388
‘‘(2) RESEARCH AREAS.—In carrying out the 
program, the Secretary may make grants and enter 
into cooperative agreements and contracts in such 
areas of surface transportation research and tech-
nology as the Secretary determines appropriate, in-
cluding the following: 
‘‘(A) Characterization of materials used in 
highway infrastructure, including analytical 
techniques, microstructure modeling, and the 
deterioration processes. 
‘‘(B) Assessment of the effects of transpor-
tation decisions on human health. 
‘‘(C) Development of surrogate measures 
of safety. 
‘‘(D) Environmental research. 
‘‘(E) Data acquisition techniques for sys-
tem condition and performance monitoring. 
‘‘(F) System performance data and infor-
mation processing needed to assess the day-to-
day operational performance of the system in 
support of hour-to-hour operational decision-
making.’’. 
(h) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
389
(1) IN GENERAL.—Section 502(f) of such title 
(as redesignated by subsection (b) of this section) is 
amended to read as follows: 
‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall com-
plete the 20-year long-term pavement performance 
program tests initiated under the strategic highway 
research program established under section 307(d) 
(as in effect on June 8, 1998). 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary 
shall make grants and enter into cooperative agree-
ments and contracts to—
‘‘(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 under sub-
paragraph (A); and 
‘‘(C) prepare products to fulfill program 
objectives and meet future pavement technology 
needs.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $30,000,000 for 
each of fiscal years 2004 through 2009 shall be
390
available to carry out section 502(f) of title 23, 
United States Code. 
(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—
‘‘(1) IN GENERAL.—The Secretary shall operate 
in the Federal Highway Administration a Turner-
Fairbank Highway Research Center. 
‘‘(2) USES
OF
THE
CENTER.—The Turner-
Fairbank Highway Research Center shall support—
‘‘(A) the conduct of highway research and 
development related to new highway technology; 
‘‘(B) the development of understandings, 
tools, and techniques that provide solutions to 
complex technical problems through the devel-
opment of economical and environmentally sen-
sitive designs, efficient and quality-controlled 
construction practices, and durable materials; 
and 
‘‘(C) the development of innovative high-
way products and practices.’’.
391
SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; 
INNOVATIVE BRIDGE RESEARCH AND DE-
PLOYMENT PROGRAM. 
(a) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
(1) IN
GENERAL.—Section 502 of title 23, 
United States Code, is further amended by adding 
at the end the following: 
‘‘(j) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish a 20-year long-term bridge performance pro-
gram. 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary 
shall make grants and enter into cooperative agree-
ments and contracts to—
‘‘(A) monitor, material-test, and evaluate 
test bridges; 
‘‘(B) analyze the data obtained under sub-
paragraph (A); and 
‘‘(C) prepare products to fulfill program 
objectives and meet future bridge technology 
needs.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $25,000,000 for
392
each of fiscal years 2004 through 2009 shall be 
available to carry out section 502(j) of title 23, 
United States Code. 
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY-
MENT PROGRAM.—
(1) IN GENERAL.—Section 503(b)(1) of such 
title is amended to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and carry out a program to promote, dem-
onstrate, evaluate, and document the application of 
innovative designs, materials, and construction 
methods in the construction, repair, and rehabilita-
tion of bridges and other highway structures.’’. 
(2) GOALS.—Section 503(b)(2) of such title is 
amended to read as follows: 
‘‘(2) GOALS.—The goals of the program shall 
include—
‘‘(A) the development of new, cost-effec-
tive, innovative highway bridge applications;
‘‘(B) the development of construction tech-
niques to increase safety and reduce construc-
tion time and traffic congestion; 
‘‘(C) the development of engineering design 
criteria for innovative products, materials, and
393
structural systems for use in highway bridges 
and structures; 
‘‘(D) the reduction of maintenance costs 
and life-cycle costs of bridges, including the 
costs of new construction, replacement, or reha-
bilitation of deficient bridges; 
‘‘(E) the development of highway bridges 
and structures that will withstand natural dis-
asters; 
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the perform-
ance and benefits of these innovative designs, 
materials, and construction methods; 
‘‘(G) the effective transfer of resulting in-
formation and technology; and 
‘‘(H) the development of improved methods 
to detect bridge scour and economical bridge 
foundation designs that will withstand bridge 
scour.’’. 
(3) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $20,000,000 for 
each of fiscal years 2004 through 2009 shall be 
available to carry out section 503(b) of title 23, 
United States Code.
