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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2569 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2569

   To reauthorize surface transportation research, development, and 
        technology transfer activities, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

Mr. Wu (for himself, Mr. Gordon of Tennessee, Ms. Eddie Bernice Johnson 
  of Texas, Mr. Lipinski, and Mr. Carnahan) introduced the following 
  bill; which was referred to the Committee on Science and Technology

_______________________________________________________________________

                                 A BILL

 
   To reauthorize surface transportation research, development, and 
        technology transfer activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) A comprehensive and coordinated research agenda is 
        required to guide all Department of Transportation research, 
        development, and technology transfer programs on the focus 
        areas of livability, sustainability, and performance for the 
        surface transportation system. The Department currently lacks a 
        research, development, and technology transfer strategic plan 
        with quantifiable goals, expected outcomes, implementation 
        strategies, and performance measures.
            (2) The surface transportation sector contributes 28 
        percent of the total United States carbon emissions. To 
        mitigate the impact of the surface transportation sector on the 
        climate, the Department's Office of Climate Change and 
        Environment should increase research efforts on effective 
        strategies to reduce emissions from surface transportation 
        infrastructure.
            (3) Coordinated research and technology transfer on 
        pavement and paving practices is essential to developing roads 
        that are more durable, consume less energy in construction and 
        maintenance, and are less disruptive to the environment.
            (4) Technology transfer is an integral part of research and 
        engineering. Additional efforts are required to ensure that 
        successful research results are deployed to the field.
            (5) The University Transportation Center (UTC) program 
        conducts important research and trains future transportation 
        professionals. However, the system could be better integrated 
        into the Department of Transportation research and development 
        activities.

SEC. 2. STRATEGIC PLAN.

    (a) In General.--The Administrator shall develop annually a 
comprehensive strategic plan to guide surface transportation research, 
development, and technology transfer activities within and funded by 
the Department for the 3-year period beginning with the upcoming fiscal 
year. Such strategic plan shall include--
            (1) the focus areas of national importance that such 
        activities will address, including community livability, 
        sustainability, and performance measures for transportation 
        systems;
            (2) quantifiable goals, expected outcomes, implementation 
        strategies, timetables, and performance measures for each such 
        focus area;
            (3) the identification of stakeholders and their role in 
        identifying research needs and priorities; and
            (4) specific activities for technology transfer and the 
        application and utilization of research results.
    (b) Submission.--Beginning with the first submission after the date 
of enactment of this Act of the President's annual budget request to 
Congress, and annually thereafter, the Administrator shall submit to 
the appropriate congressional committees the strategic plan developed 
under subsection (a) and shall make such plan available to the public 
on the Administration's Web site.

SEC. 3. UTC PROGRAM MANAGEMENT.

    (a) Review Process.--
            (1) In general.--The Administrator shall develop and 
        execute a review process to assess the performance of each UTC.
            (2) Review criteria.--Not later than 1 year after the date 
        of enactment of this Act, the Administrator shall develop and 
        make available to UTCs and the public the criteria that will be 
        used in the review process under paragraph (1). Such criteria 
        shall, at a minimum, be consistent with the performance 
        measures identified in the strategic plan under section 2.
            (3) Timing.--The Administrator shall develop and execute 
        the review process under paragraph (1) in such a manner that 
        all UTCs are reviewed during a 3-year period with the number of 
        UTCs being reviewed dispersed evenly throughout such period.
            (4) Transparency.--The Administrator shall make results of 
        the review process for each UTC available to the public on the 
        Administration's Web site.
    (b) Internship Grant Program.--To carry out the objective of 
expanding the transportation-related scientific and technical 
workforce, the Administrator may establish a grant program to fund 
internships for students participating in the UTC program at State 
departments of transportation, metropolitan planning organizations, and 
other appropriate organizations as identified by the Administrator.
    (c) Reports.--
            (1) Annual.--The Administrator shall submit to the 
        appropriate congressional committees and make available to the 
        public on the Administration's Web site an annual report on the 
        UTC program, detailing--
                    (A) the activities of the UTCs during the previous 
                year and how such activities reflect the priorities in 
                the strategic plan;
                    (B) the results of the reviews conducted during the 
                previous year;
                    (C) the progress of UTCs toward meeting the goals 
                and performance measures identified in the strategic 
                plan developed under section 2; and
                    (D) information about any grants awarded under 
                subsection (b).
            (2) Matching fund recommendation.--Within 6 months after 
        the date of enactment of this Act, the Administrator shall 
        submit a report to the appropriate congressional committees 
        with recommendations concerning the appropriate requirement 
        under section 5506(j) of title 49, United States Code, for the 
        Federal share of costs for activities carried out using a grant 
        awarded under section 5506 of such title.
            (3) Extension centers.--
                    (A) In general.--Within 6 months after the date of 
                enactment of this Act, the Administrator, in 
                consultation with the Director of the National 
                Institute of Standards and Technology, shall submit a 
                report to Congress on how best to strengthen 
                facilitation of transportation-related technology 
                transfer, including through the potential establishment 
                of transportation technology extension centers at UTCs.
                    (B) Contents.--In such report, the Administrator 
                shall--
                            (i) assess the role of UTCs to enable 
                        workforce education in their regional 
                        transportation communities and to promote the 
                        deployment and transfer of new transportation 
                        technology, tools, techniques, and methods; and
                            (ii) include an operational plan, identify 
                        the recipients of technical assistance provided 
                        by UTCs, and identify the needs of those 
                        recipients.

