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‘‘(A) offers— 
‘‘(i) products and services to the pub-
lic; 
‘‘(ii) 24-hour access to restrooms; and 
‘‘(iii) parking for automobiles and 
heavy trucks; and 
‘‘(B) meets other standards established by 
the Secretary. 
‘‘(b) STANDARDS FOR DESIGNATION.—The standards 
for designation under subsection (a) shall include standards 
relating to— 
‘‘(1) the appearance of a facility; and 
‘‘(2) the proximity of the facility to the Inter-
state System. 
‘‘(c) ELIGIBILITY FOR DESIGNATION.—If a State elects 
to participate in the interstate oasis program, any facility 
meeting the standards established by the Secretary shall be 
eligible for designation under this section. 
‘‘(d) LOGO.—The Secretary shall design a logo to be 
displayed by a facility designated under this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter I of title 23, United States Code (as 
amended by section 1814(b)), is amended by adding at the 
end the following: 
‘‘177. Interstate oasis program.’’.
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SEC. 1816. TRIBAL-STATE ROAD MAINTENANCE AGREE-
MENTS. 
Section 204 of title 23, United States Code (as amend-
ed by section 1806(f)(4)), is amended by adding at the end 
the following: 
‘‘(n) TRIBAL-STATE ROAD MAINTENANCE AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, regulation, policy, or guideline, an 
Indian tribe and a State may enter into a road 
maintenance agreement under which an Indian tribe 
assumes the responsibilities of the State for— 
‘‘(A) Indian reservation roads; and 
‘‘(B) roads providing access to Indian res-
ervation roads. 
‘‘(2) TRIBAL-STATE
AGREEMENTS.—Agreements 
entered into under paragraph (1)— 
‘‘(A) shall be negotiated between the State 
and the Indian tribe; and 
‘‘(B) shall not require the approval of the 
Secretary. 
‘‘(3) ANNUAL REPORT.—Effective beginning with 
fiscal year 2004, the Secretary shall prepare and sub-
mit to Congress an annual report that identifies— 
‘‘(A) the Indian tribes and States that have 
entered into agreements under paragraph (1);
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‘‘(B) the number of miles of roads for which 
Indian tribes have assumed maintenance respon-
sibilities; and 
‘‘(C) the amount of funding transferred to 
Indian tribes for the fiscal year under agree-
ments entered into under paragraph (1).’’. 
SEC. 1817. NATIONAL FOREST SYSTEM ROADS. 
Section 205 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(e) Of the amounts made available for National For-
est System roads, $15,000,000 for each fiscal year shall be 
used by the Secretary of Agriculture to pay the costs of fa-
cilitating the passage of aquatic species beneath roads in 
the National Forest System, including the costs of con-
structing, maintaining, replacing, or removing culverts and 
bridges, as appropriate.’’. 
SEC. 1818. TERRITORIAL HIGHWAY PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by striking section 215 and inserting the 
following: 
‘‘§ 215. Territorial highway program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PROGRAM.—The term ‘program’ means the 
territorial highway program established under sub-
section (b).
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‘‘(2) TERRITORY.—The term ‘territory’ means 
the any of the following territories of the United 
States: 
‘‘(A) American Samoa. 
‘‘(B) The Commonwealth of the Northern 
Mariana Islands. 
‘‘(C) Guam. 
‘‘(D) The United States Virgin Islands. 
‘‘(b) PROGRAM.— 
‘‘(1) IN GENERAL.—Recognizing the mutual ben-
efits that will accrue to the territories and the United 
States from the improvement of highways in the terri-
tories, the Secretary may carry out a program to as-
sist each territorial government in the construction 
and improvement of a system of arterial and collector 
highways, and necessary inter-island connectors, that 
is— 
‘‘(A) designated by the Governor or chief ex-
ecutive officer of each territory; and 
‘‘(B) approved by the Secretary. 
‘‘(2) FEDERAL SHARE.—The Secretary shall pro-
vide Federal financial assistance to territories under 
this section in accordance with section 120(h). 
‘‘(c) TECHNICAL ASSISTANCE.—
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‘‘(1) IN
GENERAL.—To continue a long-range 
highway development program, the Secretary may 
provide technical assistance to the governments of the 
territories to enable the territories to, on a continuing 
basis— 
‘‘(A) engage in highway planning; 
‘‘(B) conduct environmental evaluations; 
‘‘(C) administer right-of-way acquisition 
and relocation assistance programs; and 
‘‘(D) design, construct, operate, and main-
tain a system of arterial and collector highways, 
including necessary inter-island connectors. 
‘‘(2) FORM AND TERMS OF ASSISTANCE.—Tech-
nical assistance provided under paragraph (1), and 
the terms for the sharing of information among terri-
tories receiving the technical assistance, shall be in-
cluded in the agreement required by subsection (e). 
‘‘(d) NONAPPLICABILITY OF CERTAIN PROVISIONS.— 
‘‘(1) IN
GENERAL.—Except to the extent that 
provisions of chapter 1 are determined by the Sec-
retary to be inconsistent with the needs of the terri-
tories and the intent of the program, chapter 1 (other 
than provisions of chapter 1 relating to the appor-
tionment and allocation of funds) shall apply to 
funds authorized to be appropriated for the program.
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‘‘(2) APPLICABLE PROVISIONS.—The specific sec-
tions of chapter 1 that are applicable to each terri-
tory, and the extent of the applicability of those sec-
tion, shall be identified in the agreement required by 
subsection (e). 
‘‘(e) AGREEMENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), none of the funds made available for the 
program shall be available for obligation or expendi-
ture with respect to any territory until the Governor 
or chief executive officer of the territory enters into a 
new agreement with the Secretary (which new agree-
ment shall be entered into not later than 1 year after 
the date of enactment of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of 
2004), providing that the government of the territory 
shall— 
‘‘(A) implement the program in accordance 
with applicable provisions of chapter 1 and sub-
section (d); 
‘‘(B) design and construct a system of arte-
rial and collector highways, including necessary 
inter-island connectors, in accordance with 
standards that are— 
‘‘(i) appropriate for each territory; and
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‘‘(ii) approved by the Secretary; 
‘‘(C) provide for the maintenance of facili-
ties constructed or operated under this section in 
a condition to adequately serve the needs of 
present and future traffic; and 
‘‘(D) implement standards for traffic oper-
ations and uniform traffic control devices that 
are approved by the Secretary. 
‘‘(2) TECHNICAL ASSISTANCE.—The new agree-
ment required by paragraph (1) shall— 
‘‘(A) specify the kind of technical assistance 
to be provided under the program; 
‘‘(B) include appropriate provisions regard-
ing information sharing among the territories; 
and 
‘‘(C) delineate the oversight role and respon-
sibilities of the territories and the Secretary. 
‘‘(3) REVIEW AND REVISION OF AGREEMENT.— 
The new agreement entered into under paragraph (1) 
shall be reevaluated and, as necessary, revised, at 
least every 2 years. 
‘‘(4) EXISTING AGREEMENTS.—With respect to 
an agreement between the Secretary and the Governor 
or chief executive officer of a territory that is in effect 
as of the date of enactment of the Safe, Accountable,
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Flexible, and Efficient Transportation Equity Act of 
2004— 
‘‘(A) the agreement shall continue in force 
until replaced by a new agreement in accordance 
with paragraph (1); and 
‘‘(B) amounts made available for the pro-
gram under the agreement shall be available for 
obligation or expenditure so long as the agree-
ment, or a new agreement under paragraph (1), 
is in effect. 
‘‘(f) PERMISSIBLE USES OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available for 
the program may be used only for the following 
projects and activities carried out in a territory: 
‘‘(A) Eligible surface transportation pro-
gram projects described in section 133(b). 
‘‘(B) Cost-effective, preventive maintenance 
consistent with section 116. 
‘‘(C) Ferry boats, terminal facilities, and 
approaches, in accordance with subsections (b) 
and (c) of section 129. 
‘‘(D) Engineering and economic surveys 
and investigations for the planning, and the fi-
nancing, of future highway programs.
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‘‘(E) Studies of the economy, safety, and 
convenience of highway use. 
‘‘(F) The regulation and equitable taxation 
of highway use. 
‘‘(G) Such research and development as are 
necessary in connection with the planning, de-
sign, and maintenance of the highway system. 
‘‘(2) PROHIBITION ON USE OF FUNDS FOR ROU-
TINE MAINTENANCE.—None of the funds made avail-
able for the program shall be obligated or expended 
for routine maintenance. 
‘‘(g) LOCATION OF PROJECTS.—Territorial highway 
projects (other than those described in paragraphs (1), (3), 
and (4) of section 133(b)) may not be undertaken on roads 
functionally classified as local.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) ELIGIBLE PROJECTS.—Section 103(b)(6) of 
title 23, United States Code, is amended by striking 
subparagraph (P) and inserting the following: 
‘‘(P) Projects eligible for assistance under the ter-
ritorial highway program under section 215.’’. 
(2) FUNDING.—Section 104(b)(1)(A) of title 23, 
United States Code, is amended by striking ‘‘to the 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of Northern Mariana Islands’’ and
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inserting ‘‘for the territorial highway program au-
thorized under section 215’’. 
(3) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by striking 
the item relating to section 215 and inserting the fol-
lowing: 
‘‘215. Territorial highway program.’’. 
SEC. 1819. MAGNETIC LEVITATION TRANSPORTATION TECH-
NOLOGY DEPLOYMENT PROGRAM. 
Section 322 of title 23, United States Code, is amend-
ed— 
(1) in subsection (c)— 
(A) by striking ‘‘Not later than’’ and insert-
ing the following: 
‘‘(1) INITIAL
SOLICITATION.—Not later than’’; 
and 
(B) by adding at the end the following: 
‘‘(2) ADDITIONAL SOLICITATION.—Not later than 
1 year after the date of enactment of this paragraph, 
the Secretary may solicit additional applications 
from States, or authorities designated by 1 or more 
States, for financial assistance authorized by sub-
section (b) for planning, design, and construction of 
eligible MAGLEV projects.’’;
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(2) in subsection (e), by striking ‘‘Prior to solic-
iting applications, the Secretary’’ and inserting ‘‘The 
Secretary’’; 
(3) in subsection (h)— 
(A) in subparagraph (A), by striking clause 
(i) and inserting the following: 
‘‘(i) IN GENERAL.—There is authorized 
to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Ac-
count) to carry out this section $15,000,000 
for each of fiscal years 2004 through 2009.’’; 
and 
(B) in subparagraph (B), by striking clause 
(i) and inserting the following: 
‘‘(i) IN GENERAL.—There are author-
ized to be appropriated from the Highway 
Trust Fund (other than the Mass Transit 
Account) to carry out this section— 
‘‘(I) $375,000,000 for fiscal year 
2004; 
‘‘(II) $400,000,000 for fiscal year 
2005; 
‘‘(III) $415,000,000 for fiscal year 
2006;
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‘‘(IV) $425,000,000 for fiscal year 
2007; 
‘‘(V) $435,000,000 for fiscal year 
2008; and 
‘‘(VI) $450,000,000 for fiscal year 
2009.’’; and 
(4) by striking subsection (i). 
SEC. 1820. DONATIONS AND CREDITS. 
Section 323 of title 23, United States Code, is amend-
ed— 
(1) in the first sentence of subsection (c), by in-
serting ‘‘, or a local government from offering to do-
nate funds, materials, or services performed by local 
government employees,’’ after ‘‘services’’; and 
(2) striking subsection (e). 
SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES. 
(a) GENERAL RULE.—Except to the extent that the 
Secretary determines otherwise, not less than 10 percent of 
the amounts made available for any program under titles 
I, II, and III of this Act shall be expended with small busi-
ness concerns owned and controlled by socially and eco-
nomically disadvantaged individuals. 
(b) DEFINITIONS.—In this section: 
(1) SMALL BUSINESS CONCERN.—
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(A) IN GENERAL.—The term ‘‘small busi-
ness concern’’ has the meaning given the term 
under section 3 of the Small Business Act (15 
U.S.C. 632). 
(B) EXCLUSION.—The term ‘‘small business 
concern’’ does not include any concern or group 
of concerns controlled by the same socially and 
economically disadvantaged individual or indi-
viduals that has average annual gross receipts 
over the preceding 3 fiscal years in excess of 
$17,420,000, as adjusted by the Secretary for in-
flation. 
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
ing given the term under section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations promulgated under that section, 
except that women shall be presumed to be socially 
and economically disadvantaged individuals for the 
purposes of this section. 
(c) ANNUAL LISTING OF DISADVANTAGED BUSINESS 
ENTERPRISES.—Each State shall annually survey and 
compile a list of the small business concerns referred to in 
subsection (a) and the location of such concerns in the State
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and notify the Secretary, in writing, of the percentage of 
such concerns which are controlled by women, by socially 
and economically disadvantaged individuals (other than 
women), and by individuals who are women and are other-
wise socially and economically disadvantaged individuals. 
(d) UNIFORM CERTIFICATION.—The Secretary shall es-
tablish minimum uniform criteria for State governments 
to use in certifying whether a concern qualifies for purposes 
of this section. Such minimum uniform criteria shall in-
clude on-site visits, personal interviews, licenses, analysis 
of stock ownership, listing of equipment, analysis of bond-
ing capacity, listing of work completed, resume of principal 
owners, financial capacity, and type of work preferred. 
(e) COMPLIANCE WITH COURT ORDERS.—Nothing in 
this section limits the eligibility of an entity or person to 
receive funds made available under titles I, III, and V of 
this Act, if the entity or person is prevented, in whole or 
in part, from complying with subsection (a) because a Fed-
eral court issues a final order in which the court finds that 
the requirement of subsection (a), or the program estab-
lished under subsection (a), is unconstitutional. 
SEC. 1822. EMERGENCY RELIEF. 
Section 125(c)(1) of title 23, United States Code, is 
amended 
by 
striking 
$100,000,000’’ 
and 
inserting 
‘‘$300,000,000’’.
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SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICYCLE FACIL-
ITY ENHANCEMENT PROJECTS. 
Section 133(e)(5) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(D) PRIORITY FOR PEDESTRIAN AND BICY-
CLE
FACILITY
ENHANCEMENT
PROJECTS.—The 
Secretary shall encourage States to give priority 
to pedestrian and bicycle facility enhancement 
projects that include a coordinated physical ac-
tivity or healthy lifestyles program.’’. 
SEC. 1824. THE DELTA REGIONAL AUTHORITY. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1814(a)), 
is amended by adding at the end the following: 
‘‘§ 178. Delta Region transportation development pro-
gram 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program to— 
‘‘(1) support and encourage multistate transpor-
tation planning and corridor development; 
‘‘(2) provide for transportation project develop-
ment; 
‘‘(3) facilitate transportation decisionmaking; 
and 
‘‘(4) support transportation construction.
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‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation 
department or metropolitan planning organization may re-
ceive and administer funds provided under the program. 
‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall make 
allocations under the program for multistate highway and 
transit planning, development, and construction projects. 
‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.— 
All activities funded under this program shall be consistent 
with the continuing, cooperative, and comprehensive plan-
ning processes required by section 134 and 135. 
‘‘(e) SELECTION CRITERIA.—The Secretary shall select 
projects to be carried out under the program based on— 
‘‘(1) whether the project is located— 
‘‘(A) in an area that is part of the Delta 
Regional Authority; and 
‘‘(B) on the Federal-aid system; 
‘‘(2) endorsement of the project by the State de-
partment of transportation; and 
‘‘(3) evidence of the ability to complete the 
project. 
‘‘(f) PROGRAM PRIORITIES.—In administering the 
program, the Secretary shall— 
‘‘(1) encourage State and local officials to work 
together to develop plans for multimodal and multi-
jurisdictional transportation decisionmaking; and
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‘‘(2) give priority to projects that emphasize 
multimodal planning, including planning for oper-
ational improvements that— 
‘‘(A) increase the mobility of people and 
goods; 
‘‘(B) improve the safety of the transpor-
tation system with respect to catastrophic— 
‘‘(i) natural disasters; or 
‘‘(ii) disasters caused by human activ-
ity; and 
‘‘(C) contribute to the economic vitality of 
the area in which the project is being carried 
out. 
