422
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary 
may make grants to, and enter into cooperative agree-
ments with, the American Association of State Highway 
and Transportation Officials and the National Academy 
of Sciences to carry out such activities under this sub-
section as the Secretary determines are appropriate. 
‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail-
able to carry out this section shall remain available for 
the fiscal year in which such funds are made available and 
the 3 succeeding fiscal years. 
‘‘(d) PROGRAM PRIORITIES.—
‘‘(1) PROGRAM ELEMENTS.—The program es-
tablished under this section shall be based on the 
National Research Council Special Report 260, enti-
tled ‘Strategic Highway Research: Saving Lives, Re-
ducing Congestion, Improving Quality of Life’ and 
the results of the detailed planning work subse-
quently carried out in 2002 and 2003 to identify the 
research areas through National Cooperative Re-
search Program Project 20–58. The research pro-
gram shall include an analysis of the following: 
‘‘(A) Renewal of aging highway infrastruc-
ture with minimal impact to users of the facili-
ties.
423
‘‘(B) Driving behavior and likely crash 
causal factors to support improved counter-
measures. 
‘‘(C) Reducing highway congestion due to 
nonrecurring congestion. 
‘‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs. 
‘‘(2) DISSEMINATION
OF
RESULTS.—The re-
search results of the program, expressed in terms of 
technologies, methodologies, and other appropriate 
categorizations, shall be disseminated to practicing 
engineers for their use, as soon as practicable. 
‘‘(e) PROGRAM ADMINISTRATION.—In carrying out 
the program under this section, the National Research 
Council shall ensure, to the maximum extent practicable, 
that—
‘‘(1) projects and researchers are selected to 
conduct research for the program on the basis of 
merit and open solicitation of proposals and review 
by panels of appropriate experts; 
‘‘(2) State department of transportation offi-
cials and other stakeholders, as appropriate, are in-
volved in the governance of the program at the over-
424
all program level and technical level through the use 
of expert panels and committees; 
‘‘(3) the Council acquires a qualified, perma-
nent core staff with the ability and expertise to man-
age the program and multiyear budget; and 
‘‘(4) there is no duplication of research effort 
between the program and any other research effort 
of the Department. 
‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—
‘‘(1) REPORT.—The Transportation Research 
Board of the National Research Council shall com-
plete a report on the strategies and administrative 
structure to be used for implementation of the re-
sults of the future strategic highway research pro-
gram. 
‘‘(2) COMPONENTS.—The report under para-
graph (1) shall include with respect to the pro-
gram—
‘‘(A) an identification of the most prom-
ising results of research under the program (in-
cluding the persons most likely to use the re-
sults); 
‘‘(B) a discussion of potential incentives 
for, impediments to, and methods of, imple-
menting those results;
425
‘‘(C) an estimate of costs of implementa-
tion of those results; and 
‘‘(D) recommendations on methods by 
which implementation of those results should be 
conducted, coordinated, and supported in future 
years, including a discussion of the administra-
tive structure and organization best suited to 
carry out those recommendations. 
‘‘(3) CONSULTATION.—In developing the report, 
the Transportation Research Board shall consult 
with a wide variety of stakeholders, including—
‘‘(A) the Federal Highway Administration; 
‘‘(B) the National Highway Traffic Safety 
Administration; and 
‘‘(C) the American Association of State 
Highway and Transportation Officials. 
‘‘(4) SUBMISSION.—Not later than February 1, 
2009, the report shall be submitted to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(g) LIMITATION OF REMEDIES.—
‘‘(1) SAME REMEDY AS IF UNITED STATES.—
The remedy against the United States provided by 
sections 1346(b) and 2672 of title 28 for injury, loss
426
of property, personal injury, or death shall apply to 
any claim against the National Academy of Sciences 
for money damages for injury, loss of property, per-
sonal injury, or death caused by any negligent or 
wrongful act or omission by employees and individ-
uals described in paragraph (3) arising from activi-
ties conducted under or in connection with this sec-
tion. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to 
such claim if such claim were against the United 
States. With respect to any such claim, the Sec-
retary shall be treated as the head of the appro-
priate Federal agency for purposes of sections 2672 
and 2675 of title 28. 