394
SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND 
PLANNING COOPERATIVE RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Section 507 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 507. Surface transportation environment and plan-
ning cooperative research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out a collaborative, public-private surface 
transportation environment and planning cooperative re-
search program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to carry 
out administrative and management activities relating to 
the governance of the surface transportation environment 
and planning cooperative research program. 
‘‘(c) ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee that will be responsible for pro-
gram oversight and project selection. 
‘‘(2) MEMBERSHIP.—The members of the com-
mittee shall be appointed by the Secretary and shall 
be composed of—
‘‘(A) representatives of State, regional, and 
local transportation agencies, including transit 
agencies;
395
‘‘(B) representatives of State environ-
mental agencies and other environmental orga-
nizations; 
‘‘(C) representatives of the transportation 
private sector; 
‘‘(D) transportation and environmental sci-
entists and engineers; and 
‘‘(E) representatives of the Federal High-
way Administration, Federal Transit Adminis-
tration, 
Environmental 
Protection 
Agency, 
United States Fish and Wildlife Service, Corps 
of Engineers, American Association of State 
Highway and Transportation Officials, and 
American Public Transportation Association, 
who shall serve in an ex officio capacity. 
‘‘(3) BALANCE.—The majority of the commit-
tee’s voting members shall be representatives of gov-
ernment transportation agencies. 
‘‘(4) MEETINGS.—The National Academy of 
Sciences shall convene meetings of the committee. 
‘‘(d) GOVERNANCE.—The program established under 
this section shall include the following administrative and 
management elements: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
396
ties, shall develop, recommend, and periodically up-
date a national research agenda for the program. 
The national research agenda shall include a 
multiyear strategic plan. 
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The National Academy of 
Sciences may award under the program research 
contracts and grants through open competition and 
merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts 
and grants may allow peer review of the re-
search results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences may conduct 
periodic programmatic evaluations on a regular 
basis. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
397
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences 
and seminars, field demonstrations, workshops, 
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, and publications 
for the general public. 
‘‘(e) CONTENTS.—The national research agenda for 
the program required under subsection (d)(1) shall include 
research in the following areas for the purposes described: 
‘‘(1) HUMAN HEALTH.—Human health to es-
tablish the links between transportation activities 
and human health; substantiate the linkages between 
exposure to concentration levels, emissions, and 
health impacts; examine the potential health impacts 
from the implementation and operation of transpor-
tation infrastructure and services; develop strategies 
for avoidance and reduction of these impacts; and 
develop strategies to understand the economic value 
of health improvements and for incorporating health 
considerations into valuation methods. 
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol-
ogy and natural systems to measure transportation’s 
short- and long-term impact on natural systems; de-
velop ecologically based performance measures; de-
velop insight into both the spatial and temporal
398
issues associated with transportation and natural 
systems; study the relationship between highway 
density and ecosystem integrity, including the im-
pacts of highway density on habitat integrity and 
overall ecosystem health; develop a rapid assessment 
methodology for use by transportation and regu-
latory agencies in determining the relationship be-
tween highway density and ecosystem integrity; and 
develop ecologically based performance techniques to 
evaluate the success of highway project mitigation 
and enhancement measures. 
‘‘(3) ENVIRONMENTAL
AND
SOCIOECONOMIC 
RELATIONSHIPS.—Environmental and socioeconomic 
relationships to understand differences in mobility, 
access, travel behavior, and travel preferences across 
socioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to commu-
nity needs; improve evaluation methods for exam-
ining the incidence of benefits and costs; examine 
the differential impacts of current methods of fi-
nance and explore alternatives; understand the socio-
economic implications of emerging land development 
patterns and new transportation technologies; de-
velop cost-effective applications of technology that 
improve the equity of the transport system; and de-
399
velop improved methods for community involvement, 
collaborative planning, and conflict resolution. 
‘‘(4) EMERGING
TECHNOLOGIES.—Emerging 
technologies to assist in the transition to environ-
mentally benign fuels and vehicles for passengers 
and freight; develop responses to and demand for 
new technologies that could offer improved environ-
mental performance; identify possible applications of 
intelligent transportation systems technologies for 
environmental benefit; develop policy instruments 
that would encourage the development of beneficial 
new technologies in a cost-effective manner; and re-
spond to the impact of new technologies. 
‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of trans-
portation investment, housing policies, school qual-
ity, and consumer preferences; incorporate impacts 
of transportation investments on location decision 
and land use; identify the costs and benefits of cur-
rent development patterns and their transportation 
implications; determine the effect of the built envi-
ronment on people’s willingness to walk, drive, or 
take public transportation; determine the roles of 
public policy and institutional arrangements in cur-
rent and prospective land use and transportation
400
choices; and develop improved data, methods, and 
processes for considering land use, transportation, 
and the environment in an integrated, systematic 
fashion. 
