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(2) by inserting a new subsection (a) at the be-
ginning, to read as follows: 
‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND 
TECHNOLOGY INVESTMENTS.— 
‘‘(1) COVERAGE.—Surface transportation re-
search and technology development (R&T) shall in-
clude all activities leading to technology development 
and transfer, as well as the introduction of new and 
innovative ideas, practices and approaches, through 
such mechanisms as field applications, education and 
training, and technical support. 
‘‘(2) FEDERAL RESPONSIBILITY.—Funding and 
conducting surface transportation research and tech-
nology transfer activities shall be considered a basic 
responsibility of the Federal Government when—
‘‘(A) the work is of national significance; 
‘‘(B) it supports research in which there is 
a clear public benefit and private sector invest-
ment is less than optimal due to market failure; 
‘‘(C) it supports a Federal stewardship role 
in assuring that state and local governments 
use national resources efficiently; or 
‘‘(D) it presents the best means to support 
Federal policy goals compared to other policy 
alternatives.
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‘‘(3) ROLE.—Consistent with these Federal re-
sponsibilities, 
the 
Secretary 
of 
Transportation 
shall—
‘‘(A) conduct research; 
‘‘(B) support and facilitate research and 
technology transfer activities by state highway 
agencies; 
‘‘(C) share results of completed research; 
and 
‘‘(D) support and facilitate technology and 
innovation deployment. 
‘‘(4) PROGRAM CONTENT.—A surface transpor-
tation research program shall include—
‘‘(A) fundamental, long-term highway re-
search; 
‘‘(B) research aimed at significant highway 
research gaps, and emerging issues with na-
tional implications; and, 
‘‘(C) research related to policy and plan-
ning. 
‘‘(5) STAKEHOLDER
INPUT.—Federally-spon-
sored surface transportation R&T activities shall ad-
dress the needs of partners and stakeholders, and 
provide for stakeholder input in preparation of a 
strategic plan for surface transportation R&T.
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‘‘(6) COMPETITION.—To the greatest extent 
possible, investment decisions for surface transpor-
tation R&T activities shall be based on the well-es-
tablished principles of competition and merit review. 
‘‘(7) PERFORMANCE
REVIEW.—Surface trans-
portation R&T activities shall include a component 
of performance measurement.’’. 
(c) TRANSPORTATION POOLED FUND PROGRAM.—
Section 502(b) of title 23, United States Code, as redesig-
nated by this Act, is amended by inserting the following 
at the end: 
‘‘(6) POOLED FUNDING.— 
‘‘(A) To promote effective utilization of 
available resources, the Secretary may cooper-
ate with the States and other appropriate agen-
cies in funding research, development, and tech-
nology transfer activities of mutual interest on 
a pooled funds basis; and 
‘‘(B) The Secretary may enter into con-
tracts, cooperative agreements, grants, and 
other transactions as agent for all participating 
parties in carrying out such research, develop-
ment, or technology transfer.’’.
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(d) OPERATIONS ELEMENTS IN RESEARCH ACTIVI-
TIES.—Section 502 of title 23, United States Code, is 
amended—
(1) in subsection (b)(1), as redesignated by this 
Act, by striking subparagraphs (B) and (C) and in-
serting the following: 
‘‘(B) all phases of transportation planning 
and development (including construction, oper-
ation transportation system management and 
operations, modernization, development, design, 
maintenance, safety, financing, and traffic con-
ditions); 
‘‘(C) freight security processes and proce-
dures; and 
‘‘(D) the effect of State laws on the activi-
ties described in subparagraphs (A) and (B).’’; 
(2) in subsection (d)(5)(C), as redesignated by 
this Act, by inserting ‘‘system management and’’ 
after ‘‘transportation’’; and 
(3) in subsection (d), as redesignated by this 
Act, by inserting at the end: 
‘‘(12) Investigation and development of various 
operational methodologies to reduce the occurrence 
and impact of recurrent congestion and non-recur-
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rent congestion, and increase transportation system 
reliability. 
‘‘(13) Investigate processes, procedures, and 
technologies to secure container and hazardous ma-
terial transport, including the evaluation of regula-
tions, liability, terrorist countermeasures, and the 
impact of good security practices on commerce and 
productivity. 
‘‘(14) Research, development, and technology 
transfer related to asset management’’.’’
(e) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is 
amended by inserting at the end the following: 
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—
‘‘(1) IN GENERAL.—The Secretary shall operate 
in the Federal Highway Administration a Turner-
Fairbank Highway Research Center.
‘‘(2) USES
OF
THE
CENTER.—The Turner-
Fairbank Highway Research Center shall support 
the—
‘‘(A) conduct of highway research and de-
velopment related to new highway technology; 
‘‘(B) development of understandings, tools, 
and techniques that provide solutions to com-
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plex technical problems through the develop-
ment of economical and environmentally sen-
sitive designs, efficient and quality controlled 
construction practices, and durable materials; 
and 
‘‘(C) development of innovative highway 
products and practices.’’. 
(f) EXPLORATORY
ADVANCED
RESEARCH
PRO-
GRAM.—Section 502 of title 23, United States Code, is 
amended by striking subsection (e), as redesignated by 
this Act, and inserting the following: 
‘‘(e) EXPLORATORY ADVANCED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an exploratory advanced research program, con-
sistent with the surface transportation research and 
technology development strategic plan developed 
under section 508, that involves and draws upon 
basic research results to provide a better under-
standing of problems and develop innovative solu-
tions. The phrase ‘‘exploratory advanced research’’ 
conveys a more fundamental character, broader ob-
jective, multi-disciplinary nature, and greater uncer-
tainty in expected outcomes than found in problem-
solving research. In carrying out the program, the
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Secretary shall strive to develop partnerships with 
the public and private sectors. 
‘‘(2) RESEARCH AREAS.—In carrying out the 
program, the Secretary may make grants and enter 
into cooperative agreements and contracts in such 
areas of surface transportation research and tech-
nology as the Secretary determines appropriate, in-
cluding the following: 
‘‘(A) Characterization of materials used in 
highway infrastructure, including analytical 
techniques, microstructure modeling, and the 
deterioration processes. 
‘‘(B) Assessing the effects of transpor-
tation decisions on human health. 
‘‘(C) Development of surrogate measures 
of safety. 
‘‘(D) Environmental research. 
‘‘(E) Data acquisition techniques for sys-
tem condition and performance monitoring. 
‘‘(F) System performance data and infor-
mation processing needed to assess the day-to-
day operational performance of the system in 
support of hour-to-hour operational decision-
making.’’.
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(g) AUTHORITY
TO
PURCHASE
PROMOTIONAL 
ITEMS.— Section 503 of title 23, United States Code, as 
amended by this Act, is further amended by inserting the 
following at the end: 
‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized 
to be appropriated under this or any other Act for nec-
essary expenses for administration and operation of the 
Federal Highway Administration shall be available to pur-
chase promotional items of nominal value for use in the 
recruitment of individuals and to promote the programs 
of the Federal Highway Administration.’’. 
(h) FACILITATING TRANSPORTATION RESEARCH AND 
TECHNOLOGY
DEPLOYMENT
PARTNERSHIPS.—Section 
502(c) of title 23, United States Code, as redesignated 
by this Act, is amended by striking paragraph (2) and in-
serting the following: 
‘‘(2) COOPERATION, GRANTS, CONTRACTS AND 
AGREEMENTS.—Notwithstanding any other provision 
of law, the Secretary may directly initiate contracts, 
cooperative research and development agreements 
(as defined in section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a)), and other transactions to fund, and accept 
funds from, the National Research Council/ Trans-
portation Research Board, American Association of
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State Highway and Transportation Officials, State 
Departments of Transportation, cities, and counties, 
and their agents to conduct joint transportation re-
search and technology efforts.’’. 
