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2004 and $3,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out this section. 
SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘§ 509. National cooperative freight Transportation 
research program 
‘(a) ESTABLISHMENT.—The Secretary shall establish 
and support a national cooperative freight transportation 
research program. 
‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to sup-
port and carry out administrative and management activi-
ties relating to the governance of the national cooperative 
freight transportation research program. 
‘(c) ADVISORY COMMITTEE.—The National Academy 
of Sciences shall select an advisory committee consisting 
of a representative cross-section of freight stakeholders, 
including the Department of Transportation, other Fed-
eral agencies, State transportation departments, local gov-
ernments, nonprofit entities, academia, and the private 
sector.
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‘(d) GOVERNANCE.—The national cooperative freight 
transportation research program established under this 
section shall include the following administrative and man-
agement elements: 
‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall recommend a national research agenda for 
the program. The agenda shall include a multiyear 
strategic plan. 
‘(2) INVOLVEMENT.—Interested parties may—
‘(A) submit research proposals to the advi-
sory committee; 
‘(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 National Academy of 
Sciences may award research contracts and grants 
under the program through open competition and 
merit review conducted on a regular basis. 
‘(4) EVALUATION OF RESEARCH.—
‘(A) PEER
REVIEW.—Research contracts 
and grants under the program may allow peer 
review of the research results.
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‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences may conduct 
periodic programmatic evaluations on a regular 
basis of research contracts and grants. 
‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences 
and seminars, field demonstrations, workshops, 
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, publications for 
the general public, and other appropriate means. 
‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall include research in 
the following areas: 
‘(1) Techniques for estimating and quantifying 
public benefits derived from freight transportation 
projects. 
‘(2) Alternative approaches to calculating the 
contribution of truck and rail traffic to congestion 
on specific highway segments. 
‘(3) The feasibility of consolidating origins and 
destinations for freight movement.
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‘(4) Methods for incorporating estimates of 
international trade into landside transportation plan-
ning. 
‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck-
only traffic. 
‘(6) Development of physical and policy alter-
natives for separating car and truck traffic. 
‘(7) Ways to synchronize infrastructure im-
provements with freight transportation demand. 
‘(8) The effect of changing patterns of freight 
movement on transportation planning decisions re-
lating to rest areas. 
‘(9) Other research areas to identify and ad-
dress the emerging and future research needs re-
lated to freight transportation by all modes. 
‘(f) FUNDING.—
‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be up to 100 percent, and such funds shall re-
main available until expended. 
‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the 
National Academy of Sciences may seek and accept 
additional funding sources from public and private
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entities capable of accepting funding from the De-
partment of Transportation, States, local govern-
ments, nonprofit foundations, and the private sec-
tor.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘509. National cooperative freight transportation research program.’.
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $1,500,000 for fiscal year 
2004 and $4,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out section 509 
of title 23, United States Code. 
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘§ 510. Future strategic highway research program 
‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the American Association of State Highway and 
Transportation Officials, shall establish and carry out, 
acting through the National Research Council of the Na-
tional Academy of Sciences, the future strategic highway 
research program.
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‘(b) COOPERATIVE AGREEMENTS.—The Secretary 
may make grants to, and enter into cooperative agree-
ments with, the American Association of State Highway 
and Transportation Officials and the National Academy 
of Sciences to carry out such activities under this sub-
section as the Secretary determines are appropriate. 
‘(c) PERIOD OF AVAILABILITY.—Funds made avail-
able to carry out this section shall remain available for 
the fiscal year in which such funds are made available and 
the 3 succeeding fiscal years. 
‘(d) PROGRAM PRIORITIES.—
‘(1) PROGRAM
ELEMENTS.—The program es-
tablished under this section shall be based on the 
National Research Council Special Report 260, enti-
tled ‘‘Strategic Highway Research: Saving Lives, Re-
ducing Congestion, Improving Quality of Life’’ and 
the results of the detailed planning work subse-
quently carried out in 2002 and 2003 to identify the 
research areas through National Cooperative Re-
search Program Project 20–58. The research pro-
gram shall include an analysis of the following: 
‘(A) Renewal of aging highway infrastruc-
ture with minimal impact to users of the facili-
ties.