‘‘(6) PLANNING
AND
PERFORMANCE
MEAS-
URES.—Planning and performance measures to im-
prove understanding of travel needs and preferences; 
improve planning methods for system analysis, fore-
casting, and decisionmaking; expand information on 
consumer choice processes and travel and activity 
patterns for both local and long-distance trips and 
both passenger and freight transportation analysis 
of social, environmental, and economic benefits and 
cost of various transport options; develop tools for 
measuring and forecasting complex transportation 
decisions for all modes and users; and develop per-
formance measures and policy analysis approaches 
that can be used to determine effectiveness. 
‘‘(7) OTHER
RESEARCH
AREAS.—Other re-
search areas to identify and address the emerging 
and future surface transportation research needs re-
lated to planning and environment. 
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section
401
shall be up to 100 percent, and such funds shall re-
main available until expended. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized to be appropriated to 
carry out this section, the National Academy of 
Sciences may seek and accept additional funding 
sources to carry out this section from public and pri-
vate entities capable of attracting and accepting 
funding from the Department of Transportation, 
Environmental Protection Agency, Department of 
Energy, United States Fish and Wildlife Service, 
and other Federal environmental agencies, States, 
local governments, nonprofit foundations, and the 
private sector.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of such title is amended by striking the item 
relating to section 507 and inserting the following:
‘‘507. Surface transportation environment and planning cooperative research 
program.’’.
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $20,000,000 for each of 
fiscal years 2004 through 2009 shall be available to carry 
out section 507 of title 23, United States Code. 
SEC. 5204. TECHNOLOGY DEPLOYMENT. 
(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 
503(a) of title 23, United States Code, is amended—
402
(1) in the subsection heading by striking ‘‘INI-
TIATIVES AND PARTNERSHIPS’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) ESTABLISHMENT.—The Secretary shall 
develop and administer a national technology deploy-
ment program.’’; 
(3) by striking paragraph (7) and inserting the 
following: 
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with, 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations to pay the Federal share of the 
cost of research, development, and technology 
transfer activities concerning innovative mate-
rials. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit an application to 
the Secretary. The application shall be in such 
form and contain such information as the Sec-
403
retary may require. The Secretary shall select 
and approve an application based on whether 
the project that is the subject of the grant 
meets the purpose of the program described in 
paragraph (2).’’; and 
(4) by striking paragraph (8) and inserting the 
following: 
‘‘(8) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under paragraph (3) is made available to 
State and local transportation departments and 
other interested parties as specified by the Sec-
retary.’’. 
(b) INNOVATIVE PAVEMENT RESEARCH
AND DE-
PLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is 
further amended by adding at the end the following: 
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE-
PLOYMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to promote, dem-
onstrate, support, and document the application of 
innovative pavement technologies, practices, per-
formance, and benefits.
404
‘‘(2) GOALS.—The goals of the innovative pave-
ment research and deployment program shall in-
clude—
‘‘(A) the deployment of new, cost-effective, 
innovative designs, materials, and practices to 
extend pavement life and performance and to 
improve customer satisfaction; 
‘‘(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs of 
new construction, replacement, maintenance, 
and rehabilitation; 
‘‘(C) the deployment of accelerated con-
struction techniques to increase safety and re-
duce construction time and traffic disruption 
and congestion; 
‘‘(D) the deployment of engineering design 
criteria and specifications for innovative prac-
tices, products, and materials for use in high-
way pavements; 
‘‘(E) the deployment of new nondestructive 
and real-time pavement evaluation technologies 
and techniques; 
‘‘(F) the evaluation, refinement, and docu-
mentation of the performance and benefits of 
innovative technologies deployed to improve life,
405
performance, cost effectiveness, safety, and cus-
tomer satisfaction; 
‘‘(G) effective technology transfer and in-
formation dissemination to accelerate imple-
mentation of innovative technologies and to im-
prove life, performance, cost effectiveness, safe-
ty, and customer satisfaction; and 
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff. 
‘‘(3) RESEARCH
TO
IMPROVE
NHS
PAVE-
MENT.—The Secretary shall obligate not less than 
$10,000,000 per fiscal year from funds made avail-
able to carry out this subsection to conduct research 
to improve asphalt pavement, concrete pavement, 
and aggregates used in highways on the National 
Highway System.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $25,000,000 for 
each of fiscal years 2004 through 2009 shall be 
available to carry out section 503(c) of title 23, 
United States Code. 
(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is 
further amended by adding the following:
406
‘‘(d) SAFETY
INNOVATION
DEPLOYMENT
PRO-
GRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to demonstrate the 
application of innovative technologies in highway 
safety. 
