I 

108TH CONGRESS 

1ST SESSION H. R. 3577

To authorize appropriations to the Department of Transportation for surface 

transportation research and development, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. EHLERS introduced the following bill; which was referred to the 

Committee on Science 

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. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows:

Sec. 1. 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. Future Strategic Highway Research Program. 
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Sec. 107. University Transportation Centers. 

Sec. 108. Intelligent Transportation systems. 

Sec. 109. National Multimodal Trends Research Program. 

TITLE II—MISCELLANEOUS 

Sec. 201. Authorization of appropriations. 

Sec. 202. Transit research. 

Sec. 203. Transportation, energy, and environment. 

Sec. 204. National Cooperative Freight Transportation Research Program.

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 

12 the lifespan of pavements, saving money and reduc13 ing the disruption caused by construction; and Geo14 graphic Information Systems have improved the 

15 management and efficiency of transit fleets. 

16 (3) Despite these important successes, the Fed17 eral surface transportation research and develop18 ment investment represents only about 0.5 percent 

19 of overall government spending on surface transpor20 tation. 
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1 (4) While Congress increased funding for over2 all transportation programs by about 40 percent in 

3 the Transportation Equity Act for the 21st Century, 

4 funding for transportation research and development 

5 remained relatively flat. 

6 (5) The Federal investment in research and de7 velopment should be balanced between short-term 

8 applied and long-term fundamental research and de9 velopment. The investment should also cover a wide 

10 range of research areas, including research on mate11 rials and construction, research on operations, re12 search on transportation trends and human factors, 

13 and research addressing the institutional barriers to 

14 deployment of new technologies. 

15 (6) Therefore, Congress finds that it is in the 

16 United States interest to increase the Federal in17 vestment in transportation research and develop18 ment, and to conduct research in critical research 

19 gaps, in order to ensure that the transportation sys20 tem meets the goals of safety, mobility, economic vi21 tality, efficiency, equity, and environmental protec22 tion. 
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1 TITLE I—SURFACE 

2 TRANSPORTATION RESEARCH 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—

5 (1) SURFACE TRANSPORTATION RESEARCH, DE6 VELOPMENT, AND DEPLOYMENT.—To carry out sec7 tions 502, 503, 506, 507, and 509 of title 23, 

8 United States Code, and section 109 of this Act, re9 lating to research and development, there are au10 thorized to be appropriated to the Secretary of 

11 Transportation the following: 

12 (A) $228,000,000 for fiscal year 2004, of 

13 which—

14 (i) $15,000,000 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) $7,000,000 shall be set aside to 

20 carry out advanced exploratory research 

21 under section 502(d) of title 23, United 

22 States Code; and 

23 (iii) $5,000,000 shall be set aside to 

24 carry out the National Multimodal Trends 
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1 Research Progam under section 109 of this 

2 Act. 

3 (B) $272,000,000 for fiscal year 2005, of 

4 which—

5 (i) $15,000,000 shall be set aside to 

6 carry out the Surface Transportation Envi7 ronment and Planning Cooperative Re8 search Program under section 507 of title 

9 23, United States Code; 

10 (ii) $10,000,000 shall be set aside to 

11 carry out research under section 502(d) of 

12 title 23, United States Code; and 

13 (iii) $5,000,000 shall be set aside to 

14 carry out research under section 109 of 

15 this Act. 

16 (C) $316,000,000 for fiscal year 2006, of 

17 which—

18 (i) $20,000,000 shall be set aside to 

19 carry out the Surface Transportation Envi20 ronment and Planning Cooperative Re21 search Program under section 507 of title 

22 23, United States Code; 

23 (ii) $15,000,000 shall be set aside to 

24 carry out research under section 502(d) of 

25 title 23, United States Code; and 
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1 (iii) $5,000,000 shall be set aside to 

2 carry out research under section 109 of 

3 this Act. 

4 (D) $367,000,000 for fiscal year 2007, of 

5 which—

6 (i) $20,000,000 shall be set aside to 

7 carry out the Surface Transportation Envi8 ronment and Planning Cooperative Re9 search Program under section 507 of title 

10 23, United States Code; 

11 (ii) $15,000,000 shall be set aside to 

12 carry out research under section 502(d) of 

13 title 23, United States Code; and 

14 (iii) $5,000,000 shall be set aside to 

15 carry out research under section 109 of 

16 this Act. 

17 (E) $423,000,000 for fiscal year 2008, of 

18 which—

19 (i) $30,000,000 shall be set aside to 

20 carry out the Surface Transportation Envi21 ronment and Planning Cooperative Re22 search Program under section 507 of title 

23 23, United States Code;
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1 (ii) $15,000,000 shall be set aside to 

2 carry out research under section 502(d) of 

3 title 23, United States Code; and 

4 (iii) $5,000,000 shall be set aside to 

5 carry out research under section 109 of 

6 this Act. 

7 (F) $490,000,000 for fiscal year 2009, of 

8 which—

9 (i) $30,000,000 shall be set aside to 

10 carry out the Surface Transportation Envi11 ronment and Planning Cooperative Re12 search Program under section 507 of title 

13 23, United States Code; 

14 (ii) $15,000,000 shall be set aside to 

15 carry out research under section 502(d) of 

16 title 23, United States Code; and 

17 (iii) $5,000,000 shall be set aside to 

18 carry out research under section 109 of 

19 this Act. 

20 (2) UNIVERSITY TRANSPORTATION RE21 SEARCH.—For carrying out section 5505 of title 49, 

22 United States Code, there are authorized to be ap23 propriated to the Secretary of Transportation the 

24 following: 

25 (A) $56,000,000 for fiscal year 2004. 
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1 (B) $66,000,000 for fiscal year 2005. 

2 (C) $76,000,000 for fiscal year 2006. 

3 (D) $90,000,000 for fiscal year 2007. 

4 (E) $90,000,000 for fiscal year 2008. 

5 (F) $90,000,000 for fiscal year 2009. 

6 (3) INTELLIGENT TRANSPORTATION SYSTEMS

7 RESEARCH.—For carrying out the Intelligent Trans8 portation Systems Act of 2003, there are authorized 

9 to be appropriated to the Secretary of Transpor10 tation the following: 

11 (A) $130,000,000 for fiscal year 2004. 

12 (B) $135,000,000 for fiscal year 2005. 