(i) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
(1) SURFACE
TRANSPORTATION
RESEARCH.—
Chapter 5 of title 23, United States Code is amend-
ed by adding after section 504 the following: 
‘‘§ 505. Surface transportation research 
‘‘(a) AUTHORITY.—The Secretary of Transportation 
shall complete the 20-year long-term pavement perform-
ance program tests initiated under the strategic highway 
research program established under section 307(d) (as in 
effect on the day before the date of enactment of this sec-
tion) and continued by the Intermodal Surface Transpor-
tation Efficiency Act of 1991 and the Transportation Eq-
uity Act For The 21st Century. 
‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary shall 
make grants and enter into cooperative agreements and 
contracts to— 
‘‘(1) monitor, material-test, and evaluate high-
way test sections in existence as of the date of the 
grant, agreement, or contract;
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‘‘(2) analyze the data obtained in carrying out 
subparagraph (A); and 
‘‘(3) prepare products to fulfill program objec-
tives and meet future pavement technology needs.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 5 of title 23 is amended by inserting 
after item 504 the following:
‘‘505. Surface transportation research.’’.
(j) PROCUREMENT FOR RESEARCH, DEVELOPMENT, 
AND
TECHNOLOGY
TRANSFER
ACTIVITIES.—Section 
502(b) of title 23, United States Code, as redesignated 
by this Act, is amended by striking paragraph (3) and in-
serting the following:
‘‘(3) 
COOPERATION, 
GRANTS, 
AND
CON-
TRACTS.—The Secretary may carry out research, de-
velopment, and technology transfer activities related 
to transportation— 
‘‘(A) independently; 
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and 
Federal laboratories; or 
‘‘(C) by making grants to, or entering into 
contracts, cooperative agreements, and other 
transactions with the following: the National 
Academy of Sciences, the American Association 
of State Highway and Transportation Officials,
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or any Federal laboratory, Federal agency, 
State agency, authority, association, institution, 
for-profit or nonprofit corporation, organiza-
tion, foreign country, or person.’’. 
(k) INFRASTRUCTURE
INVESTMENT
NEEDS
RE-
PORT.—
(1) TITLE 23 AMENDMENT.—Section 502(h)(1) 
of title 23, United States Code, as redesignated by 
this Act, is amended by striking ‘‘Not later than 
January 31, 1999, and January 31 of every second 
year thereafter,’’ and inserting ‘‘Not later than July 
31, 2004, and July 31 of every second year there-
after,’’. 
(2) CONFORMING
AMENDMENT
TO
TITLE
49, 
UNITED STATES CODE.—Section 308(e)(1) of title 
49, United States Code, is amended by striking ‘‘in 
March 1998, and in March of each even-numbered 
year thereafter’’ and inserting ‘‘not later than July 
31, 2004, and July 31 of every second year there-
after,’’. 
SEC. 5202. SURFACE TRANSPORTATION ENVIRONMENT AND 
PLANNING COOPERATIVE RESEARCH PRO-
GRAM. 
(a) SURFACE TRANSPORTATION ENVIRONMENT AND 
PLANNING COOPERATIVE RESEARCH PROGRAM.—Chap-
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ter 5 of title 23, United States Code, is amended by strik-
ing section 507 and inserting the following: 
‘‘§ 507. Surface transportation environment and plan-
ning cooperative research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a collaborative, public-private surface 
transportation environment and planning cooperative re-
search program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences or other 
organization to support and carry out administrative and 
management activities relating to the governance of the 
surface transportation environment and planning coopera-
tive research program. 
‘‘(c) ADVISORY BOARD.—The organization described 
in subsection (b) shall select an advisory board drawn 
from core partners that represent environment, transpor-
tation, and neutral interests, including the Department of 
Transportation, other Federal agencies, the States, local 
governments, nonprofit entities, academia, and the private 
sector. 
‘‘(d) GOVERNANCE.—The surface transportation en-
vironment and planning cooperative research program es-
tablished under this section shall include the following ad-
ministrative and management elements:
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‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory board, in consultation with core partners and 
other stakeholders, shall develop and periodically up-
date a national research agenda for the surface 
transportation environment and planning cooperative 
research program. The national research agenda 
shall include a multi-year strategic plan. 
‘‘(2) 
STAKEHOLDER
INVOLVEMENT.—Stake-
holders may—
‘‘(A) submit research proposals; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The organization described 
in subsection (b) may award research contracts and 
grants through open competition and merit review 
conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts 
and grants may allow peer review of the re-
search results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
organization described in subsection (b) may
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conduct periodic programmatic evaluations on a 
regular basis. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The organization described in subsection (b) 
shall disseminate research findings to researchers, 
practitioners, and decision-makers, through con-
ferences and seminars, field demonstrations, work-
shops, training programs, presentations, testimony 
to government officials, world wide web, and publica-
tions for the general public. 
‘‘(e) CONTENTS.—The national research agenda for 
the surface transportation environment and planning co-
operative research program required under subsection 
(c)(2) shall include research in the following areas for the 
purposes cited: 
‘‘(1) HUMAN HEALTH.—Human health to es-
tablish the links between transportation activities 
and human health; substantiate the linkages between 
exposure to concentration levels, emissions, and 
health impacts; examine the potential health impacts 
from the implementation and operation of transpor-
tation infrastructure and services; develop strategies 
for avoidance and reduction of these impacts; and 
develop strategies to understand the economic value
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of health improvements; and for incorporating health 
considerations into valuation methods. 
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol-
ogy and natural systems to measure transportation’s 
short- and long-term impact on natural systems; de-
velop ecologically based performance measures; de-
velop insight into both the spatial and temporal 
issues associated with transportation and natural 
systems; study the relationship between highway 
density and ecosystem integrity, including the im-
pacts of highway density on habitat integrity and 
overall ecosystem health; develop a rapid assessment 
methodology for use by transportation and regu-
latory agencies in determining the relationship be-
tween highway density and ecosystem integrity; and 
develop ecologically based performance techniques to 
evaluate the success of highway project mitigation 
and enhancement measures. 
‘‘(3) ENVIRONMENTAL
AND
SOCIOECONOMIC 
RELATIONSHIPS.—Environmental and socioeconomic 
relationships to understand differences in mobility, 
access, travel behavior, and travel preferences across 
socioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to commu-
nity needs; improve evaluation methods for exam-
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ining the incidence of benefits and costs; examine 
the differential impacts of current methods of fi-
nance and explore alternatives; understand the socio-
economic implications of emerging land development 
patterns and new transportation technologies; de-
velop cost-effective applications of technology that 
improve the equity of the transport system; and de-
velop improved methods for community involvement, 
collaborative planning, and conflict resolution. 
‘‘(4) EMERGING
TECHNOLOGIES.—Emerging 
technologies to assist in the transition to environ-
mentally benign fuels and vehicles for passengers 
and freight; develop responses to and demand for 
new technologies that could offer improved environ-
mental performance; identify possible applications of 
Intelligent Transportation Systems technologies for 
environmental benefit; develop policy instruments 
that would encourage the development of beneficial 
new technologies in a cost-effective manner; and re-
spond to the impact of new technologies. 
‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of trans-
portation investment, housing policies, school qual-
ity, and consumer preferences; incorporate impacts 
of transportation investments on location decision
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and land use; identify the costs and benefits of cur-
rent development patterns and their transportation 
implications; determine the effect of the built envi-
ronment on people’s willingness to walk, drive, or 
take public transportation; determine the roles of 
public policy and institutional arrangements in cur-
rent and prospective land use and transportation 
choices; and develop improved data, methods, and 
processes for considering land use, transportation, 
and the environment in an integrated, systematic 
fashion. 
‘‘(6) PLANNING
AND
PERFORMANCE
MEAS-
URES.—Planning and performance measures to im-
prove understanding of travel needs and preferences; 
improve planning methods for system analysis, fore-
casting, and decision making; expand information on 
consumer choice processes and travel and activity 
patterns for both local and long-distance trips and 
both passenger and freight transportation analysis 
of social, environmental, and economic benefits and 
cost of various transport options; develop tools for 
measuring and forecasting complex transportation 
decision for all modes and users; and develop per-
formance measures and policy analysis approaches 
that can be used to determine effectiveness.
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‘‘(7) ADDITIONAL PRIORITIES.—Additional pri-
orities to identify and address the emerging and fu-
ture surface transportation research needs related to 
planning and environment. 
‘‘(f) FUNDING.—In addition to using funds author-
ized for this section, the organization that administers this 
program may seek and accept additional funding sources 
from public and private entities capable of attracting and 
accepting funding from the United States Department of 
Transportation (Federal Highway Administration, Fed-
eral Transit Administration, Federal Railroad Administra-
tion, Research and Special Programs Administration, and 
the National Highway Traffic Safety Administration), En-
vironmental Protection Agency, Department of Energy, 
Fish and Wildlife and other Federal environmental agen-
cies, states, local governments, nonprofit foundations, and 
the private sector.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item related to section 507 and inserting the 
following:
‘‘507. Surface transportation environment and planning cooperative research 
program.’’.
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SEC. 5203. LONG-TERM BRIDGE PERFORMANCE PROGRAM; 
INNOVATIVE BRIDGE RESEARCH AND DE-
PLOYMENT PROGRAM. 
(a) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—Section 502 of title 23, United States Code, is 
amended by striking 502(g), as redesignated by this Act, 
and inserting the following: 
‘‘(g) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish a 20 year long-term bridge performance pro-
gram. 
‘‘(2) Grants, cooperative agreements, and con-
tracts.—Under the program, the Secretary shall 
make grants and enter into cooperative agreements 
and contracts to—
‘‘(A) monitor, material-test, and evaluate 
test bridges; 
‘‘(B) analyze the data obtained in carrying 
out subparagraph (A); and 
‘‘(C) prepare products to fulfill program 
objectives and meet future bridge technology 
needs.’’. 
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY-
MENT PROGRAM.—
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(1) IN GENERAL.—Section 503(b) of title 23, 
United States Code, is amended by striking 
503(b)(1) and inserting: 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and carry out a program to promote, dem-
onstrate, evaluate, and document the application of 
innovative designs, materials and construction meth-
ods in the construction, repair, and rehabilitation of 
bridges and other highway structures.’’. 
(2) GOALS.—Section 503(b)(2) of such title is 
amended by striking 503(b)(2) and inserting: 
‘‘(2) GOALS.—The goals of the program shall 
include— 
‘‘(A) the development of new, cost-effec-
tive, innovative highway bridge applications;
‘‘(B) the development of construction tech-
niques to increase safety and reduce construc-
tion time and traffic congestion; 
‘‘(C) the development of engineering design 
criteria for innovative products, materials, and 
structural systems for use in highway bridges 
and structures; 
‘‘(D) the reduction of maintenance costs 
and life-cycle costs of bridges, including the
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costs of new construction, replacement, or reha-
bilitation of deficient bridges; 
‘‘(E) the development of highway bridges 
and structures that will withstand natural dis-
asters and terrorist attacks; 
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the perform-
ance and benefits of these innovative designs, 
materials, and construction methods; and 
‘‘(G) the effective transfer of resulting in-
formation and technology.’’. 
SEC. 5204. TECHNOLOGY DEPLOYMENT. 
(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 
503(a) of title 23, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘ini-
tiatives and partnerships’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) ESTABLISHMENT.—The Secretary shall 
develop and administer a national technology deploy-
ment program.’’; 
(3) by striking paragraph (7) and inserting the 
following: 
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—
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‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations to pay the Federal share of the 
cost of research, development, and technology 
transfer concerning innovative materials. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit an application to 
the Secretary. The application shall be in such 
form and contain such information as the Sec-
retary may require. The Secretary shall select 
and approve the applications based on whether 
the project that is the subject of the grant 
meets the goals of the program described in 
paragraph (2).’’; 
(4) by striking paragraph (8); 
(5) by redesignating paragraph (9) as para-
graph (10); and 
(6) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
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tion and technology resulting from research con-
ducted under paragraph (3) is made available to 
State and local transportation departments and 
other interested parties as specified by the Sec-
retary. 
‘‘(9) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section shall be de-
termined by the Secretary.’’. 
(b) INNOVATIVE PAVEMENT RESEARCH
AND DE-
PLOYMENT PROGRAM.—Section 503 of title 23, United 
States Code, is amended by adding after subsection (b) 
the following: 
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE-
PLOYMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to promote, dem-
onstrate, support, and document the application of 
innovative pavement technologies, practices, per-
formance, and benefits. 
‘‘(2) GOALS.—The goals of the innovative pave-
ment research and deployment program shall in-
clude-- 
‘‘(A) the deployment of new, cost-effective 
innovative designs, materials, and practices to
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extend pavement life and performance and to 
improve customer satisfaction; 
‘‘(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs of 
new construction, replacement, maintenance, 
and rehabilitation; 
‘‘(C) the deployment of accelerated con-
struction techniques to increase safety and re-
duce construction time and traffic disruption 
and congestion; 
‘‘(D) the deployment of engineering design 
criteria and specifications for innovative prac-
tices, products, and materials for use in high-
way pavements; 
‘‘(E) the deployment of new nondestructive 
and real time pavement evaluation technologies 
and techniques; 
‘‘(F) evaluation, refinement, and docu-
mentation of the performance and benefits of 
innovative technologies deployed to improve life, 
performance, cost effectiveness, safety, and cus-
tomer satisfaction; 
‘‘(G) effective technology transfer and in-
formation dissemination to accelerate imple-
mentation of innovative technologies and to im-
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prove life, performance, cost effectiveness, safe-
ty, and customer satisfaction; and 
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff.’’. 
(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—
Section 503 of title 23, United States Code, as amended 
by this Act, is further amended by adding the following: 
‘‘(d) SAFETY
INNOVATION
DEPLOYMENT
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to demonstrate the 
application of innovative technologies in highway 
safety. 
‘‘(2) GOALS.—The goals of the program shall 
include—
‘‘(A) the deployment and evaluation of 
safety technologies and innovations at state and 
local levels; and 
‘‘(B) the deployment of best practices in 
training, management, design, and planning. 
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with
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States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations for research, development, and 
technology transfer for innovative safety tech-
nologies. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit an application to 
the Secretary. The application shall be in such 
form and contain such information as the Sec-
retary may require. The Secretary shall select 
and approve the applications based on whether 
the project that is the subject of the grant 
meets the goals of the program described in 
paragraph (2). 
‘‘(4) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall take such action as is 
necessary to ensure that the information and tech-
nology resulting from research conducted under 
paragraph (3) is made available to State and local 
transportation departments and other interested 
parties as specified by the Secretary. 