‘‘(2) GOALS.—The goals of the program shall 
include—
‘‘(A) the deployment and evaluation of 
safety technologies and innovations at State 
and local levels; and 
‘‘(B) the deployment of best practices in 
training, management, design, and planning. 
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with, 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations for research, development, and 
technology transfer for innovative safety tech-
nologies. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in
407
subparagraph (A) shall submit an application to 
the Secretary. The application shall be in such 
form and contain such information as the Sec-
retary may require. The Secretary shall select 
and approve the applications based on whether 
the project that is the subject of the application 
meets the goals of the program described in 
paragraph (2). 
‘‘(4) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall take such action as is 
necessary to ensure that the information and tech-
nology resulting from research conducted under 
paragraph (3) is made available to State and local 
transportation departments and other interested 
parties as specified by the Secretary.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $20,000,000 for 
each of fiscal years 2004 through 2009 shall be 
available to carry out section 503(d) of title 23, 
United States Code. 
(d) AUTHORITY
TO
PURCHASE
PROMOTIONAL 
ITEMS.—Section 503 of such title is further amended by 
adding at the end the following: 
‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized 
to be appropriated for necessary expenses for administra-
408
tion and operation of the Federal Highway Administration 
shall be available to purchase promotional items of nomi-
nal value for use in the recruitment of individuals and to 
promote the programs of the Federal Highway Adminis-
tration.’’. 
SEC. 5205. TRAINING AND EDUCATION. 
(a) NATIONAL HIGHWAY INSTITUTE.—
(1) IN
GENERAL.—Section 504(a)(3) of title 
23, United States Code, is amended to read as fol-
lows: 
‘‘(3) COURSES.—The Institute may develop and 
administer courses in modern developments, tech-
niques, methods, regulations, management, and pro-
cedures in areas, including surface transportation, 
environmental mitigation, compliance, stewardship, 
and streamlining, acquisition of rights-of-way, relo-
cation assistance, engineering, safety, transportation 
system management and operations, construction, 
maintenance, contract administration, inspection, 
and highway finance.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $8,000,000 for 
each of fiscal years 2004 through 2009 shall be 
available to carry out section 504(a) of title 23, 
United States Code.
409
(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Section 504(b) of such title 
is amended by adding at the end the following: 
‘‘(3) FEDERAL SHARE.—
‘‘(A) GRANTS.—A grant under this sub-
section may be used to pay up to 50 percent of 
local technical assistance program costs. Funds 
available for technology transfer and training 
purposes under this title and title 49 may be 
used to cover the remaining 50 percent of the 
program costs. 
‘‘(B) 
TRIBAL
TECHNICAL
ASSISTANCE 
CENTERS.—The Federal share of the cost of ac-
tivities carried out by the tribal technical assist-
ance centers under paragraph (2)(D)(ii) shall 
be 100 percent.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $15,000,000 for 
each of fiscal years 2004 through 2009 shall be 
available to carry out section 504(b) of title 23, 
United States Code. 
(c) EISENHOWER TRANSPORTATION FELLOWSHIP 
PROGRAM.—Of the amounts made available by section 
5101(a)(2) of this Act, $3,000,000 for each of fiscal years
410
2004 through 2009 shall be available to carry out section 
504(c)(2) of title 23, United States Code. 
(d) GARRETT MORGAN PROGRAM.—[Reserved.] 
(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—Section 504 
of such title is amended by adding at the end the fol-
lowing: 
‘‘(d) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—
‘‘(1) FUNDING.—Subject to project approval by 
the Secretary, a State may obligate funds appor-
tioned to the State under sections 104(b)(1), 
104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur-
face transportation workforce development, training 
and education, including—
‘‘(A) tuition and direct educational ex-
penses, excluding salaries, in connection with 
the education and training of employees of 
State and local transportation agencies; 
‘‘(B) employee professional development; 
‘‘(C) student internships; 
‘‘(D) university or community college sup-
port; and
411
‘‘(E) education activities, including out-
reach, to develop interest and promote partici-
pation in surface transportation careers. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the cost of activities carried out in accordance with 
this subsection shall be 100 percent. 
‘‘(3) SURFACE
TRANSPORTATION
WORKFORCE 
DEVELOPMENT, TRAINING, AND
EDUCATION
DE-
FINED.—In this subsection, the term ‘surface trans-
portation workforce development, training, and edu-
cation’ means activities associated with surface 
transportation career awareness, student transpor-
tation career preparation, and training and profes-
sional development for surface transportation work-
ers, including activities for women and minorities.’’. 