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‘(B) Driving behavior and likely crash 
causal factors to support improved counter-
measures. 
‘(C) Reducing highway congestion due to 
nonrecurring congestion. 
‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs. 
‘(2) DISSEMINATION
OF
RESULTS.—The re-
search results of the program, expressed in terms of 
technologies, methodologies, and other appropriate 
categorizations, shall be disseminated to practicing 
engineers for their use, as soon as practicable. 
‘(e) PROGRAM ADMINISTRATION.—In carrying out 
the program under this section, the National Research 
Council shall ensure, to the maximum extent practicable, 
that—
‘(1) projects and researchers are selected to 
conduct research for the program on the basis of 
merit and open solicitation of proposals and review 
by panels of appropriate experts; 
‘(2) State department of transportation officials 
and other stakeholders, as appropriate, are involved 
in the governance of the program at the overall pro-
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gram level and technical level through the use of ex-
pert panels and committees; 
‘(3) the Council acquires a qualified, permanent 
core staff with the ability and expertise to manage 
the program and multiyear budget; and 
‘(4) there is no duplication of research effort 
between the program and any other research effort 
of the Department. 
‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—
‘(1) REPORT.—The Transportation Research 
Board of the National Research Council shall com-
plete a report on the strategies and administrative 
structure to be used for implementation of the re-
sults of the future strategic highway research pro-
gram. 
‘(2) COMPONENTS.—The report under para-
graph (1) shall include with respect to the pro-
gram—
‘(A) an identification of the most prom-
ising results of research under the program (in-
cluding the persons most likely to use the re-
sults); 
‘(B) a discussion of potential incentives 
for, impediments to, and methods of, imple-
menting those results;
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‘(C) an estimate of costs of implementation 
of those results; and 
‘(D) recommendations on methods by 
which implementation of those results should be 
conducted, coordinated, and supported in future 
years, including a discussion of the administra-
tive structure and organization best suited to 
carry out those recommendations. 
‘(3) CONSULTATION.—In developing the report, 
the Transportation Research Board shall consult 
with a wide variety of stakeholders, including—
‘(A) the Federal Highway Administration; 
‘(B) the National Highway Traffic Safety 
Administration; and 
‘(C) the American Association of State 
Highway and Transportation Officials. 
‘(4) SUBMISSION.—Not later than February 1, 
2009, the report shall be submitted to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘(h) FUNDING.—
‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out using amounts 
made available under a grant or cooperative agree-
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ment under this section shall be 100 percent, and 
such funds shall remain available until expended. 
‘(2) ADVANCE PAYMENTS.—The Secretary may 
make advance payments as necessary to carry out 
the program under this section.’. 
(b) PROGRAMMATIC EVALUATIONS.—Within 3 years 
after the first research and development project grants, 
cooperative agreements, or contracts are awarded under 
section 510 of title 23, United States Code, the Comp-
troller General shall review the program under such sec-
tion, and recommend improvements. The review shall as-
sess the degree to which projects funded under such sec-
tion have addressed the research and development topics 
identified in the Transportation Research Board Special 
Report 260, including identifying those topics which have 
not yet been addressed. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of such title is further amended by adding at 
the end the following:
‘510. Future strategic highway research program.’.
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $17,000,000 for fiscal year 
2004, $60,000,000 for fiscal year 2005, and $63,000,000 
for each of fiscal years 2006 through 2009, shall be avail-
able to carry out section 510 of title 23, United States 
Code.
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SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN-
AGEMENT SYSTEM PROJECT. 
(a) IN GENERAL.—The Secretary shall fund and 
carry out a project to further the development of a com-
prehensive transportation safety information management 
system (in this section referred to as ‘TSIMS’). 
(b) PURPOSES.—The purpose of the TSIMS project 
is to further the development of a software application to 
provide for the collection, integration, management, and 
dissemination of safety data from and for use among State 
and local safety and transportation agencies, including 
driver licensing, vehicle registration, emergency manage-
ment system, injury surveillance, roadway inventory, and 
motor carrier databases. 
(c) FUNDING.—
(1) FEDERAL CONTRIBUTION.—Of the amounts 
made available by section 5101(a)(1) of this Act, 
$1,000,000 for fiscal year 2004 and $3,000,000 for 
fiscal year 2005 shall be available to carry out the 
TSIMS project under this section. 