‘‘(5) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section shall be de-
termined by the Secretary.’’.
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SEC. 5205. TRAINING AND EDUCATION. 
(a) 
NATIONAL
HIGHWAY
INSTITUTE.—Section 
504(a) of title 23, United States Code, is amended by 
striking paragraph (3) and inserting the following: 
‘‘(3) COURSES.—The Institute may develop and 
administer courses in modern developments, tech-
niques, methods, regulations, management, and pro-
cedures in areas including surface transportation, 
environmental stewardship and streamlining, acqui-
sition of rights-of-way, relocation assistance, engi-
neering, safety, transportation system management 
and operations, construction, maintenance, contract 
administration, inspection, and highway finance.’’. 
(b) FEDERAL SHARE.—Section 504(b) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) FEDERAL SHARE.—
‘‘(A) GRANTS.—The grant funds author-
ized to carry out this subsection may be used 
to cover up to 50 percent of the program costs 
relating to local technical assistance. Funds 
available for technology transfer and training 
purposes under this title and title 49 may be 
used to cover the remaining 50 percent of the 
program costs.
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‘‘(B) 
TRIBAL
TECHNICAL
ASSISTANCE 
CENTERS.—The Federal share of the cost of ac-
tivities carried out by the tribal technical assist-
ance centers under paragraph (b)(2)(D)(ii) of 
this subsection shall be 100 percent.’’. 
(c) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—Section 504 
of title 23, United States Code, is amended by adding at 
the end the following: 
‘‘(d) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—
‘‘(1) FUNDING.—Subject to project approval by 
the Secretary, a State may obligate funds appor-
tioned to it under sections 104(b)(1), (3), and (4) 
and 144(e) of this title for surface transportation 
workforce development, training and education, in-
cluding:—
‘‘(A) tuition and direct educational ex-
penses, excluding salaries, in connection with 
the education and training of employees of 
State and local transportation agencies; 
‘‘(B) employee professional development; 
‘‘(C) student internships; 
‘‘(D) university or community college sup-
port; or
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‘‘(E) education outreach activities to de-
velop interest and promote participation in sur-
face transportation careers. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the cost of activities carried out in accordance with 
this subsection shall be 100 percent.’’. 
(d) DEFINITIONS AND DECLARATION OF POLICY.—
Section 101(a) of title 23, United States Code, as amend-
ed by this Act, is further amended—
(1) in paragraph (3), by—
(A) striking ‘‘and’’ after subparagraph 
(H); 
(B) striking the period after subparagraph 
(I) and inserting ’’; and’’; and 
(C) adding after subparagraph (I) the fol-
lowing: 
‘‘(J) surface transportation workforce de-
velopment, training, and education.’’; 
(2) by redesignating paragraphs (36) through 
(39), as redesignated by this Act, as paragraphs 
(37) through (40) respectively; and 
(3) by adding after paragraph (35), as redesig-
nated by this Act, the following: 
‘‘(36) SURFACE TRANSPORTATION WORKFORCE 
DEVELOPMENT, TRAINING, AND
EDUCATION.—The
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term ‘surface transportation workforce development, 
training, and education’ means activities associated 
with surface transportation career awareness, stu-
dent transportation career preparation, and training 
and professional development for surface transpor-
tation workers.’’. 
SEC. 5206. ADVANCED TRAVEL FORECASTING PROCEDURES 
PROGRAM. 
(a) 
CONTINUATION
AND
ACCELERATION
OF 
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation 
model known as the Transportation Analysis Simulation 
System (‘‘TRANSIMS’’), developed by the Los Alamos 
National Laboratory. The program shall assist State de-
partments of transportation and metropolitan planning or-
ganizations in the implementation of TRANSIMS, develop 
methods for TRANSIMS applications to transportation 
planning and air quality analysis, and provide training and 
technical 
assistance 
for 
the 
implementation 
of 
TRANSIMS. The program may support the development 
of methods to plan for the transportation response to 
chemical and biological terrorism and other security con-
cerns.
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(b) ELIGIBLE ACTIVITIES.—The Secretary shall use 
funds made available under section 5101(a)(1) of this Act 
to— 
(1) provide funding to State departments of 
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under the metropolitan planning section of 
chapter 52 of title 49, United States Code, rep-
resenting a diversity of populations, geographic re-
gions and analytic needs to implement TRANSIMS; 
(2) develop methods to demonstrate a wide 
spectrum of TRANSIMS applications to support 
metropolitan and statewide transportation planning, 
including integrating highway and transit oper-
ational considerations into the transportation plan-
ning process; and 
(3) provide training and technical assistance with 
respect to the implementation and application of 
TRANSIMS to States, local governments and Met-
ropolitan Planning Organizations with responsibility 
for travel modeling. 
(c) ALLOCATION OF FUNDS.—Not more than 75 per-
cent of the funds made available to carry out this section 
may be allocated to activities described in subsection 
(b)(1).
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Subtitle C—Multimodal Research 
Programs; Scholarship Opportu-
nities 
SEC. 5301. UNIVERSITY TRANSPORTATION RESEARCH. 
Section 5505 of title 49, United States Code, is re-
vised to read as follows: 
‘‘SEC. 5505. UNIVERSITY TRANSPORTATION RESEARCH. 
‘‘(a) UNIVERSITY-INDUSTRY-GOVERNMENT
PART-
NERSHIPS.—The Secretary of Transportation shall make 
grants to nonprofit institutions of higher learning to ad-
dress transportation management and research and devel-
opment matters, with special attention to increasing the 
number of highly skilled individuals entering the field of 
transportation. 
‘‘(b) OBJECTIVES.—
‘‘(1) Each university receiving a grant under 
this section shall conduct the following programs 
and activities: 
‘‘(A) Basic and applied research that sup-
ports the Department’s transportation research 
agenda, the products of which are judged by 
peers or other experts in the field to advance 
the body of knowledge in transportation. 
‘‘(B) An education program that includes 
multidisciplinary course work, faculty and stu-
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dent participation in research, and an oppor-
tunity for practical experience. 
‘‘(C) An ongoing program of technology 
transfer that makes the results of research and 
education activities broadly available to poten-
tial users in a form that can be implemented, 
utilized, or otherwise applied. 
‘‘(2) Each university shall elect as its primary 
objective either subsection (b)(1)(A) or (b)(1)(B) of 
this section and shall direct at least 50% of total 
costs to the accomplishment thereof. 
‘‘(c) SELECTION OF GRANT RECIPIENTS.—
‘‘(1) In order to be eligible to receive a grant 
under this section, a nonprofit institution of higher 
learning shall submit to the Secretary an application 
that is in such form and contains such information 
as the Secretary may require. 
‘‘(2) The Secretary shall select each recipient of 
a grant under this section through a competitive 
process in which applications are evaluated on the 
basis of the following: 
‘‘(A) The demonstrated research and ex-
tension resources available to the applicant to 
carry out this section.
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‘‘(B) The capability of the applicant to 
provide leadership in making national and re-
gional contributions to the solution of imme-
diate and long-range transportation problems. 
‘‘(C) The applicant’s demonstrated com-
mitment of at least $200,000 in regularly-budg-
eted institutional amounts each year to support 
ongoing transportation research and education 
programs. 
‘‘(D) The amount of matching funds for 
which the applicant has obtained binding com-
mitments. 
‘‘(E) Evidence of the applicant’s research 
and education partnerships with at least one 
private sector partner and at least one non-fed-
eral government partner. 