(f) DEFINITIONS AND DECLARATION OF POLICY.—
Section 101(a)(3) of such title is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G); 
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) surface transportation workforce de-
velopment, training, and education.’’.
412
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. 
(a) IN GENERAL.—Section 504 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) FREIGHT CAPACITY BUILDING PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight planning capacity building initiative 
to support enhancements in freight transportation 
planning in order to—
‘‘(A) better target investments in freight 
transportation systems to maintain efficiency 
and productivity; and 
‘‘(B) strengthen the decisionmaking capac-
ity of State transportation departments and 
local transportation agencies with respect to 
freight transportation planning and systems. 
‘‘(2) AGREEMENTS.—The Secretary shall enter 
into agreements to support and carry out adminis-
trative and management activities relating to the 
governance of the freight planning capacity initia-
tive. 
‘‘(3) STAKEHOLDER
INVOLVEMENT.—In car-
rying out this section, the Secretary shall consult 
with the Association of Metropolitan Planning Orga-
nizations, the American Association of State High-
way and Transportation Officials, and other freight
413
planning stakeholders, including the other Federal 
agencies, State transportation departments, local 
governments, nonprofit entities, academia, and the 
private sector. 
‘‘(4) ELIGIBLE ACTIVITIES.—The freight plan-
ning capacity building initiative shall include re-
search, training, and education in the following 
areas: 
‘‘(A) The identification and dissemination 
of best practices in freight transportation. 
‘‘(B) Providing opportunities for freight 
transportation staff to engage in peer exchange. 
‘‘(C) Refinement of data and analysis tools 
used in conjunction with assessing freight 
transportation needs. 
‘‘(D) Technical assistance to State trans-
portation departments and local transportation 
agencies reorganizing to address freight trans-
portation issues. 
‘‘(E) Facilitating relationship building be-
tween governmental and private entities in-
volved in freight transportation. 
‘‘(F) Identifying ways to target the capac-
ity of State transportation departments and 
local transportation agencies to address freight
414
considerations in operations, security, asset 
management, and environmental excellence in 
connection with long-range multimodal trans-
portation planning and project implementation. 
‘‘(5) FUNDING.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of an activity carried out 
under this section shall be up to 100 percent, 
and such funds shall remain available until ex-
pended. 
‘‘(B) USE
OF
NON-FEDERAL
FUNDS.—
Funds made available for the program estab-
lished under this subsection may be used for re-
search, program development, information col-
lection and dissemination, and technical assist-
ance. The Secretary may use such funds inde-
pendently or make grants to, or enter into con-
tracts, cooperative agreements, and other trans-
actions with, a Federal agency, State agency, 
local agency, Federally recognized Indian tribal 
government or tribal consortium, authority, as-
sociation, nonprofit or for-profit corporation, or 
institution of higher education, to carry out the 
purposes of this subsection.’’.
415
(b) FUNDING.—Of the amounts made available by 
section 5101(a)(2) of this Act, $10,000,000 for each of 
fiscal years 2004 through 2009 shall be available to carry 
out section 504(e) of title 23, United States Code. 
(c) TECHNICAL AMENDMENT.—Section 508(e)(3)(C) 
of such title is amended by inserting ‘‘of title 31’’ after 
‘‘1116’’. 
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES 
PROGRAM. 
(a) 
CONTINUATION
AND
ACCELERATION
OF 
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation 
model known as the ‘‘Transportation Analysis Simulation 
System’’ (in this section referred to as ‘‘TRANSIMS’’), 
developed by the Los Alamos National Laboratory. The 
program shall assist State departments of transportation 
and metropolitan planning organizations in the implemen-
tation of TRANSIMS, develop methods for TRANSIMS 
applications to transportation planning and air quality 
analysis, and provide training and technical assistance for 
the implementation of TRANSIMS. The program may 
support the development of methods to plan for the trans-
portation response to chemical and biological terrorism 
and other security concerns.
416
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use 
funds made available by section 5101(a)(1) to—
(1) provide funding to State departments of 
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under chapter 52 of title 49, United States 
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement 
TRANSIMS; 
(2) develop methods to demonstrate a wide 
spectrum of TRANSIMS applications to support 
metropolitan and statewide transportation planning, 
including integrating highway and transit oper-
ational considerations into the transportation plan-
ning process; and 
(3) provide training and technical assistance with 
respect to the implementation and application of 
TRANSIMS to States, local governments, and met-
ropolitan planning organizations with responsibility 
for travel modeling. 
(c) ALLOCATION OF FUNDS.—Not more than 75 per-
cent of the funds made available to carry out this section 
may be allocated to activities described in subsection 
(b)(1).
