation. 

‘‘(2) CONTENTS.—The strategic plan developed under paragraph (1) shall— 

‘‘(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum— 

‘‘(i) reducing congestion and improving mobility; 

‘‘(ii) promoting safety; 

‘‘(iii) promoting security; 

‘‘(iv) protecting and enhancing the environment; 

‘‘(v) preserving the existing transportation system; and 

‘‘(vi) improving the durability and extending the life of transportation 

infrastructure; 

‘‘(B) for each purpose, list the primary research and development topics 

that the Department intends to pursue to accomplish that purpose, which 

may include the fundamental research in the physical and natural sciences, 

applied research, technology development, and social science research intended for each topic; and 

‘‘(C) for each research and development topic, describe— 

‘‘(i) the anticipated annual funding levels for the period covered by 

the strategic plan; and 

‘‘(ii) the additional information the Department expects to gain at the 

end of the period covered by the strategic plan as a result of the research and development in that topic area. 

‘‘(3) CONSIDERATIONS.—In developing the strategic plan, the Secretary shall 

ensure that the plan— 

‘‘(A) reflects input from a wide range of stakeholders; 

‘‘(B) includes and integrates the research and development programs of 

all the Department’s operating administrations, including aviation, transit, 

rail, and maritime; and 

‘‘(C) takes into account how research and development by other Federal, 

State, private sector, and not-for-profit institutions contributes to the 

achievement of the purposes identified under paragraph (2)(A), and avoids 

unnecessary duplication with these efforts. 

‘‘(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted under sections 

1115 and 1116 of title 31, the Secretary shall include— 

‘‘(A) a summary of the Federal transportation research and development 

activities for the previous fiscal year in each topic area; 

‘‘(B) the amount of funding spent in each topic area; 

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‘‘(C) a description of the extent to which the research and development 

is meeting the expectations set forth in paragraph (2)(C)(ii); and 

‘‘(D) any amendments to the strategic plan. 

‘‘(b) ANNUAL REPORT.—The Secretary shall submit to Congress an annual report, 

along with the President’s annual budget request, describing the amount spent in 

the last completed fiscal year on transportation research and development and the 

amount proposed in the current budget for transportation research and development. 

‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall enter into an 

agreement for the review by the National Research Council of the details of each— 

‘‘(1) strategic plan under section 508; 

‘‘(2) performance plan required under section 1115 of title 31; and 

‘‘(3) program performance report required under section 1116 of title 31, 

with respect to transportation research and development.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of title 23, United 

States Code, is amended by striking the item related to section 508 and inserting 

the following: 

‘‘508. Transportation research and development strategic planning.’’. 

SEC. 104. SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT. 

(a) SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT.—Section 502 of title 

23, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘may’’ and inserting ‘‘shall’’; and 

(B) by striking subparagraphs (B) and (C) of paragraph (1) and inserting 

the following: 

‘‘(B) all phases of transportation planning and development (including 

construction, transportation system management and operation, modernization, development, design, maintenance, safety, data collection, performance 

analysis, multimodal assessment, financing, demand forecasting, and traffic 

conditions); 

‘‘(C) institutional arrangements and support; and 

‘‘(D) the effect of State laws on the activities described in subparagraphs 

(A), (B), and (C).’’; 

(2) by amending subsection (c) to read as follows: 

‘‘(c) CONTENTS OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary shall 

include in surface transportation research, development, and technology transfer 

programs carried out under this title coordinated activities in the following areas: 

‘‘(1) Research and development on materials and structures to improve the 

durability of surface transportation infrastructure and extend the life of pavements and bridges, including, as appropriate— 

‘‘(A) development of nondestructive evaluation equipment for use with existing infrastructure facilities and with next-generation infrastructure facilities that use advanced materials; 

‘‘(B) standardized estimates, developed in conjunction with the National 

Institute of Standards and Technology and other appropriate organizations, 

of useful life under various conditions for advanced materials of use in surface transportation; 

‘‘(C) research on the effects of climate conditions (such as freezing, thawing, and precipitation) on highway construction materials, and development 

of materials that can withstand climatic conditions; and 

‘‘(D) economic highway geometrics, structures, and desirable weight and 

size standards for vehicles using the public highways and the feasibility of 

uniformity in State regulations with respect to such standards. 

‘‘(2) Research and development on the operation and management of the surface transportation system to improve efficiency, productivity, and safety, including, as appropriate— 

‘‘(A) technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of 

surface transportation systems, including responses to natural disasters; 

‘‘(B) research and system analysis to facilitate and integrate bicycle and 

pedestrian travel in the transportation system, including within National 

Parks and in areas adjacent to National Park land; 

‘‘(C) development of dynamic simulation models of surface transportation 

systems for— 

‘‘(i) predicting capacity, safety, and infrastructure durability problems; 

‘‘(ii) evaluating the extent to which projects are likely to achieve their 

stated objectives; and 

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‘‘(iii) testing the strengths and weaknesses of proposed revisions to 

surface transportation operations and management programs; 

‘‘(D) improvement of life cycle cost analysis, including— 

‘‘(i) establishing the appropriate analysis period and discount rates; 

‘‘(ii) learning how to value and properly consider use costs; 

‘‘(iii) determining tradeoffs between reconstruction and rehabilitation; 

and 

‘‘(iv) establishing methodologies for balancing higher initial costs of 

new technologies and improved or advanced materials against lower 

maintenance costs; 

‘‘(E) research on the effects of climatic conditions (such as freezing, thawing, and precipitation) on the costs of highway construction materials and 

maintenance; 

‘‘(F) research, development, and technology transfer related to asset management; and 

‘‘(G) evaluation of traffic calming measures that promote community preservation, transportation mode choice, and safety. 

‘‘(3) Research, development, and technology transfer to improve safety. 

‘‘(4) Research and development to support the evaluation of how the surface 

transportation system and individual surface transportation projects meet the 

goals of the surface transportation system stated in section 102(a) of the Surface 

Transportation Research and Development Act of 2004, including, as appropriate— 

‘‘(A) development, use, and dissemination of indicators, including appropriate computer programs for collecting and analyzing data on the status 

of infrastructure facilities, to measure the performance of the surface transportation systems of the United States, including productivity, efficiency, 

energy use, air quality, congestion, safety, maintenance, and other factors 

that reflect system performance; and 

‘‘(B) research on, and dissemination of recommendations and best practices aimed at addressing, nontechnical barriers to technology deployment 

(such as fragmented local authority, rigid procurement rules, and privacy 

and liability considerations). 

‘‘(5) To assess how the surface transportation system affects and is affected 

by social systems, including, as appropriate— 

‘‘(A) research aimed at understanding how emerging trends (including demographic, economic, and social trends) will affect surface transportation 

usage and needs; 

‘‘(B) research on how land use affects and is affected by surface transportation investments; and 

‘‘(C) telecommuting and the linkages between transportation, information 

technology, and community development, and the impact of technological 

change and economic restructuring on travel demand. 

‘‘(6) Environmental research and development, including research described in 

the Transportation Research Board Special Report 268, entitled ‘Surface Transportation Environmental Research: A Long-Term Strategy’ published in 2002. 

‘‘(7) Exploratory advanced research in any of the preceding areas. 

‘‘(8) Any other surface transportation research and development topics that 

the Secretary determines, in accordance with the strategic planning process 

under section 508, to be critical.’’; 

(3) in subsection (d)— 

(A) in paragraph (1), by inserting ‘‘exploratory’’ after ‘‘shall establish an’’; 

and 

(B) by striking paragraph (2) and inserting the following new paragraphs: 

‘‘(2) PURPOSE.—The purpose of the research program under this subsection 

shall be to achieve breakthroughs in transportation research. Exploratory advanced research should have a broader objective, longer time frame, multidisciplinary nature, and have both a higher risk and a higher potential payoff than 

for problem-solving research. 

‘‘(3) WORKSHOP.—The Secretary shall convene a workshop with appropriate 

researchers and policymakers from Federal and State agencies, as well as academic researchers. The purpose of the workshop shall be to determine priority 

areas of exploratory advanced research and to identify the best way to accomplish this research (such as through federally funded research and development 

centers or academic researchers). The workshop shall include a diverse group 

of stakeholders. The Secretary shall make the results of the workshop widely 

available to the public. The workshop shall be held within 6 months after the 

date of the enactment of this paragraph. 

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‘‘(4) GRANT PROGRAM.—The Secretary may administer a competitive, peer-reviewed grant program to support exploratory advanced research. 

‘‘(5) REPORT.—The President’s annual budget request to the Congress shall indicate the amount of funding used in the previous fiscal year, and proposed for 

the next fiscal year, to support exploratory advanced research under this subsection, including the amount used to support extramural research grants in exploratory advanced research under this subsection.’’; 

(4) in subsection (e)(1), by striking ‘‘(105 Stat.’’ and all that follows through 

‘‘performance program’’ and inserting ‘‘and the Transportation Equity Act for 

the 21st Century’’; 

(5) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: 

‘‘(f) LONG-TERM BRIDGE PERFORMANCE PROGRAM.— 

‘‘(1) AUTHORITY.—The Secretary shall establish a 20-year, long-term bridge 

performance program. 

‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—Under the program, the Secretary shall make grants and enter into cooperative agreements 

and contracts to— 

‘‘(A) monitor, material-test, and evaluate test bridges; 

‘‘(B) analyze the data obtained in carrying out subparagraph (A); and 

‘‘(C) prepare products to fulfill program objectives and meet future bridge 

technology needs.’’; 

(6) in subsection (h), as so redesignated by paragraph (5) of this subsection— 

(A) in paragraph (1), by striking ‘‘January 31, 1999’’ and inserting ‘‘July 

31, 2004’’; and 

(B) in paragraph (2), by striking ‘‘biannual reports’’ and all that follows 

through ‘‘21st Century’’ and inserting ‘‘previous reports under this subsection’’; and 

(7) by adding at the end the following new subsection: 

‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 

‘‘(1) IN GENERAL.—The Secretary shall operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center. 

‘‘(2) USES OF THE CENTER.—The Turner-Fairbank Highway Research Center 

shall support the— 

‘‘(A) conduct of highway research and development related to new highway technology; 

‘‘(B) development of understandings, tools, and techniques that provide 

solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality controlled construction practices, and durable materials; and 

‘‘(C) development of innovative highway products and practices.’’. 

(b) GEOSPATIAL INFORMATION SYSTEMS.—Section 5113 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note) is amended by amending subsection (b) to read as follows: 

‘‘(b) PROGRAM.— 

‘‘(1) NATIONAL POLICY.—The Secretary shall establish and maintain a national 

policy for the use of commercial remote sensing products and geospatial information technologies in national transportation infrastructure development and 

construction. 

‘‘(2) POLICY IMPLEMENTATION.—The Secretary shall develop new applications 

of commercial remote sensing products and geospatial information technologies 

for the implementation of the national policy established and maintained under 

paragraph (1).’’. 

(c) ENVIRONMENT AND PLANNING.— 

(1) AMENDMENT.—Section 507 of title 23, United States Code, is amended to 

read as follows: 

‘‘§ 507. Surface Transportation Environment and Planning Cooperative Research Program 

‘‘(a) IN GENERAL.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish and support a collaborative, public-private, multimodal surface transportation environment and planning cooperative research and development program. 

‘‘(2) PROGRAM.—The program established under paragraph (1) shall solely 

carry out research and development called for in the Transportation Research 

Board Special Report 268, entitled ‘Surface Transportation Environmental Research: A Long-Term Strategy’, published in 2002, which included the following 

research and development areas: 

‘‘(A) Human Health. 

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‘‘(B) Ecology and Natural Systems. 

‘‘(C) Environmental and Social Justice. 

‘‘(D) Emerging Technologies. 

‘‘(E) Land Use. 

‘‘(F) Planning and Performance Measures. 

‘‘(b) ADMINISTRATION.— ‘‘(1) AGREEMENT.—The Secretary shall enter into an arrangement with the 

National Research Council, or another nonprofit research organization, such as 

the Health Effects Institute, to administer the program established under subsection (a)(1). 

‘‘(2) DISSEMINATION OF RESEARCH AND DEVELOPMENT FINDINGS.—The organization described in paragraph (1) and the Department of Transportation shall 

proactively disseminate research and development findings under this section to 

researchers, practitioners, and decisionmakers. 

‘‘(c) ADVISORY BOARD.— ‘‘(1) ESTABLISHMENT.—The organization described in subsection (b)(1) shall establish an advisory board. 

‘‘(2) MEMBERSHIP.—The advisory board shall be balanced, and shall include— 

‘‘(A) representatives from pubic interest groups representing the environment; 

‘‘(B) representatives of State, regional, and local transportation agencies, 

including metropolitan planning organizations and transit agencies; 

‘‘(C) representatives of State environmental agencies; 

‘‘(D) transportation and environmental scientists and engineers; and 

‘‘(E) representatives of Federal agencies, including the Department of 

Transportation, the Environmental Protection Agency, and the National 

Science Foundation. 

‘‘(3) RESPONSIBILITIES.—The advisory board shall— 

‘‘(A) develop an annual research and development agenda to carry out research and development activities described in subsection (a)(2); 

‘‘(B) solicit research proposals to carry out the research and development 

agenda, and oversee peer review of proposals; 

‘‘(C) develop project selection criteria through an open and public consultation process with stakeholders; and 

‘‘(D) select projects for funding. 

‘‘(4) CRITERIA.—In developing criteria, the advisory board shall give priority 

to proposals that— 

‘‘(A) are designed to develop fundamental knowledge; 

‘‘(B) are interdisciplinary and involve partnerships; and 

‘‘(C) include significant matching funds. 

‘‘(d) PROJECT FUNDING.—In addition to using funds authorized for this section, the 

organization described in subsection (b)(1) is encouraged to seek and accept additional funding sources from public and private entities. 

‘‘(e) ANNUAL REPORT.—The organization described in subsection (b)(1) shall prepare and transmit to the Secretary and the Congress an annual report that includes 

a project summary for every project funded under this section. Each summary shall 

describe the project, summarize its status and funding levels, and identify sources 

of funding.’’. 

(2) CONFORMING AMENDMENT.—The analysis for chapter 5 of title 23, United 

States Code, is amended by striking the item related to section 507 and inserting the following: 

‘‘507. Surface transportation environment and planning cooperative research program.’’. 

(d) NATIONAL MULTIMODAL TRENDS POLICY RESEARCH AND DEVELOPMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall carry out a National Multimodal Trends 

Policy Research and Development Program that systematically addresses critical short-term, medium-term, and long-term social science issues affecting and 

affected by the transportation system. 

(2) CONTENTS.—The program to be carried out under this subsection shall include research and development on— 

(A) how, and the extent to which, the overall transportation system is 

meeting the goals set forth in the Transportation Equity Act for the 21st 

Century, and how to improve evaluation methodologies and performance 

measures; 

(B) the development of policy analysis tools and methods for use by decisionmakers; 

(C) the critical factors and major trends affecting the success and performance of the Nation’s transportation system, as well as how such information can be incorporated into national, State, and local decisionmaking; 

9 

(D) economic, demographic, and social trends that are affecting and are 

affected by the transportation system, including such topics as— 

(i) economic trends, including international trade and its effects on 

the transportation of people and goods, rapidly changing information 

technology, the changing nature of metropolitan economies, diversification of employment sites, and innovations in goods movement; 

(ii) demographic trends, changing residential patterns, and the aging 

of the population; and 

(iii) social trends, including income disparity, access of underserved 

populations to jobs, services and health care, including the needs of 

low-income, minority, and transit-dependent populations in urban and 

rural areas, the needs of rural populations, and the effects of new technologies on driver behavior; 

(E) how institutional factors affect the development and successful deployment of new technologies; and 

(F) other critical issues identified by the Advisory Board established 

under paragraph (4). 

(3) ESTABLISHMENT.—The Secretary shall enter into an arrangement with the 

National Research Council to establish the advisory board under paragraph (4) 

and to administer the program. 

(4) ADVISORY BOARD.— 

(A) MEMBERSHIP.—A majority of members of the advisory board shall be 

experts in a broad array of social science fields. Additional members of the 

advisory board shall be balanced among representatives of Federal, State, 

and local transportation agencies, other agencies with appropriate expertise, metropolitan planning organizations, transit operating agencies, and 

environmental and other nonprofit organizations, including representatives 

of community-based orgainzations. 

(B) RESPONSIBILITIES.—The advisory board shall— 

(i) develop a detailed research and development agenda, which shall 

serve as the basis of the annual project solicitation; 

(ii) annually solicit project proposals, through open competition and 

peer review of research and development proposals; and 

(iii) develop project selection criteria, through an open and public 

consultation process with stakeholders. 

(5) DISSEMINATION OF RESEARCH AND DEVELOPMENT FINDINGS.—The National 

Research Council and the Department of Transportation shall disseminate research and development findings under this subsection to researchers, practitioners, and decisionmakers. 

(e) ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a road weather research 

and development program to— 

(A) maximize use of available road weather information and technologies; 

(B) expand road weather research and development efforts to enhance 

roadway safety, capacity, and efficiency while minimizing environmental 

impacts; and 

(C) promote technology transfer of effective road weather scientific and 

technological advances. 

(2) STAKEHOLDER INPUT.—In carrying out this subsection, the Secretary shall 

consult with the National Oceanic and Atmospheric Administration, the National Science Foundation, the American Association of State Highway and 

Transportation Officials, nonprofit organizations, and the private sector. 

(3) CONTENTS.— The program established under this subsection shall solely 

carry out research and development called for in the National Research Council’s report entitled ‘‘A Research Agenda for Improving Road Weather Services’’. 

Such research and development includes— 

(A) integrating existing observational networks and data management 

systems for road weather applications; 

(B) improving weather modeling capabilities and forecast tools, such as 

the road surface and atmospheric interface; 

(C) enhancing mechanisms for communicating road weather information 

to users, such as transportation officials and the public; and 

(D) integrating road weather technologies into an information infrastructure. 

(4) ACTIVITIES.— In carrying out this subsection, the Secretary shall— 

(A) enable efficient technology transfer; 

(B) improve education and training of road weather information users, 

such as State and local transportation officials and private sector transportation contractors; and 

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(C) coordinate with transportation weather research programs in other 

modes, such as aviation. 

(5) FUNDING.—In awarding funds under this subsection, the Secretary shall 

give preference to applications with significant matching funds from non-Federal sources. From the amounts authorized to be appropriated under section 

101(b)(1), there shall be available $5,000,000 for carrying out this subsection for 

each of fiscal years 2004 through 2009. 

SEC. 105. TECHNOLOGY DEPLOYMENT. 

(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 503(a) of title 23, United States 

Code, is amended— 

(1) in the subsection heading, by striking ‘‘INITIATIVES AND PARTNERSHIPS’’; 

(2) by striking paragraph (1) and inserting the following: 

‘‘(1) ESTABLISHMENT.—The Secretary shall develop and administer a national 

technology deployment program.’’; 

(3) by striking paragraph (7) and inserting the following: 

‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

‘‘(A) IN GENERAL.—Under the program, the Secretary shall make grants 

to, and enter into cooperative agreements and contracts with, States, other 

Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer concerning innovative materials. 

‘‘(B) APPLICATIONS.—To receive a grant under this subsection, an entity 

described in subparagraph (A) shall submit an application to the Secretary. 

The application shall be in such form and contain such information as the 

Secretary may require. The Secretary shall select and approve the applications based on open competition and peer review, and on whether the 

project that is the subject of the grant serves the purpose of the program 

described in paragraph (2).’’; 

(4) by striking paragraph (8); 

(5) by redesignating paragraph (9) as paragraph (10); and 

(6) by inserting after paragraph (7) the following: 

‘‘(8) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall ensure 

that the information and technology resulting from research and development 

conducted under paragraph (3) is made available to State and local transportation departments and other interested parties as specified by the Secretary. 

‘‘(9) FEDERAL SHARE.—The Federal share of the cost of a project under this 

section shall be determined by the Secretary.’’. 

(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM.— 

(1) IN GENERAL.—Section 503(b) of title 23, United States Code, is amended 

by striking paragraph (1) and inserting: 

‘‘(1) IN GENERAL.—The Secretary shall establish and carry out a program to 

promote, demonstrate, evaluate, and document the application of innovative designs, materials and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.’’. 

(2) GOALS.—Section 503(b) of such title is amended by striking paragraph (2) 

and inserting: 

‘‘(2) GOALS.—The goals of the program shall include— 

‘‘(A) the development of new, cost-effective, innovative highway bridge applications; 

‘‘(B) the development of construction techniques to increase safety and reduce construction time and traffic congestion; 

‘‘(C) the development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and 

structures; 

‘‘(D) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; 

‘‘(E) the development of highway bridges and structures that will withstand natural disasters and terrorist attacks; 

‘‘(F) the documentation and wide dissemination of objective evaluations of 

the performance and benefits of these innovative designs, materials, and 

construction methods; and 

‘‘(G) the effective transfer of resulting information and technology.’’. 

(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.—Section 503 of 

title 23, United States Code, is amended by adding after subsection (b) the following: 

‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.— 

11 

‘‘(1) IN GENERAL.—The Secretary shall establish and implement a program to 

promote, demonstrate, support, and document the application of innovative 

pavement technologies, practices, performance, and benefits. 

‘‘(2) GOALS.—The goals of the innovative pavement research and deployment 

program shall include— 

‘‘(A) the deployment of new, cost-effective innovative designs, materials, 

and practices to extend pavement life and performance and to improve customer satisfaction; 

‘‘(B) the reduction of initial costs and life-cycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; 

‘‘(C) the deployment of accelerated construction techniques, including innovative pavement materials, to increase safety and reduce construction 

time and traffic disruption and congestion; 

‘‘(D) the deployment of engineering design criteria and specifications for 

innovative practices, products, and materials for use in highway pavements; 

‘‘(E) the deployment of new nondestructive and real time pavement evaluation technologies and techniques; 

‘‘(F) evaluation, refinement, and documentation of the performance and 

benefits of innovative technologies deployed to improve life, performance, 

cost effectiveness, safety, and customer satisfaction; 

‘‘(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, safety, and customer satisfaction; and 

‘‘(H) the development of designs and materials to reduce storm water runoff. 

‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

‘‘(A) IN GENERAL.—Under the program, the Secretary shall make grants 

to, and enter into cooperative agreements and contracts with States, other 

Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

‘‘(B) APPLICATIONS.—To receive a grant under this subsection, an entity 

described in subparagraph (A) shall submit an application to the Secretary. 

The application shall be in such form and contain such information as the 

Secretary may require. The Secretary shall select and approve the applications based on open competition and peer review, and on whether the 

project that is the subject of the grant meets the goals of the program described in paragraph (2). 

‘‘(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take 

such action as is necessary to ensure that the information and technology resulting from research conducted under paragraph (3) is made available to State 

and local transportation departments and other interested parties as specified 

by the Secretary.’’. 

(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.—Section 503 of title 23, United 

States Code, as amended by this Act, is further amended by adding the following: 

‘‘(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish and implement a program to 

demonstrate the application of innovative technologies in highway safety. 

‘‘(2) GOALS.—The goals of the program shall include— 

‘‘(A) the deployment and evaluation of safety technologies and innovations 

at state and local levels; and 

‘‘(B) the deployment of best practices in training, management, design, 

and planning. 

‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

‘‘(A) IN GENERAL.—Under the program, the Secretary shall make grants 

to, and enter into cooperative agreements and contracts with States, other 

Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

‘‘(B) APPLICATIONS.—To receive a grant under this subsection, an entity 

described in subparagraph (A) shall submit an application to the Secretary. 

The application shall be in such form and contain such information as the 

Secretary may require. The Secretary shall select and approve the applications based on open competition and peer review, and on whether the 

project that is the subject of the grant meets the goals of the program described in paragraph (2). 

‘‘(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take 

such action as is necessary to ensure that the information and technology reVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
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sulting from research conducted under paragraph (3) is made available to State 

and local transportation departments and other interested parties as specified 

by the Secretary.’’. 

SEC. 106. TRAINING AND EDUCATION. 

(a) NATIONAL HIGHWAY INSTITUTE.—Section 504(a) of title 23, United States Code, 

is amended by striking paragraph (3) and inserting the following: 

‘‘(3) COURSES.— 

‘‘(A) IN GENERAL.—The Institute shall develop or update courses in the 

subject areas of asset management, application of emerging technologies, 

including intelligent transportation systems, techniques, methods, regulations, information technology, general management, environmental stewardship, acquisition of rights-of-way, relocation assistance, engineering, 

safety, transportation system management and operations, construction, 

maintenance, contract administration, inspection, and finance. 

‘‘(B) ADDITIONAL COURSES.—In addition to the courses in the subject matter areas described in subparagraph (A), the Institute, in consultation with 

State transportation departments and the American Association of State 

Highway and Transportation Officials, may develop other courses as it considers necessary. 

‘‘(C) REVISION OF COURSES OFFERED.—The Institute shall periodically— 

‘‘(i) review the course inventory of the Institute; and 

‘‘(ii) revise or cease to offer courses based on course content, applicability, and need.’’. 

(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—Section 504(b) of title 23, United 

States Code, is amended by adding at the end the following: 

‘‘(3) FEDERAL SHARE.— 

‘‘(A) GRANTS.—The grant funds authorized to carry out this subsection 

may be used to cover up to 50 percent of the program costs relating to local 

technical assistance. Funds available for technology transfer and training 

purposes under this title and title 49 may be used to cover the remaining 

50 percent of the program costs. 

‘‘(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Federal share of the 

cost of activities carried out by the tribal technical assistance centers under 

paragraph (2)(D)(ii) of this subsection shall be 100 percent.’’. 

(c) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.—Section 504 of title 23, United States Code, is amended by adding at the 

end the following: 

‘‘(d) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.— 

‘‘(1) FUNDING.—Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(1), (3), and (4) and 144(e) of 

this title for surface transportation workforce development, training and education, including— 

‘‘(A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local 

transportation agencies; 

‘‘(B) employee professional development; 

‘‘(C) student internships; or 

‘‘(D) education outreach activities to develop interest and promote participation in surface transportation careers. 

‘‘(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out 

in accordance with this subsection shall be 100 percent.’’. 

(d) DEFINITIONS AND DECLARATION OF POLICY.—Section 101(a) of title 23, United 

States Code, is amended— 

(1) in paragraph (3), by— 

(A) striking ‘‘and’’ after subparagraph (G); 

(B) striking the period after subparagraph (H) and inserting ‘‘; and’’; and 

(C) adding after subparagraph (H) the following: 

‘‘(I) surface transportation workforce development, training, and education.’’; 

(2) by redesignating paragraphs (34) through (37) as paragraphs (35) through 

(38) respectively; and 

(3) by adding after paragraph (33), as redesignated by this Act, the following: 

‘‘(34) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND

EDUCATION.—The term ‘surface transportation workforce development, training, 

and education’ means activities associated with surface transportation career 

awareness, student transportation career preparation, and training and profesVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
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sional development for surface transportation workers, including activities for 

women and minorities.’’. 

(e) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION EDUCATION PRO- GRAM.—Section 504 of title 23, United States Code, as amended by this section, is 

further amended by adding at the end the following new subsection: 

‘‘(e) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION EDUCATION PRO- GRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of 

students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation. 

‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary shall award grants under this 

subsection on the basis of competitive, peer review. Grants awarded under this 

subsection may be used for enhancing science, technology, engineering, and 

mathematics at the elementary and secondary school level through such means 

as— ‘‘(A) internships that offer students experience in the transportation field; 

‘‘(B) programs that allow students to spend time observing scientists and 

engineers in the transportation field; and 

‘‘(C) developing relevant curriculum that uses examples and problems related to transportation. 

‘‘(3) APPLICATION AND REVIEW PROCEDURES.— ‘‘(A) IN GENERAL.—An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used and a description of how the funds 

will be used to serve the purposes described in paragraph (2). 

‘‘(B) PRIORITY.—In making awards under this subsection, the Secretary 

shall give priority to applicants that will encourage the participation of 

women and minorities. 

‘‘(C) ELIGIBILITY.—Local education agencies and State education agencies, 

which may partner with institutions of higher education, businesses, or 

other entities, shall be eligible to apply for grants under this subsection. 

‘‘(4) DEFINITIONS.—For purposes of this subsection— 

‘‘(A) the term ‘institution of higher education’ has the meaning given that 

term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); 

‘‘(B) the term ‘local educational agency’ has the meaning given that term 

in section 9101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801); and 

‘‘(C) the term ‘State educational agency’ has the meaning given that term 

in section 9101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801). 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro- priated to the Secretary of Transportation to carry out this subsection $500,000 

for fiscal year 2005 and such sums as may be necessary thereafter.’’. 

SEC. 107. BUREAU OF TRANSPORTATION STATISTICS. 

Section 111 of title 49, United States Code, is amended to read as follows: 

‘‘§ 111. Bureau of Transportation Statistics 

‘‘(a) ESTABLISHMENT.—There is established in the Department of Transportation 

a Bureau of Transportation Statistics. 

‘‘(b) DIRECTOR.— 

‘‘(1) APPOINTMENT.—The Bureau shall be headed by a Director who shall be 

appointed by the President, by and with the advice and consent of the Senate. 

‘‘(2) QUALIFICATIONS.—The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of their training and 

experience in the collection, analysis, and use of transportation statistics. 

‘‘(3) REPORTING.—The Director shall report directly to the Secretary. 

‘‘(4) TERM.—The term of the Director shall be 5 years. The Director may continue to serve after the expiration of the term until a successor is appointed and 

confirmed. 

‘‘(c) RESPONSIBILITIES.—The Director of the Bureau shall serve as the Secretary’s 

senior advisor on data and statistics, and shall be responsible for carrying out the 

following duties: 

‘‘(1) PROVIDING DATA, STATISTICS, AND ANALYSIS TO TRANSPORTATION DECISIONMAKERS.—Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, 

14 

State and local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the freight community), 

and the public. 

‘‘(2) COORDINATING COLLECTION OF INFORMATION.—Working with the operating administrations of the Department to establish and implement the Bureau’s data programs and to improve the coordination of information collection 

efforts with other Federal agencies. 

‘‘(3) DATA MODERNIZATION.—Continually improving surveys and data collection methods to improve the accuracy and utility of transportation statistics. 

‘‘(4) ENCOURAGING DATA STANDARDIZATION.—Encouraging the standardization 

of data, data collection methods, and data management and storage technologies for data collected by the Bureau, the operating administrations of the 

Department of Transportation, States, local governments, metropolitan planning organizations, and private sector entities. 

‘‘(5) COMPILING TRANSPORTATION STATISTICS.—Compiling, analyzing, and publishing a comprehensive set of transportation statistics on the performance and 

impacts of the national transportation system, including statistics on— 

‘‘(A) productivity in various parts of the transportation sector; 

‘‘(B) traffic flows for all modes of transportation; 

‘‘(C) other elements of the Intermodal Transportation Database established under subsection (g); 

‘‘(D) travel times and measures of congestion; 

‘‘(E) vehicle weights and other vehicle characteristics; 

‘‘(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode, and goods movement; 

‘‘(G) transportation costs for passenger travel and goods movement; 

‘‘(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire 

passenger travel; 

‘‘(I) frequency of vehicle and transportation facility repairs and other 

interruptions of transportation service; 

‘‘(J) safety and security for travelers, vehicles, and transportation systems; 

‘‘(K) consequences of transportation for the human and natural environment; 

‘‘(L) the extent, connectivity, and condition of the transportation system, 

building on the National Transportation Atlas Database developed under 

subsection (g); and 

‘‘(M) transportation-related variables that influence the domestic economy 

and global competitiveness. 

‘‘(6) NATIONAL SPATIAL DATA INFRASTRUCTURE.—Building and disseminating 

the transportation layer of the National Spatial Data Infrastructure, including 

coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not 

being collected by others. 

‘‘(7) ISSUING GUIDELINES.—Issuing guidelines for the collection of information 

by the Department of Transportation required for statistics to be compiled 

under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis. The Bureau shall 

review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations 

of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such 

Act, and shall carry out such other reviews of the sources and reliability of 

other data collected or statistical information published by the heads of the operating administrations of the Department as shall be requested by the Secretary. 

‘‘(8) MAKING STATISTICS ACCESSIBLE.—Making the statistics published under 

this subsection readily accessible. 

‘‘(d) INFORMATION NEEDS ASSESSMENT.— 

‘‘(1) IN GENERAL.—Within 60 days after the date of the enactment of the Surface Transportation Research and Development Act of 2004, the Secretary shall 

enter into an arrangement with the National Research Council to develop and 

publish a National Transportation Information Needs Assessment. The Assessment shall be transmitted to the Secretary and the Congress not later than 24 

months after such arrangement is entered into. 

‘‘(2) CONTENT.—The Assessment shall— 

‘‘(A) identify, in priority order, transportation data that is not being collected by the Bureau, Department of Transportation operating administraVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
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tions, or other Federal, State, or local entities, but is needed to improve 

transportation decisionmaking at the Federal, State, and local level and to 

fulfill the requirements of subsection (c)(5); 

‘‘(B) recommend whether the data identified in subparagraph (A) should 

be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is a higher priority than 

data currently being collected; 

‘‘(C) identify any data the Bureau or other Federal, State, and local entities is collecting that is not needed; 

‘‘(D) describe new data collection methods (including changes in surveys) 

and other changes the Bureau or other Federal, State, and local entities 

should implement to improve the standardization, accuracy, and utility of 

transportation data and statistics; and 

‘‘(E) estimate the cost of implementing any recommendations. 

‘‘(3) CONSULTATION.—In developing the Assessment, the National Research 

Council shall consult with the Department’s Advisory Council on Transportation 

Statistics and a representative cross-section of transportation community stakeholders as well as other Federal agencies, including the Environmental Protection Agency, the Department of Energy, and the Department of Housing and 

Urban Development. 

‘‘(4) REPORT TO CONGRESS.—Not later than 6 months after the National Research Council transmits the Needs Assessment under paragraph (1), the Secretary shall transmit a report to the Committee on Science and the Committee 

on Transportation and Infrastructure of the House of Representatives, and to 

the Committee on Environment and Public Works of the Senate, that describes— 

‘‘(A) how the Department plans to fill the data gaps identified under 

paragraph (2)(A); 

‘‘(B) how the Department plans to stop collecting data identified under 

paragraph (2)(C); 

‘‘(C) how the Department plans to implement improved data collection 

methods and other changes identified under paragraph (2)(D); 

‘‘(D) the expected costs of implementing subparagraphs (A), (B), and (C) 

of this paragraph; 

‘‘(E) any findings of the Needs Assessment under paragraph (1) with 

which the Secretary disagrees, and why; and 

‘‘(F) any proposed statutory changes needed to implement the findings if 

the Needs Assessment under paragraph (1). 

‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.— 

‘‘(1) IN GENERAL.—In consultation with the Under Secretary for Policy, the 

Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the Director shall establish and maintain a transportation data base for all modes of transportation. 

‘‘(2) USE.—The data base shall be suitable for analyses carried out by the 

Federal Government, the States, and metropolitan planning organizations. 

‘‘(3) CONTENTS.—The data base shall include— 

‘‘(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of 

transportation and intermodal combinations, and by relevant classification; 

‘‘(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of 

transportation (including bicycle and pedestrian modes) and intermodal 

combinations, and by relevant classification; 

‘‘(C) information on the location and connectivity of transportation facilities and services; and 

‘‘(D) a national accounting of expenditures and capital stocks on each 

mode of transportation and intermodal combination. 

‘‘(f) NATIONAL TRANSPORTATION LIBRARY.— 

‘‘(1) IN GENERAL.—The Director shall establish and maintain a National 

Transportation Library, which shall contain a collection of statistical and other 

information needed for transportation decisionmaking at the Federal, State, and 

local levels. 

‘‘(2) ACCESS.—The Director shall facilitate and promote access to the Library, 

with the goal of improving the ability of the transportation community to share 

information and the ability of the Director to make statistics readily accessible 

under subsection (c)(8). 

‘‘(3) COORDINATION.—The Director shall work with other transportation libraries and other transportation information providers, both public and private, 

to achieve the goal specified in paragraph (2). 

16 

‘‘(g) NATIONAL TRANSPORTATION ATLAS DATA BASE.— ‘‘(1) IN GENERAL.—The Director shall develop and maintain geospatial data 

bases that depict— 

‘‘(A) transportation networks; 

‘‘(B) flows of people, goods, vehicles, and craft over the networks; and 

‘‘(C) social, economic, and environmental conditions that affect or are affected by the networks. 

‘‘(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall be able to support 

intermodal network analysis. 

‘‘(h) MANDATORY RESPONSE AUTHORITY FOR FREIGHT DATA COLLECTION.—Whoever, being the owner, official, agent, person in charge, or assistant to the person 

in charge, of any corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee or contractor of the Bureau, to answer completely and correctly to the best of his/her knowledge all questions relating to the 

corporation, company, business, institution, establishment, or other organization, or 

to records or statistics in his/her official custody, contained in a data collection request prepared and submitted as part of the collection of freight data, shall be fined 

not more than $500; and if the individual willfully gives a false answer to a question, shall be fined not more than $10,000. 

‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The Secretary may make grants to, 

or enter into cooperative agreements or contracts with, public and nonprofit private 

entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for— 

‘‘(1) investigation of the subjects specified in subsection (c)(5) and research 

and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis; 

‘‘(2) demonstration programs by States, local governments, and metropolitan 

planning organizations to harmonize data collection, reporting, management, 

storage, and archiving to simplify data comparisons across jurisdictions; 

‘‘(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and 

‘‘(4) development and improvement of methods for sharing geographic data, 

in support of the national transportation atlas data base under subsection (g) 

and the National Spatial Data Infrastructure developed under Executive Order 

No. 12906. 

‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed— 

‘‘(1) to authorize the Bureau to require any other department or agency to collect data; or 

‘‘(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. 

‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.— 

‘‘(1) IN GENERAL.—An officer or employee of the Bureau may not— 

‘‘(A) make any disclosure in which the data provided by an individual or 

organization under subsection (c) can be identified; 

‘‘(B) use the information provided under subsection (c) for a nonstatistical 

purpose; or 

‘‘(C) permit anyone other than an individual authorized by the Director 

to examine any individual report provided under subsection (c). 

‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.— 

‘‘(A) GOVERNMENT AGENCIES.—No department, bureau, agency, officer, or 

employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed 

under subsection (c) with the Bureau or retained by an individual respondent. 

‘‘(B) COURTS.—Any copy of a report described in subparagraph (A) that 

has been retained by an individual respondent or filed with the Bureau or 

any of its employees, contractors, or agents— 

‘‘(i) shall be immune from legal process; and 

‘‘(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other 

judicial or administrative proceeding. 

‘‘(C) APPLICABILITY.—This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably 

inferred by direct or indirect means. 

‘‘(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In a case in which the 

Bureau is authorized by statute to collect data or information for a nonstatisVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
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tical purpose, the Director shall clearly distinguish the collection of the data or 

information, by rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose. 

‘‘(l) TRANSPORTATION STATISTICS ANNUAL REPORT.—The Director shall transmit to 

the President and Congress a Transportation Statistics Annual Report which shall 

include information on items referred to in subsection (c)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, 

and recommendations for improving transportation statistical information. 

‘‘(m) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 

31, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass 

Transit Account) for the purpose of reimbursing the Bureau for the expenses. 

‘‘(n) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.— 

‘‘(1) ESTABLISHMENT.—The Director of the Bureau of Transportation Statistics 

shall establish an Advisory Council on Transportation Statistics. 

‘‘(2) FUNCTION.—It shall be the function of the Advisory Council established 

under this subsection to— 

‘‘(A) advise the Director of the Bureau of Transportation Statistics on the 

quality, reliability, consistency, objectivity, and relevance of transportation 

statistics and analyses collected, supported, or disseminated by the Bureau 

of Transportation Statistics and the Department of Transportation; 

‘‘(B) provide input to and review the report to Congress under subsection 

(d)(4); and 

‘‘(C) advise the Director on methods to encourage harmonization and 

interoperability of transportation data collected by the Bureau, the operating administrations of the Department of Transportation, States, local 

governments, metropolitan planning organizations, and private sector entities. 

‘‘(3) MEMBERSHIP.—The Advisory Council established under this subsection 

shall be composed of not fewer than 15 members appointed by the Director, who 

are not officers or employees of the United States, including— 

‘‘(A) 2 members with specific expertise in economics; 

‘‘(B) 3 members with expertise in statistics; and 

‘‘(C) additional members with expertise in transportation statistics, analysis, or policy. 

Members shall include representatives of a cross-section of transportation community stakeholders. 

‘‘(4) TERMS OF APPOINTMENT.—(A) Except as provided in subparagraph (B), 

members shall be appointed to staggered terms not to exceed 3 years. A member may be renominated for one additional 3-year term. 

‘‘(B) Members serving on the Advisory Council on Transportation Statistics as 

of the date of enactment of the Surface Transportation Research and Development Act of 2004 shall serve until the end of their appointed terms. 

‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act shall apply to the Advisory Council established under this 

subsection, except that section 14 of the Federal Advisory Committee Act shall 

not apply to such Advisory Council.’’. 

SEC. 108. STATE PLANNING AND RESEARCH. 

Section 505 of title 23, United States Code, is amended to read as follows: 

‘‘§ 505. State planning and research 

‘‘(a) IN GENERAL.—Two and a half percent of the sums apportioned to a State for 

fiscal year 2004 and each fiscal year thereafter under section 104 (other than subsections (f) and (h)) and under sections 105 and 144 shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes: 

‘‘(1) Engineering and economic surveys and investigations. 

‘‘(2) The planning of future highway programs and local public transportation 

systems, the planning of the financing of such programs and systems, including 

metropolitan and Statewide planning under sections 134 and 135, freight planning, safety planning, transportation systems management and operations planning, transportation-related land use planning, and transportation-related 

growth management activities within these planning processes, and planning 

capacity building activities. 

‘‘(3) Development and implementation of infrastructure management and traffic monitoring systems, and for asset management. 

18 

‘‘(4) Studies of the economy, safety, and convenience of highway, local public 

transportation, bicycle, and pedestrian systems and the desirable regulation and 

equitable taxation of their use. 

‘‘(5) Research, development, and technology transfer activities necessary in 

connection with the planning, design, construction, management, maintenance, 

regulation, and taxation of the use of highway, local public transportation, and 

intermodal transportation systems, including innovative techniques for ensuring 

representative public input (e.g. deliberative polling). 

‘‘(6) Research on the effects of design standards on intermodal coordination, 

such as the highway-rail interface, and on safe pedestrian access to transit on 

arterial roads and urban highways. 

‘‘(7) Study, research and development, and training on the engineering standards and construction materials, including accreditation of inspection and testing, for highway, local public transportation, bicycle, pedestrian, and intermodal 

transportation systems. 

‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND TECHNOLOGY

TRANSFER ACTIVITIES.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), not less than 25 percent of the 

funds appropriated pursuant to subsection (a) to a State for a fiscal year shall 

be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, 

bicycle, pedestrian, and intermodal transportation systems. 

‘‘(2) WAIVERS.—The Secretary may waive the application of paragraph (1) 

with respect to a State for a fiscal year if the State certifies to the Secretary 

for the fiscal year that the funds described in paragraph (1) are not needed for 

research, development, and technology transfer and the Secretary accepts such 

certification. 

‘‘(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended under paragraph 

(1) shall not be considered to be part of the extramural budget of the agency 

for the purpose of section 9 of the Small Business Act (15 U.S.C. 638). 

‘‘(c) MINIMUM EXPENDITURES FOR IMPROVING THE QUALITY OF COLLECTION AND

REPORTING OF STRATEGIC SURFACE TRANSPORTATION DATA.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), not less than 10 percent of the 

funds appropriated pursuant to subsection (a) for a fiscal year to a State shall 

be expended by the State to improve the collection and reporting of strategic 

surface transportation data to provide critical information about the extent, condition, use, performance, and financing of the Nation’s surface transportation 

system (including intermodal connectors) for passenger and freight movement. 

‘‘(2) WAIVERS.—The Secretary may waive the application of paragraph (1) 

with respect to a State for a fiscal year if the State certifies to the Secretary 

for the fiscal year that the State is collecting and reporting strategic data consistent with quality assurance guidelines developed cooperatively with the 

States and the Secretary approves such certification. 

‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project carried out using 

funds subject to subsection (a) shall be matched in accordance with section 120(b) 

unless the Secretary determines that the interests of the surface transportation program would be best served without such matching.’’. 

SEC. 109. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. 

(a) AMENDMENT.—Chapter 5 of title 23, United States Code, is amended by adding 

at the end the following new section: 

‘‘§ 509. Future Strategic Highway Research Program 

‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and support a 

grant program to be known as the Future Strategic Highway Research Program. 

‘‘(b) PROGRAM.—The program established under this section shall implement the 

Transportation Research Board Special Report 260, entitled ‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life’, which included the following research areas: 

‘‘(1) Accelerating the renewal of America’s highways. 

‘‘(2) Making a significant improvement in highway safety. 

‘‘(3) Providing a highway system with reliable travel times. 

‘‘(4) Providing highway capacity in support of the Nation’s economic, environmental, multi-modal transportation, and social goals. 

‘‘(c) ADMINISTRATION.—The Secretary shall enter into an arrangement with the 

National Research Council to administer the program established under subsection 

(a). 

19 

‘‘(d) PERIOD OF AVAILABILITY.—Funds set aside to carry out this section shall remain available for the fiscal year for which such funds are made available and the 

three succeeding fiscal years. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Secretary of Transportation from the Highway Trust Fund, for each of fiscal 

years 2004 through 2009, $75,000,000 to carry out this section. 

‘‘(f) PROGRAM ADMINISTRATION.—In carrying out the program under this section, 

the Secretary, through the agreement with the National Research Council, shall ensure that the selection of awards shall be based on open competition and peer review, and that a balanced group of stakeholders is represented on all committees 

and panels established to implement the program. Proposals that involve partnerships and include significant matching funds shall be encouraged, although no 

matching funds are required. 

‘‘(g) PROGRAMMATIC EVALUATIONS.—Within 3 years after the first research and development project grants, cooperative agreements, or contracts are awarded under 

this section, the Comptroller General shall review the program under this section, 

and recommend improvements. The review shall assess the degree to which projects 

funded under this section have addressed the research and development topics identified in the Transportation Research Board Special Report 260, including identifying those topics which have not yet been addressed. 

‘‘(h) ANNUAL PROGRESS AND PERFORMANCE REPORT.—The National Research 

Council shall produce an annual progress and performance report for the program 

under this section. The report shall summarize the status, funding, and sponsors 

of all funded projects by the research and development areas specified in subsection 

(b). The report shall be submitted to the Secretary, to the Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives, and to the Committee on Environment and Public Works of the Senate.’’. 

(b) CONFORMING AMENDMENT.—The analysis of chapter 5 of title 23, United 

States Code, is amended by adding at the end the following new item: 

‘‘509. Future strategic highway research program.’’. 

SEC. 110. UNIVERSITY TRANSPORTATION RESEARCH. 

Section 5505 of title 49, United States Code, is amended to read as follows: 

‘‘§ 5505. University transportation research 

‘‘(a) REGIONAL CENTERS.—The Secretary of Transportation shall make grants to 

nonprofit institutions of higher learning to establish and operate 1 university transportation center in each of the 10 United States Government regions that comprise 

the Standard Federal Regional Boundary System. 

‘‘(b) OTHER CENTERS.—The Secretary shall make 16 grants to nonprofit institutions of higher learning, in addition to grants made under subsection (a), to establish and operate university transportation centers. 

‘‘(c) ROLE OF CENTERS.—The role of each center shall be to address transportation 

management and research and development matters, with special attention to increasing the number of highly skilled individuals entering the field of transportation. 

‘‘(d) SELECTION OF GRANT RECIPIENTS.— 

‘‘(1) APPLICATIONS.—In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an 

application that is in such form and contains such information as the Secretary 

may require. 

‘‘(2) SELECTION CRITERIA.—Except as otherwise provided by this section, the 

Secretary shall select each recipient of a grant under this section through an 

open competition, peer-reviewed process on the basis of the following: 

‘‘(A) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and longrange transportation problems. 

‘‘(B) The recipient’s establishment of a surface transportation program by 

the date of the award, which encompasses several modes of transportation. 

‘‘(C) The recipient’s demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program. 

‘‘(D) The strategic plan the recipient proposes to carry out under the 

grant. 

‘‘(e) OBJECTIVES.—The Secretary shall ensure that each university transportation 

center receiving a grant under this section shall conduct the following programs and 

activities: 

‘‘(1) Basic and applied research and development that supports the Department’s research and development agenda consistent with section 508 of title 23. 

20 

‘‘(2) An education program that includes multidisciplinary course work, faculty and student participation in research and development, and an opportunity 

for practical experience. 

‘‘(3) An ongoing program of technology transfer that makes research and development results available to potential users in a form that can be implemented, utilized, or otherwise applied. 

‘‘(f) MAINTENANCE OF EFFORT.—To be eligible to receive a grant under this section, an applicant shall— 

‘‘(1) enter into an agreement with the Secretary to ensure that the applicant 

will maintain total expenditures from all other sources to establish and operate 

a university transportation center and related educational and research and development activities at a level that is at least equal to the average level of those 

expenditures during the 2 fiscal years before the date on which the grant is provided; 

‘‘(2) submit to the Secretary an annual report on the projects and activities 

of the university transportation center for which funds are made available for 

the fiscal year covered by the report, a description of— 

‘‘(A) the educational activities carried out by the center (including a detailed summary of the budget for those educational activities); 

‘‘(B) each research and development project carried out by the center, including— 

‘‘(i) the identity of the principal investigator working on a research 

and development project; and 

‘‘(ii) the overall funding amount for each research and development 

project (including the amounts expended for the project as of the date 

of the report); and 

‘‘(C) overall technology transfer and implementation efforts of the center; 

and 

‘‘(3) make use of National Research Council, Transportation Research Board, 

and Transportation Research Information Services online databases for— 

‘‘(A) program development and strategic planning; 

‘‘(B) reporting of activities funded under this section; and 

‘‘(C) input and dissemination of results and reports from completed research and development. 

‘‘(g) FEDERAL SHARE.—The Federal share of the costs of activities carried out 

using a grant made under subsection (a) is 80 percent of costs, and under subsection 

(b) is 50 percent of costs. The non-Federal share may include funds provided to a 

recipient under section 503, 504(b), or 505 of title 23, United States Code. 

‘‘(h) PROGRAM COORDINATION.— 

‘‘(1) COORDINATION.—The Secretary shall coordinate the research and development, education, training, and technology transfer activities that grant recipients carry out under this section. 

‘‘(2) ANNUAL REVIEW AND EVALUATION.—At least annually and consistent with 

the plan developed by the recipient under subsection (f)(2), the Secretary shall 

review and evaluate programs the grant recipients carry out. 

‘‘(3) FUNDING LIMITATION.—The Secretary may use not more than 1 percent 

of amounts made available from Government sources to carry out this subsection. 

‘‘(i) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out 

this program shall remain available for obligation for a period of 2 years after the 

last day of the fiscal year for which such funds are authorized. 

‘‘(j) TRANSPORTATION EDUCATION DEVELOPMENT PILOT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to make 

grants to institutions of higher education that in partnership with industry or 

State Departments of Transportation will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce. 

‘‘(2) SELECTION OF GRANT RECIPIENTS.—In selecting applications for awards 

under this subsection, the Secretary shall consider— 

‘‘(A) the degree to which the new curricula or education program meets 

the specific needs of a segment of the transportation industry, States, or regions; 

‘‘(B) providing for practical experience and on-the-job training; 

‘‘(C) proposals oriented toward practitioners in the field rather than the 

support and growth of the research community; 

‘‘(D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law; 

21 

‘‘(E) programs or curricula in nontraditional departments which train professionals for work in the transportation field, such as materials, information technology, environmental science, urban planning, and industrial 

technology; and 

‘‘(F) industry or a State’s Department of Transportation commitment to 

the program. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—From amounts authorized under 

section 101(b)(4) of the Surface Transportation Research and Development Act 

of 2004 for carrying out this section, for each of fiscal years 2004, 2005, 2006, 

2007, 2008, and 2009, there shall be available for carrying out this subsection 

$4,500,000. 

‘‘(4) LIMITATIONS.—No individual grant under this subsection shall exceed 

$750,000 per year. After a recipient has received 3 years of Federal funding 

under this subsection, Federal funding may equal no more than 75 percent of 

a grantee’s program costs. 

‘‘(k) NATIONAL TRANSPORTATION SECURITY CENTERS.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish not more than 4 National 

Transportation Security Centers at institutions of higher education to conduct 

research, education, and professional training on all aspects of surface transportation security, with emphasis on utilization of intelligent transportation systems, technologies, and architectures. 

‘‘(2) SELECTION CRITERIA.—The Secretary shall make grants using a competitive peer-reviewed procedure that gives priority to— 

‘‘(A) institutions with a commitment to transportation security issues; 

‘‘(B) proposals that include partnerships with other institutions of higher 

education, federally funded research and development centers, or other nonprofit laboratories; 

‘‘(C) proposals to conduct both practical and theoretical research and technical systems analysis; and 

‘‘(D) proposals to develop professional training programs.’’. 

SEC. 111. INTELLIGENT TRANSPORTATION SYSTEMS. 

(a) AMENDMENT.—Subtitle C of title V of the Transportation Equity Act for the 

21st Century is amended to read as follows: 

‘‘Subtitle C—Intelligent Transportation Systems 

‘‘SEC. 5201. SHORT TITLE. 

‘‘This subtitle may be cited as the ‘Intelligent Transportation Systems Act of 

2004’. 

‘‘SEC. 5202. GOALS AND PURPOSES. 

‘‘(a) GOALS.—The goals of the intelligent transportation system program include— 

‘‘(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services, and to reduce regulatory, financial, and other transaction costs to public agencies and system users; 

‘‘(2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles, with 

particular emphasis on decreasing the number and severity of collisions; 

‘‘(3) protection and enhancement of the natural environment and communities 

affected by surface transportation, with particular emphasis on assisting State 

and local governments to achieve national environmental goals; 

‘‘(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, passenger vehicles, motorcycles, and bicycles, and including pedestrians and individuals with disabilities; 

and 

‘‘(5) improvement of the Nation’s ability to respond to security related or other 

man-made emergencies and natural disasters, and enhancement of national defense mobility. 

‘‘(b) PURPOSES.—The Secretary shall implement activities under the intelligent 

transportation system program to, at a minimum— 

‘‘(1) develop and test emerging technologies to meet the goals described in 

subsection (a); 

‘‘(2) expedite deployment and ensure integration and interoperability of proven intelligent transportation systems; 

22 

‘‘(3) analyze the likelihood of utilization of intelligent transportation system 

technologies by the intended user community; 

‘‘(4) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in 

the transportation planning process; 

‘‘(5) improve regional cooperation and operations planning for effective intelligent transportation system deployment; 

‘‘(6) promote the innovative use of private resources; 

‘‘(7) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and 

‘‘(8) evaluate costs and benefits of intelligent transportation systems projects. 

‘‘SEC. 5203. GENERAL AUTHORITIES AND REQUIREMENTS. 

‘‘(a) SCOPE.—Subject to the provisions of this subtitle, the Secretary shall conduct 

an ongoing intelligent transportation system program to research, develop, and 

operationally test intelligent transportation systems and advance nationwide deployment of proven systems through research on barriers to deployment as a component 

of the surface transportation systems of the United States. 

‘‘(b) POLICY.—Intelligent transportation system research, development, operational 

tests, and deployment projects funded pursuant to this subtitle shall encourage and 

not displace public-private partnerships or private sector investment in such research and development tests and projects. 

‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.— 

The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the United 

States private sector, federally funded research and development centers, and colleges and universities, including historically black colleges and universities and 

other minority institutions of higher education. 

‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out the intelligent 

transportation system program, the Secretary, as appropriate, may consult with the 

Secretary of Commerce, the Secretary of the Treasury, the Secretary of Homeland 

Security, the Administrator of the Environmental Protection Agency, the Director of 

the National Science Foundation, and the heads of other Federal departments and 

agencies. 

‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—The Secretary shall 

provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services. 

‘‘(f) TRANSPORTATION PLANNING.—The Secretary may provide funding to support 

adequate consideration of transportation system management and operations within 

metropolitan and statewide transportation planning processes. 

‘‘(g) INFORMATION CLEARINGHOUSE.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle; and 

‘‘(B) make that information (except for proprietary information and data) 

readily available to all users of the repository. 

‘‘(2) AGREEMENT.— 

‘‘(A) IN GENERAL.—The Secretary may enter into an agreement with a 

third party for the maintenance of the repository for technical and safety 

data under paragraph (1)(A). 

‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary delegates responsibility under subparagraph (A), the entity to which the responsibility is 

delegated shall be eligible for Federal financial assistance under this section. 

‘‘(h) ADVISORY COMMITTEE.— 

‘‘(1) IN GENERAL.—The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this subtitle. 

‘‘(2) MEMBERSHIP.—The Advisory Committee shall have no more than 20 

members, be balanced between metropolitan and rural interests, and include, 

at a minimum— 

‘‘(A) a representative from a State highway department; 

‘‘(B) a representative from a local highway department who is not from 

a metropolitan planning organization; 

‘‘(C) a representative from a State, local, or regional transit agency; 

‘‘(D) a representative from a metropolitan planning organization; 

‘‘(E) a private sector user of intelligent transportation system technologies; 

23 

‘‘(F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, 

and who is not an expert on transportation issues; 

‘‘(G) an academic researcher who is a civil engineer; 

‘‘(H) an academic researcher who is a social scientist with expertise in 

transportation issues; 

‘‘(I) a representative from a not-for-profit group representing the intelligent transportation system industry; 

‘‘(J) a representative from a public interest group concerned with safety; 

‘‘(K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and 

‘‘(L) members with expertise in planning, safety, and operations. 

‘‘(3) DUTIES.—The Advisory Committee shall, at a minimum, perform the following duties: 

‘‘(A) Provide input into the development of the Intelligent Transportation 

System aspects of the strategic plan under section 508 of title 23, United 

States Code. 

‘‘(B) Review, at least annually, areas of intelligent transportation systems 

research being considered for funding by the Department, to determine— 

‘‘(i) whether these activities are likely to advance either the state-ofthe-practice or state-of-the-art in intelligent transportation systems; 

‘‘(ii) whether the intelligent transportation system technologies are 

likely to be deployed by users, and, if not, to determine the barriers to 

deployment; and 

‘‘(iii) the appropriate roles for government and the private sector in 

investing in the research and technologies being considered. 

‘‘(4) REPORT.—Not later than February 1 of each year after the date of enactment of the Surface Transportation Research and Development Act of 2004, the 

Secretary shall transmit to the Committee on Science and the Committee on 

Transportation and Infrastructure of the House of Representatives, and to the 

Committee on Environment and Public Works of the Senate, a report including— 

‘‘(A) all recommendations made by the Advisory Committee during the 

preceding calendar year; 

‘‘(B) an explanation of how the Secretary has implemented those recommendations; and 

‘‘(C) for recommendations not implemented, the reasons for rejecting the 

recommendations. 

‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Advisory 

Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. 

App.). 

‘‘(i) EVALUATIONS.— 

‘‘(1) GUIDELINES AND REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall issue guidelines and requirements 

for the evaluation of operational tests and model deployment projects carried out under this subtitle. 

‘‘(B) CONTENT.—Such evaluations shall include specific, quantitative 

measures to determine whether a technology is meeting its intended goal. 

To the maximum extent practicable, these measures shall evaluate the outcome of the technology (such as accidents avoided or decreased travel times 

or travel time variability). 

‘‘(C) OBJECTIVITY AND INDEPENDENCE.—The guidelines and requirements 

issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent 

conflict of interest or potential influence on the outcome by parties to any 

such test or deployment project or by any other formal evaluation carried 

out under this subtitle. 

‘‘(D) FUNDING.—The guidelines and requirements issued under subparagraph (A) shall establish evaluation funding levels, based on the size and 

scope of each test or project, that ensure adequate evaluation of the results 

of the test or project. 

‘‘(E) DISSEMINATION.—The Secretary shall make readily available through 

the Internet all information collected through evaluations carried out under 

this subsection. 

‘‘(2) SPECIAL RULE.—Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the evaluation of any test, deployment 

project, or program assessment activity under this subtitle shall not be subject 

to chapter 35 of title 44, United States Code. 

24 

‘‘SEC. 5204. USING INFORMATION FROM INTELLIGENT TRANSPORTATION SYSTEMS. 

‘‘(a) REPORT.—The Secretary shall prepare a report assessing the value of current 

and anticipated data collected from intelligent transportation system technologies to 

determine whether and how that data should be used for real-time traffic management, planning, performance monitoring, program assessment, and policy applications. 

‘‘(b) ASSESSMENT.—In preparing the report under subsection (a), the Secretary 

should assess— 

‘‘(1) the extent to which data should be centralized nationally in support of 

national planning and goals, what information should be aggregated regionally, 

and what information should be kept locally; 

‘‘(2) the need for data standards; 

‘‘(3) public and private data sources other than intelligent transportation system data sources (such as roadway characteristics inventories and incident information) that, combined with intelligent transportation system data, would 

enhance the utility of intelligent transportation system data to decisionmakers, 

and how these data sources can be merged; and 

‘‘(4) how to make data accessible to users. 

‘‘(c) CONSULTATION.—In developing the strategy under this section, the Secretary 

shall consult with the Bureau of Transportation Statistics and the advisory committee established under section 5203(h). 

‘‘(d) REPORT TO CONGRESS.—Not later than 2 years after the date of the enactment of this subsection, the Secretary shall transmit to the Committee on Science 

and the Committee on Transportation and Infrastructure of the House of Representatives, and to the Committee on Environment and Public Works of the Senate, the 

report developed under this section. 

‘‘SEC. 5205. NATIONAL ARCHITECTURE AND STANDARDS. 

‘‘(a) IN GENERAL.— 

‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.—Consistent with 

section 12(d) of the National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note; 110 Stat. 783), the Secretary shall develop, implement, and 

maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system 

technology as a component of the surface transportation systems of the United 

States. 

‘‘(2) GOAL.—The goal of the national architecture and standards shall be to 

ensure, whenever it is appropriate, interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the 

United States. 

‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In carrying out this 

section, the Secretary may use the services of such standards development organizations as the Secretary determines to be appropriate. 

‘‘(4) STANDARD VALIDATION.—The Secretary shall ensure that new standards 

promulgated for intelligent transportation system technologies that are funded 

by the Department are tested and validated, whenever it is appropriate, and 

shall ensure that the results of such testing and validation are made publicly 

available. 

‘‘(b) PROVISIONAL STANDARDS.— 

‘‘(1) IN GENERAL.—If the Secretary finds that the development or balloting of 

an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a)(1) and (2), the Secretary may 

establish a provisional standard after consultation with affected parties, and 

using, to the extent practicable, the work product of appropriate standards development organizations. 

‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional standard established under 

paragraph (1) shall be published in the Federal Register and remain in effect 

until the appropriate standards development organization adopts and publishes 

a standard. 

‘‘(c) CONFORMITY WITH NATIONAL ARCHITECTURE.— 

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the Secretary 

shall ensure that intelligent transportation system projects carried out using 

funds made available from the Highway Trust Fund, including funds made 

available to deploy intelligent transportation system technologies, conform to 

the national architecture, applicable standards or provisional standards, and 

protocols developed under subsection (a). 

‘‘(2) SECRETARY’S DISCRETION.—The Secretary may authorize exceptions to 

paragraph (1) for— 

25 

‘‘(A) projects designed to achieve specific research and development objectives outlined in the National ITS Program Plan or the Surface Transportation Research and Development Strategic Plan developed under section 

508 of title 23, United States Code; or 

‘‘(B) the upgrade or expansion of an intelligent transportation system in 

existence on the date of enactment of the Transportation Equity Act for the 

21st Century, if the Secretary determines that the upgrade or expansion— 

‘‘(i) would not adversely affect the goals or purposes of this subtitle; 

‘‘(ii) is carried out before the end of the useful life of such system; 

and 

‘‘(iii) is cost-effective as compared to alternatives that would meet the 

conformity requirement of paragraph (1). 

‘‘(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds used for operation 

or maintenance of an intelligent transportation system in existence on the date 

of enactment of the Transportation Equity Act for the 21st Century. 

‘‘SEC. 5206. RESEARCH AND DEVELOPMENT. 

‘‘(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems, as well as research into barriers to their deployment, and 

other similar activities that are necessary to carry out this subtitle. 

‘‘(b) PRIORITY AREAS.—Under the program, the Secretary shall give higher priority 

to funding projects that— 

‘‘(1) are aimed at reducing congestion and improving mobility and efficiency; 

‘‘(2) are aimed at improving safety; 

‘‘(3) are aimed at improving security by focusing on responding to securityrelated emergencies, and preventing such emergencies; 

‘‘(4) incorporate human factors research, including the science of the driving 

process; 

‘‘(5) develop methods to address nontechnical barriers to the deployment of intelligent transportation system technologies, and the best ways to develop partnerships to successfully deploy intelligent transportation system technologies; 

‘‘(6) facilitate the integration of intelligent infrastructure, vehicle, and control 

technologies; 

‘‘(7) incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of 

cold climates; 

‘‘(8) utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; 

‘‘(9) are aimed at improving the efficiency of goods movement, such as 

through real-time tracking and management; or 

‘‘(10) facilitate high-performance transportation systems, through methods 

such as congestion pricing, real-time facility management, rapid emergency response, and just-in-time transit. 