13 (C) $140,000,000 for fiscal year 2006. 

14 (D) $140,000,000 for fiscal year 2007. 

15 (E) $145,000,000 for fiscal year 2008. 

16 (F) $145,000,000 for fiscal year 2009. 

17 (b) COLLABORATIVE RESEARCH AND DEVELOP18 MENT.—Section 502(b) of title 23, United States Code, 

19 is amended—

20 (1) by striking paragraph (3); and 

21 (2) by redesignating paragraphs (4) and (5) as 

22 paragraphs (3) and (4), respectively. 

23 SEC. 102. GOALS, PRINCIPLES, AND PROCESSES. 

24 (a) GOALS.—The Federal Government shall support 

25 surface transportation research in order to support the 
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1 goals established for the surface transportation system as 

2 set forth in the Transportation Equity Act for the 21st 

3 Century, including supporting economic vitality, improving 

4 safety and security, increasing mobility, protecting and en5 hancing the environment, improving integration between 

6 modes of transportation, promoting efficiency, and empha7 sizing the preservation of the existing transportation sys8 tem. 

9 (b) BASIC PRINCIPLES GOVERNING RESEARCH AND

10 DEVELOPMENT.—

11 (1) FEDERAL RESPONSIBILITY.—Funding and 

12 conducting surface transportation research and de13 velopment and technology transfer activities shall be 

14 the responsibility of the Federal Government when—

15 (A) the work is of national significance; 

16 (B) it supports research in which there is 

17 a clear public benefit, and private sector invest18 ment is less than optimal due to market failure; 

19 (C) it supports critical research that is not 

20 otherwise being conducted by the public or pri21 vate sector; 

22 (D) it supports a Federal stewardship role 

23 in ensuring that State and local governments 

24 use national resources efficiently; or 
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1 (E) it presents the best means to support 

2 Federal policy goals compared to other policy 

3 alternatives. 

4 (2) ROLE.—Consistent with these Federal re5 sponsibilities, the Secretary of Transportation 

6 shall—

7 (A) conduct research; 

8 (B) support and facilitate research and de9 velopment and technology transfer activities by 

10 State highway agencies, metropolitan planning 

11 organizations, and local governments; 

12 (C) share results of completed research; 

13 and 

14 (D) support and facilitate technology and 

15 innovation deployment. 

16 (3) PROGRAM CONTENT.—The surface trans17 portation research and development program shall 

18 include—

19 (A) fundamental, long-term research; 

20 (B) research aimed at significant research 

21 gaps, and emerging issues with national impli22 cations; and 

23 (C) research related to policy and plan24 ning. 

25 (c) PROCESSES.—
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1 (1) STAKEHOLDER INPUT.—Federally spon2 sored surface transportation research and develop3 ment activities shall address the needs of partners 

4 and stakeholders. Stakeholders include users of re5 search (such as States, metropolitan planning orga6 nizations, local governments, and the private sector), 

7 researchers, research sponsors, and other affected 

8 parties, including public interest groups. Stake9 holders shall be included at every level of research 

10 including strategic planning, agenda setting, and 

11 program evaluation. The Secretary shall expand the 

12 range and diversity of stakeholders engaged in the 

13 process. 

14 (2) COMPETITION AND PEER REVIEW.—All par15 ties entering into contracts or cooperative agree16 ments with the Secretary, or receiving grants, to 

17 perform research and development activities or pro18 vide technical assistance under this Act shall be se19 lected on a competitive basis, and on the basis of the 

20 results of peer review of proposals submitted to the 

21 Secretary. 

22 (3) PERFORMANCE REVIEW AND EVALUA23 TION.—All surface transportation research and de24 velopment projects shall include a component of per25 formance measurement and evaluation. Performance 
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1 measures shall be established during the proposal 

2 stage of a research project and shall, to the max3 imum extent possible, be outcome-based. All evalua4 tions shall be made readily available to the public. 

5 The results of all surface transportation research 

6 and development funded under this Act shall be peer 

7 reviewed. 

8 SEC. 103. TRANSPORTATION RESEARCH AND DEVELOP9 MENT STRATEGIC PLANNING AND ANNUAL 

10 REPORTING. 

11 (a) AMENDMENT.—Section 508 of title 23, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 508. Transportation research and development 

14 strategic planning and annual reporting 

15 ‘‘(a) IN GENERAL.—The Secretary shall—

16 ‘‘(1) establish a strategic planning process, con17 sistent with section 306 of title 5 for the Depart18 ment of Transportation to determine national trans19 portation research and development priorities; 

20 ‘‘(2) set national transportation strategic goals 

21 and research and development priorities; 

22 ‘‘(3) coordinate Federal transportation research 

23 and development activities;
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1 ‘‘(4) measure the results of those activities and 

2 how they impact the performance of the transpor3 tation systems of the United States; and 

4 ‘‘(5) ensure that planning and reporting activi5 ties carried out under this section are coordinated 

6 with all other transportation planning and reporting 

7 requirements. 

8 ‘‘(b) IMPLEMENTATION.—The Secretary shall—

9 ‘‘(1) provide for the integrated planning, coordi10 nation, and consultation among the operating ad11 ministrations of the Department of Transportation, 

12 including the aviation, transit, and rail operating ad13 ministrations, all other Federal agencies with re14 sponsibility for surface transportation research and 

15 technology development, State and local govern16 ments, institutions of higher education, industry, 

17 and other private and public sector organizations en18 gaged in surface transportation-related research and 

19 development activities; 

20 ‘‘(2) ensure that the transportation research 

21 and development programs of the Department do 

22 not duplicate other Federal, State, or private sector 

23 research and development programs; and 

24 ‘‘(3) provide for independent validation of the 

25 scientific and technical assumptions underlying the 
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1 transportation research and development programs 

2 of the Department. 

3 ‘‘(c) TRANSPORTATION RESEARCH AND DEVELOP4 MENT STRATEGIC PLAN.—

5 ‘‘(1) DEVELOPMENT.—Not later than 1 year 

6 after the date of enactment of this paragraph, the 

7 Secretary shall develop an integrated transportation 

8 research and development strategic plan. The Sec9 retary shall periodically revise such plan. 