‘‘(g) FEDERAL SHARE.—Amounts provided by the 
Delta Regional Authority to carry out a project under this 
section shall be applied to the non-Federal share required 
by section 120. 
‘‘(h) AVAILABILITY OF FUNDS.—Amounts made avail-
able to carry out this section shall remain available until 
expended.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code (as amended by 
section 1814(b)), is amended by adding at the end the fol-
lowing: 
‘‘178. Delta Region transportation development program.’’.
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SEC. 1825. MULTISTATE INTERNATIONAL CORRIDOR DEVEL-
OPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program to develop international trade corridors to facili-
tate the movement of freight from international ports of 
entry and inland ports through and to the interior of the 
United States. 
(b) ELIGIBLE RECIPIENTS.—State transportation de-
partments and metropolitan planning organizations shall 
be eligible to receive and administer funds provided under 
the program. 
(c) ELIGIBLE ACTIVITIES.—The Secretary shall make 
allocations under this program for any activity eligible for 
funding under title 23, United States Code, including 
multistate highway and multistate multimodal planning 
and project construction. 
(d) OTHER PROVISIONS REGARDING ELIGIBILITY.— 
All activities funded under this program shall be consistent 
with the continuing, cooperative, and comprehensive plan-
ning processes required by sections 134 and 135 of title 23, 
United States Code. 
(e) SELECTION CRITERIA.—The Secretary shall only 
select projects for corridors— 
(1) that have significant levels or increases in 
truck and traffic volume relating to international 
freight movement;
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(2) connect to at least 1 international terminus 
or inland port; 
(3) traverse at least 3 States; and 
(4) are identified by section 115(c) of the Inter-
modal Transportation Efficiency Act of 1991 (Public 
Law 102–240; 105 Stat. 2032). 
(f) PROGRAM PRIORITIES.—In administering the pro-
gram, the Secretary shall— 
(1) encourage and enable States and other juris-
dictions to work together to develop plans for 
multimodal and multijurisdictional transportation 
decisionmaking; and 
(2) give priority to studies that emphasize 
multimodal planning, including planning for oper-
ational improvements that increase mobility, freight 
productivity, access to marine ports, safety, and secu-
rity while enhancing the environment. 
(g) FEDERAL SHARE.—The Federal share required for 
any study carried out under this section shall be available 
for obligation in the same manner as if the funds were ap-
portioned under chapter I of title 23, United States Code. 
SEC. 1826. AUTHORIZATION OF CONTRACT AUTHORITY FOR 
STATES WITH INDIAN RESERVATIONS. 
Section 1214(d)(5)(A) of the Transportation Equity 
Act for the 21st Century (23 U.S.C. 202 note; 112 Stat.
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206) is amended by striking ‘‘$1,500,000 for each of fiscal 
years 1998 through 2003’’ and inserting ‘‘$1,800,000 for 
each of fiscal years 2004 through 2009’’. 
Subtitle I—Technical Corrections 
SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT. 
(a) LETTING OF CONTRACTS.—Section 112 of title 23, 
United States Code, is amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsection (g) as subsection 
(f). 
(b) FRINGE AND CORRIDOR PARKING FACILITIES.— 
Section 137(a) of title 23, United States Code, is amended 
in the first sentence by striking ‘‘on the Federal-aid urban 
system’’ and inserting ‘‘on a Federal-aid highway’’. 
SEC. 1902. CLARIFICATION OF DATE. 
Section 109(g) of title 23, United States Code, is 
amended in the first sentence by striking ‘‘The Secretary’’ 
and all that follows through ‘‘of 1970’’ and inserting ‘‘Not 
later than January 30, 1971, the Secretary shall issue’’. 
SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDEN-
TIFYING FUNDING SOURCES IN TITLE 23. 
(a) IN GENERAL.—Section 154 of the Federal-Aid 
Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) 
is— 
(1) transferred to title 23, United States Code;
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(2) redesignated as section 321; 
(3) moved to appear after section 320 of that 
title; and 
(4) amended by striking the section heading and 
inserting the following: 
‘‘§ 321. Signs identifying funding sources’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 3 of title 23, United States Code, is amended by 
inserting after the item relating to section 320 the following: 
‘‘321. Signs identifying funding sources.’’. 
SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN 
TITLE 23. 
(a) IN GENERAL.—Section 165 of the Highway Im-
provement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) 
is— 
(1) transferred to title 23, United States Code; 
(2) redesignated as section 313; 
(3) moved to appear after section 312 of that 
title; and 
(4) amended by striking the section heading and 
inserting the following: 
‘‘§ 313. Buy America’’. 
(b) CONFORMING AMENDMENTS.—
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(1) The analysis for chapter 3 of title 23, United 
States Code, is amended by inserting after the item 
relating to section 312 the following: 
‘‘313. Buy America.’’. 
(2) Section 313 of title 23, United States Code 
(as added by subsection (a)), is amended— 
(A) in subsection (a), by striking ‘‘by this 
Act’’ the first place it appears and all that fol-
lows through ‘‘of 1978’’ and inserting ‘‘to carry 
out the Surface Transportation Assistance Act of 
1982 (96 Stat. 2097) or this title’’; 
(B) in subsection (b), by redesignating 
paragraph (4) as paragraph (3); 
(C) in subsection (d), by striking ‘‘this 
Act,’’ and all that follows through ‘‘Code, which’’ 
and inserting ‘‘the Surface Transportation As-
sistance Act of 1982 (96 Stat. 2097) or this title 
that’’; 
(D) by striking subsection (e); and 
(E) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively. 
SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINA-
TION SECTION. 
Section 140 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)—
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(A) in the first sentence, by striking ‘‘sub-
section (a) of section 105 of this title’’ and in-
serting ‘‘section 135’’; 
(B) in the second sentence, by striking ‘‘He’’ 
and inserting ‘‘The Secretary’’; 
(C) in the third sentence, by striking ‘‘where 
he considers it necessary to assure’’ and insert-
ing ‘‘if necessary to ensure’’; and 
(D) in the last sentence— 
(i) by striking ‘‘him’’ and inserting 
‘‘the Secretary’’ and 
(ii) by striking ‘‘he’’ and inserting ‘‘the 
Secretary’’; 
(2) in subsection (b)— 
(A) in the first sentence, by striking ‘‘high-
way construction’’ and inserting ‘‘surface trans-
portation’’; and 
(B) in the second sentence— 
(i) by striking ‘‘as he may deem nec-
essary’’ and inserting ‘‘as necessary’’; and 
(ii) 
by 
striking 
‘‘not 
to 
exceed 
$2,500,000 for the transition quarter ending 
September 30, 1976, and’’; 
(3) in the second sentence of subsection (c)—
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(A) by striking ‘‘subsection 104(b)(3) of this 
title’’ and inserting ‘‘section 104(b)(3)’’; and 
(B) by striking ‘‘he may deem’’; and 
(4) in the heading of subsection (d), by striking 
‘‘AND CONTRACTING’’. 
TITLE II—TRANSPORTATION 
RESEARCH 
Subtitle A—Funding 
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) SURFACE TRANSPORTATION RESEARCH.— 
(A) IN
GENERAL.—For carrying out sec-
tions 502, 503, 506, 507, 508, and 511 of title 
23, United States Code— 
(i) $211,000,000 for each of fiscal 
years 2004 and 2005; 
(ii) $215,000,000 for fiscal year 2006; 
(iii) $218,000,000 for fiscal year 2007; 
(iv) $220,000,000 for fiscal year 2008; 
and 
(v) $223,000,000 for fiscal year 2009. 
(B) SURFACE
TRANSPORTATION-ENVIRON-
MENTAL
COOPERATIVE
RESEARCH
PROGRAM.—
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For each of fiscal years 2004 through 2009, the 
Secretary shall set aside $20,000,000 of the funds 
authorized under subparagraph (A) to carry out 
the surface transportation-environmental cooper-
ative research program under section 507 of title 
23, United States Code. 
(2) TRAINING
AND
EDUCATION.—For carrying 
out section 504 of title 23, United States Code— 
(A) $27,000,000 for fiscal year 2004; 
(B) $28,000,000 for fiscal year 2005; 
(C) $29,000,000 for fiscal year 2006; 
(D) $30,000,000 for fiscal year 2007; 
(E) $31,000,000 for fiscal year 2008; and 
(F) $32,000,000 for fiscal year 2009. 
(3) BUREAU OF TRANSPORTATION STATISTICS.— 
For the Bureau of Transportation Statistics to carry 
out section 111 of title 49, United States Code, 
$28,000,000 for each of fiscal years 2004 through 
2009. 
(4) ITS STANDARDS, RESEARCH, OPERATIONAL 
TESTS, AND DEVELOPMENT.—For carrying out sec-
tions 524, 525, 526, 527, 528, and 529 of title 23, 
United States Code— 
(A) $120,000,000 for fiscal year 2004; 
(B) $123,000,000 for fiscal year 2005;
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(C) $126,000,000 for fiscal year 2006; 
(D) $129,000,000 for fiscal year 2007; 
(E) $132,000,000 for fiscal year 2008; and 
(F) $135,000,000 for fiscal year 2009. 
(5) UNIVERSITY
TRANSPORTATION
CENTERS.— 
For carrying out section 510 of title 23, United States 
Code— 
(A) $40,000,000 for fiscal year 2004; and 
(B) $45,000,000 for each of fiscal years 
2005 through 2009. 
(b) APPLICABILITY
OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by subsection 
(a)— 
(1) shall be available for obligation in the same 
manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the 
Federal share of the cost of a project or activity car-
ried out using the funds shall be the share applicable 
under section 120(b) of title 23, United States Code, 
as adjusted under subsection (d) of that section (un-
less otherwise specified or otherwise determined by the 
Secretary); and 
(2) shall remain available until expended. 
(c) ALLOCATIONS.—
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(1) SURFACE TRANSPORTATION RESEARCH.—Of 
the amounts made available under subsection (a)(1)— 
(A) $27,000,000 for each of fiscal years 
2004 through 2009 shall be available to carry 
out advanced, high-risk, long-term research 
under section 502(d) of title 23, United States 
Code; 
(B) $18,000,000 for fiscal years 2004 and 
2005, 
$17,000,000 
for 
fiscal 
year 
2006, 
$15,000,000 for fiscal year 2007, $12,000,000 for 
fiscal year 2008, and $10,00,000 for fiscal year 
2009 shall be available to carry out the long- 
term pavement performance program under sec-
tion 502(e) of that title; 
(C) $6,000,000 for each of fiscal years 2004 
through 2009 shall be available to carry out the 
high-performance concrete bridge research and 
technology transfer program under section 502(i) 
of that title; 
(D) $6,000,000 for each of fiscal years 2004 
through 2009 shall be made available to carry 
out research on asphalt used in highway pave-
ments;
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(E) $6,000,000 for each of fiscal years 2004 
through 2009 shall be made available to carry 
out research on concrete pavements; 
(F) $3,000,000 for each of fiscal years 2004 
through 2009 shall be made available to carry 
out research on aggregates used in highway 
pavements; 
(G) $4,750,000 for each of fiscal years 2004 
through 2009 shall be made available for further 
development and deployment of techniques to 
prevent and mitigate alkali silica reactivity; 
(H) $2,000,000 for fiscal year 2005 shall be 
remain available until expended for asphalt and 
asphalt-related reclamation research at the South 
Dakota School of Mines; and 
(I) $3,000,000 for each of fiscal years 2004 
through 2009 shall be made available to carry 
out section 502(f)(3) of title 23, United States 
Code. 
(2) TECHNOLOGY
APPLICATION
PROGRAM.—Of 
the amounts made available under subsection (a)(1), 
$60,000,000 for each of fiscal years 2004 through 
2009 shall be available to carry out section 503 of 
title 23, United States Code.
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(3) TRAINING AND EDUCATION.—Of the amounts 
made available under subsection (a)(2)— 
(A) $12,000,000 for fiscal year 2004, 
$12,500,000 for fiscal year 2005, $13,000,000 for 
fiscal year 2006, $13,500,000 for fiscal year 
2007, $14,000,000 for fiscal year 2008, and 
$14,500,000 for fiscal year 2009 shall be avail-
able to carry out section 504(a) of title 23, 
United States Code (relating to the National 
Highway Institute); 
(B) $15,000,000 for each of fiscal years 
2004 through 2009 shall be available to carry 
out section 504(b) of that title (relating to local 
technical assistance); and 
(C) $3,000,000 for each of fiscal years 2004 
through 2009 shall be available to carry out sec-
tion 504(c)(2) of that title (relating to the Eisen-
hower Transportation Fellowship Program). 
(4) INTERNATIONAL HIGHWAY TRANSPORTATION 
OUTREACH PROGRAM.—Of the amounts made avail-
able under subsection (a)(1), $500,000 for each of fis-
cal years 2004 through 2009 shall be available to 
carry out section 506 of title 23, United States Code. 
(5) NEW STRATEGIC HIGHWAY RESEARCH PRO-
GRAM.—For each of fiscal years 2004 through 2009,
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to carry out section 509 of title 23, United States 
Code, the Secretary shall set aside— 
(A) $15,000,000 of the amounts made avail-
able to carry out the interstate maintenance pro-
gram under section 119 of title 23, United States 
Code, for the fiscal year; 
(B) $19,000,000 of the amounts made avail-
able for the National Highway System under 
section 101 of title 23, United States Code, for 
the fiscal year; 
(C) $13,000,000 of the amounts made avail-
able to carry out the bridge program under sec-
tion 144 of title 23, United States Code, for the 
fiscal year; 
(D) $20,000,000 of the amounts made avail-
able to carry out the surface transportation pro-
gram under section 133 of title 23, United States 
Code, for the fiscal year; 
(E) $5,000,000 of the amounts made avail-
able to carry out the congestion mitigation and 
air quality improvement program under section 
149 of title 23, United States Code, for the fiscal 
year; and 
(F) $3,000,000 of the amounts made avail-
able to carry out the highway safety improve-
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ment program under section 148 of title 23, 
United States Code, for the fiscal year. 
(6) COMMERCIAL VEHICLE INTELLIGENT TRANS-
PORTATION SYSTEM INFRASTRUCTURE PROGRAM.—Of 
the amounts made available under subsection (a)(4), 
not less than $30,000,000 for each of fiscal years 2004 
through 2009 shall be available to carry out section 
527 of title 23, United States Code. 
(d) TRANSFERS
OF
FUNDS.—The Secretary may 
transfer— 
(1) to an amount made available under para-
graphs (1), (2), or (4) of subsection (c), not to exceed 
10 percent of the amount allocated for a fiscal year 
under any other of those paragraphs; and 
(2) to an amount made available under subpara-
graphs (A), (B), or (C) of subsection (c)(3), not to ex-
ceed 10 percent of the amount allocated for a fiscal 
year under any other of those subparagraphs. 
SEC. 2002. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total 
of all obligations from amounts made available from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) by section 2001(a) shall not exceed— 
(1) $426,200,000 for fiscal year 2004; 
(2) $435,200,000 for fiscal year 2005;
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(3) $443,200,000 for fiscal year 2006; 
(4) $450,200,000 for fiscal year 2007; 
(5) $456,200,000 for fiscal year 2008; and 
(6) $463,200,000 for fiscal year 2009. 
SEC. 2003. NOTICE. 
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized for carrying out this title or the amendments made 
by this title are subject to a reprogramming action that re-
quires notice to be provided to the Committee on Appropria-
tions of the House of Representatives and the Committee 
on Appropriations of the Senate, notice of that action shall 
be concurrently provided to the Committee on Transpor-
tation and Infrastructure and the Committee on Science of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate. 