‘‘(c) OPERATIONAL TESTS.—Operational tests shall be used to evaluate promising 

technologies that have not yet been demonstrated. Operational tests conducted 

under this section shall be designed for the collection of data to permit objective 

evaluation of the results of the tests, derivation of cost-benefit information that is 

useful to others contemplating deployment of similar systems, and development and 

implementation of standards. 

‘‘(d) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. 

‘‘SEC. 5207. USE OF FUNDS. 

‘‘(a) CONGESTION REDUCTION.—At least 1⁄3 of funds made available under section 

5206 for intelligent transportation systems research and development shall be used 

to research, develop, and operationally test technologies whose primary purpose is 

to reduce congestion. 

‘‘(b) OUTREACH AND PUBLIC RELATIONS LIMITATION.— 

‘‘(1) IN GENERAL.—For each fiscal year, not more than $5,000,000 of the funds 

made available to carry out this subtitle shall be used for intelligent transportation system outreach, public relations, displays, scholarships, tours, and brochures. 

‘‘(2) APPLICABILITY.—Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, 

technical guidance, or similar documents. 

‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds made available to carry out this subtitle for operational tests— 

‘‘(1) shall be used primarily for the development of intelligent transportation 

system infrastructure; and 

26 

‘‘(2) to the maximum extent practicable, shall not be used for the construction 

of physical highway and transit infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. 

‘‘SEC. 5208. DEFINITIONS. 

‘‘In this subtitle, the following definitions apply: 

‘‘(1) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The term ‘intelligent 

transportation infrastructure’ means fully integrated public sector intelligent 

transportation system components, as defined by the Secretary. 

‘‘(2) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘intelligent transportation system’ means electronics, communications, or information processing 

used singly or in combination to improve the efficiency or safety of a surface 

transportation system. 

‘‘(3) NATIONAL ARCHITECTURE.—The term ‘national architecture’ means the 

common framework for interoperability adopted by the Secretary that defines— 

‘‘(A) the functions associated with intelligent transportation system user 

services; 

‘‘(B) the physical entities or subsystems within which the functions reside; 

‘‘(C) the data interfaces and information flows between physical subsystems; and 

‘‘(D) the communications requirements associated with the information 

flows. 

‘‘(4) STANDARD.—The term ‘standard’ means a document that— 

‘‘(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, 

guidelines, or definitions of characteristics so as to ensure that materials, 

products, processes, and services are fit for their purposes; and 

‘‘(B) may support the national architecture and promote— 

‘‘(i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems 

of the United States; and 

‘‘(ii) interoperability among intelligent transportation system technologies implemented throughout the States. 

‘‘(5) STATE.—The term ‘State’ has the meaning given the term under section 

101 of title 23, United States Code.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The items relating to subtitle C of title V 

in the table of contents of the Transportation Equity Act for the 21st Century are 

amended to read as follows: 

‘‘Subtitle C—Intelligent Transportation Systems 

‘‘Sec. 5201. Short title. 

‘‘Sec. 5202. Goals and purposes. 

‘‘Sec. 5203. General authorities and requirements. 

‘‘Sec. 5204. Using information from intelligent transportation systems. 

‘‘Sec. 5205. National architecture and standards. 

‘‘Sec. 5206. Research and development. 

‘‘Sec. 5207. Use of funds. 

‘‘Sec. 5208. Definitions.’’. 

TITLE II—MISCELLANEOUS 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

(a) TRANSIT RESEARCH AND DEVELOPMENT.—There are authorized to be appropriated from the Highway Trust Fund to the Secretary of Transportation to carry 

out sections 5312, 5313, 5314, 5315, and 5322 of title 49, United States Code, and 

section 202 of this Act, relating to research and development, such sums as may be 

necessary for each of the fiscal years 2004 through 2009. 

(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—There are authorized to be 

appropriated from the Highway Trust Fund to the Secretary of Transportation to 

carry out section 403 of title 23, United States Code, relating to research and development, such sums as may be necessary for each of the fiscal years 2004 through 

2009. 

(c) MOTOR CARRIER RESEARCH AND DEVELOPMENT.—There are authorized to be 

appropriated from the Highway Trust Fund to the Secretary of Transportation to 

carry out section 31108 of title 49, United States Code, relating to research and development, such sums as may be necessary for each of the fiscal years 2004 through 

2009. 

27 

SEC. 202. INNOVATIVE PRACTICES AND TECHNOLOGIES DEMONSTRATION AND DEPLOYMENT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Transportation shall establish an Innovative Practices and Technologies Demonstration and Deployment Program. 

(b) PROGRAM GOALS.—The goals of the program are to— 

(1) demonstrate promising new transit practices and technologies, including 

new business models for managing and operating transit systems, that may increase ridership, increase accessibility, reduce cost, improve customer satisfaction, and improve safety; 

(2) evaluate, refine, and document the performance, benefits, and costs of innovative transit practices and technologies; and 

(3) effectively disseminate information to accelerate deployment of innovative 

transit practices and technologies. 

(c) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—The Secretary may 

make grants to, or enter into cooperative agreements or contracts with, transit 

agencies, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of demonstration and deployment projects concerning innovative practices and technologies. 

(d) APPLICATIONS.—To receive a grant, cooperative agreement, or contract under 

this section, an entity described in subsection (c) shall submit an application to the 

Secretary. The application shall be in such form and contain such information as 

the Secretary may require. The Secretary shall select and approve the applications 

through an open competition based on the following criteria: 

(1) Whether the project meets the goals of the program. 

(2) Peer review of the proposal. 

(3) The likelihood that the project will result in more widespread deployment 

of the practice or technology being proposed. 

(4) Preference shall be given to an application that represents a public-private 

partnership. 

(e) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall ensure that 

information about innovative practices and technologies supported under this section is made available to transit agencies, State and local transportation departments, and other interested parties. Information disseminated under this subsection 

shall include both the costs and benefits of deploying an innovative practice or technology, and shall document— 

(1) best practices for adopting successful practices or technologies; and 

(2) the transferability of these practices and technologies. 

(f) FEDERAL SHARE.—The Federal share of the cost of a project under this section 

shall be determined by the Secretary. 

SEC. 203. NATIONAL TRANSIT INSTITUTE. 

Section 5315 of title 49, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘public mass transportation’’ and inserting ‘‘public transportation’’; 

(B) by striking ‘‘mass’’ after ‘‘Government-aid’’ and inserting ‘‘public’’; and 

(C) in paragraphs (1), (6), (7), and (10) by striking ‘‘mass’’ each place it 

appears before ‘‘transportation’’ and inserting ‘‘public’’; and 

(2) in subsection (d) by striking ‘‘mass’’ each place it appears. 

SEC. 204. HUMAN RESOURCE PROGRAMS. 

(a) IN GENERAL.—Section 5322 of title 49, United States Code, is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before the beginning of the first sentence 

of the section; and 

(2) by adding the following at the end: 

‘‘(b) GRANTS TO HIGHER LEARNING INSTITUTIONS.— 

‘‘(1) The Secretary (or the Secretary of Housing and Urban Development when 

required by section 5334(i) of this title) may make grants to nonprofit institutions of higher learning— 

‘‘(A) to conduct competent research and development and investigations 

into the theoretical or practical problems of urban transportation; and 

‘‘(B) to train individuals to conduct further research and development or 

obtain employment in an organization that plans, builds, operates, or manages an urban transportation system. 

‘‘(2) Research and investigations under this subsection include— 

‘‘(A) the design and use of urban public transportation systems and urban 

roads and highways; 

‘‘(B) the interrelationship between various modes of urban and interurban 

transportation; 

‘‘(C) the role of transportation planning in overall urban planning; 

28 

‘‘(D) public preferences in transportation; 

‘‘(E) the economic allocation of transportation resources; and 

‘‘(F) the legal, financial, engineering, and esthetic aspects of urban transportation. 

‘‘(3) When making a grant under this subsection, the Secretary shall give 

preference to an institution that brings together knowledge and expertise in the 

various social science and technical disciplines related to urban transportation 

problems. 

‘‘(c) FELLOWSHIPS.— 

‘‘(1) The Secretary may make grants to States, local governmental authorities, 

and operators of public transportation systems to provide fellowships to train 

personnel employed in managerial, technical, and professional positions in the 

mass transportation field. 

‘‘(2) A fellowship under this subsection may be for not more than one year 

of training in an institution that offers a program applicable to the public transportation industry. The recipient of the grant shall select an individual on the 

basis of demonstrated ability and for the contribution the individual reasonably 

can be expected to make to an efficient public transportation operation. A grant 

for a fellowship may not be more than the lesser of $65,000 or 75 percent of— 

‘‘(A) tuition and other charges to the fellowship recipient; 

‘‘(B) additional costs incurred by the training institution and billed to the 

grant recipient; and 

‘‘(C) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant 

recipient. 

‘‘(d) OTHER GRANTS.—The Secretary may make grants to State and local governmental authorities for projects that will use innovative techniques and methods in 

managing and providing public transportation.’’. 

SEC. 205. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 

Section 403(a) (Authority of the Secretary) of title 23, United States Code, is 

amended by adding the following paragraphs at the end: 

‘‘(4) EMERGENCY MEDICAL SERVICES.—In addition to the authority provided 

under this subsection, the Secretary is authorized to use funds appropriated to 

carry out this section to enhance coordination among Federal agencies involved 

with State, local, tribal, and community-based emergency medical services. In 

exercising this authority, the Secretary may coordinate with State and local 

governments, the Bureau of Indian Affairs on behalf of Indian tribes, private 

industry, and other interested parties; collect and exchange emergency medical 

services data and information; examine emergency medical services needs, best 

practices, and related technology; and develop emergency medical services 

standards and guidelines, and plans for the assessment of emergency medical 

services systems. 

‘‘(5) INTERNATIONAL COOPERATION.—In addition to the authority provided 

under this subsection, the Secretary is authorized to use funds appropriated to 

carry out this section to participate and cooperate in international activities to 

enhance highway safety by such means as exchanging safety information; conducting safety research and development; and examining safety needs, best 

practices, and new technology. 

‘‘(6) NATIONAL MOTOR VEHICLE CRASH CAUSATION SURVEY.—In addition to the 

authority provided under this subsection, the Secretary is authorized to use 

funds appropriated to carry out this section to develop and conduct a nationally 

representative survey to collect on-scene motor vehicle crash causation data.’’. 

SEC. 206. MOTOR CARRIER RESEARCH AND DEVELOPMENT PROGRAM. 

(a) IN GENERAL.—Title 49, United States Code, is amended by repealing section 

31108 and inserting the following new section, to read as follows: 

‘‘§ 31108. Motor carrier research and development program 

‘‘(a) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.— 

‘‘(1) The Secretary of Transportation shall establish and carry out a motor 

carrier research and development program. The Secretary may carry out research, development, technology, and technology transfer activities with respect 

to— 

‘‘(A) the causes of accidents, injuries and fatalities involving commercial 

motor vehicles; and 

‘‘(B) means of reducing the number and severity of accidents, injuries and 

fatalities involving commercial motor vehicles. 

29 

‘‘(2) The Secretary may test, develop, or assist in testing and developing any 

material, invention, patented article, or process related to the research and development program. 

‘‘(3) The Secretary may use the funds appropriated to carry out this section 

for training or education of commercial motor vehicle safety personnel, including, but not limited to, training in accident reconstruction and detection of controlled substances or other contraband, and stolen cargo or vehicles. 

‘‘(4) The Secretary may carry out this section— 

‘‘(A) independently; 

‘‘(B) in cooperation with other Federal departments, agencies, and instrumentalities and federally funded research and development centers; or 

‘‘(C) by making grants to, or entering into contracts or cooperative agreements with, any federally funded research and development center, State 

agency, authority, association, institution, for-profit or non-profit corporation, organization, foreign country, or person. 

‘‘(5) The Secretary shall use funds made available to carry out this section to 

develop, administer, communicate, and promote the use of products of research, 

technology, and technology transfer programs under this section. 

‘‘(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

‘‘(1) To advance innovative solutions to problems involving commercial motor 

vehicle and motor carrier safety, security, and efficiency, and to stimulate the 

deployment of emerging technology, the Secretary may carry out, on a costshared basis, collaborative research and development with— 

‘‘(A) non-Federal entities, including State and local governments, foreign 

governments, colleges and universities, corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under 

the laws of any State; and 

‘‘(B) federally funded research and development centers. 

‘‘(2) In carrying out this subsection, the Secretary may enter into cooperative 

research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)). 

‘‘(3)(A) The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection 

shall not exceed 50 percent, except that if there is substantial public interest 

or benefit, the Secretary may approve a greater Federal share. 

‘‘(B) All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software development costs, shall be credited 

toward the non-Federal share of the cost of the activities described in subparagraph (A). 

‘‘(4) The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting 

royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 

‘‘(5) Section 3705 of title 41, United States Code, shall not apply to a contract 

or agreement entered into under this section.’’. 

(b) CONFORMING AMENDMENT.—The table of sections at the beginning of chapter 

311 of title 49, United States Code, is amended by revising the item relating to section 31108 to read as follows: 

‘‘31108. Motor carrier research and development program.’’. 

SEC. 207. TRANSPORTATION, ENERGY, AND ENVIRONMENT. 

(a) IN GENERAL.—As part of the National Climate Change Technology Initiative 

and the Climate Change Research Initiative, the Secretary shall establish and carry 

out a multimodal energy and climate change program to study the relationship of 

transportation, energy, and climate change. 

(b) CONTENTS.—The program to be carried out under this section shall include, 

but not be limited to, research and development designed to— 

(1) identify, develop and evaluate strategies to improve energy efficiency and 

reduce greenhouse gas emissions from transportation sources; and 

(2) identify and evaluate the potential effects of climate changes on the Nation’s transportation systems, and strategies to address these effects. 

(c) PROJECT SELECTION.—Activities to be undertaken in this program will be determined by an internal steering committee established by the Secretary of Transportation. This intermodal committee shall include representatives from the Office 

of the Secretary and operating administrations within the Department of Transportation as designated by the Secretary. 

(d) GRANTS, COOPERATIVE AGREEMENTS AND CONTRACTS.—The Secretary may 

carry out this program independently or by making grants to, or entering into conVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
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tracts and cooperative agreements with, a Federal agency, State agency, local agency, authority, association, nonprofit or for-profit corporation, or institution of higher 

education. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section, from the Highway Trust Fund and the Airport and Airway 

Trust Fund, such sums as may be necessary for each of fiscal years 2004 through 

2009. 

SEC. 208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH AND DEVELOPMENT PROGRAM. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, is amended by adding 

at the end the following: 

‘‘§ 510. National cooperative freight transportation research and development program 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and support a national cooperative freight transportation research and development program. The program 

shall focus on all forms of freight transportation, including trucking and rail. 

‘‘(b) AGREEMENT.—The Secretary shall enter into an arrangement with the National Research Council to support and carry out administrative and management 

activities relating to the governance of the national cooperative freight transportation research and development program. 

‘‘(c) ADVISORY COMMITTEE.—The National Research Council shall select an advisory committee consisting of a representative cross-section of freight stakeholders, 

including the Department of Transportation, other Federal agencies, State transportation departments, local governments, the American Association of State Highway 

and Transportation Officials and other nonprofit entities (including environmental 

groups), academia, and the private sector. 

‘‘(d) GOVERNANCE.—The national cooperative freight transportation research and 

development program established under this section shall include the following administrative and management elements: 

‘‘(1) NATIONAL RESEARCH AND DEVELOPMENT AGENDA.—The advisory committee, in consultation with stakeholders, shall recommend a national research 

and development agenda for the national cooperative freight transportation research and development program. The national research and development agenda shall include a multi-year strategic plan. 

‘‘(2) STAKEHOLDER INVOLVEMENT.—Stakeholders may— 

‘‘(A) submit research and development proposals to the advisory committee; 

‘‘(B) participate in merit reviews of research and development proposals 

and peer reviews of research and development products; and 

‘‘(C) receive research and development results. 

‘‘(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH AND DEVELOPMENT

PROPOSALS.—The National Research Council shall award research and development contracts and grants through open competition and peer review conducted 

on a regular basis. 

‘‘(4) EVALUATION OF RESEARCH.— 

‘‘(A) PEER REVIEW.—Research and development contracts and grants shall 

allow peer review of the research and development results. 

‘‘(B) PROGRAMMATIC EVALUATIONS.—The National Research Council may 

conduct periodic programmatic evaluations on a regular basis. 

‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—The National Research Council 

shall disseminate research and development findings to researchers, practitioners, and decisionmakers. 

‘‘(e) CONTENTS.—The national research and development agenda for the national 

cooperative freight transportation research and development program required 

under subsection (d)(1) may include research and development in the following 

areas: 

‘‘(1) Techniques for estimating and quantifying public benefits derived from 

freight transportation projects. 

‘‘(2) Alternative approaches to calculating the contribution of truck traffic to 

congestion on specific highway segments. 

‘‘(3) The feasibility of freight villages as a means of consolidating origins and 

destinations for freight movement. 

‘‘(4) Methods for incorporating estimates of international trade into landside 

transportation planning. 

‘‘(5) The use of technology applications to increase capacity of highway lanes 

dedicated to truck-only traffic. 

‘‘(6) Development of physical and policy alternatives for separating car and 

truck traffic. 

31 

‘‘(7) Ways to synchronize infrastructure improvements with freight transportation demand. 

‘‘(8) Additional priorities to identify and address the emerging and future research and development needs related to freight transportation. 

‘‘(f) FUNDING.— 

‘‘(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

using such funds shall be up to 100 percent, and such funds shall remain available until expended. 

‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds authorized for 

this section, the National Research Council may seek and accept additional 

funding sources from public and private entities capable of accepting funding 

from the United States Department of Transportation (Federal Highway Administration, Federal Transit Administration, Federal Railroad Administration, Research and Special Programs Administration, and the National Highway Traffic 

Safety Administration), states, local governments, nonprofit foundations, and 

the private sector.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of title 23, United 

States Code, is amended by adding at the end the following new item: 

‘‘510. National cooperative freight transportation research and development program.’’. 

SEC. 209. NEXT GENERATION NATIONAL TRANSPORTATION POLICY STUDY COMMISSION. 

(a) ESTABLISHMENT OF COMMISSION.—(1) The President shall established a Commission to be known as the Next Generation National Transportation Policy Study 

Commission, in this section referred to as the ‘‘Commission’’. 

(2) The Commission shall make a full and complete investigation and study of the 

transportation needs and of the resources, requirements, and policies of the United 

States to meet such expected needs. It shall take into consideration all reports on 

national transportation policy which have been submitted to Congress in the last 

decade, including all reports referenced in the Intermodal Surface Transportation 

Efficiency Act of 1991 and the Transportation Equity Act for the 21st Century. It 

shall also take into consideration the changes in global trade and its impact on the 

Nation’s economy. It shall evaluate the relative merits of all modes of transportation 

in meeting our Nation’s transportation needs. It shall take into account the link between transportation and the natural environment. Based on such study, it shall 

recommend changes to existing policies and any new policies that are most likely 

to ensure that adequate multimodal transportation systems are in place which will 

meet the needs for a safe and efficient movement of people and goods and also support and grow the national economy. 

(b) MEMBERSHIP.—The Commission shall be comprised of 16 members appointed 

by the President from among individuals who are knowledgeable in transportation 

activities, including individuals representing State and local governments, metropolitan planning organizations, transportation-related industries, academic and 

technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental transportation activities. The membership of 

the Commission shall be balanced geographically to the extent consistent with 

maintaining the highest level of expertise on the Commission. Members shall be appointed for the life of the Commission as follows: 

(1) 4 shall be appointed from a list of 8 individuals who shall be recommended 

by the majority leader of the Senate in consultation with the Chairman of the 

Committee on Environment and Public Works, and the Chairman of the Committee on Commerce, Science and Transportation, and the Chairman of the 

Committee on Banking, Housing and Urban Affairs of the Senate. 

(2) 4 shall be appointed from a list of 8 individuals who shall be recommended 

by the minority leader of the Senate in consultation with the ranking member 

of the Committee on Environment and Public Works, the ranking member of 

the Committee on Commerce, Science and Transportation, and the ranking 

member of the Committee on Banking, Housing and Urban Affairs of the Senate. 

(3) 4 shall be appointed from a list of 8 individuals who shall be recommended 

by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Transportation and Infrastructure, the Chairman of 

the Committee on Energy and Commerce, and the Chairman of the Committee 

on Science of the House of Representatives. 

(4) 4 shall be appointed from a list of 8 individuals who shall be recommended 

by the minority leader of the House of Representatives in consultation with the 

ranking member of the Committee on Transportation and Infrastructure, the 

ranking member of the Committee on Energy and Commerce, and the ranking 

member of the Committee on Science of the House of Representatives. 

32 

(5) Any vacancy which may occur on the Commission shall not affect its powers or functions but shall be filled in the same manner in which the original 

appointment was made. 

(c) FINAL REPORT.—The Commission shall not later than December 31, 2005, submit to the President and Congress its final report including its findings and recommendations. The Commission shall cease to exist six months after submission of 

such report. All records and papers of the Commission shall thereupon be delivered 

to the Archivist of the United States for deposit in the Archives of the United 

States. 

(d) FINDINGS AND RECOMMENDATIONS.—The final report shall include the Commission’s findings and recommendations with respect to the following: 

(1) The Nation’s transportation needs, both national and regional, through the 

year 2025. 

(2) The ability of our current transportation systems to meet the projected 

needs. 

(3) The proper mix of transportation modes and necessary linkages between 

modes to meet anticipated needs. 

(4) Necessary measures and policies to ensure enhancement and protection of 

the natural environment in transportation decisionmaking. 

(5) Short-term, medium-term, and long-term research, development, and deployment to meet expected needs. 

(6) The roles of the public and private sectors relative to each mode and the 

balance between public and private investment. 

(7) The existing policies and programs of the Federal Government which affect the development of our national transportation system. 

(8) The new policies required to develop a balanced national transportation 

system which meets projected needs, accommodates international trade and 

supports the national economy. 

(9) The adequacy of existing methods to finance transportation and alternative new methods of financing. 

(e) SPECIFIC FACTORS TO CONSIDER.—In developing its findings and recommendations, the Commission shall address the following specific factors: 

(1) The role of transportation as a critical link to the global economy and 

trade. 

(2) A balance between the transportation of people and goods. 

(3) Improving operations and management of the transportation system to improve efficiency, including asset and information management. 

(4) The need to address aging infrastructure. 

(5) The need to address the enhancement and protection of the natural environment. 

(6) The need to address congestion in all modes. 

(7) The need to improve environmental decisionmaking. 

(8) A balance between the demand for transportation reliability with new 

threats to security. 

(9) Ways to eliminate barriers to transportation investment created by the 

current modal structure of transportation funding. 

(10) Existing barriers to private investment in transportation facilities including tax inequities between modes. 

(11) The adequacy of the Federal transportation trust funds to finance future 

transportation needs. 

(12) Appropriate measures of transportation need. 

(13) The adequacy of integration among Federal programs affecting transportation. 

(14) The relationship between land use and transportation infrastructure investment. 

(15) The role that transportation plays in promoting economic growth, improving the environment and sustaining the quality of life. 

(f) RECOMMENDATIONS ON THE ROLES OF GOVERNMENT.—The Commission shall 

also make recommendations on the roles of the Federal and State governments in— 

(1) environmental review of transportation projects; 

(2) the provision of intercity passenger rail services; 

(3) financing transportation at international border crossings; 

(4) facilitating international goods movement to, from and within the United 

States; 

(5) ensuring consistency in data and communications links for and between 

all modes; 

(6) financing for each mode of transportation; and 

(7) effectively using transportation networks to enhance the quality of life, 

protect natural resources and promote sustainable economic growth. 

33 

(g) PARTICIPATION IN COMMISSION ACTIVITIES.— 

(1) PARTICIPATION OF FEDERAL AGENCIES.—The Chairman of the Commission 

shall request the head of each Federal department or agency with an interest 

in or a responsibility for national transportation policy to appoint a liaison who 

shall work closely with the Committee and its staff. Such departments and 

agencies shall include, but not be limited to, the Department of Transportation, 

and each of its modal administrations, Office of Management and Budget, Department of Energy, Department of Homeland Security, Environmental Protection Agency, Department of Health and Human Services, Department of Commerce, Department of the Treasury, Department of Defense, Department of Agriculture, National Transportation Safety Board, Surface Transportation Board, 

and Army Corps of Engineers. 

(2) ADVICE FROM PUBLIC AND PRIVATE ORGANIZATIONS.—In carrying out its duties, the Commission shall seek the advice of various groups interested in national transportation policy including State and local governments, public and 

private organizations in the fields of transportation and safety, business, education, environment and labor, and the public. 

(h) HEARINGS.—The Commission or, on the authorization of the Commission, any 

Committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings at such times and places as the Commission 

or such authorized committee may deem advisable. 

(i) COMPENSATION.—Members of Congress or other governmental employees shall 

serve without compensation, but shall be reimbursed for travel, per diem in accordance of the rules of the House of Representatives and Senate, accordingly, or subsistence and other necessary expenses incurred in the performance of the duties 

vested in the Commission. 

(j) COMMISSION STAFF.—The Commission is authorized to appoint and fix the compensation of a staff director and such additional personnel as may be necessary to 

enable it to carry out its functions. 

(k) CONTRACTS.—The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to 

this section to carry out such of its duties as the Commission determines can best 

be carried our in the that manner. 

(l) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated from the Highway Trust Fund to carry out this section such sums as may 

be necessary for each of fiscal years 2004 and 2005. 

(2) Funds authorized by this subsection shall remain available until expended. 

SEC. 210. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM. 

(a) GOALS AND PURPOSES.— 

(1) GOALS.—The goals of the real-time system management information program are to provide the nationwide capability to monitor, in real-time, the traffic and travel conditions of our Nation’s major highways and to widely share 

that information to improve the security of the surface transportation system, 

address congestion problems, support improved response to weather events, and 

facilitate national and regional traveler information. 

(2) PURPOSES.—The purposes of the real-time system management information program are to— 

(A) establish a nationwide system of basic real-time information for managing and operating our surface transportation system; 

(B) identify longer range real-time highway and transit monitoring needs 

and develop plans and strategies for meeting those needs; and 

(C) provide the capability and means to share that data with state and 

local governments, and the traveling public. 

(b) DATA EXCHANGE FORMATS.—Within one year of enactment of this Act, the Secretary shall establish data exchange formats to ensure that the data provided by 

highway and transit monitoring systems, including statewide incident reporting systems can readily be exchanged across jurisdictional boundaries, facilitating nationwide availability of information. 

(c) STATEWIDE INCIDENT REPORTING SYSTEM.—Within 2 years of enactment of this 

legislation, each State shall establish a statewide incident reporting system. 

(d) REGIONAL INTELLIGENT TRANSPORTATION SYSTEM ARCHITECTURE.— 

(1) As State and local governments develop or update their regional ITS architectures, as specified in section 940.9 of title 23, Code of Federal Regulations 

(Regional ITS Architecture), they shall explicitly address their real-time highway and transit information needs and the systems needed to meet those needs. 

This specific incorporation of information needs should address coverage, moniVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
34 

toring systems, data fusion and archiving, and methods of exchanging or sharing this information. 

(2) States are encouraged to incorporate the data exchange formats developed 

by the Secretary to ensure that the data provided by highway and transit monitoring systems can readily be exchanged across state and local governments, 

and with the traveling public. 

(e) DEFINITION.—In this section, the term ‘‘statewide incident reporting system’’ 

means a statewide system for facilitating the real-time electronic reporting of incidents to a central location for use in monitoring the event, providing accurate traveler information, and responding to the incident as appropriate. 

(f) ELIGIBILITY.—Subject to approval by the Secretary, a State may obligate funds 

apportioned to it under sections 104(b)(1) and (3) and 505 of title 23, United States 

Code, for activities relating to the planning of real-time monitoring elements. 

SEC. 211. PLANNING CAPACITY BUILDING INITIATIVE. 

Section 104 of title 23, United States Code, is amended by inserting after subsection (l) the following: 

‘‘(m) PLANNING CAPACITY BUILDING INITIATIVE.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a planning capacity building 

initiative to support enhancements in transportation planning, in order to— 

‘‘(A) strengthen metropolitan and statewide transportation planning 

under sections 134 and 135, and under sections 5303 through 5305 of title 

49; 

‘‘(B) enhance tribal capacity to conduct joint transportation planning 

under chapter 2 of this title; and 

‘‘(C) participate in the metropolitan and statewide transportation planning programs under chapter 52 of title 49. 

‘‘(2) PRIORITY.—The Secretary shall give priority to planning practices and 

processes that support homeland security planning, performance based planning, safety planning, operations planning, freight planning, and integration of 

environment and planning. 

‘‘(3) USE OF FUNDS.—Funds authorized for this program may be used for research, program development, information collection and dissemination, and 

technical assistance. The Secretary may use these funds independently or make 

grants to, or enter into contracts and cooperative agreements with, a Federal 

agency, State agency, local agency, federally recognized Indian tribal government or tribal consortium, authority, association, nonprofit or for-profit corporation, or institution of higher education, to carry out the purposes of this subsection. 

‘‘(4) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

using such funds shall be up to 100 percent, and such funds shall remain available until expended. 

‘‘(5) ADMINISTRATION.—This initiative shall be administered by the Federal 

Highway Administration in cooperation with the Federal Transit Administration. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund such sums as may be necessary to carry 

out this section for each of fiscal years 2004 through 2009.’’. 

II. PURPOSE OF THE BILL

The purpose of the bill is to authorize appropriations to the Department of Transportation for surface transportation research and 

development. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

The U.S. transportation system faces tremendous challenges. 

Tens of thousands of lives are lost each year on the Nation’s highways. More drivers are driving more miles, causing severe congestion. An aging infrastructure is putting a strain on State and local 

transportation budgets. Constructing and using transportation infrastructure can damage air and water quality and strain natural 

resources. Changing patterns of where people live and work demand an innovative response to ensure that we meet future needs 

and limit environmental impacts. 

35 

Fundamental improvements to the entire transportation system 

depend on solid research. Research on pavements can lead to materials that are more durable and last significantly longer than current materials. Research on operations can lead to the design of 

better road configurations to avoid dangerous intersections or highway merges. Research on information technologies, specifically Intelligent Transportation Systems (ITS), can lead to the development of technologies to manage the transportation system in real 

time, making it possible to respond to incidents and alter traffic 

signals instantaneously. Research on the linkages between transportation and the environment can help discover ways to increase 

mobility while minimizing the impact on the environment and 

human health. Finally, research in the social sciences, such as on 

transportation trends, is vital to planners who must make informed 

decisions to ensure that we meet future transportation needs. 

Since passage of the Intermodal Surface Transportation Efficiency Act (ISTEA) in 1991 (P.L. 102–240), research and development (R&D) has had a prominent place in the surface transportation authorization bill. Both ISTEA and the subsequent Transportation Equity Act for the 21st Century (TEA–21), which was 

passed in 1998 (P.L. 105–178), contained significant funding for 

surface transportation research and development. The Science 

Committee has jurisdiction over surface transportation R&D, and 

in the 105th Congress the Science Committee reported out the Surface Transportation Research and Development Act, H.R. 860. This 

year, in the 108th Congress, the Science Committee passed H.R. 

3551, intended to be a blue print for surface transportation R&D 

in the larger authorization bill, H.R. 3550, the Transportation Equity Act: A Legacy for Users (TEA–LU). 

Over the six-year life of TEA–21 (1998–2003), the Federal gov- ernment invested approximately $2.9 billion (or about $500 million 

per year) in surface transportation R&D (primarily highway R&D) 

under Title V. The funding for these activities came from gas tax 

receipts deposited in the Highway Trust Fund. Although this is a 

significant R&D investment, the Federal transportation R&D investment under TEA–21 represented less than 1 percent of Federal 

spending on surface transportation. Many experts see this level of 

investment as too low. By comparison, the Federal government invests approximately 10 percent of total health care spending on 

R&D. While Congress increased funding for overall transportation 

programs by about 40 percent in TEA–21, funding for transportation R&D remained relatively flat. 

In addition, transportation R&D is highly decentralized, with the 

Federal government, States, universities, the National Academy of 

Sciences, and the private sector each playing an important role. In 

TEA–21, Congress further decentralized R&D by increasing the 

proportion of R&D funds that went directly to States, while decreasing the Federal share of R&D dollars. This decentralization, 

coupled with inadequate investment, has created significant gaps 

in the R&D agenda. 

H.R. 3551 takes specific steps to increase surface transportation 

research spending, tie research spending to overall transportation 

spending, and fill many critical gaps. These gaps include environmental R&D, long-term fundamental research, policy research (addressing such things as changing demographic, economic and social 

36 

trends), performance measurement and evaluation R&D, and research addressing institutional barriers to deployment (particularly 

for ITS technologies). 

H.R. 3551 authorizes programs to fill these gaps. These include: 

authorizing the Surface Transportation Environment Cooperative 

Research Program (STECRP) and ensuring that the program carries out the agenda developed by the Transportation Research 

Board; authorizing the Future Strategic Highway Research Program (also laid out in a report by the Transportation Research 

Board) to address renewal, safety, reliability and capacity; authorizing greater funding for exploratory advanced research; authorizing a trends research program to look at the impact of changing 

demographics and a changing economy on the surface transportation system; and authorizing research into the institutional barriers to the deployment of intelligent transportation systems. 

H.R. 3551 also strives to ensure the highest quality research by 

requiring that all research and development grants, contracts and 

cooperative agreements be peer reviewed and awarded on a competitive basis. It also requires that all research and development 

activities include a component of performance evaluation to ensure 

that our dollars are well spent. Finally, H.R. 3551 strengthens the 

strategic planning requirements to ensure that research is focused 

on helping to achieve the overall goals of the surface transportation 

system, such as reducing congestion and increasing safety. 

IV. SUMMARY OF HEARINGS

On April 10, 2003, the Subcommittee on Environment, Technology, and Standards of the House Science Committee held a 

hearing on research and development priorities for the reauthorization of the Transportation Equity Act for the 21st Century. The 

hearing examined the state of current R&D programs, how well 

they are meeting the goals laid out in TEA–21, and significant gaps 

in the R&D programs. In addition, the hearing investigated how 

the Department of Transportation (DOT) could improve the quality 

of the R&D it funds and measure the success of individual R&D 

projects, R&D programs, and the transportation system as a whole. 

The Committee heard testimony from: (1) Mr. Emil Frankel, Assistant Secretary for Transportation Policy, U.S. Department of 

Transportation; (2) Mr. Eric Harm, Deputy Director, Division of 

Highways, Illinois Department of Transportation; (3) Dr. Michael 

Walton, Ernest H. Cockrell Centennial Chair, University of Texas 

at Austin Department of Civil Engineering; (4) Ms. Kate Siggerud, 

Acting Director, Physical Infrastructure Team, General Accounting 

Office; (5) Ms. Anne Canby, President, Surface Transportation Policy Project and (6) Dr. Michael Meyer, Professor, Georgia Institute 

of Technology School of Civil and Environmental Engineering. 

Mr. Frankel opened the hearing with a summary of the achievements of the Department of Transportation’s R&D programs under 

the Intermodal Surface Transportation Efficiency Act (ISTEA) and 

TEA–21, including Intelligent Transportation Systems (ITS), pavement improvements and safety-related behavioral research. He 

stated that the development of new technologies is a key to developing a safer, simpler, smarter transportation system and alleviating many of the problems facing the transportation system. He 

stated that while most of DOT’s R&D is short-term, it is important 

37 

to use some of today’s scarce resources to search for long-term solutions. 

Mr. Harm began by discussing the enormous challenges that the 

State of Illinois faces in its transportation system. Illinois will have 

to figure out how to move more people and more freight on aging 

facilities that are already near or at capacity, while taking into account environmental, social, and economic impacts. He said that 

only with a strong Federal R&D program can Illinois accomplish 

this. He stressed the importance of long-term research that will 

provide results in a 10- to 20-year timeframe, and stated that this 

is a Federal responsibility, as States do not have the incentive to 

do this research. He also pointed to the need for R&D to look at 

alternative ways of moving people and goods. He stated that we 

can’t build our way out of congestion and need to research how to 

increase intermodal efficiency. 

Dr. Walton discussed the Future Strategic Highway Research 

Program (F–SHRP), and the need for this focused, time-limited 

R&D program that will address renewal of our highways, safety, 

reliability of travel times, and providing capacity. He stated that 

his Transportation Research Board (TRB) committee recommended 

that advanced research (the results of which usually take several 

years to reach an implementable stage) should become a stronger 

part of the Federal research program. He asserted that the Federal 

R&D program should be more responsive to major stakeholders. To 

advance deployment of ITS technologies, Dr. Walton recommended 

a study to address the non-technical barriers to technology deployment. Finally, he suggested that Congress should consider the creation of a national strategic plan for transportation R&D. 

Ms. Siggerud discussed a General Accounting Office (GAO) report that evaluated the Federal Highway Administration’s 

(FHWA’s) implementation of research management practices issued 

in 2002. The report recommended that FHWA increase stakeholder 

participation by consulting with external parties when developing 

R&D agendas, thereby ensuring that funded R&D is relevant to 

those who will implement the results. The report also called on 

FHWA to use a systematic approach to evaluate ongoing and completed R&D to ensure that FHWA is selecting the research projects 

with the greatest value. 

Ms. Canby stated that one of the challenges in transportation is 

targeting the R&D efforts to help deliver what the public wants— 

more trip choices, a balanced investment in the transportation system, and greater responsiveness to community, public health, and 

environmental concerns. She said that the basic principles outlined 

in ISTEA including intermodalism, economic efficiency and environmental quality should guide the research agenda, and be used 

to set performance measures to track progress in achieving these 

goals. In terms of specific needs, she pointed to data deficits at the 

Bureau of Transportation Statistics (BTS), particularly in bicycle 

and pedestrian data; the need to expand the knowledge on key 

issues such as social equity, public health and the environment; 

and the need to look at key trends that will affect the transportation system such as an aging population and the growing costs 

of transportation. In addition, she called for funding the Surface 

Transportation Environment Cooperative Research Program created in TEA–21. 

38 

Dr. Meyer outlined several demographic and social trends that 

will affect the transportation system. These trends include the concentration of people within metropolitan areas, greater utilization 

of public transportation and non-peak travel by an aging population, and globalization. He stated that research is necessary to 

plan for these emerging trends, and outlined a potential trends research program that would be implemented by the Transportation 

Research Board. He also identified criteria for evaluating research 

programs. Finally, he recommended that BTS look carefully at the 

goals established in ISTEA and TEA–21 and identify measures to 

determine the effectiveness of the transportation system in meeting 

those goals. 

Chairman Ehlers asked a series of specific questions to the 

panel: Do we invest enough in surface transportation R&D? Should 

we increase R&D funding relative to total transportation funding? 

Is the current funding balanced between different areas of R&D? 

All of the witnesses, with the exception of Mr. Frankel, stated 

that R&D is under-funded and that R&D funding should increase 

proportionately to the total transportation funding pool. Ms. Canby 

and Dr. Meyer stressed that the efficiencies and products that result from the program pay for themselves. 

As to the question of balance, the witnesses agreed that improvements could be made. Dr. Meyer, Ms. Canby and Dr. Harm all 

stressed the need for more funding for policy, intermodal and 

human factors research. Mr. Harm said that while transportation 

R&D has been very good at developing new materials, he would 

like to see more multidisciplinary research in order to develop more 

innovative transportation policies. Dr. Walton and Mr. Frankel 

stated that DOT needed a more strategic vision for research and 

that out of that vision, a better balance in R&D funding would 

emerge. 

V. COMMITTEE ACTIONS

On April 10, 2003 the Subcommittee on Environment, Technology, and Standards of the House Science Committee held a 

hearing on Research and Development (R&D) priorities for the reauthorization of the Transportation Equity Act for the 21st Century (TEA–21). 

On November 20, 2003, Mr. Ehlers introduced H.R. 3551, the 

Surface Transportation Research and Development Act of 2003. 

On January 28, 2004, the Subcommittee on Environment, Technology, and Standards of the House Science Committee met to consider H.R. 3551, and considered the following amendments: 

1. Mr. Ehlers offered an amendment in the nature of a substitute 

that removed funding levels from the bill. The amendment was 

agreed to by a voice vote. 

2. Mr. Udall offered an amendment that would add bicycle and 

pedestrian research (including within National Parks) to the contents of the research program under section 502(c) of title 23 of the 

United States Code. The amendment was agreed to by a voice vote. 

3. Mr. Miller offered an amendment to add to the list of priority 

research and development areas in the Intelligent Transportation 

Systems Program the development of interdisciplinary strategies 

and tools to address the multiple impacts of congestion concurrently. The amendment was agreed to by a voice vote. 

39 

4. Ms. Lofgren offered an amendment to create four National 

Transportation Security Centers at universities to conduct research 

on transportation security. The amendment was agreed to by a 

voice vote. 

The Subcommittee favorably reported the bill by a voice vote. 

On February 4, 2004, the Full Science Committee met to consider 

H.R. 3551, and considered the following amendments: 

1. Mr. Ehlers offered an amendment in the nature of a substitute. The amendment created a new funding mechanism for surface transportation research, which set research spending at the 

higher of 1.08 percent of total surface transportation spending or 

$500,000,000 per year. The amendment made several drafting 

changes to clarify and focus the contents of each program to better 

align with the overall strategic plan. The amendment also reduced 

the number of reports and reviews required by the bill. The amendment was adopted by a voice vote. 

2. Mr. Ehlers offered an en bloc amendment to the amendment 

in the nature of a substitute. The amendment authorized a road 

weather research and development program and the Garrett Morgan Technology and Transportation Program, and made several 

other technical changes. The amendment was adopted by a voice 

vote. 

The legislation was agreed to by a voice vote. Mr. Gordon moved 

that the Committee favorably report the bill, H.R. 3551, as amended, to the House with the recommendation that the bill as amended 

do pass, and that the staff be instructed to make technical and conforming changes to the bill as amended and prepare the legislative 

report and that the Chairman take all necessary steps to bring the 

bill before the House for consideration. With a quorum present, the 

motion was agreed to by a voice vote. 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

TITLE I: SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

• Section 101 authorizes appropriations for the surface transportation research and development (R&D) activities included in title 

I of the bill and in chapter 5 of title 23 of the United States Code. 

It authorizes the greater of 1.08 percent of the amounts made 

available from the Highway Trust Fund, or $500,000,000 for each 

of fiscal years 2004–2009. 

• Section 102 lays out the goals, principles and processes for surface transportation research and development, including stakeholder input, competition and peer review, and performance review 

and evaluation. 

• Section 103 reauthorizes and streamlines strategic planning 

requirements, and ties research planning to the goals of the surface 

transportation system. 

• Section 104 reauthorizes the surface transportation research 

program. It adds R&D areas to the contents section to fill R&D 

gaps, such as policy research. It requires exploratory advanced research, research on geospatial information systems, environmental 

research (as laid out in the Transportation Research Board’s Special Report 268, the Surface Transportation-Environment Cooperative Research Program), trends policy research, and road weather 

40 

research. It also reauthorizes the Long-Term Pavement Program, 

and authorizes the Long-Term Bridge Performance Program. • Section 105 reauthorizes the technology deployment program, 

and authorizes new programs for innovative pavement research 

and deployment and safety innovation deployment. • Section 106 reauthorizes the training and education program 

and authorizes the Garrett A. Morgan Technology and Transportation Education program to improve transportation education. • Section 107 reauthorizes the Bureau of Transportation Statistics and authorizes the development of a needs assessment to ensure that the statistics that are collected are most useful to users. • Section 108 reauthorizes the State Planning and Research 

(SPR) Program, and requires that 25 percent of SPR funds be used 

for research, and 10 percent be used for data collection. • Section 109 authorizes the Future Strategic Highway Research 

Program (F–SHRP), to be carried out by the Transportation Research Board, to fund R&D on renewal, safety, reliability and capacity. • Section 110 reauthorizes the University Transportation Research Program, and authorizes two new programs. The first is the 

Transportation Education Development Pilot Program to revise 

transportation curricula. The second is the National Transportation 

Security Centers to conduct R&D on the links between transportation and security. • Section 111 reauthorizes Intelligent Transportation Systems 

R&D. It adds new R&D areas in addressing non-technical barriers 

to deployment, human factors research, weather research, and efficiency in goods movement, and requires a report on using data collected by intelligent transportation systems. 

TITLE II: MISCELLANEOUS

• Sections 201, 203, 204, 205 and 206 authorize, and authorize 

appropriations for, transit, highway safety, and motor carrier safety R&D. 

• Section 202 authorizes a new innovative transit practices and 

technologies demonstration and deployment program. Section 207 

authorizes a transportation, energy and environment R&D program. Section 208 authorizes a freight R&D program. 

• Section 209 authorizes a commission to study transportation 

policy. Section 210 authorizes a real-time system management information program. Section 211 authorizes a planning capacity 

building initiative. 

VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION) 

Section 1. Short title 

‘‘Surface Transportation Research and Development Act of 2004.’’ 

Section 2. Findings 

Finds that research and development (R&D) is critical to developing and maintaining an effective transportation system, and that 

Federal R&D has produced a number of successes, but is underfunded. Finds that the Federal investment in R&D should be properly balanced between short-term applied R&D and long-term fundamental research, and should cover a wide range of R&D areas 

41 

including materials and structures, operations, and human factors 

and policy. 

TITLE I: SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

Section 101. Authorization of appropriations 

Authorizes for core surface transportation R&D programs the 

greater of 1.08 percent of funds made available in each fiscal year 

from the Highway Trust Fund or $500 million for each of fiscal 

years 2004–2009. Of these sums: 

• 50 percent is for Surface Transportation Research, Development and Technology Deployment, including funds for strategic planning, outreach, the ‘‘Surface Transportation Environment and Planning Cooperative Research Program’’ (Section 

104(c) of this Act), the ‘‘National Multimodal Trends Research 

Program’’ (Section 104(d) of this Act), ‘‘Exploratory Advanced 

Research,’’ (Section 104(f) of this Act), and the ‘‘National 

Freight Cooperative Research Program’’ (Section 208 of this 

Act); 

• 6.5 percent is for Training and Education (Section 106 of 

this Act); 

• 7.5 percent is for the Bureau of Transportation Statistics, 

including at least $5 million each year for R&D grants to State 

and local governments and metropolitan planning organizations to promote the harmonization of data collection and management (Section 107(i)(2) of this Act); 

• 11.5 percent is for University Transportation Centers (Section 110 of this Act); and 

• 24.5 percent is for Intelligent Transportation Systems 

R&D (Section 111 of this Act). 

Section 102. Goals, principles and processes 

Sets out goals, principles and processes to guide transportation 

R&D. The bill explicitly links the R&D goals to the overall goals 

of the surface transportation system set out in the Transportation 

Equity Act for the 21st Century (TEA–21), such as improving safety and promoting efficiency. It sets forth principles to guide the 

Federal role in surface transportation R&D. It also establishes requirements for stakeholder involvement, competition and peer review, and performance review and evaluation for transportation 

R&D. 

Section 103. Strategic planning 

Reauthorizes and amends the Department of Transportation’s 

(DOT) R&D strategic planning requirements. The bill requires a 

five-year strategic plan that includes and integrates R&D programs 

across the Department’s operating administrations and ensures 

consistency with other plans. It strengthens the contents of the 

plan by: (1) requiring the Department to link the plan to the goals 

of TEA–21; and (2) requiring the plan to specify the Department’s 

key R&D priorities, anticipated funding levels, and the expected 

outcomes of the R&D. The bill also increases accountability by requiring input from a range of interests in the transportation community, and requiring an annual report as part of the President’s 

42 

annual budget request that describes previous and proposed fiscal 

year funding levels for R&D. 

Section 104. Surface transportation research and development 

Reauthorizes and amends the R&D program carried out by the 

Federal Highway Administration (FHWA). The bill largely maintains the existing R&D program requirements of Section 502 of 

Title 23 of the U.S. Code, but fills a variety of research gaps and 

clarifies the legislative language. The section sets out the overall 

contents of the surface transportation R&D program, including 

R&D on structures and materials, operations and management, 

safety, performance analysis, the links between social systems and 

transportation, and the links between transportation and the environment. The bill includes authorizations for a Long-Term Bridge 

Performance Program, a Long-Term Pavement Performance Program, and a Geospatial Information Systems program. 

Authorizes a new Exploratory Advanced Research program to address recommendations of the Transportation Research Board 

(TRB) and others who say that the Federal investment in highway 

R&D should contain advanced, long-term research that may result 

in breakthroughs. The bill requires the Secretary of Transportation 

(henceforth referred to as the Secretary) to hold a workshop to 

gather input into the areas of advanced R&D that should be funded. To ensure accountability, the bill requires the Secretary to report annually on the amount of funding spent on exploratory advanced research. 

Reauthorizes the ‘‘Surface Transportation Environment and 

Planning Cooperative Research Program’’ (STECRP) and requires 

implementation of the recommendations contained in the TRB Special Report 268, a report that Congress requested in TEA–21. The 

report calls for six areas of research: (1) human health; (2) ecology 

and natural systems; (3) environmental and social justice; (4) 

emerging technologies; (5) land use; and (6) planning and performance measures. The bill requires the Secretary to contract with either the National Research Council or another non-profit research 

organization, such as the Health Effects Institute, to administer 

the program and to fulfill annual reporting requirements. The selected organization must create an independent advisory board that 

would have broad interest group membership and be open to stakeholder input. The Advisory Board would develop an annual research agenda, solicit project proposals through open competition, 

and submit an annual report. 

Creates a new national multimodal research program on demographic, economic and social trends that affect, and are affected by, 

the transportation system. This program fills a gap in current research. It requires the Secretary to establish the program through 

the National Research Council, and describes, in general terms, the 

economic, demographic, social, and other issues to be addressed by 

the program. It specifically requires the Council to create an independent advisory committee drawn from social science experts and 

key stakeholder groups, to develop a research agenda and review 

and evaluate project proposals. 

43 

Section 105. Technology deployment 

Reauthorizes FHWA’s technology deployment program, including 

the Innovative Bridge Research and Construction Program (authorized in TEA–21). Adds two new technology deployment programs, 

the Innovative Pavement Research and Deployment Program, and 

the Safety Innovation Deployment Program. The goals of these programs include the deployment of new, cost-effective designs, materials and practices to extend pavement life and performance; the 

reduction of maintenance costs and life-cycle costs of bridges; and 

the deployment and evaluation of safety technologies and innovations at the State and local level. 

The legislation establishes new requirements for the Secretary to 

ensure that the information and technology resulting from R&D 

conducted in this program is made available to State and local 

transportation departments, metropolitan planning organizations 

and other interested parties. 

Section 106. Training and education 

Increases the number of Federal funding sources from which 

States may draw for surface transportation workforce development, 

training and education. The section eliminates the matching requirement, allowing states to use Federal sources to pay for 100 

percent of these activities. These changes should provide States an 

additional incentive to fund these programs. The section also allows for the development of new courses at the National Highway 

Institute to better address challenges faced by today’s transportation professionals, and requires the National Highway Institute 

to review, revise, and terminate courses periodically. 

Authorizes $500,000 per year for the Garrett A. Morgan Technology and Transportation Education program in DOT to improve 

K–12 math and science education through the use of transportation 

topics. The program should focus on female and minority students. 

Section 107. Bureau of Transportation statistics 

Increases the responsiveness of the Bureau of Transportation 

Statistics (BTS) to the needs of the transportation community by: 

(1) clarifying that BTS is to serve decision makers in the transportation community at large in addition to the Secretary; (2) expanding membership of the Director’s Advisory Committee on Statistics 

to make it more representative of the transportation community; 

(3) requiring a national transportation statistics needs assessment 

to be carried out by the National Research Council within two 

years of enactment (in consultation with key constituencies and the 

DOT’s Advisory Committee on Statistics); and (4) requiring the 

Secretary to report to Congress within six months of receiving the 

assessment on how the Department plans to address the recommendations in the assessment. The Director is encouraged to 

harmonize data collection and management, through demonstration 

grants to States, local governments, and metropolitan planning organizations. The section also reauthorizes a variety of programs in 

Section 111 of Title 49 of the U.S. Code, including the National 

Transportation Library. 

44 

Section 108. State planning and research 

Authorizes for State Planning and Research (SPR) 2.5 percent of 

funds apportioned to States for each of fiscal years 2004–2009. This 

0.5 percent increase recognizes a growing need to ensure adequate 

funding for planning and research. The bill maintains the current 

requirement that 25 percent of SPR funds be spent on research, development and technology transfer activities. It adds a new provision requiring that 10 percent of SPR funds be used to improve the 

collection and reporting of strategic surface transportation data on 

the extent, condition, use, performance and financing of the surface 

transportation system. The section clarifies that studies, research 

and training on engineering standards and construction materials 

should be multimodal, and that research should also focus on design standards for intermodal coordination. 

Section 109. Future Strategic Highway Research Program (F– 

SHRP) 

Authorizes $75 million for each of fiscal years 2004–2009 from 

the Highway Trust Fund for the Future Strategic Highway Research Program (F–SHRP) to be carried out by the National Research Council in consultation with the American Association of 

State Highway Transportation Officials and other stakeholders. 

The program would implement the recommendations of the TRB 

Special Report 260, a report called for by Congress in TEA–21. 

Congress asked the TRB to develop a research program that cuts 

across disciplines and addresses short- to medium-term R&D gaps. 

F-SHRP addresses R&D gaps in four areas: (1) renewal, which will 

focus on R&D to minimize disruptions as we renovate existing 

highway infrastructure; (2) safety, which will focus on reducing 

crashes; (3) reliability, which will focus on R&D to improve the reliability of travel times by reducing the frequency and effects of 

events that cause delay; and (4) capacity, which will look holistically at the relationship between highways, the economy, communities and the environment. It also includes requirements that: 

projects be selected through open competition and peer review; 

stakeholders be involved in the committees and panels set up to 

implement the program; the National Research Council publish annual progress and performance reports; and the Comptroller General review the program within three years of the start of research 

to assess the degree to which the program is addressing the research topics identified in Special Report 260. 

Section 110. University transportation research 

Authorizes the Secretary to make grants to nonprofit institutions 

of higher learning to establish and operate 10 regional transportation centers, and 16 other university transportation centers. All 

centers shall be selected through a competitive, peer-reviewed process and the Federal share of the costs of activities for the regional 

centers shall increase from the current level of 50 percent to 80 

percent, while the Federal share for all other university transportation centers shall remain 50 percent. This section creates two 

new grant programs. One allows universities, in partnerships with 

State DOTs, to develop new transportation-related curricula. The 

other would establish no more than four National Transportation 

45 

Security Centers at universities. The National Transportation Security Centers shall be chosen based on an open competition. 

Section 111. Intelligent transportation systems 

Reauthorizes the Intelligent Transportation Systems (ITS) Research Program. The bill creates an advisory committee with broad 

representation from the transportation community, and charges it 

to advise DOT on whether areas of ITS R&D are likely to lead to 

technologies that will be deployed and on the appropriate roles for 

government and the private sector in ITS R&D. It requires the development of an assessment, with input from the Bureau of Transportation Statistics, of how data collected from current and anticipated ITS technologies can and should be used for real-time system 

management, planning and assessment. It also requires testing 

and validation of ITS standards whenever appropriate. 

The bill authorizes the ITS program to focus on technologies to 

improve transportation security, and to develop traffic management 

strategies and tools that concurrently address multiple impacts of 

congestion. In addition, research is authorized into the non-technical barriers to the deployment of ITS technologies. Experts have 

identified non-technical barriers as more significant than technical 

ones in the deployment of innovative technologies. The bill also requires that at least one-third of ITS R&D funding be used for 

projects that aim to reduce congestion. 

TITLE II: MISCELLANEOUS

Section 201. Authorization of appropriations 

Authorizes appropriation of such sums as necessary from the 

Highway Trust Fund for transit R&D, highway safety R&D, and 

motor carrier safety R&D for each of fiscal years 2004–2009. 

Section 202. Transit research 

Creates a new Innovative Practices and Technologies Demonstration and Deployment Program that would demonstrate promising 

new transit practices and technologies, evaluate and document the 

performance, benefits and costs of innovative technologies, and disseminate information to accelerate deployment of innovations. To 

this end, the Secretary is authorized to make grants to a variety 

of public, private and non-profit entities. The Secretary shall select 

projects based on: their ability to meet the goals of the program; 

a peer-review process; and the likelihood that a project will result 

in widespread deployment. The Secretary shall also ensure that innovations are made available to transit agencies and State and 

local transportation departments. 

Section 203. National Transit Institute 

Reauthorizes the National Transit Institute, which develops and 

conducts training programs for Federal, State and local public 

transportation officials. 

Section 204. Human resource programs 

Maintains the human resources programs at the Federal Transit 

Administration. 

46 

Section 205. Highway safety research and development 

Maintains the Highway Safety R&D Program and adds new provisions addressing emergency medical services, international cooperation, and a national motor vehicle crash causation survey. 

Section 206. Motor carrier research and development program 

Authorizes a comprehensive Federal Motor Carrier Safety 

Adminstration R&D program to reduce accidents and injuries involving commercial motor vehicles, and to train safety personnel. 

Encourages cooperative research. 

Section 207. Transportation energy and environment 

Creates an energy and climate change program at DOT to study 

the relationships between transportation, energy and climate 

change. 

Section 208. National cooperative freight transportation research 

program 

Authorizes a cooperative freight research program, administered 

by the Transportation Research Board of the National Research 

Council. Creates an advisory committee to run the program. Requires open competition and peer review of research proposals, 

evaluation of research results, and dissemination of research findings. 

Section 209. Establishment of a next generation national transportation policy study commission 

Establishes a Presidential Commission to investigate and study 

transportation needs, and the resources, requirements and policies 

necessary to meet expected needs. 

Section 210. Real-time system management information program 

Requires States to establish statewide incident reporting systems, a first step in establishing a nationwide system of basic realtime information for managing and operating the surface transportation system. 

Section 211. Planning capacity building initiative 

Establishes a planning capacity building initiative at the U.S. 

DOT to strengthen metropolitan and statewide transportation planning, and to enhance capacity to conduct joint transportation planning. 

VIII. COMMITTEE VIEWS

It is the Committee’s view that surface transportation research 

and development (R&D) was under-funded in the Transportation 

Equity Act for the 21st Century (TEA–21), and that transportation 

R&D spending should be tied to overall transportation spending. 

It is the Committee’s view that DOT should conduct more R&D 

in under-studied areas including environmental, human factors, 

and social science R&D. 

47 

Section 101—Authorization of appropriations 

The Committee believes strongly that surface transportation 

R&D funding needs to be increased and should be tied to overall 

transportation spending. At a minimum, the programs authorized 

in this title should be funded at $500 million per year, but as overall transportation spending grows, so should transportation R&D 

spending. The Committee believes that improvements in the transportation system to meet the needs of the future depend on adequate funding for R&D. 

Section 102—Goals, principles, and processes 

It is the Committee’s view that surface transportation research 

and development activities should be explicitly tied to the goals of 

the surface transportation system including improving safety and 

security, increasing mobility, and protecting and enhancing the environment. In addition, the Committee believes that DOT needs to 

do a better job of addressing the needs of stakeholders in determining in what areas research is needed. The Committee also believes strongly that DOT should be funding the highest quality research, and therefore the bill requires that all grants, contracts and 

cooperative agreements (except as otherwise provided in the Act) be 

peer reviewed and awarded on a competitive basis. It is the view 

of the Committee that R&D activities must be more accountable, 

and so the bill requires that all R&D activities include a component 

of performance evaluation. The Committee believes that ideally, 

these performance measurements would be based on specific outcomes, such as reduced travel times or accidents avoided, but recognizes that particularly with advanced research, it is difficult to 

link research results directly to outcomes. 

Section 103—Transportation research and development strategic 

planning 

The Committee is aware of shortcomings in the current transportation R&D strategic planning process whereby individual modal 

offices develop separate plans, which are then stapled together into 

a single document called the Department’s R&D strategic plan. To 

address this problem, the Committee directs the Secretary to develop an integrated, Department-wide R&D strategic plan, and to 

solicit input during its development from a wide range of stakeholders. 

The Committee is also concerned that present strategic planning 

and performance reporting does not clearly link specific R&D activities to each of the Nation’s agreed upon transportation goals. 

Tighter linkage will focus R&D investments more effectively and 

help determine whether the R&D portfolio is appropriately balanced across these goals. The Committee, therefore, included provisions in this section to require the Department to make this linkage explicit. 

Section 104—Surface transportation research and development 

It is the Committee’s view that there have been several important gaps in previous surface transportation R&D, and therefore 

the bill adds several new areas into the contents of the R&D program. These include research to support evaluation of the surface 

transportation system, research on trends that affect and are afVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1
48 

fected by the transportation system, and research and development 

on the linkages between transportation and the environment. 

However, the Committee also recognizes that DOT has been constrained in the past from planning strategically because of the 

number of required research areas. Because of this, the bill lists 

several critical overall research areas, with more specific research 

areas listed under each to be conducted as appropriate. 

The Committee calls attention to several new areas of research 

that fill gaps. The Committee believes that the transportation research and development portfolio should include research on operation and management of the surface transportation system. This 

includes research on pedestrian and bicycle modes of travel. An important example of the need for this research is the National 

Parks, where an assessment of the need for pedestrian and bicycle 

paths could identify promising areas for experimenting with alternative traffic management to reduce congestion. Another important 

area is research on non-technical barriers to technology deployment. Often non-technical barriers (such as fragmented local authority or rigid procurement rules) are more difficult to surmount 

than technical barriers. A third area in which the bill fills an important research gap is in research to assess how the transportation system affects and is affected by emerging demographic, economic and social trends, as well as the relationship between land 

use and the transportation system. The committee has also identified a need to develop methods for evaluating the performance of 

transportation systems across a variety of goals, such as mobility, 

safety, reduced congestion, and improved air quality. The development of life cycle cost analysis tools will promote better evaluation, 

and help State DOTs set budget priorities and manage equipment 

repair and replacement decisions more effectively. 

It is the Committee’s view that DOT should invest significantly 

more funding in exploratory advanced research. This is research 

that may not yield practical applications in the short term, but 

could lead to fundamental breakthroughs in the long term. The 

Committee believes that this should be considered a core Federal 

role. The Committee also believes that DOT should consult widely 

with outside researchers in determining exploratory advanced research areas, and that such areas may be wide ranging and include 

materials research, operations research and social science research. 

In addition, it is the Committee’s view that if this program is well 

funded, DOT should consider making investigator-driven grants, in 

the style of the National Science Foundation, to academic researchers to leverage creativity outside of the Department. 

The Committee originally authored the Surface Transportation 

Environment and Cooperative Research Program (STECRP) in 

TEA–21 and has been very concerned about DOT’s delay in implementing the program. The Committee directs DOT to implement 

STECRP expeditiously and requires management and governance 

provisions to help ensure the highest quality, peer reviewed, scientific research and development. 

The Committee expects the Secretary to carry out the program 

expeditiously by implementing the comprehensive research agenda 

contained in TRB Special Report 268, which was completed in 

2002. The Committee strongly supports this agenda because it was 

thoughtfully developed by a panel with diverse expertise and interVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1
49 

ests, and reflects delicate compromises among the panel members. 

Reopening the debate over the program’s agenda would only further delay the program. 

The agenda includes six critical research areas: (1) human 

health, (2) ecology and natural systems, (3) environmental and social justice, (4) emerging technologies, (5) land use, and (6) planning and performance measures. This broad research agenda calls 

for interdisciplinary research on the environmental impact of transportation, technologies to mitigate impacts, and the development of 

tools to improve planning, evaluate alternative project design, and 

consider the impact of projects on different members and groups of 

society. 

To further encourage high quality scientific research, the bill provides the Secretary with the flexibility to choose either the National Research Council or another non-profit group, such as the 

Health Effects Institute (HEI), to manage the program. The Committee encourages the Secretary to utilize a group such as HEI because it is a well respected scientific organization, which has effectively balanced environmental and business interests as it has carried out high quality environmental scientific research. 

The bill requires a balanced and diverse membership on the Advisory Board charged with soliciting, evaluating and recommending 

projects for funding under this program. Although the Committee 

intends for no single interest group to control the Advisory Board, 

the Committee also recognizes the important role of state transportation agencies. The Committee intends to encourage the development of fundamental knowledge, interdisciplinary research and 

partnerships by requiring the Advisory Board to give priority to 

projects with these attributes. The Committee recognizes that not 

all projects would be required meet these criteria, but the Advisory 

Board should encourage such proposals. 

The Committee recognizes, as do many leading transportation researchers, that the billions of dollars we spend on transportation 

infrastructure affect and are affected by important economic, demographic and social trends in our society. The Committee is also 

aware that this area of research receives little funding, despite the 

fact that knowledge of these trends is critical for investing transportation funds wisely and maintaining strong local communities. 

