-CITE-

23 USC CHAPTER 5 - RESEARCH AND TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-MISC1-

Sec.

501. Definitions.

502. Surface transportation research.

503. Technology deployment program.(!1)

504. Training and education.

505. State planning and research.

506. International highway transportation outreach program.

507. Surface transportation-environment cooperative

research program.

508. Surface transportation research strategic planning.

PRIOR PROVISIONS

A prior chapter 5, added Pub. L. 90-495, Sec. 30, Aug. 23, 1968,

82 Stat. 830, consisting of sections 501 to 512, related to highway

relocation assistance, prior to repeal by Pub. L. 91-646, title II,

Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et

seq. of Title 42, The Public Health and Welfare. For Effective Date

of Repeal and Savings Provisions, see sections 221 and 220(b) of

Pub. L. 91-646, set out as notes under sections 4601 and 4621,

respectively, of Title 42.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 103 of this title.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

23 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 501. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Federal laboratory. - The term "Federal laboratory"

includes a Government-owned, Government-operated laboratory and a

Government-owned, contractor-operated laboratory.

(2) Safety. - The term "safety" includes highway and traffic

safety systems, research, and development relating to vehicle,

highway, driver, passenger, bicyclist, and pedestrian

characteristics, accident investigations, communications,

emergency medical care, and transportation of the injured.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5101(2), June 9, 1998, 112

Stat. 422.)

-MISC1-

PRIOR PROVISIONS

A prior section 501, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 830, related to declaration of policy as to highway

relocation assistance, prior to repeal by Pub. L. 91-646, title II,

Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

-End-

-CITE-

23 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 502. Surface transportation research

-STATUTE-

(a) General Authority. -

(1) Research, development, and technology transfer activities.

- The Secretary may carry out research, development, and

technology transfer activities with respect to -

(A) motor carrier transportation;

(B) all phases of transportation planning and development

(including construction, operation, modernization, development,

design, maintenance, safety, financing, and traffic

conditions); and

(C) the effect of State laws on the activities described in

subparagraphs (A) and (B).

(2) Tests and development. - The Secretary may test, develop,

or assist in testing and developing any material, invention,

patented article, or process.

(3) Cooperation, grants, and contracts. - The Secretary may

carry out this section -

(A) independently;

(B) in cooperation with other Federal departments, agencies,

and instrumentalities and Federal laboratories; or

(C) by making grants to, or entering into contracts,

cooperative agreements, and other transactions with, the

National Academy of Sciences, the American Association of State

Highway and Transportation Officials, or any Federal

laboratory, State agency, authority, association, institution,

for-profit or nonprofit corporation, organization, foreign

country, or person.

(4) Technological innovation. - The programs and activities

carried out under this section shall be consistent with the

surface transportation research and technology development

strategic plan developed under section 508.

(5) Funds. -

(A) Special account. - In addition to other funds made

available to carry out this section, the Secretary shall use

such funds as may be deposited by any cooperating organization

or person in a special account of the Treasury established for

this purpose.

(B) Use of funds. - The Secretary shall use funds made

available to carry out this section to develop, administer,

communicate, and promote the use of products of research,

development, and technology transfer programs under this

section.

(b) Collaborative Research and Development. -

(1) In general. - To encourage innovative solutions to surface

transportation problems and stimulate the deployment of new

technology, the Secretary may carry out, on a cost-shared basis,

collaborative research and development with -

(A) non-Federal entities, including State and local

governments, foreign governments, colleges and universities,

corporations, institutions, partnerships, sole proprietorships,

and trade associations that are incorporated or established

under the laws of any State; and

(B) Federal laboratories.

(2) Agreements. - In carrying out this subsection, the

Secretary may enter into cooperative research and development

agreements (as defined in section 12 of the Stevenson-Wydler

Technology Innovation Act of 1980 (15 U.S.C. 3710a)).

(3) Federal share. -

(A) In general. - The Federal share of the cost of activities

carried out under a cooperative research and development

agreement entered into under this subsection shall not exceed

50 percent, except that if there is substantial public interest

or benefit, the Secretary may approve a greater Federal share.

(B) Non-federal share. - All costs directly incurred by the

non-Federal partners, including personnel, travel, and hardware

development costs, shall be credited toward the non-Federal

share of the cost of the activities described in subparagraph

(A).