(b) NOTICE OF REORGANIZATION.—On or before the 
15th day preceding the date of any major reorganization 
of a program, project, or activity of the Department of 
Transportation for which funds are authorized by this title 
or the amendments made by this title, the Secretary shall 
provide notice of the reorganization to the Committee on 
Transportation and Infrastructure and the Committee on 
Science of the House of Representatives and the Committee 
on Environment and Public Works of the Senate.
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Subtitle B—Research and 
Technology 
SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is amended to read as follows: 
‘‘CHAPTER 5—RESEARCH AND 
TECHNOLOGY 
‘‘SUBCHAPTER I—SURFACE TRANSPORTATION 
‘‘Sec. 
‘‘501. Definitions. 
‘‘502. Surface transportation research. 
‘‘503. Technology application program. 
‘‘504. Training and education. 
‘‘505. State planning and research. 
‘‘506. International highway transportation outreach program. 
‘‘507. Surface transportation-environmental cooperative research program. 
‘‘508. Surface transportation research technology deployment and strategic plan-
ning. 
‘‘509. New strategic highway research program. 
‘‘510. University transportation centers. 
‘‘511. Multistate corridor operations and management. 
‘‘512. Transportation analysis simulation system. 
‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEM 
RESEARCH AND TECHNICAL ASSISTANCE PROGRAM 
‘‘521. Finding. 
‘‘522. Goals and purposes. 
‘‘523. Definitions. 
‘‘524. General authorities and requirements. 
‘‘525. National ITS Program Plan. 
‘‘526. National ITS architecture and standards. 
‘‘527. Commercial vehicle intelligent transportation system infrastructure pro-
gram. 
‘‘528. Research and development. 
‘‘529. Use of funds. 
‘‘SUBCHAPTER I—SURFACE TRANSPORTATION 
‘‘§ 501. Definitions 
‘‘In this subchapter:
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‘‘(1) FEDERAL LABORATORY.—The term ‘Federal 
laboratory’ includes— 
‘‘(A) a Government-owned, Government-op-
erated laboratory; and 
‘‘(B) a Government-owned, contractor-oper-
ated laboratory. 
‘‘(2) SAFETY.—The term ‘safety’ includes high-
way and traffic safety systems, research, and develop-
ment relating to— 
‘‘(A) vehicle, highway, driver, passenger, bi-
cyclist, and pedestrian characteristics; 
‘‘(B) accident investigations; 
‘‘(C) integrated, interoperable emergency 
communications; 
‘‘(D) emergency medical care; and 
‘‘(E) transportation of the injured. 
‘‘§ 502. Surface transportation research 
‘‘(a) IN GENERAL.— 
‘‘(1) RESEARCH, 
DEVELOPMENT, 
AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may 
carry out research, development, and technology 
transfer activities with respect to— 
‘‘(A) all phases of transportation planning 
and development (including new technologies, 
construction, transportation systems manage-
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ment and operations development, design, main-
tenance, safety, security, financing, data collec-
tion 
and 
analysis, 
demand 
forecasting, 
multimodal assessment, and traffic conditions); 
and 
‘‘(B) the effect of State laws on the activities 
described in subparagraph (A). 
‘‘(2) TESTS AND DEVELOPMENT.—The Secretary 
may test, develop, or assist in testing and developing, 
any material, invention, patented article, or process. 
‘‘(3) COOPERATION, GRANTS, AND CONTRACTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
carry out this section— 
‘‘(i) independently; 
‘‘(ii) in cooperation with— 
‘‘(I) any other Federal agency or 
instrumentality; and 
‘‘(II) any Federal laboratory; or 
‘‘(iii) by making grants to, or entering 
into contracts, cooperative agreements, and 
other transactions with— 
‘‘(I) the National Academy of 
Sciences;
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‘‘(II) the American Association of 
State Highway and Transportation 
Officials; 
‘‘(III) planning organizations; 
‘‘(IV) a Federal laboratory; 
‘‘(V) a State agency; 
‘‘(VI) an authority, association, 
institution, or organization; 
‘‘(VII) a for-profit or nonprofit 
corporation; 
‘‘(VIII) a foreign country; or 
‘‘(IX) any other person. 
‘‘(B) COMPETITION; REVIEW.—All parties 
entering into contracts, cooperative agreements 
or other transactions with the Secretary, or re-
ceiving grants, to perform research or provide 
technical assistance under this section shall be 
selected, to the maximum extent practicable and 
appropriate— 
‘‘(i) on a competitive basis; and 
‘‘(ii) on the basis of the results of peer 
review of proposals submitted to the Sec-
retary. 
‘‘(4) TECHNOLOGICAL
INNOVATION.—The pro-
grams and activities carried out under this section
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shall be consistent with the surface transportation re-
search and technology development strategic plan de-
veloped under section 508(c). 
‘‘(5) FUNDS.— 
‘‘(A) SPECIAL
ACCOUNT.—In addition to 
other funds made available to carry out this sec-
tion, the Secretary shall use such funds as may 
be deposited by any cooperating organization or 
person in a special account of the Treasury es-
tablished for this purpose. 
‘‘(B) USE OF FUNDS.—The Secretary shall 
use funds made available to carry out this sec-
tion to develop, administer, communicate, and 
promote the use of products of research, develop-
ment, and technology transfer programs under 
this section. 
‘‘(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.— 
‘‘(1) IN GENERAL.—To encourage innovative so-
lutions to surface transportation problems and stimu-
late the deployment of new technology, the Secretary 
may carry out, on a cost-shared basis, collaborative 
research and development with— 
‘‘(A) non-Federal entities (including State 
and local governments, foreign governments, col-
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leges and universities, corporations, institutions, 
partnerships, sole proprietorships, and trade as-
sociations that are incorporated or established 
under the laws of any State); and 
‘‘(B) Federal laboratories. 
‘‘(2) AGREEMENTS.—In carrying out this sub-
section, the Secretary may enter into cooperative re-
search and development agreements (as defined in sec-
tion 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a)). 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of activities carried out under a coopera-
tive research and development agreement entered 
into under this subsection shall not exceed 50 
percent, except that if there is substantial public 
interest or benefit, the Secretary may approve a 
greater Federal share. 
‘‘(B) NON-FEDERAL SHARE.—All costs di-
rectly incurred by the non-Federal partners, in-
cluding personnel, travel, and hardware develop-
ment costs, shall be credited toward the non-Fed-
eral share of the cost of the activities described 
in subparagraph (A).
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‘‘(4) USE OF TECHNOLOGY.—The research, devel-
opment, or use of a technology under a cooperative re-
search and development agreement entered into under 
this subsection, including the terms under which the 
technology may be licensed and the resulting royalties 
may be distributed, shall be subject to the Stevenson- 
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.). 
‘‘(5) 
WAIVER
OF
ADVERTISING
REQUIRE-
MENTS.—Section 3709 of the Revised Statutes (41 
U.S.C. 5) shall not apply to a contract or agreement 
entered into under this chapter. 
‘‘(c) CONTENTS OF RESEARCH PROGRAM.—The Sec-
retary shall include as priority areas of effort within the 
surface transportation research program— 
‘‘(1) the development of new technologies and 
methods in materials, pavements, structures, design, 
and construction, with the objectives of— 
‘‘(A)(i) increasing to 50 years the expected 
life of pavements; 
‘‘(ii) increasing to 100 years the expected 
life of bridges; and 
‘‘(iii) significantly increasing the durability 
of other infrastructure;
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‘‘(B) lowering the life-cycle costs, includ-
ing— 
‘‘(i) construction costs; 
‘‘(ii) maintenance costs; 
‘‘(iii) operations costs; and 
‘‘(vi) user costs. 
‘‘(2) the development, and testing for effective-
ness, of nondestructive evaluation technologies for 
civil infrastructure using existing and new tech-
nologies; 
‘‘(3) the investigation of— 
‘‘(A) the application of current natural haz-
ard mitigation techniques to manmade hazards; 
and 
‘‘(B) the continuation of hazard mitigation 
research combining manmade and natural haz-
ards; 
‘‘(4) the improvement of safety— 
‘‘(A) at intersections; 
‘‘(B) with respect to accidents involving ve-
hicles run off the road; and 
‘‘(C) on rural roads; 
‘‘(5) the reduction of work zone incursions and 
improvement of work zone safety;
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‘‘(6) the improvement of geometric design of 
roads for the purpose of safety; 
‘‘(7) the examination of data collected through 
the national bridge inventory conducted under section 
144 using the national bridge inspection standards 
established under section 151, with the objectives of 
determining whether— 
‘‘(A) the most useful types of data are being 
collected; and 
‘‘(B) any improvement could be made in the 
types of data collected and the manner in which 
the data is collected, with respect to bridges in 
the United States; 
‘‘(8) the improvement of the infrastructure in-
vestment needs report described in subsection (g) 
through— 
‘‘(A) the study and implementation of new 
methods of collecting better quality data, par-
ticularly with respect to performance, congestion, 
and infrastructure conditions; 
‘‘(B) monitoring of the surface transpor-
tation system in a system-wide manner, through 
the use of—
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‘‘(i) intelligent transportation system 
technologies of traffic operations centers; 
and 
‘‘(ii) other new data collection tech-
nologies as sources of better quality per-
formance data; 
‘‘(C) the determination of the critical 
metrics that should be used to determine the con-
dition and performance of the surface transpor-
tation system; and 
‘‘(D) the study and implementation of new 
methods of statistical analysis and computer 
models to improve the prediction of future infra-
structure investment requirements; 
‘‘(9) the development of methods to improve the 
determination of benefits from infrastructure im-
provements, including— 
‘‘(A) more accurate calculations of benefit- 
to-cost ratios, considering benefits and impacts 
throughout local and regional transportation sys-
tems; 
‘‘(B) improvements in calculating life-cycle 
costs; and 
‘‘(C) valuation of assets;
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‘‘(10) the improvement of planning processes to 
better predict outcomes of transportation projects, in-
cluding the application of computer simulations in 
the planning process to predict outcomes of planning 
decisions; 
‘‘(11) the multimodal applications of Geographic 
Information Systems and remote sensing, including 
such areas of application as— 
‘‘(A) planning; 
‘‘(B) environmental decisionmaking and 
project delivery; and 
‘‘(C) freight movement; 
‘‘(12) the development and application of meth-
ods of providing revenues to the Highway Trust Fund 
with the objective of offsetting potential reductions in 
fuel tax receipts; 
‘‘(13) the development of tests and methods to de-
termine the benefits and costs to communities of 
major transportation investments and projects; 
‘‘(14) the conduct of extreme weather research, 
including research to— 
‘‘(A) reduce contraction and expansion 
damage; 
‘‘(B) reduce or repair road damage caused 
by freezing and thawing;
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‘‘(C) improve deicing or snow removal tech-
niques; 
‘‘(D) develop better methods to reduce the 
risk of thermal collapse, including collapse from 
changes in underlying permafrost; 
‘‘(E) improve concrete and asphalt installa-
tion in extreme weather conditions; and 
‘‘(F) make other improvements to protect 
highway infrastructure or enhance highway safe-
ty or performance; 
‘‘(15) the improvement of surface transportation 
planning; 
‘‘(16) environmental research; 
‘‘(17) transportation system management and 
operations; and 
‘‘(18) any other surface transportation research 
topics that the Secretary determines, in accordance 
with the strategic planning process under section 508, 
to be critical. 
‘‘(d) ADVANCED, HIGH-RISK RESEARCH.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and carry out, in accordance with the surface trans-
portation research and technology development stra-
tegic plan developed under section 508(c) and re-
search priority areas described in subsection (c), an
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advanced research program that addresses longer- 
term, higher-risk research with potentially dramatic 
breakthroughs for improving the durability, efficiency, 
environmental impact, productivity, and safety (in-
cluding bicycle and pedestrian safety) aspects of high-
way and intermodal transportation systems. 
‘‘(2) PARTNERSHIPS.—In carrying out the pro-
gram, the Secretary shall seek to develop partnerships 
with the public and private sectors. 
‘‘(3) REPORT.—The Secretary shall include in 
the strategic plan required under section 508(c) a de-
scription of each of the projects, and the amount of 
funds expended for each project, carried out under 
this subsection during the fiscal year. 
‘‘(e) LONG-TERM
PAVEMENT
PERFORMANCE
PRO-
GRAM.— 
‘‘(1) AUTHORITY.—The Secretary shall continue, 
through September 30, 2009, the long-term pavement 
performance program tests, monitoring, and data 
analysis. 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary shall 
make grants and enter into cooperative agreements 
and contracts to—
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‘‘(A) monitor, material-test, and evaluate 
highway test sections in existence as of the date 
of the grant, agreement, or contract; 
‘‘(B) analyze the data obtained in carrying 
out subparagraph (A); and 
‘‘(C) prepare products to fulfill program ob-
jectives and meet future pavement technology 
needs. 
‘‘(3) CONCLUSION OF PROGRAM.— 
‘‘(A) SUMMARY
REPORT.—The Secretary 
shall include in the strategic plan required under 
section 508(c) a report on the initial conclusions 
of the long-term pavement performance program 
that includes— 
‘‘(i) an analysis of any research objec-
tives that remain to be achieved under the 
program; 
‘‘(ii) an analysis of other associated 
longer-term expenditures under the program 
that are in the public interest; 
‘‘(iii) a detailed plan regarding the 
storage, maintenance, and user support of 
the database, information management sys-
tem, and materials reference library of the 
program;
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HR 3550 EAS 
‘‘(iv) a schedule for continued imple-
mentation of the necessary data collection 
and analysis and project plan under the 
program; and 
‘‘(v) an estimate of the costs of car-
rying out each of the activities described in 
clauses (i) through (iv) for each fiscal year 
during which the program is carried out. 
‘‘(B) DEADLINE; 
USEFULNESS
OF
AD-
VANCES.—The Secretary shall, to the maximum 
extent practicable— 
‘‘(i) ensure that the long-term pave-
ment performance program is concluded not 
later than September 30, 2009; and 
‘‘(ii) make such allowances as are nec-
essary to ensure the usefulness of the techno-
logical advances resulting from the pro-
gram. 
‘‘(f) SEISMIC RESEARCH.—The Secretary shall— 
‘‘(1) in consultation and cooperation with Fed-
eral agencies participating in the National Earth-
quake Hazards Reduction Program established by sec-
tion 5 of the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7704), coordinate the conduct of seis-
mic research;
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‘‘(2) take such actions as are necessary to ensure 
that the coordination of the research is consistent 
with— 
‘‘(A) planning and coordination activities 
of the Director of the Federal Emergency Man-
agement Agency under section 5(b)(1) of that Act 
(42 U.S.C. 7704(b)(1)); and 
‘‘(B) the plan developed by the Director of 
the Federal Emergency Management Agency 
under section 8(b) of that Act (42 U.S.C. 
7705b(b)); and 
‘‘(3) in cooperation with the Center for Civil En-
gineering Research at the University of Nevada, Reno, 
carry out a seismic research program— 
‘‘(A) to study the vulnerability of the Fed-
eral-aid highway system and other surface trans-
portation systems to seismic activity; 
‘‘(B) to develop and implement cost-effective 
methods to reduce the vulnerability; and 
‘‘(C) to conduct seismic research and up-
grade earthquake simulation facilities as nec-
essary to carry out the program. 
‘‘(g) INFRASTRUCTURE
INVESTMENT
NEEDS
RE-
PORT.—
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‘‘(1) IN
GENERAL.—Not later than July 31, 
2004, and July 31 of every second year thereafter, the 
Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives a report that describes— 
‘‘(A) estimates of the future highway and 
bridge needs of the United States; and 
‘‘(B) the backlog of current highway and 
bridge needs. 