‘‘(2) EXCLUSIVENESS OF REMEDY.—The rem-
edy referred to in paragraph (1) shall be exclusive 
of any other civil action or proceeding for the pur-
pose of determining liability arising from any such 
act or omission without regard to when the act or 
omission occurred. 
‘‘(3) TREATMENT.—Employees of the National 
Academy of Sciences and other individuals appointed 
by the president of the National Academy of 
Sciences and acting on its behalf in connection with 
activities carried out under this section shall be
427
treated as if they are employees of the Federal Gov-
ernment under section 2671 of title 28 for purposes 
of a civil action or proceeding with respect to a claim 
described in paragraph (1). The civil action or pro-
ceeding shall proceed in the same manner as any 
proceeding under chapter 171 of title 28 or action 
against the United States filed pursuant to section 
1346(b) of title 28 and shall be subject to the limita-
tions and exceptions applicable to such a proceeding 
or action. 
‘‘(4) SOURCES OF PAYMENTS.—Payment of any 
award, compromise, or settlement of a civil action or 
proceeding with respect to a claim described in para-
graph (1) shall be paid first out of insurance main-
tained by the National Academy of Sciences, second 
from funds made available to carry out this section, 
and then from sums made available under section 
1304 of title 31. For purposes of such section, such 
an award, compromise, or settlement shall be 
deemed to be a judgment, award, or settlement pay-
able under section 2414 or 2672 of title 28. The 
Secretary may establish a reserve of funds made 
available to carry out this section for making pay-
ments under this paragraph. 
‘‘(f) FUNDING.—
428
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out using amounts 
made available under a grant or cooperative agree-
ment under this section shall be 100 percent, and 
such funds shall remain available until expended. 
‘‘(2) ADVANCE PAYMENTS.—The Secretary may 
make advance payments as necessary to carry out 
the program under this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘‘510. Future strategic highway research program.’’.
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $75,000,000 for each of 
fiscal years 2004 through 2009 shall be available to carry 
out section 510 of title 23, United States Code. 
SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN-
AGEMENT SYSTEM PROJECT. 
(a) IN GENERAL.—The Secretary shall fund and 
carry out a project to further the development of a com-
prehensive transportation safety information management 
system (in this section referred to as ‘‘TSIMS’’). 
(b) PURPOSES.—The purpose of the TSIMS project 
is to further the development of a software application to 
provide for the collection, integration, management, and 
dissemination of safety data from and for use among State
429
and local safety and transportation agencies, including 
driver licensing, vehicle registration, emergency manage-
ment system, injury surveillance, roadway inventory, and 
motor carrier databases. 
(c) FUNDING.—
(1) FEDERAL CONTRIBUTION.—Of the amounts 
made available by section 5101(a)(1) of this Act, 
$5,000,000 for each of fiscal years 2004 and 2005 
shall be available to carry out the TSIMS project 
under this section. 
(2) STATE CONTRIBUTION.—The sums author-
ized in paragraph (1) are intended to supplement 
voluntary contributions to be made by State depart-
ments of transportation and other State safety and 
transportation agencies. 
SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE-
LIEF SOLUTIONS RESEARCH INITIATIVE. 
(a) ESTABLISHMENT.—During fiscal year 2004, the 
Secretary, acting through the Federal Highway Adminis-
tration, shall establish a surface transportation congestion 
solutions research initiative consisting of 2 independent 
research programs described in subsections (b)(1) and 
(b)(2) and designed to develop information to assist State 
transportation departments and metropolitan planning or-
430
ganizations measure and address surface transportation 
congestion problems. 