10 ‘‘(2) CONTENTS.—The plan shall—

11 ‘‘(A) include the general goals and prin12 ciples of the Department of Transportation for 

13 transportation research and development pro14 gram set forth in section 102 of the Act that 

15 enacted this subparagraph; 

16 ‘‘(B) define the roles of the Department 

17 and other Federal agencies in achieving the 

18 goals and principles identified under subpara19 graph (A), in order to avoid unnecessary dupli20 cation of effort; 

21 ‘‘(C) define the Department’s overall strat22 egy and research and development priorities, 

23 and for each research area specified in section 

24 502, set out—

25 ‘‘(i) specific research strategies; 
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1 ‘‘(ii) research objectives and priorities; 

2 ‘‘(iii) projects to be carried out; 

3 ‘‘(iv) recommended technology trans4 fer activities to promote the deployment of 

5 research results; and 

6 ‘‘(v) short-term, medium-term, and 

7 long-term technology development and de8 ployment activities; 

9 ‘‘(D) define the role of each of the oper10 ating administrations of the Department in car11 rying out the plan over the next 5 years, includ12 ing a description of procedures for coordination 

13 of the efforts of the Secretary with the efforts 

14 of the operating administrations of the Depart15 ment and other Federal agencies; 

16 ‘‘(E) assess how State and local research 

17 and development activities are contributing to 

18 the achievement of the goals identified under 

19 subparagraph (A) and priorities identified 

20 under subparagraph (C); 

21 ‘‘(F) provide details of the transportation 

22 research and development programs of the De23 partment, including performance goals, re24 sources needed to achieve those goals, and per25 formance indicators as described in section 
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1 1115(a) of title 31 for the next 5 years for each 

2 area of research and development; 

3 ‘‘(G) incorporate input from a wide range 

4 of interests in the transportation community, 

5 including State transportation officials, metro6 politan planning organizations, local govern7 ments, business, environmental and community 

8 organizations, academia, and other relevant 

9 Federal agencies, and summarize significant 

10 comments on the plan obtained from these in11 terests; and 

12 ‘‘(H) incorporate the input of the National 

13 Academy of Sciences and include responses to 

14 significant comments obtained from the Acad15 emy and other advisory bodies, and describe 

16 any corrective actions taken pursuant to such 

17 comments. 

18 ‘‘(3) NATIONAL ACADEMY OF SCIENCES RE19 VIEW.—The Secretary shall enter into an agreement 

20 for the review by the National Academy of Sciences 

21 of the details of each—

22 ‘‘(A) strategic plan or revision required 

23 under section 306 of title 5; 

24 ‘‘(B) performance plan required under sec25 tion 1115 of title 31; and 
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1 ‘‘(C) program performance report required 

2 under section 1116 of title 31, 

3 with respect to transportation research and develop4 ment. 

5 ‘‘(4) PERFORMANCE PLANS AND REPORTS.—In 

6 reports submitted under sections 1115 and 1116 of 

7 title 31, the Secretary shall include—

8 ‘‘(A) a summary of the results for the pre9 vious fiscal year of transportation research and 

10 development programs to which the Department 

11 of Transportation contributes, along with—

12 ‘‘(i) an analysis of the relationship be13 tween those results and the goals identified 

14 under paragraph (2)(A); and 

15 ‘‘(ii) a description of the methodology 

16 used for assessing the results; and 

17 ‘‘(B) a description of significant transpor18 tation research and development initiatives, if 

19 any, undertaken during the previous fiscal year 

20 that were not in the plan developed under para21 graph (1), and any significant changes in the 

22 plan from the previous year’s plan. 

23 ‘‘(d) MERIT REVIEW AND PERFORMANCE MEASURE24 MENT.—Not later than 1 year after the date of enactment 

25 of this subsection, the Secretary shall transmit to Con-
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1 gress a report describing competitive merit review proce2 dures for use in selecting grantees and contractors in the 

3 programs covered by the plan developed under subsection 

4 (c) and performance measurement procedures for evalu5 ating the programs. 

6 ‘‘(e) PROCUREMENT PROCEDURES.—The Secretary 

7 shall—

8 ‘‘(1) develop model procurement procedures 

9 that encourage the use of advanced technologies; and 

10 ‘‘(2) develop model transactions for carrying 

11 out and coordinating Federal and State transpor12 tation research and development activities. 

13 ‘‘(f) ANNUAL PROJECT REPORTS.—The Secretary 

14 shall publish and make publicly available an annual report 

15 documenting all transportation research and development 

16 activities of the Department. The report shall include de17 tailed accounting of how Federal funds were expended. 

18 ‘‘(g) CONSISTENCY WITH GOVERNMENT PERFORM19 ANCE AND RESULTS ACT OF 1993.—The plans and re20 ports developed under this section shall be consistent with 

21 and incorporated as part of the plans developed under sec22 tion 306 of title 5 and sections 1115 and 1116 of title 

23 31.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis for 

25 chapter 5 of title 23, United States Code, is amended by
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1 striking the item related to section 508 and inserting the 

2 following:

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

reporting.’’.

3 SEC. 104. SURFACE TRANSPORTATION RESEARCH AND DE4 VELOPMENT. 

5 (a) SURFACE TRANSPORTATION RESEARCH AND DE6 VELOPMENT.—Section 502 of title 23, United States 

7 Code, is amended—

8 (1) in subsection (a)—

9 (A) by striking subparagraphs (B) and (C) 

10 of paragraph (1) and inserting the following: 

11 ‘‘(B) all phases of transportation planning 

12 and development (including construction, trans13 portation system management and operation, 

14 modernization, development, design, mainte15 nance, safety, data collection, performance anal16 ysis, multimodal assessment, financing, demand 

17 forecasting, and traffic conditions); 

18 ‘‘(C) institutional arrangements and sup19 port; and 

20 ‘‘(D) the effect of State laws on the activi21 ties described in subparagraphs (A), (B), and 

22 (C).’’; and 
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1 (B) in paragraph (3)(C), by inserting 

2 ‘‘academic researcher,’’ after ‘‘association, insti3 tution,’’; 

4 (2) in subsection (c)—

5 (A) in paragraph (1), by inserting ‘‘acces6 sibility, connectivity,’’ after ‘‘United States, in7 cluding’’; 

8 (B) by redesignating paragraphs (4) 

9 through (11) as paragraphs (5) through (12), 

10 respectively; 