‘‘(2) COMPARISON WITH PRIOR REPORTS.—Each 
report under paragraph (1) shall provide the means, 
including all necessary information, to relate and 
compare the conditions and service measures used in 
the previous biennial reports. 
‘‘(h) SECURITY RELATED RESEARCH
AND TECH-
NOLOGY TRANSFER ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 
2004, the Secretary, in consultation with the Sec-
retary of Homeland Security, with key stakeholder 
input (including State transportation departments) 
shall develop a 5-year strategic plan for research and 
technology transfer and deployment activities per-
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HR 3550 EAS 
taining to the security aspects of highway infrastruc-
ture and operations. 
‘‘(2) COMPONENTS OF PLAN.—The plan shall in-
clude— 
‘‘(A) an identification of which agencies are 
responsible for the conduct of various research 
and technology transfer activities; 
‘‘(B) a description of the manner in which 
those activities will be coordinated; and 
‘‘(C) a description of the process to be used 
to ensure that the advances derived from relevant 
activities supported by the Federal Highway Ad-
ministration are consistent with the operational 
guidelines, policies, recommendations, and regu-
lations of the Department of Homeland Security; 
and 
‘‘(D) a systematic evaluation of the research 
that should be conducted to address, at a min-
imum— 
‘‘(i) vulnerabilities of, and measures 
that may be taken to improve, emergency 
response capabilities and evacuations; 
‘‘(ii) recommended upgrades of traffic 
management during crises;
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‘‘(iii) integrated, interoperable emer-
gency communications among the public, 
the military, law enforcement, fire and 
emergency medical services, and transpor-
tation agencies; 
‘‘(iv) protection of critical, security-re-
lated infrastructure; and 
‘‘(v) structural reinforcement of key fa-
cilities. 
‘‘(3) SUBMISSION.—On completion of the plan 
under this subsection, the Secretary shall submit to 
the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives— 
‘‘(A) a copy of the plan developed under 
paragraph (1); and 
‘‘(B) a copy of a memorandum of under-
standing specifying coordination strategies and 
assignment of responsibilities covered by the plan 
that is signed by the Secretary and the Secretary 
of Homeland Security. 
‘‘(i) HIGH-PERFORMANCE CONCRETE BRIDGE RE-
SEARCH AND TECHNOLOGY TRANSFER PROGRAM.—In ac-
cordance with the objectives described in subsection (c)(1) 
and the requirements under sections 503(b)(4) and 504(b),
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HR 3550 EAS 
the Secretary shall carry out a program to demonstrate the 
application of high-performance concrete in the construc-
tion and rehabilitation of bridges. 
‘‘(j) BIOBASED TRANSPORTATION RESEARCH.—There 
shall be available from the Highway Trust Fund (other 
than the Mass Transit Account) $18,000,000 for each of fis-
cal years 2004 through 2009 equally divided and available 
to carry out biobased research of national importance at 
the National Biodiesel Board and at research centers identi-
fied in section 9011 of Public Law 107–171. 
‘‘§ 503. Technology application program 
‘‘(a) TECHNOLOGY APPLICATION INITIATIVES
AND 
PARTNERSHIPS PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary, in con-
sultation with interested stakeholders, shall develop 
and administer a national technology and innovation 
application initiatives and partnerships program. 
‘‘(2) PURPOSE.—The purpose of the program 
shall be to significantly accelerate the adoption of 
technology and innovation by the surface transpor-
tation community. 
‘‘(3) APPLICATION GOALS.— 
‘‘(A) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of the Safe, Ac-
countable, Flexible, and Efficient Transportation
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HR 3550 EAS 
Equity Act of 2004, the Secretary, in consulta-
tion with the Surface Transportation Research 
Technology Advisory Committee, State transpor-
tation departments, and other interested stake-
holders, shall establish, as part of the surface 
transportation research and technology develop-
ment strategic plan under section 508(c), goals 
to carry out paragraph (1). 
‘‘(B) DESIGN.—Each of the goals and the 
program developed to achieve the goals shall be 
designed to provide tangible benefits, with respect 
to transportation systems, in the areas of effi-
ciency, safety, reliability, service life, environ-
mental protection, and sustainability. 
‘‘(C) STRATEGIES FOR ACHIEVEMENT.—For 
each goal, the Secretary, in cooperation with rep-
resentatives of the transportation community, 
such as States, local governments, the private 
sector, and academia, shall use domestic and 
international technology to develop strategies 
and initiatives to achieve the goal, including 
technical assistance in deploying technology and 
mechanisms for sharing information among pro-
gram participants.
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‘‘(4) INTEGRATION
WITH
OTHER
PROGRAMS.— 
The Secretary shall integrate activities carried out 
under this subsection with the efforts of the Secretary 
to— 
‘‘(A) disseminate the results of research 
sponsored by the Secretary; and 
‘‘(B) facilitate technology transfer. 
‘‘(5) LEVERAGING OF FEDERAL RESOURCES.—In 
selecting projects to be carried out under this sub-
section, the Secretary shall give preference to projects 
that leverage Federal funds with other significant 
public or private resources. 
‘‘(6) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary may 
make grants and enter into cooperative agreements 
and contracts to foster alliances and support efforts to 
stimulate advances in transportation technology. 
‘‘(7) REPORTS.—The results and progress of ac-
tivities carried out under this section shall be pub-
lished as part of the annual transportation research 
report prepared by the Secretary under section 
508(c)(5). 
‘‘(8) ALLOCATION.—To the extent appropriate to 
achieve the goals established under paragraph (3), the 
Secretary may further allocate funds made available
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to carry out this section to States for use by those 
States. 
‘‘(b) INNOVATIVE SURFACE TRANSPORTATION INFRA-
STRUCTURE RESEARCH AND CONSTRUCTION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and carry out a program for the application of inno-
vative material, design, and construction technologies 
in the construction, preservation, and rehabilitation 
of elements of surface transportation infrastructure. 
‘‘(2) GOALS.—The goals of the program shall in-
clude— 
‘‘(A) the development of new, cost-effective, 
and innovative materials; 
‘‘(B) the reduction of maintenance costs and 
life-cycle costs of elements of infrastructure, in-
cluding the costs of new construction, replace-
ment, and rehabilitation; 
‘‘(C) the development of construction tech-
niques to increase safety and reduce construction 
time and traffic congestion; 
‘‘(D) the development of engineering design 
criteria for innovative products and materials 
for use in surface transportation infrastructure;
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‘‘(E) the development of highway bridges 
and structures that will withstand natural disas-
ters and disasters caused by human activity; and 
‘‘(F) the development of new, nondestructive 
technologies and techniques for the evaluation of 
elements of transportation infrastructure. 
‘‘(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— 
‘‘(i) States, other Federal agencies, 
universities and colleges, private sector enti-
ties, and nonprofit organizations, to pay the 
Federal share of the cost of research, devel-
opment, and technology transfer concerning 
innovative materials and methods; and 
‘‘(ii) States, to pay the Federal share 
of the cost of repair, rehabilitation, replace-
ment, and new construction of elements of 
surface transportation infrastructure that 
demonstrate the application of innovative 
materials and methods. 
‘‘(B) APPLICATIONS.—
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‘‘(i) IN GENERAL.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit to the Sec-
retary an application in such form and 
containing such information as the Sec-
retary may require. 
‘‘(ii) APPROVAL.—The Secretary shall 
select and approve an application based on 
whether the proposed project that is the sub-
ject of the application would meet the goals 
described in paragraph (2). 
‘‘(4) TECHNOLOGY
AND
INFORMATION
TRANS-
FER.—The Secretary shall take such action as is nec-
essary to— 
‘‘(A) 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 in-
terested parties, as specified by the Secretary; 
and 
‘‘(B) encourage the use of the information 
and technology. 
‘‘(5) FEDERAL SHARE.—The Federal share of the 
cost of a project under this section shall be determined 
by the Secretary.
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‘‘§ 504. Training and education 
‘‘(a) NATIONAL HIGHWAY INSTITUTE.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) operate, in the Federal Highway Ad-
ministration, a National Highway Institute (re-
ferred to in this subsection as the ‘Institute’); 
and 
‘‘(B) administer, through the Institute, the 
authority vested in the Secretary by this title or 
by any other law for the development and con-
duct of education and training programs relat-
ing to highways. 
‘‘(2) DUTIES OF THE INSTITUTE.—In coopera-
tion with State transportation departments, indus-
tries in the United States, and national or inter-
national entities, the Institute shall develop and ad-
minister education and training programs of instruc-
tion for— 
‘‘(A) Federal Highway Administration, 
State, and local transportation agency employ-
ees; 
‘‘(B) regional, State, and metropolitan 
planning organizations; 
‘‘(C) State and local police, public safety, 
and motor vehicle employees; and
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‘‘(D) United States citizens and foreign na-
tionals engaged or to be engaged in surface 
transportation work of interest to the United 
States. 
‘‘(3) COURSES.— 
‘‘(A) IN GENERAL.—The Institute shall— 
‘‘(i) develop or update existing courses 
in asset management, including courses that 
include such components as— 
‘‘(I) the determination of life-cycle 
costs; 
‘‘(II) the valuation of assets; 
‘‘(III) benefit-to-cost ratio calcula-
tions; and 
‘‘(IV) 
objective 
decisionmaking 
processes for project selection; and 
‘‘(ii) continually develop courses relat-
ing to the application of emerging tech-
nologies for— 
‘‘(I) transportation infrastructure 
applications and asset management; 
‘‘(II) 
intelligent 
transportation 
systems; 
‘‘(III) operations (including secu-
rity operations);
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‘‘(IV) the collection and archiving 
of data; 
‘‘(V) expediting the planning and 
development of transportation projects; 
and 
‘‘(VI) the intermodal movement of 
individuals and freight. 
‘‘(B) ADDITIONAL
COURSES.—In addition 
to the courses developed under subparagraph (A), 
the Institute, in consultation with State trans-
portation departments, metropolitan planning 
organizations, and the American Association of 
State Highway and Transportation Officials, 
may develop courses relating to technology, meth-
ods, techniques, engineering, construction, safety, 
maintenance, environmental mitigation and 
compliance, regulations, management, inspec-
tion, and finance. 
‘‘(C) REVISION
OF
COURSES
OFFERED.— 
The Institute shall periodically— 
‘‘(i) review the course inventory of the 
Institute; and 
‘‘(ii) revise or cease to offer courses 
based on course content, applicability, and 
need.
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‘‘(4) ELIGIBILITY; FEDERAL SHARE.—The funds 
apportioned to a State under section 104(b)(3) for the 
surface transportation program shall be available for 
expenditure by the State transportation department 
for the payment of not to exceed 80 percent of the cost 
of tuition and direct educational expenses (excluding 
salaries) in connection with the education and train-
ing of employees of State and local transportation 
agencies in accordance with this subsection. 
‘‘(5) FEDERAL RESPONSIBILITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), education and training of 
employees of Federal, State, and local transpor-
tation (including highway) agencies authorized 
under this subsection may be provided— 
‘‘(i) by the Secretary, at no cost to the 
States and local governments, if the Sec-
retary determines that provision at no cost 
is in the public interest; or 
‘‘(ii) by the State, through grants, co-
operative agreements, and contracts with 
public and private agencies, institutions, 
individuals, and the Institute. 
‘‘(B) PAYMENT OF FULL COST BY PRIVATE 
PERSONS.—Private agencies, international or
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foreign entities, and individuals shall pay the 
full cost of any education and training (includ-
ing the cost of course development) received by 
the agencies, entities, and individuals, unless the 
Secretary determines that payment of a lesser 
amount of the cost is of critical importance to 
the public interest. 
‘‘(6) TRAINING FELLOWSHIPS; COOPERATION.— 
The Institute may— 
‘‘(A) engage in training activities author-
ized under this subsection, including the grant-
ing of training fellowships; and 
‘‘(B) exercise the authority of the Institute 
independently or in cooperation with any— 
‘‘(i) other Federal or State agency; 
‘‘(ii) association, authority, institu-
tion, or organization; 
‘‘(iii) for-profit or nonprofit corpora-
tion; 
‘‘(iv) national or international entity; 
‘‘(v) foreign country; or 
‘‘(vi) person. 
‘‘(7) COLLECTION OF FEES.— 
‘‘(A) IN GENERAL.—In accordance with this 
subsection, the Institute may assess and collect
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fees to defray the costs of the Institute in devel-
oping or administering education and training 
programs under this subsection. 
‘‘(B) PERSONS
SUBJECT
TO
FEES.—Fees 
may be assessed and collected under this sub-
section only with respect to— 
‘‘(i) persons and entities for whom edu-
cation or training programs are developed 
or administered under this subsection; and 
‘‘(ii) persons and entities to whom edu-
cation or training is provided under this 
subsection. 
‘‘(C) AMOUNT OF FEES.—The fees assessed 
and collected under this subsection shall be estab-
lished in a manner that ensures that the liability 
of any person or entity for a fee is reasonably 
based on the proportion of the costs referred to 
in subparagraph (A) that relate to the person or 
entity. 
‘‘(D) USE.—All fees collected under this 
subsection shall be used, without further appro-
priation, to defray costs associated with the de-
velopment or administration of education and 
training programs authorized under this sub-
section.
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‘‘(8) RELATION
TO
FEES.—The funds made 
available to carry out this subsection may be com-
bined with or held separate from the fees collected 
under— 
‘‘(A) paragraph (7); 
‘‘(B) memoranda of understanding; 
‘‘(C) regional compacts; and 
‘‘(D) other similar agreements. 
‘‘(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 
‘‘(1) AUTHORITY.—The Secretary shall carry out 
a local technical assistance program that will provide 
access to surface transportation technology to— 
‘‘(A) highway and transportation agencies 
in urbanized areas; 
‘‘(B) highway and transportation agencies 
in rural areas; 
‘‘(C) contractors that perform work for the 
agencies; and 
‘‘(D) infrastructure security. 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—The Secretary may make grants and 
enter into cooperative agreements and contracts to 
provide education and training, technical assistance, 
and related support services to—
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‘‘(A) assist rural, local transportation agen-
cies and tribal governments, and the consultants 
and construction personnel working for the agen-
cies and governments, to— 
‘‘(i) develop and expand expertise in 
road and transportation areas (including 
pavement, bridge, concrete structures, inter-
modal connections, safety management sys-
tems, intelligent transportation systems, in-
cident response, operations, and traffic safe-
ty countermeasures); 
‘‘(ii) improve roads and bridges; 
‘‘(iii) enhance— 
‘‘(I) programs for the movement of 
passengers and freight; and 
‘‘(II) intergovernmental transpor-
tation planning and project selection; 
and 
‘‘(iv) deal effectively with special 
transportation-related problems by pre-
paring and providing training packages, 
manuals, guidelines, and technical resource 
materials; 
‘‘(B) develop technical assistance for tour-
ism and recreational travel;
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‘‘(C) identify, package, and deliver trans-
portation technology and traffic safety informa-
tion to local jurisdictions to assist urban trans-
portation agencies in developing and expanding 
their ability to deal effectively with transpor-
tation-related problems (particularly the pro-
motion of regional cooperation); 
‘‘(D) operate, in cooperation with State 
transportation departments and universities— 
‘‘(i) local technical assistance program 
centers designated to provide transportation 
technology transfer services to rural areas 
and to urbanized areas; and 
‘‘(ii) local technical assistance program 
centers designated to provide transportation 
technical assistance to tribal governments; 
and 
‘‘(E) allow local transportation agencies 
and tribal governments, in cooperation with the 
private sector, to enhance new technology imple-
mentation. 
‘‘(c) RESEARCH FELLOWSHIPS.— 
‘‘(1) GENERAL AUTHORITY.—The Secretary, act-
ing independently or in cooperation with other Fed-
eral agencies and instrumentalities, may make grants
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for research fellowships for any purpose for which re-
search is authorized by this chapter. 