(b) SURFACE TRANSPORTATION CONGESTION SOLU-
TIONS RESEARCH PROGRAM.—
(1) IMPROVED SURFACE TRANSPORTATION CON-
GESTION
MANAGEMENT
SYSTEM
MEASURES.—The 
purposes of the first research program established 
under this section shall be—
(A) to examine the effectiveness of surface 
transportation congestion management systems 
since enactment of the Intermodal Surface 
Transportation Assistance Act of 1991 (Public 
Law 102–240); 
(B) to identify best case examples of lo-
cally designed reporting methods and incor-
porate such methods in research on national 
models for developing and recommending im-
proved surface transportation congestion meas-
urement and reporting; and 
(C) to incorporate such methods in the de-
velopment of national models and methods to 
monitor, measure, and report surface transpor-
tation congestion information. 
(2) ANALYTICAL TECHNIQUES FOR ACTION ON 
SURFACE TRANSPORTATION CONGESTION.—The pur-
431
poses of the second research program established 
under this section shall be—
(A) to analyze the effectiveness of proce-
dures used by State transportation departments 
and metropolitan planning organizations to as-
sess surface transportation congestion problems 
and communicate those problems to decision-
makers; and 
(B) to identify methods to ensure that the 
results of surface transportation congestion 
analyses will lead to the targeting of funding 
for programs, projects, or services with dem-
onstrated effectiveness in reducing travel delay, 
congestion, and system unreliability. 
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fis-
cal year 2006, the Secretary, acting through the Federal 
Highway Administration, shall develop a technical assist-
ance and training program to disseminate the results of 
the surface transportation congestion solutions research 
initiative for the purpose of assisting State transportation 
departments and local transportation agencies with im-
proving their approaches to surface transportation conges-
tion measurement, analysis, and project programming. 
(d) FUNDING.—Of the amounts made available by 
sections 5101(a)(1) of this Act, $18,000,000 for each of
432
fiscal years 2004 through 2009 shall be available to carry 
out subsections (a) and (b). Of the amounts made avail-
able by section 5101(a)(2), $2,000,000 for each of fiscal 
years 2004 through 2009 shall be available to carry out 
subsection (c). 
Subtitle C—University Transpor-
tation 
Research; 
Scholarship 
Opportunities 
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS. 
(a) IN GENERAL.—Section 5505 of title 49, United 
States Code, is amended to read as follows:
‘‘§ 5505. National university transportation centers 
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The 
Secretary of Transportation shall make grants under 
this section to eligible nonprofit institutions of high-
er learning to establish and operate national univer-
sity transportation centers. 
‘‘(2) ROLE OF CENTERS.—The role of each cen-
ter shall be to advance significantly transportation 
research on critical national transportation issues 
and to expand the workforce of transportation pro-
fessionals.
433
‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant 
received by an eligible nonprofit institution of higher 
learning under this section shall be available for the same 
purposes, and shall be subject to the same terms and con-
ditions, as a grant made to a nonprofit institution of high-
er learning under section 5506. 
‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER 
LEARNING DEFINED.—In this section, the term ‘eligible 
nonprofit institution of higher learning’ means each of the 
lead institutions identified in subsections (j)(4)(A), 
(j)(4)(B), and (j)(4)(F) of section 5505 as in effect on 
the day before the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the university re-
ferred to in section 704 of Public Law 103–206 (107 Stat. 
2447), and the university that, as of the day before such 
date of enactment, is the lead institution for the regional 
university transportation center for region 5 of the Stand-
ard Federal Regional Boundary System. 
‘‘(d) GRANTS.—In each of fiscal years 2004 through 
2009, the Secretary shall make a grant under this section 
to each eligible nonprofit institution of higher learning in 
an amount not to exceed $4,000,000.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by
434
striking the item relating to section 5505 and inserting 
the following:
‘‘5505. National university transportation centers.’’.
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. 
(a) IN GENERAL.—Section 5506 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5506. University transportation research 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants under this section to nonprofit institu-
tions of higher learning to establish and operate university 
transportation centers. 