11 (C) by inserting after paragraph (3) the 

12 following new paragraph: 

13 ‘‘(4) Methods and testing to determine the im14 pacts, both positive and negative, to communities 

15 from major transportation investments.’’; 

16 (D) in paragraph (6), as so redesignated 

17 by subparagraph (B) of this paragraph—

18 (i) by striking ‘‘research project’’ and 

19 inserting ‘‘improvements against policy ob20 jectives’’ in subparagraph (B); and 

21 (ii) by inserting ‘‘and management’’ 

22 after ‘‘transportation operations’’ in sub23 paragraph (C); 

24 (E) in paragraph (12), as so redesignated 

25 by subparagraph (B) of this paragraph, by 
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1 striking ‘‘, including unobtrusive eyetracking 

2 technology’’; and 

3 (F) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(13) Environmental research, including re6 search described in the Transportation Research 

7 Board Special Report 268, entitled ‘Surface Trans8 portation Environmental Research: A Long-Term 

9 Strategy’, published in 2002. 

10 ‘‘(14) Assessment of planning strategies that 

11 link land use and transportation in metropolitan 

12 areas. 

13 ‘‘(15) Exploratory advanced research under 

14 subsection (d). 

15 ‘‘(16) Research aimed at understanding how 

16 emerging trends (including demographic, economic, 

17 and social trends) will affect and are affected by sur18 face transportation usage and needs. 

19 ‘‘(17) Research on the link between transpor20 tation and health (including asthma and obesity). 

21 ‘‘(18) Research on, and dissemination of rec22 ommendations and best practices aimed at address23 ing, nontechnical barriers to technology deployment 

24 (which include fragmented local authority, rigid pro-
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1 curement rules, and privacy and liability consider2 ations). 

3 ‘‘(19) Research on the effects of climate condi4 tions (such as freezing, thawing, and precipitation) 

5 on highway construction and maintenance, including 

6 research to reduce or repair damage caused by cli7 matic conditions, development of materials that can 

8 withstand climatic conditions, and research on the 

9 effects of climatic conditions on the costs of highway 

10 construction and maintenance. 

11 ‘‘(20) Research to improve the infrastructure 

12 investment needs report under subsection (g) 

13 through new methods of collecting better quality 

14 data, monitoring in a system-wide manner, the de15 termination of critical metrics to assess condition 

16 and performance, and new methods of statistical 

17 analysis and computer models to improve the pre18 diction of future needs. 

19 ‘‘(21) Research, development, and technology 

20 transfer related to asset management. 

21 ‘‘(22) Any other surface transportation research 

22 topics that the Secretary determines, in accordance 

23 with the strategic planning process under section 

24 508, to be critical.’’; 

25 (3) in subsection (d)—
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1 (A) in paragraph (1)—

2 (i) by inserting ‘‘exploratory’’ after 

3 ‘‘shall establish an’’; and 

4 (ii) by inserting ‘‘fundamental’’ after 

5 ‘‘508, that addresses’’; and 

6 (B) by striking paragraph (2) and insert7 ing the following new paragraphs: 

8 ‘‘(2) GOAL.—The goal of the research program 

9 under this subsection shall be to achieve break10 throughs in understanding transportation phe11 nomena. Exploratory advanced research should have 

12 a broader objective, longer time frame, multidisci13 plinary nature, and have both a higher risk and a 

14 higher potential payoff than for problem-solving re15 search. 

16 ‘‘(3) AGENDA.—Not later than 15 months after 

17 that date of enactment of this paragraph, the Sec18 retary shall develop an agenda for exploratory ad19 vanced research. The agenda shall outline key ques20 tions to be addressed and proposed areas of research 

21 to address these questions. The agenda shall also 

22 document the best way to accomplish this research 

23 (such as through Federal laboratories or academic 

24 researchers). Upon completion, the agenda shall be 

25 transmitted to the Committee on Transportation and 
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1 Infrastructure and the Committee on Science of the 

2 House of Representatives, and the Committee on 

3 Environment and Public Works of the Senate, and 

4 made available to the general public. 

5 ‘‘(4) CONSULTATION.—The Secretary shall con6 sult with the National Science Foundation in review7 ing fundamental research proposals, and to obtain 

8 advice on peer review protocols. 

9 ‘‘(5) WORKSHOP.—In order to develop the 

10 agenda for exploratory advanced research under 

11 paragraph (3), the Secretary shall convene a work12 shop with appropriate researchers and policymakers 

13 from Federal and State agencies, as well as aca14 demic researchers, to gather recommendations. The 

15 goal of the workshop shall be to determine priority 

16 areas of exploratory advanced research for Federal 

17 investment. Emphasis shall be placed on hearing 

18 from a diverse group of stakeholders. The Secretary 

19 shall make the results of the workshop widely avail20 able to the public. The workshop shall be held within 

21 9 months after the date of the enactment of this 

22 paragraph. 

23 ‘‘(6) USE OF FUNDS.—In any fiscal year with 

24 respect to which $5,000,000 or more is appropriated 

for carrying out this subsection, at least 1 25 ⁄2 of the
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1 funds in excess of $5,000,000 shall be used to carry 

2 out the grant program described in paragraph (7). 

3 Funds appropriated for carrying out this subsection 

4 not used for the grant program described in para5 graph (7) shall be used to carry out the agenda de6 veloped under paragraph (3). All exploratory ad7 vanced research proposals and results under this 

8 subsection shall be peer reviewed. 

9 ‘‘(7) GRANT PROGRAM.—If funds are available 

10 under paragraph (6), the Secretary shall administer 

11 a competitive, merit-reviewed and peer-reviewed 

12 grant program to support fundamental research out13 side of the Federal Government. Eligible applicants 

14 include academic researchers, and for-profit and not15 for-profit research institutions. Under this grant 

16 program, research solicitations shall be open and 

17 broad in order to spur creativity and innovation. 

18 Funds may be used under this paragraph to support 

19 research in a range of topics, including materials, 

20 operations, and social science. Proposals with the 

21 greatest merit shall be funded, and projects may re22 ceive funding for multiple years.’’; 

23 (4) in subsection (e), by striking ‘‘(105 Stat.’’ 