For these reasons, the Committee creates a new ‘‘National Multimodal Research and Development Program.’’ 

This new, modestly funded, competitive, research program would 

be housed at the Transportation Research Board and managed by 

an advisory board. The Committee believes strongly that members 

of the Advisory Board should be appointed from a wide array of social science fields, many of which have not been traditionally connected with transportation research, and should include members 

with expertise in socioeconomic factors that influence transportation needs, including researchers familiar with issues related to 

racial and economic equity. To ensure high quality research, the 

Committee expects the Advisory Board to use a transparent, stakeholder driven process for developing the research agenda and 

project selection criteria. The Committee also expects the Advisory 

Board, the TRB and DOT to make every effort to disseminate research findings widely. 

50 

Section 105—Technology deployment 

The Committee believes that while States, localities and the Federal government fund a large number of technology deployments, 

there is little information about the performance of these deployments. Thus, it is difficult to determine whether such deployments 

meet their stated goals or are cost-effective. It is the Committee’s 

view that technology deployment projects funded by this bill should 

incorporate performance measurements, and that this performance 

information should be made widely available. This would enable 

state and local governments to better evaluate the utility of a particular technique or technology for their use. 

The bill lists many important areas of research and development 

relating to the deployment of pavement, bridge and safety technologies. One area is the development of innovative pavement materials (such as rapid-set pavement) to increase safety and reduce 

construction time and related congestion. 

Section 106—Training and education 

As noted in TRB’s Special Report 275, ‘‘The Workforce Challenge,’’ and in many discussions with State and local officials, 

training and education are the key to a competent workforce. However, when states reduce their budgets, one of the first activities 

to be cut is training. Therefore, the Committee expands the number of Federal funding categories from which States can draw to 

fund the Local Technical Assistance Program (LTAP) and allows 

100 percent of the cost to be covered by Federal dollars. While the 

Committee did not place in statute the specific levels of funding for 

the National Highway Institute, the Local Technical Assistance 

Program, or the Eisenhower Fellowship program, the Committee 

expects that LTAP will receive at least 50 percent of the total for 

Training and Education under Sec. 101. 

The Committee urges the National Highway Institutes to make 

their course materials available to universities so this information 

can be incorporated into undergraduate and graduate curricula. 

The Committee continues to be concerned about K–12 math and 

science education. The purpose of the Garrett A. Morgan Technology and Transportation Education Program is to improve the 

preparation of students, particularly women and minorities, in 

science, technology, engineering, and mathematics through curriculum development, and other activities related to transportation. 

The Committee expects DOT to work with organizations that have 

experience in education grant programs, such as the American Association of State Highway and Transit Operators and its Transportation and Civil Engineering (TRAC) Program, to ensure that 

the goals of the program are met. 

Section 107—Bureau of Transportation statistics 

Although BTS has accomplished a great deal, the Committee, 

like many people in the transportation community and in DOT, believes that BTS has not lived up to its potential. The Committee 

believes it is critical to redouble efforts to strengthen BTS. For 

these reasons, the Committee included a variety of provisions in 

Section 107 to revitalize the Bureau over the next few years. 

The Committee intends to strengthen the independence of the director by extending his term of appointment to five years. The 

51 

Committee also recognizes that a vibrant BTS can exist only if it 

also is viewed as serving the needs of both the Secretary of Transportation and transportation decision-makers throughout the public 

and private sectors. 

It is the Committee’s view that the best way to strengthen BTS 

is to create a consensus on BTS’s priorities, ensure that those priorities are implemented, and secure adequate funding to meet 

those agreed upon goals. The Committee, therefore, requires BTS 

to enter an arrangement with the National Research Council 

(NRC) to conduct an ‘‘information needs assessment’’ to identify 

data gaps and unneeded data, suggest changes in data collection 

methods and surveys to improve standardization and accuracy of 

data, and identify needed resources. The NRC should ensure that 

the views of a representative cross-section of the transportation 

community are incorporated into the final assessment. The Committee believes that the assessment would be jeopardized if any 

single constituency group is viewed as controlling the process. 

The bill also directs the Secretary to report to Congress no later 

than six months after completion of the assessment on the Department’s plans for filling the gaps, stopping the collection of 

unneeded data, and estimating expected implementation costs, and 

on any needed statutory changes to implement the needs assessment. 

One of the weaknesses in current transportation statistics is the 

lack of standardization across federal, state and local governments 

for the collection and management of transportation data. The 

Committee believes that BTS should serve as a national leader to 

encourage data standardization inside and outside the department. 

To enable states, local governments and Metropolitan Planning Organizations to participate in such efforts, the Committee authorizes 

$5 million annually for Research and Development demonstration 

grants. 

The Committee recognizes the importance of BTS’s Advisory 

Council on Transportation Statistics, and explicitly calls for it to 

provide input to, and review the Report to Congress called for in 

subsection (d)(4). The Committee also broadens the expertise on 

the Advisory Committee by increasing membership from six to no 

fewer than 15 members. Although the Committee wants to ensure 

that a majority of members continue to have expertise in economics 

and statistics (including transportation statistics), the Committee 

recognizes a need for bringing other transportation community expertise to ensure that the Advisory Committee’s work is grounded 

in the needs of the broader transportation community. 

It is also the Committee’s view that BTS should maintain and 

support the National Transportation Library. 

Section 108—State planning and research 

The Committee recognizes the importance of planning and research by increasing funding for this section from 2 percent to 2.5 

percent of sums apportioned to the states. The Committee clarifies 

that planning funds may be used to plan for freight, land use, 

transportation-related growth management, as well as to support 

capacity building for planning. The committee maintains the current share (25 percent) of these funds that must be set aside for 

research, which would increase the total funds available to the 

52 

states for research. It also calls for research into all modes of transportation, including bicycle and pedestrian travel, as well as into 

standards for intermodal coordination. The committee also believes 

that research should address innovative technologies (such as deliberative polling) for improving public input early in the planning 

process, which may reduce project delays and cost overruns. 

The bill also requires States to spend a minimum of 10 percent 

of their SPR funds on improving the quality of data. This new provision reflects the Committee’s recognition that there are significant gaps in the data available to characterize the extent, condition, use, performance and financing of the transportation system 

for passenger and freight movement. These data are critical to 

more effective planning and decision-making. 

Section 109—Future strategic highway research program 

The Committee recognizes the importance of carrying out the research called for the Transportation Research Board Report 260, 

‘‘Strategic Highway Research: Saving Lives, Reducing Congestion, 

Improving the Quality of Life.’’ It also recognizes that Congress is 

turning over management of the program, which is authorized at 

nearly $400 million dollars over six years, to the National Research 

Council (NRC). 

Because of this unusual arrangement and the unprecedented 

funding levels involved, the bill requires that NRC implement the 

report as written. In particular, the Committee’s view is that research conducted on highway capacity in support of the Nation’s 

economic, environmental and multi-modal transportation and social 

goals be balanced equally between the development of new capacity 

and squeezing more capacity out of our existing transportation infrastructure. 

To enhance the credibility of the research results, the Committee 

believes strongly that all NRC committees and panels established 

to implement the program include a balanced group of transportation stakeholders, with no one interest group having a controlling 

majority of votes. 

The bill also calls for a mid-term evaluation of the program by 

the Government Accounting Office to (1) ensure that the projects 

funded have addressed the R&D topics in the TRB report, and (2) 

identify research topics that have not yet been addressed. 

Section 110—University transportation research 

The Committee understands the import role served by universities in transportation research and workforce development. However, the Committee is concerned that there was a lack of competition for most of the University Transportation Centers designations 

in TEA–21. Therefore, the bill requires that all 26 centers (the 10 

regional and 16 other centers) be designated through an open competition, peer-reviewed process. The Committee seeks to ensure 

that University Transportation Centers are competed fairly and 

openly and that new applicants are not disadvantaged in the competition. The Committee also expects greater oversight by DOT to 

ensure that the research carried out by the centers is aligned with 

DOT’s strategic plans. 

The Nation’s transportation systems are evolving in ways that 

require new skills for workers at all levels. The Committee creates 

53 

a Transportation Education Development Pilot Program for universities to partner with State Departments of Transportation or industry to develop, test, and revise new curricula and education programs to meet these new challenges. 

The Committee also recognizes a need for research and development focused on identifying and addressing security issues related 

to transportation. The bill authorizes funding for up to four university transportation centers that will focus on transportation security needs. 

Section 111—Intelligent transportation systems 

It is the Committee’s view that R&D investments in intelligent 

transportation systems (ITS) must be made deliberatively, and that 

DOT should consider, before investing, the likely market for a new 

system or technology, as well as the appropriate funding roles for 

the Federal government and the private sector. For this reason, the 

bill establishes an ITS Advisory Committee that is broadly representative of transportation stakeholders, and charges it with 

evaluating new ITS technologies. 

The Committee also believes that ITS technologies must be evaluated based on outcomes. ITS technologies should have clear and 

measurable goals, such as reducing congestion or improving safety. 

Demonstration projects should be designed with outcome-based 

performance measurement in mind. 

It is the Committee’s view that there may be great value in using 

information collected by current and future ITS technologies in 

real-time traffic management, planning, performance monitoring, 

program assessment, and policy applications. However, the Committee believes that DOT needs to assess the potential use of this 

data before investing in a new information infrastructure. The assessment should ensure that the infrastructure will be developed in 

a deliberative fashion, including assessing the need for new standards, and that the infrastructure will provide real value in reaching 

our transportation goals, and will be cost-effective. 

The Committee believes that greater focus must be put on interoperability of ITS systems, and that interoperability should be a 

fundamental goal of the national architecture. In addition, the 

Committee has heard that it is often difficult for States and other 

entities to implement new standards because these standards have 

not been validated. Therefore, the Committee requires that DOT 

validate new standards whenever it is appropriate. 

The Committee believes that there are many new areas in which 

ITS R&D should be conducted. Experts in the ITS community have 

identified non-technical barriers as more critical than technical 

barriers in slowing the deployment of ITS technologies. Therefore, 

it is the Committee’s view that DOT should fund R&D aimed at 

finding ways to overcome these non-technical barriers. The Committee also believes that ITS technologies can be utilized to develop 

integrated traffic management strategies and tools to reduce the 

multiple impacts of congestion (such as travel delays, vehicle emissions, safety concerns and fuel consumption) concurrently. These 

projects should be multi-disciplinary, and should incorporate stakeholders and end-use communities into the design and planning 

phases. ITS technologies should also be used to promote efficiency 

in goods movement through use of real-time tracking and manageVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1
54 

ment. Another important area of research is in-vehicle crash protection technologies to promote safety. This research should be 

done in a way that links the design of automotive technologies with 

realistic situations of vehicle use. Finally, research on the use of 

photonic and optic technologies to improve nighttime visibility, and 

increase the effectiveness of message signs and in-vehicle displays, 

should be conducted. 

It is the Committee’s view that the ITS program should have a 

greater focus on congestion reduction. ITS technologies should be 

aimed at getting greater capacity out of the existing transportation 

system. For this reason, the bill calls for at least one-third of ITS 

R&D funds to be used to develop technologies aimed at reducing 

congestion. 

Section 208—National cooperative freight transportation research 

The Committee recognizes the economic importance of freight 

movement throughout the transportation system. The increases in 

freight and passenger traffic in some areas has led to congestion 

and travel delays. The disparity in size and weight of trucks and 

passenger vehicles creates safety concerns along heavily traveled 

routes. The Committee believes that this cooperative research program should include research on alternative means of freight movement including railroads and freight pipelines. 

IX. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has timely submitted to the Committee on 

Science prior to the filing of this report and is included in Section 

X of this report pursuant to House Rule XIII, clause 3(c)(3). 

H.R. 3551 does not contain new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 3551 does 

authorize additional discretionary spending, as described in the 

Congressional Budget Office report on the bill, which is contained 

in Section X of this report. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 18, 2004. 

Hon. SHERWOOD L. BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3551, the Surface Transportation Research and Development Act of 2004. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Rachel Milberg. 

Sincerely, 

ELIZABETH ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

55 

H.R. 3551—Surface Transportation Research and Development Act 

of 2004 

Summary: CBO estimates that implementing H.R. 3551 would 

cost $2.7 billion over the 2005–2009 period and about $1 billion 

after 2009. Enacting the legislation would not affect direct spending or revenues. 

H.R. 3551 would extend the authority for transportation research 

programs administered by the Federal Highway Administration 

(FHWA), the Federal Transit Administration (FTA), the National 

Highway Traffic Safety Administration (NHTSA), and the Federal 

Motor Carrier Safety Administration (FMCSA). For those programs, CBO estimates that the bill would authorize the appropriation of $2.8 billion and provide $865 million in contract authority 

(the authority to incur obligations in advance of appropriations) 

over the 2005–2009 period. 

Consistent with the Balanced Budget and Emergency Deficit 

Control Act, CBO assumes that the contract authority for those research programs would continue at the same rate provided immediately before the authority for the programs would expire in 2010. 

Hence, this estimate includes an additional $177 million in contract authority in each year over the 2010–2014 period. 

H.R. 3551 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

As conditions for receiving federal assistance, state and local governments would have to provide matching funds and comply with 

various planning and reporting requirements. 

Estimated cost to the Federal Government: The estimated budgetary impact is shown in Table 1. The costs of this legislation fall 

within budget function 400 (transportation). 

TABLE 1.—SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF H.R. 3551 

By fiscal year, in millions of dollars— 

2005 2006 2007 2008 2009 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Ongoing Highway Programs: 

Authorization Level ......................................................................................... 500 500 500 500 500

Estimated Outlays .......................................................................................... 75 300 450 500 500 

New Highway Grant Program1: 

Authorization Level ......................................................................................... 0 0 0 0 0 

Estimated Outlays .......................................................................................... 11 45 68 75 75 

Transit Programs: 

Estimated Authorization Level ....................................................................... 54 55 56 57 58 

Estimated Outlays .......................................................................................... 8 33 49 55 56 

Highway Safety Programs 1

Estimated Authorization Level ....................................................................... 0 0 0 0 0 

Estimated ....................................................................................................... 13 57 86 97 99 

Motor Carrier Safety Programs: 

Estimated Authorization Level ....................................................................... 10 10 10 11 11 

Estimated Outlays .......................................................................................... 2 6 9 10 10 

Commission on National Transportation Needs: 

Estimated Authorization Level ....................................................................... 2 0 0 0 0 

Estimated Outlays .......................................................................................... 1 1 0 0 0 

Total Proposed Changes: 

Estimated Authorization Level ....................................................................... 566 565 566 567 569 

Estimated Outlays .......................................................................................... 110 442 662 737 741 

CHANGES IN DIRECT SPENDING 1

New Highway Grant and Highway Safety Programs: 

Estimated Budget Authority ........................................................................... 97 99 101 103 105 

56 

TABLE 1.—SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF H.R. 3551—Continued 

By fiscal year, in millions of dollars— 

2005 2006 2007 2008 2009 

Estimated Outlays .......................................................................................... 0 0 0 0 0 

1 Spending for these programs would be controlled by appropriation actions. Thus, while the budget authority would be a form of direct 

spending, outlays are shown in the discretionary spending category. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3551 will be enacted near the end of 2004. Estimates of outlays are 

based on historical spending patterns of transportation research 

programs. CBO estimates that implementing H.R. 3551 would cost 

$2.7 billion over the 2005–2009 period. Enacting the bill would not 

affect revenues or outlays from direct spending; however, CBO estimates that enacting H.R. 3551 would increase contract authority 

by $505 million over the 2005–2009 period and by over $1 billion 

over the 2005–2014 period in comparison to CBO’s baselines levels. 

Spending subject to appropriation 

Highway Programs. H.R. 3551 would extend the authorization 

for research programs administered by FHWA. Some of those programs include conducting research and developing technology to 

improve highways, operating the Bureau of Transportation Statistics, and grants to universities to conduct transportation-related research. To conduct those activities in each year over the 2004–2009 

period, the bill would authorize the appropriation of either 1.08 

percent of amounts made available from the Highway Trust Fund 

or $500 million, whichever is greater. Because CBO cannot anticipate the amounts that will be made available from the trust fund 

over this period, CBO assumes the appropriation of $500 million in 

each year over the 2005–2009 period. CBO estimates that implementing those provisions would cost about $1.8 billion over the 

2005–2009 period and another $675 million after 2009. 

In addition to extending the authority to continue FHWA’s ongoing research programs, H.R. 3551 would establish a new grant program that would fund research into improving highways. For this 

program, the bill would provide $75 million of contract authority 

each year over the 2004–2009 period. Under current law, spending 

from contract authority provided for highway research programs is 

considered discretionary because it is controlled by annual limitations on obligations set in appropriation acts. For this estimate, 

CBO assumes that appropriation actions will limit spending on the 

new grant program. CBO estimates that implementing the new 

program would cost $274 million over the 2005–2009 period and 

another $101 million after 2009. 

Transit Programs. H.R. 3551 would authorize the appropriation 

of such sums as may be necessary over the 2004–2009 period for 

FTA to conduct research on public transportation. These activities 

received $53 million for the current fiscal year. For this estimate, 

CBO adjusted that figure for anticipated inflation over the 2005– 

2009 period. We estimate that implementing this provision would 

cost $201 million over the 2005–2009 period and another $79 million after 2009. 

High Safety Programs. H.R. 3551 would provide an indefinite 

amount of contract authority over the 2004–2009 period for 

NHTSA to conduct research on highway safety. CBO’s current 

57 

baseline assumes $360 million of contract authority for highway 

safety research over the 2004–2009 period; however, based on information from the agency, CBO estimates that NHTSA would require an additional $130 million over the 2005–2009 period to conduct that research. Under current law, spending from contract authority provided for highway safety programs is considered discretionary because it is controlled by annual limitation on obligations 

set in appropriation acts. For this estimate, CBO assumes that appropriation actions will continue to limit spending on those programs. We estimate that implementing this provision would cost 

$352 million over the 2004–2009 period and another $138 million 

after 2009. 

Motor Carrier Safety Programs. H.R. 3551 would authorize the 

appropriation of such sums as may be necessary over the 2004– 

2009 period for FMCSA to conduct research and develop technology 

for improving truck safety. The Administration’s budget request for 

fiscal year 2005 includes about $10 million for those activities. For 

this estimate, CBO assumes appropriation of $10 million in 2005 

and adjusts this figure for anticipated inflation over the 2006–2009 

period. We estimate that implementing that provision would cost 

$38 million over the 2005–2009 period and another $14 million 

after 2009. 

Commission on National Transportation Needs. H.R. 3551 would 

establish a commission to study transportation needs in the United 

States, recommend changes to current policy that would help meet 

those needs, and issue a report before the end of 2005. For that 

commission, the bill would authorize the appropriation of such 

sums as necessary for fiscal years 2004 and 2005. Based on historical spending patterns of similar organizations and information 

from the Department of Transportation, CBO estimates that implementing this provision would cost $2 million over the 2005–2006 

period. 

Contract authority (direct spending) 

Enacting the bill would not affect outlays from direct spending 

but would increase contact authority (a form of direct spending). 

Those effects are detailed in Table 2. 

TABLE 2.—ESTIMATED EFFECTS ON CONTRACT AUTHORITY UNDER H.R. 3551 

By fiscal year, in millions of dollars— 

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 

Baseline Contract Authority for Highway Safety 

Programs .............................................................. 72 72 72 72 72 72 72 72 72 72 72 

Proposed Changes: 

Highway Grant Program .................................. 0 75 75 75 75 75 75 75 75 75 75 

Highway Safety Program ................................. 0 22 24 26 28 30 30 30 30 30 30 

Total Changes ............................................. 0 97 99 101 103 105 105 105 105 105 105 

Contract Authority for Highway Safety Programs 

and Highway Grant Program Under H.R. 3551 ... 72 169 171 173 175 177 177 177 177 177 177 

Highway Programs. H.R. 3551 would provide $75 million of contract authority each year over the 2004–2009 period for a new 

grant program to fund highway-related research. The Balanced 

Budget and Emergency Deficit Control Act specifies that an expiring mandatory program with current-year outlays in excess of $50 

58 

million be assumed to continue at the program level in place when 

it is scheduled to expire. Following that rule, under H.R. 3551, 

CBO projects $75 milllion in additional contract authority for the 

new grant program beginning in 2010. 

CBO assumes that spending on highway research programs 

would continue to be controlled by annual limitations on obligations in appropriation acts and that the outlays would therefore be 

discretionary. 

Highway Safety Programs. For research in highway safety, H.R. 

3551 would provide an indefinite amount of contract authority over 

the 2004–2009 period. CBO estimates that NHTSA would require 

$490 million over the 2005–2009 period to conduct that research, 

and CBO projects another $102 million for that program each year 

beginning in 2010. CBO assumes, however, that spending on research on highway safety would continue to be controlled by annual 

limitations on obligations in appropriation acts and would therefore 

be discretionary. 

CBO’s current baseline projects an annual level of contract authority for research on highway safety of $72 million and a total 

level of contract authority for this program of $360 million over the 

2005–2009 period. Thus, for that research, H.R. 3551 would provide $280 million in contract authority above the baseline level 

over the 2005–2014 period. 

Intergovernmental and Private-Sector Impact: H.R. 3551 contains no intergovernmental or private-sector mandates as defined 

in UMRA. As conditions for receiving federal assistance, state and 

local governments would have to provide matching funds and comply with various planning and reporting requirements. 

Estimate prepared by: Federal Costs: Rachel Milberg; Impact on 

State, Local, and Tribal Governments: Gregory Waring; and Impact 

on the Private Sector: Jean Talarico. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4 

H.R. 3551 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee on Science’s oversight findings and recommendations are reflected in the body of this report. 

XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND

OBJECTIVES

Pursuant to rule XIII, clause 3(c)(4) of the House of Representatives, the general performance goals and objectives of H.R. 3970 

are to authorize appropriations to the Department of Transportation for surface transportation research and development. 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 3551. 

59 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committee reauthorized in H.R. 

3551 are not currently being nor could they be performed by one 

or more agencies or by enlarging the mandate of another existing 

advisory committee. 

XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 3551 does relate to the terms and 

conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

This bill is not intended to preempt any state, local, or tribal law. 

XVIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS

REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 23, UNITED STATES CODE 

* * * * * * * 

CHAPTER 1—FEDERAL-AID HIGHWAYS 

* * * * * * * 

SUBCHAPTER I—GENERAL PROVISIONS 

* * * * * * * 

§ 101. Definitions and declaration of policy 

(a) DEFINITIONS.—In this title, the following definitions apply: 

(1) * * * 

* * * * * * * 

(3) CONSTRUCTION.—The term ‘‘construction’’ means the supervising, inspecting, actual building, and incurrence of all 

costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the 

issuance in accordance with section 122 of bonds or other debt 

financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit 

the Federal-aid highway program. Such term includes— 

(A) * * * 

* * * * * * * 

(G) improvements that directly facilitate and control 

traffic flow, such as grade separation of intersections, widVerDate Aug 04 2004 03:52 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1
60 

ening of lanes, channelization of traffic, traffic control systems, and 

passenger loading and unloading areas; øand¿ 

(H) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales 

(fixed and portable), scale pits, scale installation, and scale 

housesø.¿; and 

(I) surface transportation workforce development, training, and education. 

* * * * * * * 

(34) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.—The term ‘‘surface transportation 

workforce development, training, and education’’ means activities associated with surface transportation career awareness, 

student transportation career preparation, and training and 

professional development for surface transportation workers, including activities for women and minorities. 

ø(34)¿ (35) STATE TRANSPORTATION DEPARTMENT.—The term 

‘‘State transportation department’’ means that department, 

commission, board, or official of any State charged by its laws 

with the responsibility for highway construction. 

ø(35)¿ (36) TRANSPORTATION ENHANCEMENT ACTIVITIES.—The 

term ‘‘transportation enhancement activities’’ means, with respect to any project or the area to be served by the project, any 

of the following activities if such activity relates to surface 

transportation: provision of facilities for pedestrians and bicycles, provision of safety and educational activities for pedestrians and bicyclists, acquisition of scenic easements and scenic 

or historic sites, scenic or historic highway programs (including 

the provision of tourist and welcome center facilities), landscaping and other scenic beautification, historic preservation, 

rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors 

(including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, environmental mitigation 

to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat 

connectivity, and establishment of transportation museums. 

ø(36)¿ (37) URBAN AREA.—The term ‘‘urban area’’ means an 

urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area 

in each such State, or urban place as designated by the Bureau 

of the Census having a population of 5,000 or more and not 

within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each 

other, subject to approval by the Secretary. Such boundaries 

shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. 

ø(37)¿ (38) URBANIZED AREA.—The term ‘‘urbanized area’’ 

means an area with a population of 50,000 or more designated 

by the Bureau of the Census, within boundaries to be fixed by 

responsible State and local officials in cooperation with each 

other, subject to approval by the Secretary. Such boundaries 

61 

shall encompass, at a minimum, the entire urbanized area 

within a State as designated by the Bureau of the Census. 

* * * * * * * 

§ 104. Apportionment 

(a) * * * 

* * * * * * * 

(m) PLANNING CAPACITY BUILDING INITIATIVE.— (1) IN GENERAL.—The Secretary shall establish a planning 

capacity building initiative to support enhancements in transportation planning, in order to— 

(A) strengthen metropolitan and statewide transportation 

planning under sections 134 and 135, and under sections 

5303 through 5305 of title 49; 

(B) enhance tribal capacity to conduct joint transportation planning under chapter 2 of this title; and 

(C) participate in the metropolitan and statewide transportation planning programs under chapter 52 of title 49. 

(2) PRIORITY.—The Secretary shall give priority to planning 

practices and processes that support homeland security planning, performance based planning, safety planning, operations 

planning, freight planning, and integration of environment and 

planning. 

(3) USE OF FUNDS.—Funds authorized for this program may 

be used for research, program development, information collection and dissemination, and technical assistance. The Secretary 

may use these funds independently or make grants to, or enter 

into contracts and cooperative agreements with, a Federal agency, State agency, local agency, federally recognized Indian tribal 

government or tribal consortium, authority, association, nonprofit or for-profit corporation, or institution of higher education, to carry out the purposes of this subsection. 

(4) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using such funds shall be up to 100 percent, 

and such funds shall remain available until expended. 

(5) ADMINISTRATION.—This initiative shall be administered 

by the Federal Highway Administration in cooperation with the 

Federal Transit Administration. 

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund such 

sums as may be necessary to carry out this section for each of 

fiscal years 2004 through 2009. 

* * * * * * * 

Chapter 4.—HIGHWAY SAFETY 

* * * * * * * 

§ 403. Highway safety research and development 

(a) AUTHORITY OF THE SECRETARY.— 

(1) * * * 

* * * * * * * 

(4) EMERGENCY MEDICAL SERVICES.—In addition to the authority provided under this subsection, the Secretary is authorVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
62 

ized to use funds appropriated to carry out this section to enhance coordination among Federal agencies involved with 

State, local, tribal, and community-based emergency medical 

services. In exercising this authority, the Secretary may coordinate with State and local governments, the Bureau of Indian 

Affairs on behalf of Indian tribes, private industry, and other 

interested parties; collect and exchange emergency medical services data and information; examine emergency medical services 

needs, best practices, and related technology; and develop emergency medical services standards and guidelines, and plans for 

the assessment of emergency medical services systems. 

(5) INTERNATIONAL COOPERATION.—In addition to the authority provided under this subsection, the Secretary is authorized 

to use funds appropriated to carry out this section to participate 

and cooperate in international activities to enhance highway 

safety by such means as exchanging safety information; conducting safety research and development; and examining safety 

needs, best practices, and new technology. 

(6) NATIONAL MOTOR VEHICLE CRASH CAUSATION SURVEY.—In 

addition to the authority provided under this subsection, the 

Secretary is authorized to use funds appropriated to carry out 

this section to develop and conduct a nationally representative 

survey to collect on-scene motor vehicle crash causation data. 

* * * * * * * 

CHAPTER 5—RESEARCH AND TECHNOLOGY 

Sec. 

501. Definitions. 

* * * * * * * 

ø507. Surface transportation-environment cooperative research program. 

ø508. Surface transportation research strategic planning.¿ 

507. Surface transportation environment and planning cooperative research program. 

508. Transportation research and development strategic planning. 

509. Future strategic highway research program. 

510. National cooperative freight transportation research and development program. 

* * * * * * * 

§ 502. Surface transportation research 

(a) GENERAL AUTHORITY.— 

(1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

ACTIVITIES.—The Secretary ømay¿ shall carry out research, development, and technology transfer activities with respect to— 

(A) motor carrier transportation; 

ø(B) all phases of transportation planning and development (including construction, operation, modernization, development, design, maintenance, safety, financing, and 

traffic conditions); and 

ø(C) the effect of State laws on the activities described 

in subparagraphs (A) and (B).¿ 

(B) all phases of transportation planning and development (including construction, transportation system management and operation, modernization, development, design, maintenance, safety, data collection, performance 

63 

analysis, multimodal assessment, financing, demand forecasting, and traffic conditions); 

(C) institutional arrangements and support; and 

(D) the effect of State laws on the activities described in 

subparagraphs (A), (B), and (C). 

* * * * * * * 

ø(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall include in surface transportation research, technology development, 

and technology transfer programs carried out under this title coordinated activities in the following areas: 

ø(1) Development, use, and dissemination of indicators, including appropriate computer programs for collecting and analyzing data on the status of infrastructure facilities, to measure 

the performance of the surface transportation systems of the 

United States, including productivity, efficiency, energy use, 

air quality, congestion, safety, maintenance, and other factors 

that reflect system performance. 

ø(2) Methods, materials, and testing to improve the durability of surface transportation infrastructure facilities and extend the life of bridge structures, including— 

ø(A) new and innovative technologies to reduce corrosion; 

ø(B) tests simulating seismic activity, vibration, and 

weather; and 

ø(C) the use of innovative recycled materials. 

ø(3) Technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems, including responses to natural disasters. 

ø(4) Development of nondestructive evaluation equipment for 

use with existing infrastructure facilities and with next-generation infrastructure facilities that use advanced materials. 

ø(5) Dynamic simulation models of surface transportation 

systems for— 

ø(A) predicting capacity, safety, and infrastructure durability problems; 

ø(B) evaluating planned research projects; and 

ø(C) testing the strengths and weaknesses of proposed 

revisions to surface transportation operations programs. 

ø(6) Economic highway geometrics, structures, and desirable 

weight and size standards for vehicles using the public highways and the feasibility of uniformity in State regulations with 

respect to such standards. 

ø(7) Telecommuting and the linkages between transportation, information technology, and community development 

and the impact of technological change and economic restructuring on travel demand. 

ø(8) Expansion of knowledge of implementing life cycle cost 

analysis, including— 

ø(A) establishing the appropriate analysis period and 

discount rates; 

ø(B) learning how to value and properly consider use 

costs; 

ø(C) determining tradeoffs between reconstruction and 

rehabilitation; and 

64 

ø(D) establishing methodologies for balancing higher initial costs of new technologies and improved or advanced 

materials against lower maintenance costs. 

ø(9) Standardized estimates, to be developed in conjunction 

with the National Institute of Standards and Technology and 

other appropriate organizations, of useful life under various 

conditions for advanced materials of use in surface transportation. 

ø(10) Evaluation of traffic calming measures that promote 

community preservation, transportation mode choice, and safety. 

ø(11) Development and implementation of safety-enhancing 

equipment, including unobtrusive eyetracking technology.¿ 

(c) CONTENTS OF RESEARCH AND DEVELOPMENT PROGRAM.—The 

Secretary shall include in surface transportation research, development, and technology transfer programs carried out under this title 

coordinated activities in the following areas: 

(1) Research and development on materials and structures to 

improve the durability of surface transportation infrastructure 

and extend the life of pavements and bridges, including, as appropriate— 

(A) development of nondestructive evaluation equipment 

for use with existing infrastructure facilities and with nextgeneration infrastructure facilities that use advanced materials; 

(B) standardized estimates, developed in conjunction 

with the National Institute of Standards and Technology 

and other appropriate organizations, of useful life under 

various conditions for advanced materials of use in surface 

transportation; 

(C) research on the effects of climate conditions (such as 

freezing, thawing, and precipitation) on highway construction materials, and development of materials that can withstand climatic conditions; and 

(D) economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public 

highways and the feasibility of uniformity in State regulations with respect to such standards. 

(2) Research and development on the operation and management of the surface transportation system to improve efficiency, 

productivity, and safety, including, as appropriate— 

(A) technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems, 

including responses to natural disasters; 

(B) research and system analysis to facilitate and integrate bicycle and pedestrian travel in the transportation 

system, including within National Parks and in areas adjacent to National Park land; 

(C) development of dynamic simulation models of surface 

transportation systems for— 

(i) predicting capacity, safety, and infrastructure durability problems; 

(ii) evaluating the extent to which projects are likely 

to achieve their stated objectives; and 

65 

(iii) testing the strengths and weaknesses of proposed 

revisions to surface transportation operations and 

management programs; 

(D) improvement of life cycle cost analysis, including— 

(i) establishing the appropriate analysis period and 

discount rates; 

(ii) learning how to value and properly consider use 

costs; 

(iii) determining tradeoffs between reconstruction 

and rehabilitation; and 

(iv) establishing methodologies for balancing higher 

initial costs of new technologies and improved or advanced materials against lower maintenance costs; 

(E) research on the effects of climatic conditions (such as 

freezing, thawing, and precipitation) on the costs of highway construction materials and maintenance; 

(F) research, development, and technology transfer related to asset management; and 

(G) evaluation of traffic calming measures that promote 

community preservation, transportation mode choice, and 

safety. 

(3) Research, development, and technology transfer to improve 

safety. 

(4) Research and development to support the evaluation of 

how the surface transportation system and individual surface 

transportation projects meet the goals of the surface transportation system stated in section 102(a) of the Surface Transportation Research and Development Act of 2004, including, as appropriate— 

(A) development, use, and dissemination of indicators, including appropriate computer programs for collecting and 

analyzing data on the status of infrastructure facilities, to 

measure the performance of the surface transportation systems of the United States, including productivity, efficiency, 

energy use, air quality, congestion, safety, maintenance, 

and other factors that reflect system performance; and 

(B) research on, and dissemination of recommendations 

and best practices aimed at addressing, nontechnical barriers to technology deployment (such as fragmented local 

authority, rigid procurement rules, and privacy and liability considerations). 

(5) To assess how the surface transportation system affects 

and is affected by social systems, including, as appropriate— 

(A) research aimed at understanding how emerging 

trends (including demographic, economic, and social 

trends) will affect surface transportation usage and needs; 

(B) research on how land use affects and is affected by 

surface transportation investments; and 

(C) telecommuting and the linkages between transportation, information technology, and community development, and the impact of technological change and economic 

restructuring on travel demand. 

(6) Environmental research and development, including research described in the Transportation Research Board Special 

66 

Report 268, entitled ‘‘Surface Transportation Environmental 

Research: A Long-Term Strategy’’ published in 2002. 

(7) Exploratory advanced research in any of the preceding 

areas. 

(8) Any other surface transportation research and development topics that the Secretary determines, in accordance with 

the strategic planning process under section 508, to be critical. 

(d) ADVANCED RESEARCH.— (1) IN GENERAL.—The Secretary shall establish an exploratory advanced research program, consistent with the surface 

transportation research and technology development strategic 

plan developed under section 508, that addresses longer-term, 

higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of 

highway and intermodal transportation systems. In carrying 

out the program, the Secretary shall strive to develop partnerships with the public and private sectors. 

ø(2) RESEARCH AREAS.—In carrying out the program, the 

Secretary may make grants and enter into cooperative agreements and contracts in such areas as the Secretary determines 

appropriate, including the following: 

ø(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes. 

ø(B) Diagnostics for evaluation of the condition of bridge 

and pavement structures to enable the assessment of risks 

of failure, including from seismic activity, vibration, and 

weather. 

ø(C) Design and construction details for composite structures. 

ø(D) Safety technology-based problems in the areas of 

pedestrian and bicycle safety, roadside hazards, and composite materials for roadside safety hardware. 

ø(E) Environmental research, including particulate matter source apportionment and model development. 

ø(F) Data acquisition techniques for system condition 

and performance monitoring. 

ø(G) Human factors, including prediction of the response 

of travelers to new technologies.¿ 

(2) PURPOSE.—The purpose of the research program under 

this subsection shall be to achieve breakthroughs in transportation research. Exploratory advanced research should have a 

broader objective, longer time frame, multidisciplinary nature, 

and have both a higher risk and a higher potential payoff than 

for problem-solving research. 

(3) WORKSHOP.—The Secretary shall convene a workshop 

with appropriate researchers and policymakers from Federal 

and State agencies, as well as academic researchers. The purpose of the workshop shall be to determine priority areas of exploratory advanced research and to identify the best way to accomplish this research (such as through federally funded research and development centers or academic researchers). The 

workshop shall include a diverse group of stakeholders. The 

Secretary shall make the results of the workshop widely availVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00066 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
67 

able to the public. The workshop shall be held within 6 months 

after the date of the enactment of this paragraph. 

(4) GRANT PROGRAM.—The Secretary may administer a competitive, peer-reviewed grant program to support exploratory advanced research. 

(5) REPORT.—The President’s annual budget request to the 

Congress shall indicate the amount of funding used in the previous fiscal year, and proposed for the next fiscal year, to support exploratory advanced research under this subsection, including the amount used to support extramural research grants 

in exploratory advanced research under this subsection. 

(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— 

(1) AUTHORITY.—The Secretary shall complete the long-term 

pavement performance program tests initiated under the strategic highway research program established under section 

307(d) (as in effect on the day before the date of enactment of 

this section) and continued by the Intermodal Surface Transportation Efficiency Act of 1991 ø(105 Stat. 1914 et seq.) 

through the midpoint of a planned 20-year life of the long-term 

pavement performance program¿ and the Transportation Equity Act for the 21st Century. 

* * * * * * * 

(f) LONG-TERM BRIDGE PERFORMANCE PROGRAM.— 

(1) AUTHORITY.—The Secretary shall establish a 20-year, 

long-term bridge performance program. 

(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

Under the program, the Secretary shall make grants and enter 

into cooperative agreements and contracts to— 

(A) monitor, material-test, and evaluate test bridges; 

(B) analyze the data obtained in carrying out subparagraph (A); and 

(C) prepare products to fulfill program objectives and 

meet future bridge technology needs. 

ø(f)¿ (g) SEISMIC RESEARCH PROGRAM.— 

(1) * * * 

* * * * * * * 

ø(g)¿ (h) INFRASTRUCTURE INVESTMENT NEEDS REPORT.— 

(1) IN GENERAL.—Not later than øJanuary 31, 1999¿ July 31, 

2004, and January 31 of every second year thereafter, the Secretary shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives on— 

(A) * * * 

* * * * * * * 

(2) COMPARISON WITH PRIOR REPORTS.—Each report under 

paragraph (1) shall provide the means, including all necessary 

information, to relate and compare the conditions and service 

measures used in the 3 øbiannual reports published prior to 

the date of enactment of the Transportation Equity Act for the 

21st Century¿ previous reports under this subsection. 

(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 

68 

(1) IN GENERAL.—The Secretary shall operate in the Federal 

Highway Administration a Turner-Fairbank Highway Research 

Center. 

(2) USES OF THE CENTER.—The Turner-Fairbank Highway 

Research Center shall support the— 

(A) conduct of highway research and development related 

to new highway technology; 

(B) development of understandings, tools, and techniques 

that provide solutions to complex technical problems 

through the development of economical and environmentally sensitive designs, efficient and quality controlled 

construction practices, and durable materials; and 

(C) development of innovative highway products and 

practices. 

§ 503. Technology deployment 

(a) TECHNOLOGY DEPLOYMENT øINITIATIVES AND PARTNERSHIPS¿ 

PROGRAM.— ø(1) ESTABLISHMENT.—The Secretary shall develop and administer a national technology deployment initiatives and partnerships program.¿ 

(1) ESTABLISHMENT.—The Secretary shall develop and administer a national technology deployment program. 

* * * * * * * 

ø(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— Under the program, the Secretary may make grants and enter 

into cooperative agreements and contracts to foster alliances 

and support efforts to stimulate advances in transportation 

technology, including— 

ø(A) the testing and evaluation of products of the strategic highway research program; 

ø(B) the further development and implementation of 

technology in areas such as the Superpave system and the 

use of lithium salts and other alternatives to prevent and 

mitigate alkali silica reactivity; 

ø(C) the provision of support for long-term pavement 

performance product implementation and technology access; and 

ø(D) other activities to achieve the goals established 

under paragraph (3). 

ø(8) REPORTS.—Not later than 18 months after the date of 

enactment of this section, and biennially thereafter, the Secretary shall submit to the Committee on Environment and 

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress and results of activities carried out under 

this section.¿ 

(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— (A) IN GENERAL.—Under the program, the Secretary shall 

make grants to, and enter into cooperative agreements and 

contracts with, States, other Federal agencies, universities 

and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer concerning innovative materials. 

69 

(B) APPLICATIONS.—To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall 

be in such form and contain such information as the Secretary may require. The Secretary shall select and approve 

the applications based on open competition and peer review, and on whether the project that is the subject of the 

grant serves the purpose of the program described in paragraph (2). 

(8) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall ensure that the information and technology resulting from research and development conducted under paragraph 

(3) is made available to State and local transportation departments and other interested parties as specified by the Secretary. 

(9) FEDERAL SHARE.—The Federal share of the cost of a 

project under this section shall be determined by the Secretary. 

ø(9)¿ (10) ALLOCATION.—To the extent appropriate to achieve 

the goals established under paragraph (3), the Secretary may 

further allocate funds made available to carry out this section 

to States for their use. 

(b) INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION

PROGRAM.— 

ø(1) IN GENERAL.—The Secretary shall establish and carry 

out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures. 

ø(2) GOALS.—The goals of the program shall include— 

ø(A) the development of new, cost-effective innovative 

material highway bridge applications; 

ø(B) the reduction of maintenance costs and life-cycle 

costs of bridges, including the costs of new construction, 

replacement, or rehabilitation of deficient bridges; 

ø(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion; 

ø(D) the development of engineering design criteria for 

innovative products and materials for use in highway 

bridges and structures; 

ø(E) the development of cost-effective and innovative 

techniques to separate vehicle and pedestrian traffic from 

railroad traffic; 

ø(F) the development of highway bridges and structures 

that will withstand natural disasters, including alternative 

processes for the seismic retrofit of bridges; and 

ø(G) the development of new nondestructive bridge evaluation technologies and techniques.¿ 

(1) IN GENERAL.—The Secretary shall establish and carry out 

a program to promote, demonstrate, evaluate, and document the 

application of innovative designs, materials and construction 

methods in the construction, repair, and rehabilitation of 

bridges and other highway structures. 

(2) GOALS.—The goals of the program shall include— 

(A) the development of new, cost-effective, innovative 

highway bridge applications; 

70 

(B) the development of construction techniques to increase 

safety and reduce construction time and traffic congestion; 

(C) the development of engineering design criteria for innovative products, materials, and structural systems for use 

in highway bridges and structures; 

(D) the reduction of maintenance costs and life-cycle costs 

of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; 

(E) the development of highway bridges and structures 

that will withstand natural disasters and terrorist attacks; 

(F) the documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods; and 

(G) the effective transfer of resulting information and 

technology. 

(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish and implement a program to promote, demonstrate, support, and document the application of innovative pavement technologies, practices, performance, and benefits. 

(2) GOALS.—The goals of the innovative pavement research 

and deployment program shall include— 

(A) the deployment of new, cost-effective innovative designs, materials, and practices to extend pavement life and 

performance and to improve customer satisfaction; 

(B) the reduction of initial costs and life-cycle costs of 

pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; 

(C) the deployment of accelerated construction techniques, 

including innovative pavement materials, to increase safety 

and reduce construction time and traffic disruption and 

congestion; 

(D) the deployment of engineering design criteria and 

specifications for innovative practices, products, and materials for use in highway pavements; 

(E) the deployment of new nondestructive and real time 

pavement evaluation technologies and techniques; 

(F) evaluation, refinement, and documentation of the performance and benefits of innovative technologies deployed 

to improve life, performance, cost effectiveness, safety, and 

customer satisfaction; 

(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, 

safety, and customer satisfaction; and 

(H) the development of designs and materials to reduce 

storm water runoff. 

(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— (A) IN GENERAL.—Under the program, the Secretary shall 

make grants to, and enter into cooperative agreements and 

contracts with States, other Federal agencies, universities 

and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

71 

(B) APPLICATIONS.—To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall 

be in such form and contain such information as the Secretary may require. The Secretary shall select and approve 

the applications based on open competition and peer review, and on whether the project that is the subject of the 

grant meets the goals of the program described in paragraph (2). 

(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take such action as is necessary to ensure that the 

information and technology resulting from research conducted 

under paragraph (3) is made available to State and local transportation departments and other interested parties as specified 

by the Secretary. 

(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish and implement a program to demonstrate the application of innovative 

technologies in highway safety. 

(2) GOALS.—The goals of the program shall include— 

(A) the deployment and evaluation of safety technologies 

and innovations at state and local levels; and 

(B) the deployment of best practices in training, management, design, and planning. 

(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

(A) IN GENERAL.—Under the program, the Secretary shall 

make grants to, and enter into cooperative agreements and 

contracts with States, other Federal agencies, universities 

and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

(B) APPLICATIONS.—To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall 

be in such form and contain such information as the Secretary may require. The Secretary shall select and approve 

the applications based on open competition and peer review, and on whether the project that is the subject of the 

grant meets the goals of the program described in paragraph (2). 

(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take such action as is necessary to ensure that the 

information and technology resulting from research conducted 

under paragraph (3) is made available to State and local transportation departments and other interested parties as specified 

by the Secretary. 

* * * * * * * 

§ 504. Training and education 

(a) NATIONAL HIGHWAY INSTITUTE.— 

(1) * * * 

* * * * * * * 

ø(3) COURSES.—The Institute may develop and administer 

courses in modern developments, techniques, methods, regulaVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00071 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
72 

tions, management, and procedures relating to surface transportation, environmental mitigation and compliance, acquisition of rights-of-way, relocation assistance, engineering, safety, 

construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway finance.¿ 

(3) COURSES.— (A) IN GENERAL.—The Institute shall develop or update 

courses in the subject areas of asset management, application of emerging technologies, including intelligent transportation systems, techniques, methods, regulations, information technology, general management, environmental 

stewardship, acquisition of rights-of-way, relocation assistance, engineering, safety, transportation system management and operations, construction, maintenance, contract 

administration, inspection, and finance. 

(B) ADDITIONAL COURSES.—In addition to the courses in 

the subject matter areas described in subparagraph (A), the 

Institute, in consultation with State transportation departments and the American Association of State Highway and 

Transportation Officials, may develop other courses as it 

considers necessary. 

(C) REVISION OF COURSES OFFERED.—The Institute shall 

periodically— 

(i) review the course inventory of the Institute; and 

(ii) revise or cease to offer courses based on course 

content, applicability, and need. 

(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 

(1) * * * 

* * * * * * * 

(3) FEDERAL SHARE.— (A) GRANTS.—The grant funds authorized to carry out 

this subsection may be used to cover up to 50 percent of the 

program costs relating to local technical assistance. Funds 

available for technology transfer and training purposes 

under this title and title 49 may be used to cover the remaining 50 percent of the program costs. 

(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Federal share of the cost of activities carried out by the tribal 

technical assistance centers under paragraph (2)(D)(ii) of 

this subsection shall be 100 percent. 

* * * * * * * 

(d) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, 

TRAINING, AND EDUCATION.— 

(1) FUNDING.—Subject to project approval by the Secretary, a 

State may obligate funds apportioned to it under sections 

104(b)(1), (3), and (4) and 144(e) of this title for surface transportation workforce development, training and education, including— 

(A) tuition and direct educational expenses, excluding 

salaries, in connection with the education and training of 

employees of State and local transportation agencies; 

(B) employee professional development; 

(C) student internships; or 

73 

(D) education outreach activities to develop interest and 

promote participation in surface transportation careers. 

(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 

percent. 

(e) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION

EDUCATION PROGRAM.— (1) IN GENERAL.—The Secretary shall establish the Garrett A. 

Morgan Technology and Transportation Education Program to 

improve the preparation of students, particularly women and 

minorities, in science, technology, engineering, and mathematics 

through curriculum development and other activities related to 

transportation. 

(2) AUTHORIZED ACTIVITIES.—The Secretary shall award 

grants under this subsection on the basis of competitive, peer review. Grants awarded under this subsection may be used for 

enhancing science, technology, engineering, and mathematics at 

the elementary and secondary school level through such means 

as— 

(A) internships that offer students experience in the 

transportation field; 

(B) programs that allow students to spend time observing 

scientists and engineers in the transportation field; and 

(C) developing relevant curriculum that uses examples 

and problems related to transportation. 

(3) APPLICATION AND REVIEW PROCEDURES.— (A) IN GENERAL.—An entity described in subparagraph 

(C) seeking funding under this subsection shall submit an 

application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used and a description 

of how the funds will be used to serve the purposes described in paragraph (2). 

(B) PRIORITY.—In making awards under this subsection, 

the Secretary shall give priority to applicants that will encourage the participation of women and minorities. 

(C) ELIGIBILITY.—Local education agencies and State 

education agencies, which may partner with institutions of 

higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection. 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘institution of higher education’’ has the 

meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); 

(B) the term ‘‘local educational agency’’ has the meaning 

given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and 

(C) the term ‘‘State educational agency’’ has the meaning 

given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Transportation to 

carry out this subsection $500,000 for fiscal year 2005 and such 

sums as may be necessary thereafter. 

74 

ø§ 505. State planning and research 

ø(a) GENERAL RULE.—Two percent of the sums apportioned to a 

State for fiscal year 1998 and each fiscal year thereafter under section 104 (other than sections 104(f) and 104(h)) and under section 

144 shall be available for expenditure by the State, in consultation 

with the Secretary, only for the following purposes: 

ø(1) Engineering and economic surveys and investigations. 

ø(2) The planning of future highway programs and local public transportation systems and the planning of the financing of 

such programs and systems, including metropolitan and statewide planning under sections 134 and 135. 

ø(3) Development and implementation of management systems under section 303. 

ø(4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and 

equitable taxation of such systems. 

ø(5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public 

transportation, and intermodal transportation systems. 

ø(6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use. 

ø(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND

TECHNOLOGY TRANSFER ACTIVITIES.— 

ø(1) IN GENERAL.—Subject to paragraph (2), not less than 25 

percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the 

State for research, development, and technology transfer activities described in subsection (a), relating to highway, public 

transportation, and intermodal transportation systems. 

ø(2) WAIVERS.—The Secretary may waive the application of 

paragraph (1) with respect to a State for a fiscal year if the 

State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described 

in paragraph (1) and the Secretary accepts such certification. 

ø(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended 

under paragraph (1) shall not be considered to be part of the 

extramural budget of the agency for the purpose of section 9 

of the Small Business Act (15 U.S.C. 638). 

ø(c) FEDERAL SHARE.—The Federal share of the cost of a project 

carried out using funds subject to subsection (a) shall be 80 percent 

unless the Secretary determines that the interests of the Federalaid highway program would be best served by decreasing or eliminating the non-Federal share. 

ø(d) ADMINISTRATION OF SUMS.—Funds subject to subsection (a) 

shall be combined and administered by the Secretary as a single 

fund and shall be available for obligation for the same period as 

funds apportioned under section 104(b)(1).¿ 

75 

§ 505. State planning and research 

(a) IN GENERAL.—Two and a half percent of the sums apportioned 

to a State for fiscal year 2004 and each fiscal year thereafter under 

section 104 (other than subsections (f) and (h)) and under sections 

105 and 144 shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes: 

(1) Engineering and economic surveys and investigations. 

(2) The planning of future highway programs and local public transportation systems, the planning of the financing of such 

programs and systems, including metropolitan and Statewide 

planning under sections 134 and 135, freight planning, safety 

planning, transportation systems management and operations 

planning, transportation-related land use planning, and transportation-related growth management activities within these 

planning processes, and planning capacity building activities. 

(3) Development and implementation of infrastructure management and traffic monitoring systems, and for asset management. 

(4) Studies of the economy, safety, and convenience of highway, local public transportation, bicycle, and pedestrian systems and the desirable regulation and equitable taxation of 

their use. 

(5) Research, development, and technology transfer activities 

necessary in connection with the planning, design, construction, 

management, maintenance, regulation, and taxation of the use 

of highway, local public transportation, and intermodal transportation systems, including innovative techniques for ensuring 

representative public input (e.g. deliberative polling). 

(6) Research on the effects of design standards on intermodal 

coordination, such as the highway-rail interface, and on safe 

pedestrian access to transit on arterial roads and urban highways. 

(7) Study, research and development, and training on the engineering standards and construction materials, including accreditation of inspection and testing, for highway, local public 

transportation, bicycle, pedestrian, and intermodal transportation systems. 

(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND

TECHNOLOGY TRANSFER ACTIVITIES.— 

(1) IN GENERAL.—Subject to paragraph (2), not less than 25 

percent of the funds appropriated pursuant to subsection (a) to 

a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, bicycle, pedestrian, and intermodal transportation systems. 

(2) WAIVERS.—The Secretary may waive the application of 

paragraph (1) with respect to a State for a fiscal year if the 

State certifies to the Secretary for the fiscal year that the funds 

described in paragraph (1) are not needed for research, development, and technology transfer and the Secretary accepts such 

certification. 

(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended 

under paragraph (1) shall not be considered to be part of the 

76 

extramural budget of the agency for the purpose of section 9 of 

the Small Business Act (15 U.S.C. 638). 

(c) MINIMUM EXPENDITURES FOR IMPROVING THE QUALITY OF

COLLECTION AND REPORTING OF STRATEGIC SURFACE TRANSPOR- TATION DATA.— (1) IN GENERAL.—Subject to paragraph (2), not less than 10 

percent of the funds appropriated pursuant to subsection (a) for 

a fiscal year to a State shall be expended by the State to improve the collection and reporting of strategic surface transportation data to provide critical information about the extent, condition, use, performance, and financing of the Nation’s surface 

transportation system (including intermodal connectors) for 

passenger and freight movement. 

(2) WAIVERS.—The Secretary may waive the application of 

paragraph (1) with respect to a State for a fiscal year if the 

State certifies to the Secretary for the fiscal year that the State 

is collecting and reporting strategic data consistent with quality 

assurance guidelines developed cooperatively with the States 

and the Secretary approves such certification. 

(d) FEDERAL SHARE.—The Federal share of the cost of a project 

carried out using funds subject to subsection (a) shall be matched 

in accordance with section 120(b) unless the Secretary determines 

that the interests of the surface transportation program would be 

best served without such matching. 

* * * * * * * 

ø§ 507. Surface transportation-environment cooperative research program 

ø(a) IN GENERAL.—The Secretary shall establish and carry out a 

surface transportation-environment cooperative research program. 

ø(b) CONTENTS.—The program to be carried out under this section shall include research designed— 

ø(1) to develop more accurate models for evaluating transportation control measures and transportation system designs 

that are appropriate for use by State and local governments, 

including metropolitan planning organizations, in designing 

implementation plans to meet Federal, State, and local environmental requirements; 

ø(2) to improve understanding of the factors that contribute 

to the demand for transportation, including transportation system design, demographic change, land use planning, and communications and other information technologies; 

ø(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate 

analysis of potential alternatives; 

ø(4) to study the relationship between highway density and 

ecosystem integrity, including the impacts of highway density 

on habitat integrity and overall ecosystem health, and develop 

a rapid assessment methodology for use by transportation and 

regulatory agencies in determining the relationship between 

highway density and ecosystem integrity; and 

ø(5) to meet additional priorities as determined by the advisory board established under subsection (c), including recommendations of the National Research Council in the report 

entitled ‘‘Environmental Research Needs in Transportation’’. 

77 

ø(c) ADVISORY BOARD.— ø(1) ESTABLISHMENT.—In consultation with the Secretary of 

Energy, the Administrator of the Environmental Protection 

Agency, and the heads of other appropriate Federal departments and agencies, the Secretary shall establish an advisory 

board to recommend environmental and energy conservation 

research, technology, and technology transfer activities related 

to surface transportation. 

ø(2) MEMBERSHIP.—The advisory board shall include— 

ø(A) representatives of State transportation and environmental agencies; 

ø(B) transportation and environmental scientists and engineers; and 

ø(C) representatives of metropolitan planning organizations, transit operating agencies, and environmental organizations. 

ø(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may make 

grants to, and enter into cooperative agreements with, the National 

Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in 

subsection (b) as the Secretary determines appropriate. 

ø§ 508. Surface transportation research strategic planning 

ø(a) IN GENERAL.—The Secretary shall— 

ø(1) establish a strategic planning process, consistent with 

section 306 of title 5 for the Department of Transportation to 

determine national transportation research and technology development priorities related to surface transportation; 

ø(2) coordinate Federal surface transportation research and 

technology development activities; 

ø(3) measure the results of those activities and how they impact the performance of the surface transportation systems of 

the United States; and 

ø(4) ensure that planning and reporting activities carried out 

under this section are coordinated with all other surface transportation planning and reporting requirements. 

ø(b) IMPLEMENTATION.—The Secretary shall— 

ø(1) provide for the integrated planning, coordination, and 

consultation among the operating administrations of the Department of Transportation, all other Federal agencies with responsibility for surface transportation research and technology 

development, State and local governments, institutions of higher education, industry, and other private and public sector organizations engaged in surface transportation-related research 

and development activities; 

ø(2) ensure that the surface transportation research and 

technology development programs of the Department do not 

duplicate other Federal, State, or private sector research and 

development programs; and 

ø(3) provide for independent validation of the scientific and 

technical assumptions underlying the surface transportation 

research and technology development programs of the Department. 

ø(c) SURFACE TRANSPORTATION RESEARCH AND TECHNOLOGY DEVELOPMENT STRATEGIC PLAN.— 

78 

ø(1) DEVELOPMENT.—The Secretary shall develop an integrated surface transportation research and technology development strategic plan. 

ø(2) CONTENTS.—The plan shall include— 

ø(A) an identification of the general goals and objectives 

of the Department of Transportation for surface transportation research and development; 

ø(B) a description of the roles of the Department and 

other Federal agencies in achieving the goals identified 

under subparagraph (A), in order to avoid unnecessary duplication of effort; 

ø(C) a description of the overall strategy of the Department, and the role of each of the operating administrations 

of the Department, in carrying out the plan over the next 

5 years, including a description of procedures for coordination of the efforts of the Secretary with the efforts of the 

operating administrations of the Department and other 

Federal agencies; 

ø(D) an assessment of how State and local research and 

technology development activities are contributing to the 

achievement of the goals identified under subparagraph 

(A); 

ø(E) details of the surface transportation research and 

technology development programs of the Department, including performance goals, resources needed to achieve 

those goals, and performance indicators as described in 

section 1115(a) of title 31, United States Code, for the next 

5 years for each area of research and technology development; 

ø(F) significant comments on the plan obtained from outside sources; and 

ø(G) responses to significant comments obtained from 

the National Research Council and other advisory bodies, 

and a description of any corrective actions taken pursuant 

to such comments. 

ø(3) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary 

shall enter into an agreement for the review by the National 

Research Council of the details of each— 

ø(A) strategic plan or revision required under section 

306 of title 5; 

ø(B) performance plan required under section 1115 of 

title 31; and 

ø(C) program performance report required under section 

1116, 

with respect to surface transportation research and technology 

development. 

ø(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted under sections 1115 and 1116 of title 31, the Secretary 

shall include— 

ø(A) a summary of the results for the previous fiscal 

year of surface transportation research and technology development programs to which the Department of Transportation contributes, along with— 

79 

ø(i) an analysis of the relationship between those results and the goals identified under paragraph (2)(A); 

and 

ø(ii) a description of the methodology used for assessing the results; and 

ø(B) a description of significant surface transportation 

research and technology development initiatives, if any, 

undertaken during the previous fiscal year that were not 

in the plan developed under paragraph (1), and any significant changes in the plan from the previous year’s plan. 

ø(d) MERIT REVIEW AND PERFORMANCE MEASUREMENT.—Not 

later than 1 year after the date of enactment of this section, the 

Secretary shall transmit to Congress a report describing competitive merit review procedures for use in selecting grantees and contractors in the programs covered by the plan developed under subsection (c) and performance measurement procedures for evaluating 

the programs. 

ø(e) PROCUREMENT PROCEDURES.—The Secretary shall— 

ø(1) develop model procurement procedures that encourage 

the use of advanced technologies; and 

ø(2) develop model transactions for carrying out and coordinating Federal and State surface transportation research and 

technology development activities. 

ø(f) CONSISTENCY WITH GOVERNMENT PERFORMANCE AND RE- SULTS ACT OF 1993.—The plans and reports developed under this 

section shall be consistent with and incorporated as part of the 

plans developed under section 306 of title 5 and sections 1115 and 

1116 of title 31.¿ 

§ 507. Surface Transportation Environment and Planning 

Cooperative Research Program 

(a) IN GENERAL.— 

(1) ESTABLISHMENT.—The Secretary shall establish and support a collaborative, public-private, multimodal surface transportation environment and planning cooperative research and 

development program. 

(2) PROGRAM.—The program established under paragraph (1) 

shall solely carry out research and development called for in the 

Transportation Research Board Special Report 268, entitled 

‘‘Surface Transportation Environmental Research: A Long-Term 

Strategy’’, published in 2002, which included the following research and development areas: 

(A) Human Health. 

(B) Ecology and Natural Systems. 

(C) Environmental and Social Justice. 

(D) Emerging Technologies. 

(E) Land Use. 

(F) Planning and Performance Measures. 

(b) ADMINISTRATION.— (1) AGREEMENT.—The Secretary shall enter into an arrangement with the National Research Council, or another nonprofit 

research organization, such as the Health Effects Institute, to 

administer the program established under subsection (a)(1). 

(2) DISSEMINATION OF RESEARCH AND DEVELOPMENT FINDINGS.—The organization described in paragraph (1) and the DeVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00079 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
80 

partment of Transportation shall proactively disseminate research and development findings under this section to researchers, practitioners, and decisionmakers. 

(c) ADVISORY BOARD.— 

(1) ESTABLISHMENT.—The organization described in subsection (b)(1) shall establish an advisory board. 

(2) MEMBERSHIP.—The advisory board shall be balanced, and 

shall include— 

(A) representatives from pubic interest groups representing the environment; 

(B) representatives of State, regional, and local transportation agencies, including metropolitan planning organizations and transit agencies; 

(C) representatives of State environmental agencies; 

(D) transportation and environmental scientists and engineers; and 

(E) representatives of Federal agencies, including the Department of Transportation, the Environmental Protection 

Agency, and the National Science Foundation. 

(3) RESPONSIBILITIES.—The advisory board shall— 

(A) develop an annual research and development agenda 

to carry out research and development activities described 

in subsection (a)(2); 

(B) solicit research proposals to carry out the research 

and development agenda, and oversee peer review of proposals; 

(C) develop project selection criteria through an open and 

public consultation process with stakeholders; and 

(D) select projects for funding. 

(4) CRITERIA.—In developing criteria, the advisory board 

shall give priority to proposals that— 

(A) are designed to develop fundamental knowledge; 

(B) are interdisciplinary and involve partnerships; and 

(C) include significant matching funds. 

(d) PROJECT FUNDING.—In addition to using funds authorized for 

this section, the organization described in subsection (b)(1) is encouraged to seek and accept additional funding sources from public 

and private entities. 

(e) ANNUAL REPORT.—The organization described in subsection 

(b)(1) shall prepare and transmit to the Secretary and the Congress 

an annual report that includes a project summary for every project 

funded under this section. Each summary shall describe the project, 

summarize its status and funding levels, and identify sources of 

funding. 

§ 508. Transportation research and development strategic 

planning 

(a) IN GENERAL.— 

(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the Surface Transportation Research and Development Act of 2004, the Secretary shall develop a 5-year transportation research and development strategic plan to guide Federal 

transportation research and development activities. This plan 

shall be consistent with section 306 of title 5, sections 1115 and 

81 

1116 of title 31, and any other research and development plan 

within the Department of Transportation. 

(2) CONTENTS.—The strategic plan developed under paragraph (1) shall— 

(A) describe the primary purposes of the transportation 

research and development program, which shall include, at 

a minimum— 

(i) reducing congestion and improving mobility; 

(ii) promoting safety; 

(iii) promoting security; 

(iv) protecting and enhancing the environment; 

(v) preserving the existing transportation system; and 

(vi) improving the durability and extending the life 

of transportation infrastructure; 

(B) for each purpose, list the primary research and development topics that the Department intends to pursue to accomplish that purpose, which may include the fundamental 

research in the physical and natural sciences, applied research, technology development, and social science research 

intended for each topic; and 

(C) for each research and development topic, describe— 

(i) the anticipated annual funding levels for the period covered by the strategic plan; and 

(ii) the additional information the Department expects to gain at the end of the period covered by the 

strategic plan as a result of the research and development in that topic area. 