(2) STATE CONTRIBUTION.—The sums author-
ized in paragraph (1) are intended to supplement 
voluntary contributions to be made by State depart-
ments of transportation and other State safety and 
transportation agencies.
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SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE-
LIEF SOLUTIONS RESEARCH INITIATIVE. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Federal Highway Administration, shall estab-
lish a surface transportation congestion solutions research 
initiative consisting of 2 independent research programs 
described in subsections (b)(1) and (b)(2) and designed 
to develop information to assist State transportation de-
partments and metropolitan planning organizations meas-
ure and address surface transportation congestion prob-
lems. 
(b) SURFACE TRANSPORTATION CONGESTION SOLU-
TIONS RESEARCH PROGRAM.—
(1) IMPROVED SURFACE TRANSPORTATION CON-
GESTION
MANAGEMENT
SYSTEM
MEASURES.—The 
purposes of the first research program established 
under this section shall be—
(A) to examine the effectiveness of surface 
transportation congestion management systems 
since enactment of the Intermodal Surface 
Transportation Assistance Act of 1991 (Public 
Law 102–240); 
(B) to identify best case examples of lo-
cally designed reporting methods and incor-
porate such methods in research on national 
models for developing and recommending im-
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proved surface transportation congestion meas-
urement and reporting; and 
(C) to incorporate such methods in the de-
velopment of national models and methods to 
monitor, measure, and report surface transpor-
tation congestion information. 
(2) ANALYTICAL TECHNIQUES FOR ACTION ON 
SURFACE TRANSPORTATION CONGESTION.—The pur-
poses of the second research program established 
under this section shall be—
(A) to analyze the effectiveness of proce-
dures used by State transportation departments 
and metropolitan planning organizations to as-
sess surface transportation congestion problems 
and communicate those problems to decision-
makers; and 
(B) to identify methods to ensure that the 
results of surface transportation congestion 
analyses will lead to the targeting of funding 
for programs, projects, or services with dem-
onstrated effectiveness in reducing travel delay, 
congestion, and system unreliability. 
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fis-
cal year 2006, the Secretary, acting through the Federal 
Highway Administration, shall develop a technical assist-
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ance and training program to disseminate the results of 
the surface transportation congestion solutions research 
initiative for the purpose of assisting State transportation 
departments and local transportation agencies with im-
proving their approaches to surface transportation conges-
tion measurement, analysis, and project programming. 
(d) FUNDING.—Of the amounts made available by 
sections 5101(a)(1) of this Act, $4,000,000 for fiscal year 
2004 and $11,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out subsections 
(a) and (b). Of the amounts made available by section 
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 
for each of fiscal years 2005 through 2009 shall be avail-
able to carry out subsection (c). 
SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the motor carrier and wireless technology industry, 
shall conduct a study to—
(1) identify inefficiencies in the transportation 
of freight; 
(2) evaluate the safety, productivity, and re-
duced cost improvements that may be achieved 
through the use of wireless technologies to address 
the inefficiencies identified in paragraph (1); and
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(3) conduct, as appropriate, field tests dem-
onstrating the technologies identified in paragraph 
(2). 
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following: 
(1) Fuel monitoring and management systems. 
(2) Electronic document imaging. 
(3) Border pre-clearance systems. 
(4) Radio Frequency Identification technology. 
(5) Electronic manifest systems. 
(6) Cargo theft prevention. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of the study under this section shall be 100 percent. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and transmit to Congress an annual report on the pro-
grams and activities carried out under this section. 
(e) FUNDING.—From funds made available under 
section 5101(a)(1), the Secretary shall make available 
$1,000,000 to the Federal Motor Carrier Safety Adminis-
tration for each of fiscal years 2005 through 2009 to carry 
out this section. 
SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOP-
MENT STRATEGIC PLANNING. 
(a) AMENDMENT.—Section 508 of title 23, United 
States Code, is amended to read as follows:
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‘§ 508. Transportation research and development 
strategic planning 
‘(a) IN GENERAL.—
‘(1) DEVELOPMENT.—Not later than 1 year 
after the date of enactment of the Transportation 
Equity Act: A Legacy for Users, the Secretary shall 
develop a 5-year transportation research and devel-
opment strategic plan to guide Federal transpor-
tation research and development activities. This plan 
shall be consistent with section 306 of title 5, sec-
tions 1115 and 1116 of title 31, and any other re-
search and development plan within the Department 
of Transportation. 