‘‘(2) DWIGHT
DAVID
EISENHOWER
TRANSPOR-
TATION FELLOWSHIP PROGRAM.—The Secretary shall 
establish and implement a transportation research fel-
lowship program, to be known as the ‘Dwight David 
Eisenhower Transportation Fellowship Program’, for 
the purpose of attracting qualified students to the 
field of transportation. 
‘‘§ 505. State planning and research 
‘‘(a) IN GENERAL.—Two percent of the sums appor-
tioned to a State for fiscal year 2004 and each fiscal year 
thereafter under sections 104 (other than subsections (f) and 
(h)) and 144 shall be available for expenditure by the State, 
in consultation with the Secretary, only for— 
‘‘(1) the conduct of engineering and economic 
surveys and investigations; 
‘‘(2) the planning of— 
‘‘(A) future highway programs and local 
public transportation systems; and 
‘‘(B) the financing of those programs and 
systems, including metropolitan and statewide 
planning under sections 134 and 135; 
‘‘(3) the development and implementation of 
management systems under section 303;
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‘‘(4) the conduct of studies on— 
‘‘(A) the economy, safety, and convenience 
of surface transportation systems; and 
‘‘(B) the desirable regulation and equitable 
taxation of those systems; 
‘‘(5) research, development, and technology trans-
fer activities necessary in connection with the plan-
ning, design, construction, management, and mainte-
nance of highway, public transportation, and inter-
modal transportation systems; 
‘‘(6) the conduct of studies, research, and train-
ing relating to the engineering standards and con-
struction materials for surface transportation systems 
described in paragraph (5) (including the evaluation 
and accreditation of inspection and testing and the 
regulation of and charging for the use of the stand-
ards and materials); and 
‘‘(7) the conduct of activities relating to the 
planning of real-time monitoring elements. 
‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DEVEL-
OPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
not less than 25 percent of the funds subject to sub-
section (a) that are apportioned to a State for a fiscal
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year shall be expended by the State for research, de-
velopment, and technology transfer activities that— 
‘‘(A) are described in subsection (a); and 
‘‘(B) relate to highway, public transpor-
tation, and intermodal transportation systems. 
‘‘(2) WAIVERS.—The Secretary may waive the 
application of paragraph (1) with respect to a State 
for a fiscal year if— 
‘‘(A) the State certifies to the Secretary for 
the fiscal year that total expenditures by the 
State for transportation planning under sections 
134 and 135 will exceed 75 percent of the funds 
described in paragraph (1); and 
‘‘(B) the Secretary accepts the certification 
of the State. 
‘‘(3) 
NONAPPLICABILITY
OF
ASSESSMENT.— 
Funds expended under paragraph (1) shall not be 
considered to be part of the extramural budget of the 
agency for the purpose of section 9 of the Small Busi-
ness Act (15 U.S.C. 638). 
‘‘(c) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out using funds subject to subsection 
(a) shall be the share applicable under section 120(b), as 
adjusted under subsection (d) of that section.
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‘‘(d) ADMINISTRATION OF SUMS.—Funds subject to 
subsection (a) shall be— 
‘‘(1) combined and administered by the Sec-
retary as a single fund; and 
‘‘(2) available for obligation for the period de-
scribed in section 118(b)(2). 
‘‘(e) ELIGIBLE USE OF STATE PLANNING AND RE-
SEARCH FUNDS.—A State, in coordination with the Sec-
retary, may obligate funds made available to carry out this 
section for any purpose authorized under section 506(a). 
‘‘§ 506. International highway transportation out-
reach program 
‘‘(a) ESTABLISHMENT.—The Secretary may establish 
an international highway transportation outreach pro-
gram— 
‘‘(1) to inform the United States highway com-
munity of technological innovations in foreign coun-
tries that could significantly improve highway trans-
portation in the United States; 
‘‘(2) to promote United States highway transpor-
tation expertise, goods, and services in foreign coun-
tries; and 
‘‘(3) to increase transfers of United States high-
way transportation technology to foreign countries.
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‘‘(b) ACTIVITIES.—Activities carried out under the 
program may include— 
‘‘(1) the development, monitoring, assessment, 
and dissemination in the United States of informa-
tion about highway transportation innovations in 
foreign countries that could significantly improve 
highway transportation in the United States; 
‘‘(2) research, development, demonstration, train-
ing, and other forms of technology transfer and ex-
change; 
‘‘(3) the provision to foreign countries, through 
participation in trade shows, seminars, expositions, 
and other similar activities, of information relating 
to the technical quality of United States highway 
transportation goods and services; 
‘‘(4) the offering of technical services of the Fed-
eral Highway Administration that cannot be readily 
obtained from private sector firms in the United 
States for incorporation into the proposals of those 
firms undertaking highway transportation projects 
outside the United States, if the costs of the technical 
services will be recovered under the terms of the 
project;
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‘‘(5) the conduct of studies to assess the need for, 
or feasibility of, highway transportation improve-
ments in foreign countries; and 
‘‘(6) the gathering and dissemination of informa-
tion on foreign transportation markets and indus-
tries. 
‘‘(c) COOPERATION.—The Secretary may carry out 
this section in cooperation with any appropriate— 
‘‘(1) Federal, State, or local agency; 
‘‘(2) authority, association, institution, or orga-
nization; 
‘‘(3) for-profit or nonprofit corporation; 
‘‘(4) national or international entity; 
‘‘(5) foreign country; or 
‘‘(6) person. 
‘‘(d) FUNDS.— 
‘‘(1) CONTRIBUTIONS.—Funds available to carry 
out this section shall include funds deposited by any 
cooperating organization or person into a special ac-
count of the Treasury established for this purpose. 
‘‘(2) ELIGIBLE USES OF FUNDS.—The funds de-
posited into the account, and other funds available to 
carry out this section, shall be available to cover the 
cost of any activity eligible under this section, includ-
ing the cost of—
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‘‘(A) promotional materials; 
‘‘(B) travel; 
‘‘(C) reception and representation expenses; 
and 
‘‘(D) salaries and benefits. 
‘‘(3) REIMBURSEMENTS FOR SALARIES AND BEN-
EFITS.—Reimbursements for salaries and benefits of 
Department of Transportation employees providing 
services under this section shall be credited to the ac-
count. 
‘‘(e) REPORT—For each fiscal year, the Secretary shall 
submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that 
describes the destinations and individual trip costs of inter-
national travel conducted in carrying out activities de-
scribed in this section. 
‘‘§ 507. Surface transportation-environmental cooper-
ative research program 
‘‘(a) IN GENERAL.—The Secretary shall establish and 
carry out a surface transportation-environmental coopera-
tive research program. 
‘‘(b) CONTENTS.—The program carried out under this 
section may include research—
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HR 3550 EAS 
‘‘(1) to develop more accurate models for evalu-
ating transportation control measures and transpor-
tation system designs that are appropriate for use by 
State and local governments (including metropolitan 
planning organizations) in designing implementation 
plans to meet Federal, State, and local environmental 
requirements; 
‘‘(2) to improve understanding of the factors that 
contribute to the demand for transportation; 
‘‘(3) to develop indicators of economic, social, 
and environmental performance of transportation sys-
tems to facilitate analysis of potential alternatives; 
‘‘(4) to meet additional priorities as determined 
by the Secretary in the strategic planning process 
under section 508; and 
‘‘(5) to refine, through the conduct of workshops, 
symposia, and panels, and in consultation with stake-
holders (including the Department of Energy, the En-
vironmental Protection Agency, and other appro-
priate Federal and State agencies and associations) 
the scope and research emphases of the program. 
‘‘(c) PROGRAM
ADMINISTRATION.—The Secretary 
shall— 
‘‘(1) administer the program established under 
this section; and
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HR 3550 EAS 
‘‘(2) ensure, to the maximum extent practicable, 
that— 
‘‘(A) the best projects and researchers are se-
lected to conduct research in the priority areas 
described in subsection (b)— 
‘‘(i) on the basis of merit of each sub-
mitted proposal; and 
‘‘(ii) through the use of open solicita-
tions and selection by a panel of appro-
priate experts; 
‘‘(B) a qualified, permanent core staff with 
the ability and expertise to manage a large 
multiyear budget is used; 
‘‘(C) the stakeholders are involved in the 
governance of the program, at the executive, over-
all program, and technical levels, through the use 
of expert panels and committees; and 
‘‘(D) there is no duplication of research ef-
fort between the program established under this 
section and the new strategic highway research 
program established under section 509. 
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec-
retary may make grants to, and enter into cooperative 
agreements with, the National Academy of Sciences to carry 
out such activities relating to the research, technology, and
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technology transfer activities described in subsections (b) 
and (c) as the Secretary determines to be appropriate. 
‘‘§ 508. Surface transportation research technology de-
ployment and strategic planning 
‘‘(a) PLANNING.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall— 
‘‘(A) establish, in accordance with section 
306 of title 5, a strategic planning process 
that— 
‘‘(i) enhances effective implementation 
of this section through the establishment in 
accordance with paragraph (2) of the Sur-
face Transportation Research Technology 
Advisory Committee; and 
‘‘(ii) focuses on surface transportation 
research funded through paragraphs (1), 
(2), (4), and (5) of section 2001(a) of the 
Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2004, taking 
into consideration national surface trans-
portation system needs and intermodality 
requirements; 
‘‘(B) coordinate Federal surface transpor-
tation research, technology development, and de-
ployment activities;
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‘‘(C) at such intervals as are appropriate 
and practicable, measure the results of those ac-
tivities and the ways in which the activities af-
fect the performance of the surface transportation 
systems of the United States; and 
‘‘(D) ensure, to the maximum extent prac-
ticable, that planning and reporting activities 
carried out under this section are coordinated 
with all other surface transportation planning 
and reporting requirements. 
‘‘(2) 
SURFACE
TRANSPORTATION
RESEARCH 
TECHNOLOGY ADVISORY COMMITTEE.— 
‘‘(A) ESTABLISHMENT.—Not later than 90 
days after the date of enactment of the Safe, Ac-
countable, Flexible, and Efficient Transportation 
Equity Act of 2004, the Secretary shall establish 
a committee to be known as the ‘Surface Trans-
portation Research Technology Advisory Com-
mittee’ (referred to in this section as the ‘Com-
mittee’). 
‘‘(B) MEMBERSHIP.—The Committee shall 
be composed of 12 members appointed by the 
Secretary— 
‘‘(i) each of which shall have expertise 
in a particular area relating to Federal
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surface transportation programs, includ-
ing— 
‘‘(I) safety; 
‘‘(II) operations; 
‘‘(III) infrastructure (including 
pavements and structures); 
‘‘(IV) planning and environment; 
‘‘(V) policy; and 
‘‘(VI) asset management; and 
‘‘(ii) of which— 
‘‘(I) 3 members shall be individ-
uals representing the Federal Govern-
ment; 
‘‘(II) 3 members— 
‘‘(aa) shall be exceptionally 
qualified to serve on the Com-
mittee, as determined by the Sec-
retary, based on education, train-
ing, and experience; and 
‘‘(bb) shall not be officers or 
employees of the United States; 
‘‘(III) 3 members— 
‘‘(aa) 
shall 
represent 
the 
transportation industry (includ-
ing the pavement industry); and
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‘‘(bb) shall not be officers or 
employees of the United States; 
and 
‘‘(IV) 3 members shall represent 
State transportation departments from 
3 different geographical regions of the 
United States. 
‘‘(C) MEETINGS.—The advisory subcommit-
tees shall meet on a regular basis, but not less 
than twice each year. 
‘‘(D) DUTIES.—The Committee shall pro-
vide to the Secretary, on a continuous basis, ad-
vice and guidance relating to— 
‘‘(i) the determination of surface trans-
portation research priorities; 
‘‘(ii) the improvement of the research 
planning and implementation process; 
‘‘(iii) the design and selection of re-
search projects; 
‘‘(iv) the review of research results; 
‘‘(v) the planning and implementation 
of technology transfer activities and 
‘‘(vi) the formulation of the surface 
transportation research and technology de-
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ployment and deployment strategic plan re-
quired under subsection (c). 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this para-
graph $200,000 for each fiscal year. 
‘‘(b) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) provide for the integrated planning, coordi-
nation, and consultation among the operating admin-
istrations of the Department of Transportation, all 
other Federal agencies with responsibility for surface 
transportation research and technology development, 
State and local governments, institutions of higher 
education, industry, and other private and public sec-
tor organizations engaged in surface transportation- 
related research and development activities; and 
‘‘(2) ensure that the surface transportation re-
search and technology development programs of the 
Department do not duplicate other Federal, State, or 
private sector research and development programs. 
‘‘(c) SURFACE
TRANSPORTATION
RESEARCH
AND 
TECHNOLOGY DEPLOYMENT STRATEGIC PLAN.— 
‘‘(1) IN GENERAL.—After receiving, and based 
on, extensive consultation and input from stakeholders
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representing the transportation community and the 
Surface Transportation Research Advisory Com-
mittee, the Secretary shall, not later than 1 year after 
the date of enactment of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of 2004, 
complete, and shall periodically update thereafter, a 
strategic plan for each of the core surface transpor-
tation research areas, including— 
‘‘(A) safety; 
‘‘(B) operations; 
‘‘(C) infrastructure (including pavements 
and structures); 
‘‘(D) planning and environment; 
‘‘(E) policy; and 
‘‘(F) asset management. 
‘‘(2) COMPONENTS.—The strategic plan shall 
specify— 
‘‘(A) surface transportation research objec-
tives and priorities; 
‘‘(B) specific surface transportation research 
projects to be conducted; 
‘‘(C) recommended technology transfer ac-
tivities to promote the deployment of advances 
resulting from the surface transportation re-
search conducted; and
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‘‘(D) short- and long-term technology devel-
opment and deployment activities. 
‘‘(3) REVIEW AND SUBMISSION OF FINDINGS.— 
The Secretary shall enter into a contract with the 
Transportation Research Board of the National Acad-
emy of Sciences, on behalf of the Research and Tech-
nology Coordinating Committee of the National Re-
search Council, under which— 
‘‘(A) the Transportation Research Board 
shall— 
‘‘(i) review the research and technology 
planning and implementation process used 
by Federal Highway Administration; and 
‘‘(ii) evaluate each of the strategic 
plans prepared under this subsection— 
‘‘(I) to ensure that sufficient 
stakeholder input is being solicited and 
considered throughout the preparation 
process; and 
‘‘(II) to offer recommendations 
relevant to research priorities, project 
selection, and deployment strategies; 
and 
‘‘(B) the Secretary shall ensure that the Re-
search and Technology Coordinating Committee,
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in a timely manner, informs the Committee on 
Environment and Public Works of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives of the 
findings of the review and evaluation under sub-
paragraph (A). 
‘‘(4) RESPONSES
OF
SECRETARY.—Not later 
than 60 days after the date of completion of the stra-
tegic plan under this subsection, the Secretary shall 
submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives written responses to each of the recommenda-
tions of the Research and Technology Coordinating 
Committee under paragraph (3)(A)(ii)(II). 
‘‘(d) CONSISTENCY WITH GOVERNMENT PERFORM-
ANCE AND RESULTS ACT OF 1993.—The plans and reports 
developed under this section shall be consistent with and 
incorporated as part of the plans developed under section 
306 of title 5 and sections 1115 and 1116 of title 31. 
‘‘§ 509. New strategic highway research program 
‘‘(a) IN GENERAL.—The National Research Council 
shall establish and carry out, through fiscal year 2009, a 
new strategic highway research program.
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‘‘(b) BASIS; PRIORITIES.—With respect to the program 
established under subsection (a)— 
‘‘(1) the program shall be based on— 
‘‘(A) National Research Council Special Re-
port No. 260, entitled ‘Strategic Highway Re-
search’; and 
‘‘(B) the results of the detailed planning 
work subsequently carried out to scope the re-
search areas through National Cooperative Re-
search Program Project 20–58. 