(3) CONSIDERATIONS.—In developing the strategic plan, the 

Secretary shall ensure that the plan— 

(A) reflects input from a wide range of stakeholders; 

(B) includes and integrates the research and development 

programs of all the Department’s operating administrations, including aviation, transit, rail, and maritime; and 

(C) takes into account how research and development by 

other Federal, State, private sector, and not-for-profit institutions contributes to the achievement of the purposes identified under paragraph (2)(A), and avoids unnecessary duplication with these efforts. 

(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted 

under sections 1115 and 1116 of title 31, the Secretary shall include— 

(A) a summary of the Federal transportation research 

and development activities for the previous fiscal year in 

each topic area; 

(B) the amount of funding spent in each topic area; 

(C) a description of the extent to which the research and 

development is meeting the expectations set forth in paragraph (2)(C)(ii); and 

(D) any amendments to the strategic plan. 

(b) ANNUAL REPORT.—The Secretary shall submit to Congress an 

annual report, along with the President’s annual budget request, describing the amount spent in the last completed fiscal year on transportation research and development and the amount proposed in the 

current budget for transportation research and development. 

82 

(c) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall 

enter into an agreement for the review by the National Research 

Council of the details of each— 

(1) strategic plan under section 508; 

(2) performance plan required under section 1115 of title 31; 

and 

(3) program performance report required under section 1116 

of title 31, 

with respect to transportation research and development. 

§ 509. Future Strategic Highway Research Program 

(a) ESTABLISHMENT.—The Secretary, in consultation with the 

American Association of State Highway and Transportation Officials, shall establish and support a grant program to be known as 

the Future Strategic Highway Research Program. 

(b) PROGRAM.—The program established under this section shall 

implement the Transportation Research Board Special Report 260, 

entitled ‘‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life’’, which included the following research areas: 

(1) Accelerating the renewal of America’s highways. 

(2) Making a significant improvement in highway safety. 

(3) Providing a highway system with reliable travel times. 

(4) Providing highway capacity in support of the Nation’s economic, environmental, multi-modal transportation, and social 

goals. 

(c) ADMINISTRATION.—The Secretary shall enter into an arrangement with the National Research Council to administer the program 

established under subsection (a). 

(d) PERIOD OF AVAILABILITY.—Funds set aside to carry out this 

section shall remain available for the fiscal year for which such 

funds are made available and the three succeeding fiscal years. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of Transportation from the Highway Trust Fund, for each of fiscal years 2004 through 2009, 

$75,000,000 to carry out this section. 

(f) PROGRAM ADMINISTRATION.—In carrying out the program 

under this section, the Secretary, through the agreement with the 

National Research Council, shall ensure that the selection of awards 

shall be based on open competition and peer review, and that a balanced group of stakeholders is represented on all committees and 

panels established to implement the program. Proposals that involve 

partnerships and include significant matching funds shall be encouraged, although no matching funds are required. 

(g) PROGRAMMATIC EVALUATIONS.—Within 3 years after the first 

research and development project grants, cooperative agreements, or 

contracts are awarded under this section, the Comptroller General 

shall review the program under this section, and recommend improvements. The review shall assess the degree to which projects 

funded under this section have addressed the research and development topics identified in the Transportation Research Board Special 

Report 260, including identifying those topics which have not yet 

been addressed. 

(h) ANNUAL PROGRESS AND PERFORMANCE REPORT.—The National Research Council shall produce an annual progress and perVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00082 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
83 

formance report for the program under this section. The report shall 

summarize the status, funding, and sponsors of all funded projects 

by the research and development areas specified in subsection (b). 

The report shall be submitted to the Secretary, to the Committee on 

Transportation and Infrastructure and the Committee on Science of 

the House of Representatives, and to the Committee on Environment 

and Public Works of the Senate. 

§ 510. National cooperative freight transportation research 

and development program 

(a) ESTABLISHMENT.—The Secretary shall establish and support a 

national cooperative freight transportation research and development program. The program shall focus on all forms of freight 

transportation, including trucking and rail. 

(b) AGREEMENT.—The Secretary shall enter into an arrangement 

with the National Research Council to support and carry out administrative and management activities relating to the governance 

of the national cooperative freight transportation research and development program. 

(c) ADVISORY COMMITTEE.—The National Research Council shall 

select an advisory committee consisting of a representative cross-section of freight stakeholders, including the Department of Transportation, other Federal agencies, State transportation departments, 

local governments, the American Association of State Highway and 

Transportation Officials and other nonprofit entities (including environmental groups), academia, and the private sector. 

(d) GOVERNANCE.—The national cooperative freight transportation research and development program established under this 

section shall include the following administrative and management 

elements: 

(1) NATIONAL RESEARCH AND DEVELOPMENT AGENDA.—The 

advisory committee, in consultation with stakeholders, shall 

recommend a national research and development agenda for the 

national cooperative freight transportation research and development program. The national research and development agenda shall include a multi-year strategic plan. 

(2) STAKEHOLDER INVOLVEMENT.—Stakeholders may— 

(A) submit research and development proposals to the advisory committee; 

(B) participate in merit reviews of research and development proposals and peer reviews of research and development products; and 

(C) receive research and development results. 

(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH AND

DEVELOPMENT PROPOSALS.—The National Research Council 

shall award research and development contracts and grants 

through open competition and peer review conducted on a regular basis. 

(4) EVALUATION OF RESEARCH.— 

(A) PEER REVIEW.—Research and development contracts 

and grants shall allow peer review of the research and development results. 

(B) PROGRAMMATIC EVALUATIONS.—The National Research Council may conduct periodic programmatic evaluations on a regular basis. 

84 

(5) DISSEMINATION OF RESEARCH FINDINGS.—The National 

Research Council shall disseminate research and development 

findings to researchers, practitioners, and decisionmakers. 

(e) CONTENTS.—The national research and development agenda 

for the national cooperative freight transportation research and development program required under subsection (d)(1) may include research and development in the following areas: 

(1) Techniques for estimating and quantifying public benefits 

derived from freight transportation projects. 

(2) Alternative approaches to calculating the contribution of 

truck traffic to congestion on specific highway segments. 

(3) The feasibility of freight villages as a means of consolidating origins and destinations for freight movement. 

(4) Methods for incorporating estimates of international trade 

into landside transportation planning. 

(5) The use of technology applications to increase capacity of 

highway lanes dedicated to truck-only traffic. 

(6) Development of physical and policy alternatives for separating car and truck traffic. 

(7) Ways to synchronize infrastructure improvements with 

freight transportation demand. 

(8) Additional priorities to identify and address the emerging 

and future research and development needs related to freight 

transportation. 

(f) FUNDING.— 

(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using such funds shall be up to 100 percent, 

and such funds shall remain available until expended. 

(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds 

authorized for this section, the National Research Council may 

seek and accept additional funding sources from public and private entities capable of accepting funding from the United 

States Department of Transportation (Federal Highway Administration, Federal Transit Administration, Federal Railroad Administration, Research and Special Programs Administration, 

and the National Highway Traffic Safety Administration), 

states, local governments, nonprofit foundations, and the private sector. 

TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE V—TRANSPORTATION RESEARCH 

* * * * * * * 

øSubtitle C—Intelligent Transportation Systems 

øSec. 5201. Short title. 

øSec. 5202. Findings. 

øSec. 5203. Goals and purposes. 

øSec. 5204. General authorities and requirements. 

85 

øSec. 5205. National ITS program plan. 

øSec. 5206. National architecture and standards. 

øSec. 5207. Research and development. 

øSec. 5208. Intelligent transportation system integration program. 

øSec. 5209. Commercial vehicle intelligent transportation system infrastructure deployment. 

øSec. 5210. Use of funds. 

øSec. 5211. Definitions. 

øSec. 5212. Project funding. 

øSec. 5213. Repeal.¿ 

Subtitle C—Intelligent Transportation Systems 

Sec. 5201. Short title. 

Sec. 5202. Goals and purposes. 

Sec. 5203. General authorities and requirements. 

Sec. 5204. Using information from intelligent transportation systems. 

Sec. 5205. National architecture and standards. 

Sec. 5206. Research and development. 

Sec. 5207. Use of funds. 

Sec. 5208. Definitions. 

* * * * * * * 

TITLE V—TRANSPORTATION RESEARCH 

* * * * * * * 

Subtitle B—Research and Technology 

* * * * * * * 

SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL 

INFORMATION TECHNOLOGIES. 

(a) * * * 

ø(b) PROGRAM STAGES.— 

ø(1) FIRST STAGE.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall establish a national policy for the use of commercial remote sensing products 

and spatial information technologies in national transportation 

infrastructure development and construction. 

ø(2) SECOND STAGE.—After establishment of the national policy under paragraph (1), the Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national 

policy.¿ 

(b) PROGRAM.— 

(1) NATIONAL POLICY.—The Secretary shall establish and 

maintain a national policy for the use of commercial remote 

sensing products and geospatial information technologies in national transportation infrastructure development and construction. 

(2) POLICY IMPLEMENTATION.—The Secretary shall develop 

new applications of commercial remote sensing products and 

geospatial information technologies for the implementation of 

the national policy established and maintained under paragraph (1). 

* * * * * * * 

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øSubtitle C—Intelligent Transportation 

Systems 

øSEC. 5201. SHORT TITLE. 

øThis subtitle may be cited as the ‘‘Intelligent Transportation 

Systems Act of 1998’’. 

øSEC. 5202. FINDINGS. 

øCongress finds that— 

ø(1) investments authorized by the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.) 

have demonstrated that intelligent transportation systems can 

mitigate surface transportation problems in a cost-effective 

manner; and 

ø(2) continued investment in architecture and standards development, research, and systems integration is needed to accelerate the rate at which intelligent transportation systems 

are incorporated into the national surface transportation network, thereby improving transportation safety and efficiency 

and reducing costs and negative impacts on communities and 

the environment. 

øSEC. 5203. GOALS AND PURPOSES. 

ø(a) GOALS.—The goals of the intelligent transportation system 

program include— 

ø(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable 

existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, 

and services, and to reduce regulatory, financial, and other 

transaction costs to public agencies and system users; 

ø(2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles 

and nonmotorized vehicles, with particular emphasis on decreasing the number and severity of collisions; 

ø(3) protection and enhancement of the natural environment 

and communities affected by surface transportation, with particular emphasis on assisting State and local governments to 

achieve national environmental goals; 

ø(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, 

passenger vehicles, and motorcycles, and including individuals 

with disabilities; and 

ø(5) improvement of the Nation’s ability to respond to emergencies and natural disasters and enhancement of national defense mobility. 

ø(b) PURPOSES.—The Secretary shall implement activities under 

the intelligent system transportation program to, at a minimum— 

ø(1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for 

consumers of passenger and freight transportation; 

ø(2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation 

systems for full consideration in the transportation planning 

process; 

87 

ø(3) improve regional cooperation and operations planning 

for effective intelligent transportation system deployment; 

ø(4) promote the innovative use of private resources; 

ø(5) develop a workforce capable of developing, operating, 

and maintaining intelligent transportation systems; and 

ø(6) complete deployment of Commercial Vehicle Information 

Systems and Networks in a majority of States by September 

30, 2003. 

øSEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS. 

ø(a) SCOPE.—Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system 

program to research, develop, and operationally test intelligent 

transportation systems and advance nationwide deployment of such 

systems as a component of the surface transportation systems of 

the United States. 

ø(b) POLICY.—Intelligent transportation system operational tests 

and deployment projects funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. 

ø(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDU- CATIONAL ENTITIES.—The Secretary shall carry out the intelligent 

transportation system program in cooperation with State and local 

governments and other public entities, the United States private 

sector, the Federal laboratories, and colleges and universities, including historically black colleges and universities and other minority institutions of higher education. 

ø(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out 

the intelligent transportation system program, the Secretary, as 

appropriate, shall consult with the Secretary of Commerce, the Secretary of the Treasury, the Administrator of the Environmental 

Protection Agency, the Director of the National Science Foundation, 

and the heads of other Federal departments and agencies. 

ø(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—The 

Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, 

maintain, or evaluate intelligent transportation system technologies and services. 

ø(f) TRANSPORTATION PLANNING.—The Secretary may provide 

funding to support adequate consideration of transportation system 

management and operations, including intelligent transportation 

systems, within metropolitan and statewide transportation planning processes. 

ø(g) INFORMATION CLEARINGHOUSE.— 

ø(1) IN GENERAL.—The Secretary shall— 

ø(A) maintain a repository for technical and safety data 

collected as a result of federally sponsored projects carried 

out under this subtitle; and 

ø(B) on request, make that information (except for proprietary information and data) readily available to all 

users of the repository at an appropriate cost. 

ø(2) DELEGATION OF AUTHORITY.— 

ø(A) IN GENERAL.—The Secretary may delegate the responsibility of the Secretary under this subsection, with 

continuing oversight by the Secretary, to an appropriate 

entity not within the Department of Transportation. 

88 

ø(B) FEDERAL ASSISTANCE.—If the Secretary delegates 

the responsibility, the entity to which the responsibility is 

delegated shall be eligible for Federal assistance under 

this section. 

ø(h) ADVISORY COMMITTEES.— ø(1) IN GENERAL.—In carrying out this subtitle, the Secretary may use 1 or more advisory committees. 

ø(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— Any advisory committee so used shall be subject to the Federal 

Advisory Committee Act (5 U.S.C. App.). 

ø(i) PROCUREMENT METHODS.— ø(1) TECHNICAL ASSISTANCE.—The Secretary shall develop 

appropriate technical assistance and guidance to assist State 

and local agencies in evaluating and selecting appropriate 

methods of procurement for intelligent transportation system 

projects carried out using funds made available from the Highway Trust Fund, including innovative and nontraditional 

methods such as the Information Technology Omnibus Procurement. 

ø(2) INTELLIGENT TRANSPORTATION SYSTEM SOFTWARE.—To 

the maximum extent practicable, contracting officials shall use 

as a critical evaluation criterion the Software Engineering Institute’s Capability Maturity Model, or another similar recognized standard risk assessment methodology, to reduce the 

cost, schedule, and performance risks associated with the development, management, and integration of intelligent transportation system software. 

ø(j) EVALUATIONS.— ø(1) GUIDELINES AND REQUIREMENTS.— 

ø(A) IN GENERAL.—The Secretary shall issue guidelines 

and requirements for the evaluation of operational tests 

and deployment projects carried out under this subtitle. 

ø(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines 

and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent 

conflict of interest or potential influence on the outcome by 

parties to any such test or deployment project or by any 

other formal evaluation carried out under this subtitle. 

ø(C) FUNDING.—The guidelines and requirements issued 

under subparagraph (A) shall establish evaluation funding 

levels based on the size and scope of each test or project 

that ensure adequate evaluation of the results of the test 

or project. 

ø(2) SPECIAL RULE.—Any survey, questionnaire, or interview 

that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of 

title 44. 

ø(k) USE OF RIGHTS-OF-WAY.—Intelligent transportation system 

projects specified in section 5117(b)(3) and 5117(b)(6) and involving 

privately owned intelligent transportation system components that 

is carried out using funds made available from the Highway Trust 

Fund shall not be subject to any law or regulation of a State or political subdivision of a State prohibiting or regulating commercial 

89 

activities in the rights-of-way of a highway for which Federal-aid 

highway funds have been utilized for planning, design, construction, or maintenance, if the Secretary of Transportation determines 

that such use is in the public interest. Nothing in this subsection 

shall affect the authority of a State or political subdivision of a 

State to regulate highway safety. 

øSEC. 5205. NATIONAL ITS PROGRAM PLAN. 

ø(a) IN GENERAL.— 

ø(1) UPDATES.—The Secretary shall maintain and update, as 

necessary, the National ITS Program Plan developed by the 

Department of Transportation and the Intelligent Transportation Society of America. 

ø(2) SCOPE.—The National ITS Program Plan shall— 

ø(A) specify the goals, objectives, and milestones for the 

research and deployment of intelligent transportation systems in the context of major metropolitan areas, smaller 

metropolitan and rural areas, and commercial vehicle operations; 

ø(B) specify how specific programs and projects will 

achieve the goals, objectives, and milestones referred to in 

subparagraph (A), including consideration of the 5- and 10- 

year timeframes for the goals and objectives; 

ø(C) identify activities that provide for the dynamic development of standards and protocols to promote and ensure interoperability in the implementation of intelligent 

transportation system technologies, including actions 

taken to establish critical standards; and 

ø(D) establish a cooperative process with State and local 

governments for determining desired surface transportation system performance levels and developing plans for 

incorporation of specific intelligent transportation system 

capabilities into surface transportation systems. 

ø(b) REPORTING.—The plan described in subsection (a) shall be 

transmitted and updated as part of the Surface Transportation Research and Development Strategic Plan developed under section 

508 of title 23, United States Code. 

øSEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS. 

ø(a) IN GENERAL.— 

ø(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.— 

Consistent with section 12(d) of the National Technology 

Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 

110 Stat. 783), the Secretary shall develop, implement, and 

maintain a national architecture and supporting standards and 

protocols to promote the widespread use and evaluation of intelligent transportation system technology as a component of 

the surface transportation systems of the United States. 

ø(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum 

extent practicable, the national architecture shall promote 

interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United 

States. 

ø(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In 

carrying out this section, the Secretary may use the services of 

90 

such standards development organizations as the Secretary determines to be appropriate. 

ø(b) REPORT ON CRITICAL STANDARDS.—Not later than June 1, 

1999, the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Science of 

the House of Representatives identifying which standards are critical to ensuring national interoperability or critical to the development of other standards and specifying the status of the development of each standard identified. 

ø(c) PROVISIONAL STANDARDS.— ø(1) IN GENERAL.—If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional 

standard after consultation with affected parties, and using, to 

the extent practicable, the work product of appropriate standards development organizations. 

ø(2) CRITICAL STANDARDS.—If a standard identified as critical in the report under subsection (b) is not adopted and published by the appropriate standards development organization 

by January 1, 2001, the Secretary shall establish a provisional 

standard after consultation with affected parties, and using, to 

the extent practicable, the work product of appropriate standards development organizations. 

ø(3) PERIOD OF EFFECTIVENESS.—A provisional standard established under paragraph (1) or (2) shall be published in the 

Federal Register and remain in effect until the appropriate 

standards development organization adopts and publishes a 

standard. 

ø(d) WAIVER OF REQUIREMENT TO ESTABLISH PROVISIONAL

STANDARD.— 

ø(1) IN GENERAL.—The Secretary may waive the requirement 

under subsection (c)(2) to establish a provisional standard if 

the Secretary determines that additional time would be productive or that establishment of a provisional standard would 

be counterproductive to achieving the timely achievement of 

the objectives identified in subsection (a). 

ø(2) NOTICE.—The Secretary shall publish in the Federal 

Register a notice describing each standard for which a waiver 

of the provisional standard requirement has been granted, the 

reasons for and effects of granting the waiver, and an estimate 

as to when the standard is expected to be adopted through a 

process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 

note; 110 Stat. 783). 

ø(3) WITHDRAWAL OF WAIVER.—At any time the Secretary 

may withdraw a waiver granted under paragraph (1). Upon 

such withdrawal, the Secretary shall publish in the Federal 

Register a notice describing each standard for which a waiver 

has been withdrawn and the reasons for withdrawing the waiver. 

ø(e) CONFORMITY WITH NATIONAL ARCHITECTURE.— 

ø(1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), the Secretary shall ensure that intelligent transportation 

91 

system projects carried out using funds made available from 

the Highway Trust Fund, including funds made available 

under this subtitle to deploy intelligent transportation system 

technologies, conform to the national architecture, applicable 

standards or provisional standards, and protocols developed 

under subsection (a). 

ø(2) SECRETARY’S DISCRETION.—The Secretary may authorize 

exceptions to paragraph (1) for— 

ø(A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under 

section 5205 or the Surface Transportation Research and 

Development Strategic Plan developed under section 508 of 

title 23, United States Code; or 

ø(B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this 

subtitle, if the Secretary determines that the upgrade or 

expansion— 

ø(i) would not adversely affect the goals or purposes 

of this subtitle; 

ø(ii) is carried out before the end of the useful life 

of such system; and 

ø(iii) is cost-effective as compared to alternatives 

that would meet the conformity requirement of paragraph (1). 

ø(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds 

used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subtitle. 

ø(f) SPECTRUM.—The Federal Communications Commission shall 

consider, in consultation with the Secretary, spectrum needs for the 

operation of intelligent transportation systems, including spectrum 

for the dedicated short-range vehicle-to-wayside wireless standard. 

Not later than January 1, 2000, the Federal Communications Commission shall have completed a rulemaking considering the allocation of spectrum for intelligent transportation systems. 

øSEC. 5207. RESEARCH AND DEVELOPMENT. 

ø(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary to carry out this subtitle. 

ø(b) PRIORITY AREAS.—Under the program, the Secretary shall 

give higher priority to funding projects that— 

ø(1) address traffic management, incident management, 

transit management, toll collection, traveler information, or 

highway operations systems; 

ø(2) focus on crash-avoidance and integration of in-vehicle 

crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts; 

ø(3) incorporate human factors research, including the 

science of the driving process; 

ø(4) facilitate the integration of intelligent infrastructure, vehicle, and control technologies, including magnetic guidance 

control systems or other materials or magnetics research; or 

92 

ø(5) incorporate research on the impact of environmental, 

weather, and natural conditions on intelligent transportation 

systems, including the effects of cold climates. 

ø(c) OPERATIONAL TESTS.—Operational tests conducted under 

this section shall be designed for the collection of data to permit 

objective evaluation of the results of the tests, derivation of costbenefit information that is useful to others contemplating deployment of similar systems, and development and implementation of 

standards. 

ø(d) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. 

øSEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION 

PROGRAM. 

ø(a) IN GENERAL.—The Secretary shall conduct a comprehensive 

program to accelerate the integration and interoperability of intelligent transportation systems in metropolitan and rural areas. 

Under the program, the Secretary shall select for funding, through 

competitive solicitation, projects that will serve as models to improve transportation efficiency, promote safety (including safe 

freight movement), increase traffic flow (including the flow of intermodal travel at ports of entry), reduce emissions of air pollutants, 

improve traveler information, enhance alternative transportation 

modes, build on existing intelligent transportation system projects, 

or promote tourism. 

ø(b) SELECTION OF PROJECTS.—Under the program, the Secretary 

shall give priority to funding projects that— 

ø(1) contribute to national deployment goals and objectives 

outlined in the National ITS Program Plan under section 5205; 

ø(2) demonstrate a strong commitment to cooperation among 

agencies, jurisdictions, and the private sector, as evidenced by 

signed memoranda of understanding that clearly define the responsibilities and relations of all parties to a partnership arrangement, including institutional relationships and financial 

agreements needed to support deployment; 

ø(3) encourage private sector involvement and financial commitment, to the maximum extent practicable, through innovative financial arrangements, especially public-private partnerships, including arrangements that generate revenue to offset 

public investment costs; 

ø(4) demonstrate commitment to a comprehensive plan of 

fully integrated intelligent transportation system deployment 

in accordance with the national architecture and standards 

and protocols established under section 5206; 

ø(5) are part of approved plans and programs developed 

under applicable statewide and metropolitan transportation 

planning processes and applicable State air quality implementation plans, as appropriate, at the time at which Federal 

funds are sought; 

ø(6) minimize the relative percentage and amount of Federal 

contributions under this section to total project costs; 

ø(7) ensure continued, long-term operations and maintenance without continued reliance on Federal funding under 

this subtitle, as evidenced by documented evidence of fiscal caVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00092 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
93 

pacity and commitment from anticipated public and private 

sources; 

ø(8) demonstrate technical capacity for effective operations 

and maintenance or commitment to acquiring necessary skills; 

ø(9) mitigate any adverse impacts on bicycle and pedestrian 

transportation and safety; or 

ø(10) in the case of a rural area, meet other safety, mobility, 

geographic and regional diversity, or economic development criteria as determined by the Secretary. 

ø(c) FISCAL YEAR LIMITATIONS.—Of the amounts made available 

to carry out this section for a fiscal year— 

ø(1) not more that $15,000,000 may be used for projects in 

a single metropolitan area; 

ø(2) not more than $2,000,000 may be used for projects in a 

single rural area; and 

ø(3) not more than $35,000,000 may be used for projects in 

a State. 

ø(d) FUNDING LIMITATIONS.— ø(1) PROJECTS IN METROPOLITAN AREAS.—Funding under this 

section for intelligent transportation infrastructure projects in 

metropolitan areas shall be used primarily for activities necessary to integrate intelligent transportation infrastructure 

elements that are either deployed or to be deployed with other 

sources of funds. 

ø(2) OTHER PROJECTS.—For projects outside metropolitan 

areas, funding provided under this subtitle may also be used 

for installation of intelligent transportation infrastructure elements. 

ø(e) FUNDING FOR RURAL AREAS.—The Secretary shall allocate 

not less than 10 percent of funds authorized by section 

5001(c)(4)(A) in rural areas for intelligent transportation infrastructure deployment activities funded under this section to carry 

out intelligent transportation infrastructure deployment activities 

in rural areas. 

ø(f) FEDERAL SHARE.— ø(1) FUNDS MADE AVAILABLE UNDER THIS SECTION.—The Federal share of the cost of a project payable from funds made 

available under this section shall not exceed 50 percent. 

ø(2) FUNDS MADE AVAILABLE FROM ALL FEDERAL SOURCES.— The total Federal share of the cost of a project payable from 

all eligible sources (including this section) shall not exceed 80 

percent. 

ø(g) CORRIDOR DEVELOPMENT AND COORDINATION.— 

ø(1) IN GENERAL.—The Secretary shall encourage multistate 

cooperative agreements, coalitions, or other arrangements intended to promote regional cooperation, planning, and shared 

project implementation for intelligent transportation system 

projects. 

ø(2) GREAT LAKES ITS IMPLEMENTATION.— ø(A) IN GENERAL.—The Secretary shall make grants 

under this subsection to the State of Wisconsin to continue 

ITS activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, 

areas initiated under the Intermodal Surface Transportation Efficiency Act of 1991 and other areas of the State. 

94 

ø(B) FUNDING.—Of the amounts made available for each 

of fiscal years 1998 through 2003 under section 

5001(c)(4)(A) of this Act, $2,000,000 per fiscal year shall be 

available to carry out this paragraph. 

ø(3) NORTHEAST ITS IMPLEMENTATION.— ø(A) IN GENERAL.—The Secretary shall make grants 

under this subsection to the States to continue ITS activities in the Interstate Route I–95 corridor in the northeastern United States initiated under the Intermodal Surface Transportation Efficiency Act of 1991. 

ø(B) FUNDING.—Of the amounts made available for each 

of fiscal years 1998 through 2003 under section 

5001(c)(4)(A) of this Act, $5,000,000 per fiscal year shall be 

available to carry out this paragraph. 

øSEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION 

SYSTEM INFRASTRUCTURE DEPLOYMENT. 

ø(a) IN GENERAL.—The Secretary shall carry out a comprehensive program to deploy intelligent transportation systems that— 

ø(1) improve the safety and productivity of commercial vehicles and drivers; and 

ø(2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements. 

ø(b) PURPOSE.—The program shall advance the technological capability and promote the deployment of intelligent transportation 

system applications to commercial vehicle operations, including 

commercial vehicle, commercial driver, and carrier-specific information systems and networks. 

ø(c) PRIORITY AREAS.—In carrying out the program, the Secretary shall give priority to projects that— 

ø(1) encourage multistate cooperation and corridor development; 

ø(2)(A) improve the safety of commercial vehicle operations; 

and 

ø(B) increase the efficiency of regulatory inspection processes 

to reduce administrative burdens by advancing technology to 

facilitate inspections and generally increase the effectiveness of 

enforcement efforts; 

ø(3)(A) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; and 

ø(B) promote communication of the information among the 

States; or 

ø(4) enhance the safe passage of commercial vehicles across 

the United States and across international borders. 

ø(d) LEVERAGING OF FEDERAL FUNDS.—Federal funds used to 

carry out the program shall, to the maximum extent practicable— 

ø(1) be leveraged with non-Federal funds; and 

ø(2) be used for activities not carried out through the use of 

private funds. 

ø(e) FEDERAL SHARE.—The Federal share of the cost of the 

project payable from funds made available to carry out this section 

shall not exceed 50 percent. The total Federal share of the cost of 

the project payable from all eligible sources shall not exceed 80 percent. 

95 

øSEC. 5210. USE OF FUNDS. 

ø(a) OUTREACH AND PUBLIC RELATIONS LIMITATION.— 

ø(1) IN GENERAL.—For each fiscal year, not more than 

$5,000,000 of the funds made available to carry out this subtitle shall be used for intelligent transportation system outreach, public relations, displays, scholarships, tours, and brochures. 

ø(2) APPLICABILITY.—Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, technical guidance, or similar 

documents. 

ø(b) INFRASTRUCTURE DEVELOPMENT.—Funds made available to 

carry out this subtitle for operational tests and deployment 

projects— 

ø(1) shall be used primarily for the development of intelligent transportation system infrastructure; and 

ø(2) to the maximum extent practicable, shall not be used for 

the construction of physical highway and transit infrastructure 

unless the construction is incidental and critically necessary to 

the implementation of an intelligent transportation system 

project. 

ø(c) LIFE CYCLE COST ANALYSIS AND FINANCING AND OPERATIONS

PLAN.—The Secretary shall require an applicant for funds made 

available under sections 5208 and 5209 to submit to the Secretary— 

ø(1) an analysis of the life-cycle costs of operation and maintenance of intelligent transportation system elements, if the 

total initial capital costs of the elements exceed $3,000,000; 

and 

ø(2) a multiyear financing and operations plan that describes 

how the project will be cost-effectively operated and maintained. 

ø(d) USE OF INNOVATIVE FINANCING.— 

ø(1) IN GENERAL.—The Secretary may use up to 25 percent 

of the funds made available to carry out this subtitle to make 

available loans, lines of credit, and loan guarantees for projects 

that are eligible for assistance under this subtitle and that 

have significant intelligent transportation system elements. 

ø(2) CONSISTENCY WITH OTHER LAW.—Credit assistance described in paragraph (1) shall be made available in a manner 

consistent with the Transportation Infrastructure Finance and 

Innovation Act of 1998. 

øSEC. 5211. DEFINITIONS. 

øIn this subtitle, the following definitions apply: 

ø(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.—The term ‘‘Commercial Vehicle Information Systems 

and Networks’’ means the information systems and communications networks that support commercial vehicle operations. 

ø(2) COMMERCIAL VEHICLE OPERATIONS.—The term ‘‘commercial vehicle operations’’— 

ø(A) means motor carrier operations and motor vehicle 

regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and 

96 

ø(B) with respect to the public sector, includes the 

issuance of operating credentials, the administration of 

motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations. 

ø(3) CORRIDOR.—The term ‘‘corridor’’ means any major transportation route that includes parallel limited access highways, 

major arterials, or transit lines. 

ø(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The 

term ‘‘intelligent transportation infrastructure’’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary. 

ø(5) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘‘intelligent transportation system’’ means electronics, communications, or information processing used singly or in combination 

to improve the efficiency or safety of a surface transportation 

system. 

ø(6) NATIONAL ARCHITECTURE.—The term ‘‘national architecture’’ means the common framework for interoperability adopted by the Secretary that defines— 

ø(A) the functions associated with intelligent transportation system user services; 

ø(B) the physical entities or subsystems within which 

the functions reside; 

ø(C) the data interfaces and information flows between 

physical subsystems; and 

ø(D) the communications requirements associated with 

the information flows. 

ø(7) STANDARD.—The term ‘‘standard’’ means a document 

that— 

ø(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be 

used consistently as rules, guidelines, or definitions of 

characteristics so as to ensure that materials, products, 

processes, and services are fit for their purposes; and 

ø(B) may support the national architecture and promote— 

ø(i) the widespread use and adoption of intelligent 

transportation system technology as a component of 

the surface transportation systems of the United 

States; and 

ø(ii) interoperability among intelligent transportation system technologies implemented throughout 

the States. 

ø(8) STATE.—The term ‘‘State’’ has the meaning given the 

term under section 101 of title 23, United States Code. 

øSEC. 5212. PROJECT FUNDING. 

ø(a) USE OF HAZARDOUS MATERIALS MONITORING SYSTEMS.— 

ø(1) IN GENERAL.—The Secretary shall conduct research on 

improved methods of deploying and integrating existing ITS 

projects to include hazardous materials monitoring systems 

across various modes of transportation. 

ø(2) FUNDING.—Of the amounts made available for each of 

fiscal years 1998 through 2003 by section 5001(a)(6) of this Act, 

97 

$1,500,000 per fiscal year shall be available to carry out this 

paragraph. 

ø(b) OUTREACH AND TECHNOLOGY TRANSFER ACTIVITIES.— 

ø(1) IN GENERAL.—The Secretary shall continue to support 

the Urban Consortium’s ITS outreach and technology transfer 

activities. 

ø(2) FUNDING.—Of the amounts made available for each of 

fiscal years 1998 through 2003 by section 5001(a)(5) of this Act, 

$500,000 per fiscal year shall be available to carry out this 

paragraph. 

ø(c) TRANSLINK.— 

ø(1) IN GENERAL.—The Secretary shall make grants to the 

Texas Transportation Institute to continue the Translink Research program. 

ø(2) FUNDING.—Of the amounts allocated for each of fiscal 

years 1999 through 2001 by section 5001(a)(6) of this Act, 

$1,300,000 per fiscal year shall be available to carry out this 

paragraph.¿ 

Subtitle C—Intelligent Transportation 

Systems 

SEC. 5201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Intelligent Transportation Systems Act of 2004’’. 

SEC. 5202. GOALS AND PURPOSES. 

(a) GOALS.—The goals of the intelligent transportation system 

program include— 

(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and 

services, and to reduce regulatory, financial, and other transaction costs to public agencies and system users; 

(2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and 

nonmotorized vehicles, with particular emphasis on decreasing 

the number and severity of collisions; 

(3) protection and enhancement of the natural environment 

and communities affected by surface transportation, with particular emphasis on assisting State and local governments to 

achieve national environmental goals; 

(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, 

passenger vehicles, motorcycles, and bicycles, and including pedestrians and individuals with disabilities; and 

(5) improvement of the Nation’s ability to respond to security 

related or other man-made emergencies and natural disasters, 

and enhancement of national defense mobility. 

(b) PURPOSES.—The Secretary shall implement activities under 

the intelligent transportation system program to, at a minimum— 

(1) develop and test emerging technologies to meet the goals 

described in subsection (a); 

98 

(2) expedite deployment and ensure integration and interoperability of proven intelligent transportation systems; 

(3) analyze the likelihood of utilization of intelligent transportation system technologies by the intended user community; 

(4) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process; 

(5) improve regional cooperation and operations planning for 

effective intelligent transportation system deployment; 

(6) promote the innovative use of private resources; 

(7) develop a workforce capable of developing, operating, and 

maintaining intelligent transportation systems; and 

(8) evaluate costs and benefits of intelligent transportation 

systems projects. 

SEC. 5203. GENERAL AUTHORITIES AND REQUIREMENTS. 

(a) SCOPE.—Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system 

program to research, develop, and operationally test intelligent 

transportation systems and advance nationwide deployment of proven systems through research on barriers to deployment as a component of the surface transportation systems of the United States. 

(b) POLICY.—Intelligent transportation system research, development, operational tests, and deployment projects funded pursuant to 

this subtitle shall encourage and not displace public-private partnerships or private sector investment in such research and development tests and projects. 

(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDU- CATIONAL ENTITIES.—The Secretary shall carry out the intelligent 

transportation system program in cooperation with State and local 

governments and other public entities, the United States private sector, federally funded research and development centers, and colleges 

and universities, including historically black colleges and universities and other minority institutions of higher education. 

(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out 

the intelligent transportation system program, the Secretary, as appropriate, may consult with the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, the Director of 

the National Science Foundation, and the heads of other Federal 

departments and agencies. 

(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—The 

Secretary shall provide technical assistance, training, and information to State and local governments seeking to implement, operate, 

maintain, or evaluate intelligent transportation system technologies 

and services. 

(f) TRANSPORTATION PLANNING.—The Secretary may provide 

funding to support adequate consideration of transportation system 

management and operations within metropolitan and statewide 

transportation planning processes. 

(g) INFORMATION CLEARINGHOUSE.— 

(1) IN GENERAL.—The Secretary shall— 

(A) maintain a repository for technical and safety data 

collected as a result of federally sponsored projects carried 

out under this subtitle; and 

99 

(B) make that information (except for proprietary information and data) readily available to all users of the repository. 

(2) AGREEMENT.— 

(A) IN GENERAL.—The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). 

(B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary 

delegates responsibility under subparagraph (A), the entity 

to which the responsibility is delegated shall be eligible for 

Federal financial assistance under this section. 

(h) ADVISORY COMMITTEE.— 

(1) IN GENERAL.—The Secretary shall establish an Advisory 

Committee to advise the Secretary on carrying out this subtitle. 

(2) MEMBERSHIP.—The Advisory Committee shall have no 

more than 20 members, be balanced between metropolitan and 

rural interests, and include, at a minimum— 

(A) a representative from a State highway department; 

(B) a representative from a local highway department 

who is not from a metropolitan planning organization; 

(C) a representative from a State, local, or regional transit agency; 

(D) a representative from a metropolitan planning organization; 

(E) a private sector user of intelligent transportation system technologies; 

(F) an academic researcher with expertise in computer 

science or another information science field related to intelligent transportation systems, and who is not an expert on 

transportation issues; 

(G) an academic researcher who is a civil engineer; 

(H) an academic researcher who is a social scientist with 

expertise in transportation issues; 

(I) a representative from a not-for-profit group representing the intelligent transportation system industry; 

(J) a representative from a public interest group concerned with safety; 

(K) a representative from a public interest group concerned with the impact of the transportation system on 

land use and residential patterns; and 

(L) members with expertise in planning, safety, and operations. 

(3) DUTIES.—The Advisory Committee shall, at a minimum, 

perform the following duties: 

(A) Provide input into the development of the Intelligent 

Transportation System aspects of the strategic plan under 

section 508 of title 23, United States Code. 

(B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by 

the Department, to determine— 

(i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; 

100 

(ii) whether the intelligent transportation system 

technologies are likely to be deployed by users, and, if 

not, to determine the barriers to deployment; and 

(iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered. 

(4) REPORT.—Not later than February 1 of each year after the 

date of enactment of the Surface Transportation Research and 

Development Act of 2004, the Secretary shall transmit to the 

Committee on Science and the Committee on Transportation 

and Infrastructure of the House of Representatives, and to the 

Committee on Environment and Public Works of the Senate, a 

report including— 

(A) all recommendations made by the Advisory Committee during the preceding calendar year; 

(B) an explanation of how the Secretary has implemented 

those recommendations; and 

(C) for recommendations not implemented, the reasons 

for rejecting the recommendations. 

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

(i) EVALUATIONS.— 

(1) GUIDELINES AND REQUIREMENTS.— 

(A) IN GENERAL.—The Secretary shall issue guidelines 

and requirements for the evaluation of operational tests 

and model deployment projects carried out under this subtitle. 

(B) CONTENT.—Such evaluations shall include specific, 

quantitative measures to determine whether a technology is 

meeting its intended goal. To the maximum extent practicable, these measures shall evaluate the outcome of the 

technology (such as accidents avoided or decreased travel 

times or travel time variability). 

(C) OBJECTIVITY AND INDEPENDENCE.—The guidelines 

and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence 

of the evaluator so as to avoid any real or apparent conflict 

of interest or potential influence on the outcome by parties 

to any such test or deployment project or by any other formal evaluation carried out under this subtitle. 

(D) FUNDING.—The guidelines and requirements issued 

under subparagraph (A) shall establish evaluation funding 

levels, based on the size and scope of each test or project, 

that ensure adequate evaluation of the results of the test or 

project. 

(E) DISSEMINATION.—The Secretary shall make readily 

available through the Internet all information collected 

through evaluations carried out under this subsection. 

(2) SPECIAL RULE.—Any survey, questionnaire, or interview 

that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of 

title 44, United States Code. 

101 

SEC. 5204. USING INFORMATION FROM INTELLIGENT TRANSPORTATION SYSTEMS. 

(a) REPORT.—The Secretary shall prepare a report assessing the 

value of current and anticipated data collected from intelligent 

transportation system technologies to determine whether and how 

that data should be used for real-time traffic management, planning, performance monitoring, program assessment, and policy applications. 

(b) ASSESSMENT.—In preparing the report under subsection (a), 

the Secretary should assess— 

(1) the extent to which data should be centralized nationally 

in support of national planning and goals, what information 

should be aggregated regionally, and what information should 

be kept locally; 

(2) the need for data standards; 

(3) public and private data sources other than intelligent 

transportation system data sources (such as roadway characteristics inventories and incident information) that, combined with 

intelligent transportation system data, would enhance the utility of intelligent transportation system data to decisionmakers, 

and how these data sources can be merged; and 

(4) how to make data accessible to users. 

(c) CONSULTATION.—In developing the strategy under this section, 

the Secretary shall consult with the Bureau of Transportation Statistics and the advisory committee established under section 

5203(h). 

(d) REPORT TO CONGRESS.—Not later than 2 years after the date 

of the enactment of this subsection, the Secretary shall transmit to 

the Committee on Science and the Committee on Transportation 

and Infrastructure of the House of Representatives, and to the Committee on Environment and Public Works of the Senate, the report 

developed under this section. 

SEC. 5205. NATIONAL ARCHITECTURE AND STANDARDS. 

(a) IN GENERAL.— 

(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.— 

Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 

783), the Secretary shall develop, implement, and maintain a 

national architecture and supporting standards and protocols 

to promote the widespread use and evaluation of intelligent 

transportation system technology as a component of the surface 

transportation systems of the United States. 

(2) GOAL.—The goal of the national architecture and standards shall be to ensure, whenever it is appropriate, interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. 

(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In 

carrying out this section, the Secretary may use the services of 

such standards development organizations as the Secretary determines to be appropriate. 

(4) STANDARD VALIDATION.—The Secretary shall ensure that 

new standards promulgated for intelligent transportation system technologies that are funded by the Department are tested 

and validated, whenever it is appropriate, and shall ensure that 

102 

the results of such testing and validation are made publicly 

available. 

(b) PROVISIONAL STANDARDS.— (1) IN GENERAL.—If the Secretary finds that the development 

or balloting of an intelligent transportation system standard 

jeopardizes the timely achievement of the objectives identified in 

subsection (a)(1) and (2), the Secretary may establish a provisional standard after consultation with affected parties, and 

using, to the extent practicable, the work product of appropriate 

standards development organizations. 

(2) PERIOD OF EFFECTIVENESS.—A provisional standard established under paragraph (1) shall be published in the Federal 

Register and remain in effect until the appropriate standards 

development organization adopts and publishes a standard. 

(c) CONFORMITY WITH NATIONAL ARCHITECTURE.— (1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), the Secretary shall ensure that intelligent transportation 

system projects carried out using funds made available from the 

Highway Trust Fund, including funds made available to deploy 

intelligent transportation system technologies, conform to the 

national architecture, applicable standards or provisional 

standards, and protocols developed under subsection (a). 

(2) SECRETARY’S DISCRETION.—The Secretary may authorize 

exceptions to paragraph (1) for— 

(A) projects designed to achieve specific research and development objectives outlined in the National ITS Program 

Plan or the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, 

United States Code; or 

(B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of the 

Transportation Equity Act for the 21st Century, if the Secretary determines that the upgrade or expansion— 

(i) would not adversely affect the goals or purposes 

of this subtitle; 

(ii) is carried out before the end of the useful life of 

such system; and 

(iii) is cost-effective as compared to alternatives that 

would meet the conformity requirement of paragraph 

(1). 

(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds 

used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of the Transportation Equity Act for the 21st Century. 

SEC. 5206. RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Secretary shall carry out a comprehensive 

program of research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems, as well as research into barriers to their deployment, and other similar activities 

that are necessary to carry out this subtitle. 

(b) PRIORITY AREAS.—Under the program, the Secretary shall give 

higher priority to funding projects that— 

(1) are aimed at reducing congestion and improving mobility 

and efficiency; 

(2) are aimed at improving safety; 

103 

(3) are aimed at improving security by focusing on responding to security-related emergencies, and preventing such emergencies; 

(4) incorporate human factors research, including the science 

of the driving process; 

(5) develop methods to address nontechnical barriers to the 

deployment of intelligent transportation system technologies, 

and the best ways to develop partnerships to successfully deploy 

intelligent transportation system technologies; 

(6) facilitate the integration of intelligent infrastructure, vehicle, and control technologies; 

(7) incorporate research on the impact of environmental, 

weather, and natural conditions on intelligent transportation 

systems, including the effects of cold climates; 

(8) utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; 

(9) are aimed at improving the efficiency of goods movement, 

such as through real-time tracking and management; or 

(10) facilitate high-performance transportation systems, 

through methods such as congestion pricing, real-time facility 

management, rapid emergency response, and just-in-time transit. 

(c) OPERATIONAL TESTS.—Operational tests shall be used to 

evaluate promising technologies that have not yet been demonstrated. Operational tests conducted under this section shall be 

designed for the collection of data to permit objective evaluation of 

the results of the tests, derivation of cost-benefit information that is 

useful to others contemplating deployment of similar systems, and 

development and implementation of standards. 

(d) FEDERAL SHARE.—The Federal share of the cost of operational 

tests and demonstrations under subsection (a) shall not exceed 80 

percent. 

SEC. 5207. USE OF FUNDS. 

(a) CONGESTION REDUCTION.—At least 1⁄3 of funds made available 

under section 5206 for intelligent transportation systems research 

and development shall be used to research, develop, and operationally test technologies whose primary purpose is to reduce congestion. 

(b) OUTREACH AND PUBLIC RELATIONS LIMITATION.— 

(1) IN GENERAL.—For each fiscal year, not more than 

$5,000,000 of the funds made available to carry out this subtitle 

shall be used for intelligent transportation system outreach, 

public relations, displays, scholarships, tours, and brochures. 

(2) APPLICABILITY.—Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, technical guidance, or similar 

documents. 

(c) INFRASTRUCTURE DEVELOPMENT.—Funds made available to 

carry out this subtitle for operational tests— 

(1) shall be used primarily for the development of intelligent 

transportation system infrastructure; and 

(2) to the maximum extent practicable, shall not be used for 

the construction of physical highway and transit infrastructure 

unless the construction is incidental and critically necessary to 

104 

the implementation of an intelligent transportation system 

project. 

SEC. 5208. DEFINITIONS. 

In this subtitle, the following definitions apply: 

(1) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The 

term ‘‘intelligent transportation infrastructure’’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary. 

(2) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘‘intelligent transportation system’’ means electronics, communications, or information processing used singly or in combination 

to improve the efficiency or safety of a surface transportation 

system. 

(3) NATIONAL ARCHITECTURE.—The term ‘‘national architecture’’ means the common framework for interoperability adopted 

by the Secretary that defines— 

(A) the functions associated with intelligent transportation system user services; 

(B) the physical entities or subsystems within which the 

functions reside; 

(C) the data interfaces and information flows between 

physical subsystems; and 

(D) the communications requirements associated with the 

information flows. 

(4) STANDARD.—The term ‘‘standard’’ means a document 

that— 

(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be 

used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and 

(B) may support the national architecture and promote— 

(i) the widespread use and adoption of intelligent 

transportation system technology as a component of the 

surface transportation systems of the United States; 

and 

(ii) interoperability among intelligent transportation 

system technologies implemented throughout the 

States. 

(5) STATE.—The term ‘‘State’’ has the meaning given the term 

under section 101 of title 23, United States Code. 

* * * * * * * 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

105 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

ø§ 111. Bureau of Transportation Statistics 

ø(a) ESTABLISHMENT.—There is established in the Department of 

Transportation a Bureau of Transportation Statistics. 

ø(b) DIRECTOR.— 

ø(1) APPOINTMENT.—The Bureau shall be headed by a Director who shall be appointed by the President, by and with the 

advice and consent of the Senate. 

ø(2) QUALIFICATIONS.—The Director shall be appointed from 

among individuals who are qualified to serve as the Director 

by virtue of their training and experience in the compilation 

and analysis of transportation statistics. 

ø(3) REPORTING.—The Director shall report directly to the 

Secretary. 

ø(4) TERM.—The term of the Director shall be 4 years. The 

Director may continue to serve after the expiration of the term 

until a successor is appointed and confirmed. 

ø(c) RESPONSIBILITIES.—The Director of the Bureau shall be responsible for carrying out the following duties: 

ø(1) COMPILING TRANSPORTATION STATISTICS.—Compiling, 

analyzing, and publishing a comprehensive set of transportation statistics to provide timely summaries and totals (including industrywide aggregates and multiyear averages) of 

transportation-related information. Such statistics shall be 

suitable for conducting cost-benefit studies (including comparisons among individual transportation modes and intermodal 

transport systems) and shall include information on— 

ø(A) productivity in various parts of the transportation 

sector; 

ø(B) traffic flows; 

ø(C) travel times; 

ø(D) vehicle weights; 

ø(E) variables influencing traveling behavior, including 

choice of transportation mode; 

ø(F) travel costs of intracity commuting and intercity 

trips; 

ø(G) availability of mass transit and the number of passengers served by each mass transit authority; 

ø(H) frequency of vehicle and transportation facility 

repairs and other interruptions of transportation service; 

ø(I) accidents; 

ø(J) collateral damage to the human and natural environment; 

ø(K) the condition of the transportation system; and 

ø(L) transportation-related variables that influence global competitiveness. 

ø(2) IMPLEMENTING LONG-TERM DATA COLLECTION PROGRAM.—Establishing and implementing, in cooperation with 

the modal administrators, the States, and other Federal officials a comprehensive, long-term program for the collection and 

analysis of data relating to the performance of the transportation systems of the United States. Such program shall— 

106 

ø(A) be coordinated with efforts to measure outputs and 

outcomes of the Department of Transportation and the 

transportation systems of the United States under the 

Government Performance and Results Act of 1993 (107 

Stat. 285 et seq.) and the amendments made by such Act; 

ø(B) ensure that data is collected under this subsection 

in a manner which will maximize the ability to compare 

data from different regions and for different time periods; 

and 

ø(C) ensure that data collected under this subsection is 

controlled for accuracy, made relevant to the States and 

metropolitan planning organizations, and disseminated to 

the States and other interested parties. 

ø(3) ISSUING GUIDELINES.—Issuing guidelines for the collection of information by the Department of Transportation required for statistics to be compiled under paragraph (1) in 

order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis. The Bureau shall review and report to the Secretary of Transportation 

on the sources and reliability of the statistics proposed by the 

heads of the operating administrations of the Department to 

measure outputs and outcomes as required by the Government 

Performance and Results Act of 1993, and the amendments 

made by such Act, and shall carry out such other reviews of 

the sources and reliability of other data collected by the heads 

of the operating administrations of the Department as shall be 

requested by the Secretary. 

ø(4) COORDINATING COLLECTION OF INFORMATION.—Coordinating the collection of information by the Department of 

Transportation required for statistics to be compiled under 

paragraph (1) with related information-gathering activities 

conducted by other Federal departments and agencies and collecting appropriate data not elsewhere gathered. 

ø(5) MAKING STATISTICS ACCESSIBLE.—Making the statistics 

published under this subsection readily accessible. 

ø(6) IDENTIFYING INFORMATION NEEDS.—Identifying information that is needed under paragraph (1) but which is not being 

collected, reviewing such needs at least annually with the Advisory Council on Transportation Statistics, and making recommendations to appropriate Department of Transportation 

research officials concerning extramural and intramural 

research programs to provide such information. 

ø(7) SUPPORTING TRANSPORTATION DECISIONMAKING.—Ensuring that the statistics compiled under paragraph (1) are relevant for transportation decisionmaking by the Federal Government, State and local governments, transportation-related 

associations, private businesses, and consumers. 

ø(d) INTERMODAL TRANSPORTATION DATA BASE.— 

ø(1) IN GENERAL.—In consultation with the Associate Deputy 

Secretary, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the 

Director shall establish and maintain a transportation data 

base for all modes of transportation. 

107 

ø(2) USE.—The data base shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations. 

ø(3) CONTENTS.—The data base shall include— 

ø(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and 

intermodal combinations, and by relevant classification; 

ø(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; 

ø(C) information on the location and connectivity of 

transportation facilities and services; and 

ø(D) a national accounting of expenditures and capital 

stocks on each mode of transportation and intermodal combination. 

ø(e) NATIONAL TRANSPORTATION LIBRARY.— 

ø(1) IN GENERAL.—The Director shall establish and maintain 

a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. 

ø(2) ACCESS.—The Director shall facilitate and promote access to the Library, with the goal of improving the ability of 

the transportation community to share information and the 

ability of the Director to make statistics readily accessible 

under subsection (c)(5). 

ø(3) COORDINATION.—The Director shall work with other 

transportation libraries and other transportation information 

providers, both public and private, to achieve the goal specified 

in paragraph (2). 

ø(f) NATIONAL TRANSPORTATION ATLAS DATA BASE.— ø(1) IN GENERAL.—The Director shall develop and maintain 

geospatial data bases that depict— 

ø(A) transportation networks; 

ø(B) flows of people, goods, vehicles, and craft over the 

networks; and 

ø(C) social, economic, and environmental conditions that 

affect or are affected by the networks. 

ø(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall 

be able to support intermodal network analysis. 

ø(g) RESEARCH AND DEVELOPMENT GRANTS.— 

ø(1) IN GENERAL.—The Secretary may make grants to, or 

enter into cooperative agreements or contracts with, public and 

nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for— 

ø(A) investigation of the subjects specified in subsection 

(c)(1) and research and development of new methods of 

data collection, management, integration, dissemination, 

interpretation, and analysis; 

ø(B) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (e); and 

108 

ø(C) development and improvement of methods for sharing geographic data, in support of the national transportation atlas data base under subsection (f) and the National Spatial Data Infrastructure developed under Executive Order No. 12906. 

ø(2) LIMITATION.—Not more than $500,000 of the amounts 

made available to carry out this section in a fiscal year may 

be used to carry out this subsection. 

ø(h) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in 

this section shall be construed— 

ø(1) to authorize the Bureau to require any other department or agency to collect data; or 

ø(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data 

independently. 

ø(i) PROHIBITION ON CERTAIN DISCLOSURES.— 

ø(1) IN GENERAL.—An officer or employee of the Bureau may 

not— 

ø(A) make any disclosure in which the data provided by 

an individual or organization under subsection (c)(2) can 

be identified; 

ø(B) use the information provided under subsection (c)(2) 

for a nonstatistical purpose; or 

ø(C) permit anyone other than an individual authorized 

by the Director to examine any individual report provided 

under subsection (c)(2). 

ø(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.— ø(A) GOVERNMENT AGENCIES.—No department, bureau, 

agency, officer, or employee of the United States (except 

the Director in carrying out this section) may require, for 

any reason, a copy of any report that has been filed under 

subsection (c)(2) with the Bureau or retained by an individual respondent. 

ø(B) COURTS.—Any copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, 

contractors, or agents— 

ø(i) shall be immune from legal process; and 

ø(ii) shall not, without the consent of the individual 

concerned, be admitted as evidence or used for any 

purpose in any action, suit, or other judicial or administrative proceeding. 

ø(C) APPLICABILITY.—This paragraph shall apply only to 

reports that permit information concerning an individual 

or organization to be reasonably inferred by direct or indirect means. 

ø(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In a 

case in which the Bureau is authorized by statute to collect 

data or information for a nonstatistical purpose, the Director 

shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform 

a respondent that is requested or required to supply the data 

or information of the nonstatistical purpose. 

ø(j) TRANSPORTATION STATISTICS ANNUAL REPORT.—The Director 

shall transmit to the President and Congress a Transportation StaVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00108 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
109 

tistics Annual Report which shall include information on items referred to in subsection (c)(1), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, 

and recommendations for improving transportation statistical information. 

ø(k) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the 

Mass Transit Account) for the purpose of reimbursing the Bureau 

for the expenses.¿ 

§ 111. Bureau of Transportation Statistics 

(a) ESTABLISHMENT.—There is established in the Department of 

Transportation a Bureau of Transportation Statistics. 

(b) DIRECTOR.— 

(1) APPOINTMENT.—The Bureau shall be headed by a Director 

who shall be appointed by the President, by and with the advice 

and consent of the Senate. 

(2) QUALIFICATIONS.—The Director shall be appointed from 

among individuals who are qualified to serve as the Director by 

virtue of their training and experience in the collection, analysis, and use of transportation statistics. 

(3) REPORTING.—The Director shall report directly to the Secretary. 

(4) TERM.—The term of the Director shall be 5 years. The Director may continue to serve after the expiration of the term 

until a successor is appointed and confirmed. 

(c) RESPONSIBILITIES.—The Director of the Bureau shall serve as 

the Secretary’s senior advisor on data and statistics, and shall be 

responsible for carrying out the following duties: 

(1) PROVIDING DATA, STATISTICS, AND ANALYSIS TO TRANSPORTATION DECISIONMAKERS.—Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, State and 

local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the 

freight community), and the public. 

(2) COORDINATING COLLECTION OF INFORMATION.—Working 

with the operating administrations of the Department to establish and implement the Bureau’s data programs and to improve 

the coordination of information collection efforts with other Federal agencies. 

(3) DATA MODERNIZATION.—Continually improving surveys 

and data collection methods to improve the accuracy and utility 

of transportation statistics. 

(4) ENCOURAGING DATA STANDARDIZATION.—Encouraging the 

standardization of data, data collection methods, and data 

management and storage technologies for data collected by the 

Bureau, the operating administrations of the Department of 

Transportation, States, local governments, metropolitan planning organizations, and private sector entities. 

(5) COMPILING TRANSPORTATION STATISTICS.—Compiling, 

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110 

tation statistics on the performance and impacts of the national 

transportation system, including statistics on— 

(A) productivity in various parts of the transportation 

sector; 

(B) traffic flows for all modes of transportation; 

(C) other elements of the Intermodal Transportation 

Database established under subsection (g); 

(D) travel times and measures of congestion; 

(E) vehicle weights and other vehicle characteristics; 

(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode, and goods movement; 

(G) transportation costs for passenger travel and goods 

movement; 

(H) availability and use of mass transit (including the 

number of passengers served by each mass transit authority) and other forms of for-hire passenger travel; 

(I) frequency of vehicle and transportation facility repairs 

and other interruptions of transportation service; 

(J) safety and security for travelers, vehicles, and transportation systems; 

(K) consequences of transportation for the human and 

natural environment; 

(L) the extent, connectivity, and condition of the transportation system, building on the National Transportation 

Atlas Database developed under subsection (g); and 

(M) transportation-related variables that influence the 

domestic economy and global competitiveness. 

(6) NATIONAL SPATIAL DATA INFRASTRUCTURE.—Building and 

disseminating the transportation layer of the National Spatial 

Data Infrastructure, including coordinating the development of 

transportation geospatial data standards, compiling intermodal 

geospatial data, and collecting geospatial data that is not being 

collected by others. 

(7) ISSUING GUIDELINES.—Issuing guidelines for the collection 

of information by the Department of Transportation required 

for statistics to be compiled under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and 

in a form that permits systematic analysis. The Bureau shall 

review and report to the Secretary of Transportation on the 

sources and reliability of the statistics proposed by the heads of 

the operating administrations of the Department to measure 

outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by 

such Act, and shall carry out such other reviews of the sources 

and reliability of other data collected or statistical information 

published by the heads of the operating administrations of the 

Department as shall be requested by the Secretary. 

(8) MAKING STATISTICS ACCESSIBLE.—Making the statistics 

published under this subsection readily accessible. 

(d) INFORMATION NEEDS ASSESSMENT.— (1) IN GENERAL.—Within 60 days after the date of the enactment of the Surface Transportation Research and Development 

Act of 2004, the Secretary shall enter into an arrangement with 

the National Research Council to develop and publish a NaVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00110 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
111 

tional Transportation Information Needs Assessment. The Assessment shall be transmitted to the Secretary and the Congress 

not later than 24 months after such arrangement is entered 

into. 

(2) CONTENT.—The Assessment shall— 

(A) identify, in priority order, transportation data that is 

not being collected by the Bureau, Department of Transportation operating administrations, or other Federal, State, or 

local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local level and to fulfill the requirements of subsection (c)(5); 

(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of 

the Department, or by other Federal, State, or local entities, 

and whether any data is a higher priority than data currently being collected; 

(C) identify any data the Bureau or other Federal, State, 

and local entities is collecting that is not needed; 

(D) describe new data collection methods (including 

changes in surveys) and other changes the Bureau or other 

Federal, State, and local entities should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and 

(E) estimate the cost of implementing any recommendations. 

(3) CONSULTATION.—In developing the Assessment, the National Research Council shall consult with the Department’s 

Advisory Council on Transportation Statistics and a representative cross-section of transportation community stakeholders as 

well as other Federal agencies, including the Environmental 

Protection Agency, the Department of Energy, and the Department of Housing and Urban Development. 

(4) REPORT TO CONGRESS.—Not later than 6 months after the 

National Research Council transmits the Needs Assessment 

under paragraph (1), the Secretary shall transmit a report to 

the Committee on Science and the Committee on Transportation 

and Infrastructure of the House of Representatives, and to the 

Committee on Environment and Public Works of the Senate, 

that describes— 

(A) how the Department plans to fill the data gaps identified under paragraph (2)(A); 

(B) how the Department plans to stop collecting data 

identified under paragraph (2)(C); 

(C) how the Department plans to implement improved 

data collection methods and other changes identified under 

paragraph (2)(D); 

(D) the expected costs of implementing subparagraphs 

(A), (B), and (C) of this paragraph; 

(E) any findings of the Needs Assessment under paragraph (1) with which the Secretary disagrees, and why; 

and 

(F) any proposed statutory changes needed to implement 

the findings if the Needs Assessment under paragraph (1). 

(e) INTERMODAL TRANSPORTATION DATA BASE.— 

112 

(1) IN GENERAL.—In consultation with the Under Secretary 

for Policy, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the 

Director shall establish and maintain a transportation data 

base for all modes of transportation. 

(2) USE.—The data base shall be suitable for analyses carried 

out by the Federal Government, the States, and metropolitan 

planning organizations. 

(3) CONTENTS.—The data base shall include— 

(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and 

intermodal combinations, and by relevant classification; 

(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; 

(C) information on the location and connectivity of transportation facilities and services; and 

(D) a national accounting of expenditures and capital 

stocks on each mode of transportation and intermodal combination. 

(f) NATIONAL TRANSPORTATION LIBRARY.— (1) IN GENERAL.—The Director shall establish and maintain 

a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. 

(2) ACCESS.—The Director shall facilitate and promote access 

to the Library, with the goal of improving the ability of the 

transportation community to share information and the ability 

of the Director to make statistics readily accessible under subsection (c)(8). 

(3) COORDINATION.—The Director shall work with other 

transportation libraries and other transportation information 

providers, both public and private, to achieve the goal specified 

in paragraph (2). 

(g) NATIONAL TRANSPORTATION ATLAS DATA BASE.— (1) IN GENERAL.—The Director shall develop and maintain 

geospatial data bases that depict— 

(A) transportation networks; 

(B) flows of people, goods, vehicles, and craft over the networks; and 

(C) social, economic, and environmental conditions that 

affect or are affected by the networks. 

(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall 

be able to support intermodal network analysis. 

(h) MANDATORY RESPONSE AUTHORITY FOR FREIGHT DATA COLLECTION.—Whoever, being the owner, official, agent, person in 

charge, or assistant to the person in charge, of any corporation, 

company, business, institution, establishment, or organization of 

any nature whatsoever, neglects or refuses, when requested by the 

Director or other authorized officer, employee or contractor of the 

Bureau, to answer completely and correctly to the best of his/her 

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113 

ness, institution, establishment, or other organization, or to records 

or statistics in his/her official custody, contained in a data collection request prepared and submitted as part of the collection of 

freight data, shall be fined not more than $500; and if the individual willfully gives a false answer to a question, shall be fined not 

more than $10,000. 

(i) RESEARCH AND DEVELOPMENT GRANTS.—The Secretary may 

make grants to, or enter into cooperative agreements or contracts 

with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and 

institutions of higher education) for— 

(1) investigation of the subjects specified in subsection (c)(5) 

and research and development of new methods of data collection, standardization, management, integration, dissemination, 

interpretation, and analysis; 

(2) demonstration programs by States, local governments, 

and metropolitan planning organizations to harmonize data 

collection, reporting, management, storage, and archiving to 

simplify data comparisons across jurisdictions; 

(3) development of electronic clearinghouses of transportation 

data and related information, as part of the National Transportation Library under subsection (f); and 

(4) development and improvement of methods for sharing geographic data, in support of the national transportation atlas 

data base under subsection (g) and the National Spatial Data 

Infrastructure developed under Executive Order No. 12906. 

(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed— 

(1) to authorize the Bureau to require any other department 

or agency to collect data; or 

(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. 

(k) PROHIBITION ON CERTAIN DISCLOSURES.— 

(1) IN GENERAL.—An officer or employee of the Bureau may 

not— 

(A) make any disclosure in which the data provided by 

an individual or organization under subsection (c) can be 

identified; 

(B) use the information provided under subsection (c) for 

a nonstatistical purpose; or 

(C) permit anyone other than an individual authorized 

by the Director to examine any individual report provided 

under subsection (c). 