(4) Use of technology. - The research, development, or use of a

technology under a cooperative research and development agreement

entered into under this subsection, including the terms under

which the technology may be licensed and the resulting royalties

may be distributed, shall be subject to the Stevenson-Wydler

Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(5) Waiver of advertising requirements. - Section 3709 of the

Revised Statutes (41 U.S.C. 5) shall not apply to a contract or

agreement entered into under this chapter.

(c) Contents of Research Program. - The Secretary shall include

in surface transportation research, technology development, and

technology transfer programs carried out under this title

coordinated activities in the following areas:

(1) Development, use, and dissemination of indicators,

including appropriate computer programs for collecting and

analyzing data on the status of infrastructure facilities, to

measure the performance of the surface transportation systems of

the United States, including productivity, efficiency, energy

use, air quality, congestion, safety, maintenance, and other

factors that reflect system performance.

(2) Methods, materials, and testing to improve the durability

of surface transportation infrastructure facilities and extend

the life of bridge structures, including -

(A) new and innovative technologies to reduce corrosion;

(B) tests simulating seismic activity, vibration, and

weather; and

(C) the use of innovative recycled materials.

(3) Technologies and practices that reduce costs and minimize

disruptions associated with the construction, rehabilitation, and

maintenance of surface transportation systems, including

responses to natural disasters.

(4) Development of nondestructive evaluation equipment for use

with existing infrastructure facilities and with next-generation

infrastructure facilities that use advanced materials.

(5) Dynamic simulation models of surface transportation systems

for -

(A) predicting capacity, safety, and infrastructure

durability problems;

(B) evaluating planned research projects; and

(C) testing the strengths and weaknesses of proposed

revisions to surface transportation operations programs.

(6) Economic highway geometrics, structures, and desirable

weight and size standards for vehicles using the public highways

and the feasibility of uniformity in State regulations with

respect to such standards.

(7) Telecommuting and the linkages between transportation,

information technology, and community development and the impact

of technological change and economic restructuring on travel

demand.

(8) Expansion of knowledge of implementing life cycle cost

analysis, including -

(A) establishing the appropriate analysis period and discount

rates;

(B) learning how to value and properly consider use costs;

(C) determining tradeoffs between reconstruction and

rehabilitation; and

(D) establishing methodologies for balancing higher initial

costs of new technologies and improved or advanced materials

against lower maintenance costs.

(9) Standardized estimates, to be developed in conjunction with

the National Institute of Standards and Technology and other

appropriate organizations, of useful life under various

conditions for advanced materials of use in surface

transportation.

(10) Evaluation of traffic calming measures that promote

community preservation, transportation mode choice, and safety.

(11) Development and implementation of safety-enhancing

equipment, including unobtrusive eyetracking technology.

(d) Advanced Research. -

(1) In general. - The Secretary shall establish an advanced

research program, consistent with the surface transportation

research and technology development strategic plan developed

under section 508, that addresses longer-term, higher-risk

research that shows potential benefits for improving the

durability, efficiency, environmental impact, productivity, and

safety (including bicycle and pedestrian safety) of highway and

intermodal transportation systems. In carrying out the program,

the Secretary shall strive to develop partnerships with the

public and private sectors.

(2) Research areas. - In carrying out the program, the

Secretary may make grants and enter into cooperative agreements

and contracts in such areas as the Secretary determines

appropriate, including the following:

(A) Characterization of materials used in highway

infrastructure, including analytical techniques, microstructure

modeling, and the deterioration processes.

(B) Diagnostics for evaluation of the condition of bridge and

pavement structures to enable the assessment of risks of

failure, including from seismic activity, vibration, and

weather.

(C) Design and construction details for composite structures.

(D) Safety technology-based problems in the areas of

pedestrian and bicycle safety, roadside hazards, and composite

materials for roadside safety hardware.

(E) Environmental research, including particulate matter

source apportionment and model development.

(F) Data acquisition techniques for system condition and

performance monitoring.

(G) Human factors, including prediction of the response of

travelers to new technologies.