‘‘(F) The applicant’s demonstrated ability 
to disseminate results of transportation re-
search and education programs through na-
tional and statewide or regionwide continuing 
education and capacity-building programs. 
‘‘(G) The strategic plan the applicant pro-
poses to achieve the objectives of the grant 
and—
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‘‘(i) if the applicant’s primary objec-
tive is subsection (b)(1)(A) of this section, 
the strategic plan shall include a research 
plan that addresses more than one mode of 
transportation; or 
‘‘(ii) if the applicant’s primary objec-
tive is subsection (b)(1)(B) of this section, 
the strategic plan shall include an edu-
cation plan that addresses multimodal 
issues. 
‘‘(d) MAINTENANCE OF EFFORT.—In order to be eli-
gible to receive a grant under this section, a recipient shall 
enter into an agreement with the Secretary to ensure that 
the recipient will maintain total expenditures from all 
other sources to carry out the objectives of a grant at a 
level at least equal to the average level of such expendi-
tures in its 2 fiscal years prior to award of a grant under 
this section. 
‘‘(e) FEDERAL SHARE.—The Federal share of the 
costs of activities carried out using a grant made under 
this section shall not exceed 50 percent of costs. The non-
Federal share may include funds provided to a recipient 
under section 503, or 104(i) of title 23, United States 
Code.
‘‘(f) PROGRAM ADMINISTRATION.—
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‘‘(1) The Secretary shall conduct all grant man-
agement and administration functions necessary to 
facilitate the research, education, training, and tech-
nology transfer activities that grant recipients carry 
out under this section; to coordinate these activities 
among the grant recipients; to ensure that the re-
sults of the research, education, training and tech-
nology transfer activities are widely disseminated; 
and to ensure the effective use of program resources. 
‘‘(2) At least annually and consistent with the 
plan developed under section 508 of title 23, United 
States Code, the Secretary shall review and evaluate 
programs the grant recipients carry out. 
‘‘(3) The Secretary may not use more than 1 
percent of amounts made available from Government 
sources to carry out this subsection. 
‘‘(g) USE OF TRANSPORTATION RESEARCH INFOR-
MATION SERVICES (TRIS) DATABASES.—
‘‘(1) Recipients of awards under this section 
shall make use of the National Research Council 
(NRC), Transportation Research Board (TRB), 
Transportation 
Research 
Information 
Services 
(TRIS) online databases for the following purposes: 
‘‘(A) Program development and strategic 
planning.
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‘‘(B) Reporting of active R&T activities 
undertaken with funding provided here. 
‘‘(C) Input and dissemination of results 
and reports from completed research. 
‘‘(2) Recipients shall recommend a representa-
tive to serve as liaison to the Transportation Re-
search Board. 
‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—
Funds made available to carry out this program shall re-
main available for obligation for a period of 2 years after 
the last day of the fiscal year for which such funds are 
authorized.’’. 
SEC. 5302. MULTIMODAL RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 5506 of title 49, United 
States Code, is revised to read as follows: 
‘‘SEC. 5506. MULTIMODAL RESEARCH PROGRAM. 
‘‘(a) PURPOSE.—The Secretary shall establish a pro-
gram to encourage and promote the research, develop-
ment, demonstration and testing of technologies that have 
multimodal transportation applications, and shall foster 
adoption of those technologies in transportation through 
demonstration and testing to remove impediments to an 
efficient, safe, and cost-effective national transportation 
system.
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‘‘(b) OTHER RESEARCH ACTIVITIES.—To ensure the 
activities performed pursuant to this section achieve the 
maximum benefit, the Secretary, the Secretary of Energy, 
the Administrator of the Environmental Protection Agen-
cy, and other relevant Federal agencies shall coordinate 
their research, development and demonstration activities 
related to heavy-duty vehicle technologies and hydrogen 
transportation and refueling infrastructure. Nothing in 
this section may be construed to authorize the Secretary 
to conduct research, development, demonstration or test-
ing activities that the Secretary of Energy or the Adminis-
trator the Environmental Protection Agency is authorized 
to conduct, or to modify the authorities of the Secretary 
of Energy or the Administrator of the Environmental Pro-
tection Agency. 
‘‘(c) ADVANCED
HEAVY-DUTY
VEHICLE
TECH-
NOLOGIES.—
‘‘(1) The Secretary of Transportation shall con-
duct research, development, demonstration and test-
ing to integrate emerging multimodal heavy-duty ve-
hicle technologies in order to provide seamless, safe, 
secure and efficient transportation. 
‘‘(2) There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this paragraph
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$24,000,000 for fiscal year 2005, $25,000,000 for 
fiscal year 2006, $23,000,000 for fiscal year 2007, 
$18,000,000 for fiscal year 2008, and $10,000,000 
for fiscal year 2009. 
‘‘(3) The funding made available under para-
graph (2) of this subsection shall be available for ob-
ligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23 and shall be 
subject to any obligation limitation imposed on 
funds for Federal-aid highways and highway safety 
construction programs. 
‘‘(d) HYDROGEN
INFRASTRUCTURE
SAFETY
RE-
SEARCH AND DEVELOPMENT.—
‘‘(1) The Secretary of Transportation is author-
ized to conduct research, development, demonstra-
tion and testing on the safety aspects of hydrogen 
transportation and refueling infrastructure necessary 
to support the use of next generation vehicle tech-
nologies. 
‘‘(2) To carry out this subsection, there is au-
thorized to be appropriated $1,000,000 for fiscal 
years 2004, $15,000,000 for fiscal year 2005, 
$13,000,000 for fiscal year 2006, $11,000,000 for 
fiscal year 2007, $9,000,000 for fiscal year 2008, 
and $6,000,000 for fiscal year 2009.
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‘‘(e) GRANTS, COOPERATIVE
AGREEMENTS, AND 
OTHER TRANSACTIONS.—The Secretary may enter into 
grants, cooperative agreements, and other transactions 
with Federal and other public agencies (including State 
and local governments) and private organizations and 
other persons to carry out this section. 
‘‘(f) COST SHARING.—At least 50 percent of the 
funding for projects authorized in this section must be 
provided by non-Federal sources.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 55 of title 49, United States Code, is amended 
by substituting the following for the item designated 5506:
‘‘Sec. 5506. Multimodal research program.’’.
SEC. 5303. COMMERCIAL REMOTE SENSING PRODUCTS. 
Section 5113 of the Transportation Equity Act of the 
21st Century (23 U.S.C. 502 note) is amended by revising 
subsection (b) to read as follows: 
‘‘(b) PROGRAM.—
‘‘(1) NATIONAL POLICY.—The Secretary shall 
establish and maintain a national policy for the use 
of commercial remote sensing products and spatial 
information technologies in national transportation 
infrastructure development and construction.
‘‘(2) POLICY
IMPLEMENTATION.—The Sec-
retary shall develop new applications of commercial 
remote sensing products and spatial information
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technologies for the implementation of the national 
policy established and maintained under (b)(1) of 
this section.’’. 
SEC. 5304. TRANSPORTATION SCHOLARSHIP OPPORTUNI-
TIES PROGRAM. 
(a) IN GENERAL.—
(1) The Secretary may establish and implement 
a scholarship program for the purpose of attracting 
qualified students for transportation-related critical 
jobs. 
(2) The Secretary may accomplish this objective 
by developing a program in partnership with appro-
priate non-governmental institutions. 
(b) PARTICIPATION AND FUNDING.—An operating 
administration of the Department of Transportation and 
the Office of Inspector General of the Department of 
Transportation (DOT) may participate in the scholarship 
program. Notwithstanding any other law, the Secretary 
may use funds available to an operating administration 
or from the Office of Inspector General for the purpose 
of carrying out this provision.