(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.— 

(A) GOVERNMENT AGENCIES.—No department, bureau, 

agency, officer, or employee of the United States (except the 

Director in carrying out this section) may require, for any 

reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent. 

(B) COURTS.—Any copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents— 

114 

(i) shall be immune from legal process; and 

(ii) shall not, without the consent of the individual 

concerned, be admitted as evidence or used for any 

purpose in any action, suit, or other judicial or administrative proceeding. 

(C) APPLICABILITY.—This paragraph shall apply only to 

reports that permit information concerning an individual 

or organization to be reasonably inferred by direct or indirect means. 

(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In a 

case in which the Bureau is authorized by statute to collect data 

or information for a nonstatistical purpose, the Director shall 

clearly distinguish the collection of the data or information, by 

rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose. 

(l) TRANSPORTATION STATISTICS ANNUAL REPORT.—The Director 

shall transmit to the President and Congress a Transportation Statistics Annual Report which shall include information on items referred to in subsection (c)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, 

and recommendations for improving transportation statistical information. 

(m) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, funds received by the Bureau from the sale of 

data products, for necessary expenses incurred, may be credited to 

the Highway Trust Fund (other than the Mass Transit Account) for 

the purpose of reimbursing the Bureau for the expenses. 

(n) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.— 

(1) ESTABLISHMENT.—The Director of the Bureau of Transportation Statistics shall establish an Advisory Council on 

Transportation Statistics. 

(2) FUNCTION.—It shall be the function of the Advisory Council established under this subsection to— 

(A) advise the Director of the Bureau of Transportation 

Statistics on the quality, reliability, consistency, objectivity, 

and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau of Transportation Statistics and the Department of Transportation; 

(B) provide input to and review the report to Congress 

under subsection (d)(4); and 

(C) advise the Director on methods to encourage harmonization and interoperability of transportation data collected by the Bureau, the operating administrations of the 

Department of Transportation, States, local governments, 

metropolitan planning organizations, and private sector entities. 

(3) MEMBERSHIP.—The Advisory Council established under 

this subsection shall be composed of not fewer than 15 members 

appointed by the Director, who are not officers or employees of 

the United States, including— 

(A) 2 members with specific expertise in economics; 

(B) 3 members with expertise in statistics; and 

(C) additional members with expertise in transportation 

statistics, analysis, or policy. 

115 

Members shall include representatives of a cross-section of 

transportation community stakeholders. 

(4) TERMS OF APPOINTMENT.—(A) Except as provided in subparagraph (B), members shall be appointed to staggered terms 

not to exceed 3 years. A member may be renominated for one 

additional 3-year term. 

(B) Members serving on the Advisory Council on Transportation Statistics as of the date of enactment of the Surface 

Transportation Research and Development Act of 2004 shall 

serve until the end of their appointed terms. 

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— The Federal Advisory Committee Act shall apply to the Advisory Council established under this subsection, except that section 14 of the Federal Advisory Committee Act shall not apply 

to such Advisory Council. 

* * * * * * * 

SUBTITLE III—GENERAL AND INTERMODAL 

PROGRAMS 

* * * * * * * 

CHAPTER 53—MASS TRANSPORTATION 

* * * * * * * 

§ 5315. National transit institute 

(a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation shall make grants to Rutgers University to establish a national transit institute. In cooperation with the Federal Transit Administration, State transportation departments, public ømass¿ 

transportation authorities, and national and international entities, 

the institute shall develop and conduct training programs of instruction for United States Government, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid ømass¿ public transportation work. The programs may include courses in recent developments, techniques, and procedures related to— 

(1) ømass¿ public transportation planning; 

* * * * * * * 

(6) procurement strategies for ømass¿ public transportation 

systems; 

(7) turnkey approaches to delivering ømass¿ public transportation systems; 

* * * * * * * 

(10) ways to make ømass¿ public transportation accessible to 

individuals with disabilities; 

* * * * * * * 

(d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of the 

amounts made available for a fiscal year beginning after September 30, 1991, to a State or public ømass¿ transportation authority in the State to carry out sections 5307 and 5309 of this title is 

available for expenditure by the State and public ømass¿ transporVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00115 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
116 

tation authorities in the State, with the approval of the Secretary, 

to pay not more than 80 percent of the cost of tuition and direct 

educational expenses related to educating and training State and 

local transportation employees under this section. 

* * * * * * * 

§ 5322. Human resource programs 

(a) IN GENERAL.—The Secretary of Transportation may undertake, or make grants and contracts for, programs that address 

human resource needs as they apply to mass transportation activities. A program may include— 

(1) * * * 

* * * * * * * 

(b) GRANTS TO HIGHER LEARNING INSTITUTIONS.— 

(1) The Secretary (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may 

make grants to nonprofit institutions of higher learning— 

(A) to conduct competent research and development and 

investigations into the theoretical or practical problems of 

urban transportation; and 

(B) to train individuals to conduct further research and 

development or obtain employment in an organization that 

plans, builds, operates, or manages an urban transportation system. 

(2) Research and investigations under this subsection include— 

(A) the design and use of urban public transportation 

systems and urban roads and highways; 

(B) the interrelationship between various modes of urban 

and interurban transportation; 

(C) the role of transportation planning in overall urban 

planning; 

(D) public preferences in transportation; 

(E) the economic allocation of transportation resources; 

and 

(F) the legal, financial, engineering, and esthetic aspects 

of urban transportation. 

(3) When making a grant under this subsection, the Secretary 

shall give preference to an institution that brings together 

knowledge and expertise in the various social science and technical disciplines related to urban transportation problems. 

(c) FELLOWSHIPS.— (1) The Secretary may make grants to States, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the mass transportation field. 

(2) A fellowship under this subsection may be for not more 

than one year of training in an institution that offers a program applicable to the public transportation industry. The recipient of the grant shall select an individual on the basis of 

demonstrated ability and for the contribution the individual 

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117 

portation operation. A grant for a fellowship may not be more 

than the lesser of $65,000 or 75 percent of— 

(A) tuition and other charges to the fellowship recipient; 

(B) additional costs incurred by the training institution 

and billed to the grant recipient; and 

(C) the regular salary of the fellowship recipient for the 

period of the fellowship to the extent the salary is actually 

paid or reimbursed by the grant recipient. 

(d) OTHER GRANTS.—The Secretary may make grants to State 

and local governmental authorities for projects that will use innovative techniques and methods in managing and providing public 

transportation. 

* * * * * * * 

CHAPTER 55—INTERMODAL TRANSPORTATION 

* * * * * * * 

SUBCHAPTER I—GENERAL 

* * * * * * * 

ø§ 5505. University transportation research 

ø(a) REGIONAL CENTERS.—The Secretary of Transportation shall 

make grants to nonprofit institutions of higher learning to establish and operate 1 university transportation center in each of the 

10 United States Government regions that comprise the Standard 

Federal Regional Boundary System. 

ø(b) OTHER CENTERS.—The Secretary shall make grants to nonprofit institutions of higher learning to establish and operate university transportation centers, in addition to the centers receiving 

grants under subsection (a), to address transportation management 

and research and development matters, with special attention to 

increasing the number of highly skilled individuals entering the 

field of transportation. 

ø(c) SELECTION OF GRANT RECIPIENTS.— ø(1) APPLICATIONS.—In order to be eligible to receive a grant 

under this section, a nonprofit institution of higher learning 

shall submit to the Secretary an application that is in such 

form and contains such information as the Secretary may require. 

ø(2) SELECTION CRITERIA.—Except as otherwise provided by 

this section, the Secretary shall select each recipient of a grant 

under this section through a competitive process on the basis 

of the following: 

ø(A) For regional centers, the location of the center within the Federal region to be served. 

ø(B) The demonstrated research and extension resources 

available to the recipient to carry out this section. 

ø(C) The capability of the recipient to provide leadership 

in making national and regional contributions to the solution of immediate and long-range transportation problems. 

ø(D) The recipient’s establishment of a surface transportation program encompassing several modes of transportation. 

118 

ø(E) The recipient’s demonstrated commitment of at least $200,000 in regularly budgeted institutional amounts 

each year to support ongoing transportation research and 

education programs. 

ø(F) The recipient’s demonstrated ability to disseminate 

results of transportation research and education programs 

through a statewide or regionwide continuing education 

program. 

ø(G) The strategic plan the recipient proposes to carry 

out under the grant. 

ø(d) OBJECTIVES.—Each university transportation center receiving a grant under this section shall conduct the following programs 

and activities: 

ø(1) Basic and applied research, the products of which are 

judged by peers or other experts in the field to advance the 

body of knowledge in transportation. 

ø(2) An education program that includes multidisciplinary 

course work and participation in research. 

ø(3) An ongoing program of technology transfer that makes 

research results available to potential users in a form that can 

be implemented, utilized, or otherwise applied. 

ø(e) MAINTENANCE OF EFFORT.—In order to be eligible to receive 

a grant under this section, a recipient shall enter into an agreement with the Secretary to ensure that the recipient will maintain 

total expenditures from all other sources to establish and operate 

a university transportation center and related research activities at 

a level at least equal to the average level of such expenditures in 

its 2 fiscal years prior to award of a grant under this section. 

ø(f) FEDERAL SHARE.—The Federal share of the costs of activities 

carried out using a grant made under this section is 50 percent of 

costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States 

Code. 

ø(g) PROGRAM COORDINATION.— 

ø(1) COORDINATION.—The Secretary shall coordinate the research, education, training, and technology transfer activities 

that grant recipients carry out under this section, disseminate 

the results of the research, and establish and operate a clearinghouse. 

ø(2) ANNUAL REVIEW AND EVALUATION.—At least annually 

and consistent with the plan developed under section 508 of 

title 23, United States Code, the Secretary shall review and 

evaluate programs the grant recipients carry out. 

ø(3) FUNDING LIMITATION.—The Secretary may use not more 

than 1 percent of amounts made available from Government 

sources to carry out this subsection. 

ø(h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out this program shall remain available for obligation 

for a period of 2 years after the last day of the fiscal year for which 

such funds are authorized. 

ø(i) NUMBER AND AMOUNT OF GRANTS.—Subject to section 

5338(e): 

ø(1) FISCAL YEARS 1998 AND 1999.—For each of fiscal years 

1998 and 1999, the Secretary shall make the following grants 

under this section: 

119 

ø(A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups 

of institutions in group A. 

ø(B) GROUP B.—The Secretary shall make a grant in the amount of $300,000 to each of the institutions or groups of 

institutions in group B. 

ø(C) GROUP C.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of 

institutions in group C. 

ø(D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups 

of institutions in group D. 

ø(2) FISCAL YEARS 2000 AND 2001.—For each of fiscal years 

2000 and 2001, the Secretary shall make the following grants 

under this section: 

ø(A) GROUP A.—The Secretary shall make a grant in the 

amount of $1,000,000 to each of the institutions or groups 

of institutions in group A. 

ø(B) GROUP B.—The Secretary shall make a grant in the 

amount of $500,000 to 8 of the institutions or groups of institutions in group B. 

ø(C) GROUP C.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of 

institutions in group C. 

ø(D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups 

of institutions in group D. 

ø(3) FISCAL YEARS 2002 AND 2003.—For each of fiscal years 

2002 and 2003, the Secretary shall make the following grants 

under this section: 

ø(A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups 

of institutions in group A. 

ø(B) GROUPS B AND C.—The Secretary shall make a 

grant in the amount of $1,000,000 to 10 of the institutions 

or groups of institutions in groups B and C that received 

grants under this section in fiscal years 2000 and 2001. 

ø(C) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups 

of institutions in group D. 

ø(j) IDENTIFICATION OF GROUPS.—For the purpose of making 

grants under this section, the following groups are identified: 

ø(1) GROUP A.—Group A shall consist of the 10 regional centers selected under subsection (a). 

ø(2) GROUP B.—Group B shall consist of the following: 

ø(A) The University of Denver and Mississippi State 

University. 

ø(B) The University of Central Florida. 

ø(C) University of Southern California and California 

State University at Long Beach. 

ø(D) Rutgers University. 

ø(E) University of Missouri at Rolla. 

ø(F) South Carolina State University. 

ø(G) Joseph P. Kennedy Science and Technology Center, 

Assumption College, Massachusetts. 

120 

ø(H) Purdue University. 

ø(3) GROUP C.—Group C shall consist of the following: 

ø(A) University of Arkansas. 

ø(B) New Jersey Institute of Technology. 

ø(C) University of Idaho. 

ø(D) The University of Alabama. 

ø(E) Morgan State University. 

ø(F) North Carolina State University. 

ø(G) San Jose State University. 

ø(H) University of South Florida. 

ø(I) North Carolina A. and T. State University. 

ø(4) GROUP D.—Group D shall consist of the following: 

ø(A) University of Minnesota. 

ø(B) Marshall University, West Virginia, on behalf of a 

consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, 

and Bluefield State College. 

ø(C) George Mason University, along with the University of Virginia and Virginia Tech University. 

ø(D) Western Transportation Institute. 

ø(E) Rhode Island Transportation Research Center. 

ø(F) Northwestern University.¿ 

§ 5505. University transportation research 

(a) REGIONAL CENTERS.—The Secretary of Transportation shall 

make grants to nonprofit institutions of higher learning to establish 

and operate 1 university transportation center in each of the 10 

United States Government regions that comprise the Standard Federal Regional Boundary System. 

(b) OTHER CENTERS.—The Secretary shall make 16 grants to nonprofit institutions of higher learning, in addition to grants made 

under subsection (a), to establish and operate university transportation centers. 

(c) ROLE OF CENTERS.—The role of each center shall be to address 

transportation management and research and development matters, 

with special attention to increasing the number of highly skilled individuals entering the field of transportation. 

(d) SELECTION OF GRANT RECIPIENTS.— (1) APPLICATIONS.—In order to be eligible to receive a grant 

under this section, a nonprofit institution of higher learning 

shall submit to the Secretary an application that is in such 

form and contains such information as the Secretary may require. 

(2) SELECTION CRITERIA.—Except as otherwise provided by 

this section, the Secretary shall select each recipient of a grant 

under this section through an open competition, peer-reviewed 

process on the basis of the following: 

(A) The capability of the recipient to provide leadership 

in making national and regional contributions to the solution of immediate and long-range transportation problems. 

(B) The recipient’s establishment of a surface transportation program by the date of the award, which encompasses several modes of transportation. 

(C) The recipient’s demonstrated ability to disseminate 

results of transportation research and education programs 

121 

through a statewide or regionwide continuing education 

program. 

(D) The strategic plan the recipient proposes to carry out 

under the grant. 

(e) OBJECTIVES.—The Secretary shall ensure that each university 

transportation center receiving a grant under this section shall conduct the following programs and activities: 

(1) Basic and applied research and development that supports the Department’s research and development agenda consistent with section 508 of title 23. 

(2) An education program that includes multidisciplinary 

course work, faculty and student participation in research and 

development, and an opportunity for practical experience. 

(3) An ongoing program of technology transfer that makes research and development results available to potential users in 

a form that can be implemented, utilized, or otherwise applied. 

(f) MAINTENANCE OF EFFORT.—To be eligible to receive a grant 

under this section, an applicant shall— 

(1) enter into an agreement with the Secretary to ensure that 

the applicant will maintain total expenditures from all other 

sources to establish and operate a university transportation center and related educational and research and development activities at a level that is at least equal to the average level of 

those expenditures during the 2 fiscal years before the date on 

which the grant is provided; 

(2) submit to the Secretary an annual report on the projects 

and activities of the university transportation center for which 

funds are made available for the fiscal year covered by the report, a description of— 

(A) the educational activities carried out by the center 

(including a detailed summary of the budget for those educational activities); 

(B) each research and development project carried out by 

the center, including— 

(i) the identity of the principal investigator working 

on a research and development project; and 

(ii) the overall funding amount for each research and 

development project (including the amounts expended 

for the project as of the date of the report); and 

(C) overall technology transfer and implementation efforts of the center; and 

(3) make use of National Research Council, Transportation 

Research Board, and Transportation Research Information 

Services online databases for— 

(A) program development and strategic planning; 

(B) reporting of activities funded under this section; and 

(C) input and dissemination of results and reports from 

completed research and development. 

(g) FEDERAL SHARE.—The Federal share of the costs of activities 

carried out using a grant made under subsection (a) is 80 percent 

of costs, and under subsection (b) is 50 percent of costs. The nonFederal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States Code. 

(h) PROGRAM COORDINATION.— 

122 

(1) COORDINATION.—The Secretary shall coordinate the research and development, education, training, and technology 

transfer activities that grant recipients carry out under this section. 

(2) ANNUAL REVIEW AND EVALUATION.—At least annually and 

consistent with the plan developed by the recipient under subsection (f)(2), the Secretary shall review and evaluate programs 

the grant recipients carry out. 

(3) FUNDING LIMITATION.—The Secretary may use not more 

than 1 percent of amounts made available from Government 

sources to carry out this subsection. 

(i) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out this program shall remain available for obligation 

for a period of 2 years after the last day of the fiscal year for which 

such funds are authorized. 

(j) TRANSPORTATION EDUCATION DEVELOPMENT PILOT PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a program to make grants to institutions of higher education that in 

partnership with industry or State Departments of Transportation will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce. 

(2) SELECTION OF GRANT RECIPIENTS.—In selecting applications for awards under this subsection, the Secretary shall consider— 

(A) the degree to which the new curricula or education 

program meets the specific needs of a segment of the transportation industry, States, or regions; 

(B) providing for practical experience and on-the-job 

training; 

(C) proposals oriented toward practitioners in the field 

rather than the support and growth of the research community; 

(D) the degree to which the new curricula or program 

will provide training in areas other than engineering, such 

as business administration, economics, information technology, environmental science, and law; 

(E) programs or curricula in nontraditional departments 

which train professionals for work in the transportation 

field, such as materials, information technology, environmental science, urban planning, and industrial technology; 

and 

(F) industry or a State’s Department of Transportation 

commitment to the program. 

(3) AUTHORIZATION OF APPROPRIATIONS.—From amounts authorized under section 101(b)(4) of the Surface Transportation 

Research and Development Act of 2004 for carrying out this section, for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 

2009, there shall be available for carrying out this subsection 

$4,500,000. 

(4) LIMITATIONS.—No individual grant under this subsection 

shall exceed $750,000 per year. After a recipient has received 3 

years of Federal funding under this subsection, Federal funding 

123 

may equal no more than 75 percent of a grantee’s program 

costs. 

(k) NATIONAL TRANSPORTATION SECURITY CENTERS.— (1) ESTABLISHMENT.—The Secretary shall establish not more 

than 4 National Transportation Security Centers at institutions 

of higher education to conduct research, education, and professional training on all aspects of surface transportation security, 

with emphasis on utilization of intelligent transportation systems, technologies, and architectures. 

(2) SELECTION CRITERIA.—The Secretary shall make grants 

using a competitive peer-reviewed procedure that gives priority 

to— 

(A) institutions with a commitment to transportation security issues; 

(B) proposals that include partnerships with other institutions of higher education, federally funded research and 

development centers, or other nonprofit laboratories; 

(C) proposals to conduct both practical and theoretical research and technical systems analysis; and 

(D) proposals to develop professional training programs. 

* * * * * * * 

SUBTITLE VI—MOTOR VEHICLE AND DRIVER 

PROGRAMS 

* * * * * * * 

PART B—COMMERCIAL 

* * * * * * * 

CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY 

SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR 

VEHICLE PROGRAMS 

Sec. 

31100. Purpose. 

* * * * * * * 

ø31108. Authorization of appropriations.¿ 

31108. Motor carrier research and development program. 

* * * * * * * 

SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL 

MOTOR VEHICLE PROGRAMS 

* * * * * * * 

ø§ 31108. Authorization of appropriations 

øNot more than $––––––––– may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 

19––, to carry out the safety duties and powers of the Federal 

Highway Administration.¿ 

§ 31108. Motor carrier research and development program 

(a) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.— 

124 

(1) The Secretary of Transportation shall establish and carry 

out a motor carrier research and development program. The 

Secretary may carry out research, development, technology, and 

technology transfer activities with respect to— 

(A) the causes of accidents, injuries and fatalities involving commercial motor vehicles; and 

(B) means of reducing the number and severity of accidents, injuries and fatalities involving commercial motor 

vehicles. 

(2) The Secretary may test, develop, or assist in testing and 

developing any material, invention, patented article, or process 

related to the research and development program. 

(3) The Secretary may use the funds appropriated to carry out 

this section for training or education of commercial motor vehicle safety personnel, including, but not limited to, training in 

accident reconstruction and detection of controlled substances 

or other contraband, and stolen cargo or vehicles. 

(4) The Secretary may carry out this section— 

(A) independently; 

(B) in cooperation with other Federal departments, agencies, and instrumentalities and federally funded research 

and development centers; or 

(C) by making grants to, or entering into contracts or cooperative agreements with, any federally funded research 

and development center, State agency, authority, association, institution, for-profit or non-profit corporation, organization, foreign country, or person. 

(5) The Secretary shall use funds made available to carry out 

this section to develop, administer, communicate, and promote 

the use of products of research, technology, and technology 

transfer programs under this section. 

(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

(1) To advance innovative solutions to problems involving 

commercial motor vehicle and motor carrier safety, security, 

and efficiency, and to stimulate the deployment of emerging 

technology, the Secretary may carry out, on a cost-shared basis, 

collaborative research and development with— 

(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, 

corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws 

of any State; and 

(B) federally funded research and development centers. 

(2) In carrying out this subsection, the Secretary may enter 

into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)). 

(3)(A) The Federal share of the cost of activities carried out 

under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent, except that if there is substantial public interest or benefit, the 

Secretary may approve a greater Federal share. 

(B) All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software developVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00124 Fmt 6659 Sfmt 6603 E:\HR\OC\HR662P1.XXX HR662P1
125 

ment costs, shall be credited toward the non-Federal share of 

the cost of the activities described in subparagraph (A). 

(4) The research, development, or use of a technology under 

a cooperative research and development agreement entered into 

under this subsection, including the terms under which the 

technology may be licensed and the resulting royalties may be 

distributed, shall be subject to the Stevenson-Wydler Technology 

Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 

(5) Section 3705 of title 41, United States Code, shall not 

apply to a contract or agreement entered into under this section. 

* * * * * * * 

XIX. COMMITTEE RECOMMENDATIONS

On February 4, 2004, a quorum being present, the Committee on 

Science favorably reported the Surface Transportation Research 

and Development Act of 2004, by a voice vote, and recommended 

its enactment. 

(127) 

XX: PROCEEDINGS OF THE MARKUP BY THE 

SUBCOMMITTEE ON ENVIRONMENT, TECHNOLOGY, AND STANDARDS ON H.R. 3551, 

SURFACE TRANSPORTATION RESEARCH 

AND DEVELOPMENT ACT OF 2004 

WEDNESDAY, JANUARY 28, 2004 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON ENVIRONMENT, TECHNOLOGY, AND

STANDARDS, 

COMMITTEE ON SCIENCE, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 10:05 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Vernon J. Ehlers 

[Chairman of the Subcommittee] presiding. 

Mr. EHLERS. Good morning. It is my pleasure to call the Subcommittee to order. Pursuant to notice, the Subcommittee on Environment, Technology, and Standards is meeting today to consider 

the following measure: H.R. 3551, the Surface Transportation Research Act of 2003. I ask unanimous consent for the authority to 

recess the Subcommittee at any point, and without objection, it is 

so ordered. 

I will proceed with my opening statement. I will simply preface 

it by saying that I thank the staff for all of their very hard work 

on this bill over the past year. What has made it especially difficult 

is coordinating this not only with the minority on our committee, 

which we always try to do, but also the Transportation and Infrastructure Committee, which has jurisdiction over the new transportation bill. This will be part of that bill eventually. It will be 

wrapped into it. But we tried very, very hard to make certain that 

we were meeting our obligations on this subcommittee and in the 

Science Committee with regards to this matter. And we are determined to have the research done by the Department of Transportation be good research, and so we have put a lot of effort into this 

bill, and we appreciate the efforts of the Transportation and Infrastructure Committee to work with us, and we hope they will accept 

this without too many changes. 

I will proceed with my opening statement. Our nation’s transportation system faces tremendous challenges. We have more drivers 

who are driving more miles, causing severe congestion. An aging 

infrastructure is putting a strain on State and local transportation 

budgets, which are tied up in maintaining our existing system with 

little, if any, money left for improving the system and planning for 

128 

the future. The public demands safer, less congested road, and 

more public transit options. Considering that we won’t have the 

ability to simply build more roads to address these challenges, especially in urban areas, we must look at new ways to improve the 

overall system, to make it safer and more efficient, and to ensure 

that the system meets future needs. 

Fundamental improvements to the entire transportation system 

depend on high-quality surface transportation research. More importantly, research saves lives and saves money. Research extends 

the life of pavements, provides increased safety measures on roads 

and in cars, and develops the technologies to increase the efficiency 

and reduce the cost of transit systems. 

The Subcommittee on Environment, Technology, and Standards, 

which shares jurisdiction over surface transportation research with 

the Transportation and Infrastructure Committee, held a hearing 

last year to hear from experts on the state of the Federal Government’s current surface transportation research program. In addition, we heard from a wide array of interests on how to improve 

and reform the research program, and the levels at which research 

should be funded. Based on this input, we developed the Surface 

Transportation Research and Development Act of 2003. 

This legislation has three overarching goals: to increase stakeholder input to ensure that the folks who must implement and use 

the research agree that it is worthwhile and transferable into practice; to create the highest quality research through increased competition and peer-review of all project proposals; and to ensure 

greater accountability so that our research actually supports the 

goals of our surface transportation system. I believe this approach 

will go a long way to help solve the many challenges facing our nation’s transportation system. 

I will be offering a manager’s amendment, which I will explain 

later, and I know there may be a few other amendments that Members may offer. I urge my colleagues to support this bill and pass 

the legislation on to the Full Committee. 

[The prepared statement of Mr. Ehlers follows:] 

PREPARED STATEMENT OF CHAIRMAN VERNON J. EHLERS

Our nation’s transportation system faces tremendous challenges. We have more 

drivers who are driving more miles causing severe congestion. An aging infrastructure is putting a strain on State and local transportation budgets, which are tied 

up in maintaining our existing system, with little, if any, money left for improving 

the system and planning for the future. The public demands safer, less congested 

roads, and more public transit options. Considering that we won’t have the ability 

to simply build more roads to address these challenges, especially in urban areas, 

we must look at new ways to improve the overall system, to make it safer and more 

efficient, and to ensure that the system meets future needs. 

Fundamental improvements to the entire transportation system depend on high 

quality surface transportation research. More importantly, research saves lives and 

saves money. Research extends the life of pavements, provides increased safety 

measures on roads and in cars, and develops the technologies to increase the efficiency and reduce the cost of transit systems. 

The Subcommittee on Environment, Technology, and Standards, which shares jurisdiction over surface transportation research with the Transportation and Infrastructure Committee, held a hearing last year to hear from experts on the state of 

the Federal Government’s current surface transportation research program. In addition, we heard from a wide array of interests on how to improve and reform the 

research program, and the levels at which research should be funded. Based on this 

129 

input, we developed the Surface Transportation Research and Development Act of 

2003. 

This legislation has three overarching goals: to increase stakeholder input to ensure that the folks who must implement and use the research agree that it is worthwhile and transferable into practice; to create the highest quality research through 

increased competition and peer-review of all project proposals; and to ensure greater 

accountability so that our research actually supports the goals of our surface transportation system. I believe this approach will go a long way to help solve the many 

challenges facing our nation’s transportation system. 

I will be offering a manager’s amendment, which I will explain later, and I know 

there may be a few other amendments that Members may offer. I urge my colleagues to support this bill and pass the legislation on to the Full Committee. 

Mr. EHLERS. I now recognize Mr. Udall for five minutes to 

present his opening remarks. 

Mr. UDALL. Good morning. Thank you, Mr. Chairman, in particular for bringing this bill forward for consideration by the Subcommittee. 

Transportation is an essential function of our daily lives and our 

economy. Each day, thousands of people, goods, and services move 

throughout the country and throughout the world, although not always as efficiently and effectively as we would like. My constituents in Colorado are not alone in their frustration with traffic congestion or in their desire to retain the quality of our environment. 

While infrastructure improvements are needed, we can not build 

our way out of all of our transportation problems. As the Chairman 

suggested, we need better tools to help us use our existing infrastructure more efficiently and to help us better design infrastructure improvement projects to get the most mobility for our money. 

Investment in research and development is the fastest way to 

achieve these goals. I am very pleased that the Committee has reauthorized the diverse portfolio of transportation research. We need 

to continue to improve the technology and materials used in our 

highways and public transportation systems. However, we need 

more than materials and engineering. 

We need to incorporate more social science into the design of our 

transportation system. We need to foster more public involvement 

in transportation project planning and to better understand the social and economic factors that influence travel demand and travel 

patterns. We need to expand transportation options, including expanding the ability of citizens to walk and to ride bicycles. These 

components should be an integral part of any transportation 

project, just as they should guide our research agenda. 

I realize we will be making further changes in this legislation as 

it moves through this committee and through to the end of the legislative process. I hope we will be able to retain a balanced, diverse 

portfolio of transportation research as this bill proceeds. 

[The prepared statement of Mr. Udall follows:] 

PREPARED STATEMENT OF REPRESENTATIVE MARK UDALL

Good morning. Thank you, Mr. Chairman, for bringing this bill forward for consideration by the Subcommittee. 

Transportation is an essential function in our daily lives and our economy. Each 

day thousands of people, goods and services move throughout the country and 

throughout the world—although not always as efficiently and effectively as we 

would like. 

My constituents in Colorado are not alone in their frustration with traffic congestion or in their desire to retain the quality of our environment. While infrastructure 

130 

improvements are needed, we cannot build our way out of all of our transportation 

problems. 

We need better tools to help us to use our existing infrastructure more efficiently 

and to help us to better design infrastructure improvement projects to get the most 

mobility for our money. Investment in research and development is the fastest way 

to achieve these goals. 

I am very pleased that the Committee has reauthorized a diverse portfolio of 

transportation research. We need to continue to improve the technology and materials used in our highways and public transportation systems. 

However, we need more than materials and engineering. We need to incorporate 

more social science into the design of our transportation system. We need to foster 

more public involvement in transportation project planning and to better understand the social and economic factors that influence travel demand and travel patterns. 

We need to expand transportation options, including expanding the ability of citizens to walk and to ride bicycles. These components should be an integral part of 

any transportation project, just as they should guide our research agenda. 

I realize we will be making further changes in this legislation as it moves through 

this committee and through to the end of the legislative process. I hope we will be 

able to retain a balanced, diverse portfolio of transportation research as this bill proceeds. 

Mr. UDALL. With that, Mr. Chairman, I would yield back any 

time I have remaining. 

Mr. EHLERS. The gentleman’s time is expired. Without objection, 

all Members may place opening statements in the record at this 

point in time. Without objection, so ordered. 

We will now consider H.R. 3551. The bill is open for discussion, 

and the first reading of the bill. I ask unanimous consent that— 

go ahead. 

Ms. TESSIERI. H.R. 3551, to authorize appropriations to the Department of Transportation for surface transportation research and 

development and for other purposes. 

Mr. EHLERS. I ask for unanimous consent that the bill is considered as read and open to amendment at any point and that the 

Members proceed with the amendments in the order of the roster, 

although I will, out of deference to Congressman Lofgren, who has 

to go to another markup, we will place her second in line immediately after my manager’s amendment. Without objection, so ordered. 

[See Appendix for H.R. 3551.] 

Mr. EHLERS. The bill is open for amendments. 

The first amendment on the roster is an amendment in the nature of a substitute offered by the Chair. I have an amendment at 

the desk. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment in the nature of a substitute to H.R. 

3551 offered by Mr. Ehlers. 

[See Appendix for Amendment offered by Mr. Ehlers.] 

Mr. EHLERS. I ask unanimous consent to dispense with the reading. Without objection, so ordered. I also ask unanimous consent 

that the amendment in the nature of a substitute be considered 

original text. Without objection, so ordered. 

I now recognize myself for such time as I may consume. 

Let me start by addressing some confusion that has been raised 

regarding the funding for this bill. States, localities, the U.S. Department of Transportation, and other public and private groups 

all agree that surface transportation research funding must be increased. Current funding is insufficient to meet the challenges of 

131 

today’s transportation system, and it is certainly not enough to 

meet the needs of the future. 

While the Science Committee has jurisdiction over surface transportation research, we do not have jurisdiction over the Highway 

Trust Fund. We have worked with the Transportation Committee 

to determine the amount of transportation research funding, about 

$4 billion, that would be prudent based on the overall level of funding for the comprehensive highway bill, which is proposed to be 

about $375 billion. And within that level of funding, we allocated 

it to the programs included in H.R. 3551. This bill and this amendment say nothing about the trust funds, the gas tax, or any 

changes to the tax. However, since some Members have raised concerns about tying this bill to the overall funding levels in the 

Transportation Committee’s bill, which may be reduced, my 

amendment removes all references to funding in H.R. 3551. 

It is my intention at Full Committee to provide the funding recommendations for transportation research and specific programs. 

We are working on various ways to accomplish this. We may provide that a certain floor or percentage of the Highway Trust Fund 

be used for research. Alternatively, if an agreement is reached on 

the overall level of transportation spending, then we will revisit 

how much should be used for research and how it should be allocated. This amendment retains all of the other provisions of H.R. 

3551. More specifically, it creates the Future Strategic Highway 

Research Program. This program will focus on reducing congestion, 

renewing existing roads and bridges, improving safety, and assessing future needs, including those for transit systems. It establishes 

a public/private cooperative environmental research program to 

help us understand the link between the environment and the 

transportation system. It creates a new research program to demonstrate promising transit technologies and practices to improve efficiency and safety, and reduce costs. It requires all research 

projects funded by this legislation will be competitively awarded 

and peer-reviewed. And it provides better training and education 

programs for the transportation workforce. 

I urge my colleagues to support my amendment. Is there any further discussion on this amendment? The Chair recognizes Mr. 

Smith from Michigan. 

[The prepared statement of Mr. Ehlers follows:] 

PREPARED STATEMENT OF CHAIRMAN VERNON J. EHLERS

Let me start by addressing some confusion that has been raised regarding the 

funding for this bill. States, localities, the U.S. Department of Transportation, and 

other public and private groups all agree that surface transportation research funding must be increased. Current funding is insufficient to meet the challenges of today’s transportation system and is certainly not enough to the meet needs of the 

future. 

While the Science Committee has jurisdiction over surface transportation research, we do not have jurisdiction over the Highway Trust Fund. We have worked 

with the Transportation Committee to determine the amount of transportation research funding (about $4 billion) that would be prudent, based on the overall level 

of funding for the comprehensive highway bill (about $375 billion). And within that 

level of funding we allocated it to the programs included in H.R. 3551. This bill and 

this amendment say nothing about the Trust Funds, the gas tax, or any changes 

to the tax. 

132 

However, since some Members have raised some concerns about tying this bill to 

the overall funding levels in the Transportation Committee’s bill, which may be reduced, my amendment removes all references to funding in H.R. 3551. 

It is my intention at Full Committee to provide funding recommendations for 

transportation research and specific programs. We are working on various ways to 

accomplish this either by providing that a certain floor or percentage of the Highway Trust Fund should be used for research, or if we know what the overall level 

of transportation spending will be, then revisiting how much should be used for research and how it should be allocated. 

This amendment retains all the other provisions of H.R. 3551; more specifically, 

it: 

• Creates the Future Strategic Highway Research Program. This program will 

focus on reducing congestion, renewing existing roads and bridges, improving 

safety, and assessing future needs; 

• Establishes a public-private cooperative environmental research program to 

help us understand the link between the environment and the transportation 

system; 

• Creates a new research program to demonstrate promising transit technologies and practices to improve efficiency and safety, and reduce costs; 

• Requires all research projects funded by this legislation will be competitively 

awarded and peer-reviewed; and 

• Provides better training and education programs for the transportation workforce. 

I urge my colleagues to support my amendment. 

Mr. SMITH. Mr. Chairman, I need to think about what your 

amendment does in terms of keeping the increase in research 

money constant, is that what I understand that your substitute 

does regardless of whether or not the overall funding for the program goes down. 

Mr. EHLERS. If the gentleman will yield, the amendment that I’m 

offering now simply removes all funding levels from the bill and 

leaves that as an open question to be debated at Full Committee 

and with the Transportation and Infrastructure Committee. It does 

not force any funding levels at this time. 

Mr. SMITH. Thank you. 

Mr. EHLERS. The gentleman’s time is expired. Any further comment on the amendment? Hearing none, the vote occurs on the 

amendment in the nature of a substitute. All in favor say aye. 

Those opposed say no. The ayes have it, and the amendment in the 

nature of a substitute is agreed to. 

Next, we will take the amendments out of order—if it is supported by the Ranking Member, we will next take the amendment 

offered by Congresswoman Lofgren from California so that she can 

proceed to her markup in another committee. 

Ms. LOFGREN. Thank you, Mr. Chairman and Ranking Member 

Udall. This amendment, I believe, is an important—— 

Mr. EHLERS. Can I ask that you first offer the amendment? 

Ms. LOFGREN. I have an amendment at the desk, and I ask unanimous consent—— 

Mr. EHLERS. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment offered by Ms. Lofgren to the amendment in the nature of a substitute. 

[See Appendix for Amendment offered by Ms. Lofgren.] 

Mr. EHLERS. I ask unanimous consent to dispense with the reading. Without objection, so ordered. The gentlewoman is recognized 

for five minutes to explain her amendment. 

133 

Ms. LOFGREN. Thank you, Mr. Chairman and Mr. Udall. The 

amendment, I believe, is an important one and not a controversial 

one. It clarifies what types of research should be done regarding 

surface transportation and particularly guides the kind of top quality ongoing research that we need to have from a security point of 

view, as the Chairman knows. I also serve on the Homeland Security Committee, and I am aware of the needs that have not yet 

been addressed to have best practices and analysis done to secure 

the response and recovery of surface transportation. This amendment calls for the creation of four university centers for research 

on transportation security issues. The centers would conduct best 

practices, case studies, developing databases of terrorist incidents, 

and would assist federal and State agencies by conducting research 

on their behalf, and will help maintain vulnerability checklists that 

can be used by those in authority on a need-to-know basis. These 

centers would help develop curriculum that will lead to the awarding of a Master’s in science in security administration for those individuals who are willing to pursue this important area of study. 

I want to ensure the Members that I am unaware of any similar 

work being done or being proposed to be done by the Department 

of Homeland Security at this time. This amendment does not apply 

to research into maritime security issues, as I believe other committees will pursue this avenue of research. And finally, I believe 

the adoption of this amendment will help further the integration 

of intelligent transportation system technologies into an overall 

transportation security program. The amendment suggests, also, 

that these—and they would be peer-reviewed—would include partnerships with other institutions of higher education, the federal 

labs and other nonprofit laboratories, and I believe that this 

amendment will advance the security of the Nation, and I thank 

the gentleman for allowing me to offer it, and I yield back the balance of my time. 

[The prepared statement of Ms. Lofgren follows:] 

PREPARED STATEMENT OF REPRESENTATIVE ZOE LOFGREN

CREATING FOUR NATIONAL TRANSPORTATION 

SECURITY CENTERS 

Chairman Ehlers, Ranking Member Udall, thank you for allowing me the opportunity to offer an amendment on an issue that I believe is very important as we 

begin to clarify what types of research should be done regarding surface transportation. 

I believe it is more important than ever for the United States to conduct top quality, ongoing research of best practices for deterrence, response and recovery and to 

teach those best practices to transportation and security professionals to provide secure surface transportation for our nation. 

My amendment calls for the creation of four university centers for research on 

transportation security issues. These Centers will conduct best practices case studies, develop and disseminate an online database of terrorist incidents against surface transportation systems worldwide. These Centers will be available to assist federal and State agencies by conducting research on their behalf and will help maintain vulnerability checklists that can be used by those in authority on a need to 

know basis. These Centers will help develop curriculum that will lead to the awarding of a ‘‘Master in Science in Security Administration for those individuals who are 

willing to pursue this important area of study. 

I want to assure my fellow Subcommittee Members that I am unaware of any 

similar work being done or being proposed to be done by the Department of HomeVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00133 Fmt 6601 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
134 

land Security at this time. This amendment does not apply to research into maritime security issues as I believe other committees will pursue this avenue of research. And finally, Chairman Ehlers and Ranking Member Udall, I believe that the 

adoption of this amendment will help further the integration of intelligent transportation system technologies into an overall transportation security program. 

Thank you for allowing me to offer this amendment and I look forward to its 

adoption. 

Mr. EHLERS. The Chair recognizes himself for a question. I simply want to clarify, Congresswoman Lofgren, that your amendment 

refers strictly to surface transportation security, including cars, 

trucks, buses, trains, light rail and so forth, and it will not get into 

issues of port or even aviation? 

Ms. LOFGREN. That is correct, Mr. Chairman. 

Mr. EHLERS. Thank you. I just wanted to clarify that for the 

record. Is there further discussion on the amendment? Being none, 

the vote occurs on the amendment. All in favor, say aye. Those opposed, no. The ayes have it, and the amendment is agreed to. 

The next amendment on the roster is amendment number two, 

offered by the Ranking Member, Mr. Udall of Colorado. Are you 

ready to proceed? 

Mr. UDALL. Mr. Chairman, I have an amendment at the desk. 

Mr. EHLERS. The Clerk will read. 

Ms. TESSIERI. Amendment offered by Mr. Udall of Colorado to 

the amendment in the nature of a substitute. 

[See Appendix for Amendment offered by Mr. Udall.] 

Mr. EHLERS. I ask unanimous consent to dispense with the reading. Without objection, so ordered. And the gentleman is recognized 

for five minutes to explain his amendment. 

Mr. UDALL. Thank you, Mr. Chairman. The amendment that I 

am offering emphasizes the importance of doing more research on 

bicycle and pedestrian transportation. It particularly provides language to authorize research into the needs and benefits of bicycle 

and pedestrian transportation modes in the National Park system 

and the areas adjacent to those parks. 

Recent studies indicate that in many communities across the 

country, people, especially children, are walking and bicycling less 

than they have in the past. Walking and bicycling, I think we all 

would agree, are important modes of travel for everyone, particularly for children. These modes of exercise and travel not only provide excellent opportunities to get out and about, but they are essential for connecting with friends and they enable children to participate in community and after-school activities. 

The loss of these travel modes places additional time constraints 

on parents who then must drive their children to all destinations. 

A significant amount of the growth in vehicle miles traveled, so 

called VMTs, is attributable to the growth in these personal trips. 

We need to better understand the barriers to walking and biking 

and redesign our communities and our transportation system to facilitate pedestrian and bicycle travel. 

This is also true in the case of our national parks. The good news 

is that the numbers of visitors to our national parks has increased 

markedly in recent decades, nearly 300 million visitors enjoy our 

parks every year. But along with these increased numbers, we are 

seeing increasing damage being done to our parks through air and 

water pollution, noise intrusion, and other inappropriate uses. 

135 

Traffic congestion is increasing in the parks, diminishing the visitor experience and adversely affecting the resource values that the 

parks were established to protect in the first place. 

One way to alleviate this burden on the parks is through alternative transportation modes such as bicycle and pedestrian travel. 

My amendment would authorize the Department of Transportation 

to conduct research to assess the benefits, opportunities, and infrastructure needs associated with bicycle and pedestrian modes of 

travel in the National Park system and in areas adjacent to the 

parks. 

I want to thank the Chairman for his willingness to accept the 

amendment. If I could add just one other comment, Mr. Chairman, 

I think that the ripple effect of this research could be significant 

in our communities across the country. And I think if we can understand better how to make National Parks more livable environments and environments that are more friendly towards walkers 

and bicyclers, then that knowledge would be helpful in our other 

communities. So I want to thank you for your support of the 

amendment and ask that the Committee accept it. 

[The prepared statement of Mr. Udall follows:] 

PREPARED STATEMENT OF REPRESENTATIVE MARK UDALL

Mr. Chairman, I have an amendment at the desk. 

The amendment I’m offering today emphasizes the importance of doing more research on bicycle and pedestrian transportation. My amendment also provides language to authorize research into the needs and benefits of bicycle and pedestrian 

transportation modes in the National Park System and the areas adjacent to them. 

Recent studies indicate that in many communities across the country, people—especially children—are walking and bicycling less than they have in the past. Walking and bicycling are important modes of travel for everyone, especially for children. 

These modes not only provide excellent opportunities for exercise—they are also essential for connecting with friends, and they enable children to participate in community and after-school activities. 

The loss of these travel modes places additional time constraints on parents who 

then must drive their children to all destinations. A significant amount of the 

growth in vehicle miles traveled is attributable to the growth in these personal 

trips. We need to better understand the barriers to walking and biking and redesign 

our communities and our transportation system to facilitate pedestrian and bicycle 

travel. 

This is also true in the case of our national parks. The numbers of visitors to our 

national parks has increased markedly in recent decades. Nearly 300 million visitors enjoy our parks every year. 

But along with their increased numbers, we are seeing increasing damage being 

done to our parks through air and water pollution, noise intrusion, and inappropriate use. Traffic congestion is increasing in the parks, diminishing the visitor experience and adversely affecting the resource values that the parks were established 

to protect in the first place. 

One way to alleviate this burden on the parks is through alternative transportation modes, such as bicycle and pedestrian travel. My amendment would authorize 

the Department of Transportation to conduct research to assess the benefits, opportunities, and infrastructure needs associated with bicycle and pedestrian modes of 

travel in the National Park System and in areas adjacent to the parks. 

I’m pleased that the Chairman will accept my amendment. 

Mr. EHLERS. Is there any further discussion on the amendment? 

Hearing none, the vote occurs on the amendment. All in favor, say 

aye. Those opposed, say no. The ayes have it, and the amendment 

is agreed to. 

The next amendment on the roster is offered by Mr. Miller who 

is snowbound in North Carolina. Mr. Ranking Member, are you 

prepared to proceed with his amendment? 

136 

Mr. UDALL. I am, Mr. Chairman. I think there’s an amendment 

at the desk that Mr. Miller has offered. 

Mr. EHLERS. The Clerk will read. 

Ms. TESSIERI. Amendment offered by Mr. Miller of North Carolina to the amendment in the nature of a substitute. 

[See Appendix for Amendment offered by Mr. Miller.] 

Mr. EHLERS. I ask unanimous consent to dispense with the reading. Without objection, so ordered. The gentleman is recognized for 

five minutes to explain Mr. Miller’s amendment. 

Mr. UDALL. Mr. Chairman, as you mentioned, Mr. Miller has 

been detained in North Carolina due to the winter storms up and 

down the East Coast. He wanted to be here to offer amendment 

number three, and I will offer it on his behalf. 

I would ask unanimous consent that Mr. Miller be allowed to insert in the record at this point a statement for the record. 

Mr. EHLERS. Without objection, so ordered. 

[The prepared statement of Mr. Miller follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BRAD MILLER

ADDING A NEW AREA TO THE LIST OF RESEARCH AND 

DEVELOPMENT AREA IN THE INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM 

Mr. Chairman, my amendment to H.R. 3551 focuses much-needed attention on 

improving traffic management strategies to address the multiple impacts of congestion. These impacts include environmental quality in terms of vehicle emissions, fuel 

consumption, travel delays, safety concerns and so on. 

One of the broad goals of the transportation reauthorization legislation is to improve our nation’s ability to move its citizens from one place to another. That is becoming increasingly more difficult as more vehicles are on the road due to increased 

commuting distances, and as overall traffic patterns change. 

In my own State of North Carolina, I have seen congestion problems rise dramatically over the past few years, even in areas where traffic had never been an issue. 

It seems that everyone wants to live in North Carolina—and drive! This situation 

is not unique to North Carolina. It is developing across the country and we need 

to take steps to mitigate, if not solve, this problem. Improving our traffic management strategies, at the local, regional and State levels will have enormous benefits 

to our society. Our air will be cleaner; we will burn less fuel and reduce our dependence on foreign oil; our roads will be safer; and people’s access to jobs will be improved. 

I would note that the most effective way to accomplish these goals is through a 

multi-disciplinary approach; one that brings together not only the expert researchers, but - most importantly—brings together the transportation planners, local, regional and State government officials and all of the end users who would actually 

implement these improved traffic management strategies. In my State, the North 

Carolina Transportation Consortium, which is comprised of some of the best and 

brightest transportation policy experts in the country, is designed to do just that. 

I am convinced that, working with all of the various stakeholders, the NCTC will 

be able to develop solutions to these difficult problems that could be replicated in 

jurisdictions across the Nation. I hope that the Department of Transportation will 

recognize the benefit of drawing on NCTC’s expertise when they are looking for the 

best people to conduct this type of research. 

I urge your support for this amendment. 

Mr. UDALL. Thank you, Mr. Chairman. One of the broad goals of 

the transportation reauthorization legislation is to improve our nation’s ability to move its citizens from one place to another. One 

way to accomplish this goal is through a multi-disciplinary approach, one that brings together not only the expert researchers 

but most importantly brings together the transportation planners, 

137 

local, regional, and State government officials, and all of the end 

users who would actually implement these improved traffic management strategies. 

I believe this amendment would help accomplish the same, and 

I want to thank the Chairman for his intention to accept the 

amendment, and I also want to thank you on behalf of Representative Miller and myself for your support, Mr. Chairman. 

And with that, I would yield back. 

Mr. EHLERS. The gentleman’s time has expired. Does anyone else 

seek time to discuss the amendment? Being no request, the vote occurs on the amendment. All in favor, say aye. Those opposed, say 

no. The ayes have it, and the amendment is agreed to. 

Are there any further amendments? Hearing none, the question 

is on the bill, H.R. 3551, the Surface Transportation Research Act 

as amended. All those in favor will say aye. 

Mr. Smith is recognized. 

Mr. SMITH. Can you briefly—and I apologize for not being aware 

of this. Briefly give me the major changes between the existing law 

and these changes? 

Mr. EHLERS. If the gentleman will yield—— 

Mr. SMITH. Certainly. 

Mr. EHLERS.—I will make a few comments and let me call on 

staff members, too. 

Since we have removed the funding issue, that is not an issue, 

but clearly this bill was underfunded in the last go around. I 

should say the research was underfunded in the last go around. 

Everyone fails to recognize that no matter what their interests are 

in transportation that there are great opportunities to reduce costs 

and improve performance of our transit systems with appropriate 

research, whether it be types of concrete or the durability of the asphalt and recognizing that this may be different for every State or 

even every area of the Union. 

In addition, research on traffic flows, how we can relieve traffic 

flows through mass transit or bicycles, et cetera. These are a host 

of issues that must be addressed, and everyone agrees it was underfunded before. However, we will debate the funding at the Full 

Committee. 

Mr. SMITH. Mr. Chairman, if I may reclaim my time. But I was 

just looking, is there—are there major differences? I understand 

the amendments that we have discussed. Are there major differences from the existing law? 

Mr. EHLERS. I see one major difference. It is that we are insisting 

on peer-reviewed grants. This part of the transportation bill has 

traditionally been pork heaven with lots of earmarks made by individual Members for research to be done in their particular area by 

their own university. And we have tried to, in this bill, ensure that 

all of the research would be adequately peer-reviewed and will be 

granted on a merit basis. 

I will refer to the staff for any further comments on major differences. 

The STAFF. Thank you, Mr. Chairman. This bill makes a number 

of changes to existing law, most of them with the goal of integrating and coordinating research between the Federal Government, the State governments, universities, and the Transportation 

138 

Research Board, ensuring that strategic planning is integrated 

across the modes: rail, aviation, highways, and trying to fund some 

of the things that were identified to the Committee in the hearing 

as research gaps. This includes the Future Strategic Highway Research Program that Chairman Ehlers spoke about in his opening 

statement looking at renewing existing highways, improving safety, 

reducing congestion, and increasing capacity, as well as a program 

recommended by the National Academies, looking at the link between environment and transportation. 

Mr. EHLERS. Mr. Smith? 

Mr. SMITH. As a senior Member of the Transportation Committee, Mr. Chairman, would you be comfortable in giving us your 

guess, your prognosis of the future of the full transportation bill? 

Mr. EHLERS. Well, yes. That is not really appropriate here, but 

if the gentleman will yield, I will simply comment. The main issue 

that the Congress will have to deal with has nothing specifically to 

do with the transportation issues in the bill, although they will be 

in play. The big issue is going to be the level of funding. And the 

Congress, at this moment, appears not to be willing to fund the bill 

at the level that the Chairman of the Transportation and Infrastructure desires to fund it. And until that issue is resolved, I suspect there probably will not be too much progress on the entire bill. 

But we are hoping for an agreement on that score some time in the 

next few months. 

Mr. SMITH. Is there a possibility that some of the research provisions might be incorporated in a continuation language? 

Mr. EHLERS. If the gentleman would yield, I would certainly welcome that, but I would not be optimistic about it, because it is basically a continuing status, and committees, in general, do not want 

to raise any issues as they discuss whether to continue another five 

months or six months on a law that is on the books. 

Mr. SMITH. Thank you. 

Mr. EHLERS. The gentleman’s time has expired. The question before us is the passage of H.R. 3551. All of those in favor will say 

aye. All of those opposed will say no. In the opinion of the Chair, 

the ayes have it. 

I will now recognize Mr. Udall to offer a motion. 

Mr. UDALL. Mr. Chairman, I would move that the Subcommittee 

favorably report the bill H.R. 3551, as amended, to the Full Committee with the recommendation that it be in order for the bill, as 

amended by the Subcommittee, to be incorporated into an amendment in the nature of a substitute for consideration as an original 

bill for the purpose of amendment under the five-minute rule at 

Full Committee. Further, I ask unanimous consent that the staff 

be instructed to make all necessary technical and conforming 

changes to the bill, as amended, in accordance with the recommendations of the Subcommittee. 

Mr. EHLERS. The question is on this motion to report the bill favorably. Those in favor of the motion will signify by saying aye. 

Those opposed, no. The ayes have it. And the resolution is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

I move, pursuant to Clause 1 of Rule 22 of the Rules of the House 

of Representatives that the Subcommittee authorize the Chairman 

139 

to offer such motions as may be necessary in the House to adopt 

and pass H.R. 3551. Without objection, so ordered. 

This concludes our subcommittee markup. I thank you very 

much for your participation and the rapidity with which we were 

able to complete this task, and we can all get on to our other work. 

Thank you very much. This concludes the markup hearing. The 

meeting is adjourned. 

[Whereupon, at 10:35 a.m., the Subcommittee was adjourned.] 

(141) 

Appendix 1: 

ROSTER, AMENDMENTS, H.R. 3551, SECTION-BY-SECTION ANALYSIS

OF H.R. 3551 

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1

I

108TH CONGRESS

1ST SESSION H. R. 3551

To authorize appropriations to the Department of Transportation for surface

transportation research and development, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 20, 2003

Mr. EHLERS introduced the following bill; which was referred to the Committee on Science, and in addition to the Committee on Transportation

and Infrastructure, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To authorize appropriations to the Department of Transportation for surface transportation research and development, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Surface Transportation Research and Development Act

6 of 2003’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:


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•HR 3551 IH

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—SURFACE TRANSPORTATION RESEARCH

Sec. 101. Authorization of appropriations.

Sec. 102. Goals, principles, and processes.

Sec. 103. Transportation research and development strategic planning and annual reporting.

Sec. 104. Surface transportation research and development.

Sec. 105. Technology deployment.

Sec. 106. Training and education.

Sec. 107. Bureau of Transportation Statistics.

Sec. 108. State planning and research.

Sec. 109. Future Strategic Highway Research Program.

Sec. 110. University Transportation Centers.

Sec. 111. Intelligent Transportation systems.

Sec. 112. National Multimodal Trends Research Program.

TITLE II—MISCELLANEOUS

Sec. 201. Authorization of appropriations.

Sec. 202. Transit research.

Sec. 203. National Transit Institute.

Sec. 204. Human resource programs.

Sec. 205. Highway safety research and development.

Sec. 206. Motor carrier research and technology program.

Sec. 207. Transportation, energy, and environment.

Sec. 208. National Cooperative Freight Transportation Research Program.

Sec. 209. Next Generation National Transportation Policy Study Commission.

Sec. 210. Real-time system management information program.

Sec. 211. Planning capacity building initiative.

1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) Research and development is critical to de4 veloping and maintaining a transportation system

5 that meets the goals of safety, mobility, economic vi6 tality, efficiency, equity, and environmental protec7 tion.

8 (2) Federally sponsored surface transportation

9 research and development has produced many suc10 cesses. The development of rumble strips has in11 creased safety; research on materials has increased


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•HR 3551 IH

1 the lifespan of pavements, saving money and reduc2 ing the disruption caused by construction; and Geo3 graphic Information Systems have improved the

4 management and efficiency of transit fleets.

5 (3) Despite these important successes, the Fed6 eral surface transportation research and develop7 ment investment represents only about 0.5 percent

8 of overall government spending on surface transpor9 tation.

10 (4) While Congress increased funding for over11 all transportation programs by about 40 percent in

12 the Transportation Equity Act for the 21st Century,

13 funding for transportation research and development

14 remained relatively flat.

15 (5) The Federal investment in research and de16 velopment should be balanced between short-term

17 applied and long-term fundamental research and de18 velopment. The investment should also cover a wide

19 range of research areas, including research on mate20 rials and construction, research on operations, re21 search on transportation trends and human factors,

22 and research addressing the institutional barriers to

23 deployment of new technologies.

24 (6) Therefore, Congress finds that it is in the

25 United States interest to increase the Federal inVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00283 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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•HR 3551 IH

1 vestment in transportation research and develop2 ment, and to conduct research in critical research

3 gaps, in order to ensure that the transportation sys4 tem meets the goals of safety, mobility, economic vi5 tality, efficiency, equity, and environmental protec6 tion.

7 TITLE I—SURFACE

8 TRANSPORTATION RESEARCH

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—

11 (1) SURFACE TRANSPORTATION RESEARCH, DE12 VELOPMENT, AND DEPLOYMENT.—To carry out sec13 tions 502, 503, 506, 507, and 509 of title 23,

14 United States Code, and section 112 of this Act, re15 lating to research and development, there are au16 thorized to be appropriated to the Secretary of

17 Transportation the following:

18 (A) $228,000,000 for fiscal year 2004, of

19 which—

20 (i) $15,000,000 shall be set aside to

21 carry out the Surface Transportation Envi22 ronment and Planning Cooperative Re23 search Program under section 507 of title

24 23, United States Code;


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•HR 3551 IH

1 (ii) $7,000,000 shall be set aside to

2 carry out advanced exploratory research

3 under section 502(d) of title 23, United

4 States Code; and

5 (iii) $5,000,000 shall be set aside to

6 carry out the National Multimodal Trends

7 Research Progam under section 112 of this

8 Act.

9 (B) $272,000,000 for fiscal year 2005, of

10 which—

11 (i) $15,000,000 shall be set aside to

12 carry out the Surface Transportation Envi13 ronment and Planning Cooperative Re14 search Program under section 507 of title

15 23, United States Code;

16 (ii) $10,000,000 shall be set aside to

17 carry out research under section 502(d) of

18 title 23, United States Code; and

19 (iii) $5,000,000 shall be set aside to

20 carry out research under section 112 of

21 this Act.

22 (C) $316,000,000 for fiscal year 2006, of

23 which—

24 (i) $20,000,000 shall be set aside to

25 carry out the Surface Transportation EnviVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00285 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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•HR 3551 IH

1 ronment and Planning Cooperative Re2 search Program under section 507 of title

3 23, United States Code;

4 (ii) $15,000,000 shall be set aside to

5 carry out research under section 502(d) of

6 title 23, United States Code; and

7 (iii) $5,000,000 shall be set aside to

8 carry out research under section 112 of

9 this Act.

10 (D) $367,000,000 for fiscal year 2007, of

11 which—

12 (i) $20,000,000 shall be set aside to

13 carry out the Surface Transportation Envi14 ronment and Planning Cooperative Re15 search Program under section 507 of title

16 23, United States Code;

17 (ii) $15,000,000 shall be set aside to

18 carry out research under section 502(d) of

19 title 23, United States Code; and

20 (iii) $5,000,000 shall be set aside to

21 carry out research under section 112 of

22 this Act.

23 (E) $423,000,000 for fiscal year 2008, of

24 which—


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7

•HR 3551 IH

1 (i) $30,000,000 shall be set aside to

2 carry out the Surface Transportation Envi3 ronment and Planning Cooperative Re4 search Program under section 507 of title

5 23, United States Code;

6 (ii) $15,000,000 shall be set aside to

7 carry out research under section 502(d) of

8 title 23, United States Code; and

9 (iii) $5,000,000 shall be set aside to

10 carry out research under section 112 of

11 this Act.

12 (F) $490,000,000 for fiscal year 2009, of

13 which—

14 (i) $30,000,000 shall be set aside to

15 carry out the Surface Transportation Envi16 ronment and Planning Cooperative Re17 search Program under section 507 of title

18 23, United States Code;

19 (ii) $15,000,000 shall be set aside to

20 carry out research under section 502(d) of

21 title 23, United States Code; and

22 (iii) $5,000,000 shall be set aside to

23 carry out research under section 112 of

24 this Act.


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8

•HR 3551 IH

1 (2) TRAINING AND EDUCATION.—To carry out

2 section 504 of title 23, United States Code, there

3 are authorized to be appropriated to the Secretary

4 of Transportation the following:

5 (A) $50,000,000 for fiscal year 2004.

6 (B) $60,000,000 for fiscal year 2005.

7 (C) $70,000,000 for fiscal year 2006.

8 (D) $70,000,000 for fiscal year 2007.

9 (E) $75,000,000 for fiscal year 2008.

10 (F) $75,000,000 for fiscal year 2009.

11 (3) BUREAU OF TRANSPORTATION STATIS12 TICS.—For the Bureau of Transportation Statistics

13 to carry out section 111 of title 49, United States

14 Code, there are authorized to be appropriated to the

15 Secretary of Transportation the following:

16 (A) $36,000,000 for fiscal year 2004, of

17 which $5,000,000 shall be set aside for research

18 and development grants under subsection

19 (k)(1)(B) of such section.

20 (B) $37,000,000 for fiscal year 2005, of

21 which $5,000,000 shall be set aside for research

22 and development grants under subsection

23 (k)(1)(B) of such section.

24 (C) $38,000,000 for fiscal year 2006, of

25 which $5,000,000 shall be set aside for research


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•HR 3551 IH

1 and development grants under subsection

2 (k)(1)(B) of such section.

3 (D) $43,000,000 for fiscal year 2007, of

4 which $5,000,000 shall be set aside for research

5 and development grants under subsection

6 (k)(1)(B) of such section.

7 (E) $47,000,000 for fiscal year 2008, of

8 which $5,000,000 shall be set aside for research

9 and development grants under subsection

10 (k)(1)(B) of such section.

11 (F) $50,000,000 for fiscal year 2009, of

12 which $5,000,000 shall be set aside for research

13 and development grants under subsection

14 (k)(1)(B) of such section.

15 (4) UNIVERSITY TRANSPORTATION RE16 SEARCH.—For carrying out section 5505 of title 49,

17 United States Code, there are authorized to be ap18 propriated to the Secretary of Transportation the

19 following:

20 (A) $56,000,000 for fiscal year 2004.

21 (B) $66,000,000 for fiscal year 2005.

22 (C) $76,000,000 for fiscal year 2006.

23 (D) $90,000,000 for fiscal year 2007.

24 (E) $90,000,000 for fiscal year 2008.

25 (F) $90,000,000 for fiscal year 2009.


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•HR 3551 IH

1 (5) INTELLIGENT TRANSPORTATION SYSTEMS

2 RESEARCH.—For carrying out the Intelligent Trans3 portation Systems Act of 2003, there are authorized

4 to be appropriated to the Secretary of Transpor5 tation the following:

6 (A) $130,000,000 for fiscal year 2004.

7 (B) $135,000,000 for fiscal year 2005.

8 (C) $140,000,000 for fiscal year 2006.

9 (D) $140,000,000 for fiscal year 2007.

10 (E) $145,000,000 for fiscal year 2008.

11 (F) $145,000,000 for fiscal year 2009.

12 (b) COLLABORATIVE RESEARCH AND DEVELOP13 MENT.—Section 502(b) of title 23, United States Code,

14 is amended—

15 (1) by striking paragraph (3); and

16 (2) by redesignating paragraphs (4) and (5) as

17 paragraphs (3) and (4), respectively.

18 SEC. 102. GOALS, PRINCIPLES, AND PROCESSES.

19 (a) GOALS.—The Federal Government shall support

20 surface transportation research in order to support the

21 goals established for the surface transportation system as

22 set forth in the Transportation Equity Act for the 21st

23 Century, including supporting economic vitality, improving

24 safety and security, increasing mobility, protecting and en25 hancing the environment, improving integration between


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•HR 3551 IH

1 modes of transportation, promoting efficiency, and empha2 sizing the preservation of the existing transportation sys3 tem.