SEC. 4. VISITING COMMITTEE ON TRANSPORTATION RESEARCH.

    (a) In General.--The Secretary shall establish a visiting committee 
on surface transportation research (in this Act referred to as the 
``Committee''), which shall review and make recommendations regarding 
the quality of the surface transportation research, development, and 
technology transfer activities being carried out by the Department, 
including the development and execution of the strategic plan under 
section 2 and the coordination of such activities by the Administrator.
    (b) Membership.--The Committee shall be composed of 15 members 
appointed by the Secretary. In making such appointments, the Secretary 
shall--
            (1) consider recommendations submitted by the National 
        Academies, professional societies, business associations, labor 
        associations, and other appropriate organizations;
            (2) to the extent practicable, ensure that members do not 
        have any conflicts of interest;
            (3) not appoint employees of the Federal Government;
            (4) ensure that members are eminent in relevant fields, 
        such as transportation research, transportation engineering, 
        product development, labor, education, transportation 
        consulting, environment, or State or local government; and
            (5) select members to provide adequate representation of a 
        cross-section of--
                    (A) surface transportation researchers, 
                decisionmakers at the State and local levels of 
                government, transportation practitioners, and others in 
                the transportation research, development, and 
                technology user community; and
                    (B) expertise in the focus areas of national 
                importance.
    (c) Terms.--
            (1) In general.--Each member of the Committee shall be 
        appointed for a term of 3 years, except as provided in 
        paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated by the 
        Secretary at the time of appointment, of the members first 
        appointed--
                    (A) 5 members shall be appointed for a term of 1 
                year;
                    (B) 5 members shall be appointed for a term of 2 
                years; and
                    (C) 5 members shall be appointed for a term of 3 
                years.
            (3) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of such term.
            (4) Rotation.--Any person who has completed 2 consecutive 
        full terms of service on the Committee shall thereafter be 
        ineligible for appointment during the 1-year period following 
        the expiration of the second such term.
    (d) Meetings.--
            (1) In general.--The Committee shall meet at least twice 
        each year at the call of the Chairperson and, in addition, 
        whenever one-third of the members of the Committee so request 
        in writing.
            (2) Notice.--Each member of the Committee shall be given 
        appropriate notice of the call of such meeting not less than 15 
        days prior to any meeting, whenever possible.
            (3) Virtual meetings; teleconferences.--The Committee may 
        conduct meetings using electronic methods if each member may 
        fully participate in the deliberations of the Committee in 
        realtime.
    (e) Quorum.--A majority of the members of the Committee shall 
constitute a quorum.
    (f) Rates of Pay; Travel Expenses.--Each member shall serve without 
pay, except that each member shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 5, United States 
Code.
    (g) Subcommittees.--
            (1) Executive committee.--The Committee shall have an 
        executive committee and may delegate to it or to the Secretary 
        such of the powers and functions granted to the Committee by 
        this Act as it determines appropriate.
            (2) Additional committees.--The Committee is authorized to 
        appoint from among its members such other committees as it 
        determines necessary and to assign to committees so appointed 
        such survey and advisory functions as the Committee deems 
        appropriate to assist it in exercising its powers and functions 
        under this Act.
    (h) Chairperson.--
            (1) Election.--The election of the Chairperson and Vice 
        Chairperson of the Committee shall take place at each annual 
        meeting occurring in an even-numbered year.
            (2) Substitution.--The Vice Chairperson shall perform the 
        duties of the Chairperson in the absence of the Chairperson.
            (3) Vacancy.--In case a vacancy occurs in the 
        chairpersonship or vice chairpersonship, the Committee shall 
        elect a member to fill such vacancy.
    (i) Report.--
            (1) Annual.--
                    (A) In general.--Not later than 30 days after the 
                submittal to Congress of the President's annual budget 
                request in each year, the Committee shall transmit an 
                annual report to the Secretary for submission to the 
                appropriate congressional committees.
                    (B) Contents.--Such report shall deal essentially, 
                though not necessarily exclusively, with policy issues 
                or matters which affect the surface transportation 
                research, development, and technology transfer 
                activities at the Department. Each such report shall 
                comment on the strategic plan developed under section 
                2. Each such report shall also identify future areas of 
                priority surface transportation research for the 
                Department.
            (2) Additional.--The Committee shall transmit to the 
        Secretary and the appropriate congressional committees such 
        additional reports on specific policy matters as it determines 
        appropriate.