417
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $5,000,000 for each of fis-
cal years 2004 through 2009 shall be available to carry 
out this section.
SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 509. National cooperative freight transportation 
research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a national cooperative freight transpor-
tation research program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to sup-
port and carry out administrative and management activi-
ties relating to the governance of the national cooperative 
freight transportation research program. 
‘‘(c) ADVISORY COMMITTEE.—The National Acad-
emy of Sciences shall select an advisory committee con-
sisting of a representative cross-section of freight stake-
holders, including the Department of Transportation, 
other Federal agencies, State transportation departments,
418
local governments, nonprofit entities, academia, and the 
private sector. 
‘‘(d) 
GOVERNANCE.—The 
national 
cooperative 
freight transportation research program established under 
this section shall include the following administrative and 
management elements: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall recommend a national research agenda for 
the program. The agenda shall include a multiyear 
strategic plan. 
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals to the advi-
sory committee; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The National Academy of 
Sciences may award research contracts and grants 
under the program through open competition and 
merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.—
419
‘‘(A) PEER REVIEW.—Research contracts 
and grants under the program may allow peer 
review of the research results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences may conduct 
periodic programmatic evaluations on a regular 
basis of research contracts and grants. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences 
and seminars, field demonstrations, workshops, 
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, publications for 
the general public, and other appropriate means. 
‘‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall include research in 
the following areas: 
‘‘(1) Techniques for estimating and quantifying 
public benefits derived from freight transportation 
projects. 
‘‘(2) Alternative approaches to calculating the 
contribution of truck and rail traffic to congestion 
on specific highway segments.
420
‘‘(3) The feasibility of consolidating origins and 
destinations for freight movement. 
‘‘(4) Methods for incorporating estimates of 
international trade into landside transportation plan-
ning. 
‘‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck-
only traffic. 
‘‘(6) Development of physical and policy alter-
natives for separating car and truck traffic. 
‘‘(7) Ways to synchronize infrastructure im-
provements with freight transportation demand. 
‘‘(8) The effect of changing patterns of freight 
movement on transportation planning decisions re-
lating to rest areas. 
‘‘(9) Other research areas to identify and ad-
dress the emerging and future research needs re-
lated to freight transportation by all modes. 
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be up to 100 percent, and such funds shall re-
main available until expended. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the
421
National Academy of Sciences may seek and accept 
additional funding sources from public and private 
entities capable of accepting funding from the De-
partment of Transportation, States, local govern-
ments, nonprofit foundations, and the private sec-
tor.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘‘509. National cooperative freight transportation research program.’’.
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $10,000,000 for each of 
fiscal years 2004 through 2009 shall be available to carry 
out section 509 of title 23, United States Code. 
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 510. Future strategic highway research program 
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the American Association of State Highway and 
Transportation Officials, shall establish and carry out, 
acting through the National Research Council of the Na-
tional Academy of Sciences, the future strategic highway 
research program.
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.
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.
457
‘‘(B) LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in 
subparagraph (A) that has been retained by an 
individual respondent or filed with the Bureau 
or any of its employees, contractors, or 
agents—
‘‘(i) shall be immune from legal proc-
ess; and 
‘‘(ii) shall not, without the consent of 
the individual concerned, be admitted as 
evidence or used for any purpose in any 
action, suit, or other judicial or adminis-
trative proceeding. 
‘‘(C) 
APPLICABILITY.—This 
paragraph 
shall apply only to reports that permit informa-
tion concerning an individual or organization to 
be reasonably determined by direct or indirect 
means. 
‘‘(3) INFORMING
RESPONDENT
OF
USE
OF 
DATA.—In a case in which the Bureau is authorized 
by statute to collect data or information for a non-
statistical purpose, the Director shall clearly distin-
guish the collection of the data or information, by 
rule and on the collection instrument, so as to in-
form a respondent that is requested or required to
458
supply the data or information of the nonstatistical 
purpose. 
‘‘(m) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information 
in the possession of any Federal agency except informa-
tion—
‘‘(1) the disclosure of which to another Federal 
agency is expressly prohibited by law; or 
‘‘(2) the disclosure of which the agency so re-
quested determines would significantly impair the 
discharge of authorities and responsibilities which 
have been delegated to, or vested by law, in such 
agency. 
‘‘(n) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) ESTABLISHMENT.—There is established in 
the Bureau an Advisory Council on Transportation 
Statistics. 
‘‘(2) FUNCTION.—It shall be the function of the 
Advisory Council to advise the Director of the Bu-
reau on transportation statistics and analyses, in-
cluding whether or not the statistics and analysis 
disseminated by the Bureau are of high quality and 
are based upon the best available objective informa-
tion.