‘(2) CONTENTS.—The strategic plan developed 
under paragraph (1) shall—
‘(A) describe the primary purposes of the 
transportation research and development pro-
gram, which shall include, at a minimum—
‘(i) reducing congestion and improving 
mobility; 
‘(ii) promoting safety; 
‘(iii) promoting security; 
‘(iv) protecting and enhancing the en-
vironment; 
‘(v) preserving the existing transpor-
tation system; and
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‘(vi) improving the durability and ex-
tending the life of transportation infra-
structure; 
‘(B) for each purpose, list the primary re-
search and development topics that the Depart-
ment intends to pursue to accomplish that pur-
pose, which may include the fundamental re-
search in the physical and natural sciences, ap-
plied research, technology development, and so-
cial science research intended for each topic; 
and 
‘(C) for each research and development 
topic, describe—
‘(i) the anticipated annual funding 
levels for the period covered by the stra-
tegic plan; and 
‘(ii) the additional information the 
Department expects to gain at the end of 
the period covered by the strategic plan as 
a result of the research and development in 
that topic area. 
‘(3) CONSIDERATIONS.—In developing the stra-
tegic plan, the Secretary shall ensure that the 
plan—
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‘(A) reflects input from a wide range of 
stakeholders; 
‘(B) includes and integrates the research 
and development programs of all the Depart-
ment’s operating administrations, including 
aviation, transit, rail, and maritime; and 
‘(C) takes into account how research and 
development by other Federal, State, private 
sector, and not-for-profit institutions contrib-
utes to the achievement of the purposes identi-
fied under paragraph (2)(A), and avoids unnec-
essary duplication with these efforts. 
‘(4) PERFORMANCE PLANS AND REPORTS.—In 
reports submitted under sections 1115 and 1116 of 
title 31, the Secretary shall include—
‘(A) a summary of the Federal transpor-
tation research and development activities for 
the previous fiscal year in each topic area; 
‘(B) the amount of funding spent in each 
topic area; 
‘(C) a description of the extent to which 
the research and development is meeting the ex-
pectations set forth in paragraph (2)(C)(ii); and 
‘(D) any amendments to the strategic plan.
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‘(b) The Secretary shall submit to Congress an an-
nual report, along with the President’s annual budget re-
quest, describing the amount spent in the last completed 
fiscal year on transportation research and development 
and the amount proposed in the current budget for trans-
portation research and development. 
‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The 
Secretary shall enter into an agreement for the review by 
the National Research Council of the details of each—
‘(1) strategic plan under section 508; 
‘(2) performance plan required under section 
1115 of title 31; and 
‘(3) program performance report required 
under section 1116 of title 31, 
with respect to transportation research and development.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of such title is amended by striking the item 
related to section 508 and inserting the following:
‘508. Transportation research and development strategic planning.’.
SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRA-
TEGIC HIGHWAY RESEARCH PROGRAM. 
Section 510 of title 23, United States Code, as added 
by section 5209 of this Act, is amended by inserting after 
subsection (f) the following: 
‘(g) LIMITATION OF REMEDIES.—
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‘(1) SAME REMEDY AS IF UNITED STATES.—
The remedy against the United States provided by 
sections 1346(b) and 2672 of title 28 for injury, loss 
of property, personal injury, or death shall apply to 
any claim against the National Academy of Sciences 
for money damages for injury, loss of property, per-
sonal injury, or death caused by any negligent or 
wrongful act or omission by employees and individ-
uals described in paragraph (3) arising from activi-
ties conducted under or in connection with this sec-
tion. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to 
such claim if such claim were against the United 
States. With respect to any such claim, the Sec-
retary shall be treated as the head of the appro-
priate Federal agency for purposes of sections 2672 
and 2675 of title 28. 
‘(2) EXCLUSIVENESS OF REMEDY.—The rem-
edy referred to in paragraph (1) shall be exclusive 
of any other civil action or proceeding for the pur-
pose of determining liability arising from any such 
act or omission without regard to when the act or 
omission occurred. 