4 (b) BASIC PRINCIPLES GOVERNING RESEARCH AND

5 DEVELOPMENT.—

6 (1) FEDERAL RESPONSIBILITY.—Funding and

7 conducting surface transportation research and de8 velopment and technology transfer activities shall be

9 the responsibility of the Federal Government when—

10 (A) the work is of national significance;

11 (B) it supports research in which there is

12 a clear public benefit, and private sector invest13 ment is less than optimal due to market failure;

14 (C) it supports critical research that is not

15 otherwise being conducted by the public or pri16 vate sector;

17 (D) it supports a Federal stewardship role

18 in ensuring that State and local governments

19 use national resources efficiently; or

20 (E) it presents the best means to support

21 Federal policy goals compared to other policy

22 alternatives.

23 (2) ROLE.—Consistent with these Federal re24 sponsibilities, the Secretary of Transportation

25 shall—


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1 (A) conduct research;

2 (B) support and facilitate research and de3 velopment and technology transfer activities by

4 State highway agencies, metropolitan planning

5 organizations, and local governments;

6 (C) share results of completed research;

7 and

8 (D) support and facilitate technology and

9 innovation deployment.

10 (3) PROGRAM CONTENT.—The surface trans11 portation research and development program shall

12 include—

13 (A) fundamental, long-term research;

14 (B) research aimed at significant research

15 gaps, and emerging issues with national impli16 cations; and

17 (C) research related to policy and plan18 ning.

19 (c) PROCESSES.—

20 (1) STAKEHOLDER INPUT.—Federally spon21 sored surface transportation research and develop22 ment activities shall address the needs of partners

23 and stakeholders. Stakeholders include users of re24 search (such as States, metropolitan planning orga25 nizations, local governments, and the private sector),


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•HR 3551 IH

1 researchers, research sponsors, and other affected

2 parties, including public interest groups. Stake3 holders shall be included at every level of research

4 including strategic planning, agenda setting, and

5 program evaluation. The Secretary shall expand the

6 range and diversity of stakeholders engaged in the

7 process.

8 (2) COMPETITION AND PEER REVIEW.—All par9 ties entering into contracts or cooperative agree10 ments with the Secretary, or receiving grants, to

11 perform research and development activities or pro12 vide technical assistance under this Act shall be se13 lected on a competitive basis, and on the basis of the

14 results of peer review of proposals submitted to the

15 Secretary.

16 (3) PERFORMANCE REVIEW AND EVALUA17 TION.—All surface transportation research and de18 velopment projects shall include a component of per19 formance measurement and evaluation. Performance

20 measures shall be established during the proposal

21 stage of a research project and shall, to the max22 imum extent possible, be outcome-based. All evalua23 tions shall be made readily available to the public.

24 The results of all surface transportation research


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1 and development funded under this Act shall be peer

2 reviewed.

3 SEC. 103. TRANSPORTATION RESEARCH AND DEVELOP4 MENT STRATEGIC PLANNING AND ANNUAL

5 REPORTING.

6 (a) AMENDMENT.—Section 508 of title 23, United

7 States Code, is amended to read as follows:

8 ‘‘§ 508. Transportation research and development

9 strategic planning and annual reporting

10 ‘‘(a) IN GENERAL.—The Secretary shall—

11 ‘‘(1) establish a strategic planning process, con12 sistent with section 306 of title 5 for the Depart13 ment of Transportation to determine national trans14 portation research and development priorities;

15 ‘‘(2) set national transportation strategic goals

16 and research and development priorities;

17 ‘‘(3) coordinate Federal transportation research

18 and development activities;

19 ‘‘(4) measure the results of those activities and

20 how they impact the performance of the transpor21 tation systems of the United States; and

22 ‘‘(5) ensure that planning and reporting activi23 ties carried out under this section are coordinated

24 with all other transportation planning and reporting

25 requirements.


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1 ‘‘(b) IMPLEMENTATION.—The Secretary shall—

2 ‘‘(1) provide for the integrated planning, coordi3 nation, and consultation among the operating ad4 ministrations of the Department of Transportation,

5 including the aviation, transit, and rail operating ad6 ministrations, all other Federal agencies with re7 sponsibility for surface transportation research and

8 technology development, State and local govern9 ments, institutions of higher education, industry,

10 and other private and public sector organizations en11 gaged in surface transportation-related research and

12 development activities;

13 ‘‘(2) ensure that the transportation research

14 and development programs of the Department do

15 not duplicate other Federal, State, or private sector

16 research and development programs; and

17 ‘‘(3) provide for independent validation of the

18 scientific and technical assumptions underlying the

19 transportation research and development programs

20 of the Department.

21 ‘‘(c) TRANSPORTATION RESEARCH AND DEVELOP22 MENT STRATEGIC PLAN.—

23 ‘‘(1) DEVELOPMENT.—Not later than 1 year

24 after the date of enactment of the Surface Transpor25 tation Research and Development Act of 2003 the


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1 Secretary shall develop an integrated transportation

2 research and development strategic plan. The Sec3 retary shall periodically revise such plan.

4 ‘‘(2) CONTENTS.—The plan shall—

5 ‘‘(A) include the general goals and prin6 ciples of the Department of Transportation for

7 transportation research and development pro8 gram set forth in section 102 of the Surface

9 Transportation Research and Development Act

10 of 2003;

11 ‘‘(B) define the roles of the Department

12 and other Federal agencies in achieving the

13 goals and principles identified under subpara14 graph (A), in order to avoid unnecessary dupli15 cation of effort;

16 ‘‘(C) define the Department’s overall strat17 egy and research and development priorities,

18 and for each research area specified in section

19 502, set out—

20 ‘‘(i) specific research strategies;

21 ‘‘(ii) research objectives and priorities;

22 ‘‘(iii) projects to be carried out;

23 ‘‘(iv) recommended technology trans24 fer activities to promote the deployment of

25 research results; and


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1 ‘‘(v) short-term, medium-term, and

2 long-term technology development and de3 ployment activities;

4 ‘‘(D) define the role of each of the oper5 ating administrations of the Department in car6 rying out the plan over the next 5 years, includ7 ing a description of procedures for coordination

8 of the efforts of the Secretary with the efforts

9 of the operating administrations of the Depart10 ment and other Federal agencies;

11 ‘‘(E) assess how State and local research

12 and development activities are contributing to

13 the achievement of the goals identified under

14 subparagraph (A) and priorities identified

15 under subparagraph (C);

16 ‘‘(F) provide details of the transportation

17 research and development programs of the De18 partment, including performance goals, re19 sources needed to achieve those goals, and per20 formance indicators as described in section

21 1115(a) of title 31 for the next 5 years for each

22 area of research and development;

23 ‘‘(G) incorporate input from a wide range

24 of interests in the transportation community,

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1 politan planning organizations, local govern2 ments, business, environmental and community

3 organizations, academia, and other relevant

4 Federal agencies, and summarize significant

5 comments on the plan obtained from these in6 terests; and

7 ‘‘(H) incorporate the input of the National

8 Academy of Sciences and include responses to

9 significant comments obtained from the Acad10 emy and other advisory bodies, and describe

11 any corrective actions taken pursuant to such

12 comments.

13 ‘‘(3) NATIONAL ACADEMY OF SCIENCES RE14 VIEW.—The Secretary shall enter into an agreement

15 for the review by the National Academy of Sciences

16 of the details of each—

17 ‘‘(A) strategic plan or revision required

18 under section 306 of title 5;

19 ‘‘(B) performance plan required under sec20 tion 1115 of title 31; and

21 ‘‘(C) program performance report required

22 under section 1116 of title 31—

23 with respect to transportation research and develop24 ment.


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1 ‘‘(4) PERFORMANCE PLANS AND REPORTS.—In

2 reports submitted under sections 1115 and 1116 of

3 title 31, the Secretary shall include—

4 ‘‘(A) a summary of the results for the pre5 vious fiscal year of transportation research and

6 development programs to which the Department

7 of Transportation contributes, along with—

8 ‘‘(i) an analysis of the relationship be9 tween those results and the goals identified

10 under paragraph (2)(A); and

11 ‘‘(ii) a description of the methodology

12 used for assessing the results; and

13 ‘‘(B) a description of significant transpor14 tation research and development initiatives, if

15 any, undertaken during the previous fiscal year

16 that were not in the plan developed under para17 graph (1), and any significant changes in the

18 plan from the previous year’s plan.

19 ‘‘(d) MERIT REVIEW AND PERFORMANCE MEASURE20 MENT.—Not later than 1 year after the date of enactment

21 of the Surface Transportation Research and Development

22 Act of 2003, the Secretary shall transmit to Congress a

23 report describing competitive merit review procedures for

24 use in selecting grantees and contractors in the programs

25 covered by the plan developed under subsection (c) and


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1 performance measurement procedures for evaluating the

2 programs.

3 ‘‘(e) PROCUREMENT PROCEDURES.—The Secretary

4 shall—

5 ‘‘(1) develop model procurement procedures

6 that encourage the use of advanced technologies; and

7 ‘‘(2) develop model transactions for carrying

8 out and coordinating Federal and State transpor9 tation research and development activities.

10 ‘‘(f) ANNUAL PROJECT REPORTS.—The Secretary

11 shall publish and make publicly available an annual report

12 documenting all transportation research and development

13 activities of the Department. The report shall include de14 tailed accounting of how Federal funds were expended.

15 ‘‘(g) CONSISTENCY WITH GOVERNMENT PERFORM16 ANCE AND RESULTS ACT OF 1993.—The plans and re17 ports developed under this section shall be consistent with

18 and incorporated as part of the plans developed under sec19 tion 306 of title 5 and sections 1115 and 1116 of title

20 31.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

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

23 striking the item related to section 508 and inserting the

24 following:

‘‘508. Transportation research and development strategic planning and annual

reporting.’’.


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1 SEC. 104. SURFACE TRANSPORTATION RESEARCH AND DE2 VELOPMENT.

3 (a) SURFACE TRANSPORTATION RESEARCH AND DE4 VELOPMENT.—Section 502 of title 23, United States

5 Code, is amended—

6 (1) in subsection (a)—

7 (A) by striking subparagraphs (B) and (C)

8 of paragraph (1) and inserting the following:

9 ‘‘(B) all phases of transportation planning

10 and development (including construction, trans11 portation system management and operation,

12 modernization, development, design, mainte13 nance, safety, data collection, performance anal14 ysis, multimodal assessment, financing, demand

15 forecasting, and traffic conditions);

16 ‘‘(C) institutional arrangements and sup17 port; and

18 ‘‘(D) the effect of State laws on the activi19 ties described in subparagraphs (A), (B), and

20 (C).’’; and

21 (B) in paragraph (3)(C), by inserting

22 ‘‘academic researcher,’’ after ‘‘association, insti23 tution,’’;

24 (2) in subsection (c)—


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•HR 3551 IH

1 (A) in paragraph (1), by inserting ‘‘acces2 sibility, connectivity,’’ after ‘‘United States, in3 cluding’’;

4 (B) by redesignating paragraphs (4)

5 through (11) as paragraphs (5) through (12),

6 respectively;

7 (C) by inserting after paragraph (3) the

8 following new paragraph:

9 ‘‘(4) Methods and testing to determine the im10 pacts, both positive and negative, to communities

11 from major transportation investments.’’;

12 (D) in paragraph (6), as so redesignated

13 by subparagraph (B) of this paragraph—

14 (i) by striking ‘‘research project’’ and

15 inserting ‘‘improvements against policy ob16 jectives’’ in subparagraph (B); and

17 (ii) by inserting ‘‘and management’’

18 after ‘‘transportation operations’’ in sub19 paragraph (C);

20 (E) in paragraph (12), as so redesignated

21 by subparagraph (B) of this paragraph, by

22 striking ‘‘, including unobtrusive eyetracking

23 technology’’; and

24 (F) by adding at the end the following new

25 paragraphs:


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•HR 3551 IH

1 ‘‘(13) Environmental research, including re2 search described in the Transportation Research

3 Board Special Report 268, entitled ‘Surface Trans4 portation Environmental Research: A Long-Term

5 Strategy’, published in 2002.

6 ‘‘(14) Assessment of planning strategies that

7 link land use and transportation in metropolitan

8 areas.

9 ‘‘(15) Exploratory advanced research under

10 subsection (d).

11 ‘‘(16) Research aimed at understanding how

12 emerging trends (including demographic, economic,

13 and social trends) will affect and are affected by sur14 face transportation usage and needs.

15 ‘‘(17) Research on the link between transpor16 tation and health (including asthma and obesity).

17 ‘‘(18) Research on, and dissemination of rec18 ommendations and best practices aimed at address19 ing, nontechnical barriers to technology deployment

20 (which include fragmented local authority, rigid pro21 curement rules, and privacy and liability consider22 ations).

23 ‘‘(19) Research on the effects of climate condi24 tions (such as freezing, thawing, and precipitation)

25 on highway construction and maintenance, including


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•HR 3551 IH

1 research to reduce or repair damage caused by cli2 matic conditions, development of materials that can

3 withstand climatic conditions, and research on the

4 effects of climatic conditions on the costs of highway

5 construction and maintenance.

6 ‘‘(20) Research to improve the infrastructure

7 investment needs report under subsection (g)

8 through new methods of collecting better quality

9 data, monitoring in a system-wide manner, the de10 termination of critical metrics to assess condition

11 and performance, and new methods of statistical

12 analysis and computer models to improve the pre13 diction of future needs.

14 ‘‘(21) Research, development, and technology

15 transfer related to asset management.

16 ‘‘(22) Any other surface transportation research

17 topics that the Secretary determines, in accordance

18 with the strategic planning process under section

19 508, to be critical.’’;

20 (3) in subsection (d)—

21 (A) in paragraph (1)—

22 (i) by inserting ‘‘exploratory’’ after

23 ‘‘shall establish an’’; and

24 (ii) by inserting ‘‘fundamental’’ after

25 ‘‘508, that addresses’’; and


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•HR 3551 IH

1 (B) by striking paragraph (2) and insert2 ing the following new paragraphs:

3 ‘‘(2) GOAL.—The goal of the research program

4 under this subsection shall be to achieve break5 throughs in understanding transportation phe6 nomena. Exploratory advanced research should have

7 a broader objective, longer time frame, multidisci8 plinary nature, and have both a higher risk and a

9 higher potential payoff than for problem-solving re10 search.

11 ‘‘(3) AGENDA.—Not later than 15 months after

12 that date of enactment of this paragraph, the Sec13 retary shall develop an agenda for exploratory ad14 vanced research. The agenda shall outline key ques15 tions to be addressed and proposed areas of research

16 to address these questions. The agenda shall also

17 document the best way to accomplish this research

18 (such as through Federal laboratories or academic

19 researchers). Upon completion, the agenda shall be

20 transmitted to the Committee on Transportation and

21 Infrastructure and the Committee on Science of the

22 House of Representatives, and the Committee on

23 Environment and Public Works of the Senate, and

24 made available to the general public.


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•HR 3551 IH

1 ‘‘(4) CONSULTATION.—The Secretary shall con2 sult with the National Science Foundation in review3 ing fundamental research proposals, and to obtain

4 advice on peer review protocols.

5 ‘‘(5) WORKSHOP.—In order to develop the

6 agenda for exploratory advanced research under

7 paragraph (3), the Secretary shall convene a work8 shop with appropriate researchers and policymakers

9 from Federal and State agencies, as well as aca10 demic researchers, to gather recommendations. The

11 goal of the workshop shall be to determine priority

12 areas of exploratory advanced research for Federal

13 investment. Emphasis shall be placed on hearing

14 from a diverse group of stakeholders. The Secretary

15 shall make the results of the workshop widely avail16 able to the public. The workshop shall be held within

17 9 months after the date of the enactment of this

18 paragraph.

19 ‘‘(6) USE OF FUNDS.—In any fiscal year with

20 respect to which $5,000,000 or more is appropriated

for carrying out this subsection, at least 1 21 ⁄2 of the

22 funds in excess of $5,000,000 shall be used to carry

23 out the grant program described in paragraph (7).

24 Funds appropriated for carrying out this subsection

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1 graph (7) shall be used to carry out the agenda de2 veloped under paragraph (3). All exploratory ad3 vanced research proposals and results under this

4 subsection shall be peer reviewed.

5 ‘‘(7) GRANT PROGRAM.—If funds are available

6 under paragraph (6), the Secretary shall administer

7 a competitive, merit-reviewed and peer-reviewed

8 grant program to support fundamental research out9 side of the Federal Government. Eligible applicants

10 include academic researchers, and for-profit and not11 for-profit research institutions. Under this grant

12 program, research solicitations shall be open and

13 broad in order to spur creativity and innovation.

14 Funds may be used under this paragraph to support

15 research in a range of topics, including materials,

16 operations, and social science. Proposals with the

17 greatest merit shall be funded, and projects may re18 ceive funding for multiple years.’’;

19 (4) in subsection (e), by striking ‘‘(105 Stat.’’

20 and all that follows through ‘‘performance program’’

21 and inserting ‘‘and the Transportation Equity Act

22 for the 21st Century’’;

23 (5) by amending subsection (f) to read as fol24 lows:


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•HR 3551 IH

1 ‘‘(f) LONG-TERM BRIDGE PERFORMANCE PRO2 GRAM.—

3 ‘‘(1) AUTHORITY.—The Secretary shall estab4 lish a 20 year long-term bridge performance pro5 gram.

6 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

7 CONTRACTS.—Under the program, the Secretary

8 shall make grants and enter into cooperative agree9 ments and contracts to—

10 ‘‘(A) monitor, material-test, and evaluate

11 test bridges;

12 ‘‘(B) analyze the data obtained in carrying

13 out subparagraph (A); and

14 ‘‘(C) prepare products to fulfill program

15 objectives and meet future bridge technology

16 needs.’’;

17 (6) in subsection (g)—

18 (A) in paragraph (1)—

19 (i) by striking ‘‘1999’’ and inserting

20 ‘‘2005’’; and

21 (ii) by striking ‘‘highway and bridge’’

22 each place it appears and inserting ‘‘sur23 face transportation’’; and

24 (B) in paragraph (2), by striking ‘‘bian25 nual reports’’ and all that follows through


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•HR 3551 IH

1 ‘‘21st Century’’ and inserting ‘‘previous reports

2 under this subsection’’; and

3 (7) by adding at the end the following new sub4 section:

5 ‘‘(h) TURNER-FAIRBANK HIGHWAY RESEARCH CEN6 TER.—

7 ‘‘(1) IN GENERAL.—The Secretary shall operate

8 in the Federal Highway Administration a Turner9 Fairbank Highway Research Center.

10 ‘‘(2) USES OF THE CENTER.—The Turner11 Fairbank Highway Research Center shall support

12 the—

13 ‘‘(A) conduct of highway research and de14 velopment related to new highway technology;

15 ‘‘(B) development of understandings, tools,

16 and techniques that provide solutions to com17 plex technical problems through the develop18 ment of economical and environmentally sen19 sitive designs, efficient and quality controlled

20 construction practices, and durable materials;

21 and

22 ‘‘(C) development of innovative highway

23 products and practices.’’.

24 (b) GEOSPATIAL INFORMATION SYSTEMS.—Section

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1 tury (23 U.S.C. 502 note) is amended by revising sub2 section (b) to read as follows:

3 ‘‘(b) PROGRAM.—

4 ‘‘(1) NATIONAL POLICY.—The Secretary shall

5 establish and maintain a national policy for the use

6 of commercial remote sensing products and

7 geospatial information technologies in national

8 transportation infrastructure development and con9 struction.

10 ‘‘(2) POLICY IMPLEMENTATION.—The Sec11 retary shall develop new applications of commercial

12 remote sensing products and geospatial information

13 technologies for the implementation of the national

14 policy established and maintained under (b)(1) of

15 this section.’’.

16 (c) ENVIRONMENT AND PLANNING.—

17 (1) AMENDMENT.—Section 507 of title 23,

18 United States Code, is amended to read as follows:

19 ‘‘§ 507. Surface transportation environment and plan20 ning cooperative research program–

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish and support a collaborative, public-private,

23 multimodal surface transportation environment and plan24 ning cooperative research program.


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•HR 3551 IH

1 ‘‘(b) AGREEMENT.—The Secretary shall make grants

2 to or enter into cooperative agreements with the National

3 Academy of Sciences, or another nonprofit research orga4 nization established for this purpose, to support, admin5 ister, and manage the surface transportation environment

6 and planning cooperative research program.

7 ‘‘(c) ADVISORY BOARD.—

8 ‘‘(1) ESTABLISHMENT.—The organization de9 scribed in subsection (b) shall establish an inde10 pendent advisory board drawn from core partners

11 that represent environment, transportation, sci12 entific, and other interests, including the Depart13 ment of Transportation, the Environmental Protec14 tion Agency, the National Science Foundation, other

15 Federal agencies, the States, regional and local gov16 ernments, nonprofit organizations, academia, foun17 dations, and the private sector.

18 ‘‘(2) RESPONSIBILITIES.—The Advisory Board

19 shall have the responsibility for—

20 ‘‘(A) development of a research agenda,

21 which shall be published annually, shall serve as

22 the basis of the annual project solicitation, and

23 shall be based on the multiyear strategy de24 scribed in subsection (e), as revised under sub25 paragraph (D) of this paragraph;


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•HR 3551 IH

1 ‘‘(B) annual solicitation of project pro2 posals, including open competition and peer re3 view of research proposals;

4 ‘‘(C) development of project selection cri5 teria, through an open and public consultation

6 process with stakeholders, that emphasize—

7 ‘‘(i) the development of fundamental

8 knowledge; and

9 ‘‘(ii) collaborative research and fund10 ing; and

11 ‘‘(D) revision of the contents of the

12 multiyear strategy described in subsection (e),

13 through an open and public consultation proc14 ess, with the first revision to be completed 3

15 years after the first grants are awarded under

16 this section and subsequent revisions biennially

17 thereafter.

18 ‘‘(d) DISSEMINATION OF RESEARCH FINDINGS.—

19 The organization described in subsection (b) and the De20 partment of Transportation shall proactively disseminate

21 research findings under this section to researchers, practi22 tioners, and decisionmakers, through conferences and

23 seminars, field demonstrations, workshops, training pro24 grams, presentations, testimony to government officials,

25 the Internet, and publications for the general public.


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•HR 3551 IH

1 ‘‘(e) CONTENTS.—The national research agenda for

2 the surface transportation environment and planning co3 operative research program required under subsection

4 (c)(2)(C) shall be based on Transportation Research

5 Board Special Report 268, entitled ‘Surface Transpor6 tation Environmental Research: A Long-Term Strategy’,

7 published in 2002, which included the following research

8 areas:

9 ‘‘(1) Human Health.

10 ‘‘(2) Ecology and Natural Systems.

11 ‘‘(3) Environmental and Social Justice.

12 ‘‘(4) Emerging Technologies.

13 ‘‘(5) Land Use.

14 ‘‘(6) Planning and Performance Measures.

15 ‘‘(f) PROJECT FUNDING.—

16 ‘‘(1) MULTIYEAR FUNDING.—Projects may re17 ceive funding for multiple years under this section.

18 ‘‘(2) JOINT PROJECT FUNDING.—In addition to

19 using funds authorized for this section, the organiza20 tion that administers this program may seek and ac21 cept additional funding sources from public and pri22 vate entities capable of attracting and accepting

23 funding from Federal agencies, States, local govern24 ments, nonprofit foundations, and the private sector.


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•HR 3551 IH

1 ‘‘(g) PROGRAMMATIC EVALUATIONS.—(1) Not later

2 than 2 years after the first research project grants or con3 tracts are awarded under this section, the Secretary shall

4 enter into an arrangement with the National Academy of

5 Public Administration to review the program under this

6 section, and recommend improvements.

7 ‘‘(2) The National Academy of Public Administration

8 review shall—

9 ‘‘(A) assess the degree to which the projects

10 funded under this section have addressed the re11 search topics identified in the strategy established in

12 the Transportation Research Board Special Report

13 268, including identifying those topics which have

14 not yet been addressed;

15 ‘‘(B) assess the peer review process for project

16 proposals, and assess research project results; and

17 ‘‘(C) assess the extent of stakeholder involve18 ment in all facets of the program.

19 ‘‘(h) ANNUAL REPORT.—The organization described

20 in subsection (b) shall prepare and transmit to the Sec21 retary an annual report that includes a project summary

22 for every project funded under this section. Each summary

23 shall characterize the project, summarize its status, and

24 identify sponsors.’’.


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•HR 3551 IH

1 (2) CONFORMING AMENDMENT.—The analysis

2 for chapter 5 of title 23, United States Code, is

3 amended by striking the item related to section 507

4 and inserting the following:

‘‘507. Surface transportation environment and planning cooperative research

program.’’.

5 SEC. 105. TECHNOLOGY DEPLOYMENT.

6 Section 503 of title 23, United States Code, is

7 amended—

8 (1) in subsection (a)—

9 (A) by amending paragraph (7) to read as

10 follows:

11 ‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND

12 CONTRACTS.—

13 ‘‘(A) IN GENERAL.—Under the program,

14 the Secretary may make grants and enter into

15 cooperative agreements and contracts with

16 States, metropolitan planning organizations,

17 local governments, other Federal agencies, uni18 versities and colleges, private sector entities,

19 and nonprofit organizations to foster alliances

20 and support efforts to stimulate advances in

21 transportation technology, and to pay the Fed22 eral share of the costs of research, development,

23 and technology transfer concerning innovative

24 technologies.


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•HR 3551 IH

1 ‘‘(B) APPLICATIONS.—To receive a grant,

2 cooperative agreement, or contract, under this

3 paragraph, an entity described in subparagraph

4 (A) shall submit an application to the Sec5 retary. The application shall be in such form

6 and contain such information as the Secretary

7 may require. The Secretary shall select and ap8 prove the applications based on the applica9 tions’ merit and on whether the project that is

10 the subject of the grant, cooperative agreement,

11 or contract meets the goals of the program de12 scribed in paragraph (3).’’;

13 (B) in paragraph (8), by inserting ‘‘and

14 the Committee on Science’’ after ‘‘Transpor15 tation and Infrastructure’’;

16 (C) by redesignating paragraph (9) as

17 paragraph (11); and

18 (D) by inserting after paragraph (8) the

19 following new paragraphs:

20 ‘‘(9) TECHNOLOGY AND INFORMATION TRANS21 FER.—The Secretary shall ensure that the informa22 tion and technology resulting from research con23 ducted under this subsection is made available to

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1 politan planning organizations, and other interested

2 parties.

3 ‘‘(10) FEDERAL SHARE.—The Federal share of

4 the cost of a project under this subsection shall be

5 determined by the Secretary.’’; and

6 (2) in subsection (b)—

7 (A) by striking ‘‘BRIDGE RESEARCH AND

8 CONSTRUCTION’’ and inserting ‘‘RESEARCH

9 AND DEPLOYMENT’’ in the subsection heading;

10 (B) by amending paragraphs (1) and (2)

11 to read as follows:

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish and carry out a program to demonstrate the ap14 plication of innovative technology in surface trans15 portation infrastructure construction (such as

16 bridges, pavements, and other structures) and safe17 ty.

18 ‘‘(2) GOALS.—The goals of the program shall

19 include—

20 ‘‘(A) the development of new, cost-effective

21 innovative material for surface transportation

22 infrastructure applications;

23 ‘‘(B) the deployment and evaluation of

24 safety technologies and innovations at the State

25 and local levels, and the deployment of best


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•HR 3551 IH

1 practices in training, management, design, and

2 planning;

3 ‘‘(C) the reduction of life-cycle costs of

4 surface transportation infrastructure, including

5 the costs of new construction, replacement,

6 maintenance, and rehabilitation of deficient

7 highway infrastructure;

8 ‘‘(D) the development and deployment of

9 construction techniques to increase safety and

10 reduce construction time and traffic congestion;

11 ‘‘(E) the development of engineering de12 sign criteria for innovative products and mate13 rials for use in surface transportation infra14 structure;

15 ‘‘(F) the development of cost-effective and

16 innovative techniques to separate vehicle and

17 pedestrian traffic from railroad traffic;

18 ‘‘(G) the evaluation and documentation of

19 the performance and benefits of innovative tech20 nologies deployed to improve life, performance,

21 cost effectiveness, safety, and customer satisfac22 tion;

23 ‘‘(H) the refinement of innovative tech24 nologies based on the evaluation described in

25 subparagraph (G);


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•HR 3551 IH

1 ‘‘(I) the wide dissemination of information

2 developed under subparagraph (G);

3 ‘‘(J) the development of surface transpor4 tation infrastructure, including alternative proc5 esses for the seismic retrofit of bridges, that

6 will withstand natural disasters and terrorist

7 attacks;

8 ‘‘(K) for pavements, the development of

9 designs and materials to reduce impacts of

10 storm water runoff;

11 ‘‘(L) the development of new non12 destructive infrastructure evaluation tech13 nologies and techniques; and

14 ‘‘(M) effective technology transfer and in15 formation dissemination to accelerate imple16 mentation of innovative technologies.’’;

17 (C) in paragraph (5), by striking ‘‘section’’

18 and inserting ‘‘subsection’’; and

19 (D) by adding at the end the following new

20 subsection:

21 ‘‘(c) RESEARCH ON THE NONTECHNICAL BARRIERS

22 TO TECHNOLOGY DEPLOYMENT.—In order to support the

23 deployment goals established under subsection (a)(3), the

24 Secretary shall carry out a research program addressing

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•HR 3551 IH

1 cluding fragmented authority at the local and regional

2 level and rigid procurement rules. The goal of this re3 search shall be to generate proposals for how to overcome

4 these nontechnical barriers.

5 SEC. 106. TRAINING AND EDUCATION.

6 (a) NATIONAL HIGHWAY INSTITUTE.—Section

7 504(a) of title 23, United States Code, is amended by

8 striking paragraph (3) and inserting the following:

9 ‘‘(3) COURSES.—

10 ‘‘(A) IN GENERAL.—The Institute shall de11 velop or update existing courses in asset man12 agement, application of emerging technologies,

13 including intelligent transportation systems,

14 and in techniques, methods, regulations, infor15 mation technology, general management, envi16 ronmental stewardship, engineering, safety,

17 transportation system management and oper18 ations, construction, maintenance, contract ad19 ministration, inspection, and finance.

20 ‘‘(B) ADDITIONAL COURSES.—In addition

21 to the courses developed under subparagraph

22 (A), the Institute, in consultation with State

23 transportation departments and the American

24 Association of State Highway and TransporVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00320 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 tation Officials, may develop other courses as it

2 considers necessary.

3 ‘‘(C) REVISION OF COURSES OFFERED.—

4 The Institute shall periodically—

5 ‘‘(i) review the course inventory of the

6 Institute; and

7 ‘‘(ii) revise or cease to offer courses

8 based on course content, applicability, and

9 need.’’.

10 (b) FEDERAL SHARE.—Section 504(b) of title 23,

11 United States Code, is amended by adding at the end the

12 following:

13 ‘‘(3) FEDERAL SHARE.—

14 ‘‘(A) GRANTS.—The grant funds author15 ized to carry out this subsection may be used

16 to cover up to 50 percent of the program costs

17 relating to local technical assistance. Funds

18 available for technology transfer and training

19 purposes under this title and title 49 may be

20 used to cover the remaining 50 percent of the

21 program costs.

22 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

23 CENTERS.—The Federal share of the cost of ac24 tivities carried out by the tribal technical assistVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00321 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 ance centers under paragraph (2)(D)(ii) of this

2 subsection shall be 100 percent.’’.

3 (c) DEFINITIONS AND DECLARATION OF POLICY.—

4 Section 101(a) of title 23, United States Code, is

5 amended—

6 (1) in paragraph (3), by—

7 (A) striking ‘‘and’’ at the end of subpara8 graph (G);

9 (B) striking the period at the end of sub10 paragraph (H) and inserting ‘‘; and’’; and

11 (C) adding after subparagraph (H) the fol12 lowing:

13 ‘‘(I) surface transportation workforce de14 velopment, training, and education.’’;

15 (2) by redesignating paragraphs (35) through

16 (37) as paragraphs (36) through (38) respectively;

17 and

18 (3) by adding after paragraph (34) the fol19 lowing:

20 ‘‘(35) SURFACE TRANSPORTATION WORKFORCE

21 DEVELOPMENT, TRAINING, AND EDUCATION.—The

22 term ‘surface transportation workforce development,

23 training, and education’ means activities associated

24 with surface transportation career awareness, stu25 dent transportation career preparation, and training


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1 and professional development for surface transpor2 tation workers.’’.

3 SEC. 107. BUREAU OF TRANSPORTATION STATISTICS.

4 Section 111 of title 49, United States Code, is

5 amended to read as follows:

6 ‘‘§ 111. Bureau of Transportation Statistics

7 ‘‘(a) ESTABLISHMENT.—There is established in the

8 Department of Transportation a Bureau of Transpor9 tation Statistics to provide information to public decision10 makers, private industry, research organizations, and the

11 public on the extent, use, condition, performance, and con12 sequences of the Nation’s transportation system.

13 ‘‘(b) DIRECTOR.—

14 ‘‘(1) APPOINTMENT.—The Bureau shall be

15 headed by a Director who shall be appointed by the

16 President, by and with the advice and consent of the

17 Senate.

18 ‘‘(2) QUALIFICATIONS.—The Director shall be

19 appointed from among individuals who are qualified

20 to serve as the Director by virtue of their training

21 and experience in the collection, analysis, and use of

22 transportation statistics.

23 ‘‘(3) REPORTING.—The Director shall report

24 directly to the Secretary.


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1 ‘‘(4) TERM.—The term of the Director shall be

2 5 years. The Director may continue to serve after

3 the expiration of the term until a successor is ap4 pointed and confirmed.

5 ‘‘(c) RESPONSIBILITIES.—The Director of the Bu6 reau shall be responsible for carrying out the following du7 ties:

8 ‘‘(1) SECRETARY’S SENIOR ADVISOR.—Serving

9 as the Secretary’s senior advisor on data and statis10 tics.

11 ‘‘(2) PROVIDING DATA, STATISTICS, AND ANAL12 YSIS TO TRANSPORTATION DECISIONMAKERS.—En13 suring that the statistics compiled under paragraph

14 (6) support transportation decisionmaking by the

15 Federal Government, State and local governments,

16 metropolitan planning organizations, transportation17 related associations, private businesses (including

18 the freight community), and consumers.

19 ‘‘(3) COORDINATING COLLECTION OF INFORMA20 TION.—Coordinating the collection of information by

21 the Department of Transportation required for sta22 tistics to be compiled under paragraph (6) with re23 lated information gathering activities conducted by

24 other Federal departments and agencies and col25 lecting appropriate data not elsewhere gathered.


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1 ‘‘(4) DATA MODERNIZATION.—Implement a

2 data modernization program to improve surveys and

3 data collection methods to ensure that nationally col4 lected data accurately characterize all modes of

5 transportation and transportation users and are use6 ful for decisionmakers throughout the transportation

7 community.

8 ‘‘(5) ENCOURAGING DATA STANDARDIZATION.—

9 Encouraging standardization of data, data collection

10 methods, and data management and storage tech11 nologies for data collected by the Bureau, the oper12 ating administrations of the Department of Trans13 portation, States, local governments, metropolitan

14 planning organizations, and private sector entities.

15 ‘‘(6) COMPILING TRANSPORTATION STATIS16 TICS.—Compiling, analyzing, and publishing a com17 prehensive set of transportation statistics on—

18 ‘‘(A) productivity in various parts of the

19 transportation sector;

20 ‘‘(B) traffic flows for all modes of trans21 portation;

22 ‘‘(C) other elements of the Intermodal

23 Transportation Database established under sub24 section (g);


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1 ‘‘(D) travel times and measures of conges2 tion;

3 ‘‘(E) vehicle weights and other vehicle

4 characteristics;

5 ‘‘(F) demographic, economic, and other

6 variables influencing—

7 ‘‘(i) travel;

8 ‘‘(ii) traveling behavior, including

9 choice of transportation mode; and

10 ‘‘(iii) goods movement;

11 ‘‘(G) transportation costs for passenger

12 travel and goods movement;

13 ‘‘(H) performance and impacts of the na14 tional transportation system;

15 ‘‘(I) availability and use of mass transit

16 (including the number of passengers served by

17 each mass transit authority) and other forms of

18 for-hire passenger travel;

19 ‘‘(J) frequency of vehicle and transpor20 tation facility repairs and other interruptions of

21 transportation service;

22 ‘‘(K) safety and security for travelers, vehi23 cles, and transportation systems;

24 ‘‘(L) consequences of transportation for

25 the human and natural environment;


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1 ‘‘(M) the extent, connectivity, and condi2 tion of the transportation system, including ele3 ments of the National Transportation Atlas

4 Database developed under subsection (i); and

5 ‘‘(N) transportation-related variables that

6 influence the domestic economy and global com7 petitiveness.

8 ‘‘(7) NATIONAL SPATIAL DATA INFRASTRUC9 TURE.—Building and disseminating the transpor10 tation layer of the National Spatial Data Infrastruc11 ture, including coordinating the development of

12 transportation geospatial data standards, compiling

13 intermodal geospatial data, and collecting geospatial

14 data that is not being collected by others.

15 ‘‘(8) IMPLEMENTING LONG-TERM DATA COL16 LECTION PROGRAM.—Establishing and imple17 menting, in cooperation with the heads of the oper18 ating administrations of the Department of Trans19 portation, the States, metropolitan planning organi20 zations, the national statistical organizations of the

21 United States, and other Federal officials, a com22 prehensive, long-term program for the collection and

23 analysis of data to support the statistics compiled,

24 analyzed, and published under paragraph (6) and


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1 other data on the performance of the transportation

2 systems of the United States. Such program shall—

3 ‘‘(A) be coordinated with efforts to meas4 ure outputs and outcomes of the Department of

5 Transportation and the transportation systems

6 of the United States under the Government

7 Performance and Results Act of 1993 (107

8 Stat. 285 et seq.) and the amendments made by

9 such Act;

10 ‘‘(B) ensure that data is collected under

11 this subsection in a manner which will maxi12 mize the ability to compare data from different

13 regions and for different time periods; and

14 ‘‘(C) ensure that data collected under this

15 subsection is controlled for accuracy, made rel16 evant to the States and metropolitan planning

17 organizations, and disseminated to the States

18 and other interested parties.

19 ‘‘(9) ISSUING GUIDELINES.—Issuing guidelines

20 for the collection and publication of information by

21 the Department of Transportation required for sta22 tistics to be compiled under paragraph (6) in order

23 to ensure that such information is accurate, reliable,

24 relevant, and in a form that permits systematic anal25 ysis. The Bureau shall review and report to the SecVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00328 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 retary of Transportation on the sources and reli2 ability of the statistics proposed by the heads of the

3 operating administrations of the Department to

4 measure outputs and outcomes as required by the

5 Government Performance and Results Act of 1993,

6 and the amendments made by such Act, and shall

7 carry out such other reviews of the sources and reli8 ability of other data collected or statistical informa9 tion published by the heads of the operating admin10 istrations of the Department as shall be requested

11 by the Secretary.

12 ‘‘(10) MAKING STATISTICS ACCESSIBLE.—Mak13 ing the statistics published under this subsection

14 readily accessible.

15 ‘‘(d) INFORMATION NEEDS ASSESSMENT.—

16 ‘‘(1) IN GENERAL.—Within 60 days after the

17 date of the enactment of the Surface Transportation

18 Research and Development Act of 2003, the Sec19 retary shall enter into an arrangement with the Na20 tional Academy of Sciences to develop and publish a

21 National Transportation Information Needs Assess22 ment. The Assessment shall be published not later

23 than 24 months after such arrangement is entered

24 into.

25 ‘‘(2) CONTENT.—The Assessment shall—


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1 ‘‘(A) identify the major data needs of the

2 transportation community, including all levels

3 of government, the private and nonprofit sec4 tors, and academia, through a statistically valid

5 needs survey, the results of which shall be pub6 lished;

7 ‘‘(B) identify critical gaps, shortcomings,

8 and lack of standardization in existing data col9 lection and survey methods;

10 ‘‘(C) identify data collection required under

11 subsection (c)(6) that is not currently being

12 carried out; and

13 ‘‘(D) recommend data modernization goals,

14 specific improvements, and the estimated fund15 ing levels needed to accomplish those improve16 ments.

17 ‘‘(3) CONSULTATION.—In developing the As18 sessment, the National Academy of Sciences shall

19 consult with the Department’s Advisory Council on

20 Transportation Statistics and a representative cross21 section of the transportation community, including

22 business, the freight community, State and local

23 governments, metropolitan planning organizations,

24 transit, environmental, and community organiza25 tions, academia, and other Federal agencies, includVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00330 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 ing the Environmental Protection Agency, the De2 partment of Energy, and the Department of Hous3 ing and Urban Development.

4 ‘‘(e) STRATEGIC PLAN.—

5 ‘‘(1) DEVELOPMENT AND REVISION.—The Di6 rector shall develop an integrated, multimodal data

7 strategic plan within 3 years after the date of the

8 enactment of the Surface Transportation Research

9 and Development Act of 2003, and revise it every 3

10 years thereafter.

11 ‘‘(2) CONTENT.—The strategic plan shall

12 include—

13 ‘‘(A) national goals for developing high

14 quality national, State, local, and metropolitan

15 transportation data;

16 ‘‘(B) national goals for encouraging im17 provements in non-Federal transportation data

18 collection and management to improve quality,

19 reliability, and comparability;

20 ‘‘(C) detailed strategies for—

21 ‘‘(i) addressing the needs and gaps

22 identified in the Assessment conducted

23 under subsection (d);


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•HR 3551 IH

1 ‘‘(ii) integrating federally collected

2 transportation data collection and systems,

3 and coordinating data collection; and

4 ‘‘(iii) encouraging improvements in

5 data collected by entities other than the

6 Federal Government;

7 ‘‘(D) a plan to strengthen the Intermodal

8 Transportation Data Base required under sub9 section (g) and the National Transportation Li10 brary under subsection (h);

11 ‘‘(E) an assessment of how data collection

12 by entities other than the Federal Government

13 is contributing to the achievement of the goals

14 of this section;

15 ‘‘(F) responses to significant comments re16 ceived through the consultation required under

17 subsection (d)(2);

18 ‘‘(G) provision for the integrated planning,

19 coordination, and consultation among the oper20 ating administrations of the Department of

21 Transportation, all other Federal agencies with

22 responsibilities related to transportation data,

23 State and local governments, metropolitan plan24 ning organizations, institutions of higher edu25 cation, industry, and other private and public


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1 sector organizations engaged in transportation2 related data activities and decisionmaking; and

3 ‘‘(H) details of the Department of Trans4 portation’s data programs, including perform5 ance goals, resources needed to achieve those

6 goals, and performance indicators as described

7 in section 1115(a) of title 31, United States

8 Code, for the next 5 years for each area data

9 collection and management.

10 ‘‘(3) CONSULTATION.—In developing the stra11 tegic plan, the Director shall consult with the Na12 tional Academy of Sciences, the Advisory Council on

13 Transportation Statistics, the Department’s oper14 ating administrations, other Federal agencies, State

15 and local governments, metropolitan planning orga16 nizations, business, and the public.

17 ‘‘(f) REVIEW.—The Comptroller General shall assess

18 the Department’s progress addressing the gaps identified

19 in the Assessment required under subsection (d) and in

20 preparing and implementing the strategic plan required

21 under subsection (e). The assessment under this sub22 section shall be completed not later than 4 years after the

23 date of the enactment of the Surface Transportation Re24 search and Development Act of 2003.

25 ‘‘(g) INTERMODAL TRANSPORTATION DATA BASE.—


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1 ‘‘(1) IN GENERAL.—In consultation with the

2 Associate Deputy Secretary, the Assistant Secre3 taries, and the heads of the operating administra4 tions of the Department of Transportation, the Di5 rector shall establish and maintain a transportation

6 data base for all modes of transportation.

7 ‘‘(2) USE.—The data base shall be suitable for

8 analyses carried out by the Federal Government, the

9 States, and metropolitan planning organizations.

10 ‘‘(3) CONTENTS.—The data base shall

11 include—

12 ‘‘(A) information on the volumes and pat13 terns of movement of goods, including local,

14 interregional, and international movement, by

15 all modes of transportation and intermodal

16 combinations, and by relevant classification;

17 ‘‘(B) information on the volumes and pat18 terns of movement of people, including local,

19 interregional, and international movements, by

20 all modes of transportation (including bicycle

21 and pedestrian modes) and intermodal combina22 tions, and by relevant classification;

23 ‘‘(C) information on the location and

24 connectivity of transportation facilities and

25 services; and


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1 ‘‘(D) a national accounting of expenditures

2 and capital stocks on each mode of transpor3 tation and intermodal combination.

4 ‘‘(h) NATIONAL TRANSPORTATION LIBRARY.—

5 ‘‘(1) IN GENERAL.—The Director shall establish

6 and maintain a National Transportation Library,

7 which shall contain a collection of statistical and

8 other information needed for transportation decision9 making at the Federal, State, and local levels.

10 ‘‘(2) ACCESS.—The Director shall facilitate and

11 promote access to the Library, with the goal of im12 proving the ability of the transportation community

13 to share information and the ability of the Director

14 to make statistics readily accessible under subsection

15 (c)(10).

16 ‘‘(3) COORDINATION.—The Director shall work

17 with other transportation libraries and other trans18 portation information providers, both public and pri19 vate, to achieve the goal specified in paragraph (2).

20 ‘‘(i) NATIONAL TRANSPORTATION ATLAS DATA

21 BASE.—

22 ‘‘(1) IN GENERAL.—The Director shall develop

23 and maintain geospatial data bases that depict—

24 ‘‘(A) transportation networks;


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•HR 3551 IH

1 ‘‘(B) flows of people, goods, vehicles, and

2 craft over the networks; and

3 ‘‘(C) social, economic, and environmental

4 conditions that affect or are affected by the net5 works.

6 ‘‘(2) INTERMODAL NETWORK ANALYSIS.—The

7 data bases shall be able to support intermodal net8 work analysis.

9 ‘‘(j) MANDATORY RESPONSE AUTHORITY FOR

10 FREIGHT DATA COLLECTION.—Whoever, being the

11 owner, official, agent, person in charge, or assistant to the

12 person in charge, of any corporation, company, business,

13 institution, establishment, or organization of any nature

14 whatsoever, neglects or refuses, when requested by the Di15 rector or other authorized officer, employee or contractor

16 of the Bureau, to answer completely and correctly to the

17 best of his/her knowledge all questions relating to the cor18 poration, company, business, institution, establishment, or

19 other organization, or to records or statistics in his/her

20 official custody, contained in a data collection request pre21 pared and submitted under the authority of subsection

22 (c)(6), shall be fined not more than $500; and if the indi23 vidual willfully gives a false answer to a question, shall

24 be fined not more than $10,000.


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•HR 3551 IH

1 ‘‘(k) RESEARCH AND DEVELOPMENT GRANTS.—The

2 Secretary may make grants to, or enter into cooperative

3 agreements or contracts with, public and nonprofit private

4 entities (including State transportation departments, met5 ropolitan planning organizations, and institutions of high6 er education) for—

7 ‘‘(1) investigation of the subjects specified in

8 subsection (c)(6) and research and development of

9 new methods of data collection, standardization,

10 management, integration, dissemination, interpreta11 tion, and analysis;

12 ‘‘(2) demonstration programs by States, local

13 governments, and metropolitan planning organiza14 tions to harmonize data collection, reporting, man15 agement, storage, and archiving to simplify data

16 comparisons across jurisdictions;

17 ‘‘(3) development of electronic clearinghouses of

18 transportation data and related information, as part

19 of the National Transportation Library under sub20 section (h); and

21 ‘‘(4) development and improvement of methods

22 for sharing geographic data, in support of the na23 tional transportation atlas data base under sub24 section (i) and the National Spatial Data Infrastruc25 ture developed under Executive Order No. 12906.


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1 ‘‘(l) RESEARCH AND GUIDELINES ON STATISTICAL

2 METHODS.—The Secretary shall conduct or support re3 search relating to methods of gathering or analyzing

4 transportation statistics and issuing guidelines for the col5 lection of information by the Department in order to en6 sure that such information is accurate, relevant, com7 parable, accessible, and in a form that permits systematic

8 analysis.

9 ‘‘(m) LIMITATIONS ON STATUTORY CONSTRUC10 TION.—Nothing in this section shall be construed—

11 ‘‘(1) to authorize the Bureau to require any

12 other department or agency to collect data; or

13 ‘‘(2) to reduce the authority of any other officer

14 of the Department of Transportation to collect and

15 disseminate data independently.

16 ‘‘(n) PROHIBITION ON CERTAIN DISCLOSURES.—

17 ‘‘(1) IN GENERAL.—An officer or employee of

18 the Bureau may not—

19 ‘‘(A) make any disclosure in which the

20 data provided by an individual or organization

21 under subsection (c)(8) can be identified;

22 ‘‘(B) use the information provided under

23 subsection (c)(8) for a nonstatistical purpose;

24 or


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1 ‘‘(C) permit anyone other than an indi2 vidual authorized by the Director to examine

3 any individual report provided under subsection

4 (c)(8).

5 ‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN

6 DATA.—

7 ‘‘(A) GOVERNMENT AGENCIES.—No de8 partment, bureau, agency, officer, or employee

9 of the United States (except the Director in

10 carrying out this section) may require, for any

11 reason, a copy of any report that has been filed

12 under subsection (c)(8) with the Bureau or re13 tained by an individual respondent.

14 ‘‘(B) COURTS.—Any copy of a report de15 scribed in subparagraph (A) that has been re16 tained by an individual respondent or filed with

17 the Bureau or any of its employees, contractors,

18 or agents—

19 ‘‘(i) shall be immune from legal proc20 ess; and

21 ‘‘(ii) shall not, without the consent of

22 the individual concerned, be admitted as

23 evidence or used for any purpose in any

24 action, suit, or other judicial or adminis25 trative proceeding.


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1 ‘‘(C) APPLICABILITY.—This paragraph

2 shall apply only to reports that permit informa3 tion concerning an individual or organization to

4 be reasonably inferred by direct or indirect

5 means.

6 ‘‘(3) DATA COLLECTED FOR NONSTATISTICAL

7 PURPOSES.—In a case in which the Bureau is au8 thorized by statute to collect data or information for

9 a nonstatistical purpose, the Director shall clearly

10 distinguish the collection of the data or information,

11 by rule and on the collection instrument, so as to in12 form a respondent that is requested or required to

13 supply the data or information of the nonstatistical

14 purpose.

15 ‘‘(o) TRANSPORTATION STATISTICS ANNUAL RE16 PORT.—The Director shall transmit to the President and

17 Congress a Transportation Statistics Annual Report which

18 shall include information on items referred to in sub19 section (c)(6), documentation of methods used to obtain

20 and ensure the quality of the statistics presented in the

21 report, and recommendations for improving transportation

22 statistical information.

23 ‘‘(p) IMPLEMENTATION ANNUAL REPORT.—The Sec24 retary shall prepare an annual report summarizing the

25 Department’s progress in implementing the requirements


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1 of this section. The reports shall be submitted to Secretary

2 of Transportation, to the Committee on Transportation

3 and Infrastructure and the Committee on Science of the

4 House of Representatives, and to Committee on Environ5 ment and Public Works of the Senate.

6 ‘‘(q) PROCEEDS OF DATA PRODUCT SALES.—Not7 withstanding section 3302 of title 31, United States Code,

8 funds received by the Bureau from the sale of data prod9 ucts, for necessary expenses incurred, may be credited to

10 the Highway Trust Fund (other than the Mass Transit

11 Account) for the purpose of reimbursing the Bureau for

12 the expenses.

13 ‘‘(r) ADVISORY COUNCIL ON TRANSPORTATION STA14 TISTICS.—

15 ‘‘(1) ESTABLISHMENT.—The Director of the

16 Bureau of Transportation Statistics shall establish

17 an Advisory Council on Transportation Statistics.

18 ‘‘(2) FUNCTION.—It shall be the function of the

19 Advisory Council established under this subsection

20 to—

21 ‘‘(A) advise the Director of the Bureau of

22 Transportation Statistics on the quality, reli23 ability, consistency, objectiveness, and relevance

24 of transportation statistics and analyses col25 lected, supported, or disseminated by the BuVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00341 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 reau of Transportation Statistics and the De2 partment of Transportation;

3 ‘‘(B) provide input to and review the De4 partment’s Assessment under subsection (d)

5 and annual data strategic plan required under

6 subsection (e); and

7 ‘‘(C) advise the Director on methods to en8 courage harmonization and interoperability of

9 transportation data collected by the Bureau, the

10 operating administrations of the Department of

11 Transportation, States, local governments, met12 ropolitan planning organizations, and private

13 sector entities.

14 ‘‘(3) MEMBERSHIP.—The Advisory Council es15 tablished under this subsection shall be composed of

16 not less than 15 members appointed by the Director,

17 who are not officers or employees of the United

18 States, including—

19 ‘‘(A) 2 members with specific expertise in

20 economics;

21 ‘‘(B) 3 members with expertise in statis22 tics; and

23 ‘‘(C) additional members with expertise in

24 transportation statistics, analysis, and policy.


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1 Members shall include representatives of a cross-sec2 tion of the transportation community, including

3 business, the freight community, State and local

4 governments, metropolitan planning organizations,

5 transit, environmental, and community organiza6 tions, and academia.

7 ‘‘(4) TERMS OF APPOINTMENT.—Members shall

8 be appointed to staggered terms not to exceed 3

9 years. A member may be renominated for one addi10 tional 3-year term.

11 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY

12 COMMITTEE ACT.—The Federal Advisory Committee

13 Act shall apply to the Advisory Council established

14 under this subsection, except that section 14 of the

15 Federal Advisory Committee Act shall not apply to

16 such Advisory Council.’’.

17 SEC. 108. STATE PLANNING AND RESEARCH.

18 Section 505 of title 23, United States Code, is

19 amended to read as follows:

20 ‘‘§ 505. State planning and research

21 ‘‘(a) IN GENERAL.—There are authorized to be ap22 propriated $1,073,000,000 to States for each fiscal year

23 for expenditure by the States, in consultation with the

24 Secretary, only for the following purposes:


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1 ‘‘(1) Engineering and economic surveys and in2 vestigations.

3 ‘‘(2) The planning of future highway programs

4 and local public transportation systems, the planning

5 of the financing of such programs and systems, in6 cluding metropolitan and Statewide planning under

7 sections 134 and 135, freight planning, safety plan8 ning, transportation systems management and oper9 ations planning, transportation-related land use

10 planning, and transportation-related growth manage11 ment activities within these planning processes, and

12 planning capacity building activities.

13 ‘‘(3) Studies of the economy, safety, and con14 venience of highway, local public transportation, bi15 cycle, and pedestrian systems and the desirable reg16 ulation and equitable taxation of their use.

17 ‘‘(4) Research, development, and technology

18 transfer activities necessary in connection with the

19 planning, design, construction, management, mainte20 nance, regulation, and taxation of the use of high21 way, local public transportation, and intermodal

22 transportation systems.

23 ‘‘(5) Research on the effects of design stand24 ards on intermodal coordination, such as the highVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00344 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 way-rail interface, and on safe pedestrian access to

2 transit on arterial roads and urban highways.

3 ‘‘(6) Study, research, and training on the engi4 neering standards and construction materials, in5 cluding accreditation of inspection and testing, for

6 highway, local public transportation, bicycle, pedes7 trian, and intermodal transportation systems.

8 ‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DE9 VELOPMENT, AND TECHNOLOGY TRANSFER ACTIVI10 TIES.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 not less than 25 percent of the funds appropriated

13 pursuant to subsection (a) to a State for a fiscal

14 year shall be expended by the State for research, de15 velopment, and technology transfer activities de16 scribed in subsection (a), relating to highway, public

17 transportation, bicycle, pedestrian, and intermodal

18 transportation systems.

19 ‘‘(2) WAIVERS.—The Secretary may waive the

20 application of paragraph (1) with respect to a State

21 for a fiscal year if the State certifies to the Sec22 retary for the fiscal year that the funds described in

23 paragraph (1) are not needed for research, develop24 ment, and technology transfer and the Secretary ac25 cepts such certification.


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1 ‘‘(3) NONAPPLICABILITY OF ASSESSMENT.—

2 Funds expended under paragraph (1) shall not be

3 considered to be part of the extramural budget of

4 the agency for the purpose of section 9 of the Small

5 Business Act (15 U.S.C. 638).

6 ‘‘(c) MINIMUM EXPENDITURES FOR IMPROVING THE

7 QUALITY OF COLLECTION AND REPORTING OF STRA8 TEGIC SURFACE TRANSPORTATION DATA.—

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

10 not less than 10 percent of the funds appropriated

11 pursuant to subsection (a) for a fiscal year to a

12 State shall be expended by the State to improve the

13 collection and reporting of strategic surface trans14 portation data to provide critical information about

15 the extent, condition, use, performance, and financ16 ing of the Nation’s surface transportation system

17 (including intermodal connectors) for passenger and

18 freight movement.

19 ‘‘(2) WAIVERS.—The Secretary may waive the

20 application of paragraph (1) with respect to a State

21 for a fiscal year if the State certifies to the Sec22 retary for the fiscal year that the State is collecting

23 and reporting strategic data consistent with quality

24 assurance guidelines developed cooperatively with the

25 States and the Secretary approves such certification.


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1 ‘‘(d) FEDERAL SHARE.—The Federal share of the

2 cost of a project carried out using funds subject to sub3 section (a) shall be matched in accordance with section

4 120(b) unless the Secretary determines that the interests

5 of the surface transportation program would be best

6 served without such matching.’’.

7 SEC. 109. FUTURE STRATEGIC HIGHWAY RESEARCH PRO8 GRAM.

9 (a) AMENDMENT.—Chapter 5 of title 23, United

10 States Code, is amended by adding at the end the fol11 lowing new section:

12 ‘‘§ 509. Future strategic highway research program

13 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta14 tion with the American Association of State Highway and

15 Transportation Officials, shall enter into an arrangement

16 with the National Academy of Sciences for the establish17 ment of a Future Strategic Highway Research Program.

18 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

19 CONTRACTS.—The Secretary may make grants to, and

20 enter into cooperative agreements and contracts with, the

21 American Association of State Highway and Transpor22 tation Officials and the National Academy of Sciences to

23 carry out activities under this section. Advance payments

24 may be made as necessary to carry out the program under

25 this section. Although no matching funds are required for


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1 this program, collaborative research projects with multiple

2 sources of funding shall be encouraged.

3 ‘‘(c) PERIOD OF AVAILABILITY.—Funds set aside to

4 carry out this section shall remain available for the fiscal

5 year for which such funds are made available and the

6 three succeeding fiscal years.

7 ‘‘(d) SET ASIDE.—There are authorized to be appro8 priated to the Secretary of Transportation for each of fis9 cal years 2004 through 2009, to carry out this section,

10 $75,000,000.

11 ‘‘(e) PROGRAM ADMINISTRATION.—In carrying out

12 the program under this section, the National Academy of

13 Sciences shall ensure that—

14 ‘‘(1) the selection of projects and researchers

15 shall be based on the open solicitation of proposals

16 and be reviewed by panels of appropriate experts;

17 and

18 ‘‘(2) State transportation officials and other

19 stakeholders, including business, local governments,

20 metropolitan planning organizations, environmental

21 and community organizations, academia, other rel22 evant Federal agencies, and other members of the

23 transportation community are involved in the gov24 ernance of the program at the executive, the overall


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1 program, and the technical levels, through the use of

2 expert panels and committees.

3 ‘‘(f) CONTENTS.—The program established under

4 this section shall be based on Transportation Research

5 Board Special Report 260, entitled ‘Strategic Highway

6 Research: Saving Lives, Reducing Congestion, Improving

7 Quality of Life’. It shall include the following research

8 areas:

9 ‘‘(1) Accelerating the renewal of America’s

10 highways.

11 ‘‘(2) Making a significant improvement in high12 way safety.

13 ‘‘(3) Providing a highway system with reliable

14 travel times.

15 ‘‘(4) Providing highway capacity in support of

16 the Nation’s economic, environmental, multi-modal

17 transportation, and social goals.

18 ‘‘(g) PROJECT EVALUATION.—The products of all re19 search grants, cooperative agreements, and contracts

20 awarded under this section shall be subject to peer review.

21 ‘‘(h) PROGRAMMATIC EVALUATIONS.—Within 2 years

22 after the first research project grants, cooperative agree23 ments, or contracts are awarded under this section, the

24 Secretary shall enter into an arrangement with the Na25 tional Academy of Public Administration to review the


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1 program under this section, and to recommend improve2 ments. The review shall—

3 ‘‘(1) assess the degree to which projects funded

4 under this section have addressed the research topics

5 identified in the research agenda established in

6 Transportation Research Board Special Report 260,

7 including identifying those topics which have not yet

8 been addressed;

9 ‘‘(2) assess the merit and peer review process

10 for project proposals, and assess research project re11 sults; and

12 ‘‘(3) assess the extent of stakeholder involve13 ment in all facets of the program.

14 ‘‘(i) ANNUAL PROGRESS AND PERFORMANCE RE15 PORT.—The National Academy of Sciences shall produce

16 an annual progress and performance report for the pro17 gram under this section. The report shall summarize the

18 status, funding, and sponsors of all funded projects by the

19 research areas specified in subsection (f). It shall docu20 ment the progress of each project relative to milestones

21 included in the project proposal. The report shall identify

22 research areas and projects remaining unfunded, and an23 ticipated funding needs for completing that research. The

24 report shall be submitted to the Secretary, to the Com25 mittee on Transportation and Infrastructure and the


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1 Committee on Science of the House of Representatives,

2 and to the Committee on Environment and Public Works

3 of the Senate.’’.

4 (b) CONFORMING AMENDMENT.—The analysis of

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

6 adding at the end the following new item:

‘‘509. Future strategic highway research program.’’.

7 SEC. 110. UNIVERSITY TRANSPORTATION CENTERS.

8 Section 5505 of title 49, United States Code, is

9 amended to read as follows:

10 ‘‘§ 5505. University transportation research

11 ‘‘(a) REGIONAL CENTERS.—The Secretary of Trans12 portation shall make grants to nonprofit institutions of

13 higher learning to establish and operate 1 university

14 transportation center in each of the 10 United States Gov15 ernment regions that comprise the Standard Federal Re16 gional Boundary System.

17 ‘‘(b) OTHER CENTERS.—The Secretary shall make

18 grants to nonprofit institutions of higher learning to es19 tablish and operate university transportation centers, in

20 addition to the centers receiving grants under subsection

21 (a), to address transportation management and research

22 and development matters, with special attention to in23 creasing the number of highly skilled individuals entering

24 the field of transportation.

25 ‘‘(c) SELECTION OF GRANT RECIPIENTS.—


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1 ‘‘(1) APPLICATIONS.—In order to be eligible to

2 receive a grant under this section, a nonprofit insti3 tution of higher learning shall submit to the Sec4 retary an application that is in such form and con5 tains such information as the Secretary may require.

6 ‘‘(2) SELECTION CRITERIA.—Except as other7 wise provided by this section, the Secretary shall se8 lect each recipient of a grant under this section

9 through a competitive, peer-reviewed process on the

10 basis of the following:

11 ‘‘(A) For regional centers, the location of

12 the center within the Federal region to be

13 served.

14 ‘‘(B) The demonstrated research and ex15 tension resources available to the recipient to

16 carry out this section.

17 ‘‘(C) The capability of the recipient to pro18 vide leadership in making national and regional

19 contributions to the solution of immediate and

20 long-range transportation problems.

21 ‘‘(D) The recipient’s establishment of a

22 surface transportation program encompassing

23 several modes of transportation.

24 ‘‘(E) The recipient’s demonstrated commit25 ment of at least $200,000 in regularly budgeted


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1 institutional amounts each year to support on2 going transportation research and education

3 programs.

4 ‘‘(F) The recipient’s demonstrated ability

5 to disseminate results of transportation re6 search and education programs through a state7 wide or regionwide continuing education pro8 gram.

9 ‘‘(G) The strategic plan the recipient pro10 poses to carry out under the grant.

11 ‘‘(d) OBJECTIVES.—Each university transportation

12 center receiving a grant under this section shall conduct

13 the following programs and activities:

14 ‘‘(1) Basic and applied research that supports

15 the Department’s research agenda consistent with

16 section 508 of title 23, the products of which are

17 peer-reviewed by other experts in the field to ad18 vance the body of knowledge in transportation.

19 ‘‘(2) An education program that includes multi20 disciplinary course work, faculty and student partici21 pation in research, and an opportunity for practical

22 experience.

23 ‘‘(3) An ongoing program of technology transfer

24 that makes research results available to potential


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1 users in a form that can be implemented, utilized,

2 or otherwise applied.

