H. R. 3—657
SEC. 5209. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION 
RESEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 509. National cooperative freight transportation research 
program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and sup-
port a national cooperative freight transportation research program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an agreement 
with the National Academy of Sciences to support and carry out 
administrative and management activities relating to the govern-
ance of the national cooperative freight transportation research 
program. 
‘‘(c) ADVISORY COMMITTEE.—The National Academy of Sciences 
shall select an advisory committee consisting of a representative 
cross-section of freight stakeholders, including the Department of 
Transportation, other Federal agencies, State transportation depart-
ments, local governments, nonprofit entities, academia, and the 
private sector. 
‘‘(d) GOVERNANCE.—The national cooperative freight transpor-
tation research program established under this section shall include 
the following administrative and management elements: 
‘‘(1) NATIONAL
RESEARCH
AGENDA.—The advisory com-
mittee, in consultation with interested parties, 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 advisory com-
mittee; 
‘‘(B) participate in merit reviews of research proposals 
and peer reviews of research products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH 
PROPOSALS.—The National Academy of Sciences may award 
research contracts and grants under the program through open 
competition and merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER
REVIEW.—Research contracts and grants 
under the program may allow peer review of the research 
results. 
‘‘(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 FINDINGS.—The National 
Academy of Sciences shall disseminate research findings to 
researchers, practitioners, and decisionmakers, through con-
ferences and seminars, field demonstrations, workshops, 
training programs, presentations, testimony to government offi-
cials, the World Wide Web, publications for the general public, 
and other appropriate means. 
‘‘(e) CONTENTS.—The national research agenda required under 
subsection (d)(1) shall include research in the following areas: 
‘‘(1) Techniques for estimating and quantifying public bene-
fits derived from freight transportation projects.
H. R. 3—658
‘‘(2) Alternative approaches to calculating the contribution 
of truck and rail traffic to congestion on specific highway seg-
ments. 
‘‘(3) The feasibility of consolidating origins and destinations 
for freight movement. 
‘‘(4) Methods for incorporating estimates of international 
trade into landside transportation planning. 
‘‘(5) The use of technology applications to increase capacity 
of highway lanes dedicated to truck-only traffic. 
‘‘(6) Development of physical and policy alternatives for 
separating car and truck traffic. 
‘‘(7) Ways to synchronize infrastructure improvements with 
freight transportation demand. 
‘‘(8) The effect of changing patterns of freight movement 
on transportation planning decisions relating to rest areas. 
‘‘(9) Other research areas to identify and address emerging 
and future research needs related 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. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using 
funds authorized for this section, the National Academy of 
Sciences may seek and accept additional funding sources from 
public and private entities capable of accepting funding from 
the Department of Transportation, States, local governments, 
nonprofit foundations, and the private sector. 
‘‘(3) PERIOD OF AVAILABILITY.—Amounts made available to 
carry out this section shall remain available until expended.’’. 
(b) FUNDING.—Of the amounts made available by section 
5101(a)(1) of this Act, $3,750,000 for each of fiscal years 2006 
through 2009 shall be available to carry out section 509 of such 
title. 
(c) CONFORMING AMENDMENT.—The analysis for such chapter 
is further amended by adding at the end the following:
‘‘509. National cooperative freight transportation research program.’’.
SEC. 5210. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. 
(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 consultation with the 
American Association of State Highway and Transportation Offi-
cials, shall establish and carry out, acting through the National 
Research Council of the National Academy of Sciences, the future 
strategic highway research program. 
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary may make 
grants to, and enter into cooperative agreements with, the American 
Association of State Highway and Transportation Officials and the 
National Academy of Sciences to carry out such activities under 
this section as the Secretary determines are appropriate. 
‘‘(c) PROGRAM PRIORITIES.—
‘‘(1) PROGRAM ELEMENTS.—The program established under 
this section shall be based on the National Research Council 
Special Report 260, entitled ‘Strategic Highway Research:
H. R. 3—659
Saving Lives, Reducing Congestion, Improving Quality of Life’ 
and the results of the detailed planning work subsequently 
carried out in 2002 and 2003 to identify the research areas 
through National Cooperative Research Program Project 20–
58. The research program shall include an analysis of the 
following: 
‘‘(A) Renewal of aging highway infrastructure with 
minimal impact to users of the facilities. 
‘‘(B) Driving behavior and likely crash causal factors 
to support improved countermeasures. 
‘‘(C) Reducing highway congestion due to nonrecurring 
congestion. 
‘‘(D) Planning and designing new road capacity to meet 
mobility, economic, environmental, and community needs. 
‘‘(2) DISSEMINATION OF RESULTS.—The research 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. 
‘‘(d) 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 solicita-
tion of proposals and review by panels of appropriate experts; 
‘‘(2) State department of transportation officials and other 
stakeholders, as appropriate, are involved in the governance 
of the program at the overall program level and technical 
level through the use of expert panels and committees; 
‘‘(3) the Council acquires a qualified, permanent core staff 
with the ability and expertise to manage the program and 
multiyear budget; and 
‘‘(4) there is no duplication of research effort between the 
program and any other research effort of the Department. 
‘‘(e) REPORT ON IMPLEMENTATION OF RESULTS.—
‘‘(1) REPORT.—The Transportation Research Board of the 
National Research Council shall complete a report on the strate-
gies and administrative structure to be used for implementation 
of the results of the future strategic highway research program. 
‘‘(2) COMPONENTS.—The report under paragraph (1) shall 
include with respect to the program—
‘‘(A) an identification of the most promising results 
of research under the program (including the persons most 
likely to use the results); 
‘‘(B) a discussion of potential incentives for, impedi-
ments to, and methods of, implementing those results; 
‘‘(C) an estimate of costs of implementation of those 
results; and 
‘‘(D) 
recommendations 
on 
methods 
by 
which 
implementation of those results should be conducted, 
coordinated, and supported in future years, including a 
discussion of the administrative 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;
H. R. 3—660
‘‘(B) the National Highway Traffic Safety Administra-
tion; 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 Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives. 
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of the cost of 
an activity carried out using amounts made available under 
a grant or cooperative agreement 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. 
‘‘(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 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, 
personal injury, or death caused by any negligent or wrongful 
act or omission by employees and individuals described in para-
graph (3) arising from activities conducted under or in connec-
tion with this section. Any such claim shall be subject to the 
limitations and exceptions which would be applicable to such 
claim if such claim were against the United States. With respect 
to any such claim, the Secretary shall be treated as the head 
of the appropriate Federal agency for purposes of sections 2672 
and 2675 of title 28. 
‘‘(2) EXCLUSIVENESS OF REMEDY.—The remedy referred to 
in paragraph (1) shall be exclusive of any other civil action 
or proceeding for the purpose 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 treated as if they are employees of the Federal Govern-
ment under section 2671 of title 28 for purposes of a civil 
action or proceeding with respect to a claim described in para-
graph (1). The civil action or proceeding 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 limitations and 
exceptions applicable to such a proceeding or action. 
‘‘(4) SOURCES OF PAYMENTS.—Payment of any award, com-
promise, or settlement of a civil action or proceeding with 
respect to a claim described in paragraph (1) shall be paid 
first out of insurance maintained 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,