SEC. 5. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.

    Section 102(g) of title 49, United States Code, is amended--
            (1) in paragraph (1) in the matter preceding subparagraph 
        (A), by striking ``Department'' and inserting ``Research and 
        Innovative Technology Administration in the Department'';
            (2) by redesignating paragraph (2) as paragraph (7);
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Impact reduction research activities.--
                    ``(A) In general.--The Office established under 
                paragraph (1) shall fund or coordinate research, 
                development, and technology transfer activities focused 
                on--
                            ``(i) reducing vehicle miles traveled;
                            ``(ii) reducing congestion;
                            ``(iii) reducing construction and 
                        maintenance-related emissions and energy 
                        consumption; and
                            ``(iv) in coordination with the 
                        Environmental Protection Agency and the 
                        Department of Energy, assessing consumer 
                        acceptance of and infrastructure needs for 
                        alternative fuels and improved vehicle 
                        technology and other strategies to reduce 
                        greenhouse gas emissions and conserve energy 
                        arising from surface transportation 
                        infrastructure, operation, and use.
                    ``(B) Activities.--Research activities shall 
                include the following:
                            ``(i) Assessments of the impact, cost-
                        effectiveness, and collateral benefits of 
                        emissions and energy reduction strategies.
                            ``(ii) The development of technologies, 
                        tools, and techniques to reduce emissions and 
                        energy consumption throughout the life-cycle of 
                        transportation infrastructure.
                            ``(iii) Congestion reduction and speed 
                        management strategies.
                            ``(iv) Assessments of the impact of land 
                        use change on surface emissions and other 
                        factors, such as congestion, mobility, and 
                        accessibility, and barriers to land use change.
                            ``(v) Infrastructure requirements for 
                        alternative fuels and vehicles.
                            ``(vi) Traveler behaviors with respect to 
                        mode-choice, response to transportation pricing 
                        scheme, nonmotorized travel, and other 
                        emissions reducing strategies.
                            ``(vii) Emissions and energy reduction 
                        strategies for freight transportation, 
                        including mode shifts, freight infrastructure 
                        projects, and the effects of land use on 
                        freight movement.
            ``(3) Adaptation.--The Office shall fund or coordinate 
        research on the impacts of climate change on surface 
        transportation infrastructure to understand and assess how 
        climate change and variability may affect transportation 
        operation and infrastructure.
            ``(4) Assessment.--
                    ``(A) In general.--The Office shall assess current 
                and historical surface transportation infrastructure 
                and fuel demand management strategies that have been 
                implemented at the local, State, and national levels 
                for their social, economic, and environmental costs and 
                benefits.
                    ``(B) Public accessibility.--The results of such 
                assessments shall be made publicly available through 
                the Administration's Web site.
            ``(5) Modeling.--The Office, in consultation with the 
        Environmental Protection Agency and other Federal agencies, 
        shall support the development of more accurate tools and models 
        for quantifying mobile emissions and evaluating surface 
        transportation emissions reductions strategies. The tools and 
        models shall incorporate such factors as--
                    ``(A) vehicle speed;
                    ``(B) traffic flow;
                    ``(C) land use;
                    ``(D) nonmotorized travel;
                    ``(E) transit use;
                    ``(F) traveler behavior; and
                    ``(G) commercial traffic and freight movement.
            ``(6) Public accessibility.--The results of the research 
        and development carried out under this subsection shall be made 
        publicly available to national, State, and local transportation 
        planners and decisionmakers.''.