3 ‘‘(e) MAINTENANCE OF EFFORT.—To be eligible to

4 receive a grant under this section, an applicant shall—

5 ‘‘(1) enter into an agreement with the Secretary

6 to ensure that the applicant will maintain total ex7 penditures from all other sources to establish and

8 operate a university transportation center and re9 lated educational and research activities at a level

10 that is at least equal to the average level of those

11 expenditures during the 2 fiscal years before the

12 date on which the grant is provided;

13 ‘‘(2) provide the annual institutional contribu14 tion required under subsection (c)(2);

15 ‘‘(3) submit to the Secretary, in a timely man16 ner, for use by the Secretary in the preparation of

17 the annual research report under section 508(c)(5)

18 of title 23, an annual report on the projects and ac19 tivities of the university transportation center for

20 which funds are made available for the fiscal year

21 covered by the report, a description of—

22 ‘‘(A) the goals of the center;

23 ‘‘(B) the educational activities carried out

24 by the center (including a detailed summary of

25 the budget for those educational activities);


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1 ‘‘(C) teaching activities of faculty at the

2 center;

3 ‘‘(D) each research project carried out by

4 the center, including—

5 ‘‘(i) the identity and location of each

6 investigator working on a research project;

7 ‘‘(ii) the overall funding amount for

8 each research project (including the

9 amounts expended for the project as of the

10 date of the report);

11 ‘‘(iii) the current schedule for each re12 search project; and

13 ‘‘(iv) the results of each research

14 project through the date of submission of

15 the report, with particular emphasis on re16 sults for the fiscal year covered by the re17 port; and

18 ‘‘(E) overall technology transfer and imple19 mentation efforts of the center;

20 ‘‘(4) make use of National Research Council,

21 Transportation Research Board, and Transportation

22 Research Information Services online databases

23 for—

24 ‘‘(A) program development and strategic

25 planning;


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1 ‘‘(B) reporting of activities funded under

2 this section; and

3 ‘‘(C) input and dissemination of results

4 and reports from completed research; and

5 ‘‘(5) recommend a representative to serve as li6 aison to the Transportation Research Board.

7 ‘‘(f) FEDERAL SHARE.—The Federal share of the

8 costs of activities carried out using a grant made under

9 subsection (a) is 80 percent of costs, and under subsection

10 (b) is 50 percent of costs. The non-Federal share may in11 clude funds provided to a recipient under section 503,

12 504(b), or 505 of title 23, United States Code.

13 ‘‘(g) PROGRAM COORDINATION.—

14 ‘‘(1) COORDINATION.—The Secretary shall co15 ordinate the research, education, training, and tech16 nology transfer activities that grant recipients carry

17 out under this section, disseminate the results of the

18 research, and establish and operate a clearinghouse.

19 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—At

20 least annually and consistent with the plan devel21 oped under section 508 of title 23, United States

22 Code, the Secretary shall review and evaluate pro23 grams the grant recipients carry out.

24 ‘‘(3) FUNDING LIMITATION.—The Secretary

25 may use not more than 1 percent of amounts made


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1 available from Government sources to carry out this

2 subsection.

3 ‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—

4 Funds made available to carry out this program shall re5 main available for obligation for a period of 2 years after

6 the last day of the fiscal year for which such funds are

7 authorized.

8 ‘‘(i) GRANTS.—The Secretary may make grants

9 under this section as follows:

10 ‘‘(1) For grants under subsection (a)—

11 ‘‘(A) $2,000,000 for fiscal year 2004;

12 ‘‘(B) $3,000,000 for fiscal year 2005;

13 ‘‘(C) $4,000,000 for fiscal year 2006;

14 ‘‘(D) $4,000,000 for fiscal year 2007;

15 ‘‘(E) $4,000,000 for fiscal year 2008; and

16 ‘‘(F) $4,000,000 for fiscal year 2009.

17 ‘‘(2) For grants under subsection (b) to centers

18 that received funding for fiscal years 2002 and 2003

19 under this section—

20 ‘‘(A) $2,000,000 for fiscal year 2004;

21 ‘‘(B) $2,000,000 for fiscal year 2005; and

22 ‘‘(C) $2,000,000 for fiscal year 2006.

23 ‘‘(3) For 6 additional grants under subsection

24 (b)—

25 ‘‘(A) $2,000,000 for fiscal year 2004;


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1 ‘‘(B) $2,000,000 for fiscal year 2005; and

2 ‘‘(C) $2,000,000 for fiscal year 2006.

3 ‘‘(4) For 16 grants under subsection (b), which

4 may include grants to centers described in para5 graph (2)—

6 ‘‘(A) $3,000,000 for fiscal year 2007;

7 ‘‘(B) $3,000,000 for fiscal year 2008; and

8 ‘‘(C) $3,000,000 for fiscal year 2009.

9 ‘‘(j) TRANSPORTATION EDUCATION DEVELOPMENT

10 PILOT PROGRAM.—

11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es12 tablish a program to make grants to State Depart13 ments of Transportation, who in conjunction with

14 nonprofit institutions of higher education, will de15 velop and test new curricula to educate the transpor16 tation workforce.

17 ‘‘(2) SELECTION OF GRANT RECIPIENTS.—In

18 selecting applications for awards under this sub19 section, the Secretary shall consider—

20 ‘‘(A) the degree to which the new curricula

21 will address the specific workforce needs of the

22 State, evaluated on the basis of a State’s devel23 opment of a strategic human resources plan

24 and how the new curricula will help fulfill the

25 plan;


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1 ‘‘(B) the degree to which the new curricula

2 will provide expertise in areas other than engi3 neering, such as business administration, eco4 nomics, information technology, environmental

5 science, and law, as determined necessary by

6 the State; and

7 ‘‘(C) a State’s commitment to continuing

8 the program beyond the pilot effort.

9 ‘‘(3) NUMBER AND AMOUNT OF GRANTS.—For

10 fiscal years 2004, 2005, and 2006, the Secretary

11 shall make 4 grants under this subsection, each in

12 the amount of $1,000,000. For fiscal years 2007,

13 2008, and 2009, the Secretary shall make 4 grants

14 under this subsection, each in the amount of

15 $500,000.’’.

16 SEC. 111. INTELLIGENT TRANSPORTATION SYSTEMS.

17 (a) AMENDMENT.—Subtitle C of title V of the Trans18 portation Equity Act for the 21st Century is amended to

19 read as follows:

20 ‘‘Subtitle C—Intelligent

21 Transportation Systems

22 ‘‘SEC. 5201. SHORT TITLE.

23 ‘‘This subtitle may be cited as the ‘Intelligent Trans24 portation Systems Act of 2003’.


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1 ‘‘SEC. 5202. GOALS AND PURPOSES.

2 ‘‘(a) GOALS.—The goals of the intelligent transpor3 tation system program include—

4 ‘‘(1) enhancement of surface transportation ef5 ficiency and facilitation of intermodalism and inter6 national trade to enable existing facilities to meet a

7 significant portion of future transportation needs,

8 including public access to employment, goods, and

9 services, and to reduce regulatory, financial, and

10 other transaction costs to public agencies and sys11 tem users;

12 ‘‘(2) achievement of national transportation

13 safety goals, including the enhancement of safe oper14 ation of motor vehicles and nonmotorized vehicles,

15 with particular emphasis on decreasing the number

16 and severity of collisions;

17 ‘‘(3) protection and enhancement of the natural

18 environment and communities affected by surface

19 transportation, with particular emphasis on assisting

20 State and local governments to achieve national en21 vironmental goals;

22 ‘‘(4) accommodation of the needs of all users of

23 surface transportation systems, including operators

24 of commercial vehicles, passenger vehicles, motor25 cycles, and bicycles, and including pedestrians and

26 individuals with disabilities; and


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1 ‘‘(5) improvement of the Nation’s ability to re2 spond to security related or other man made emer3 gencies and natural disasters, and enhancement of

4 national defense mobility.

5 ‘‘(b) PURPOSES.—The Secretary shall implement ac6 tivities under the intelligent transportation system pro7 gram to, at a minimum—

8 ‘‘(1) develop and test new and emerging tech9 nologies to meet the goals described in subsection

10 (a);

11 ‘‘(2) expedite deployment, in both metropolitan

12 and rural areas, and ensure integration and inter13 operability of proven intelligent transportation sys14 tems;

15 ‘‘(3) ensure that Federal, State, and local

16 transportation officials have adequate knowledge of

17 intelligent transportation systems for full consider18 ation in the transportation planning process;

19 ‘‘(4) improve regional cooperation and oper20 ations planning for effective intelligent transpor21 tation system deployment;

22 ‘‘(5) promote the innovative use of private re23 sources;


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1 ‘‘(6) develop a workforce capable of developing,

2 operating, and maintaining intelligent transportation

3 systems; and

4 ‘‘(7) evaluate costs and benefits of intelligent

5 transportation systems projects.

6 ‘‘SEC. 5203. GENERAL AUTHORITIES AND REQUIREMENTS.

7 ‘‘(a) SCOPE.—Subject to the provisions of this sub8 title, the Secretary shall conduct an ongoing intelligent

9 transportation system program to research, develop, and

10 operationally test intelligent transportation systems and

11 advance nationwide deployment of proven systems through

12 research on barriers to deployment as a component of the

13 surface transportation systems of the United States.

14 ‘‘(b) POLICY.—Intelligent transportation system re15 search, development, operational tests, and deployment

16 projects funded pursuant to this subtitle shall encourage

17 and not displace public-private partnerships or private sec18 tor investment in such research and development tests and

19 projects.

20 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI21 VATE, AND EDUCATIONAL ENTITIES.—The Secretary

22 shall carry out the intelligent transportation system pro23 gram in cooperation with State and local governments and

24 other public entities, the United States private sector, the

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1 ing historically black colleges and universities and other

2 minority institutions of higher education.

3 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—

4 In carrying out the intelligent transportation system pro5 gram, the Secretary, as appropriate, shall consult with the

6 Secretary of Commerce, the Secretary of the Treasury, the

7 Secretary of Homeland Security, the Administrator of the

8 Environmental Protection Agency, the Director of the Na9 tional Science Foundation, and the heads of other Federal

10 departments and agencies.

11 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN12 FORMATION.—The Secretary shall provide technical as13 sistance, training, and information to State and local gov14 ernments seeking to implement, operate, maintain, or

15 evaluate intelligent transportation system technologies and

16 services.

17 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary

18 may provide funding to support adequate consideration of

19 transportation system management and operations, in20 cluding intelligent transportation systems, within metro21 politan and statewide transportation planning processes.

22 ‘‘(g) INFORMATION CLEARINGHOUSE.—

23 ‘‘(1) IN GENERAL.—The Secretary shall—

24 ‘‘(A) maintain a repository for technical

25 and safety data collected as a result of federally


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1 sponsored projects carried out under this sub2 title; and

3 ‘‘(B) make that information (except for

4 proprietary information and data) readily avail5 able to all users of the repository at an appro6 priate cost.

7 ‘‘(2) DELEGATION OF AUTHORITY.—

8 ‘‘(A) IN GENERAL.—The Secretary may

9 delegate the responsibility of the Secretary

10 under this subsection, with continuing oversight

11 by the Secretary, to an appropriate entity not

12 within the Department of Transportation.

13 ‘‘(B) FEDERAL ASSISTANCE.—If the Sec14 retary delegates the responsibility, the entity to

15 which the responsibility is delegated shall be eli16 gible for Federal assistance under this section.

17 ‘‘(h) ADVISORY COMMITTEE.—

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish an Advisory Committee to advise the Secretary

20 on carrying out this subtitle.

21 ‘‘(2) MEMBERSHIP.—The Advisory Committee

22 shall have no more than 20 members and include, at

23 a minimum—

24 ‘‘(A) a representative from a State high25 way department;


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1 ‘‘(B) a representative from a local highway

2 department;

3 ‘‘(C) a representative from a State, local,

4 or regional transit agency;

5 ‘‘(D) a representative from a metropolitan

6 planning organization;

7 ‘‘(E) a private sector vendor of intelligent

8 transportation system technologies;

9 ‘‘(F) a private sector user of intelligent

10 transportation system technologies;

11 ‘‘(G) an academic researcher who is a civil

12 engineer;

13 ‘‘(H) an academic researcher who is a so14 cial scientist;

15 ‘‘(I) a representative from the Intelligent

16 Transportation Society of America;

17 ‘‘(J) a representative from a public interest

18 group concerned with safety;

19 ‘‘(K) a representative from a public inter20 est group concerned with community develop21 ment; and

22 ‘‘(L) members with expertise in planning,

23 safety, and operations.

24 ‘‘(3) DUTIES.—The Advisory Committee shall,

25 at a minimum, perform the following duties—


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1 ‘‘(A) Provide input into the development of

2 the National ITS Program Plan, and the Intel3 ligent Transportation System portion of each

4 strategic plan under section 508 of title 23,

5 United States Code.

6 ‘‘(B) Review the National ITS Program

7 Plan and the Intelligent Transportation System

8 portion of each strategic plan under section 508

9 of title 23, United States Code, and transmit

10 the Advisory Committee’s views on the plans to

11 Congress.

12 ‘‘(C) Analyze intelligent transportation sys13 tems technologies, for which a plan or budget

14 proposal has recommended funding for research

15 and development activities or operational tests,

16 to advise the Department on—

17 ‘‘(i) whether the intelligent transpor18 tation system technologies are likely to be

19 deployed by users, and, if not, to determine

20 the barriers to deployment;

21 ‘‘(ii) the appropriate roles for govern22 ment and the private sector in investing in

23 specific intelligent transportation system

24 technologies; and


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1 ‘‘(iii) whether these activities are like2 ly to advance either the state-of-the-prac3 tice or state-of-the-art in intelligent trans4 portation systems.

5 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

6 COMMITTEE ACT.—The Advisory Committee shall be

7 subject to the Federal Advisory Committee Act (5

8 U.S.C. App.).

9 ‘‘(i) PROCUREMENT METHODS.—

10 ‘‘(1) TECHNICAL ASSISTANCE.—The Secretary

11 shall develop appropriate technical assistance and

12 guidance to assist State and local agencies in evalu13 ating and selecting appropriate methods of procure14 ment for intelligent transportation system projects

15 carried out using funds made available from the

16 Highway Trust Fund, including innovative and non17 traditional methods such as the Information Tech18 nology Omnibus Procurement.

19 ‘‘(2) INTELLIGENT TRANSPORTATION SYSTEM

20 SOFTWARE.—To the maximum extent practicable,

21 contracting officials shall use as a critical evaluation

22 criterion the Software Engineering Institute’s Capa23 bility Maturity Model, or another similar recognized

24 software design and development methodology, to re25 duce the cost, schedule, and performance risks assoVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00367 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 ciated with the development, management, and inte2 gration of intelligent transportation system software.

3 ‘‘(j) EVALUATIONS.—

4 ‘‘(1) GUIDELINES AND REQUIREMENTS.—

5 ‘‘(A) IN GENERAL.—The Secretary shall

6 issue guidelines and requirements for the eval7 uation of operational tests and model deploy8 ment projects carried out under this subtitle.

9 ‘‘(B) CONTENT.—Such evaluations shall

10 include specific, quantitative measures to deter11 mine whether a technology is meeting its in12 tended goal. To the maximum extent prac13 ticable, these measures shall evaluate the out14 come of the technology (such as accidents

15 avoided or decreased travel times or travel time

16 variability).

17 ‘‘(C) OBJECTIVITY AND INDEPENDENCE.—

18 The guidelines and requirements issued under

19 subparagraph (A) shall include provisions to en20 sure the objectivity and independence of the

21 evaluator so as to avoid any real or apparent

22 conflict of interest or potential influence on the

23 outcome by parties to any such test or deploy24 ment project or by any other formal evaluation

25 carried out under this subtitle.


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1 ‘‘(D) FUNDING.—The guidelines and re2 quirements issued under subparagraph (A) shall

3 establish evaluation funding levels, based on the

4 size and scope of each test or project, that en5 sure adequate evaluation of the results of the

6 test or project.

7 ‘‘(E) DISSEMINATION.—The Secretary

8 shall make readily available through the Inter9 net all information collected through evalua10 tions carried out under this subtitle.

11 ‘‘(2) SPECIAL RULE.—Any survey, question12 naire, or interview that the Secretary considers nec13 essary to carry out the evaluation of any test, de14 ployment project, or program assessment activity

15 under this subtitle shall not be subject to chapter 35

16 of title 44, United States Code.

17 ‘‘(k) USE OF RIGHTS-OF-WAY.—Intelligent transpor18 tation system projects specified in section 5117(b)(3) and

19 5117(b)(6) and involving privately owned intelligent trans20 portation system components that are carried out using

21 funds made available from the Highway Trust Fund shall

22 not be subject to any law or regulation of a State or polit23 ical subdivision of a State prohibiting or regulating com24 mercial activities in the rights-of-way of a highway for

25 which Federal-aid highway funds have been utilized for


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1 planning, design, construction, or maintenance, if the Sec2 retary of Transportation determines that such use is in

3 the public interest. Nothing in this subsection shall affect

4 the authority of a State or political subdivision of a State

5 to regulate highway safety.

6 ‘‘SEC. 5204. NATIONAL ITS PROGRAM PLAN.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) UPDATES.—The Secretary shall publish an

9 update of the ‘National Intelligent Transportation

10 Systems Program Plan Five-Year Horizon’, pub11 lished in August, 2000. The Secretary shall consult

12 with the Advisory Committee established under sec13 tion 5203(h) in carrying out this section.

14 ‘‘(2) SCOPE.—The National ITS Program Plan

15 update shall—

16 ‘‘(A) specify the goals, objectives, and mile17 stones for the research and deployment of intel18 ligent transportation systems in the context of

19 major metropolitan areas, smaller metropolitan

20 and rural areas, and commercial vehicle oper21 ations;

22 ‘‘(B) evaluate how the intelligent transpor23 tation systems program has progressed in

24 achieving the goals, objectives, and milestones

25 referred to in subparagraph (A);


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1 ‘‘(C) compare actual outcomes of the intel2 ligent transportation systems program over the

3 last 5 years to projections from the 2000 Plan

4 referred to in paragraph (1);

5 ‘‘(D) for each goal, objective, milestone, or

6 projection found under subparagraph (B) or

7 (C) not to have been achieved, document the

8 barriers to achievement;

9 ‘‘(E) specify how specific programs and

10 projects will achieve the goals, objectives, and

11 milestones referred to in subparagraph (A), in

12 the next 5 years;

13 ‘‘(F) specify necessary and realistically

14 achievable timeframes and funding levels to

15 conduct the programs and projects referred to

16 in subparagraph (E) in order to achieve the

17 goals, objectives, and milestones referred to in

18 subparagraph (A);

19 ‘‘(G) develop a plan for addressing barriers

20 documented under subparagraph (D);

21 ‘‘(H) identify activities that provide for the

22 dynamic development of standards and proto23 cols to promote and ensure interoperability in

24 the implementation of intelligent transportation


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1 system technologies, including actions taken to

2 establish critical standards; and

3 ‘‘(I) establish a cooperative process with

4 State and local governments for determining

5 desired surface transportation system perform6 ance levels and developing plans for incorpora7 tion of specific intelligent transportation system

8 capabilities into surface transportation systems.

9 ‘‘(b) REPORTING.—The National ITS Program Plan

10 shall be transmitted to the Congress not later than August

11 31, 2005.

12 ‘‘(c) ADVISORY COMMITTEE REVIEW.—The Advisory

13 Committee established under section 5203(h) shall review

14 the National ITS Program Plan that is transmitted to

15 Congress under this section, and shall transmit the Advi16 sory Committee’s views on the Plan to Congress.

17 ‘‘SEC. 5205. INFORMATION STRATEGY.

18 ‘‘(a) DEVELOPMENT AND IMPLEMENTATION.—The

19 Secretary shall develop and implement a strategy to use

20 information collected from intelligent transportation sys21 tem technologies (including technologies used in roadway,

22 transit, and in-vehicle applications) for traffic manage23 ment and for planning, performance monitoring, program

24 assessment, and policy applications. The Secretary shall

25 ensure that the Bureau of Transportation Statistics plays


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1 a significant role in the development of the strategy under

2 this section.

3 ‘‘(b) CONSIDERATIONS.—The strategy developed

4 under this section shall—

5 ‘‘(1) consider current data sources and propose

6 future data sources, as well as proposing strategies

7 for both real-time use and archived use of data;

8 ‘‘(2) determine what data should be centralized

9 nationally in support of national planning and goals,

10 what information should be aggregated regionally,

11 and what information should be kept locally, and for

12 nationally centralized data, identify how to ensure

13 that data is collected and reported consistently;

14 ‘‘(3) assess the need for data standards;

15 ‘‘(4) outline how transportation decision proc16 esses can make best use of real-time data;

17 ‘‘(5) outline a vision for the future linkages be18 tween intelligent transportation system technologies

19 and data;

20 ‘‘(6) identify public and private data sources

21 other than intelligent transportation system data

22 sources (such as roadway characteristics inventories

23 and incident information) that, combined with intel24 ligent transportation system data, would enhance the

25 utility of intelligent transportation system data to


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1 decisionmakers, and how these data sources can be

2 merged;

3 ‘‘(7) identify how to make data most accessible

4 and useful to users; and

5 ‘‘(8) identify what information would be useful

6 to stakeholders at the local, State, regional, and na7 tional levels.

8 ‘‘(c) STAKEHOLDER INVOLVEMENT.—In developing

9 the strategy under this section, the Secretary shall involve

10 developers and users of intelligent transportation system

11 technologies, including State and local highway depart12 ments, metropolitan planning organizations, transit agen13 cies, travelers, the private sector, not-for-profit organiza14 tions, and representatives from the planning, safety, oper15 ations, and research communities.

16 ‘‘(d) INCORPORATION INTO NATIONAL ARCHITEC17 TURE.—The strategy developed under this section shall,

18 to the extent practicable, be incorporated into the national

19 architecture.

20 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year

21 after the date of the enactment of this subsection, the Sec22 retary shall transmit to the Congress a report outlining

23 the strategy developed under this section.

24 ‘‘SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.

25 ‘‘(a) IN GENERAL.—


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1 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

2 MAINTENANCE.—Consistent with section 12(d) of

3 the National Technology Transfer and Advancement

4 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783),

5 the Secretary shall develop, implement, and maintain

6 a national architecture and supporting standards

7 and protocols to promote the widespread use and

8 evaluation of intelligent transportation system tech9 nology as a component of the surface transportation

10 systems of the United States.

11 ‘‘(2) GOAL.—The goal of the national architec12 ture and standards shall be to ensure interoper13 ability among, and efficiency of, intelligent transpor14 tation system technologies implemented throughout

15 the United States.

16 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA17 NIZATIONS.—In carrying out this section, the Sec18 retary may use the services of such standards devel19 opment organizations as the Secretary determines to

20 be appropriate.

21 ‘‘(4) STANDARD VALIDATION.—The Secretary

22 shall ensure that new standards promulgated for in23 telligent transportation system technologies are test24 ed and validated, and shall ensure that the results


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1 of such testing and validation are made publicly

2 available.

3 ‘‘(b) PROVISIONAL STANDARDS.—

4 ‘‘(1) IN GENERAL.—If the Secretary finds that

5 the development or balloting of an intelligent trans6 portation system standard jeopardizes the timely

7 achievement of the objectives identified in subsection

8 (a)(1) and (2), the Secretary may establish a provi9 sional standard after consultation with affected par10 ties, and using, to the extent practicable, the work

11 product of appropriate standards development orga12 nizations.

13 ‘‘(2) PERIOD OF EFFECTIVENESS.—A provi14 sional standard established under paragraph (1)

15 shall be published in the Federal Register and re16 main in effect until the appropriate standards devel17 opment organization adopts and publishes a stand18 ard.

19 ‘‘(c) CONFORMITY WITH NATIONAL ARCHITEC20 TURE.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), the Secretary shall ensure that

23 intelligent transportation system projects carried out

24 using funds made available from the Highway Trust

25 Fund, including funds made available to deploy inVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00376 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 telligent transportation system technologies, conform

2 to the national architecture, applicable standards or

3 provisional standards, and protocols developed under

4 subsection (a).

5 ‘‘(2) SECRETARY’S DISCRETION.—The Sec6 retary may authorize exceptions to paragraph (1)

7 for—

8 ‘‘(A) projects designed to achieve specific

9 research objectives outlined in the National ITS

10 Program Plan under section 5204 or the Sur11 face Transportation Research and Development

12 Strategic Plan developed under section 508 of

13 title 23, United States Code; or

14 ‘‘(B) the upgrade or expansion of an intel15 ligent transportation system in existence on the

16 date of enactment of the Transportation Equity

17 Act for the 21st Century, if the Secretary de18 termines that the upgrade or expansion—

19 ‘‘(i) would not adversely affect the

20 goals or purposes of this subtitle;

21 ‘‘(ii) is carried out before the end of

22 the useful life of such system; and

23 ‘‘(iii) is cost-effective as compared to

24 alternatives that would meet the con25 formity requirement of paragraph (1).


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1 ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not

2 apply to funds used for operation or maintenance of

3 an intelligent transportation system in existence on

4 the date of enactment of the Transportation Equity

5 Act for the 21st Century.

6 ‘‘SEC. 5207. RESEARCH AND DEVELOPMENT.

7 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

8 comprehensive program of research, development, and

9 operational tests of intelligent vehicles and intelligent in10 frastructure systems, as well as research into barriers to

11 their deployment, and other similar activities that are nec12 essary to carry out this subtitle.

13 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec14 retary shall give higher priority to funding projects that—

15 ‘‘(1) reduce congestion in metropolitan regions;

16 ‘‘(2) improve mobility and efficiency by address17 ing traffic management, incident management, tran18 sit management, toll collection, traveler information,

19 or highway operations systems;

20 ‘‘(3) improve safety by focusing on crash-avoid21 ance and integration of in-vehicle crash protection

22 technologies with other onboard safety systems, in23 cluding the interaction of air bags and safety belts;

24 ‘‘(4) improve security by focusing on responding

25 to security-related emergencies, and preventing such


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1 emergencies, through tracking the movement of

2 goods;

3 ‘‘(5) incorporate human factors research, in4 cluding the science of the driving process;

5 ‘‘(6) improve deployment of proven technologies

6 by addressing nontechnical barriers to the deploy7 ment of intelligent transportation system tech8 nologies, including institutional barriers such as

9 fragmented authority at the local level, privacy con10 siderations, and rigid procurement rules, and the

11 best ways to develop partnerships to successfully de12 ploy intelligent transportation system technologies;

13 ‘‘(7) facilitate the integration of intelligent in14 frastructure, vehicle, and control technologies, in15 cluding magnetic guidance control systems or other

16 materials or magnetics research;

17 ‘‘(8) incorporate research on the impact of envi18 ronmental, weather, and natural conditions on intel19 ligent transportation systems, including the effects

20 of cold climates; or

21 ‘‘(9) facilitate high-performance transportation

22 systems, through methods such as congestion pric23 ing, real-time facility management, rapid emergency

24 response, and just-in-time transit.


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1 ‘‘(c) OPERATIONAL TESTS.—Operational tests shall

2 be used to evaluate promising technologies that have not

3 yet been demonstrated. Operational tests conducted under

4 this section shall be designed for the collection of data to

5 permit objective evaluation of the results of the tests, deri6 vation of cost-benefit information that is useful to others

7 contemplating deployment of similar systems, and develop8 ment and implementation of standards.

9 ‘‘(d) FEDERAL SHARE.—The Federal share of the

10 cost of operational tests and demonstrations under sub11 section (a) shall not exceed 80 percent.

12 ‘‘SEC. 5208. USE OF FUNDS.

‘‘(a) CONGESTION REDUCTION.—At least 1 13 ⁄3 of funds

14 spent under section 5207 for intelligent transportation

15 systems research and development shall be used to re16 search, develop, and operationally test technologies whose

17 primary purpose is to reduce congestion.

18 ‘‘(b) OUTREACH AND PUBLIC RELATIONS LIMITA19 TION.—

20 ‘‘(1) IN GENERAL.—For each fiscal year, not

21 more than $5,000,000 of the funds made available

22 to carry out this subtitle shall be used for intelligent

23 transportation system outreach, public relations, dis24 plays, scholarships, tours, and brochures.


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1 ‘‘(2) APPLICABILITY.—Paragraph (1) shall not

2 apply to intelligent transportation system training or

3 the publication or distribution of research findings,

4 technical guidance, or similar documents.

5 ‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds

6 made available to carry out this subtitle for operational

7 tests—

8 ‘‘(1) shall be used primarily for the development

9 of intelligent transportation system infrastructure;

10 and

11 ‘‘(2) to the maximum extent practicable, shall

12 not be used for the construction of physical highway

13 and transit infrastructure unless the construction is

14 incidental and critically necessary to the implemen15 tation of an intelligent transportation system

16 project.

17 ‘‘(d) USE OF INNOVATIVE FINANCING.—

18 ‘‘(1) IN GENERAL.—The Secretary may use up

19 to 25 percent of the funds made available to carry

20 out this subtitle to make available loans, lines of

21 credit, and loan guarantees for projects that are eli22 gible for assistance under this subtitle and that have

23 significant intelligent transportation system ele24 ments.


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1 ‘‘(2) CONSISTENCY WITH OTHER LAW.—Credit

2 assistance described in paragraph (1) shall be made

3 available in a manner consistent with the Transpor4 tation Infrastructure Finance and Innovation Act of

5 1998.

6 ‘‘SEC. 5209. PROGRAM EVALUATION.

7 ‘‘The Secretary shall enter into an arrangement with

8 the National Academy of Sciences, or another independent

9 institution, to evaluate the Department of Transpor10 tation’s intelligent transportation system program. The

11 evaluation shall assess, at a minimum—

12 ‘‘(1) how well the intelligent transportation sys13 tem program has achieved its goals as set forth in

14 the 2000 5-year plan referred to in section

15 5204(a)(1), including—

16 ‘‘(A) expediting integrated intelligent

17 transportation system deployment in metropoli18 tan and rural areas for both passenger and

19 freight transportation;

20 ‘‘(B) ensuring that Federal, State, and

21 local transportation officials consider intelligent

22 transportation systems in the transportation

23 planning process and have adequate knowledge

24 to do so;


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1 ‘‘(C) improving regional cooperation and

2 operations planning for effective intelligent

3 transportation system deployment;

4 ‘‘(D) promoting the innovative use of pri5 vate resources; and

6 ‘‘(E) developing a workforce capable of de7 ploying, operating, and maintaining intelligent

8 transportation systems; and

9 ‘‘(2) in areas where the intelligent transpor10 tation system program has not met its goals, assess

11 the barriers to meeting those goals, and make rec12 ommendations for how those barriers may be over13 come.

14 ‘‘SEC. 5210. DEFINITIONS.

15 ‘‘In this subtitle, the following definitions apply:

16 ‘‘(1) INTELLIGENT TRANSPORTATION INFRA17 STRUCTURE.—The term ‘intelligent transportation

18 infrastructure’ means fully integrated public sector

19 intelligent transportation system components, as de20 fined by the Secretary.

21 ‘‘(2) INTELLIGENT TRANSPORTATION SYS22 TEM.—The term ‘intelligent transportation system’

23 means electronics, communications, or information

24 processing used singly or in combination to improve


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1 the efficiency or safety of a surface transportation

2 system.

3 ‘‘(3) NATIONAL ARCHITECTURE.—The term

4 ‘national architecture’ means the common frame5 work for interoperability adopted by the Secretary

6 that defines—

7 ‘‘(A) the functions associated with intel8 ligent transportation system user services;

9 ‘‘(B) the physical entities or subsystems

10 within which the functions reside;

11 ‘‘(C) the data interfaces and information

12 flows between physical subsystems; and

13 ‘‘(D) the communications requirements as14 sociated with the information flows.

15 ‘‘(4) NATIONAL ITS PROGRAM PLAN.—The term

16 ‘National ITS Program Plan’ means the plan update

17 required under section 5204(a).

18 ‘‘(5) STANDARD.—The term ‘standard’ means a

19 document that—

20 ‘‘(A) contains technical specifications or

21 other precise criteria for intelligent transpor22 tation systems that are to be used consistently

23 as rules, guidelines, or definitions of character24 istics so as to ensure that materials, products,


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1 processes, and services are fit for their pur2 poses; and

3 ‘‘(B) may support the national architecture

4 and promote—

5 ‘‘(i) the widespread use and adoption

6 of intelligent transportation system tech7 nology as a component of the surface

8 transportation systems of the United

9 States; and

10 ‘‘(ii) interoperability among intelligent

11 transportation system technologies imple12 mented throughout the States.

13 ‘‘(6) STATE.—The term ‘State’ has the mean14 ing given the term under section 101 of title 23,

15 United States Code.’’.

16 (b) TABLE OF CONTENTS AMENDMENT.—The items

17 relating to subtitle C of title V in the table of contents

18 of the Transportation Equity Act for the 21st Century are

19 amended to read as follows:

‘‘Subtitle C—Intelligent Transportation Systems

‘‘Sec. 5201. Short title.

‘‘Sec. 5202. Goals and purposes.

‘‘Sec. 5203. General authorities and requirements.

‘‘Sec. 5204. National ITS Program Plan.

‘‘Sec. 5205. Information strategy.

‘‘Sec. 5206. National architecture and standards.

‘‘Sec. 5207. Research and development.

‘‘Sec. 5208. Use of funds.

‘‘Sec. 5209. Program evaluation.

‘‘Sec. 5210. Definitions.’’.


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1 (c) REPEAL.—The Intermodal Surface Transpor2 tation Efficiency Act of 1991 is amended by striking part

3 B of title VI (23 U.S.C. 307 note; 105 Stat. 2189).

4 SEC. 112. NATIONAL MULTIMODAL TRENDS POLICY RE5 SEARCH PROGRAM.

6 (a) IN GENERAL.—The Secretary shall establish and

7 carry out a National Multimodal Trends Policy Research

8 Program that systematically addresses critical short-term,

9 medium-term, and long-term social science issues affecting

10 and affected by the transportation system.

11 (b) CONTENTS.—The program to be carried out

12 under this section shall include—

13 (1) research on—

14 (A) the critical factors and major trends

15 affecting the success and performance of the

16 Nation’s transportation system, as well as how

17 such information can be incorporated into na18 tional, State, and local decisionmaking;

19 (B) the short-term, medium-term, and es20 pecially long-term economic, demographic, and

21 social trends that are affecting and are affected

22 by the transportation system, including topics

23 such as—

24 (i) economic trends, including

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1 tation of people and goods, rapidly chang2 ing information technology, the growing

3 importance of metropolitan economies, di4 versification of employment sites, innova5 tions in goods movement, and larger capac6 ity and faster goods movement;

7 (ii) demographic trends, including

8 population growth, increasing minority

9 populations, increasing urbanization, and

10 the aging of the population; and

11 (iii) social trends and issues, including

12 increasing income disparity and its impli13 cation for mobility and access to jobs, serv14 ices and health care, the unique needs of

15 rural populations, and the link between

16 human factors and driver behavior;

17 (C) improvements in evaluation methodolo18 gies and performance measures, and the evalua19 tion of project and transportation system per20 formance relative to the goals set forth in sec21 tion 102;

22 (D) how institutional factors within and

23 among the public and private sectors affect the

24 development and successful deployment of new

25 technologies;


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1 (E) links between public health and the

2 transportation system; and

3 (F) other critical issues identified by the

4 Advisory Board established under subsection

5 (e); and

6 (2) research on and the development of policy

7 analysis tools and methods.

8 (c) ESTABLISHMENT.—Not later than 120 days after

9 the date of enactment of this Act, the Secretary shall enter

10 into an arrangement with the National Academy of

11 Sciences to establish an advisory board under subsection

12 (e) and, except as provided in subsection (e), to support,

13 administer, and manage the program.

14 (d) STRATEGIC PLAN.—Not later than 2 years after

15 entering into the arrangement under subsection (c) and

16 upon each update thereafter, the National Academy of

17 Sciences shall transmit the strategic plan developed by the

18 advisory board under subsection (e) to the Secretary, to

19 the Committee on Transportation and Infrastructure and

20 the Committee on Science of the House of Representa21 tives, and to the Committee on Environment and Public

22 Works of the Senate.

23 (e) ADVISORY BOARD.—


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1 (1) ESTABLISHMENT.—The National Academy

2 of Sciences shall establish an independent advisory

3 board.

4 (2) MEMBERSHIP.—

5 (A) IN GENERAL.—A majority of members

6 of the advisory board shall be experts in—

7 (i) transportation social science re8 search; or

9 (ii) other social science fields with im10 portant or potentially important relation11 ships to transportation, selected after con12 sultation with the Consortium of Social

13 Science Associations.

14 Members selected under this subparagraph

15 shall, to the extent practicable, be evenly di16 vided between experts described in clause (i)

17 and experts described in clause (ii).

18 (B) ADDITIONAL MEMBERS.—Additional

19 members of the advisory board shall be evenly

20 balanced among representatives of Federal,

21 State, and local transportation agencies, other

22 agencies with appropriate expertise, metropoli23 tan planning organizations, transit operating

24 agencies, and environmental and other non25 profit organizations.


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1 (3) RESPONSIBILITIES.—The advisory board

2 shall be responsible for—

3 (A) the development of a strategic plan

4 which shall specify at a minimum the goals, re5 search priorities, and fiscal needs of the pro6 gram, and which shall be updated periodically;

7 (B) overseeing the awarding of grants and

8 contracts to carry out the research strategy;

9 (C) the development of the annual request

10 for proposals and the solicitation of proposals

11 through open competition with peer review; and

12 (D) the development of project selection

13 criteria, through an open and public consulta14 tion process with stakeholders.

15 (4) EVALUATION OF RESEARCH.—Research

16 contracts and grants under this section shall require

17 peer review of the research results.

18 (5) ELIGIBLE RESEARCH.—At least 75 percent

19 of funds made available for research under this sec20 tion shall support research directed to the priorities

21 in the strategic plan, and up to 25 percent of such

22 funds may support appropriate sponsor directed re23 search.

24 (f) DISSEMINATION OF RESEARCH FINDINGS.—The

25 National Academy of Sciences and the Department of


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1 Transportation shall disseminate research findings under

2 this section to researchers, practitioners, and decision3 makers, through conferences and seminars, field dem4 onstrations, workshops, training programs, presentations,

5 testimony to government officials, the Internet, and publi6 cations for the general public.

7 TITLE II—MISCELLANEOUS

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

9 (a) TRANSIT RESEARCH AND DEVELOPMENT.—

10 There are authorized to be appropriated to the Secretary

11 of Transportation to carry out sections 5312, 5313, 5314,

12 5315, and 5322 of title 49, United States Code, and sec13 tion 202 of this Act, relating to research and development,

14 $75,000,000 for each of the fiscal years 2004 through

15 2009.

16 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP17 MENT.—There are authorized to be appropriated to the

18 Secretary of Transportation to carry out section 403 of

19 title 23, United States Code, relating to research and de20 velopment, such sums as may be necessary for each of the

21 fiscal years 2004 through 2009.

22 (c) MOTOR CARRIER RESEARCH AND DEVELOP23 MENT.—There are authorized to be appropriated to the

24 Secretary of Transportation to carry out section 31108

25 of title 49, United States Code, relating to research and


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1 development, such sums as may be necessary for each of

2 the fiscal years 2004 through 2009.

3 SEC. 202. TRANSIT RESEARCH.

4 (a) AMENDMENT.—Chapter 5 of title 23, United

5 States Code, as amended by this Act, is further amended

6 by adding at the end the following new section:

7 ‘‘§ 510. Innovative Practices and Technologies Dem8 onstration and Deployment Program

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish an Innovative Practices and Technologies Demonstra11 tion and Deployment Program.

12 ‘‘(b) PROGRAM GOALS.—The goals of the program

13 are to—

14 ‘‘(1) demonstrate promising new transit prac15 tices and technologies, including new business mod16 els for managing and operating transit systems, that

17 may increase ridership, increase accessibility, reduce

18 cost, improve customer satisfaction, and improve

19 safety;

20 ‘‘(2) evaluate, refine, and document the per21 formance, benefits, and costs of innovative practices

22 and technologies; and

23 ‘‘(3) effectively disseminate information to ac24 celerate deployment of innovative practices and tech25 nologies.


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1 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

2 CONTRACTS.—The Secretary may make grants to, or

3 enter into cooperative agreements or contracts with, tran4 sit agencies, States, other Federal agencies, universities

5 and colleges, private sector entities, and nonprofit organi6 zations to pay the Federal share of the cost of demonstra7 tion and deployment projects concerning innovative prac8 tices and technologies.

9 ‘‘(d) APPLICATIONS.—To receive a grant, cooperative

10 agreement, or contract under this section, an entity de11 scribed in subsection (c) shall submit an application to the

12 Secretary. The application shall be in such form and con13 tain such information as the Secretary may require. The

14 Secretary shall select and approve the applications based

15 on the following criteria:

16 ‘‘(1) Whether the project meets the goals of the

17 program.

18 ‘‘(2) Merit review.

19 ‘‘(3) The likelihood that the project will result

20 in more widespread deployment of the practice or

21 technology being proposed.

22 ‘‘(4) Preference shall be given to an application

23 that represents a public-private partnership.

24 ‘‘(e) TECHNOLOGY AND INFORMATION TRANSFER.—

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1 tive practices and technologies supported under this sec2 tion is made available to transit agencies, State and local

3 transportation departments, and other interested parties.

4 Information disseminated under this subsection shall in5 clude both the costs and benefits of deploying an innova6 tive practice or technology, and shall document—

7 ‘‘(1) best practices for adopting successful prac8 tices or technologies; and

9 ‘‘(2) the transferability of these practices and

10 technologies.

11 ‘‘(f) FEDERAL SHARE.—The Federal share of the

12 cost of a project under this section shall be determined

13 by the Secretary.’’.

14 (b) CONFORMING AMENDMENT.—The analysis of

15 chapter 5 of title 23, United States Code, as amended by

16 this Act, is further amended by adding at the end the fol17 lowing new item:

‘‘510. Innovative Practices and Technologies Demonstration and Deployment

Program.’’.

18 SEC. 203. NATIONAL TRANSIT INSTITUTE.

19 Section 5315 is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘public mass transpor22 tation’’ and inserting ‘‘public transportation’’

23 each place it appears;


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1 (B) by striking ‘‘mass’’ after ‘‘Govern2 ment-aid’’ and inserting ‘‘public’’; and

3 (C) in paragraphs (1), (6), (7), and (10)

4 by striking ‘‘mass’’ each place it appears before

5 ‘‘transportation’’ and inserting ‘‘public’’; and

6 (2) in subsection (d) by striking ‘‘mass’’ each

7 place it appears.

8 SEC. 204. HUMAN RESOURCE PROGRAMS.

9 (a) IN GENERAL.—Section 5322 is amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

11 the beginning of the first sentence of the section;

12 and

13 (2) by adding the following at the end:

14 ‘‘(b) GRANTS TO HIGHER LEARNING INSTITU15 TIONS.—

16 ‘‘(1) The Secretary (or the Secretary of Hous17 ing and Urban Development when required by sec18 tion 5334(i) of this title) may make grants to non19 profit institutions of higher learning—

20 ‘‘(A) to conduct competent research and

21 investigations into the theoretical or practical

22 problems of urban transportation; and

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1 nization that plans, builds, operates, or man2 ages an urban transportation system.

3 ‘‘(2) Research and investigations under this

4 subsection include—

5 ‘‘(A) the design and use of urban public

6 transportation systems and urban roads and

7 highways;

8 ‘‘(B) the interrelationship between various

9 modes of urban and interurban transportation;

10 ‘‘(C) the role of transportation planning in

11 overall urban planning;

12 ‘‘(D) public preferences in transportation;

13 ‘‘(E) the economic allocation of transpor14 tation resources; and

15 ‘‘(F) the legal, financial, engineering, and

16 esthetic aspects of urban transportation.

17 ‘‘(3) When making a grant under this sub18 section, the Secretary shall give preference to an in19 stitution that brings together knowledge and exper20 tise in the various social science and technical dis21 ciplines related to urban transportation problems.

22 ‘‘(c) FELLOWSHIPS.—

23 ‘‘(1) The Secretary may make grants to States,

24 local governmental authorities, and operators of pub25 lic transportation systems to provide fellowships to


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1 train personnel employed in managerial, technical,

2 and professional positions in the mass transportation

3 field.

4 ‘‘(2) A fellowship under this subsection may be

5 for not more than one year of training in an institu6 tion that offers a program applicable to the public

7 transportation industry. The recipient of the grant

8 shall select an individual on the basis of dem9 onstrated ability and for the contribution the indi10 vidual reasonably can be expected to make to an ef11 ficient public transportation operation. A grant for

12 a fellowship may not be more than the lesser of

13 $65,000 or 75 percent of—

14 ‘‘(A) tuition and other charges to the fel15 lowship recipient;

16 ‘‘(B) additional costs incurred by the train17 ing institution and billed to the grant recipient;

18 and

19 ‘‘(C) the regular salary of the fellowship

20 recipient for the period of the fellowship to the

21 extent the salary is actually paid or reimbursed

22 by the grant recipient.

23 ‘‘(d) OTHER GRANTS.—The Secretary may make

24 grants to State and local governmental authorities for


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1 projects that will use innovative techniques and methods

2 in managing and providing public transportation.’’.

3 SEC. 205. HIGHWAY SAFETY RESEARCH AND DEVELOP4 MENT.

5 Section 403(a) (Authority of the Secretary) of title

6 23, United States Code, is amended by adding the fol7 lowing paragraphs at the end:

8 ‘‘(4) EMERGENCY MEDICAL SERVICES.—In ad9 dition to the authority provided under this sub10 section, the Secretary is authorized to use funds ap11 propriated to carry out this section to enhance co12 ordination among Federal agencies involved with

13 State, local, tribal, and community-based emergency

14 medical services. In exercising this authority, the

15 Secretary may coordinate with State and local gov16 ernments, the Bureau of Indian Affairs on behalf of

17 Indian tribes, private industry, and other interested

18 parties; collect and exchange emergency medical

19 services data and information; examine emergency

20 medical services needs, best practices, and related

21 technology; and develop emergency medical services

22 standards and guidelines, and plans for the assess23 ment of emergency medical services systems.

24 ‘‘(5) INTERNATIONAL COOPERATION.—In addi25 tion to the authority provided under this subsection,


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1 the Secretary is authorized to use funds appro2 priated to carry out this section to participate and

3 cooperate in international activities to enhance high4 way safety by such means as exchanging safety in5 formation; conducting safety research; and exam6 ining safety needs, best practices, and new tech7 nology.

8 ‘‘(6) NATIONAL MOTOR VEHICLE CRASH CAUSA9 TION SURVEY.—In addition to the authority pro10 vided under this subsection, the Secretary is author11 ized to use funds appropriated to carry out this sec12 tion to develop and conduct a nationally representa13 tive survey to collect on-scene motor vehicle crash

14 causation data.’’.

15 SEC. 206. MOTOR CARRIER RESEARCH AND TECHNOLOGY

16 PROGRAM.

17 (a) IN GENERAL.—Title 49, United States Code, is

18 amended by repealing section 31108 and inserting the fol19 lowing new section, to read as follows:

20 ‘‘§ 31108. Motor carrier research and technology pro21 gram

22 ‘‘(a) RESEARCH, TECHNOLOGY AND TECHNOLOGY

23 TRANSFER ACTIVITIES.—

24 ‘‘(1) The Secretary of Transportation shall es25 tablish and carry out a motor carrier research and


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1 technology program. The Secretary may carry out

2 research, development, technology, and technology

3 transfer activities with respect to—

4 ‘‘(A) the causes of accidents, injuries and

5 fatalities involving commercial motor vehicles;

6 and

7 ‘‘(B) means of reducing the number and

8 severity of accidents, injuries and fatalities in9 volving commercial motor vehicles.

10 ‘‘(2) The Secretary may test, develop, or assist

11 in testing and developing any material, invention,

12 patented article, or process related to the research

13 and technology program.

14 ‘‘(3) The Secretary may use the funds appro15 priated to carry out this section for training or edu16 cation of commercial motor vehicle safety personnel,

17 including, but not limited to, training in accident re18 construction and detection of controlled substances

19 or other contraband, and stolen cargo or vehicles.

20 ‘‘(4) The Secretary may carry out this

21 section—

22 ‘‘(A) independently;

23 ‘‘(B) in cooperation with other Federal de24 partments, agencies, and instrumentalities and

25 Federal laboratories; or


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1 ‘‘(C) by making grants to, or entering into

2 contracts or cooperative agreements with, any

3 Federal laboratory, State agency, authority, as4 sociation, institution, for-profit or non-profit

5 corporation, organization, foreign country, or

6 person.

7 ‘‘(5) The Secretary shall use funds made avail8 able to carry out this section to develop, administer,

9 communicate, and promote the use of products of re10 search, technology, and technology transfer pro11 grams under this section.

12 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP13 MENT.—

14 ‘‘(1) To advance innovative solutions to prob15 lems involving commercial motor vehicle and motor

16 carrier safety, security, and efficiency, and to stimu17 late the deployment of emerging technology, the Sec18 retary may carry out, on a cost-shared basis, col19 laborative research and development with—

20 ‘‘(A) non-Federal entities, including State

21 and local governments, foreign governments,

22 colleges and universities, corporations, institu23 tions, partnerships, and sole proprietorships

24 that are incorporated or established under the

25 laws of any State; and


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1 ‘‘(B) Federal laboratories.

2 ‘‘(2) In carrying out this subsection, the Sec3 retary may enter into cooperative research and de4 velopment agreements (as defined in section 12 of

5 the Stevenson-Wydler Technology Innovation Act of

6 1980 (15 U.S.C. 3710a)).

7 ‘‘(3)(A) The Federal share of the cost of activi8 ties carried out under a cooperative research and de9 velopment agreement entered into under this sub10 section shall not exceed 50 percent, except that if

11 there is substantial public interest or benefit, the

12 Secretary may approve a greater Federal share.

13 ‘‘(B) All costs directly incurred by the non-Fed14 eral partners, including personnel, travel, and hard15 ware or software development costs, shall be credited

16 toward the non-Federal share of the cost of the ac17 tivities described in subparagraph (A).

18 ‘‘(4) The research, development, or use of a

19 technology under a cooperative research and develop20 ment agreement entered into under this subsection,

21 including the terms under which the technology may

22 be licensed and the resulting royalties may be dis23 tributed, shall be subject to the Stevenson-Wydler

24 Technology Innovation Act of 1980 (15 U.S.C. 3701

25 et seq.).


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1 ‘‘(5) Section 3705 of title 41, United States

2 Code, shall not apply to a contract or agreement en3 tered into under this section.’’.

4 (b) CONFORMING AMENDMENT.—The table of sec5 tions at the beginning of chapter 311 of title 49, United

6 States Code, is amended by revising the item relating to

7 section 31108 to read as follows:

‘‘31108. Motor carrier research and technology program.’’.

8 SEC. 207. TRANSPORTATION, ENERGY, AND ENVIRONMENT.

9 (a) IN GENERAL.—As part of the National Climate

10 Change Technology Initiative and the Climate Change Re11 search Initiative, the Secretary shall establish and carry

12 out a multimodal energy and climate change program to

13 study the relationship of transportation, energy, and cli14 mate change.

15 (b) CONTENTS.—The program to be carried out

16 under this section shall include, but not be limited to, re17 search designed to—

18 (1) identify, develop and evaluate strategies to

19 improve energy efficiency and reduce greenhouse gas

20 emissions from transportation sources; and

21 (2) identify and evaluate the potential effects of

22 climate changes on the nation’s transportation sys23 tems, and strategies to address these effects.

24 (c) PROJECT SELECTION.—Activities to be under25 taken in this program will be determined by an internal


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1 steering committee established by the Secretary of Trans2 portation. This intermodal committee shall include rep3 resentatives from the Office of the Secretary and oper4 ating administrations within the Department of Transpor5 tation as designated by the Secretary.

6 (d) GRANTS, COOPERATIVE AGREEMENTS AND CON7 TRACTS.—The Secretary may carry out this program inde8 pendently or by making grants to, or entering into con9 tracts and cooperative agreements with, a Federal agency,

10 State agency, local agency, authority, association, non11 profit or for-profit corporation, or institution of higher

12 education.

13 SEC. 208. NATIONAL COOPERATIVE FREIGHT TRANSPOR14 TATION RESEARCH PROGRAM.

15 (a) AUTHORIZATION.—To carry out a national coop16 erative freight transportation research program, there is

17 authorized the following sums:

18 (1) $8,000,000 for each of fiscal years 2004

19 and 2005.

20 (2) $10,000,000 for each of fiscal years 2006

21 and 2007.

22 (3) $12,000,000 for each of fiscal years 2008

23 and 2009.


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1 (b) IN GENERAL.—Chapter 5 of title 23, United

2 States Code, is amended by adding at the end the fol3 lowing:

4 ‘‘§ 509. National Cooperative Freight Transportation

5 Research Program

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab7 lish and support a national cooperative freight transpor8 tation research program.

9 ‘‘(b) AGREEMENT.—The Secretary shall enter into an

10 agreement with the National Academy of Sciences to sup11 port and carry out administrative and management activi12 ties relating to the governance of the national cooperative

13 freight transportation research program.

14 ‘‘(c) ADVISORY COMMITTEE.—The National Acad15 emy of Sciences shall select an advisory committee con16 sisting of a representative cross-section of freight stake17 holders, including the Department of Transportation,

18 other Federal agencies, State transportation departments,

19 local governments, the American Association of State

20 Highway and Transportation Officials and other nonprofit

21 entities (including environmental groups), academia, and

22 the private sector.

23 ‘‘(d) GOVERNANCE.—The national cooperative

24 freight transportation research program established under


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1 this section shall include the following administrative and

2 management elements:

3 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi4 sory committee, in consultation with stakeholders,

5 shall recommend a national research agenda for the

6 national cooperative freight transportation research

7 program. The national research agenda shall include

8 a multi-year strategic plan.

9 ‘‘(2) STAKEHOLDER INVOLVEMENT.—Stake10 holders may—

11 ‘‘(A) submit research proposals to the advi12 sory committee;

13 ‘‘(B) participate in merit reviews of re14 search proposals and peer reviews of research

15 products; and

16 ‘‘(C) receive research results.

17 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

18 RESEARCH PROPOSALS.—The National Academy of

19 Sciences shall award research contracts and grants

20 through open competition and merit review con21 ducted on a regular basis.

22 ‘‘(4) EVALUATION OF RESEARCH.—

23 ‘‘(A) PEER REVIEW.—Research contracts

24 and grants shall allow peer review of the re25 search results.


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1 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The

2 National Academy of Sciences may conduct

3 periodic programmatic evaluations on a regular

4 basis.

5 ‘‘(5) DISSEMINATION OF RESEARCH FIND6 INGS.—The National Academy of Sciences shall dis7 seminate research findings to researchers, practi8 tioners, and decision-makers, through conferences

9 and seminars, field demonstrations, workshops,

10 training programs, presentations, testimony to gov11 ernment officials, world wide web, publications for

12 the general public, and other appropriate means.

13 ‘‘(e) CONTENTS.—The national research agenda for

14 the national cooperative freight transportation research

15 program required under subsection (d)(1) shall include re16 search in the following areas:

17 ‘‘(1) Techniques for estimating and quantifying

18 public benefits derived from freight transportation

19 projects.

20 ‘‘(2) Alternative approaches to calculating the

21 contribution of truck traffic to congestion on specific

22 highway segments.

23 ‘‘(3) The feasibility of freight villages as a

24 means of consolidating origins and destinations for

25 freight movement.


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1 ‘‘(4) Methods for incorporating estimates of

2 international trade into landside transportation plan3 ning.

4 ‘‘(5) The use of technology applications to in5 crease capacity of highway lanes dedicated to truck6 only traffic.

7 ‘‘(6) Development of physical and policy alter8 natives for separating car and truck traffic.

9 ‘‘(7) Ways to synchronize infrastructure im10 provements with freight transportation demand.

11 ‘‘(8) The effect of changing patterns of freight

12 movement on transportation planning decisions re13 lating to rest areas.

14 ‘‘(9) Additional priorities to identify and ad15 dress the emerging and future research needs re16 lated to freight transportation.

17 ‘‘(f) FUNDING.—

18 ‘‘(1) FEDERAL SHARE.—The Federal share of

19 the cost of an activity carried out using such funds

20 shall be up to 100 percent, and such funds shall re21 main available until expended.

22 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi23 tion to using funds authorized for this section, the

24 National Academy of Sciences may seek and accept

25 additional funding sources from public and private


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1 entities capable of accepting funding from the

2 United States Department of Transportation (Fed3 eral Highway Administration, Federal Transit Ad4 ministration, Federal Railroad Administration, Re5 search and Special Programs Administration, and

6 the National Highway Traffic Safety Administra7 tion), states, local governments, nonprofit founda8 tions, and the private sector.’’.

9 (c) CONFORMING AMENDMENT.—The analysis for

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

11 redesignating section 509 as follows:

‘‘509. National cooperative freight transportation research program.’’.

12 SEC. 209. NEXT GENERATION NATIONAL TRANSPORTATION

13 POLICY STUDY COMMISSION.

14 (a) ESTABLISHMENT OF COMMISSION.—(1) The

15 President shall established a Commission to be known as

16 the Next Generation National Transportation Policy

17 Study Commission, in this section referred to as the

18 ‘‘Commission’’.

19 (2) The Commission shall make a full and complete

20 investigation and study of the transportation needs and

21 of the resources, requirements, and policies of the United

22 States to meet such expected needs. It shall take into con23 sideration all reports on national transportation policy

24 which have been submitted to Congress in the last decade,

25 including all reports referenced in the Intermodal Surface


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1 Transportation Efficiency Act of 1991 and the Transpor2 tation Equity Act of the 21st Century. It shall also take

3 into consideration the changes in global trade and its im4 pact on the Nation’s economy. It shall evaluate the relative

5 merits of all modes of transportation in meeting our Na6 tion’s transportation needs. It shall take into account the

7 link between transportation and the natural environment.

8 Based on such study, it shall recommend changes to exist9 ing policies and any new policies that are most likely to

10 ensure that adequate multimodal transportation systems

11 are in place which will meet the needs for a safe and effi12 cient movement of people and goods and also support and

13 grow the national economy.

14 (b) MEMBERSHIP.—The Commission shall be com15 prised of 16 members appointed by the President from

16 among individuals who are knowledgeable in transpor17 tation activities, including individuals representing State

18 and local governments, metropolitan planning organiza19 tions, transportation-related industries, academic and

20 technical institutions, and public interest organizations in21 volved with scientific, regulatory, economic, and environ22 mental transportation activities. The membership of the

23 Commission shall be balanced geographically to the extent

24 consistent with maintaining the highest level of expertise


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1 on the Commission. Members shall be appointed for the

2 life of the Commission as follows:

3 (1) 4 shall be appointed from a list of 8 individ4 uals who shall be recommended by the majority lead5 er of the Senate in consultation with the Chairman

6 of the Committee on Environment and Public

7 Works, and the Chairman of the Committee on

8 Commerce, Science and Transportation, and the

9 Chairman of the Committee on Banking, Housing

10 and Urban Affairs of the Senate.

11 (2) 4 shall be appointed from a list of 8 individ12 uals who shall be recommended by the minority lead13 er of the Senate in consultation with the ranking

14 member of the Committee on Environment and Pub15 lic Works, the ranking member of the Committee on

16 Commerce, Science and Transportation, and the

17 ranking member of the Committee on Banking,

18 Housing and Urban Affairs of the Senate.

19 (3) 4 shall be appointed from a list of 8 individ20 uals who shall be recommended by the Speaker of

21 the House of Representatives in consultation with

22 the Chairman of the Committee on Transportation

23 and Infrastructure, the Chairman of the Committee

24 on Energy and Commerce, and the Chairman of the


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1 Committee on Science of the House of Representa2 tives.

3 (4) 4 shall be appointed from a list of 8 individ4 uals who shall be recommended by the minority lead5 er of the House of Representatives in consultation

6 with the ranking member of the Committee on

7 Transportation and Infrastructure, the ranking

8 member of the Committee on Energy and Com9 merce, and the ranking member of the Committee

10 on Science of the House of Representatives.

11 (5) Any vacancy which may occur on the Com12 mission shall not affect its powers or functions but

13 shall be filled in the same manner in which the origi14 nal appointment was made.

15 (c) FINAL REPORT.—The Commission shall not later

16 than December 31, 2005, submit to the President and

17 Congress its final report including its findings and rec18 ommendations. The Commission shall cease to exist six

19 months after submission of such report. All records and

20 papers of the Commission shall thereupon be delivered to

21 the Administrator of General Services for deposit in the

22 Archives of the United States.

23 (d) FINDINGS AND RECOMMENDATIONS.—The final

24 report shall include the Commission’s findings and rec25 ommendations with respect to the following:


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1 (1) The Nation’s transportation needs, both na2 tional and regional, through the year 2025.

3 (2) The ability of our current transportation

4 systems to meet the projected needs.

5 (3) The proper mix of transportation modes

6 and necessary linkages between modes to meet an7 ticipated needs.

8 (4) Necessary measures and policies to ensure

9 enhancement and protection of the natural environ10 ment in transportation decisionmaking.

11 (5) Short-term, medium-term, and long-term

12 research, development, and deployment to meet ex13 pected needs.

14 (6) The roles of the public and private sectors

15 relative to each mode and the balance between public

16 and private investment.

17 (7) The existing policies and programs of the

18 Federal Government which affect the development of

19 our national transportation system.

20 (8) The new policies required to develop a bal21 anced national transportation system which meets

22 projected needs, accommodates international trade

23 and supports the national economy.


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1 (9) The adequacy of existing methods to fi2 nance transportation and alternative new methods of

3 financing.

4 (e) SPECIFIC FACTORS TO CONSIDER.—In devel5 oping its findings and recommendations, the Commission

6 shall address the following specific factors:

7 (1) The role of transportation as a critical link

8 to the global economy and trade.

9 (2) A balance between the transportation of

10 people and goods.

11 (3) Improving operations and management of

12 the transportation system to improve efficiency, in13 cluding asset and information management.

14 (4) The need to address aging infrastructure.

15 (5) The need to address the enhancement and

16 protection of the natural environment.

17 (6) The need to address congestion in all

18 modes.

19 (7) The need to improve environmental deci20 sionmaking.

21 (8) A balance between the demand for transpor22 tation reliability with new threats to security.

23 (9) Ways to eliminate barriers to transportation

24 investment created by the current modal structure of

25 transportation funding.


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1 (10) Existing barriers to private investment in

2 transportation facilities including tax inequities be3 tween modes.

4 (11) The adequacy of the Federal transpor5 tation trust funds to finance future transportation

6 needs.

7 (12) Appropriate measures of transportation

8 need.

9 (13) The adequacy of integration among Fed10 eral programs affecting transportation.

11 (14) The relationship between land use and

12 transportation infrastructure investment.

13 (15) The role that transportation plays in pro14 moting economic growth, improving the environment

15 and sustaining the quality of life.

16 (f) RECOMMENDATIONS ON THE ROLES OF GOVERN17 MENT.—The Commission shall also make recommenda18 tions on the roles of the Federal and State governments

19 in—

20 (1) environmental review of transportation

21 projects;

22 (2) the provision of intercity passenger rail

23 services;

24 (3) financing transportation at international

25 border crossings;


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1 (4) facilitating international goods movement

2 to, from and within the United States;

3 (5) ensuring consistency in data and commu4 nications links for and between all modes;

5 (6) financing for each mode of transportation;

6 and

7 (7) effectively using transportation networks to

8 enhance the quality of life, protect natural resources

9 and promote sustainable economic growth.

10 (g) PARTICIPATION IN COMMISSION ACTIVITIES.—

11 (1) PARTICIPATION OF FEDERAL AGENCIES..—

12 The Chairman of the Commission shall request the

13 head of each Federal department or agency with an

14 interest in or a responsibility for national transpor15 tation policy to appoint a liaison who shall work

16 closely with the Committee and its staff. Such de17 partments and agencies shall include, but not be lim18 ited to, the Department of Transportation, and each

19 of its modal administrations, Office of Management

20 and Budget, Department of Energy, Department of

21 Homeland Security, Environmental Protection Agen22 cy, Department of Health and Human Services, De23 partment of Commerce, Department of the Treas24 ury, Department of Defense, Department of Agri25 culture, National Transportation Safety Board, SurVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00416 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 face Transportation Board, and Army Corps of En2 gineers.

3 (2) ADVICE FROM PUBLIC AND PRIVATE ORGA4 NIZATIONS.—In carrying out its duties, the Commis5 sion shall seek the advice of various groups inter6 ested in national transportation policy including

7 State and local governments, public and private or8 ganizations in the fields of transportation and safe9 ty, business, education, environment and labor, and

10 the public.

11 (h) HEARINGS.—The Commission or, on the author12 ization of the Commission, any Committee of two or more

13 members may, for the purpose of carrying out the provi14 sions of this section, hold such hearings at such times and

15 places as the Commission or such authorized committee

16 may deem advisable.

17 (i) COMPENSATION.—Members of Congress or other

18 governmental employees shall serve without compensation,

19 but shall be reimbursed for travel, per diem in accordance

20 of the rules of the House of Representatives and Senate,

21 accordingly, or subsistence and other necessary expenses

22 incurred in the performance of the duties vested in the

23 Commission.

24 (j) COMMISSION STAFF.—The Commission is author25 ized to appoint and fix the compensation of a staff director


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1 and such additional personnel as may be necessary to en2 able it to carry out its functions.

3 (k) CONTRACTS.—The Commission is authorized to

4 enter into contracts or agreements for studies and surveys

5 with public and private organizations and, if necessary,

6 to transfer funds to Federal agencies from sums appro7 priated pursuant to this section to carry out such of its

8 duties as the Commission determines can best be carried

9 our in the that manner.