24 and all that follows through ‘‘performance program’’ 
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1 and inserting ‘‘and the Transportation Equity Act 

2 for the 21st Century’’; 

3 (5) by amending subsection (f) to read as fol4 lows: 

5 ‘‘(f) LONG-TERM BRIDGE PERFORMANCE PRO6 GRAM.—

7 ‘‘(1) AUTHORITY.—The Secretary shall estab8 lish a 20 year long-term bridge performance pro9 gram. 

10 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

11 CONTRACTS.—Under the program, the Secretary 

12 shall make grants and enter into cooperative agree13 ments and contracts to—

14 ‘‘(A) monitor, material-test, and evaluate 

15 test bridges; 

16 ‘‘(B) analyze the data obtained in carrying 

17 out subparagraph (A); and 

18 ‘‘(C) prepare products to fulfill program 

19 objectives and meet future bridge technology 

20 needs.’’; 

21 (6) in subsection (g)—

22 (A) in paragraph (1)—

23 (i) by striking ‘‘1999’’ and inserting 

24 ‘‘2005’’; and 
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1 (ii) by striking ‘‘highway and bridge’’ 

2 each place it appears and inserting ‘‘sur3 face transportation’’; and 

4 (B) in paragraph (2), by striking ‘‘bian5 nual reports’’ and all that follows through 

6 ‘‘21st Century’’ and inserting ‘‘previous reports 

7 under this subsection’’; and 

8 (7) by adding at the end the following new sub9 section: 

10 ‘‘(h) TURNER-FAIRBANK HIGHWAY RESEARCH CEN11 TER.—

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

13 in the Federal Highway Administration a Turner14 Fairbank Highway Research Center.

15 ‘‘(2) USES OF THE CENTER.—The Turner16 Fairbank Highway Research Center shall support 

17 the—

18 ‘‘(A) conduct of highway research and de19 velopment related to new highway technology; 

20 ‘‘(B) development of understandings, tools, 

21 and techniques that provide solutions to com22 plex technical problems through the develop23 ment of economical and environmentally sen24 sitive designs, efficient and quality controlled 
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1 construction practices, and durable materials; 

2 and 

3 ‘‘(C) development of innovative highway 

4 products and practices.’’. 

5 (b) GEOSPATIAL INFORMATION SYSTEMS.—Section 

6 5113 of the Transportation Equity Act of the 21st Cen7 tury (23 U.S.C. 502 note) is amended by revising sub8 section (b) to read as follows: 

9 ‘‘(b) PROGRAM.—

10 ‘‘(1) NATIONAL POLICY.—The Secretary shall 

11 establish and maintain a national policy for the use 

12 of commercial remote sensing products and 

13 geospatial information technologies in national 

14 transportation infrastructure development and con15 struction.

16 ‘‘(2) POLICY IMPLEMENTATION.—The Sec17 retary shall develop new applications of commercial 

18 remote sensing products and geospatial information 

19 technologies for the implementation of the national 

20 policy established and maintained under (b)(1) of 

21 this section.’’. 

22 (c) ENVIRONMENT AND PLANNING.—

23 (1) AMENDMENT.—Section 507 of title 23, 

24 United States Code, is amended to read as follows:
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1 ‘‘§ 507. Surface transportation environment and plan2 ning cooperative research program 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish and support a collaborative, public-private, 

5 multimodal surface transportation environment and plan6 ning cooperative research program. 

7 ‘‘(b) AGREEMENT.—The Secretary shall make grants 

8 to or enter into cooperative agreements with the National 

9 Academy of Sciences, or another nonprofit research orga10 nization established for this purpose, to support, admin11 ister, and manage the surface transportation environment 

12 and planning cooperative research program. 

13 ‘‘(c) ADVISORY BOARD.—

14 ‘‘(1) ESTABLISHMENT.—The organization de15 scribed in subsection (b) shall establish an inde16 pendent advisory board drawn from core partners 

17 that represent environment, transportation, sci18 entific, and other interests, including the Depart19 ment of Transportation, the Environmental Protec20 tion Agency, the National Science Foundation, other 

21 Federal agencies, the States, regional and local gov22 ernments, nonprofit organizations, academia, foun23 dations, and the private sector. 

24 ‘‘(2) RESPONSIBILITIES.—The Advisory Board 

25 shall have the responsibility for—
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1 ‘‘(A) development of a research agenda, 

2 which shall be published annually, shall serve as 

3 the basis of the annual project solicitation, and 

4 shall be based on the multiyear strategy de5 scribed in subsection (e), as revised under sub6 paragraph (D) of this paragraph; 

7 ‘‘(B) annual solicitation of project pro8 posals, including open competition and peer re9 view of research proposals; 

10 ‘‘(C) development of project selection cri11 teria, through an open and public consultation 

12 process with stakeholders, that emphasize—

13 ‘‘(i) the development of fundamental 

14 knowledge; and 

15 ‘‘(ii) collaborative research and fund16 ing; and 

17 ‘‘(D) revision of the contents of the 

18 multiyear strategy described in subsection (e), 

19 through an open and public consultation proc20 ess, with the first revision to be completed 3 

21 years after the first grants are awarded under 

22 this section and subsequent revisions biennially 

23 thereafter. 

24 ‘‘(d) DISSEMINATION OF RESEARCH FINDINGS.—

25 The organization described in subsection (b) and the De-
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1 partment of Transportation shall proactively disseminate 

2 research findings under this section to researchers, practi3 tioners, and decisionmakers, through conferences and 

4 seminars, field demonstrations, workshops, training pro5 grams, presentations, testimony to government officials, 

6 the Internet, and publications for the general public. 

7 ‘‘(e) CONTENTS.—The national research agenda for 

8 the surface transportation environment and planning co9 operative research program required under subsection 

10 (c)(2)(C) shall be based on Transportation Research 

11 Board Special Report 268, entitled ‘Surface Transpor12 tation Environmental Research: A Long-Term Strategy’, 

13 published in 2002, which included the following research 

14 areas: 

15 ‘‘(1) Human Health. 

16 ‘‘(2) Ecology and Natural Systems. 

17 ‘‘(3) Environmental and Social Justice. 

18 ‘‘(4) Emerging Technologies. 

19 ‘‘(5) Land Use. 

20 ‘‘(6) Planning and Performance Measures. 

21 ‘‘(f) PROJECT FUNDING.—

22 ‘‘(1) MULTIYEAR FUNDING.—Projects may re23 ceive funding for multiple years under this section. 