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Subtitle D—Transportation Data 
and Analysis 
SEC. 5401. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is 
amended by deleting subsections (b) through (k) and in-
serting the following new subsections, as follows: 
‘‘(b) DIRECTOR.—
‘‘(1) The Bureau shall be headed by a Director, 
who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
‘‘(2) The Director shall be appointed from 
among individuals who are qualified to serve by vir-
tue of their training and experience in the collection, 
analysis and use of transportation data. 
‘‘(3) The Director shall report directly to the 
Secretary of Transportation. 
‘‘(4) The term of the Director shall be 4 years. 
The Director may continue to serve after the expira-
tion of the term until a successor is appointed and 
confirmed. 
‘‘(c) RESPONSIBILITIES.—The Director of the Bu-
reau shall serve as the Secretary’s senior advisor on data 
and statistics and be responsible for carrying out the fol-
lowing duties:
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‘‘(1) Collecting, analyzing and disseminating 
data concerning the domestic and international 
movement of freight. 
‘‘(2) Collecting, analyzing and disseminating 
data concerning travel patterns for local and long-
distance travel, at the local, State, national and 
international levels. 
‘‘(3) Developing, analyzing and disseminating 
information on the economics of transportation. 
‘‘(4) Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of 
transportation geospatial data standards, compiling 
intermodal geospatial data, and collecting geospatial 
data that is not being collected by others. 
‘‘(5) Developing, publishing and disseminating 
a comprehensive set of measures of investment, use, 
costs, performance and impacts of the national 
transportation system, including publishing an an-
nual transportation statistics abstract; and identi-
fying information needs and reviewing such needs at 
least annually with the Advisory Council on Trans-
portation Statistics. 
‘‘(6) Conducting or supporting research relating 
to methods of gathering or analyzing transportation
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statistics and issuing guidelines for the collection of 
information by the Department in order to ensure 
that such information is accurate, relevant, com-
parable, accessible and in a form that permits sys-
tematic analysis. 
‘‘(d) COORDINATING
COLLECTION
OF
INFORMA-
TION.—The Director shall work with the operating admin-
istrations of the Department to establish and implement 
the Bureau’s data programs and to improve the coordina-
tion of information collection efforts with other Federal 
agencies. 
‘‘(e) 
SUPPORTING
TRANSPORTATION
DECISION-
MAKING.—The Director shall ensure that the statistics 
compiled under this section are relevant for transportation 
policy, planning, and decision making by the Federal Gov-
ernment, State and local governments, transportation-re-
lated associations, private businesses, and the public. The 
Director shall provide, to the Department’s other oper-
ating administrations, technical assistance on collecting, 
compiling, analyzing and verifying transportation data 
and statistics and the design of surveys. 
‘‘(f) RESEARCH AND DEVELOPMENT GRANTS.—
‘‘(1) The Secretary may make grants to, or 
enter into cooperative agreements or contracts with, 
public and nonprofit private entities (including State
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transportation departments, metropolitan planning 
organizations, and institutions of higher education) 
if the grants—
‘‘(A) provide for an alternative means of 
accomplishing program-related research; 
‘‘(B) contribute to research and develop-
ment of new methods of data collection; or 
‘‘(C) improve the methods for sharing geo-
graphic data. 
‘‘(2) Not more than $500,000 of the amounts 
made available to carry out this section in a fiscal 
year may be used for Research and Development 
Grants. 
‘‘(g) TRANSPORTATION STATISTICS ANNUAL RE-
PORT.—By March 31 of each year, the Director shall 
transmit to the President and Congress a report that in-
cludes information on the subjects covered by subsection 
(c) of this section, documentation of the methods used to 
obtain the information and ensure the quality of the statis-
tics presented in the report, and recommendations for im-
proving transportation statistical information. 
‘‘(h) PROCEEDS OF DATA PRODUCT SALES.—Not-
withstanding section 3302 of title 31, United States Code, 
funds received by the Bureau from the sale of data prod-
ucts, for necessary expenses incurred, may be credited to
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the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for 
the expenses. 
‘‘(i) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
‘‘(1) authorize the Bureau to require any other 
department or agency to collect data; or 
‘‘(2) reduce the authority of any other officer of 
the Department of Transportation to collect and dis-
seminate data independently. 
‘‘(j) 
MANDATORY
RESPONSE
AUTHORITY
FOR 
FREIGHT
DATA
COLLECTION.—Whoever, being the 
owner, official, agent, person in charge, or assistant to the 
person in charge, of any corporation, company, business, 
institution, establishment, or organization of any nature 
whatsoever, neglects or refuses, when requested by the Di-
rector or other authorized officer, employee or contractor 
of the Bureau, to answer completely and correctly to the 
best of his/her knowledge all questions relating to the cor-
poration, company, business, institution, establishment, or 
other organization, or to records or statistics in his/her 
official custody, contained in a data collection request pre-
pared and submitted under the authority of subsection 
(c)(1), shall be fined not more than $500; and if the indi-
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vidual willfully gives a false answer to a question, shall 
be fined not more than $10,000. 
‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) An officer, employee or contractor of the 
Bureau may not—
‘‘(A) make any disclosure in which the 
data provided by an individual or organization 
under subsection (c) can be identified; 
‘‘(B) use the information provided under 
subsection (c) for a nonstatistical purpose; or 
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine 
any individual report provided under subsection 
(c). 
‘‘(2)(A) No department, bureau, agency, officer, 
or employee of the United States (except the Direc-
tor in carrying out this section) may require, for any 
reason, a copy of any report that has been filed 
under subsection (c) with the Bureau or retained by 
an individual respondent. 
‘‘(B) A copy of a report described in subpara-
graph (A) that has been retained by an individual 
respondent or filed with the Bureau or any of its 
employees, contractors, or agents—
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‘‘(i) shall be immune from legal process; 
and 
‘‘(ii) shall not, without the consent of the 
individual concerned, be admitted as evidence or 
used for any purpose in any action, suit, or 
other judicial or administrative proceeding. 
‘‘(C) This subsection shall apply only to reports 
that permit information concerning an individual or 
organization to be reasonably inferred by direct or 
indirect means. 
‘‘(3) In a case in which the Bureau is author-
ized by statute to collect data or information for a 
nonstatistical purpose, the Director shall clearly dis-
tinguish the collection of the data or information, by 
rule and on the collection instrument, so as to in-
form a respondent that is requested or required to 
supply the data or information of the nonstatistical 
purpose. 
‘‘(l) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information 
in the possession of any Federal agency except informa-
tion—
‘‘(1) the disclosure of which to another Federal 
agency is expressly prohibited by law; or
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‘‘(2) the disclosure of which the agency so re-
quested determines would significantly impair the 
discharge of authorities and responsibilities which 
have been delegated to, or vested by law, in such 
agency. 
‘‘(m) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) The Bureau of Transportation Statistics 
has an Advisory Council on Transportation Statis-
tics. 
‘‘(2) It shall be the function of the advisory 
council established under this subsection to advise 
the Director of the Bureau of Transportation Statis-
tics on transportation statistics and analyses, includ-
ing whether or not the statistics and analysis dis-
seminated by the Bureau of Transportation Statis-
tics are of high quality and are based upon the best 
available objective information. 
‘‘(3) The advisory council established under this 
subsection shall be composed of not more than 6 
members appointed by the Director who are not offi-
cers or employees of the United States and who have 
expertise in transportation data collection or analysis 
or application (except for 1 member who shall have
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expertise in economics and 1 member who shall have 
expertise in statistics). 