‘‘(2) the scope and research priorities of the pro-
gram shall— 
‘‘(A) be refined through stakeholder input in 
the form of workshops, symposia, and panels; 
and 
‘‘(B) include an examination of— 
‘‘(i) the roles of highway infrastruc-
ture, drivers, and vehicles in fatalities on 
public roads; 
‘‘(ii) high-risk areas and activities as-
sociated with the greatest numbers of high-
way fatalities; 
‘‘(iii) the roles of various levels of gov-
ernment agencies and non-governmental or-
ganizations in reducing highway fatalities
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(including recommendations for methods of 
strengthening highway safety partnerships); 
‘‘(iv) measures that may save the 
greatest number of lives in the short- and 
long-term; 
‘‘(v) renewal of aging infrastructure 
with minimum impact on users of facilities; 
‘‘(vi) driving behavior and likely crash 
causal factors to support improved counter-
measures; 
‘‘(vii) reduction in congestion due to 
nonrecurring congestion; 
‘‘(viii) planning and designing of new 
road capacity to meet mobility, economic, 
environmental, and community needs; 
‘‘(3) the program shall consider, at a minimum, 
the results of studies relating to the implementation 
of the Strategic Highway Safety Plan prepared by the 
American Association of State Highway and Trans-
portation Officials; and 
‘‘(4) the research results of the program, ex-
pressed in terms of technologies, methodologies, and 
other appropriate categorizations, shall be dissemi-
nated to practicing engineers as soon as practicable 
for their use.
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‘‘(c) PROGRAM ADMINISTRATION.—In carrying out the 
program under this section, the National Research Council 
shall ensure, to the maximum extent practicable, that— 
‘‘(1) the best projects and researchers are selected 
to conduct research for the program and priorities de-
scribed in subsection (b)— 
‘‘(A) on the basis of the merit of each sub-
mitted proposal; and 
‘‘(B) through the use of open solicitations 
and selection by a panel of appropriate experts; 
‘‘(2) the National Research Council acquires a 
qualified, permanent core staff with the ability and 
expertise to manage a large research program and 
multiyear budget; 
‘‘(3) the stakeholders are involved in the govern-
ance of the program, at the executive, overall pro-
gram, and technical levels, through the use of expert 
panels and committees; and 
‘‘(4) there is no duplication of research effort be-
tween the program established under this section and 
the surface transportation-environment cooperative 
research program established under section 507 or 
any other research effort of the Department. 
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec-
retary may make grants to, and enter into cooperative
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agreements with, the National Academy of Sciences to carry 
out such activities relating to research, technology, and tech-
nology transfer described in subsections (b) and (c) as the 
Secretary determines to be appropriate. 
‘‘(e) REPORT ON IMPLEMENTATION OF RESULTS.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2007, the Secretary shall enter into a contract with 
the Transportation Research Board of the National 
Academy of Sciences under which the Transportation 
Research Board shall complete a report on the strate-
gies and administrative structure to be used for im-
plementation of the results of new strategic highway 
research program. 
‘‘(2) COMPONENTS.—The report under para-
graph (1) shall include, with respect to the new stra-
tegic highway research program— 
‘‘(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, implementing 
those results;
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HR 3550 EAS 
‘‘(C) an estimate of costs that would be in-
curred in expediting implementation of those re-
sults; and 
‘‘(D) recommendations for the way in which 
implementation of the results of the program 
under this section should be conducted, coordi-
nated, and supported in future years, including 
a discussion of the administrative structure and 
organization best suited to carry out those re-
sponsibilities. 
‘‘(3) CONSULTATION.—In developing the report, 
the Transportation Research Board shall consult with 
a wide variety of stakeholders, including— 
‘‘(A) the American Association of State 
highway Officials; 
‘‘(B) the Federal Highway Administration; 
and 
‘‘(C) the Surface Transportation Research 
Technology Advisory Committee. 
‘‘(4) SUBMISSION.—Not later than February 1, 
2009, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives the report under this 
subsection.
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‘‘§ 510. University transportation centers 
‘‘(a) CENTERS.— 
‘‘(1) IN GENERAL.—During fiscal year 2004, the 
Secretary shall provide grants to 40 nonprofit institu-
tions of higher learning (or consortia of institutions 
of higher learning) to establish centers to address 
transportation design, management, research, develop-
ment, and technology matters, especially the edu-
cation and training of greater numbers of individuals 
to enter into the professional field of transportation. 
‘‘(2) DISTRIBUTION
OF
CENTERS.—Not more 
than 1 university transportation center (or lead uni-
versity in a consortia of institutions of higher learn-
ing), other than a center or university selected 
through a competitive process, may be located in any 
State. 
‘‘(3) IDENTIFICATION OF CENTERS.—The univer-
sity transportation centers established under this sec-
tion shall— 
‘‘(A) comply with applicable requirements 
under subsection (c); and 
‘‘(B) be located at the institutions of higher 
learning specified in paragraph (4). 
‘‘(4) IDENTIFICATION OF GROUPS.—For the pur-
pose of making grants under this subsection, the fol-
lowing grants are identified:
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‘‘(A) GROUP A.—Group A shall consist of 
the 10 regional centers selected under subsection 
(b). 
‘‘(B) GROUP B.—Group B shall consist of 
the following: 
‘‘(i) ƒlllllllll≈. 
‘‘(ii) ƒlllllllll≈. 
‘‘(iii) ƒlllllllll≈. 
‘‘(iv) ƒlllllllll≈. 
‘‘(v) ƒlllllllll≈. 
‘‘(vi) ƒlllllllll≈. 
‘‘(vii) ƒlllllllll≈. 
‘‘(viii) ƒlllllllll≈ 
‘‘(ix) ƒlllllllll≈. 
‘‘(x) ƒlllllllll≈. 
‘‘(xi) ƒlllllllll≈. 
‘‘(C) GROUP C.—Group C shall consist of 
the following: 
‘‘(i) ƒlllllllll≈. 
‘‘(ii) ƒlllllllll≈. 
‘‘(iii) ƒlllllllll≈. 
‘‘(iv) ƒlllllllll≈. 
‘‘(v) ƒlllllllll≈. 
‘‘(vi) ƒlllllllll≈. 
‘‘(vii) ƒlllllllll≈.
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‘‘(viii) ƒlllllllll≈. 
‘‘(ix) ƒlllllllll≈. 
‘‘(x) ƒlllllllll≈. 
‘‘(xi) ƒlllllllll≈. 
‘‘(D) GROUP D.—Group D shall consist of 
the following: 
‘‘(i) ƒlllllllll≈. 
‘‘(ii) ƒlllllllll≈. 
‘‘(iii) ƒlllllllll≈. 
‘‘(iv) ƒlllllllll≈. 
‘‘(v) ƒlllllllll≈. 
‘‘(vi) ƒlllllllll≈. 
‘‘(vii) ƒlllllllll≈. 
‘‘(viii) ƒlllllllll≈. 
‘‘(b) REGIONAL CENTERS.— 
‘‘(1) IN GENERAL.—Not later than September 30, 
2004, the Secretary shall provide to nonprofit institu-
tions of higher learning (or consortia of institutions 
of higher learning) grants to be used during the pe-
riod of fiscal years 2005 through 2009 to establish 
and operate 1 university transportation center in 
each of the 10 Federal regions that comprise the 
Standard Federal Regional Boundary System. 
‘‘(2) SELECTION OF REGIONAL CENTERS.—
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‘‘(ii) the demonstrated research capa-
bilities and extension resources available to 
the recipient to carry out this section; 
‘‘(iii) the capability of the recipient to 
provide leadership in making national and 
regional contributions to the solution of im-
mediate 
and 
long-range 
transportation 
problems; 
‘‘(iv) the demonstrated ability of the 
recipient to disseminate results of transpor-
tation research and education programs 
through a statewide or regionwide con-
tinuing education program; and 
‘‘(v) the strategic plan that the recipi-
ent proposes to carry out using funds from 
the grant. 
‘‘(E) SELECTION PROCESS.—In selecting the 
recipients of grants under this subsection, the 
Secretary shall consult with, and consider the 
advice of— 
‘‘(i) the Research and Special Pro-
grams Administration; 
‘‘(ii) the Federal Highway Administra-
tion; and
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HR 3550 EAS 
‘‘(iii) the Federal Transit Administra-
tion. 
‘‘(c) CENTER REQUIREMENTS.— 
‘‘(1) IN GENERAL.—With respect to a university 
transportation center established under subsection (a) 
or (b), the institution or consortium that receives a 
grant to establish the center— 
‘‘(A) shall annually contribute at least 
$250,000 to the operation and maintenance of 
the center, except that payment by the institu-
tion or consortium of the salary required for 
transportation-related faculty and staff for a pe-
riod greater than 90 days may not be counted 
against that contribution; 
‘‘(B) shall have established, as of the date of 
receipt of the grant, undergraduate or graduate 
programs in— 
‘‘(i) civil engineering; 
‘‘(ii) transportation engineering; 
‘‘(iii) transportation systems manage-
ment and operations; or 
‘‘(iv) any other field significantly re-
lated to surface transportation systems, as 
determined by the Secretary; and
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HR 3550 EAS 
‘‘(C) not later than 120 days after the date 
on which the institution or consortium receives 
notice of selection as a site for the establishment 
of a university transportation center under this 
section, shall submit to the Secretary a 6-year 
program plan for the university transportation 
center that includes, with respect to the center— 
‘‘(i) a description of the purposes of 
programs to be conducted by the center; 
‘‘(ii) a description of the under-
graduate and graduate transportation edu-
cation efforts to be carried out by the center; 
‘‘(iii) a description of the nature and 
scope of research to be conducted by the cen-
ter; 
‘‘(iv) a list of personnel, including the 
roles and responsibilities of those personnel 
within the center; and 
‘‘(v) a detailed budget, including the 
amount of contributions by the institution 
or consortium to the center; and 
‘‘(D) shall establish an advisory committee 
that— 
‘‘(i) is composed of a representative 
from each of the State transportation de-
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HR 3550 EAS 
partment of the State in which the institu-
tion or consortium is located, the Depart-
ment of Transportation, and the institution 
or consortia, as appointed by those respec-
tive entities; 
‘‘(ii) in accordance with paragraph 
(2), shall review and approve or disapprove 
the plan of the institution or consortium 
under subparagraph (C); and 
‘‘(iii) shall, to the maximum extent 
practicable, ensure that the proposed re-
search to be carried out by the university 
transportation center will contribute to the 
national highway research and technology 
agenda, as periodically updated by the Sec-
retary, in consultation with stakeholders 
representing the highway community. 
‘‘(2) PEER REVIEW.— 
‘‘(A) IN GENERAL.—The Secretary shall re-
quire peer review for each report on research car-
ried out using funds made available for this sec-
tion. 
‘‘(B) PURPOSES
OF
PEER
REVIEW.—Peer 
review of a report under this section shall be car-
ried out to evaluate—
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‘‘(i) the relevance of the research de-
scribed in the report with respect to the 
strategic plan under, and the goals of, this 
section; 
‘‘(ii) the research covered by the report, 
and to recommend modifications to indi-
vidual project plans; 
‘‘(iii) the results of the research before 
publication of those results; and 
‘‘(iv) the overall outcomes of the re-
search. 
‘‘(C) INTERNET AVAILABILITY.—Each report 
under this section that is received by the Sec-
retary shall be published— 
‘‘(i) by the Secretary, on the Internet 
website of the Department of Transpor-
tation; and 
‘‘(ii) by the University Transportation 
Center. 
‘‘(3) APPROVAL OF PLANS—A plan of an institu-
tion or consortium described in paragraph (1)(C) 
shall not be submitted to the Secretary until such 
time as the advisory committee established under 
paragraph (1)(D) reviews and approves the plan.
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‘‘(4) FAILURE TO COMPLY.—If a recipient of a 
grant under this subsection fails to submit a program 
plan acceptable to the Secretary and in accordance 
with paragraph (1)(C)— 
‘‘(A) the recipient shall forfeit the grant and 
the selection of the recipient as a site for the es-
tablishment of a university transportation cen-
ter; and 
‘‘(B) the Secretary shall select a replace-
ment recipient for the forfeited grant. 
‘‘(5) APPLICABILITY.—This subsection does not 
apply to any research funds received in accordance 
with a competitive contract offered and entered into 
by the Federal Highway Administration. 
‘‘(d) OBJECTIVES.—Each university transportation 
center established under subsection (a) or (b) shall carry 
out— 
‘‘(1) undergraduate or graduate education pro-
grams that include— 
‘‘(A) multidisciplinary coursework; and 
‘‘(B) opportunities for students to partici-
pate in research; 
‘‘(2) basic and applied research, the results and 
products of which shall be judged by peers or other ex-
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HR 3550 EAS 
perts in the field so as to advance the body of knowl-
edge in transportation; and 
‘‘(3) an ongoing program of technology transfer 
that makes research results available to potential 
users in such form as will enable the results to be im-
plemented, used, or otherwise applied. 
‘‘(e) MAINTENANCE OF EFFORT.—To be eligible to re-
ceive a grant under this section, an applicant shall— 
‘‘(1) enter into an agreement with the Secretary 
to ensure that the applicant will maintain total ex-
penditures from all other sources to establish and op-
erate a university transportation center and related 
educational and research activities at a level that is 
at least equal to the average level of those expenditures 
during the 2 fiscal years before the date on which the 
grant is provided; 
‘‘(2) provide the annual institutional contribu-
tion required under subsection (c)(1); and 
‘‘(3) submit to the Secretary, in a timely man-
ner, for use by the Secretary in the preparation of the 
annual research report under section 508(c)(5) of title 
23, an annual report on the projects and activities of 
the university transportation center for which funds 
are made available under section 2001 of the Safe, 
Accountable, Flexible, and Efficient Transportation
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HR 3550 EAS 
Equity Act of 2004 that contains, at a minimum, for 
the fiscal year covered by the report, a description 
of— 
‘‘(A) the goals of the center; 
‘‘(B) the educational activities carried out 
by the center (including a detailed summary of 
the budget for those educational activities); 
‘‘(C) teaching activities of faculty at the 
center; 
‘‘(D) each research project carried out by 
the center, including— 
‘‘(i) the identity and location of each 
investigator working on a research project; 
‘‘(ii) the overall funding amount for 
each 
research 
project 
(including 
the 
amounts expended for the project as of the 
date of the report); 
‘‘(iii) the current schedule for each re-
search project; and 
‘‘(iv) the results of each research 
project through the date of submission of the 
report, with particular emphasis on results 
for the fiscal year covered by the report; and 
‘‘(E) overall technology transfer and imple-
mentation efforts of the center.
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‘‘(f) PROGRAM COORDINATION.—The Secretary shall— 
‘‘(1) coordinate the research, education, training, 
and technology transfer activities carried out by re-
cipients of grants under this section; and 
‘‘(2) establish and operate a clearinghouse for, 
and disseminate, the results of those activities. 
‘‘(g) FUNDING.— 
‘‘(1) NUMBER AND AMOUNT OF GRANTS.—The 
Secretary shall make the following grants under this 
subsection: 
‘‘(A) GROUP A.—For each of fiscal years 
2004 through 2009, the Secretary shall make a 
grant in the amount of $20,000,000 to each of 
the institutions in group A (as described in sub-
section (a)(4)(A)). 
‘‘(B) GROUP B.—The Secretary shall make 
a grant to each of the institutions in group B (as 
described in subsection (a)(4)(B)) in the amount 
of— 
‘‘(i) $4,000,000 for each of fiscal years 
2004 and 2005; and 
‘‘(ii) $6,000,000 for each of fiscal years 
2006 and 2007. 
‘‘(C) GROUP C.—For each of fiscal years 
2004 through 2007, the Secretary shall make a
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HR 3550 EAS 
grant in the amount of $10,000,000 to each of 
the institutions in group C (as described in sub-
section (a)(4)(C)). 