SEC. 6. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.

    (a) Establishment.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by inserting after section 5505 the following 
new section:

``SEC. 5505A. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.

    ``(a) Green Transportation Infrastructure Research and Technology 
Transfer.--The Administrator shall make grants to institutions of 
higher education or consortia thereof to establish and operate 
university transportation centers to carry out research, development, 
and technology transfer activities in the field of green transportation 
infrastructure.
    ``(b) Objectives.--The purpose of centers established pursuant to 
this section shall be to--
            ``(1) generate innovative and cost-effective approaches to 
        mitigating environmental impacts throughout the lifecycle of 
        transportation infrastructure;
            ``(2) develop holistic approaches to integrating green 
        infrastructure into existing wastewater management systems;
            ``(3) promote adoption of innovative green transportation 
        infrastructure systems by State and local governments and the 
        private sector; and
            ``(4) manage technology transfer programs to disseminate 
        information on best management practices in the area of green 
        transportation infrastructure to State and local governments 
        and the private sector.
    ``(c) Selection of Grant Recipients.--
            ``(1) Applications.--In order to be eligible to receive a 
        grant under this section, a nonprofit institution of higher 
        learning or consortia thereof shall submit to the Administrator 
        an application that is in such form and contains such 
        information as the Administrator may require.
            ``(2) Regional centers.--To the greatest extent 
        practicable, the Administrator shall ensure that there is at 
        least one grant recipient from each of the 10 United States 
        Government regions that comprise the Standard Federal Regional 
        Boundary System.
            ``(3) Selection criteria.--Except as otherwise provided by 
        this section, the Administrator shall select each recipient of 
        a grant under this section through a merit-reviewed competitive 
        process on the basis of the following:
                    ``(A) Demonstrated expertise in transportation 
                research and environmental impacts of transportation 
                infrastructure.
                    ``(B) Demonstrated research capacity and technology 
                transfer resources.
                    ``(C) Existing or proposed partnerships with State 
                and local governments and private industry involved in 
                transportation-related construction, environmental 
                impact mitigation, or other areas related to green 
                transportation infrastructure research.
                    ``(D) Capability to provide leadership in 
                developing national best management practices, regional 
                best management practices, or both in the field of 
                green transportation infrastructure.
                    ``(E) Expertise in specific regional climate 
                characteristics which impact the effectiveness of green 
                transportation infrastructure technologies and 
                practices.
                    ``(F) Demonstrated ability to disseminate results 
                of research and education programs through a statewide 
                or regionwide continuing education program.
                    ``(G) The strategic plan the recipient proposes to 
                carry out under the grant.
    ``(d) Activities.--The types of activities the Secretary may 
support under this section include the following:
            ``(1) Research and development of innovative technologies, 
        construction techniques, or best management processes that 
        mitigate the environmental impact of transportation 
        infrastructure, including--
                    ``(A) assessments of the life-cycle environmental 
                impact of local existing or planned transportation 
                infrastructure;
                    ``(B) integration of green transportation 
                infrastructure elements into existing transportation or 
                waste management systems; and
                    ``(C) research, development, testing, and 
                evaluation of new technologies or best management 
                practices.
            ``(2) Establishment and operation of a regional technology 
        transfer program to disseminate information on new technologies 
        and best management practices to State and local governments, 
        institutions of higher education, and private industry in the 
        region.
            ``(3) Study of the impact of State, local, and Federal 
        regulations on the implementation of green transportation 
        infrastructure technologies and practices. These studies shall 
        include collaboration with appropriate Federal agencies to 
        evaluate the effect of and possible changes to Federal and 
        State regulations that impede implementation of green 
        transportation infrastructure.
            ``(4) Public education efforts to raise awareness of green 
        transportation infrastructure technologies, including 
        activities to raise awareness and foster collaboration among 
        regional governments, private industry, and other public and 
        private stakeholders.
    ``(e) Annual Meeting.--The Administrator shall convene an annual 
meeting of the Centers established pursuant to this section in order to 
foster collaboration and communication among Center participants and 
disseminate best management practices.
    ``(f) Definition.--In this section, the term `green transportation 
infrastructure' includes infrastructure that--
            ``(1) preserves and restores natural processes, landforms 
        (such as flood plains), natural vegetated streamside buffers, 
        wetlands, or other topographical features that can slow, 
        filter, and naturally store stormwater runoff and floodwaters 
        for future water supply and recharge of natural aquifers;
            ``(2) utilizes natural design techniques that infiltrate, 
        filter, store, evaporate, and detain water close to its source;
            ``(3) minimizes the use of impervious surfaces in order to 
        slow or infiltrate precipitation;
            ``(4) minimizes life-cycle energy consumption, including 
        during construction, maintenance, use by vehicles, and 
        destruction and recycling; and
            ``(5) minimizes life-cycle air pollution.''.
    (b) Conforming Amendment.--The table of sections for such 
subchapter is amended by inserting after the item relating to section 
5505 the following new item:

``5505A. Regional Green Transportation Research Centers.''.

SEC. 7. NATIONAL RESEARCH COUNCIL REVIEW.

    The Administrator shall contract with the National Research Council 
to conduct a review of the surface transportation research, 
development, and technology transfer activities at the Turner Fairbank 
Highway Research facility. Such review shall assess the technical merit 
of research activities at such facility and the degree to which such 
activities achieve stated objectives and desired impact and make 
recommendations on how to improve the quality and efficiency of such 
activities.

SEC. 8. PAVEMENT RESEARCH, TECHNOLOGY TRANSFER, AND EDUCATION PROGRAM.

    (a) Establishment.--The Administrator shall, in consultation with 
appropriate Department modal agencies, establish a pavement research, 
deployment, and education program (in this section referred to as the 
``Program'').
    (b) Purpose.--The purpose of the Program shall be to--
            (1) address the need to advance pavement research; and
            (2) coordinate technology transfer efforts related to 
        paving materials.
    (c) Function.--The Program, in coordination with Department modal 
agencies, shall provide funding to UTCs and other institutions of 
higher education to conduct research, development, and technology 
transfer activities about paving materials and practices.
    (d) Activities.--Activities carried out by the Program shall 
include--
            (1) research and development of innovative technologies and 
        techniques to reduce the cost and environmental impact of 
        paving materials and practices, including research on--
                    (A) paving materials with improved durability;
                    (B) methods that decrease the energy use in, and 
                emissions resulting from, paving practices;
                    (C) paving materials that decrease environmental 
                impact;
                    (D) methods to decrease the overall life-cycle cost 
                of paving materials and practices;
                    (E) construction techniques to increase safety and 
                reduce construction time and traffic disruption and 
                congestion;
                    (F) pavement evaluation technologies and 
                techniques; and
                    (G) paving materials utilizing more recycled and 
                locally available natural material;
            (2) effective technology transfer, including efforts on--
                    (A) identifying and addressing barriers to 
                implementation for developed paving materials and 
                practices; and
                    (B) addressing the data needs of stakeholders by 
                developing independent studies and assessments on 
                topics, including--
                            (i) durability of paving technologies;
                            (ii) emissions from construction practices;
                            (iii) life-cycle cost-effectiveness of 
                        paving materials and strategies; and
                            (iv) environmental impact of paving 
                        technologies; and
            (3) establishing grants to institutions of higher education 
        to develop training and education programs for workforce 
        professionals in the areas of paving materials and practices.
    (e) Report.--Not later than 6 months after the date of enactment of 
this Act, the Administrator shall submit a report to the appropriate 
congressional committees on the results of the long-term pavement 
performance program and how the Department intends to organize, 
maintain, and utilize the database.

SEC. 9. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Administration.--The term ``Administration'' means the 
        Research and Innovative Technology Administration in the 
        Department of Transportation.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Research and Innovative Technology 
        Administration.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Science and Technology and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (4) Department.--The term ``Department'' means the 
        Department of Transportation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) UTC.--The term ``UTC'' means a university 
        transportation center established under section 5506 of title 
        49, United States Code.

SEC. 10. AUTHORIZATION.

    (a) Surface Transportation Research, Development, and Technology 
Program.--To carry out surface transportation research, development, 
and technology activities, such sums as are necessary shall be 
available.
    (b) University Transportation Research.--To carry out section 5505 
and section 5506 of title 49, United States Code, such sums as are 
necessary shall be available.
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