‘‘(4) The Federal Advisory Committee Act (5 
App. U.S.C.) shall apply to the advisory council es-
tablished under this section, except that section 14 
of the Federal Advisory Committee Act shall not 
apply to the Advisory Committee established under 
this section.’’. 
Subtitle E—Intelligent 
Transportation Systems Research 
SEC. 5501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2003’’. 
SEC. 5502. GOALS AND PURPOSES. 
(a) GOALS.—The goals of the intelligent transpor-
tation system program include—
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a 
significant portion of future transportation needs, 
including public access to employment, goods, and 
services, and to reduce regulatory, financial, and 
other transaction costs to public agencies and sys-
tem users;
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(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as 
well as improved emergency response to a crash, 
with particular emphasis on decreasing the number 
and severity of collisions;
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting 
State and local governments to achieve national en-
vironmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators 
of commercial vehicles, passenger vehicles, and mo-
torcycles, including individuals with disabilities; and 
(5) improvement of the Nation’s ability to re-
spond to security related or other man made emer-
gencies and natural disasters and enhancement of 
national defense mobility. 
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum—
(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent
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transportation systems for consumers of passenger 
and freight transportation; 
(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration 
in the transportation planning process; 
(3) improve regional cooperation and operations 
planning for effective intelligent transportation sys-
tem deployment; 
(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based 
safety enhancing systems; 
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial vehicle operations; and 
(7) develop a workforce capable of developing, 
operating, and maintaining intelligent transportation 
systems. 
SEC. 5503. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) SCOPE.—Subject to the provisions of this subtitle, 
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
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vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United 
States. 
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this subtitle shall encourage and not displace public-pri-
vate partnerships or private sector investment in such 
tests and projects. 
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, the United States private sector, the Federal 
laboratories, and colleges and universities, including his-
torically black colleges and universities and other minority 
institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system pro-
gram, the Secretary, as appropriate, shall consult with the 
Secretary of Commerce, the Secretary of the Treasury, the 
Administrator of the Environmental Protection Agency, 
the Secretary of Homeland Security, the Director of the 
National Science Foundation, and the heads of other Fed-
eral departments and agencies.
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(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance, 
training, and information to State and local governments 
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services. 
(f) TRANSPORTATION PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and 
safety data collected as a result of federally 
sponsored projects carried out under this sub-
title; and 
(B) on request, make that information (ex-
cept for proprietary information and data) 
readily available to all users of the repository at 
an appropriate cost. 
(2) AGREEMENT.—
(A) IN
GENERAL.—The Secretary may 
enter into an agreement with a third party for 
the maintenance of the repository for technical
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and safety data under paragraph (1)(A) of this 
subsection. 
(B) FEDERAL FINANCIAL ASSISTANCE.—If 
the Secretary delegates the responsibility, the 
entity to which the responsibility is delegated 
shall be eligible for Federal financial assistance 
under this section. 
(h) ADVISORY COMMITTEES.—
(1) IN GENERAL.—In carrying out this subtitle, 
the Secretary may use one or more advisory commit-
tees. 
(2) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—Any advisory committee so used 
shall be subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(i) EVALUATIONS.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN
GENERAL.—The Secretary shall 
issue guidelines and requirements for the eval-
uation of operational tests and deployment 
projects carried out under this subtitle. 
(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under 
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the
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evaluator so as to avoid any real or apparent 
conflict of interest or potential influence on the 
outcome by parties to any such test or deploy-
ment project or by any other formal evaluation 
carried out under this subtitle. 
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall 
establish evaluation funding levels based on the 
size and scope of each test or project that en-
sure adequate evaluation of the results of the 
test or project.
(2) SPECIAL RULE.—Any survey, questionnaire, 
or interview that the Secretary considers necessary 
to carry out the evaluation of any test, deployment 
project, or program assessment activity under this 
subtitle shall not be subject to chapter 35 of title 44. 
(j) USE OF RIGHTS-OF-WAY.—Intelligent transpor-
tation system projects specified in sections 5117(b)(3) and 
5117(b)(6) of the Transportation Equity Act for the 21st 
Century and involving privately owned intelligent trans-
portation system components that are carried out using 
funds made available from the Highway Trust Fund shall 
not be subject to any law or regulation of a State or polit-
ical subdivision of a State prohibiting or regulating com-
mercial activities in the rights-of-way of a highway for
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which Federal-aid highway funds have been utilized for 
planning, design, construction, or maintenance, if the Sec-
retary of Transportation determines that such use is in 
the public interest. Nothing in this subsection shall affect 
the authority of a State or political subdivision of a State 
to regulate highway safety. 
SEC. 5504. NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND 
MAINTENANCE.—Consistent with section 12(d) of 
the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 
the Secretary shall develop, implement, and maintain 
a national architecture and supporting standards 
and protocols to promote the widespread use and 
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation 
systems of the United States. 
(2) INTEROPERABILITY AND EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
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retary may use the services of such standards devel-
opment organizations as the Secretary determines to 
be appropriate. 
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that 
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard after consultation with affected parties, and 
using, to the extent practicable, the work product of 
appropriate standards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) or (2) 
shall be published in the Federal Register and re-
main in effect until the appropriate standards devel-
opment organization adopts and publishes a stand-
ard. 
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that 
intelligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this
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subtitle to deploy intelligent transportation system 
technologies, conform to the national architecture, 
applicable standards or provisional standards, and 
protocols developed under subsection (a). 
(2) SECRETARY’S DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for—
(A) Projects designed to achieve specific 
research objectives outlined in the National ITS 
Program Plan or the Surface Transportation 
Research and Development Strategic Plan de-
veloped under section 508 of title 23, United 
States Code; or 
(B) The upgrade or expansion of an intel-
ligent transportation system in existence on the 
date of enactment of this subtitle, if the Sec-
retary determines that the upgrade or expan-
sion—
(i) would not adversely affect the 
goals or purposes of this subtitle; 
(ii) is carried out before the end of 
the useful life of such system; and 
(iii) is cost-effective as compared to 
alternatives that would meet the con-
formity requirement of paragraph (1).
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(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to funds used for operation or maintenance of 
an intelligent transportation system in existence on 
the date of enactment of this subtitle. 
SEC. 5505. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems, and 
other similar activities that are necessary to carry out this 
subtitle. 
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit management, freight management, road 
weather management, toll collection, traveler infor-
mation, or highway operations systems; 
(2) enhance safety through improved crash-
avoidance and protection, crash and other notifica-
tion, commercial vehicle operations, and infrastruc-
ture-based or cooperative safety systems; 
(3) enhance security through improved response 
to security related emergencies, and improved trans-
portation security systems; and
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(4) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of operational tests and demonstrations under subsection 
(a) shall not exceed 80 percent. 
SEC. 5506. USE OF FUNDS. 
(a) OUTREACH
AND PUBLIC RELATIONS LIMITA-
TION.—
(1) IN
GENERAL.—For each fiscal year, not 
more than $5,000,000 of the funds made available 
to carry out this subtitle shall be used for intelligent 
transportation system outreach, public relations, dis-
plays, scholarships, tours, and brochures.
(2) APPLICABILITY.—Paragraph (1) shall not 
apply to intelligent transportation system training or 
the publication or distribution of research findings, 
technical guidance, or similar documents. 