24 ‘‘(2) JOINT PROJECT FUNDING.—In addition to 

25 using funds authorized for this section, the organiza-
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1 tion that administers this program may seek and ac2 cept additional funding sources from public and pri3 vate entities capable of attracting and accepting 

4 funding from Federal agencies, States, local govern5 ments, nonprofit foundations, and the private sector. 

6 ‘‘(g) PROGRAMMATIC EVALUATIONS.—(1) Not later 

7 than 2 years after the first research project grants or con8 tracts are awarded under this section, the Secretary shall 

9 enter into an arrangement with the National Academy of 

10 Public Administration to review the program under this 

11 section, and recommend improvements. 

12 ‘‘(2) The National Academy of Public Administration 

13 review shall—

14 ‘‘(A) assess the degree to which the projects 

15 funded under this section have addressed the re16 search topics identified in the strategy established in 

17 the Transportation Research Board Special Report 

18 268, including identifying those topics which have 

19 not yet been addressed; 

20 ‘‘(B) assess the peer review process for project 

21 proposals, and assess research project results; and 

22 ‘‘(C) assess the extent of stakeholder involve23 ment in all facets of the program. 

24 ‘‘(h) ANNUAL REPORT.—The organization described 

25 in subsection (b) shall prepare and transmit to the Sec-
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1 retary an annual report that includes a project summary 

2 for every project funded under this section. Each summary 

3 shall characterize the project, summarize its status, and 

4 identify sponsors.’’. 

5 (2) CONFORMING AMENDMENT.—The analysis 

6 for chapter 5 of title 23, United States Code, is 

7 amended by striking the item related to section 507 

8 and inserting the following:

‘‘507. Surface transportation environment and planning cooperative research 

program.’’.

9 SEC. 105. TECHNOLOGY DEPLOYMENT. 

10 Section 503 of title 23, United States Code, is 

11 amended—

12 (1) in subsection (a)—

13 (A) by amending paragraph (7) to read as 

14 follows: 

15 ‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND

16 CONTRACTS.—

17 ‘‘(A) IN GENERAL.—Under the program, 

18 the Secretary may make grants and enter into 

19 cooperative agreements and contracts with 

20 States, metropolitan planning organizations, 

21 local governments, other Federal agencies, uni22 versities and colleges, private sector entities, 

23 and nonprofit organizations to foster alliances 

24 and support efforts to stimulate advances in 
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1 transportation technology, and to pay the Fed2 eral share of the costs of research, development, 

3 and technology transfer concerning innovative 

4 technologies. 

5 ‘‘(B) APPLICATIONS.—To receive a grant, 

6 cooperative agreement, or contract, under this 

7 paragraph, an entity described in subparagraph 

8 (A) shall submit an application to the Sec9 retary. The application shall be in such form 

10 and contain such information as the Secretary 

11 may require. The Secretary shall select and ap12 prove the applications based on the applica13 tions’ merit and on whether the project that is 

14 the subject of the grant, cooperative agreement, 

15 or contract meets the goals of the program de16 scribed in paragraph (3).’’; 

17 (B) in paragraph (8), by inserting ‘‘and 

18 the Committee on Science’’ after ‘‘Transpor19 tation and Infrastructure’’; 

20 (C) by redesignating paragraph (9) as 

21 paragraph (11); and 

22 (D) by inserting after paragraph (8) the 

23 following new paragraphs: 

24 ‘‘(9) TECHNOLOGY AND INFORMATION TRANS25 FER.—The Secretary shall ensure that the informa-
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1 tion and technology resulting from research con2 ducted under this subsection is made available to 

3 State and local transportation departments, metro4 politan planning organizations, and other interested 

5 parties. 

6 ‘‘(10) FEDERAL SHARE.—The Federal share of 

7 the cost of a project under this subsection shall be 

8 determined by the Secretary.’’; and 

9 (2) in subsection (b)—

10 (A) by striking ‘‘BRIDGE RESEARCH AND

11 CONSTRUCTION’’ and inserting ‘‘RESEARCH

12 AND DEPLOYMENT’’ in the subsection heading; 

13 (B) by amending paragraphs (1) and (2) 

14 to read as follows: 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish and carry out a program to demonstrate the ap17 plication of innovative technology in surface trans18 portation infrastructure construction (such as 

19 bridges, pavements, and other structures) and safe20 ty. 

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

22 include—

23 ‘‘(A) the development of new, cost-effective 

24 innovative material for surface transportation 

25 infrastructure applications; 
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1 ‘‘(B) the deployment and evaluation of 

2 safety technologies and innovations at the State 

3 and local levels, and the deployment of best 

4 practices in training, management, design, and 

5 planning; 

6 ‘‘(C) the reduction of life-cycle costs of 

7 surface transportation infrastructure, including 

8 the costs of new construction, replacement, 

9 maintenance, and rehabilitation of deficient 

10 highway infrastructure; 

11 ‘‘(D) the development and deployment of 

12 construction techniques to increase safety and 

13 reduce construction time and traffic congestion; 

14 ‘‘(E) the development of engineering de15 sign criteria for innovative products and mate16 rials for use in surface transportation infra17 structure; 

18 ‘‘(F) the development of cost-effective and 

19 innovative techniques to separate vehicle and 

20 pedestrian traffic from railroad traffic; 

21 ‘‘(G) the evaluation and documentation of 

22 the performance and benefits of innovative tech23 nologies deployed to improve life, performance, 

24 cost effectiveness, safety, and customer satisfac25 tion; 
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1 ‘‘(H) the refinement of innovative tech2 nologies based on the evaluation described in 

3 subparagraph (G); 

4 ‘‘(I) the wide dissemination of information 

5 developed under subparagraph (G); 

6 ‘‘(J) the development of surface transpor7 tation infrastructure, including alternative proc8 esses for the seismic retrofit of bridges, that 

9 will withstand natural disasters and terrorist 

10 attacks; 

11 ‘‘(K) for pavements, the development of 

12 designs and materials to reduce impacts of 

13 storm water runoff; 

14 ‘‘(L) the development of new non15 destructive infrastructure evaluation tech16 nologies and techniques; and 

17 ‘‘(M) effective technology transfer and in18 formation dissemination to accelerate imple19 mentation of innovative technologies.’’; 

20 (C) in paragraph (5), by striking ‘‘section’’ 

21 and inserting ‘‘subsection’’; and 

22 (D) by adding at the end the following new 

23 subsection: 

24 ‘‘(c) RESEARCH ON THE NONTECHNICAL BARRIERS

25 TO TECHNOLOGY DEPLOYMENT.—In order to support the 
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1 deployment goals established under subsection (a)(3), the 

2 Secretary shall carry out a research program addressing 

3 the nontechnical barriers to technology deployment, in4 cluding fragmented authority at the local and regional 

5 level and rigid procurement rules. The goal of this re6 search shall be to generate proposals for how to overcome 

7 these nontechnical barriers.’’. 