‘(3) TREATMENT.—Employees of the National 
Academy of Sciences and other individuals appointed
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by the president of the National Academy of 
Sciences and acting on its behalf in connection with 
activities carried out under this section shall be 
treated as if they are employees of the Federal Gov-
ernment under section 2671 of title 28 for purposes 
of a civil action or proceeding with respect to a claim 
described in paragraph (1). The civil action or pro-
ceeding shall proceed in the same manner as any 
proceeding under chapter 171 of title 28 or action 
against the United States filed pursuant to section 
1346(b) of title 28 and shall be subject to the limita-
tions and exceptions applicable to such a proceeding 
or action. 
‘(4) SOURCES OF PAYMENTS.—Payment of any 
award, compromise, or settlement of a civil action or 
proceeding with respect to a claim described in para-
graph (1) shall be paid first out of insurance main-
tained by the National Academy of Sciences, second 
from funds made available to carry out this section, 
and then from sums made available under section 
1304 of title 31. For purposes of such section, such 
an award, compromise, or settlement shall be 
deemed to be a judgment, award, or settlement pay-
able under section 2414 or 2672 of title 28. The 
Secretary may establish a reserve of funds made
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available to carry out this section for making pay-
ments under this paragraph.’. 
Subtitle C—University Transpor-
tation 
Research; 
Scholarship 
Opportunities 
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS. 
(a) IN GENERAL.—Section 5505 of title 49, United 
States Code, is amended to read as follows: 
‘§ 5505. National university Transportation centers 
‘(a) IN GENERAL.—
‘(1) ESTABLISHMENT
AND
OPERATION.—The 
Secretary of Transportation shall make grants under 
this section to eligible nonprofit institutions of high-
er learning to establish and operate national univer-
sity transportation centers. 
‘(2) ROLE OF CENTERS.—The role of each cen-
ter shall be to advance significantly transportation 
research on critical national transportation issues 
and to expand the workforce of transportation pro-
fessionals. 
‘(b) APPLICABILITY OF REQUIREMENTS.—A grant 
received by an eligible nonprofit institution of higher 
learning under this section shall be available for the same 
purposes, and shall be subject to the same terms and con-
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ditions, as a grant made to a nonprofit institution of high-
er learning under section 5506. 
‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER 
LEARNING DEFINED.—In this section, the term ‘‘eligible 
nonprofit institution of higher learning’’ means each of the 
lead institutions identified in subsections (j)(4)(A), 
(j)(4)(B), and (j)(4)(F) of section 5505 as in effect on 
the day before the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the university re-
ferred to in section 704 of Public Law 103–206 (107 Stat. 
2447), and the university that, as of the day before such 
date of enactment, is the lead institution for the regional 
university transportation center for region 5 of the Stand-
ard Federal Regional Boundary System. 
‘(d) GRANTS.—In each of fiscal years 2004 through 
2009, the Secretary shall make a grant under this section 
to each eligible nonprofit institution of higher learning in 
an amount not to exceed $3,500,000.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by 
striking the item relating to section 5505 and inserting 
the following:
‘5505. National university transportation centers.’.
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. 
(a) IN GENERAL.—Section 5506 of title 49, United 
States Code, is amended to read as follows:
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‘§ 5506. University Transportation research 
‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants under this section to nonprofit institu-
tions of higher learning to establish and operate university 
transportation centers. 
‘(b) OBJECTIVES.—Grants received under this sec-
tion shall be used by nonprofit institutions of higher learn-
ing to advance significantly the state-of-the-art in trans-
portation research and expand the workforce of transpor-
tation professionals through the following programs and 
activities: 
‘(1) RESEARCH.—Basic and applied research, 
the products of which are judged by peers or other 
experts in the field of transportation to advance the 
body of knowledge in transportation. 
‘(2) EDUCATION.—An education program relat-
ing to transportation that includes multidisciplinary 
course work and participation in research. 
‘(3) TECHNOLOGY
TRANSFER.—An ongoing 
program of technology transfer that makes transpor-
tation research results available to potential users in 
a form that can be implemented, utilized, or other-
wise applied. 
‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—
‘(1) IN
GENERAL.—For each of fiscal years 
2004 through 2009, the Secretary shall make grants