(b) INFRASTRUCTURE DEVELOPMENT.—Funds made 
available to carry out this subtitle for operational tests—
(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and transit infrastructure unless the construction is
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incidental and critically necessary to the implemen-
tation of an intelligent transportation system 
project. 
SEC. 5507. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—In this section, the term ‘‘inci-
dent’’ means a crash, a natural disaster, work zone 
activity, special event, or other emergency road user 
occurrence that adversely affects or impedes the nor-
mal flow of traffic. 
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation 
infrastructure’’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means 
electronics, communications, or information proc-
essing used singly or in combination to improve the 
efficiency or safety of a surface transportation sys-
tem. 
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework 
for interoperability that defines—
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(A) the functions associated with intel-
ligent transportation system user services; 
(B) the physical entities or subsystems 
within which the functions reside; 
(C) the data interfaces and information 
flows between physical subsystems; and 
(D) the communications requirements as-
sociated with the information flows. 
(5) PROJECT.—The term ‘‘project’’ means a 
undertaking to research, develop, or operationally 
test intelligent transportation systems or any other 
undertaking eligible for assistance under this sub-
title. 
(6) STANDARD.—The term ‘‘standard’’ means a 
document that—
(A) contains technical specifications or 
other precise criteria for intelligent transpor-
tation systems that are to be used consistently 
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products, 
processes, and services are fit for their pur-
poses; and 
(B) may support the national architecture 
and promote—
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(i) the widespread use and adoption of 
intelligent 
transportation 
system 
tech-
nology as a component of the surface 
transportation systems of the United 
States; and 
(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23, 
United States Code. 
(8) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning 
given the term under section 101(a) of title 23, 
United States Code, as amended by section 1701 of 
this Act. 
SEC. 5508. REPEAL. 
The Transportation Equity Act for the 21st Century 
is amended by striking subtitle C of title V.
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TITLE 
VI—TRANSPORTATION 
PLANNING; INTERMODAL FA-
CILITIES 
SEC. 6001. TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Subtitle III of title 49, United 
States Code, is amended by adding the following after 
chapter 51: 
‘‘CHAPTER 52—TRANSPORTATION 
PLANNING
‘‘Sec. 
‘‘5201. Policy. 
‘‘5202. Definitions. 
‘‘5203. Metropolitan transportation planning. 
‘‘5204. Statewide transportation planning.
‘‘§ 5201. Policy 
‘‘(a) It is in the national interest to—
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight and foster eco-
nomic growth and development within and between 
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air and water 
pollution through metropolitan and statewide trans-
portation planning processes identified in this chap-
ter;
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‘‘(2) encourage the continued improvement and 
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
ning organizations, State Departments of Transpor-
tation, and public transit operators through the use 
of performance-based approaches in the development 
of transportation plans and investments as guided 
by the planning factors identified in subsection 
5203(f) and 5204(d) of this chapter; and 
‘‘(3) encourage private enterprise participation 
in projects and transportation services.
‘‘(b) The provisions of sections 5203–5204 of this 
chapter shall be jointly administered by the Federal High-
way and Federal Transit Administrators. 
‘‘§ 5202. Definitions 
‘‘(a) Unless otherwise specified in subsection (b), the 
definitions in section 101(a) of title 23 and section 5302 
of this title are applicable to this chapter. 
‘‘(b) As used in this chapter—
‘‘(1) CONSULTATION.—The term ‘consultation’ 
means that one party confers with another identified 
party in accordance with an established process and, 
prior to taking action(s), considers that party’s 
views and periodically informs that party about ac-
tion(s) taken.
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‘‘(2) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the 
metropolitan planning organization and the Gov-
ernor as defined in section 5203(c) of this title. 
‘‘(3) METROPOLITAN PLANNING ORGANIZATION 
(MPO).—The term ‘metropolitan planning organiza-
tion’ means the Policy Board of the organization 
created as a result of the designation process defined 
in section 5203(b) of this title. 
‘‘(4) NON-METROPOLITAN
AREA.—The term 
‘non-metropolitan area’ means the geographic area 
outside designated metropolitan planning areas. 
‘‘(5) NON-METROPOLITAN
LOCAL
OFFICIAL.—
The term ‘non-metropolitan local official’ means 
elected and appointed officials of general purpose 
local government, in non-metropolitan areas, with ju-
risdiction/responsibility for transportation. 
‘‘(6) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographic area with a population of 
50,000 or more, as designated by the Bureau of the 
Census. 
‘‘(7) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
Puerto Rico.
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§ 5203. Metropolitan transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS.—To accomplish 
the objectives stated in section 5201, metropolitan 
planning organizations designated under subsection 
(b) of this section, in cooperation with the State and 
public transportation operators, shall develop trans-
portation plans for metropolitan planning areas of 
the State. 
‘‘(2) CONTENTS.—The plans for each metro-
politan area shall provide for the development and 
integrated management and operation of transpor-
tation systems and facilities (including pedestrian 
walkways and bicycle transportation facilities) that 
will function as an intermodal transportation system 
for the metropolitan planning area and as an inte-
gral part of an intermodal transportation system for 
the State and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The proc-
ess for developing the plans shall provide for consid-
eration of all modes of transportation and shall be 
continuing, cooperative, and comprehensive to the 
degree appropriate, based on the complexity of the 
transportation problems to be addressed. 
‘‘(4) 
PLANNING
AND
PROJECT
DEVELOP-
MENT.—The metropolitan planning organization, the
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State Department of Transportation, and the appro-
priate public transportation provider shall agree 
upon the approaches that will be used to evaluate al-
ternatives and identify transportation improvements 
that address the most complex problems and press-
ing transportation needs in the metropolitan area. 
‘‘(b) DESIGNATION
OF METROPOLITAN PLANNING 
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a 
metropolitan planning organization (MPO) shall be 
designated for each urbanized area with a population 
of more than 50,000 individuals—
‘‘(A) by agreement between the Governor 
and units of general purpose local government 
that together represent at least 75 percent of 
the affected population (including the largest 
incorporated city (based on population) as 
named by the Bureau of the Census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) STRUCTURE.—Each metropolitan planning 
organization that serves an area identified as a 
transportation management area, when designated
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or redesignated under this subsection, shall consist 
of—
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to interfere with the authority, under any State law 
in effect on December 18, 1991, of a public agency 
with multimodal transportation responsibilities to—
‘‘(A) develop plans and programs for adop-
tion by a metropolitan planning organization; 
and 
‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry 
out other activities pursuant to State law. 
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of a metropolitan planning organization under 
this subsection or any other provision of law shall 
remain in effect until the metropolitan planning or-
ganization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION PROCEDURES.—A metro-
politan planning organization may be redesignated
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by agreement between the Governor and units of 
general purpose local government that together rep-
resent at least 75 percent of the existing planning 
area population (including the largest incorporated 
city (based on population) as named by the Bureau 
of the Census) as appropriate to carry out this sec-
tion. 
‘‘(6) DESIGNATION OF MORE THAN 1 METRO-
POLITAN PLANNING ORGANIZATION.—More than 1 
metropolitan planning organization may be des-
ignated within an existing metropolitan planning 
area only if the Governor and the existing metropoli-
tan planning organization determine that the size 
and complexity of the existing metropolitan planning 
area make designation of more than 1 metropolitan 
planning organization for the area appropriate. 
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.—
‘‘(1) IN GENERAL.—For the purposes of this 
section, the boundaries of a metropolitan planning 
area shall be determined by agreement between the 
metropolitan planning organization and the Gov-
ernor. 
‘‘(2) INCLUDED
AREA.—Each metropolitan 
planning area—