8 SEC. 106. FUTURE STRATEGIC HIGHWAY RESEARCH PRO9 GRAM. 

10 (a) AMENDMENT.—Chapter 5 of title 23, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 509. Future strategic highway research program 

14 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta15 tion with the American Association of State Highway and 

16 Transportation Officials, shall enter into an arrangement 

17 with the National Academy of Sciences for the establish18 ment of a Future Strategic Highway Research Program. 

19 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

20 CONTRACTS.—The Secretary may make grants to, and 

21 enter into cooperative agreements and contracts with, the 

22 American Association of State Highway and Transpor23 tation Officials and the National Academy of Sciences to 

24 carry out activities under this section. Advance payments 

25 may be made as necessary to carry out the program under 
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1 this section. Although no matching funds are required for 

2 this program, collaborative research projects with multiple 

3 sources of funding shall be encouraged. 

4 ‘‘(c) PERIOD OF AVAILABILITY.—Funds set aside to 

5 carry out this section shall remain available for the fiscal 

6 year for which such funds are made available and the 

7 three succeeding fiscal years. 

8 ‘‘(d) SET ASIDE.—There are authorized to be appro9 priated to the Secretary of Transportation for each of fis10 cal years 2004 through 2009, to carry out this section, 

11 $75,000,000. 

12 ‘‘(e) PROGRAM ADMINISTRATION.—In carrying out 

13 the program under this section, the National Academy of 

14 Sciences shall ensure that—

15 ‘‘(1) the selection of projects and researchers 

16 shall be based on the open solicitation of proposals 

17 and be reviewed by panels of appropriate experts; 

18 and 

19 ‘‘(2) State transportation officials and other 

20 stakeholders, including business, local governments, 

21 metropolitan planning organizations, environmental 

22 and community organizations, academia, other rel23 evant Federal agencies, and other members of the 

24 transportation community are involved in the gov25 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. 107. 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. 108. 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 

25 Federal laboratories, and colleges and universities, includ-
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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) a academic researcher who is a civil 

12 engineer; 

13 ‘‘(H) a academic researcher who is a social 

14 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 asso-
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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 in-
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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. 109. 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 

25 globalization and it effects on the transpor-
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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 There are authorized to be appropriated to the Sec10 retary of Transportation to carry out sections 5312, 5313, 

11 5314, 5315, and 5322 of title 49, United States Code, 

12 and section 202 of this Act, relating to research and devel13 opment, $75,000,000 for each of the fiscal years 2004 

14 through 2009. 

15 SEC. 202. TRANSIT RESEARCH. 

16 (a) AMENDMENT.—Chapter 5 of title 23, United 

17 States Code, as amended by this Act, is further amended 

18 by adding at the end the following new section: 

19 ‘‘§ 510. Innovative Practices and Technologies Dem20 onstration and Deployment Program 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish an Innovative Practices and Technologies Demonstra23 tion and Deployment Program. 

24 ‘‘(b) PROGRAM GOALS.—The goals of the program 

25 are to—
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1 ‘‘(1) demonstrate promising new transit prac2 tices and technologies, including new business mod3 els for managing and operating transit systems, that 

4 may increase ridership, increase accessibility, reduce 

5 cost, improve customer satisfaction, and improve 

6 safety; 

7 ‘‘(2) evaluate, refine, and document the per8 formance, benefits, and costs of innovative practices 

9 and technologies; and 

10 ‘‘(3) effectively disseminate information to ac11 celerate deployment of innovative practices and tech12 nologies. 

13 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

14 CONTRACTS.—The Secretary may make grants to, or 

15 enter into cooperative agreements or contracts with, tran16 sit agencies, States, other Federal agencies, universities 

17 and colleges, private sector entities, and nonprofit organi18 zations to pay the Federal share of the cost of demonstra19 tion and deployment projects concerning innovative prac20 tices and technologies. 

21 ‘‘(d) APPLICATIONS.—To receive a grant, cooperative 

22 agreement, or contract under this section, an entity de23 scribed in subsection (c) shall submit an application to the 

24 Secretary. The application shall be in such form and con25 tain such information as the Secretary may require. The 
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1 Secretary shall select and approve the applications based 

2 on the following criteria: 

3 ‘‘(1) Whether the project meets the goals of the 

4 program. 

5 ‘‘(2) Merit review. 

6 ‘‘(3) The likelihood that the project will result 

7 in more widespread deployment of the practice or 

8 technology being proposed. 

9 ‘‘(4) Preference shall be given to an application 

10 that represents a public-private partnership. 

11 ‘‘(e) TECHNOLOGY AND INFORMATION TRANSFER.—

12 The Secretary shall ensure that information about innova13 tive practices and technologies supported under this sec14 tion is made available to transit agencies, State and local 

15 transportation departments, and other interested parties. 

16 Information disseminated under this subsection shall in17 clude both the costs and benefits of deploying an innova18 tive practice or technology, and shall document—

19 ‘‘(1) best practices for adopting successful prac20 tices or technologies; and 

21 ‘‘(2) the transferability of these practices and 

22 technologies. 

23 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

24 cost of a project under this section shall be determined 

25 by the Secretary.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis of 

2 chapter 5 of title 23, United States Code, as amended by 

3 this Act, is further amended by adding at the end the fol4 lowing new item:

‘‘510. Innovative Practices and Technologies Demonstration and Deployment 

Program.’’.

5 SEC. 203. TRANSPORTATION, ENERGY, AND ENVIRONMENT. 

6 (a) IN GENERAL.—As part of the National Climate 

7 Change Technology Initiative and the Climate Change Re8 search Initiative, the Secretary shall establish and carry 

9 out a multimodal energy and climate change program to 

10 study the relationship of transportation, energy, and cli11 mate change. 