‘‘(b) OBJECTIVES.—Grants received under this sec-
tion shall be used by nonprofit institutions of higher learn-
ing to advance significantly the state-of-the-art in trans-
portation research and expand the workforce of transpor-
tation professionals through the following programs and 
activities: 
‘‘(1) RESEARCH.—Basic and applied research, 
the products of which are judged by peers or other 
experts in the field of transportation to advance the 
body of knowledge in transportation. 
‘‘(2) EDUCATION.—An education program re-
lating to transportation that includes multidisci-
plinary course work and participation in research. 
‘‘(3) TECHNOLOGY
TRANSFER.—An ongoing 
program of technology transfer that makes transpor-
435
tation research results available to potential users in 
a form that can be implemented, utilized, or other-
wise applied. 
‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—
‘‘(1) IN
GENERAL.—For each of fiscal years 
2004 through 2009, the Secretary shall make grants 
under subsection (a) to nonprofit institutions of 
higher learning to establish and operate—
‘‘(A) 10 regional university transportation 
centers; 
‘‘(B) 10 Tier I university transportation 
centers; and 
‘‘(C) 10 Tier II university transportation 
centers. 
‘‘(2) LOCATION OF REGIONAL CENTERS.—One 
regional university transportation center shall be lo-
cated in each of the 10 United States Government 
regions that comprise the Standard Federal Re-
gional Boundary System. 
‘‘(3) LIMITATION.—A nonprofit institution of 
higher learning may not directly receive a grant 
under this section for a fiscal year for more than 
one university transportation center. 
‘‘(d) COMPETITIVE SELECTION PROCESS.—
436
‘‘(1) APPLICATIONS.—In order to be eligible to 
receive a grant under this section, a nonprofit insti-
tution of higher learning shall submit to the Sec-
retary an application that is in such form and con-
tains such information as the Secretary may require. 
‘‘(2) GENERAL SELECTION CRITERIA.—Except 
as otherwise provided by this section, the Secretary 
shall select each recipient of a grant under this sec-
tion through a competitive process on the basis of 
the following: 
‘‘(A) The demonstrated research and ex-
tension resources available to the recipient to 
carry out this section. 
‘‘(B) The capability of the recipient to pro-
vide leadership in making national and regional 
contributions to the solution of immediate and 
long-range transportation problems. 
‘‘(C) The recipient’s demonstrated commit-
ment of at least $400,000 each year in regu-
larly budgeted institutional amounts to support 
ongoing transportation research and education 
programs. 
‘‘(D) The recipient’s demonstrated ability 
to disseminate results of transportation re-
search and education programs through a state-
437
wide or regionwide continuing education pro-
gram. 
‘‘(E) The strategic plan the recipient pro-
poses to carry out under the grant. 
‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than March 31, 
2005, and not later than March 31st of every 4th 
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher 
learning for grants to establish and operate the 10 
regional university transportation centers referred to 
in subsection (c)(1)(A). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of—
‘‘(A) the criteria described in subsection 
(d)(2); 
‘‘(B) the location of the center within the 
Federal region to be served; and 
‘‘(C) whether or not the institution (or, in 
the case of a consortium of institutions, the 
lead institution) can demonstrate that it has a 
well-established, nationally recognized program
438
in transportation research and education, as 
evidenced by—
‘‘(i) not less than $2,000,000 in high-
way or public transportation research ex-
penditures per year for each of the pre-
ceding 5 years; 
‘‘(ii) not less than 10 graduate de-
grees awarded in professional fields closely 
related to highways and public transpor-
tation per year for each of the preceding 5 
years; 
‘‘(iii) not less than 5 tenured or ten-
ure-track faculty members who specialize 
on a full-time basis in professional fields 
closely related to highways and public 
transportation; and 
‘‘(iv) a faculty that has published a 
total of at least 50 refereed journal publi-
cations on highway or public transpor-
tation research during the preceding 5 
years. 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall make a
439
grant to the recipient to establish and operate a re-
gional university transportation center in each of the 
first 4 fiscal years beginning after the date of the 
competition. 