459
‘‘(3) MEMBERSHIP.—The Advisory Council 
shall be composed of not more than 6 members ap-
pointed by the Director who are not officers or em-
ployees of the United States. Each member shall 
have expertise in transportation data collection or 
analysis or application; except that 1 member shall 
have expertise in economics and 1 member shall 
have expertise in statistics. At least 1 member shall 
be a senior official of a State department of trans-
portation. 
‘‘(4) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 App. U.S.C.) shall apply to the advisory 
council established under this section, except that 
section 14 of such Act shall not apply to the Advi-
sory Council.’’. 
Subtitle F—Intelligent 
Transportation Systems Research 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2004’’. 
SEC. 5602. GOALS AND PURPOSES. 
(a) GOALS.—The goals of the intelligent transpor-
tation system program include—
460
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a 
significant portion of future transportation needs, 
including public access to employment, goods, and 
services and to reduce regulatory, financial, and 
other transaction costs to public agencies and sys-
tem users; 
(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as 
well as improved emergency response to a crash, 
with particular emphasis on decreasing the number 
and severity of collisions;
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting 
State and local governments to achieve national en-
vironmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators 
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and
461
(5) improvement of the Nation’s ability to re-
spond to security-related or other manmade emer-
gencies and natural disasters and enhancement of 
national defense mobility. 
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum—
(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent 
transportation systems for consumers of passenger 
and freight transportation; 
(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration 
in the transportation planning process; 
(3) improve regional cooperation and operations 
planning for effective intelligent transportation sys-
tem deployment; 
(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based 
safety enhancing systems;
462
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations; 
(7) develop a workforce capable of developing, 
operating, and maintaining intelligent transportation 
systems; and 
(8) provide continuing support for operations 
and maintenance of intelligent transportation sys-
tems. 
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) SCOPE.—Subject to the provisions of this subtitle, 
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United 
States. 
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this subtitle shall encourage and not displace public-pri-
vate partnerships or private sector investment in such 
tests and projects. 
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system program in co-
463
operation with State and local governments and other pub-
lic entities, the private sector of the United States, the 
Federal laboratories, and colleges and universities, includ-
ing historically Black colleges and universities and other 
minority institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other 
Federal departments and agencies, as appropriate. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance, 
training, and information to State and local governments 
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services. 
(f) TRANSPORTATION PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and 
safety data collected as a result of federally 
sponsored projects carried out under this sub-
464
title (including the amendments made by this 
subtitle); and 
(B) make, on request, that information 
(except for proprietary information and data) 
readily available to all users of the repository at 
an appropriate cost. 
(2) AGREEMENT.—
(A) IN
GENERAL.—The Secretary may 
enter into an agreement with a third party for 
the maintenance of the repository for technical 
and safety data under paragraph (1)(A). 
(B) FEDERAL FINANCIAL ASSISTANCE.—If 
the Secretary enters into an agreement with an 
entity for the maintenance of the repository, the 
entity shall be eligible for Federal financial as-
sistance under this section. 
(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to section 
555 of title 5, United States Code. 
(h) ADVISORY COMMITTEES.—In carrying out this 
subtitle, the Secretary may use one or more advisory com-
mittees that are subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
465
(A) IN
GENERAL.—The Secretary shall 
issue guidelines and requirements for the re-
porting and evaluation of operational tests and 
deployment projects carried out under this sub-
title. 
(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under 
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the re-
porting entity so as to avoid any real or appar-
ent conflict of interest or potential influence on 
the outcome by parties to any such test or de-
ployment project or by any other formal evalua-
tion carried out under this subtitle. 
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall 
establish reporting funding levels based on the 
size and scope of each test or project that en-
sure adequate reporting 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 reporting of any test, deployment 
project, or program assessment activity under this 
subtitle shall not be subject to chapter 35 of title 44.
466
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND 
MAINTENANCE.—Consistent with section 12(d) of 
the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 
the Secretary shall develop, implement, and maintain 
a national architecture and supporting standards 
and protocols to promote the widespread use and 
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation 
systems of the United States. 
(2) INTEROPERABILITY AND EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment organizations as the Secretary determines to 
be appropriate. 
(4) USE OF EXPERT PANEL.—
(A) DESIGNATION.—The Secretary shall 
designate a panel of experts to recommend ways 
to expedite and streamline the process for de-
467
veloping the standards and protocols to be de-
veloped pursuant to paragraph (1). 
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be 
subject to the Federal Advisory Committee Act 
(5 U.S.C. App.). 