(e) Long-Term Pavement Performance Program. -

(1) Authority. - The Secretary shall complete the long-term

pavement performance program tests initiated under the strategic

highway research program established under section 307(d) (as in

effect on the day before the date of enactment of this section)

and continued by the Intermodal Surface Transportation Efficiency

Act of 1991 (105 Stat. 1914 et seq.) through the midpoint of a

planned 20-year life of the long-term pavement performance

program.

(2) Grants, cooperative agreements, and contracts. - Under the

program, the Secretary shall make grants and enter into

cooperative agreements 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 in carrying out subparagraph

(A); and

(C) prepare products to fulfill program objectives and meet

future pavement technology needs.

(f) Seismic Research Program. -

(1) Establishment. - The Secretary shall establish a program to

study the vulnerability of the Federal-aid highway system and

other surface transportation systems to seismic activity and to

develop and implement cost-effective methods to reduce such

vulnerability.

(2) Cooperation with national center for earthquake engineering

research. - The Secretary shall conduct the program in

cooperation with the National Center for Earthquake Engineering

Research at the University of Buffalo.

(3) Cooperation with agencies participating in national

earthquake hazards reduction program. - The Secretary shall

conduct the program in consultation and cooperation with Federal

departments and agencies participating in the National Earthquake

Hazards Reduction Program established by section 5 of the

Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) and

shall take such actions as may be necessary to ensure that the

program is consistent with -

(A) planning and coordination activities of the Director of

the Federal Emergency Management Agency under section 5(b)(1)

of such Act (42 U.S.C. 7704(b)(1)); and

(B) the plan developed by the Director of the Federal

Emergency Management Agency under section 8(b) of such Act (42

U.S.C. 7705b(b)).

(g) Infrastructure Investment Needs Report. -

(1) In general. - Not later than January 31, 1999, and January

31 of every second year thereafter, the Secretary shall report to

the Committee on Environment and Public Works of the Senate and

the Committee on Transportation and Infrastructure of the House

of Representatives on -

(A) estimates of the future highway and bridge needs of the

United States; and

(B) the backlog of current highway and bridge needs.

(2) Comparison with prior reports. - Each report under

paragraph (1) shall provide the means, including all necessary

information, to relate and compare the conditions and service

measures used in the 3 biannual reports published prior to the

date of enactment of the Transportation Equity Act for the 21st

Century.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5102, June 9, 1998, 112 Stat.

422.)

-REFTEXT-

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (b)(4), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.

2311, as amended, which is classified generally to chapter 63 (Sec.

3701 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short title note set

out under section 3701 of Title 15 and Tables.

The date of enactment of this section, referred to in subsec.

(e)(1), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

The Intermodal Surface Transportation Efficiency Act of 1991,

referred to in subsec. (e)(1), is Pub. L. 102-240, Dec. 18, 1991,

105 Stat. 1914, as amended. For complete classification of this Act

to the Code, see Short Title of 1991 Amendment note set out under

section 101 of Title 49, Transportation, and Tables.

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsec. (g)(2), is the date of

enactment of Pub. L. 105-178, which was approved June 9, 1998.

-MISC1-

PRIOR PROVISIONS

A prior section 502, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 831, related to State assurances of adequate highway

relocation assistance program, prior to repeal by Pub. L. 91-646,

title II, Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM

Pub. L. 105-178, title V, Sec. 5112, June 9, 1998, 112 Stat. 445,

provided that:

"(a) Study. - Not later than 120 days after the date of enactment

of this Act [June 9, 1998], the Secretary shall make a grant to, or

enter into a cooperative agreement or contract with, the

Transportation Research Board of the National Academy of Sciences

(in this section referred to as the 'Board') to conduct a study to

determine the goals, purposes, research agenda and projects,

administrative structure, and fiscal needs for a new strategic

highway research program to replace the program established under

section 307(d) (as in effect on the day before the date of

enactment of this Act), or a similar effort.

"(b) Consultation. - In conducting the study, the Board shall

consult with the American Association of State Highway and

Transportation Officials and such other entities as the Board

determines appropriate to the conduct of the study.

"(c) Report. - Not later than 5 years after making a grant or

entering into a cooperative agreement or contract under subsection

(a), the Board shall submit a final report on the results of the

study to the Secretary, the Committee on Environment and Public

Works of the Senate, and the Committee on Transportation and

Infrastructure of the House of Representatives."

COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION

TECHNOLOGIES

Pub. L. 105-178, title V, Sec. 5113, June 9, 1998, 112 Stat. 445,

provided that:

"(a) In General. - The Secretary shall establish and carry out a

program to validate commercial remote sensing products and spatial

information technologies for application to national transportation

infrastructure development and construction.

"(b) Program Stages. -

"(1) First stage. - Not later than 18 months after the date of

enactment of this Act [June 9, 1998], the Secretary shall

establish a national policy for the use of commercial remote

sensing products and spatial information technologies in national

transportation infrastructure development and construction.

"(2) Second stage. - After establishment of the national policy

under paragraph (1), the Secretary shall develop new applications

of commercial remote sensing products and spatial information

technologies for the implementation of the national policy.

"(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) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $10,000,000 for each of

fiscal years 1999 through 2004."

TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM

Pub. L. 105-178, title V, Sec. 5117, June 9, 1998, 112 Stat. 448,

as amended by Pub. L. 105-206, title IX, Sec. 9011(g), (h), July

22, 1998, 112 Stat. 864; Pub. L. 105-277, div. A, Sec. 101(g)

[title III, Sec. 3769 [369]], Oct. 21, 1998, 112 Stat. 2681-439,

2681-478; Pub. L. 107-117, div. B, Sec. 1101, Jan. 10, 2002, 115

Stat. 2330, provided that:

"(a) In General. - The Secretary shall carry out a transportation

technology innovation and demonstration program in accordance with

the requirements of this section.

"(b) Contents of Program. -

"(1) Motor vehicle safety warning system. -

"(A) In general. - The Secretary shall expand and continue

the study authorized by section 358(c) of the National Highway

System Designation Act of 1995 [Pub. L. 104-59] (23 U.S.C. 401

note; 109 Stat. 625) relating to the development of a motor

vehicle safety warning system and shall conduct tests of such

system.

"(B) Grants. - In carrying out this paragraph, the Secretary

may make grants to State and local governments.

"(C) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2000 by section 5001(a)(2) of this

Act [112 Stat. 419], $700,000 per fiscal year shall be

available to carry out this paragraph.

"(2) Motor carrier advanced sensor control system. -

"(A) In general. - The Secretary shall conduct research on

the deployment of a system of advanced sensors and signal

processors in trucks and tractor trailers to determine axle and

wheel alignment, monitor collision alarm, check tire pressure

and tire balance conditions, measure and detect load

distribution in the vehicle, and monitor and adjust automatic

braking systems.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(2) of this

Act, $700,000 per fiscal year shall be available to carry out

this paragraph.

"(3) Intelligent transportation infrastructure. -

"(A) In general. - The Secretary shall carry out a program to

advance the deployment of an operational intelligent

transportation infrastructure system for the measurement of

various transportation system activities to aid in the

transportation planning and analysis while making a significant

contribution to the ITS program under this title [see Tables

for classification]. This program shall be initiated in the 2

largest metropolitan areas in the Commonwealth of Pennsylvania.

The program may locate its database at the facility authorized

under paragraph (6).

"(B) Description. - The program under this section shall meet

the following objectives:

"(i) Build an infrastructure of the measurement of various

transportation system metrics to aid in planning, analysis,

and maintenance of the Department of Transportation,

including the buildout, maintenance, and operation of greater

than 40 metropolitan area systems with a cost not to exceed

$2,000,000 per metropolitan area. For the purposes of this

demonstration initiative, a metropolitan area is defined as

any area that has a population exceeding 300,000 and that

meets several of the criteria established by the Secretary in

conjunction with the intelligent vehicle highway systems

corridors program.

"(ii) Provide private technology commercialization

initiatives to generate revenues which will be shared with

the Department of Transportation.

"(iii) Collect data primarily through wireless transmission

along with some shared wide area networks.

"(iv) Aggregate data into reports for multipoint data

distribution techniques.

"(v) Utilize an advanced information system designed and

monitored by an entity with experience with the Department of

Transportation in the design and monitoring of high

reliability, mission critical voice and data systems.