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004 
AND 2005.—For each of fiscal years 2004 and 2005, 
the Secretary shall make a grant under this section 
to each of the 10 nonprofit institutions of higher 
learning that were competitively selected for grants 
by the Secretary under this section in July 1999 to 
operate regional university transportation centers. 
‘‘(5) AMOUNT OF GRANTS.—For each of fiscal 
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning 
for a fiscal year to establish and operate a regional 
university transportation center shall not exceed 
$4,000,000. 
‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than March 31, 
2006, and not later than March 31st of every 4th 
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher 
learning for grants to establish and operate the 10
440
Tier I university transportation centers referred to 
in subsection (c)(1)(B). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of—
‘‘(A) the criteria described in subsection 
(d)(2); and 
‘‘(B) whether or not the institution (or, in 
the case of a consortium of institutions, the 
lead institution) can demonstrate that it has an 
established, recognized program in transpor-
tation research and education, as evidenced 
by—
‘‘(i) not less than $1,000,000 in high-
way or public transportation research ex-
penditures per year for each of the pre-
ceding 5 years; 
‘‘(ii) not less than 5 graduate degrees 
awarded in professional fields closely re-
lated to highways and public transpor-
tation per year for each of the preceding 5 
years; 
‘‘(iii) not less than 3 tenured or ten-
ure-track faculty members who specialize
441
on a full-time basis in professional fields 
closely related to highways and public 
transportation; and 
‘‘(iv) a faculty that has published a 
total of at least 20 refereed journal publi-
cations on highway or public transpor-
tation research during the preceding 5 
years. 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall make a 
grant to the recipient to establish and operate a Tier 
I university transportation center in each of the first 
4 fiscal years beginning after the date of the com-
petition. 
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004, 
2005, AND
2006.—For each of fiscal years 2004, 
2005, and 2006, the Secretary shall make a grant 
under this section to each of the 10 nonprofit insti-
tutions of higher learning that were competitively se-
lected for grant awards by the Secretary under this 
section in May 2002 to operate university transpor-
tation centers (other than regional centers).
442
‘‘(5) AMOUNT OF GRANTS.—For each of fiscal 
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning 
for a fiscal year to establish and operate a Tier I 
university transportation center shall not exceed 
$2,000,000. 
‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than August 31, 
2004, not later than March 31, 2008, and not later 
than March 31st of every 4th year thereafter, the 
Secretary shall complete a competition among non-
profit institutions of higher learning for grants to 
establish and operate the 10 Tier II university 
transportation centers referred to in subsection 
(c)(1)(C). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of the criteria described in subsection 
(f)(2). 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall—
443
‘‘(A) in the case of the competition to be 
completed not later than August 31, 2004, 
make a grant to the recipient to establish and 
operate a Tier II university transportation cen-
ter in each of fiscal years 2004 through 2008; 
and 
‘‘(B) in the case of each subsequent com-
petition, make a grant to the recipient to estab-
lish and operate a Tier II university transpor-
tation center in each of the first 4 fiscal years 
beginning after the date of the competition. 
‘‘(4) AMOUNT OF GRANTS.—For each of fiscal 
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning 
for a fiscal year to establish and operate a Tier II 
university transportation center shall not exceed 
$1,000,000. 
‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR-
FACE TRANSPORTATION RESEARCH.—In order to be eligi-
ble to receive a grant under this section, a nonprofit insti-
tution of higher learning shall provide assurances satisfac-
tory to the Secretary that the research and education ac-
tivities of its university transportation center will support 
the national strategy for surface transportation research, 
as identified by—
444
‘‘(1) the report of the National Highway Re-
search and Technology Partnership entitled ‘High-
way Research and Technology: The Need for Great-
er Investment’, dated April 2002; and 
‘‘(2) the programs of the National Research 
and Technology Program of the Federal Transit Ad-
ministration. 
‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli-
gible to receive a grant under this section, a nonprofit in-
stitution of higher learning shall enter into an agreement 
with the Secretary to ensure that the institution will main-
tain total expenditures from all other sources to establish 
and operate a university transportation center and related 
research activities at a level at least equal to the average 
level of such expenditures in its 2 fiscal years prior to 
award of a grant under this section. 
‘‘(j) FEDERAL SHARE.—The Federal share of the 
costs of activities carried out using a grant made under 
this section shall be 50 percent of such costs. The non-
Federal share may include funds provided to a recipient 
under section 503, 504(b), or 505 of title 23. 
‘‘(k) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, and technology 
transfer activities that grant recipients carry out
445
under this section, disseminate the results of the re-
search, and establish and operate a clearinghouse to 
disseminate the results of the research. 
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At 
least annually, and consistent with the plan devel-
oped under section 508 of title 23, the Secretary 
shall review and evaluate programs of grant recipi-
ents. 
‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary shall expend $2,000,000 per fiscal year from 
amounts made available to carry out this section to 
carry out management and oversight of the centers 
receiving assistance under this section. 
‘‘(l) PROGRAM
ADMINISTRATION.—The Secretary 
shall carry out this section acting through the Adminis-
trator of the Research and Special Programs Administra-
tion. 
‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—
Funds made available to carry out this section shall re-
main available for obligation by the Secretary for a period 
of 2 years after the last day of the fiscal year for which 
such funds are authorized.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by
446
striking the item relating to section 5506 and inserting 
the following:
‘‘5506. University transportation research.’’.
SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI-
TIES PROGRAM. 
(a) IN GENERAL.—
(1) ESTABLISHMENT OF PROGRAM.—The Sec-
retary may establish and implement a scholarship 
program for the purpose of attracting qualified stu-
dents for transportation-related critical jobs. 
(2) PARTNERSHIP.—The Secretary may estab-
lish the program in partnership with appropriate 
nongovernmental institutions. 
(b) PARTICIPATION AND FUNDING.—An operating 
administration of the Department of Transportation and 
the Office of Inspector General may participate in the 
scholarship program. Notwithstanding any other provision 
of law, the Secretary may use funds available to an oper-
ating administration or from the Office of Inspector Gen-
eral of the Department of Transportation for the purpose 
of carrying out this section.
447
Subtitle D—Advanced Technologies 
SEC. 
5401. 
ADVANCED 
HEAVY-DUTY 
VEHICLE 
TECH-
NOLOGIES RESEARCH PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 
49, United States Code, is amended by adding at the end 
the following:
‘‘§ 5507. Advanced heavy-duty vehicle technologies 
research program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall conduct research, development, demonstration, and 
testing to integrate emerging advanced heavy-duty vehicle 
technologies in order to provide seamless, safe, secure, and 
efficient transportation and to benefit the environment. 
‘‘(b) CONSULTATION.—To ensure the activities per-
formed pursuant to this section achieve the maximum ben-
efit, the Secretary of Transportation shall consult with the 
Secretary of Energy, the Administrator of the Environ-
mental Protection Agency, and other relevant Federal 
agencies on research, development, and demonstration ac-
tivities authorized under this section related to advanced 
heavy-duty vehicle technologies. 
‘‘(c) GRANTS, COOPERATIVE
AGREEMENTS, AND 
OTHER TRANSACTIONS.—The Secretary may make grants 
to, and enter into cooperative agreements and other trans-
actions with, Federal and other public agencies (including
448
State and local governments) and persons to carry out 
subsection (a). 
‘‘(d) COST SHARING.—At least 50 percent of the 
funding for projects carried out under this section must 
be provided by non-Federal sources. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
subsection 
(a) 
$8,000,000 
for 
fiscal 
year 
2005, 
$8,000,000 for fiscal year 2006, $8,000,000 for fiscal year 
2007, $6,000,000 for fiscal year 2008, and $4,000,000 
for fiscal year 2009. 