12 (b) CONTENTS.—The program to be carried out 

13 under this section shall include, but not be limited to, re14 search designed to—

15 (1) identify, develop and evaluate strategies to 

16 improve energy efficiency and reduce greenhouse gas 

17 emissions from transportation sources; and 

18 (2) identify and evaluate the potential effects of 

19 climate changes on the nation’s transportation sys20 tems, and strategies to address these effects. 

21 (c) PROJECT SELECTION.—Activities to be under22 taken in this program will be determined by an internal 

23 steering committee established by the Secretary of Trans24 portation. This intermodal committee shall include rep-
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1 resentatives from the Office of the Secretary and oper2 ating administrations within the Department of Transpor3 tation as designated by the Secretary. 

4 (d) GRANTS, COOPERATIVE AGREEMENTS AND CON5 TRACTS.—The Secretary may carry out this program inde6 pendently or by making grants to, or entering into con7 tracts and cooperative agreements with, a Federal agency, 

8 State agency, local agency, authority, association, non9 profit or for-profit corporation, or institution of higher 

10 education.

11 SEC. 204. NATIONAL COOPERATIVE FREIGHT TRANSPOR12 TATION RESEARCH PROGRAM. 

13 (a) AUTHORIZATION.—To carry out a national coop14 erative freight transportation research program, there is 

15 authorized the following sums: 

16 (1) $8,000,000 for each of fiscal years 2004 

17 and 2005. 

18 (2) $10,000,000 for each of fiscal years 2006 

19 and 2007. 

20 (3) $12,000,000 for each of fiscal years 2008 

21 and 2009. 

22 (b) IN GENERAL.—Chapter 5 of title 23, United 

23 States Code, is amended by adding at the end the fol24 lowing:
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1 ‘‘§ 509. National Cooperative Freight Transportation 

2 Research Program 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish and support a national cooperative freight transpor5 tation research program. 

6 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

7 agreement with the National Academy of Sciences to sup8 port and carry out administrative and management activi9 ties relating to the governance of the national cooperative 

10 freight transportation research program. 

11 ‘‘(c) ADVISORY COMMITTEE.—The National Acad12 emy of Sciences shall select an advisory committee con13 sisting of a representative cross-section of freight stake14 holders, including the Department of Transportation, 

15 other Federal agencies, State transportation departments, 

16 local governments, the American Association of State 

17 Highway and Transportation Officials and other nonprofit 

18 entities (including environmental groups), academia, and 

19 the private sector. 

20 ‘‘(d) GOVERNANCE.—The national cooperative 

21 freight transportation research program established under 

22 this section shall include the following administrative and 

23 management elements: 

24 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi25 sory committee, in consultation with stakeholders, 

26 shall recommend a national research agenda for the 
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1 national cooperative freight transportation research 

2 program. The national research agenda shall include 

3 a multi-year strategic plan. 

4 ‘‘(2) STAKEHOLDER INVOLVEMENT.—Stake5 holders may—

6 ‘‘(A) submit research proposals to the advi7 sory committee; 

8 ‘‘(B) participate in merit reviews of re9 search proposals and peer reviews of research 

10 products; and 

11 ‘‘(C) receive research results. 

12 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

13 RESEARCH PROPOSALS.—The National Academy of 

14 Sciences shall award research contracts and grants 

15 through open competition and merit review con16 ducted on a regular basis. 

17 ‘‘(4) EVALUATION OF RESEARCH.—

18 ‘‘(A) PEER REVIEW.—Research contracts 

19 and grants shall allow peer review of the re20 search results. 

21 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

22 National Academy of Sciences may conduct 

23 periodic programmatic evaluations on a regular 

24 basis. 
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1 ‘‘(5) DISSEMINATION OF RESEARCH FIND2 INGS.—The National Academy of Sciences shall dis3 seminate research findings to researchers, practi4 tioners, and decision-makers, through conferences 

5 and seminars, field demonstrations, workshops, 

6 training programs, presentations, testimony to gov7 ernment officials, world wide web, publications for 

8 the general public, and other appropriate means. 

9 ‘‘(e) CONTENTS.—The national research agenda for 

10 the national cooperative freight transportation research 

11 program required under subsection (d)(1) shall include re12 search in the following areas: 

13 ‘‘(1) Techniques for estimating and quantifying 

14 public benefits derived from freight transportation 

15 projects. 

16 ‘‘(2) Alternative approaches to calculating the 

17 contribution of truck traffic to congestion on specific 

18 highway segments. 

19 ‘‘(3) The feasibility of freight villages as a 

20 means of consolidating origins and destinations for 

21 freight movement. 

22 ‘‘(4) Methods for incorporating estimates of 

23 international trade into landside transportation plan24 ning. 
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1 ‘‘(5) The use of technology applications to in2 crease capacity of highway lanes dedicated to truck3 only traffic. 

4 ‘‘(6) Development of physical and policy alter5 natives for separating car and truck traffic. 

6 ‘‘(7) Ways to synchronize infrastructure im7 provements with freight transportation demand. 

8 ‘‘(8) The effect of changing patterns of freight 

9 movement on transportation planning decisions re10 lating to rest areas. 

11 ‘‘(9) Additional priorities to identify and ad12 dress the emerging and future research needs re13 lated to freight transportation. 

14 ‘‘(f) FUNDING.—

15 ‘‘(1) FEDERAL SHARE.—The Federal share of 

16 the cost of an activity carried out using such funds 

17 shall be up to 100 percent, and such funds shall re18 main available until expended. 

19 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi20 tion to using funds authorized for this section, the 

21 National Academy of Sciences may seek and accept 

22 additional funding sources from public and private 

23 entities capable of accepting funding from the 

24 United States Department of Transportation (Fed25 eral Highway Administration, Federal Transit Ad-
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1 ministration, Federal Railroad Administration, Re2 search and Special Programs Administration, and 

3 the National Highway Traffic Safety Administra4 tion), states, local governments, nonprofit founda5 tions, and the private sector.’’. 

6 (c) CONFORMING AMENDMENT.—The analysis for 

7 chapter 5 of title 23, United States Code, is amended by 

8 redesignating section 509 as follows:

‘‘509. National cooperative freight transportation research program.’’.

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