"(C) Follow-on deployment. - (i) After an intelligent

transportation infrastructure system deployed in an initial

deployment area pursuant to a contract entered into under the

program under this paragraph has received system acceptance,

the Department of Transportation has the authority to extend

the original contract that was competitively awarded for the

deployment of the system in the follow-on deployment areas

under the contract, using the same asset ownership,

maintenance, fixed price contract, and revenue sharing model,

and the same competitively selected consortium leader, as were

used for the deployment in that initial deployment area under

the program.

"(ii) If any one of the follow-on deployment areas does not

commit, by July 1, 2002, to participate in the deployment of

the system under the contract, then, upon application by any of

the other follow-on deployment areas that have committed by

that date to participate in the deployment of the system, the

Secretary shall supplement the funds made available for any of

the follow-on deployment areas submitting the applications by

using for that purpose the funds not used for deployment of the

system in the nonparticipating area. Costs paid out of funds

provided in such a supplementation shall not be counted for the

purpose of the limitation on maximum cost set forth in

subparagraph (B).

"(D) Eligibility. - In addition to the amounts made available

under subparagraph (F), the program authorized under this

paragraph shall be eligible for funding under sections 5207 and

5208 of this Act [set out in a note below].

"(E) Definitions. - In this paragraph:

"(i) The term 'initial deployment area' means a

metropolitan area referred to in the second sentence of

subparagraph (A).

"(ii) The term 'follow-on deployment areas' means the

metropolitan areas of Baltimore, Birmingham, Boston, Chicago,

Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston,

Indianapolis, Las Vegas, Los Angeles, Miami, New

York/Northern New Jersey, Northern Kentucky/Cincinnati,

Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh,

Portland, Providence, Salt Lake, San Diego, San Francisco,

St. Louis, Seattle, Tampa, and Washington, District of

Columbia.

"(F) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(2) of this

Act, $1,700,000 per fiscal year shall be available to carry out

this paragraph.

"(G) Federal share. - The Federal share of the cost of a

program carried out under this paragraph shall be 80 percent of

the cost of such program.

"(4) Corrosion control and prevention. -

"(A) In general. - The Secretary shall make a grant to

conduct a study on the costs and benefits of corrosion control

and prevention. The study shall be conducted in conjunction

with an interdisciplinary team of experts from the fields of

metallurgy, chemistry, economics, and others, as appropriate.

Not later than September 30, 2001, the Secretary shall submit

to Congress a report on the study results, together with any

recommendations.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1999 and 2000 by section 5001(a)(1) of this Act

[112 Stat. 419], $500,000 per fiscal year shall be available to

carry out this paragraph.

"(5) Fundamental properties of asphalts and modified asphalts.

-

"(A) In general. - The Secretary shall continue to carry out

section 6016 of the Intermodal Surface Transportation

Efficiency Act of 1991 [Pub. L. 102-240, set out as a note

below]. Additional areas of the program under such section

shall be asphalt-water interaction studies and

asphalt-aggregate thin film behavior studies.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(1) of this

Act, $1,000,000 for fiscal year 1998 and $3,000,000 for each of

fiscal years 1999 through 2003 shall be available to carry out

this paragraph.

"(6) Advanced Traffic Monitoring and Response Center. -

"(A) In general. - The Secretary shall make grants to the

Commonwealth of Pennsylvania, in conjunction with the

Pennsylvania Turnpike Commission, to establish an advanced

traffic monitoring and emergency response center at Letterkenny

Army Depot in Chambersburg, Pennsylvania. The center shall help

develop and coordinate traffic monitoring and ITS systems on

portions of the Pennsylvania Turnpike system and I-81,

coordinate emergency response with State and local governments

in the Central Pennsylvania Region and conduct research on

emergency response and prototype trauma response.

"(B) Funding. -

"(i) Eligibility under section 5208. - The center

established under this paragraph shall be eligible for

funding under section 5208 of this Act [set out in a note

below].

"(ii) Allocation. - Of the amounts made available for each

of fiscal years 1998 through 2003 by section 5001(a)(2) of

this Act, $1,667,000 per fiscal year shall be available to

carry out this paragraph.

"(7) Transportation economic and land use system. -

"(A) In general. - The Secretary shall continue development

and deployment through the New Jersey Institute of Technology

to metropolitan planning organizations of the Transportation

Economic and Land Use System.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(2) of this

Act, $1,000,000 per fiscal year shall be available to carry out

this paragraph.