(C) DEADLINE FOR RECOMMENDATION.—
No later than September 30, 2005, the expert 
panel shall provide the Secretary with a rec-
ommendation relating to such standards devel-
opment. 
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that 
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using, 
to the extent practicable, the work product of appro-
priate standards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be 
published in the Federal Register and remain in ef-
fect until the appropriate standards development or-
ganization adopts and publishes a standard.
468
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that 
intelligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this 
subtitle to deploy intelligent transportation system 
technologies, conform to the national architecture, 
applicable standards or provisional standards, and 
protocols developed under subsection (a). 
(2) SECRETARY’S DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for—
(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or 
the surface transportation research and devel-
opment strategic plan developed under section 
508 of title 23, United States Code; or 
(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the 
date of enactment of this Act if the Secretary 
determines that the upgrade or expansion—
(i) would not adversely affect the 
goals or purposes of this subtitle;
469
(ii) is carried out before the end of 
the useful life of such system; and 
(iii) is cost-effective as compared to 
alternatives that would meet the con-
formity requirement of paragraph (1). 
(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to funds used for operation or maintenance of 
an intelligent transportation system in existence on 
the date of enactment of this Act. 
SEC. 5605. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and 
other similar activities that are necessary to carry out this 
subtitle. 
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit management, freight management, road 
weather management, toll collection, traveler infor-
mation, or highway operations systems and remote 
sensing products;
470
(2) enhance safety through improved crash 
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and 
(3) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of operational tests and demonstrations under subsection 
(a) shall not exceed 80 percent. 
SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 
Funds made available to carry out this subtitle for 
operational tests—
(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and transit infrastructure unless the construction is 
incidental and critically necessary to the implemen-
tation of an intelligent transportation system 
project. 
SEC. 5607. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—The term ‘‘incident’’ means a 
crash, a natural disaster, workzone activity, special
471
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traf-
fic. 
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation 
infrastructure’’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means 
electronics, communications, or information proc-
essing used singly or in combination to improve the 
efficiency or safety of a surface transportation sys-
tem. 
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework 
for interoperability that defines—
(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.
472
(5) PROJECT.—The term ‘‘project’’ means a 
undertaking to research, develop, or operationally 
test intelligent transportation systems or any other 
undertaking eligible for assistance under this sub-
title. 
(6) STANDARD.—The term ‘‘standard’’ means a 
document that—
(A) contains technical specifications or 
other precise criteria for intelligent transpor-
tation systems that are to be used consistently 
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products, 
processes, and services are fit for their pur-
poses; and 
(B) may support the national architecture 
and promote—
(i) the widespread use and adoption of 
intelligent 
transportation 
system 
tech-
nology as a component of the surface 
transportation systems of the United 
States; and 
(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States.
473
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23, 
United States Code. 
(8) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning 
given the term under section 101(a) of such title. 
SEC. 5608. REPEAL. 
Subtitle C of title V of The Transportation Equity 
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
452–463) is repealed.
TITLE VI—PLANNING AND 
PROJECT DELIVERY 
This title will add to subtitle III of title 49, United 
States Code, a new chapter 52 relating to transportation 
planning. The chapter will incorporate Federal Highway 
Administration and Federal Transit Administration plan-
ning provisions from sections 134 and 135 of title 23 of 
the Code and sections 5303–5305 of title 49 of the Code 
in order to create a single set of requirements for highway 
and public transportation planning. [Reserved.]
TITLE VII—HAZARDOUS 
MATERIALS TRANSPORTATION 
This title will reauthorize the hazardous materials 
transportation program under chapter 5 of title 49,
474
United States Code, managed by the Research and Special 
Programs Administration of the Department of Transpor-
tation. [Reserved.]
TITLE 
VIII—TRANSPORTATION 
DISCRETIONARY 
SPENDING 
GUARANTEE 
The guaranteed funding levels provided under this 
Act are dependent on identifying additional budgetary re-
sources. This title will continue sections 8101 and 8103 
of the Transportation Equity Act for the 21st Century 
that guarantee that specific levels of authorized funding 
will be available for obligation each year by continuing the 
highway category budgetary firewall, which protects the 
Federal-aid highway program’s obligation limitation, the 
programs of the Federal Motor Carrier Safety Administra-
tion, and the portion of the National Highway Traffic 
Safety Administration’s programs funded from the High-
way Trust Fund, and the mass transit category budgetary 
firewall, which protects the portion of the Federal Transit 
Administration programs funded from the Mass Transit 
Account of the Highway Trust Fund and the portion of 
such programs funded from the general fund of the Treas-
ury.
Æ