10 (l) AUTHORIZATION OF APPROPRIATIONS.—(1)

11 There are authorized to be appropriated to carry out this

12 section such sums as may be necessary.

13 (2) Funds authorized by this subsection shall remain

14 available until expended.

15 SEC. 210. REAL-TIME SYSTEM MANAGEMENT INFORMATION

16 PROGRAM.

17 (a) GOALS AND PURPOSES.—

18 (1) GOALS.—The goals of the real-time system

19 management information program are to provide the

20 nationwide capability to monitor, in real-time, the

21 traffic and travel conditions of our nation’s major

22 highways and to widely share that information to

23 improve the security of the surface transportation

24 system, address congestion problems, support imVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00418 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 proved response to weather events, and facilitate na2 tional and regional traveler information.

3 (2) PURPOSES.—The purposes of the real-time

4 system management information program are to—

5 (A) establish a nationwide system of basic

6 real-time information for managing and oper7 ating our surface transportation system;

8 (B) identify longer range real-time high9 way and transit monitoring needs and develop

10 plans and strategies for meeting those needs;

11 and

12 (C) provide the capability and means to

13 share that data with state and local govern14 ments, and the traveling public.

15 (b) DATA EXCHANGE FORMATS.—Within one year of

16 enactment of this Act, the Secretary shall establish data

17 exchange formats to ensure that the data provided by

18 highway and transit monitoring systems, including state19 wide incident reporting systems can readily be exchanged

20 across jurisdictional boundaries, facilitating nationwide

21 availability of information.

22 (c) STATEWIDE INCIDENT REPORTING SYSTEM.—

23 Within 2 years of enactment of this legislation, each State

24 shall establish a statewide incident reporting system.


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1 (d) REGIONAL INTELLIGENT TRANSPORTATION SYS2 TEM ARCHITECTURE.—

3 (1) As State and local governments develop or

4 update their regional ITS architectures, as specified

5 in section 940.9 of title 23, Code of Federal Regula6 tions (Regional ITS Architecture), they shall explic7 itly address their real-time highway and transit in8 formation needs and the systems needed to meet

9 those needs. This specific incorporation of informa10 tion needs should address coverage, monitoring sys11 tems, data fusion and archiving, and methods of ex12 changing or sharing this information.

13 (2) States are encouraged to incorporate the

14 data exchange formats developed by the Secretary to

15 ensure that the data provided by highway and tran16 sit monitoring systems can readily be exchanged

17 across state and local governments, and with the

18 traveling public.

19 (e) DEFINITION.—In this section, the term ‘‘state20 wide incident reporting system’’ means a statewide system

21 for facilitating the real-time electronic reporting of inci22 dents to a central location for use in monitoring the event,

23 providing accurate traveler information, and responding to

24 the incident as appropriate.


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1 SEC. 211. PLANNING CAPACITY BUILDING INITIATIVE.

2 Section 104 of title 23, United States Code, is

3 amended by inserting after subsection (i), as added by this

4 Act, the following:

5 ‘‘(j) PLANNING CAPACITY BUILDING INITIATIVE.—

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish a planning capacity building initiative to support

8 enhancements in transportation planning, in order

9 to—

10 ‘‘(A) strengthen metropolitan and state11 wide transportation planning under chapter 52

12 of title 49;

13 ‘‘(B) enhance tribal capacity to conduct

14 joint transportation planning under Chapter 2

15 of this title; and

16 ‘‘(C) participate in the metropolitan and

17 statewide transportation planning programs

18 under chapter 52 of title 49.

19 ‘‘(2) PRIORITY.—The Secretary shall give pri20 ority to planning practices and processes that sup21 port homeland security planning, performance based

22 planning, safety planning, operations planning,

23 freight planning, and integration of environment and

24 planning.

25 ‘‘(3) USE OF FUNDS.—Funds authorized for

26 this program may be used for research, program deVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00421 Fmt 6601 Sfmt 6602 E:\HR\OC\HR662P1.XXX HR662P1

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1 velopment, information collection and dissemination,

2 and technical assistance. The Secretary may use

3 these funds independently or make grants to, or

4 enter into contracts and cooperative agreements

5 with, a Federal agency, State agency, local agency,

6 federally recognized Indian tribal government or

7 tribal consortium, authority, association, nonprofit

8 or for-profit corporation, or institution of higher

9 education, to carry out the purposes of this sub10 section.

11 ‘‘(4) FEDERAL SHARE.—The Federal share of

12 the cost of an activity carried out using such funds

13 shall be up to 100 percent, and such funds shall re14 main available until expended.

15 ‘‘(5) ADMINISTRATION.—This initiative shall be

16 administered by the Federal Highway Administra17 tion in cooperation with the Federal Transit Admin18 istration.’’.

Æ


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SECTION-BY-SECTION ANALYSIS OF H.R. 3551, 

THE SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT ACT OF 2003 

Section 1: Short Title 

‘‘Surface Transportation Research and Development Act of 2003’’ 

Section 2: Findings 

Finds that Research and Development (R&D) is critical to developing and maintaining an effective transportation system, that federal R&D has produced a number 

of successes, but is underfunded. Finds that federal investment in R&D should be 

properly balanced between short-term applied research and long-term fundamental 

research, and should cover a wide range of research areas including materials and 

structures research, operations research, and human factors and policy research. 

Title I: Surface Transportation Research 

Section 101: Authorization of Appropriations 

Authorizes a total of $4.05 billion for surface transportation research and development in fiscal years 2004 through 2009, a 57 percent increase above R&D funding 

in TEA–21. Funding for fiscal year 2004 is $500 million; for 2005, $570 million; for 

2006, $640 million; for 2007, $710 million; for 2008, $780 million; and for 2009, $850 

million. The bill sets aside funds from the Surface Transportation Research, Development and Deployment authorization for ‘‘Advanced Research, (23 USC 502 (d) ),’’ 

the ‘‘Surface Transportation Environment and Planning Cooperative Research Program,’’ (Section 104 (c) of this Act) and the ‘‘Multimodal Trends Research Program’’ 

(Section 112 of this Act). The bill also sets aside $5 million in funds authorized for 

the Bureau of Transportation Statistics for grants to State and local governments, 

and metropolitan planning organizations to promote the harmonizing of data collection and management (Section 107(k)(2) of this Act). 

Section 102: Goals, Principles and Processes 

Sets out for the first time goals, principles and processes to guide transportation 

research and development. The bill explicitly links the R&D goals to the overall 

goals of the surface transportation system set out in the Transportation Equity Act 

for the 21st Century (TEA–21). It sets forth principles to guide the federal role in 

surface transportation R&D. It also establishes key requirements for stakeholder involvement, competition and peer review, and performance review and evaluation for 

transportation R&D. 

Section 103: Strategic Planning 

Reauthorizes and amends the Department of Transportation’s (DOT) R&D strategic planning requirements. The bill strengthens the planning process by making 

it more strategic (i.e., forward looking) and increasing accountability. Specifically, it 

clarifies that the strategic planning process should encourage planning across all 

modes. It strengthens the contents of the plans by (1) requiring the department to 

link the plan to the goals of TEA–21, and (2) requiring the plan to specify strategic 

goals, the Department’s key research priorities, and the full array of authorized research instead of focusing only on process. The bill also increases accountability by 

(1) soliciting input from a range of interests in the transportation community and 

the National Academy of Sciences (before the plan is issued), and (2) requiring a 

detailed annual report that specifies all the research projects and the funding levels 


3551j6.eps
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of those projects carried out under this title (beyond the requirements of the Government Performance and Results Act). 

Section 104: Surface Transportation Research and Development 

Amends the research and development program carried out by the Federal Highway Administration (FHWA). The bill largely maintains the existing R&D program 

requirements of Section 502 of Title 23, but fills a variety of research gaps. The 

amendments ensure that the research addresses operational elements, performance 

analysis and multimodal assessment. In addition, the bill authorizes new research 

items in the ‘‘contents’’ section, including (1) exploratory advanced research, (2) environmental research (to implement Transportation Research Board (TRB) recommendations), (3) research on demographic, economic and social trends that affect 

and are affected by the transportation system, (4) research on the technical impacts 

and costs imposed in climates facing frequent freeze and thaw cycles, (5) research 

on how to improve methods of collecting information in order to improve the infrastructure investment needs report (under section (g)), and (6) R&D and technology 

transfer related to asset management. In addition, the bill reauthorizes the LongTerm Pavement Performance Program, and authorizes a Long-Term Bridge Performance Program, a Geospatial Information Systems program, and the TurnerFairbanks Highway Research Center, which carries out the bulk of the FHWA’s 

R&D. 

Creates a new Exploratory Advanced Research program (Section 502(d) ) to address recommendations of the TRB and others that FHWA’s R&D program should 

focus on fundamental, long-term research. It requires the FHWA to develop an advanced research agenda in consultation with outside groups, and requires consultation with the National Science Foundation in reviewing advanced research proposals 

and peer review protocols. When funds appropriated for this program exceed $5 million, the bill establishes an open solicitation grant program to the research community to spur innovation. 

Reauthorizes the ‘‘Surface Transportation Environment and Planning Cooperative 

Research Program’’ (STECRP) and creates a collaborative, public-private partnership to implement the recommendations contained in the TRB Special Report 268, 

a report that Congress requested in TEA–21. This section authorizes for the first 

time an implementation framework to ensure that DOT fulfills the requirements 

originally set out in TEA–21. The program is modeled on the Transit Cooperative 

Research Program, which is run collaboratively by American Public Transit Association, the Federal Transit Administration and the TRB. The amendments require the 

Secretary to contract with either the National Academy of Sciences or another nonprofit research organization to administer the program and to fulfill annual reporting requirements. The selected organization must create an independent advisory 

board that would have broad interest group membership and be open to stakeholder 

input, develop the research agenda, periodically modify the strategic plan (originally 

developed in TRB Special Report 268), solicit project proposals through open competition, and conduct peer review of research products. The National Academy of 

Public Administration would conduct a program review. DOT could participate in 

program priorities and funding decisions. 

Section 105: Technology Deployment 

Reauthorizes FHWA’s technology deployment program. Expands the Innovative 

Bridge Research and Construction Program (authorized in TEA–21) to a more comprehensive Innovative Research and Deployment Program covering bridges, pavements and safety research and deployment. The goals of this program include the 

development of new, cost-effective innovative material for surface transportation infrastructure; the deployment and evaluation of safety technologies and innovations; 

the reduction of life-cycle costs of surface transportation infrastructure; and the development and deployment of construction techniques to increase safety and reduce 

construction time and traffic congestion. 

The legislation establishes new requirements for the Secretary to ensure that the 

information and technology resulting from research conducted in this program is 

made available to State and local transportation departments, metropolitan planning organizations and other interested parties. The bill also establishes a new research program to address the non-technical barriers to technology deployment 

(such as fragmented authority at the local and regional level, and rigid procurement 

rules) and generate proposals for how to overcome these barriers. Experts have 

identified non-technical barriers as more significant than technical ones in the deployment of innovative technologies. 

Section 106: Training and Education 

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Increases the number of federal funding sources from which States may draw for 

surface transportation workforce development, training and education. Makes federal funding for these activities available at 100 percent so no match would be required. This should provide States an additional incentive to fund these programs. 

It also allows for the development of new courses at the National Highway Institute 

to better address challenges faced by today’s transportation professionals, and requires the National Highway Institute to review, revise, and cease courses periodically. 

Section 107: Bureau of Transportation Statistics 

Increases the responsiveness of the Bureau of Transportation Statistics (BTS) to 

the needs of the transportation community by (1) clarifying that BTS is to serve decision-makers in the transportation community at large in addition to the Secretary 

of DOT, (2) strengthening the role of the Director of BTS; (3) expanding membership 

of the Director’s Advisory Committee on Statistics to make it more representative 

of the transportation community; (4) requiring a national transportation statistics 

needs assessment to be carried out by the National Academy of Sciences (in consultation with key constituencies and the DOT’s Advisory Committee on Statistics), 

and (5) requiring BTS to create a data strategic plan based on the needs assessment, and to submit an annual report documenting its progress in implementing 

legislative mandates and the strategic plan. The amendments also call on the Director to implement data modernization efforts and encourage the harmonization of 

data collection and management, through demonstration grants to States, local governments, and metropolitan planning organizations. The section also reauthorizes a 

variety of programs in Section 111 of Title 49, including the National Transportation Library. Funding for BTS remains level, through fiscal year 2006, except for 

the additional resources to fund the State and local government demonstration 

grant program. Beginning in fiscal year 2007, funding is increased as BTS begins 

implementing the newly adopted strategic plan. 

Section 108: State Planning and Research 

Sets State Planning and Research (SPR) funding at $1.073 billion. This amount 

is equivalent to a 2c percent set aside of funds authorized to be appropriated to States, if the total six-year transportation funding is $375 billion. This increase recognizes a growing need to ensure adequate funding for planning and research. The 

bill maintains the current requirement for 25 percent of SPR funds to be spent on 

research, and adds a new provision that requires 10 percent of SPR funds be spent 

on improving the quality of transportation data. The section clarifies that studies, 

research and training on engineering standards and construction materials should 

be multimodal, and that research should also focus on design standards for intermodal coordination. 

Section 109. Future Strategic Highway Research Program (F–SHRP) 

Authorizes the Future Strategic Highway Research Program (F–SHRP) to be carried out by the National Academy of Sciences in consultation with the American Association of State Highway Transportation Officials and other stakeholders. The program implements the recommendations of the TRB Special Report 260, a report 

called for by Congress in TEA–21 to develop a research program that cuts across 

disciplines and addresses short- to medium-term R&D gaps. F–SHRP addresses 

R&D gaps in four areas: (1) Renewal, which will focus on R&D to minimize disruptions as we renovate existing highway infrastructure; (2) Safety, which will focus 

on reducing crashes; (3) Reliability, which will focus on R&D to improve the reliability of travel times by reducing the frequency and effects of events that cause 

delay; and (4) Capacity, which will look holistically at the relationship between 

highways, the economy, communities and the environment. The section authorizes 

$75 million per year for fiscal years 2004 through 2009. It also includes requirements that (1) projects be selected through open solicitation, (2) research results are 

peer reviewed, (3) a broad array of stakeholders are involved at all levels of the program, (4) the National Academy of Sciences publish annual progress and performance reports, and (5) the National Academy of Public Administration carry out an 

independent review two years into the program to assess the degree to which the 

program is addressing the research topics identified in Special Report 260. 

Section 110: University Transportation Research 

Authorizes the Secretary to make grants to nonprofit institutions of higher learning to establish and operate 10 regional transportation centers. The Secretary shall 

also make 16 grants to other nonprofit institutions of higher learning to establish 

and operate university transportation centers in addition to the 10 regional centers. 

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The 10 regional centers shall be selected through a competitive, peer-reviewed process and the federal share of the costs of activities is increased from the current level 

of 50 percent to 80 percent. For Fiscal Years 2004, 2005 and 2006, six of the 16 

grants for university transportation centers will be competitively awarded and peerreviewed. For these years, the other 10 grants shall go to the specific universities 

that won the competition among groups in TEA–21 and received funding for Fiscal 

Year 2003. For Fiscal Years 2007, 2008 and 2009, all 16 of the grants for the university transportation centers shall be competitively awarded and peer-reviewed. The 

federal share of the costs for all university transportation centers shall remain 50 

percent. 

Section 111: Intelligent Transportation Systems 

Reauthorizes the Intelligent Transportation Systems (ITS) Research Program. 

Strengthens the program by (1) creating an advisory committee with broad representation from the transportation community, and charging it to advise DOT on 

whether ITS technologies (for which the DOT is proposing to fund research and development) are likely to be deployed, and what the appropriate roles for government 

and the private sector are in investing in specific technologies; (2) requiring an update of the ITS Program Plan in 2005 (with input from the advisory committee) to 

assess how well the ITS program has met the goals set in the 2000 Program Plan, 

identify barriers to reaching these goals, and set goals, plans and funding needs for 

the next five years; (3) requiring the development of an information strategy, with 

input from the Bureau of Transportation Statistics, to both identify how data collected currently from ITS technologies can and should be used for planning and assessment, and to outline a vision for future linkages between ITS technologies, data 

and management; and (4) requiring testing and validation of ITS standards. 

In addition, the bill authorizes the ITS program to focus on technologies to improve transportation security, and authorizes a research program on the non-technical barriers to the deployment of ITS technologies. The bill also requires the National Academy of Science to evaluate the ITS program and assess how well the program has achieved the goals laid out in the 2000 Program Plan. 

Section 112: National Multimodal Trends Research Program 

Creates a new national multimodal research program on demographic, economic 

and social trends that affect and are affected by the transportation system. This program fills an important gap in current research. It requires the Secretary to establish the program through the National Academy of Sciences, and specifies, in general terms, the economic, demographic, social, evaluation and other issues to be addressed by the program. It specifically requires the Academy to create an independent advisory committee drawn from social science experts and key stakeholder 

groups, to develop a strategic plan, and to review and evaluate project proposals. 

At least 75 percent of available funds shall be directed to implementing the strategic 

plan, while up to 25 percent of the funds shall be available to sponsor-directed 

projects. $5 million is set aside for this program in each of fiscal years 2004–2009. 

Title II: Miscellaneous 

Section 201: Authorization of Appropriations 

Authorizes appropriations as follows: $75 million for each of fiscal years 2004– 

2009 for transit R&D; and such sums as necessary for highway safety R&D, and 

motor carrier safety R&D. 

Section 202: Transit Research 

Creates a new Innovative Practices and Technologies Demonstration and Deployment Program that would demonstrate promising new transit practices and technologies, evaluate and document the performance, benefits and costs of innovative 

technologies, and disseminate information to accelerate deployment of innovations. 

The Secretary is authorized to make grants to a variety of public, private and nonprofit entities. The Secretary shall select projects based on whether they meet the 

goals of the program, whether they pass a merit review, and the likelihood that the 

project will result in widespread deployment. The Secretary shall also ensure that 

innovations are made available to transit agencies and State and local transportation departments. The Secretary shall establish the federal share of the grant program. 

Section 203: National Transit Institute 

Maintains the National Transit Institute. 

Section 204: Human Resource Programs 

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Maintains the human resources programs at the Federal Transit Authority. 

Section 205: Highway Safety Research and Development 

Maintains the Highway Safety Research and Development Program and adds new 

provisions addressing emergency medical services, international cooperation, and a 

national motor vehicle crash causation survey. 

Section 206: Motor Carrier Research and Technology Program 

Authorizes a comprehensive Federal Motor Carrier Safety Administration research and technology program. 

Section 207: Transportation Energy and Environment 

Creates an energy and climate change program at DOT to study the relationships 

between transportation, energy, and climate change. 

Section 208: National Cooperative Freight Transportation Research Program 

Authorizes a cooperative freight research program, administered by the National 

Academy of Sciences. 

Section 209: Establishment of a Next Generation National Transportation 

Policy Study Commission 

Establishes a Presidential Commission to investigate and study transportation 

needs, and the resources, requirements and policies necessary to meet expected 

needs. 

Section 210: Real-Time System Management Information Program 

This section encourages the deployment of systems to monitor the status of condition of key surface transportation (highway and transit) facilities. 

Section 211: Planning Capacity Building Initiative 

This section establishes a planning capacity building initiative to strengthen metropolitan and statewide transportation planning, and to enhance Tribal capacity to 

conduct joint transportation planning. 

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XXI: PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3551, SURFACE 

TRANSPORTATION RESEARCH AND DEVELOPMENT ACT OF 2004 

WEDNESDAY, FEBRUARY 4, 2004 

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC. 

The Committee met, pursuant to call, at 10:08 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Sherwood L. 

Boehlert [Chairman of the Committee] presiding. 

Chairman BOEHLERT. Good morning. The Committee on Science 

will be in order. We will begin with a few brief administrative matters involving the Subcommittee assignments. I ask unanimous 

consent to change the ratio of the Subcommittee on Energy from 

ten Republican Members and eight Democrat Members to eleven 

Republican Members and nine Democrats. Without objection, so ordered. 

I ask unanimous consent that the gentleman from Texas, the 

Honorable Ralph Hall, be elected to the Subcommittee on Energy 

and to the Subcommittee on Space and Aeronautics. Without objection, so ordered. 

Let me just say this is—you will notice some adjustments in the 

chairs up here, in the line up. First of all, it is a pleasure for me 

to welcome Mr. Hall to our side of the aisle. We have come to expect wonderful things from Mr. Hall. And one of the things that I 

admire most about him, in addition to his wit, is his good judgment. So Mr. Hall, welcome. 

And I also want to welcome my dear friend and colleague of 

many years, Bart Gordon, to the position as Ranking Member as 

leader of the Democrats. He is not leader of the opposition; he is 

leader of our partners in this effort. And I want to particularly note 

that he has been a most active Member of this committee from the 

beginning, from his first time here in 1985 as a freshman Member. 

He is a thoughtful, deliberative guy. He is a guy who pays attention to the issues and one from whom I will expect great things in 

the future. I would point out that he also has a minor Committee 

assignment. He is a Member of Energy and Commerce, but this is 

where he devotes his—so much time and attention to very productive results. So Mr. Gordon, welcome. Mr. Hall, welcome. We are 

glad to have everyone here. 

And now the Chair is pleased to recognize the Ranking Member 

from Tennessee, Mr. Gordon. 

430 

Mr. GORDON. Mr. Chairman, I should just say amen. I don’t 

think I can beat your kind remarks. Thank you very much. I am 

excited about having the opportunity to serve as the Ranking Member. And I am pleased that our friend, Mr. Hall, is going to stay 

and be the referee. He has set a very good example for us, as you 

said, in working in a bipartisan manner. We want to continue that 

example. 

I think today is fitting that we have a full agenda, and so I want 

to be very brief and—so that we can move forward, but I do want 

to thank you for allowing Congressman Udall and Congressman 

Miller to have two bills today. And I hope that you will help us 

bring these to the Floor as promptly as you have brought them to 

this committee. 

Thank you very much. 

Chairman BOEHLERT. Mr. Hall. 

Mr. HALL. Mr. Chairman, and to the Ranking Member and to the 

other Members, I thank you very much. I am honored to be back 

on the Committee. 

I want to thank Mr. Gordon for his good judgment and for his 

kindness in keeping the team in place that we had set in place. 

They are good people and good folks to work with. I want to thank 

all of them from either side of the docket who have welcomed me 

here. Actually, when I decided—made the decision to switch parties, I didn’t call anyone. I didn’t call the President or anyone. I 

didn’t tell anyone, including my wife, which was a mistake. I announced that I was making the switch and put it on the wire and 

then called and spoke to the Speaker. All I expected from him was 

that my seniority would be honored, and he said it would be. You 

have done that. And to both sides, I am the same guy I was when 

I came over here. I am probably the Speaker’s problem now. So we 

will just have to wait and see how things go, but I am honored to 

be back with a group of men and women that I admire, respect, 

and look forward to working with. 

Thank you, and I yield back my time. 

Chairman BOEHLERT. Thank you so much. 

As those who have observed the deliberations of this committee 

would have testified to, it really doesn’t matter where you sit in 

this committee, because we have some very important work and 

partisanship doesn’t rear its ugly head very often here. On occasion 

it does, and we are all familiar with that. But when all is said and 

done, we work as a team, this Science Committee, and I am very 

proud of that. And so no matter where they are sitting, everybody 

is part of the team, and I thank them for their cooperation and 

support and vision as we look to the future. 

Pursuant to notice, the Committee on Science meets today to consider the following measures: H.R. 3551, the Surface Transportation Research Act of 2004; H.R. 3752, the Commercial Space 

Launch Amendments Act of 2004; H.R. 912, Charles ‘‘Pete’’ Conrad 

Astronomy Awards Act; H.R. 1292, Remote Sensing Applications 

Act of 2003; H.R. 3389, To amend the Stevenson-Wydler Technology 

Innovation Act of 1980 to permit Malcolm Baldrige National Quality Awards to be made to nonprofit organizations; and H.Con.Res. 

189, Celebrating the 50th anniversary of the International Geophysical Year and supporting an International Geophysical Year-2 

431 

in 2007–08. I ask unanimous consent for the authority to recess the 

Subcommittee at any point, and without objection, it is ordered. 

We will now proceed with opening statements. I want to welcome 

everyone here for this important markup. We want to get done by 

11:00 a.m., so we will need to be brief. I am not planning to make 

any statements this morning other than this one, so I will discuss 

each of the bills right now. But first let me say that all of the bills, 

as usual, reflect long hours of bipartisan work on important issues. 

The smooth markup that we expect today is the result of countless 

hours of staff work on both sides of the aisle working out the kinks. 

The first that we will take up is the Transportation Research and 

Development Act offered by Dr. Ehlers and the negotiated amendments to it. The bill ensures that we will be devoting more resources to transportation R&D and that those resources will be better targeted. The bill authorizes an organized R&D effort that will 

focus on questions related to safety, environment, demographics, 

and getting the most out of the infrastructure that is already in 

place. It is an eminently sensible approach, and we will work hard 

to see that it becomes part of the overall highway bill. I know 

many Members have contributed ideas to the bill and to the 

amendments, including, in addition to the ones I have to offer, two 

freshmen Members on our side of the aisle, Mr. Neugebauer and 

Ms. Burgess—Dr. Burgess. I thank them for their contributions. 

The second measure on the roster is Mr. Rohrabacher’s bill to 

amend the Commercial Space Launch Act. I want to thank Chairman Rohrabacher for bringing this important matter to our attention. We need to create a balanced and predictable regulatory regime that can help jump-start a commercial human space flight industry while protecting the public. I think that this bill does just 

that. I know some have concerns about the provision in the bill extending indemnification for just 3 years. I don’t want to have a long 

debate in this now, but the argument for indemnification has always been that we need to help out an infant industry. Well, no 

industry can remain infant forever. Indemnification has already 

been extended many times. Infancy has lasted long enough. In industry’s interest, we need to send the signal now that the insurance regime out to be changing in the future. It certainly would not 

be fair or wise to catch industry off guard. 

The third bill is also offered by Chairman Rohrabacher. It would 

set up awards for amateur astronomers who discover near-Earth 

asteroids. It is one of those ideas that is so obviously good that it 

is amazing that it hasn’t happened already. 

The fourth bill is Mr. Udall’s remote sensing bill. This is also a 

sensible bill that we passed in the last Congress. We ought to be 

doing more to ensure that the remote sensing data we have is actually being used. Mr. Weldon will be offering a helpful amendment 

on that to single out one use of the data: locating forest fires. I support that amendment. 

The fifth bill would expand the Baldrige Quality Awards to include nonprofits. I helped craft the legislation creating the Baldrige 

Award years ago. Little did I appreciate then what a major success 

the award would be. I congratulate Mr. Miller on his bill to expand 

the award. 

432 

The sixth bill by Mr. Udall would call for another International 

Geophysical Year, 50 years after the first one was so successful in 

bringing the world together to conduct pioneering research in Antarctica, research several of us got to see firsthand last year. This 

is another idea that deserves this committee’s support. 

I congratulate all of my colleagues on their hard work on these 

bills, and I look forward to their prompt passage here and on the 

House Floor. 

Let me once again restate the deep appreciation all of us have, 

on both sides, for the outstanding work of the very capable and 

hardworking professional staff. These are people who are here long 

after we have gone home, long after we have checked out of the airport to return to our Districts, working day and night and weekends to provide us with the support we need to do the good work 

we are doing. 

I now recognize Mr. Gordon for five minutes to present his opening remarks. 

[The prepared statement Chairman Boehlert follows:] 

PREPARED STATEMENT OF CHAIRMAN SHERWOOD BOEHLERT

I want to welcome everyone here for this important markup. We want to get done 

by 11 a.m., so we all need to be brief. I’m not planning to make any statements 

this morning other than this one, so I will discuss each of the bills right now. 

But first let me say that all the bills, as usual, reflect long hours of bipartisan 

work on important issues. The smooth markup that we expect today is a result of 

countless hours of staff work on both sides of the aisle working out the kinks. 

The first bill we will take up is the transportation research and development 

(R&D) bill offered by Mr. Ehlers and the negotiated amendments to it. This bill ensures that we will be devoting more resources to transportation R&D and that those 

resources will be better targeted. The bill authorizes an organized R&D effort that 

will focus on questions related to safety, environment, demographics, and getting 

the most out of the infrastructure that is already in place. It’s an eminently sensible 

approach, and we will work hard to see that it becomes part of the overall highway 

bill. 

I know many Members have contributed ideas to the bill and to the amendments, 

including (in addition to me), two freshmen Members on our side of the aisle, Mr. 

Neugebauer and Mr. Burgess. I thank them for their contributions. 

The second measure on the roster is Mr. Rohrabacher’s bill to amend the Commercial Space Launch Act. 

I want to thank Chairman Rohrabacher for bringing this important matter to our 

attention. We need to create a balanced and predictable regulatory regime that can 

help jump-start a commercial human space flight industry while protecting the public. I think this bill does just that. 

I know some have concerns about the provision in the bill extending indemnification for just three years. I don’t want to have a long debate on this now, but the 

argument for indemnification has always been that we need to help out an infant 

industry. Well, no industry can remain an infant forever. Indemnification has already been extended many times. Infancy has lasted long enough. In industry’s interest, we need to send the signal now that the insurance regime ought to be changing in the future. It certainly would not be fair or wise to catch industry off guard. 

The third bill is also offered by Mr. Rohrabacher. It would set up awards for amateur astronomers who discover near-Earth asteroids. It’s one of those ideas that is 

so obviously good that it’s amazing that it isn’t happening already. 

The fourth bill is Mr. Udall’s remote sensing bill. This is also a sensible bill that 

we passed in the last Congress. We ought to be doing more to ensure that the remote sensing data we have is actually being used. Mr. Weldon will be offering a 

helpful amendment on that bill to single out one use of the data—locating forest 

fires. I support that amendment. 

The fifth bill would expand the Baldrige Quality Award to include non-profits. I 

helped craft the legislation creating the Baldrige Award years ago; little did I understand then what a major success the Award would be. I congratulate Mr. Miller on 

his bill to expand the Award. 

433 

The sixth bill, by Mr. Udall, would call for another International Geophysical 

Year, 50 years after the first one was so successful in bringing the world together 

to conduct pioneering research in Antarctica—research several of us got to see firsthand last year. This is another idea that deserves this committee’s support. 

I congratulate all my colleagues on their hard work on these bills, and I look forward to their prompt passage here—and on the House Floor. 

Mr. Gordon. 

Mr. GORDON. Mr. Chairman, I am pleased to report to the Committee that the Democratic Caucus of the Science Committee has 

elected the Honorable Nick Lampson of Texas as the Ranking Democrat on the Subcommittee on Space and Aeronautics. Mr. 

Lampson has been a Member of the Committee and the Subcommittee since his election to Congress in 1996. He represents the 

Johnson—we will try again here. Okay. He represents the Johnson 

Space Center in Houston, and he has been out front in his vision 

for human space flight. Accordingly, I ask unanimous consent that 

the seniority order for the Democratic membership of the Subcommittee on Space and Aeronautics be changed to reflect the action of our Caucus, placing Mr. Lampson first in the Democratic seniority. 

Chairman BOEHLERT. Without objection. 

Mr. GORDON. Mr. Chairman, I ask unanimous consent for another request, and that is I am pleased to report to the Committee 

that the Democratic Caucus of the Science Committee has elected 

the Honorable John Larson of Connecticut as ranking Democrat on 

the Subcommittee on Energy. John has been a Member of the Committee since 1998, also serves as the Ranking Member on the 

House Administration Committee, and was a leader in developing 

many of the R&D provisions of the energy bill. Accordingly, I ask 

unanimous consent that the Honorable John Larson be elected to 

the Subcommittee on Energy and that rank in seniority is first on 

the Democratic membership. 

Chairman BOEHLERT. Without objection. 

Mr. GORDON. Mr. Chairman, respecting your interest in getting 

out by 11:00, I will reserve any remarks on the bills as they come 

forth. 

Chairman BOEHLERT. Thank you very much. Without objection, 

all Members may place opening statements in the records at this 

point—in the record at this point. 

[The prepared statement of Ms. Jackson Lee follows:] 

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Mr. Chairman, 

This is a good bill and I support it, but I have some concerns. As stated in a joint 

report from the Center for Community Change and the Civil Rights Project at Harvard: 

‘‘. . .transportation policies have had inequitable effects on minority and lowincome populations, often restricting their ability to access social and economic 

opportunities, including job opportunities, education, health care services, places 

of worship, and other places such as grocery stores. Transportation policies limit 

access to opportunities through direct effects, such as inequitable costs, and indirect effects, such as residential segregation. The indirect effects are caused, 

in part, by the combined effects of transportation policies and land use practices.’’ 

That is the problem I am addressing with my amendment. In the National 

Multimodal Trends Policy Research and Development Program section of the bill, 

434 

I add some common sense features that will ensure that our future transportation 

programs serve the needs of all the American people. 

One change will enable us to better understand the needs of low-income minority 

and transit-dependent populations in urban and rural areas. Another will ensure 

that we get input from groups with expertise in environmental justice, and from 

community leaders. 

I hope you will support this amendment. 

Chairman BOEHLERT. We will now consider the bill H.R. 3551, 

the Surface Transportation Research Act of 2004. I now recognize 

Mr. Gordon for five minutes to present his opening remarks. 

Mr. GORDON. Mr. Chairman, I understand you are going to be introducing a substitute amendment. And let me say to you that I 

want to thank you and Chairman Ehlers and their staffs for working with us in revising this bill. 

Chairman BOEHLERT. Dr. Ehlers will be doing that. He will have 

the substitute amendment. 

Mr. GORDON. And so I will address my remarks to that. This 

amendment takes a common sense approach to dealing with the 

R&D funding levels. It sets a minimum based R&D funding level 

that represents a modest increase over the fiscal year 2004 funding. And additionally, funding becomes available. R&D will increase to keep pace with the overall transportation funding based 

upon a 1.08-cent index. I think this is a common sense way to deal 

with this problem since we are not sure what that funding level 

will ultimately arrive at, so again, thank you for your cooperation. 

[The prepared statement of Mr. Gordon follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BART GORDON

Chairman Boehlert has outlined the provisions in the amendment, so I will just 

make a few comments. The substitute amendment is a significant improvement over 

the bill as introduced. I want to thank Chairman Boehlert, Chairman Ehlers, and 

their staff for working with us in revising this bill. 

This amendment takes a common sense approach in dealing with R&D funding 

levels. It sets a minimum based R&D funding level that represents a modest increase over FY04 funding. If additional funding becomes available, R&D will increase to keep pace with overall transportation funding based upon a 1.08 percent 

index. This approach takes the Committee out of any debate surrounding how to 

fund increases for overall transportation funding. 

I was the Ranking Member on the Technology Subcommittee during the TEA–21 

authorization. I learned that while research can help us build and maintain our 

transportation system, ‘‘faster, better, cheaper,’’ it can also help us do it smarter. 

We can’t build our way out of the congestion problems that affect almost every community. We need to better understand the interaction between our communities, the 

economy, and our transportation infrastructure. This amendment strengthens and 

funds the Surface Transportation-Environment Cooperative Research Program that 

originated in the Science Committee during the TEA–21 authorization process. This 

amendment also includes provisions to improve the assessment of community needs 

and of our driving population. Our transportation planning must take into account 

our aging population and that in many instances most driving hours are no longer 

due commuting to and from work. 

I also want to thank the Chairman for working with me on training and education 

provisions in the bill and for working with other Members on their particular transportation interests. 

This bill represents a good, bipartisan consensus on transportation R&D and I 

would urge everyone to support this bill. 

Chairman BOEHLERT. I would ask unanimous consent that the 

bill is considered as read and open to amendment at any point and 

that the Members proceed with the amendments in the order of the 

roster. Without objection, so ordered. 

I move that the first reading of the bill be dispensed with. 

435 

The first amendment on the roster is an amendment in the nature of a substitute offered by Dr. Ehlers. I ask unanimous consent 

that the amendment in the nature of a substitute be considered 

original text for purpose of amendment under the five-minute rule. 

Without objection, so ordered. 

I have an amendment at the desk—Dr. Ehlers has—the Chair 

recognizes Dr. Ehlers. 

Mr. EHLERS. Mr. Chairman, I have an amendment at the desk. 

Chairman BOEHLERT. The Clerk shall report the amendment. 

Ms. TESSIERI. Amendment in the nature of a substitute to H.R. 

3551—— 

Chairman BOEHLERT. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

[Amendment offered by Mr. Ehlers is located in the Appendix.] 

Chairman BOEHLERT. The gentlemen from Michigan, Dr. Ehlers, 

is recognized for five minutes to offer his amendment. 

Mr. EHLERS. Thank you, Mr. Chairman. 

We have done an immense amount of work on this, particularly 

the staff. We are determined to have this become a major part of 

the new transportation bill, and the staff has done outstanding 

work on this. 

This amendment does two major things: it reinserts the funding 

provisions which we removed at the Subcommittee level, and it incorporates the suggestions made by other Members of the Committee as well as the Administration, States, and other interest 

groups. The amendment retains all of the major programs and provisions from the bill as introduced. 

Let me explain how this bill is funded. In the last reauthorization, while overall spending on transportation increased dramatically, by about 40 percent, funding for transportation research remained relatively flat. All parties that we worked with throughout 

this process, including the States, agreed that research needs more 

funding. 

However, it is difficult to determine the appropriate level of funding for research without knowing what the final overall funding 

level will be for the larger highway bill. So what we have done is 

to tie research funding to overall transportation spending as a percentage. In this way, as the overall funding grows, so will the research funding. We set this percentage slightly higher than the 

percentage spent on these programs under TEA–21. 

The increase will go to pay for new programs that focus on environment, congestion, and safety. There are also increases for university transportation centers, which will all be competed. More 

specifically, the bill creates the Future Strategic Highway Research 

Program. This program will focus on reducing congestion, renewing 

existing roads and bridges, improving safety, and assessing future 

needs. The bill also establishes a public-private cooperative environmental research program to help us understand the link between the environment and the transportation system. It also creates a new research program to demonstrate promising transit 

technologies and practices to improve efficiency and safety and reduce costs. It also requires all research projects funded by this legislation will be competitively awarded and peer-reviewed. And fiVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00435 Fmt 6601 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
436 

nally, it provides better training and education programs for the 

transportation workforce. 

I urge my colleagues to support my amendment and the En Bloc 

amendment, which will be considered next. This bill will put us in 

a strong position to negotiate with the House Transportation Committee as the process moves forward. 

Let me also comment, Mr. Chairman, on the funding level. It will 

basically be at 1.08 percent of the total transportation bill. I personally recognize this as too low, but I suspect it is the maximum 

we can obtain from the Transportation Committee and the Congress as a whole. But I would also point out that I don’t know of 

any major corporation in this country or, for that matter, throughout the world which would spend such a small portion of its revenues on research. And I think we should keep this in mind in the 

future and because the research saves money. If we develop concrete that lasts longer, we save money. And I could give many 

other examples. So I hope in the future we will be able to increase 

this percentage and actually get more for our money out of the entire transportation bill. 

I yield back the balance of my time. 

[The prepared statement of Mr. Ehlers follows:] 

PREPARED STATEMENT OF REPRESENTATIVE VERNON J. EHLERS

Thank you Mr. Chairman. 

This amendment does two major things: It re-inserts the funding provisions, and 

it incorporates the suggestions made by other Members of the Committee, as well 

as the Administration, States, and other interest groups. The amendment retains 

all the major programs and provisions from the bill as introduced. 

Let me explain how this bill is funded. In the last reauthorization, while overall 

spending on transportation increased dramatically (by about 40 percent), funding for 

transportation research remained relatively flat. All parties that we worked with 

throughout this process, including the States, agreed that research needs more 

funding. 

However, it is difficult to determine the appropriate level of funding for research 

without knowing what the final overall funding level will be for the larger highway 

bill. So, what I have done is to tie research funding to overall transportation spending as a percentage. In this way, as the overall funding grows, so will the research 

funding. I set this percentage slightly higher than the percentage spent on these 

programs under TEA–21. 

The increase will go to pay for new programs that focus on environment, congestion, and safety. There are also increases for university transportation centers, 

which will all be competed. 

More specifically, the bill: 

• Creates the Future Strategic Highway Research Program. This program will 

focus on reducing congestion, renewing existing roads and bridges, improving 

safety, and assessing future needs; 

• Establishes a public-private cooperative environmental research program to 

help us understand the link between the environment and the transportation 

system; 

• Creates a new research program to demonstrate promising transit technologies and practices to improve efficiency and safety, and reduce costs; 

• Requires all research projects funded by this legislation will be competitively 

awarded and peer-reviewed; and 

• Provides better training and education programs for the transportation workforce. 

I urge my colleagues to support my amendment and the En Bloc amendment that 

will be considered next. This bill will put us in a strong position to negotiate with 

the House Transportation Committee as the process moves forward. 

437 

Chairman BOEHLERT. Thank you very much, Dr. Ehlers, for that 

fine explanation. Is there any further discussion? Ms. Johnson? 

Ms. JOHNSON. Thank you, Mr. Chairman. I would like to applaud 

the Committee leadership for bringing the Surface Transportation 

Research and Development Act of 2003 up for markup today. This 

is a very important piece of legislation that deserves our immediate 

and utmost attention. 

Congestion is beginning to cripple our largest cities and primary—the primary engine of our nation’s economic growth. 74 percent of Americans agree that America faces a transportation capacity crisis in 75 large metropolitan areas alone. The cost of congestion is $69.5 billion, including 3.5 billion hours of delay and 5.7 billion gallons of excess fuel consumption. The average annual delay 

for every person in these cities has climbed to 26 hours. While 

these statistics are startling, the average American family does not 

need them recited. They are stuck in the traffic on their way home 

from work, picking up the kids at day care, or running the endless 

errands that seem a part of today’s society, and they lose what precious little time they have together. 

More importantly, our nation’s highways, bridges, transit systems are not as safe as they need to be, and highway death toll 

is unacceptably high, most especially in my state. Over the past 25 

years, 1.2 million have died in our—on our roads. Last year, 42,815 

people died and 2.9 million more were injured on our highways. 

Highway fatalities remain the leading cause of death of our youth, 

ages 4 to 33. In addition to the personal tragedy of each of these 

deaths and many of the injuries, the economic cost of these accidents is more than $230 billion per year. 

Finally, the Committee’s proposal will provide the ailing American economy a needed economic stimulus package. The Federal 

Highway Administration reports that every $1 billion of federal 

funds invested in highway infrastructure creates 47,500 jobs and 

$6.2 billion in economic activity. When enacted, the Committee’s 

introduced bill will create and sustain up to 3.6 million familywage construction jobs, including 1.7 million new jobs. This bill 

would not put people back—would put people back to work, and 

this is just what the American economy needs. Moreover, a recent 

study found that the Committee’s bipartisan proposal to invest 

$375 billion in surface transportation over the next 6 years would 

add $290 billion more to the Nation’s gross domestic product than 

the Administration’s proposal to invest only $247 billion. 

The Committee’s proposal would also lead to an additional $129 

billion of household disposable income and an additional $98 billion 

in consumer spending. Millions of new, good paying jobs, billions of 

jobs—dollars of new consumer spending, now that is the way to get 

the economy growing. 

I applaud Representative Ehlers for introducing this bill today, 

and I hope to continue to work together with the Members of this 

committee on the journey to writing the legacy of our surface transportation future. Thank you. 

[Prepared statement of Ms. Johnson follows:] 

438 

PREPARED STATEMENT OF REPRESENTATIVE EDDIE BERNICE JOHNSON

Thank you, Mr. Chairman. I would like to applaud the Committee leadership for 

bringing the Surface Transportation Research and Development Act of 2004 (H.R. 

3551) up for markup today. This is a very important piece of legislation that deserves our immediate and utmost attention. 

Congestion is beginning to cripple our largest cities, the primary engines of our 

nation’s economic growth. Seventy-four percent of Americans agreed that America 

faces a transportation capacity crisis. In 75 large metropolitan areas alone, the cost of congestion is $69.5 billion—including 3.5 billion hours of delay and 5.7 billion gallons of excess fuel consumption. The average annual delay for every person in these 

cities has climbed to 26 hours. While these statistics are startling, the average 

American family does not need them recited—they are stuck in traffic on their way 

home from work, picking up the kids at day care, or running the endless errands 

that seem a part of today’s society, and they lose what precious little time they have 

together. 

More importantly, our nation’s highways, bridges, and transit systems are not as 

safe as they need to be and the highway death toll is unacceptably high. Over the 

past 25 years, 1.2 million have died on our roads. Last year, 42,815 people died and 

2.9 million more were injured on our highways. Highway fatalities remain the leading cause of death of our youth (people ages 4 to 33). In addition to the personal 

tragedy of each of these deaths and many of the injuries, the economic cost of these 

accidents is more than $230 billion per year. 

Finally, the Committee’s proposal will provide the ailing American economy a 

needed economic stimulus package. The Federal Highway Administration reports 

that every $1 billion of federal funds invested in highway infrastructure creates 

47,500 jobs and $6.2 billion in economic activity. When enacted, the Committee’s introduced bill will create and sustain up to 3.6 million family-wage construction jobs, 

including 1.7 million new jobs. This bill would put people back to work, and this 

is just what the American economy needs. 

Moreover, a recent study found that the Committee’s bipartisan proposal to invest 

$375 billion in surface transportation over the next six years would add $290 billion 

more to the Nation’s Gross Domestic Product than the Administration’s proposal to 

invest only $247 billion. The Committee’s proposal would also lead to an additional 

$129 billion of household disposable income and an additional $98 billion in consumer spending—millions of new, good-paying jobs, billions of dollars of new consumer spending: now that’s the way to get the economy growing again! 

I applaud Representative Ehlers for introducing this bill today. I hope to continue 

to work together with the Members of this committee on the journey of writing the 

legacy of our surface transportation future. 

Chairman BOEHLERT. Thank you very much. 

And for the benefit of our guests at this markup, I want everyone 

to know that even though we are dealing with a Science Committee 

amendment pertaining to a transportation bill, we are not railroading anything through. We are going to act with dispatch today 

because of a very busy schedule, but only after detailed consultation on both sides we have worked these things out together, which 

is the habit of this committee, and we are acting with the good advice of our parliamentarians, so we are going to follow parliamentarian procedure. We are going to try to act with dispatch, because 

everyone has 14 other commitments, and at 11 o’clock, we have to 

be completed, because the President of Spain will be our guest addressing a joint meeting of the Congress. 

Is there anyone else who seeks recognition? Ms. Jackson Lee. 

Ms. JACKSON LEE. Thank you very much, Mr. Chairman. 

In that spirit, I just want to thank the Committee for accepting 

my amendment En Bloc in the surface transportation legislation, 

specifically dealing with the question of ensuring the input of minority communities where sometimes transportation has an inequitable effect on those communities, often restricting their ability to 

access social economic opportunities, including job opportunities, 

education, health services, places of worship, and other places such 

439 

as grocery stores. My amendment will address some of these issues 

by common sense features that will ensure that they will have a 

better opportunity to have input but also that we would have a better opportunity to understand the needs of low-income, minority, 

and transit-dependent populations in urban and rural areas. 

And with that, I thank the Committee, and I add my support to 

the legislation and yield back my time. 

[The prepared statement of Ms. Jackson Lee follows:] 

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Mr. Chairman, 

I rise in support of the Transportation Research and Development Act. I commend 

you and my colleague from Michigan, Congressman Ehlers for his leadership on this 

important issue. Transportation is one of those bread and butter issues that makes 

such a huge difference in the lives of our constituents. And we spend a lot of money 

on it. Providing for research and development to make smart transportation systems, is a smart investment. 

The budget the President unveiled on Monday definitely confused the issue of how 

to provide for the transportation needs of this nation. I believe he is advocating 

under-investment in our critical transportation infrastructure, but obviously, that is 

a debate for another day. But that budget did throw a bit of a wrench in the 

progress of the Transportation Bill that the House is working on, and that confused 

the numbers in the bill before us today. Therefore, I am glad we have worked together in a bipartisan fashion to re-tune the authorizing levels in this bill and set 

some good minimums. Now, no matter what happens in other committees, programs 

we determine are valuable, will have a better chance of getting the funding they 

deserve. 

One part of this bill that I am particularly pleased to see is the Garrett Morgan 

Technology and Transportation Education Program, that is folded into the en bloc 

amendment, and is the product of good work by my colleague from Texas, Congressman Neugebauer. This Program was initiated by Sec. Rodney Slater in May 1997 

in response to the call to action by President Clinton at his Summit for America’s 

Future. This education program was intended to help ensure that America’s least 

advantaged students would have increased opportunities through exposure to mentors in a wide variety of fields. 

Today, the program’s goals are to ‘‘build a bridge between America’s youth and 

the transportation community.’’ The components of the program are: 1) Math, 

Science and Technology Literacy Challenge for K–12; 2) Community College Partnership; 3) Undergraduate and Graduate Opportunities; and 4) Life-long Learning. 

Mr. Neugebauer is to be congratulated for authorizing this program and for now 

requiring the program to place a special emphasis on providing opportunities for 

women and minorities. 

Garrett Morgan was an African American inventor who lived in Cleveland, OH. 

One of his most notable inventions was the traffic signal. Although technology has 

modernized the traffic signal since he first invented it, we are still using the same 

simple, but elegant solution to managing traffic flows. 

This program has never had funding of its own—it has leveraged funds of other federal and State programs. Rep. Neugebauer’s amendment provides $500,000 of 

new funding to expand the worthy activities of this program. This has been an excellent program since it was created by President Clinton, and now will become even 

more effective at improving diversity in our transportation industry. 

I support the amendment and support the underlying bill. 

Chairman BOEHLERT. Thank you for your valuable contribution. 

Dr. Gingrey. 

Dr. GINGREY. Thank you, Mr. Chairman. 

Just a real brief inquiry. In regard to the inquiries from ’03, if, 

on the scenario of $300 billion, which is actually less than what the 

Senate and the House are now proposing for the transportation 

bill, that would be a 17 percent increase in the amount of spending 

on research and development from 2003 to 2004. Now what happens in the out years if we—in this—in the 3551 if we go to this 

and the transportation bill ends up being about $300 billion then 

440 

we are spending $540 million on R&D? That is a 17 percent increase. What happens then to the—in the out years? How much increase do we get on top of that? 

Chairman BOEHLERT. Susannah. 

Ms. FOSTER. Sure. In the out years, you would see—under our 

scenario, you would most likely see flat-funding at that level, at 

that 540 level if you saw a $300 billion bill. It is linked to the 

amounts in the Highway Trust Fund. So if the final bill ramps up, 

our research funding would also ramp up. But if the final bill 

stayed flat, our bill would also have flat funding. 

Dr. GINGREY. Right, so that if it remained flat over a six-year period of time, then basically you are talking about a three-percent 

increase a year over the life of the reauthorization? 

Ms. FOSTER. Yes. 

Dr. GINGREY. Three percent. Thank you. 

Chairman BOEHLERT. Ms. Lofgren. 

Ms. LOFGREN. Mr. Chairman, I, just very briefly, wanted to 

thank Chairman Ehlers and—for accepting my amendment relative 

to the establishment of research centers for safety. I serve on the 

Homeland Security Committee, and I think the willingness to accept that amendment is a very important one, and I appreciate it 

and wanted to offer my thanks and my support for the bill. 

Chairman BOEHLERT. Thanks for that observation, and thanks 

for that input. Very valuable. Anything further? 

Let us proceed. The next amendment on the roster, and we are 

told that we have to proceed this way by the parliamentarian, is 

amendment number two, an En Bloc amendment offered by Dr. 

Ehlers to his amendment in the nature of a substitute. Dr. Ehlers, 

are you ready to proceed? 

Mr. EHLERS. Yes. I have an amendment at the desk. 

Chairman BOEHLERT. The Clerk will report the amendment. 

Ms. TESSIERI. En Bloc amendment offered by Mr. Ehlers to the 

amendment in the nature of a substitute. 

[En Bloc amendment offered by Dr. Ehlers appears in the Appendix.] 

Chairman BOEHLERT. The gentleman is now recognized for five 

minutes to explain his amendment. 

Mr. EHLERS. Thank you, Mr. Chairman. And I will use far less 

than five minutes. I will be brief. 

I am pleased to offered this En Bloc amendment, which has been 

worked out with both the majority and minority Members and includes amendments by Mr. Burgess to create a road weather research program, Mr. Neugebauer to create a math science education program, Ms. Biggert to clarify that all federally funded laboratories are eligible to participate in the R&D programs, Ms. Jackson Lee to ensure that low-income and minority citizens are included as a category in policy research, and Ms. Johnson to develop 

innovative technologies to improve public input into planning. 

I am willing to yield my time to any of these Members if they 

wish to make a brief statement, although most of them have already spoken. 

[The prepared statement of Mr. Ehlers follows:] 

441 

PREPARED STATEMENT OF REPRESENTATIVE VERNON J. EHLERS

Thank you Mr. Chairman. 

I will be brief. I am pleased to offer this En Bloc amendment which has been 

worked out with the majority and minority Members and includes amendments by 

Mr. Burgess to create a road weather research program, Mr. Neugebauer to create 

a math science education program, Ms. Biggert to clarify that all federally funded 

laboratories are eligible to participate in the R&D programs, Ms. Jackson Lee to ensure that low-income and minorities citizens are included as a category in policy research, and Ms. Johnson to develop innovative technologies to improve public input 

into planning. 

I yield my time to any of these Members if they wish to make a brief statement. 

Chairman BOEHLERT. Thank you very much. If there is—— 

Mr. EHLERS. Mr. Burgess. I am pleased to yield two minutes to 

Mr. Burgess. 

Mr. BURGESS. Thank you, Dr. Ehlers. 

My amendment will simply create a federal road weather research program within the Department of Transportation. The concept for this program came from a report by the National Research 

Council, which was sponsored by the Federal Highway Administration. This program would bring together the weather and transportation research communities to maximize the use of available 

weather information and technologies, and especially to improve 

safety and efficiency. The amendment calls for the program to be 

funded at $5 million each year, which would come from the existing 

major research account for highway research. 

I want to thank my Subcommittee Chairman, Dr. Ehlers, and 

Chairman Boehlert for supporting my amendment. 

And just before I yield back my time, I just have to say how good 

it is to see Mr. Hall on our side of the bench. I will yield back. 

Chairman BOEHLERT. Let me tell you, Mr. Burgess, it is good to 

see Mr. Hall any place. 

Is there anything further? 

Mr. EHLERS. Reclaiming my time, I now yield two minutes to Mr. 

Neugebauer. 

Mr. NEUGEBAUER. Thank you, Mr. Chairman, and thank you, 

Mr. Ehlers, for working with me on this important amendment. My 

amendment authorizes the Garret Morgan Technology and Transportation Education Program. While that title is very long, the concept is simple. This program will help improve the preparation of 

students, particularly females and minorities, in science, technology, engineering, and mathematics throughout their curriculum 

development and other activities related to transportation. 

And Mr. Chairman, I yield back the balance of my time. 

Chairman BOEHLERT. Dr. Ehlers. 

Mr. EHLERS. Reclaiming my time, I yield two minutes to Ms. 

Johnson. 

Ms. JOHNSON. Thank you very much, Mr. Chairman. 

I am very grateful to the Committee leadership for agreeing to 

include my amendment in the Surface Transportation Act, and I 

have always been a proponent of including public opinion in our 

governing process. And I believe this amendment is an effective 

tool to accomplish that. 

Government agencies and planning organizations spend a great 

deal of time and money on obtaining public input into transportation planning and policies yet meaningful public input has provVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00441 Fmt 6601 Sfmt 6601 E:\HR\OC\HR662P1.XXX HR662P1
442 

en difficult to obtain. Forums for public discussion tend to draw 

sparse attendance and are often dominated by vocal and unrepresentative minorities. Conventional surveys, by contrast, measure 

the opinions of the whole public, but those opinions typically rest 

on little prior thought or information. The combination of representative, yet informed, opinions remain elusive. 

Recognition of these problems has led to the widespread calls, 

from the Bush Administration and elsewhere, for innovation. 

Among the priority areas for research funding designated by the 

Administration’s Surface Transportation Reauthorization proposal 

(SAFETEA) is the development of ‘‘improved methods for community involvement, collaborative planning, and conflict resolution.’’ 

Deliberative Polling is such a method. It provides public input 

that is both informed and representative. Thus the Center for Deliberative Democracy at Stanford University and the career—the 

Center for Transportation Research at the University of Texas at 

Austin propose conducting Deliberative Polls on transportation 

issues at the national, State, and local levels. 

A Deliberative Poll begins by drawing and interviewing a random sample of the public then inviting them to a common site to 

discuss the issues. And I would like to ask unanimous consent to 

file the rest of that statement. And I would also like to take—— 

Chairman BOEHLERT. Without objection. 

[The prepared statement of Ms. Johnson follows:] 

PREPARED STATEMENT OF REPRESENTATIVE EDDIE BERNICE JOHNSON

Thank you, Mr. Chairman. I am very grateful to the Committee leadership for 

agreeing to include my amendment in the Surface Transportation Act. I have always been a proponent of including public opinion in our governing processes and 

I believe this amendment is an effective tool to accomplish that. 

Government agencies and planning organizations spend a great deal of time and 

money on obtaining public input into transportation planning and policies. Yet 

meaningful public input has proven difficult to obtain. Forums for public discussion 

tend to draw sparse attendance and are often dominated by vocal, unrepresentative 

minorities. Conventional surveys, by contrast, measure the opinions of the whole 

public, but those opinions typically rest on little prior thought or information. The 

combination of representative yet informed opinion remains elusive. 

Recognition of these problems has led to widespread calls, from the Bush Administration and elsewhere, for innovation. Among the priority areas for research funding designated by the Administration’s Surface Transportation Reauthorization proposal (SAFETEA) is the development of ‘‘improved methods for community involvement, collaborative planning, and conflict resolution.’’ 

Deliberative Polling is such a method. It provides public input that is both informed and representative. Thus the Center for Deliberative Democracy at Stanford 

University and the Center for Transportation Research at the University of Texas 

at Austin propose conducting Deliberative Polls on transportation issues at the national, State, and local levels. 

A Deliberative Poll begins by drawing and interviewing a random sample of the 

public, then inviting them to a common site to discuss the issues, usually over a 

weekend. The participants are sent carefully balanced briefing materials laying out 

the major arguments for and against a set of policy proposals. Then, during the 

weekend, they alternate between discussing the issues in randomly assigned small 

groups led by trained moderators and questioning panels of competing experts or 

policy-makers in plenary sessions. The 20-plus Deliberative Polls to date have covered such topics as crime policy, America’s role in the world, the future of the American family, the state of the American economy, and the best ways of meeting future 

energy needs. 

In the realm of transportation policy, Deliberative Polling could be applied to the 

question of how to fund future public spending on highways and public transit. Particularly at the federal level, funding has come predominantly from taxes on gasoVerDate Aug 04 2004 03:40 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00442 Fmt 6601 Sfmt 6621 E:\HR\OC\HR662P1.XXX HR662P1
443 

line and other motor fuels, but the move toward fuel-saving technologies like hybrid 

engines, along with other factors, may diminish the adequacy of this revenue source. 

The method could also be brought to bear on such other transportation issues as 

streamlining the environmental clearance process, improving highway safety, providing support for the development of alternative fuels, the appropriate level and 

composition of government spending on surface transportation, land use planning to 

moderate the growth of roadway traffic, commercial truck standards, variable toll 

pricing programs, high occupancy toll lanes, intermodal freight transportation facilities, and public private collaboration on transportation infrastructure. The focus 

could also include proposals for specific projects, for instance of building a given 

light rail system or of building or improving a given road. 

There are two Centers with dedicated personnel that afford a unique combination 

of expertise. Deliberative Polling was developed by Professor James Fishkin, then 

at the University of Texas, now heading the Center for Deliberative Democracy at 

Stanford University, in collaboration with Professor Robert Luskin, then and now 

at the University of Texas. The Center for Transportation Research, closely linked 

to the University of Texas’s highly ranked department of Civil Engineering and 

staffed by economists and planners, as well as engineers, is an eminent center for 

transportation research. 

Again, thank you Mr. Chairman for including my amendment, and I yield back 

my time. 

Ms. JOHNSON.—this opportunity to applaud Representative 

Neugebauer for introducing this very important amendment that 

he offered. The amendment authorized the Garrett A. Morgan 

Technology and Transportation Education Program, a program initially established by Secretary Rodney Slater in 1997. 

As this is African American History month, it is very appropriate 

that we recognize Garrett Morgan, an African-American businessman and inventor whose curiosity and innovation led to the development of many useful and helpful products. A practical man of 

humble beginnings, Morgan devoted his life to creating things that 

made the lives of other people safer and more efficient. So this program is a continuation of that legacy. 

Thank you very much. 

[The prepared statement of Ms. Johnson follows:] 

PREPARED STATEMENT OF REPRESENTATIVE EDDIE BERNICE JOHNSON

Mr. Chairman, I would like to take this opportunity to applaud Representative 

Neugebauer for introducing this very important amendment. The amendment authorizes the Garrett A. Morgan Technology and Transportation Education Program, 

a program initially established by Secretary Rodney Slater in 1997. 

As this is African American History month, it is very appropriate that we recognize Garret Morgan, an African-American businessman and inventor whose curiosity and innovation led to the development of many useful and helpful products. 

A practical man of humble beginnings, Morgan devoted his life to creating things 

that made the lives of other people safer and more convenient. 

This program is a continuation of his legacy. While much of the seasoned transportation work force is retiring, the demand for both traditional and new skills is 

expanding. The Nation’s need for technologically literate transportation workers 

continues to grow. The Garrett A. Morgan Technology and Transportation Futures 

Program bridges this divide by working towards these three goals: 

• To build a bridge between America’s youth and the transportation community; 

• To support the development of improved educational technology that provides 

better ways for people to acquire new skills; and 

• To ensure that America’s transportation work force for the 21st century is 

technologically literate and internationally competitive. 

Unfortunately, the Program exists on too few funds. However, this amendment 

sets the authorization level at $500,000 in FY05 and such sums for the duration 

of the bill. 

I would also like to personally thank Representative Neugebauer for maintaining 

language in his amendment that directs the Program to emphasize participation of 

444 

women and minorities, who have been significantly under-represented in the past. 

For these reasons, I support this amendment and as that my colleagues do the 

same. 

Chairman BOEHLERT. Thank you. Dr. Ehlers. 

Mr. EHLERS. Reclaiming my time. I do not see anyone else—— 

Chairman BOEHLERT. Ms. Jackson Lee—— 

Mr. EHLERS. I am sorry. 

Chairman BOEHLERT.—wants a brief intervention. 

Mr. EHLERS. I am pleased to yield two minutes to Ms. Jackson 

Lee. 

Ms. JACKSON LEE. Dr. Ehlers, thank you very much. 

Our Committee has spent its time, through several Chairpersons, 

including you, Mr. Chairperson and Dr. Ehlers, opening up opportunities to minorities and others. And I want to associate myself 

with the support of Mr. Neugebauer’s amendment dealing with 

Garrett A. Morgan Technology and Transportation Education Program and finding the monies in this very tight budget era that we 

are in and particularly applaud the fact that we are joining in a 

bipartisan way to support Secretary Rodney Slater’s initiative, 

along with the Clinton Administration, to ensure that this program 

goes forward. So I know that our young people will benefit from a 

program of this great excellence, and I yield back. Thank you. 

Chairman BOEHLERT. Thank you. If there is no further discussion, the vote occurs on the amendment. All in favor, say aye. 

Those opposed, say no. The ayes have it, and the amendment is 

agreed to. 

Are there any further amendments? Hearing none, the question 

is on the amendment in the nature of a substitute as amended. All 

in favor, say aye. Opposed, no. The ayes have it. And the amendment in the nature of a substitute, as amended, is agreed to. 

The question is now on the bill H.R. 3551, the Surface Transportation Research Act, as amended. All of those in favor, say aye. Opposed, no. In the opinion of the Chair, the ayes have it. 

I will now recognize Mr. Gordon for a motion. 

Mr. GORDON. Mr. Chairman, I move the Committee favorably report H.R. 3551, as amended, to the House with the recommendation that the bill, as amended, do pass. Furthermore, I move that 

the staff be instructed to prepare the legislative report and make 

necessary technical and conforming changes, that the Chairman 

take all necessary steps to bring the bill before the House for consideration. 

Chairman BOEHLERT. The question is on the motion to report the 

bill favorably. Those in favor will say aye. Opposed, no. The 

Clerk—the ayes appear to have it, and the resolution is favorably 

reported. 

Without objection, the motion to reconsider is laid on the table. 

I move that Members have two subsequent calendar days in which 

to submit supplemental, minority, or additional views on the measure. I move pursuant to Clause 1 of Rule 22 of the Rules of the 

House of Representatives that the Committee authorize the Chairman to offer such motions as may be necessary in the House to 

adopt and pass H.R. 3551, as amended, and to go to conference 

with the Senate on H.R. 3551, or a similar Senate bill. Without objection, so ordered. 

445 

This concludes our committee markup, and I thank my colleagues for their enthusiastic participation. We are now adjourned. 

[Whereupon, at 1:33 p.m., the Committee was adjourned.] 

(447) 

Appendix: 

AMENDMENT ROSTER, AMENDMENTS

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