"(8) Recycled materials resource center. -

"(A) Establishment. - The Secretary shall establish at the

University of New Hampshire a research program to be known as

the 'Recycled Materials Resource Center' (referred to in this

paragraph as the 'Center').

"(B) Activities. -

"(i) In general. - The Center shall -

"(I) systematically test, evaluate, develop appropriate

guidelines for, and demonstrate environmentally acceptable

and occupationally safe technologies and techniques for the

increased use of traditional and nontraditional recycled and

secondary materials in transportation infrastructure

construction and maintenance;

"(II) make information available to State transportation

departments, the Federal Highway Administration, the

construction industry, and other interested parties to assist

in evaluating proposals to use traditional and nontraditional

recycled and secondary materials in transportation

infrastructure construction;

"(III) encourage the increased use of traditional and

nontraditional recycled and secondary materials by using

sound science to analyze thoroughly all potential long-term

considerations that affect the physical and environmental

performance of the materials; and

"(IV) work cooperatively with Federal and State officials to

reduce the institutional barriers that limit widespread use

of traditional and nontraditional recycled and secondary

materials and to ensure that such increased use is consistent

with the sustained environmental and physical integrity of

the infrastructure in which the materials are used.

"(ii) Sites and projects under actual field conditions. -

In carrying out clause (i)(III), the Secretary may authorize

the Center to -

"(I) use test sites and demonstration projects under actual

field conditions to develop appropriate performance data; and

"(II) develop appropriate tests and guidelines to ensure

correct use of recycled and secondary materials in

transportation infrastructure construction.

"(C) Review and Evaluation. -

"(i) In general. - Not less often than every 2 years, the

Secretary shall review and evaluate the program carried out

by the Center.

"(ii) Notification of deficiencies. - In carrying out

clause (i), if the Secretary determines that the Center is

deficient in carrying out subparagraph (B), the Secretary

shall notify the Center of each deficiency and recommend

specific measures to address the deficiency.

"(iii) Disqualification. - If, after the end of the 180-day

period that begins on the date of notification to the Center

under clause (ii), the Secretary determines that the Center

has not corrected each deficiency identified under clause

(ii), the Secretary may, after notifying the Committee on

Environment and Public Works of the Senate and the Committee

on Transportation and Infrastructure of the House of

Representatives of the determination, disqualify the Center

from further participation under this section.

"(D) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(1) of this

Act, $1,500,000 per fiscal year shall be available to carry out

this paragraph."

INTELLIGENT TRANSPORTATION SYSTEMS

Pub. L. 105-178, title V, subtitle C, June 9, 1998, 112 Stat.

452, as amended by Pub. L. 105-206, title IX, Sec. 9011(c), July

22, 1998, 112 Stat. 863; Pub. L. 105-277, div. A, Sec. 101(g)

[title III, Sec. 370], Oct. 21, 1998, 112 Stat. 2681-439, 2681-478,

provided that:

"SEC. 5201. SHORT TITLE.

"This subtitle may be cited as the 'Intelligent Transportation

Systems Act of 1998'.

"SEC. 5202. FINDINGS.

"Congress finds that -

"(1) investments authorized by the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)

[Pub. L. 104-240, see Tables for classification] have

demonstrated that intelligent transportation systems can mitigate

surface transportation problems in a cost-effective manner; and

"(2) continued investment in architecture and standards

development, research, and systems integration is needed to

accelerate the rate at which intelligent transportation systems

are incorporated into the national surface transportation

network, thereby improving transportation safety and efficiency

and reducing costs and negative impacts on communities and the

environment.

"SEC. 5203. GOALS AND PURPOSES.

"(a) Goals. - The goals of the intelligent transportation system

program include -

"(1) enhancement of surface transportation efficiency and

facilitation of intermodalism and international 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 system users;

"(2) achievement of national transportation safety goals,

including the enhancement of safe operation of motor vehicles and

nonmotorized vehicles, with particular emphasis on decreasing the

number and severity of collisions;

"(3) protection and enhancement of the natural environment and

communities affected by surface transportation, with particular

emphasis on assisting State and local governments to achieve

national environmental goals;

"(4) accommodation of the needs of all users of surface

transportation systems, including operators of commercial

vehicles, passenger vehicles, and motorcycles, and including

individuals with disabilities; and

"(5) improvement of the Nation's ability to respond to

emergencies and natural disasters and enhancement of national

defense mobility.