‘‘(D) GROUP D.—For each of fiscal years 
2004 through 2009, the Secretary shall make a 
grant in the amount of $25,000,000 to each of 
the institutions in group D (as described in sub-
section (a)(4)(D)). 
‘‘(E) LIMITED GRANTS FOR GROUPS B AND 
C.—For each of fiscal years 2008 and 2009, of 
the institutions classified in groups B and C (as 
described in subsection (a)(4)(B)), the Secretary 
shall select and make a grant in the amount of 
$10,000,000 to each of not more than 15 institu-
tions. 
‘‘(2) USE OF FUNDS— 
‘‘(A) IN
GENERAL.—Of the funds made 
available for a fiscal year to a university trans-
portation center established under subsection (a) 
or (b)— 
‘‘(i) not less than $250,000 shall be 
used to establish and maintain new faculty 
positions for the teaching of undergraduate, 
transportation-related courses;
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‘‘(ii) not more than $500,000 for the 
fiscal year, or $1,000,000 in the aggregate, 
may be used to construct or improve trans-
portation-related laboratory facilities; and 
‘‘(iii) not more than $300,000 for the 
fiscal year may be used for student intern-
ships of not more than 180 days in dura-
tion to enable students to gain experience by 
working on transportation projects as in-
terns with design or construction firms. 
‘‘(B) 
FACILITIES
AND
ADMINISTRATION 
FEE.—Not more than 10 percent of any grant 
made available to a university transportation 
center (or any institution or consortium that es-
tablishes such a center) for a fiscal year may be 
used to pay to the appropriate nonprofit institu-
tion of higher learning any administration and 
facilities fee (or any similar overhead fee) for the 
fiscal year. 
‘‘(3) LIMITATION ON AVAILABILITY OF FUNDS.— 
Funds made available under this subsection shall re-
main available for obligation for a period of 2 years 
after September 30 of the fiscal year for which the 
funds are authorized.
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‘‘§ 511. Multistate corridor operations and manage-
ment 
‘‘(a) IN GENERAL.—The Secretary shall encourage 
multistate cooperative agreements, coalitions, or other ar-
rangements to promote regional cooperation, planning, and 
shared project implementation for programs and projects 
to improve transportation system management and oper-
ations. 
‘‘(b) INTERSTATE ROUTE I–95 CORRIDOR COALITION 
TRANSPORTATION
SYSTEMS
MANAGEMENT
AND
OPER-
ATIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants under this subsection to States to continue in-
telligent transportation system management and op-
erations in the Interstate Route I–95 corridor coali-
tion region initiated under the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 
102–240). 
‘‘(2) FUNDING.—Of the amounts made available 
under section 2001(a)(4) of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 
2004, the Secretary shall use to carry out this sub-
section— 
‘‘(A) $8,000,000 for fiscal year 2004; 
‘‘(B) $10,000,000 for fiscal year 2005; 
‘‘(C) $12,000,000 for fiscal year 2006;
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HR 3550 EAS 
‘‘(D) $12,000,000 for fiscal year 2007; 
‘‘(E) $12,000,000 for fiscal year 2008; and 
‘‘(F) $12,000,000 for fiscal year 2009. 
‘‘§ 512. Transportation analysis simulation system 
‘‘(a) CONTINUATION OF TRANSIMS DEVELOPMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall continue 
the deployment of the advanced transportation model 
known as the ‘Transportation Analysis Simulation 
System’ (referred to in this section as ‘TRANSIMS’) 
developed by the Los Alamos National Laboratory. 
‘‘(2) REQUIREMENTS AND CONSIDERATIONS.—In 
carrying out paragraph (1), the Secretary shall— 
‘‘(A) further improve TRANSIMS to reduce 
the 
cost 
and 
complexity 
of 
using 
the 
TRANSIMS; 
‘‘(B) continue development of TRANSIMS 
for applications to facilitate transportation 
planning, regulatory compliance, and response to 
natural disasters and other transportation dis-
ruptions; and 
‘‘(C) assist State transportation depart-
ments and metropolitan planning organizations, 
especially smaller metropolitan planning organi-
zations, in the implementation of TRANSIMS 
by providing training and technical assistance.
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‘‘(b) ELIGIBLE ACTIVITIES.—The Secretary shall use 
funds made available to carry out this section— 
‘‘(1) to further develop TRANSIMS for addi-
tional applications, including— 
‘‘(A) congestion analyses; 
‘‘(B) major investment studies; 
‘‘(C) economic impact analyses; 
‘‘(D) alternative analyses; 
‘‘(E) freight movement studies; 
‘‘(F) emergency evacuation studies; 
‘‘(G) port studies; and 
‘‘(H) airport access studies; 
‘‘(2) provide training and technical assistance 
with respect to the implementation and application of 
TRANSIMS to States, local governments, and metro-
politan planning organizations with responsibility for 
travel modeling; 
‘‘(3) develop methods to simulate the national 
transportation infrastructure as a single, integrated 
system for the movement of individuals and goods; 
‘‘(4) provide funding to State transportation de-
partments and metropolitan planning organizations 
for implementation of TRANSIMS. 
‘‘(c) ALLOCATION
OF FUNDS.—Of the funds made 
available to carry out this section for each fiscal year, not
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HR 3550 EAS 
less than 15 percent shall be allocated for activities de-
scribed in subsection (b)(3). 
‘‘(d) FUNDING.—Of the amounts made available under 
section 2001(a) of the Safe, Accountable, Flexible, and Effi-
cient Transportation Equity Act of 2004 for each of fiscal 
years 2004 through 2009, the Secretary shall use $1,000,000 
to carry out this section. 
‘‘(e) AVAILABILITY OF FUNDS.—Funds made available 
under this section shall be available to the Secretary 
through the Transportation Planning, Research, and Devel-
opment Account of the Office of the Secretary.’’. 
(b) OTHER UNIVERSITY FUNDING.—No university 
(other than university transportation centers specified in 
section 510 of title 23, United States Code (as added by 
subsection (a)) shall receive funds made available under sec-
tion 2001 to carry out research unless the university is se-
lected to receive the funds— 
(1) through a competitive process that incor-
porates merit-based peer review; and 
(2) based on a proposal submitted to the Sec-
retary by the university in response to a request for 
proposals issued by the Secretary. 
(c) CONFORMING AMENDMENT.—Section 5505 of title 
49, United States Code, is repealed.
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HR 3550 EAS 
SEC. 2102. STUDY OF DATA COLLECTION AND STATISTICAL 
ANALYSIS EFFORTS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Highway Administration. 
(2) BOARD.—The term ‘‘Board’’ means the 
Transportation Research Board of the National Acad-
emy of Sciences. 
(3) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Transportation Statistics. 
(4) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) PRIORITY AREAS OF EFFORT.— 
(1) STATISTICAL
STANDARDS.—The Secretary 
shall direct the Bureau to assume the role of the lead 
agency in working with other agencies of the Depart-
ment to establish, by not later the date that is 1 year 
after the date of enactment of this Act, statistical 
standards for the Department. 
(2) STATISTICAL ANALYSIS EFFORT.— 
(A) IN GENERAL.—The Bureau shall pro-
vide to the Secretary, on an annual basis, an 
overview of the level of effort expended on statis-
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HR 3550 EAS 
tical analyses by each agency within the Depart-
ment. 
(B) DUTY OF AGENCIES.—Each agency of 
the Department shall provide to the Bureau such 
information as the Bureau may require in car-
rying out subparagraph (A). 
(3) NATIONAL SECURITY.—The Bureau shall— 
(A) conduct a study of the ways in which 
transportation statistics are and may be used for 
the purpose of national security; and 
(B) submit to the Transportation Security 
Administration recommendations for means by 
which the use of transportation statistics for the 
purpose of national security may be improved. 
(4) MODERNIZATION.—The Bureau shall develop 
new protocols for adapting data collection and deliv-
ery efforts in existence as of the date of enactment of 
this Act to deliver information in a more timely and 
frequent fashion. 
(c) STUDY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall 
provide a grant to, or enter into a cooperative agree-
ment or contract with, the Board for the conduct of 
a study of the data collection and statistical analysis
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efforts of the Department with respect to the modes of 
surface transportation for which funds are made 
available under this Act. 
(2) PURPOSE.—The purpose of the study shall be 
to provide to the Department information for use by 
agencies of the Department in providing to surface 
transportation agencies and individuals engaged in 
the surface transportation field higher quality, and 
more relevant and timely, data, statistical analyses, 
and products. 
(3) CONTENT.—The study shall include— 
(A) an examination and analysis of the ef-
forts, analyses, and products (with respect to 
usefulness and policy relevance) of the Bureau as 
of the date of the study, as compared with the 
duties of the Bureau specified in subsections (c) 
through (f) of section 111 of title 49, United 
States Code; 
(B) an examination and analysis of data 
collected by, methods of data collection of, and 
analyses performed by, agencies within the De-
partment; and 
(C) recommendations relating to—
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(i) the future efforts of the Department 
in the area of surface transportation with 
respect to— 
(I) types of data collected; 
(II) methods of data collection; 
(III) types of analyses performed; 
and 
(IV) products made available by 
the Secretary to the transportation 
community and Congress; 
(ii) the means by which the Depart-
ment may cooperate with State transpor-
tation departments to provide technical as-
sistance in the use of data collected by traf-
fic operations centers; and 
(iii) duplication of efforts within the 
Department, including ways in which— 
(I) the duplication may be re-
duced or eliminated; and 
(II) each agency of the Depart-
ment may cooperate with, and com-
plement the efforts of, the others. 
(4) CONSULTATION.—In conducting the study, 
the Board shall consult with such stakeholders, agen-
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cies, and other entities as the Board considers to be 
appropriate. 
(5) REPORT.—Not later than 1 year after the 
date on which a grant is provided, or a cooperative 
agreement or contract is entered into, for a study 
under paragraph (1)— 
(A) the Board shall submit to the Secretary, 
the Committee on Environment and Public 
Works of the Senate, and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a final report on the results of 
the study; and 
(B) the results of the study shall be pub-
lished— 
(i) by the Secretary, on the Internet 
website of the Department; and 
(ii) by the Board, on the Internet 
website of the Board. 
(6) IMPLEMENTATION OF RESULTS.—The Bureau 
shall, to the maximum extent practicable, implement 
any recommendations made with respect to the results 
of the study under this subsection. 
(7) COMPLIANCE.—
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(A) IN GENERAL.—The Comptroller General 
of the United States shall conduct a review of the 
study under this subsection. 
(B) NONCOMPLIANCE.—If the Comptroller 
General of the United States determines that the 
Bureau failed to conduct the study under this 
subsection, the Bureau shall be ineligible to re-
ceive funds from the Highway Trust Fund until 
such time as the Bureau conducts the study 
under this subsection. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 111 of title 49, United States Code, 
is amended— 
(A) by redesignating subsection (k) as sub-
section (m); 
(B) by inserting after subsection (j) the fol-
lowing: 
‘‘(k) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—For fiscal year 2005 and 
each fiscal year thereafter, the Bureau shall prepare 
and submit to the Secretary an annual report that— 
‘‘(A) describes progress made in responding 
to study recommendations for the fiscal year; 
and
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‘‘(B) summarizes the activities and expendi-
ture of funds by the Bureau for the fiscal year. 
‘‘(2) AVAILABILITY.—The Bureau shall— 
‘‘(A) make the report described in para-
graph (1) available to the public; and 
‘‘(B) publish the report on the Internet 
website of the Bureau. 
‘‘(3) COMBINATION OF REPORTS.—The report re-
quired under paragraph (1) may be included in or 
combined with the Transportation Statistics Annual 
Report required by subsection (j). 
‘‘(l) EXPENDITURE OF FUNDS.—Funds from the High-
way Trust Fund (other than the Mass Transit Account) 
that are authorized to be appropriated, and made available, 
in accordance with section 2001(a)(3) of the Safe, Account-
able, Flexible, and Efficient Transportation Equity Act of 
2004 shall be used only for the collection and statistical 
analysis of information relating to surface transportation 
systems.’’; and 
(C) in subsection (m) (as redesignated by 
subparagraph (A)), by inserting ‘‘surface trans-
portation’’ after ‘‘sale of’’. 
(2) The analysis for chapter 55 of title 49, 
United States Code, is amended by striking the item 
relating to section 5505 and inserting the following: 
‘‘5505. University transportation centers.’’.
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SEC. 2103. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
the centers for surface transportation excellence described in 
subsection (b) to promote high-quality outcomes in support 
of strategic national programs and activities, including— 
(1) the environment; 
(2) operations; 
(3) surface transportation safety; 
(4) project finance; and 
(5) asset management. 
(b) CENTERS.—The centers for surface transportation 
excellence referred to in subsection (a) are— 
(1) a Center for Environmental Excellence to 
provide technical assistance, information sharing of 
best practices, and training in the use of tools and de-
cision-making processes to assist States in planning 
and delivering environmentally-sound surface trans-
portation projects; 
(2) a Center for Operations Excellence to provide 
support for an integrated and coordinated national 
program for implementing operations in planning 
and management (including standards development) 
for the transportation system in the United States;
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(1) IN GENERAL.—Before funds authorized under 
this section for fiscal years 2005 through 2009 are ob-
ligated, the Secretary shall review and approve a 
multiyear strategic plan to be submitted by each of 
the centers. 
(2) TIMING.—The plan shall be submitted before 
the beginning of fiscal year 2005 and, subsequently, 
shall be annually updated. 
(3) CONTENT.—The plan shall include— 
(A) a list of research and technical assist-
ance projects and objectives; and 
(B) a description of any other technology 
transfer activities, including a summary of 
training efforts. 
(4) COOPERATION AND COMPETITION.— 
(A) IN
GENERAL.—The Secretary shall 
carry out this section by making grants to, or 
entering into contracts, cooperative agreements, 
and other transactions with— 
(i) the National Academy of Sciences; 
(ii) the American Association of State 
Highway and Transportation Officials; 
(iii) planning organizations; 
(iv) a Federal laboratory; 
(v) a State agency;
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(vi) an authority, association, institu-
tion, or organization; or 
(vii) a for-profit or nonprofit corpora-
tion. 
(B) COMPETITION; REVIEW.—All parties en-
tering into contracts, cooperative agreements, or 
other transactions with the Secretary, or receiv-
ing grants, to perform research or provide tech-
nical assistance under this section shall be se-
lected, to the maximum extent practicable— 
(i) on a competitive basis; and 
(ii) on the basis of the results of peer 
review of proposals submitted to the Sec-
retary. 
(5) NONDUPLICATION.—The Secretary shall en-
sure that activities conducted by each of the centers 
do not duplicate, and to the maximum extent prac-
ticable, are integrated and coordinated with similar 
activities conducted by the Federal Highway Admin-
istration, the local technical assistance program, uni-
versity transportation centers, and other research ef-
forts supported with funds authorized by this title. 
(d) ALLOCATIONS.— 
(1) IN GENERAL.—For each of fiscal years 2004 
through 2009, of the funds made available under sec-
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tion 2001(a)(1)(A), the Secretary shall set aside 
$10,000,000 to carry out this section. 
(2) ALLOCATION OF FUNDS.—Of the funds made 
available under paragraph (1)— 
(A) 20 percent shall be allocated to the Cen-
ter for Environmental Excellence established 
under subsection (b)(1); 
(B) 30 percent shall be allocated to the Cen-
ter for Operations Excellence established under 
subsection (b)(2); 
(C) 20 percent shall be allocated to the Cen-
ter for Excellence in Surface Transportation 
Safety established under subsection (b)(3); 
(D) 10 percent shall be allocated to the Cen-
ter for Excellence in Project Finance established 
under subsection (b)(4); and 
(E) 20 percent shall be allocated to the Cen-
ter for Excellence in Asset Management estab-
lished under subsection (b)(5). 