‘‘(f) CONTRACT AUTHORITY.—The funds authorized 
to be appropriated by subsection (e) shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23 and shall be subject 
to any limitation on obligations imposed on funds made 
available to carry out title V of the Transportation Equity 
Act: A Legacy for Users.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by 
adding at the end the following:
‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.
449
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND 
SPATIAL INFORMATION TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary shall establish and 
carry out a program to validate commercial remote sens-
ing products and spatial information technologies for ap-
plication to national transportation infrastructure develop-
ment and construction. 
(b) PROGRAM.—
(1) NATIONAL POLICY.—The Secretary shall es-
tablish and maintain a national policy for the use of 
commercial remote sensing products and spatial in-
formation technologies in national transportation in-
frastructure development and construction. 
(2) POLICY IMPLEMENTATION.—The Secretary 
shall develop new applications of commercial remote 
sensing products and spatial information tech-
nologies for the implementation of the national pol-
icy established and maintained under paragraph (1). 
(c) COOPERATION.—The Secretary shall carry out 
this section in cooperation with the commercial remote 
sensing program of the National Aeronautics and Space 
Administration and a consortium of university research 
centers. 
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $12,000,000 for each of
450
fiscal years 2004 through 2009 shall be available to carry 
out this section. 
Subtitle E—Transportation Data 
and Analysis 
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is 
amended by striking subsections (b) through (k) and in-
serting the following: 
‘‘(b) DIRECTOR.—
‘‘(1) IN GENERAL.—The Bureau shall be head-
ed by a Director who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
‘‘(2) APPOINTMENT.—The Director shall be ap-
pointed from among individuals who are qualified to 
serve as the Director by virtue of their training and 
experience in the collection, analysis and use of 
transportation data. 
‘‘(3) REPORTING TO SECRETARY.—The Direc-
tor shall report directly to the Secretary of Trans-
portation. 
‘‘(4) TERM.—The term of the Director shall be 
4 years. The Director may continue to serve after 
the expiration of the term until a successor is ap-
pointed and confirmed.
451
‘‘(c) RESPONSIBILITIES.—The Director of the Bu-
reau shall serve as the Secretary’s senior advisor on data 
and statistics and be responsible for carrying out the fol-
lowing duties: 
‘‘(1) Collecting, analyzing, and disseminating 
data concerning the domestic and international 
movement of freight. 
‘‘(2) Collecting, analyzing, and disseminating 
data concerning travel patterns for local and long-
distance travel, at the local, State, national, and 
international levels. 
‘‘(3) Developing, analyzing, and disseminating 
information on the economics of transportation. 
‘‘(4) Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of 
transportation geospatial data standards, compiling 
intermodal geospatial data, and collecting geospatial 
data that is not being collected by others. 
‘‘(5) Developing, publishing, and disseminating 
a comprehensive set of measures of investment, use, 
costs, performance, and impacts of the national 
transportation system, including publishing an an-
nual transportation statistics abstract.
452
‘‘(6) Identifying information needs of the De-
partment and reviewing such needs at least annually 
with the Advisory Council on Transportation Statis-
tics of the Bureau. 
‘‘(7) Conducting or supporting research relating 
to methods of gathering or analyzing transportation 
statistics and issuing guidelines for the collection of 
information by the Department in order to ensure 
that such information is accurate, relevant, com-
parable, accessible, and in a form that permits sys-
tematic analysis. 
‘‘(d) COORDINATING
COLLECTION
OF
INFORMA-
TION.—The Director shall work with the operating admin-
istrations of the Department to establish and implement 
the Bureau’s data programs and to improve the coordina-
tion of information collection efforts with other Federal 
agencies. 
‘‘(e) 
SUPPORTING
TRANSPORTATION
DECISION-
MAKING.—The Director shall ensure that the statistics 
compiled under this section are relevant for transportation 
policy, planning, and decisionmaking by the Federal Gov-
ernment, State and local governments, transportation-re-
lated associations, private businesses, and the public. The 
Director shall provide to the Department’s other operating 
administrations technical assistance on collecting, com-
453
piling, analyzing, and verifying transportation data and 
statistics and the design of surveys. 
‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—
‘‘(1) IN GENERAL.—The Director shall establish 
and maintain a National Transportation Library. 
The Library shall contain a collection of statistical 
and other information needed for transportation de-
cisionmaking at the Federal, State, and local levels. 
‘‘(2) ACCESS.—The Director shall facilitate and 
promote access to the Library, with the goal of im-
proving the ability of the transportation community 
to share information and the ability of the Director 
to disseminate information under subsection (c). 
‘‘(3) COORDINATION.—The Director shall work 
with other transportation libraries and other trans-
portation information providers, both public and pri-
vate, to achieve the goal specified in paragraph (2). 
‘‘(4) TRANSPORTATION
RESEARCH
INFORMA-
TION SERVICE.—The Director shall provide the full 
financial support for the web-based version of the 
Transportation Research Information Service. 
‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make 
grants to, or enter into cooperative agreements or 
contracts with, public and nonprofit private entities
454
(including State transportation departments, metro-
politan planning organizations, and institutions of 
higher education) if each of the grants, agreements, 
and contracts—
‘‘(A) provide for an alternative means of 
accomplishing program-related research of the 
Department; 
‘‘(B) contribute to research and develop-
ment of new methods of transportation data 
collection; or 
‘‘(C) improve the methods for sharing geo-
graphic transportation data. 
‘‘(2) 
FUNDING
LIMIT.—Not 
more 
than 
$500,000 of the amounts made available to carry 
out this section in a fiscal year may be used for re-
search and development grants under this sub-
section. 
‘‘(h) TRANSPORTATION STATISTICS ANNUAL RE-
PORT.—By March 31 of each year, the Director shall 
transmit to the President and Congress a report that in-
cludes information on the subjects described in subsection 
(c), documentation of the methods used to obtain the in-
formation and ensure the quality of the statistics pre-
sented in the report, and recommendations for improving 
transportation statistical information.
455
‘‘(i) PROCEEDS OF DATA PRODUCT SALES.—Not-
withstanding section 3302 of title 31, funds received by 
the Bureau from the sale of data products, for necessary 
expenses incurred, may be credited to the Highway Trust 
Fund (other than the Mass Transit Account) for the pur-
pose of reimbursing the Bureau for the expenses. 
‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
‘‘(1) authorize the Bureau to require any other 
department or agency to collect data; or 
‘‘(2) reduce the authority of any other officer of 
the Department of Transportation to collect and dis-
seminate data independently. 
‘‘(k) MANDATORY
RESPONSE
AUTHORITY
FOR 
FREIGHT
DATA
COLLECTION.—Whoever, being the 
owner, official, agent, person in charge, or assistant to the 
person in charge of any corporation, company, business, 
institution, establishment, or organization of any nature 
whatsoever, neglects or refuses, when requested by the Di-
rector or other authorized officer, employee, or contractor 
of the Bureau, to answer completely and correctly to the 
best of his or her knowledge all questions relating to the 
corporation, company, business, institution, establishment, 
or other organization, or to make available records or sta-
tistics in his or her official custody, contained in a data
456
collection request prepared and submitted under the au-
thority of subsection (c)(1), shall be fined not more than 
$500; but if he or she willfully gives a false answer to 
such a question, he or she shall be fined not more than 
$10,000. 
‘‘(l) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN
GENERAL.—An officer, employee or 
contractor of the Bureau may not—
‘‘(A) make any disclosure in which the 
data provided by an individual or organization 
under subsection (c) can be identified; 
‘‘(B) use the information provided under 
subsection (c) for a nonstatistical purpose; or 
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine 
any individual report provided under subsection 
(c). 
‘‘(2) COPIES OF REPORTS.—
‘‘(A) IN
GENERAL.—No department, bu-
reau, agency, officer, or employee of the United 
States (except the Director in carrying out this 
section) may require, for any reason, a copy of 
any report that has been filed under subsection 
(c) with the Bureau or retained by an indi-
vidual respondent.