(3) APPLICABILITY OF TITLE 23.—Funds made 
available under this section shall be available for obli-
gation in the same manner as if the funds were ap-
portioned under chapter 1 of title 23, United States 
Code, except that the Federal share shall be 100 per-
cent.
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SEC. 
2104. 
MOTORCYCLE 
CRASH 
CAUSATION 
STUDY 
GRANTS. 
(a) GRANTS.—The Secretary shall provide grants for 
the purpose of conducting a comprehensive, in-depth motor-
cycle crash causation study that employs the common inter-
national methodology for in-depth motorcycle accident in-
vestigation of the Organization for Economic Cooperation 
and Development. 
(b) FUNDING.—Of the amounts made available under 
section 2001(a)(3), $1,500,000 for each of fiscal years 2004 
and 2005 shall be available to carry out this section. 
SEC. 2105. TRANSPORTATION TECHNOLOGY INNOVATION 
AND DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—Section 5117(b)(3) of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 449; 112 
Stat. 864; 115 Stat. 2330) is amended— 
(1) in subparagraph (B)— 
(A) in clause (i)— 
(i) in the first sentence— 
(I) by striking ‘‘Build an’’ and 
inserting ‘‘Build or integrate an’’; and 
(II) by striking ‘‘$2,000,000’’ and 
inserting ‘‘$2,500,000’’; and 
(ii) in the second sentence— 
(I) by striking ‘‘300,000 and 
that’’ and inserting ‘‘300,000,’’; and
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(II) by inserting before the period 
at the end the following: ‘‘, and in-
cludes major transportation corridors 
serving that metropolitan area’’; 
(B) in clause (ii), by striking all that fol-
lows ‘‘will be’’ and inserting ‘‘reinvested in the 
intelligent transportation infrastructure sys-
tem.’’; 
(C) by striking clause (iii); and 
(D) by redesignating clauses (iv) and (v) as 
clauses (iii) and (iv), respectively; 
(2) in subparagraph (C)(ii), by striking ‘‘July 1, 
2002’’ and inserting ‘‘the date that is 180 days after 
the date of enactment of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of 
2003’’; 
(3) in subparagraph (E), by striking clause (ii) 
and inserting the following: 
‘‘(ii) The term ‘‘follow-on deployment 
areas’’ means the metropolitan areas of Al-
bany, Atlanta, Austin, Baltimore, Bir-
mingham, Boston, Burlington Vermont, 
Charlotte, Chicago, Cleveland, Columbus, 
Dallas/Ft. Worth, Denver, Detroit, Greens-
boro, 
Hartford, 
Houston, 
Indianapolis,
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Jacksonville, Kansas City, Las Vegas, Los 
Angeles, 
Louisville, 
Miami, 
Milwaukee, 
Minneapolis-St. Paul, Nashville, New Orle-
ans, New York/Northern New Jersey, Nor-
folk, Northern Kentucky/Cincinnati, Okla-
homa City, Orlando, Philadelphia, Phoenix, 
Pittsburgh, Portland, Providence, Raleigh, 
Richmond, Sacramento, Salt Lake, San 
Diego, San Francisco, San Jose, St. Louis, 
Seattle, Tampa, Tucson, Tulsa, and Wash-
ington, District of Columbia.’’; 
(4) in subparagraph (F)— 
(A) by striking ‘‘Of the amounts’’ and in-
serting the following: 
‘‘(i) THIS ACT.—Of the amounts’’; and 
(B) by adding at the end the following: 
‘‘(ii) SAFETEA.—There are author-
ized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit 
Account) $5,000,000 for each fiscal year to 
carry out this paragraph. 
‘‘(iii) AVAILABILITY; NO
REDUCTION 
OR SETASIDE.—Amounts made available by 
this subparagraph—
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‘‘(I) shall remain available until 
expended; and 
‘‘(II) shall not be subject to any 
reduction or setaside.’’; and 
(5) by adding at the end the following: 
‘‘(H) USE OF RIGHTS-OF-WAY.— 
‘‘(i) 
IN
GENERAL.—An 
intelligent 
transportation system project described in 
paragraph (3) or (6) that involves privately 
owned intelligent transportation system 
components and is carried out using funds 
made available from the Highway Trust 
Fund shall not be subject to any law (in-
cluding a regulation) of a State or political 
subdivision of a State prohibiting or regu-
lating commercial activities in the rights-of- 
way of a highway for which Federal-aid 
highway funds have been used for planning, 
design, construction, or maintenance, if the 
Secretary determines that such use is in the 
public interest. 
‘‘(ii) EFFECT
OF
SUBPARAGRAPH.— 
Nothing in this subparagraph affects the 
authority of a State or political subdivision 
of a State to regulate highway safety.’’.
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(b) CONFORMING AMENDMENT.—Section 5204 of the 
Transportation Equity Act for the 21st Century (112 Stat. 
453) is amended by striking subsection (k) (112 Stat. 2681– 
478). 
Subtitle C—Intelligent 
Transportation System Research 
SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RE-
SEARCH AND TECHNICAL ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code (as amended by section 2101), is amended by adding 
at the end the following: 
‘‘SUBCHAPTER 
II—INTELLIGENT 
TRANSPOR-
TATION SYSTEM RESEARCH AND TECHNICAL 
ASSISTANCE PROGRAM 
‘‘§ 521. Finding 
‘‘Congress finds that continued investment in architec-
ture and standards development, research, technical assist-
ance for State and local governments, and systems integra-
tion is needed to accelerate the rate at which intelligent 
transportation systems— 
‘‘(1) are incorporated into the national surface 
transportation network; and 
‘‘(2) as a result of that incorporation, improve 
transportation safety and efficiency and reduce costs
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and negative impacts on communities and the envi-
ronment. 
‘‘§ 522. Goals and purposes 
‘‘(a) GOALS.—The goals of the intelligent transpor-
tation system research and technical assistance program in-
clude— 
‘‘(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade— 
‘‘(A) to meet a significant portion of future 
transportation needs, including public access to 
employment, goods, and services; and 
‘‘(B) to reduce regulatory, financial, and 
other transaction costs to public agencies and 
system users; 
‘‘(2) the acceleration of the use of intelligent 
transportation systems to assist in the achievement of 
national transportation safety goals, including the en-
hancement of safe operation of motor vehicles and 
nonmotorized vehicles, with particular emphasis on 
decreasing the number and severity of collisions; 
‘‘(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting
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State and local governments in achieving national en-
vironmental goals; 
‘‘(4) accommodation of the needs of all users of 
surface transportation systems, including— 
‘‘(A) operators of commercial vehicles, pas-
senger vehicles, and motorcycles; 
‘‘(B) users of public transportation users 
(with respect to intelligent transportation system 
user services); and 
‘‘(C) individuals with disabilities; and 
‘‘(5)(A) improvement of the ability of the United 
States to respond to emergencies and natural disas-
ters; and 
‘‘(B) enhancement of national security and de-
fense mobility. 
‘‘(b) PURPOSES.—The Secretary shall carry out activi-
ties under the intelligent transportation system research 
and technical assistance program to, at a minimum— 
‘‘(1) assist in the development of intelligent 
transportation system technologies; 
‘‘(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;
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‘‘(3) improve regional cooperation, interoper-
ability, and operations for effective intelligent trans-
portation system performance; 
‘‘(4) promote the innovative use of private re-
sources; 
‘‘(5) assist State transportation departments in 
developing a workforce capable of developing, oper-
ating, and maintaining intelligent transportation 
systems; 
‘‘(6) maintain an updated national ITS archi-
tecture and consensus-based standards while ensuring 
an effective Federal presence in the formulation of do-
mestic and international ITS standards; 
‘‘(7) advance commercial vehicle operations com-
ponents of intelligent transportation systems— 
‘‘(A) to improve the safety and productivity 
of commercial vehicles and drivers; and 
‘‘(B) to reduce costs associated with com-
mercial vehicle operations and Federal and State 
commercial vehicle regulatory requirements; 
‘‘(8) evaluate costs and benefits of intelligent 
transportation systems projects; 
‘‘(9) improve, as part of the Archived Data User 
Service and in cooperation with the Bureau of Trans-
portation Statistics, the collection of surface transpor-
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tation system condition and performance data 
through the use of intelligent transportation system 
technologies; and 
‘‘(10) ensure access to transportation informa-
tion and services by travelers of all ages. 
‘‘§ 523. Definitions 
‘‘In this subchapter: 
‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘commercial vehicle 
information systems and networks’ means the infor-
mation systems and communications networks that 
support commercial vehicle operations. 
‘‘(2) COMMERCIAL VEHICLE OPERATIONS.— 
‘‘(A) IN GENERAL.—The term ‘commercial 
vehicle operations’ means motor carrier oper-
ations and motor vehicle regulatory activities as-
sociated with the commercial movement of goods 
(including hazardous materials) and passengers. 
‘‘(B) INCLUSIONS.—The term ‘commercial 
vehicle operations’, with respect to the public sec-
tor, includes— 
‘‘(i) the issuance of operating creden-
tials; 
‘‘(ii) the administration of motor vehi-
cle and fuel taxes; and
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‘‘(iii) roadside safety and border cross-
ing inspection and regulatory compliance 
operations. 
‘‘(3) 
INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘intelligent transportation in-
frastructure’ means fully integrated public sector in-
telligent transportation system components, as defined 
by the Secretary. 
‘‘(4) 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 system. 
‘‘(5) NATIONAL ITS ARCHITECTURE.—The term 
‘national ITS architecture’ means the common frame-
work for interoperability adopted by the Secretary 
that defines— 
‘‘(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.
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‘‘(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 characteristics 
so as to ensure that materials, products, proc-
esses, and services are fit for their purposes; and 
‘‘(B) may— 
‘‘(i) support the national ITS architec-
ture; and 
‘‘(ii) promote— 
‘‘(I) the widespread use and adop-
tion of intelligent transportation sys-
tem technology as a component of the 
surface transportation systems of the 
United States; and 
‘‘(II) interoperability among in-
telligent transportation system tech-
nologies implemented throughout the 
States. 
‘‘§ 524. General authorities and requirements 
‘‘(a) SCOPE.—Subject to this subchapter, the Secretary 
shall carry out an ongoing intelligent transportation system 
research program—
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‘‘(1) to research, develop, and operationally test 
intelligent transportation systems; and 
‘‘(2) to provide technical assistance in the na-
tionwide application of those systems as a component 
of the surface transportation systems of the United 
States. 
‘‘(b) POLICY.—Intelligent transportation system oper-
ational tests and projects funded under this subchapter shall 
encourage, but not displace, public-private partnerships or 
private sector investment in those tests and projects. 
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system research and tech-
nical assistance program in cooperation with— 
‘‘(1) State and local governments and other pub-
lic entities; 
‘‘(2) the private sector; 
‘‘(3) Federal laboratories (as defined in section 
501); and 
‘‘(4) colleges and universities, including histori-
cally black colleges and universities and other minor-
ity institutions of higher education. 
‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system research
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program, the Secretary, as appropriate, shall consult 
with— 
‘‘(1) the Secretary of Commerce; 
‘‘(2) the Secretary of the Treasury; 
‘‘(3) the Administrator of the Environmental 
Protection Agency; 
‘‘(4) the Director of the National Science Foun-
dation; and 
‘‘(5) the Secretary of Homeland Security. 
‘‘(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 system management and operations (includ-
ing intelligent transportation systems) within metropolitan 
and statewide transportation planning processes. 
‘‘(g) INFORMATION CLEARINGHOUSE.—The Secretary 
shall— 
‘‘(1) maintain a repository for technical and 
safety data collected as a result of federally sponsored 
projects carried out under this subchapter; and
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‘‘(2) on request, make that information (except 
for proprietary information and data) readily avail-
able to all users of the repository at an appropriate 
cost. 
‘‘(h) ADVISORY COMMITTEES.— 
‘‘(1) IN GENERAL.—In carrying out this sub-
chapter, the Secretary— 
‘‘(A) may use 1 or more advisory commit-
tees; and 
‘‘(B) shall designate a public-private orga-
nization, the members of which participate in 
on-going research, planning, standards develop-
ment, deployment, and marketing of ITS pro-
grams, products, and services, and coordinate the 
development and deployment of intelligent trans-
portation systems in the United States, as the 
Federal advisory committee authorized by section 
5204(h) of the Transportation Equity Act for the 
21st Century (112 Stat. 454). 
‘‘(2) FUNDING.—Of the amount made available 
to carry out this subchapter, the Secretary may use 
$1,500,000 for each fiscal year for advisory commit-
tees described in paragraph (1). 
‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Any advisory committee described in
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paragraph (1) shall be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.). 
‘‘(i) PROCUREMENT METHODS.—The Secretary shall 
develop and provide appropriate technical assistance and 
guidance to assist State and local agencies in evaluating 
and selecting appropriate methods of deployment and pro-
curement for intelligent transportation system projects car-
ried out using funds made available from the Highway 
Trust Fund, including innovative and nontraditional meth-
ods such as Information Technology Omnibus Procurement 
(as developed by the Secretary). 
‘‘(j) EVALUATIONS.— 
‘‘(1) GUIDELINES AND REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
issue revised guidelines and requirements for the 
evaluation of operational tests and other intel-
ligent transportation system projects carried out 
under this subchapter. 
‘‘(B) OBJECTIVITY AND INDEPENDENCE.— 
The guidelines and requirements issued under 
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the eval-
uator so as to avoid any real or apparent con-
flict of interest or potential influence on the out-
come by—
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‘‘(i) parties to any such test; or 
‘‘(ii) any other formal evaluation car-
ried out under this subchapter. 
‘‘(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 that ensure 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 or program as-
sessment activity under this subchapter shall not be 
subject to chapter 35 of title 44. 
‘‘§ 525. National ITS Program Plan 
‘‘(a) IN GENERAL.— 
‘‘(1) UPDATES.—Not later than 1 year after the 
date of enactment of the Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2004, the 
Secretary, in consultation with interested stakeholders 
(including State transportation departments) shall 
develop a 5-year National ITS Program Plan. 
‘‘(2) SCOPE.—The National ITS Program Plan 
shall—
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‘‘(A) specify the goals, objectives, and mile-
stones for the research and deployment of intel-
ligent transportation systems in the contexts of— 
‘‘(i) major metropolitan areas; 
‘‘(ii) smaller metropolitan and rural 
areas; and 
‘‘(iii) commercial vehicle operations; 
‘‘(B) specify the manner in which specific 
programs and projects will achieve the goals, ob-
jectives, and milestones referred to in subpara-
graph (A), including consideration of a 5-year 
timeframe for the goals and objectives; 
‘‘(C) identify activities that provide for the 
dynamic development, testing, and necessary re-
vision of standards and protocols to promote and 
ensure interoperability in the implementation of 
intelligent transportation system technologies, 
including actions taken to establish standards; 
and 
‘‘(D) establish a cooperative process with 
State and local governments for— 
‘‘(i) determining desired surface trans-
portation system performance levels; and 
‘‘(ii) developing plans for accelerating 
the incorporation of specific intelligent
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‘‘(ii) promote interoperability and effi-
ciency, to the maximum extent practicable; 
and 
‘‘(C) agree to execute interoperability tests 
developed by the Federal Motor Carrier Safety 
Administration to verify that the systems of the 
State conform with the national intelligent 
transportation systems architecture, applicable 
standards, and protocols for commercial vehicle 
information systems and networks. 
‘‘(3) AMOUNT OF GRANTS.—The maximum ag-
gregate amount a State may receive under this sub-
section for the core deployment of commercial vehicle 
information systems and networks may not exceed 
$2,500,000, including funds received under section 
2001(a) of the Safe, Accountable, Flexible, and Effi-
cient Transportation Equity Act of 2004 for the core 
deployment of commercial vehicle information systems 
and networks. 
‘‘(4) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), funds from a grant under this sub-
section may only be used for the core deployment 
of commercial vehicle information systems and 
networks.