"(b) Purposes. - The Secretary shall implement activities under

the intelligent system transportation program 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 transportation

officials have adequate knowledge of intelligent transportation

systems for full consideration in the transportation planning

process;

"(3) improve regional cooperation and operations planning for

effective intelligent transportation system deployment;

"(4) promote the innovative use of private resources;

"(5) develop a workforce capable of developing, operating, and

maintaining intelligent transportation systems; and

"(6) complete deployment of Commercial Vehicle Information

Systems and Networks in a majority of States by September 30,

2003.

"SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.

"(a) Scope. - Subject to the provisions of this subtitle, the

Secretary shall conduct an ongoing intelligent transportation

system program to research, develop, and operationally test

intelligent transportation systems and advance nationwide

deployment of such systems as a component of the surface

transportation systems of the United States.

"(b) Policy. - Intelligent transportation system operational

tests and deployment projects funded pursuant to this subtitle

shall encourage and not displace public-private 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 cooperation with State and local

governments and other public entities, the United States private

sector, the Federal laboratories, and colleges and universities,

including historically black colleges and universities and other

minority institutions of higher education.

"(d) Consultation With Federal Officials. - In carrying out the

intelligent transportation system program, the Secretary, as

appropriate, shall consult with the Secretary of Commerce, the

Secretary of the Treasury, the Administrator of the Environmental

Protection Agency, the Director of the National Science Foundation,

and the heads of other Federal departments and agencies.

"(e) Technical Assistance, Training, and Information. - The

Secretary may provide technical assistance, training, and

information to State and local governments seeking to implement,

operate, maintain, or evaluate intelligent transportation system

technologies and services.

"(f) Transportation Planning. - The Secretary may provide funding

to support adequate consideration of transportation system

management and operations, including intelligent transportation

systems, within metropolitan 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 subtitle; and

"(B) on request, make that information (except for

proprietary information and data) readily available to all

users of the repository at an appropriate cost.

"(2) Delegation of authority. -

"(A) In general. - The Secretary may delegate the

responsibility of the Secretary under this subsection, with

continuing oversight by the Secretary, to an appropriate entity

not within the Department of Transportation.

"(B) Federal assistance. - If the Secretary delegates the

responsibility, the entity to which the responsibility is

delegated shall be eligible for Federal assistance under this

section.

"(h) Advisory Committees. -

"(1) In general. - In carrying out this subtitle, the Secretary

may use 1 or more advisory committees.

"(2) Applicability of federal advisory committee act. - Any

advisory committee so used shall be subject to the Federal

Advisory Committee Act (5 U.S.C. App.).

"(i) Procurement Methods. -

"(1) Technical assistance. - The Secretary shall develop

appropriate technical assistance and guidance to assist State and

local agencies in evaluating and selecting appropriate methods of

procurement for intelligent transportation system projects

carried out using funds made available from the Highway Trust

Fund, including innovative and nontraditional methods such as the

Information Technology Omnibus Procurement.

"(2) Intelligent transportation system software. - To the

maximum extent practicable, contracting officials shall use as a

critical evaluation criterion the Software Engineering

Institute's Capability Maturity Model, or another similar

recognized standard risk assessment methodology, to reduce the

cost, schedule, and performance risks associated with the

development, management, and integration of intelligent

transportation system software.

"(j) Evaluations. -

"(1) Guidelines and requirements. -

"(A) In general. - The Secretary shall issue guidelines and

requirements for the evaluation of operational tests and

deployment projects carried out under this subtitle.

"(B) Objectivity and independence. - The guidelines and

requirements issued under subparagraph (A) shall include

provisions to ensure the objectivity and independence of the

evaluator so as to avoid any real or apparent conflict of

interest or potential influence on the outcome by parties to

any such test or deployment project or by any other formal

evaluation carried out under this subtitle.

"(C) Funding. - The guidelines and requirements issued under

subparagraph (A) shall establish evaluation funding levels

based on the size and scope of each test or project that ensure

adequate evaluation of the results of the test or project.

"(2) Special rule. - Any survey, questionnaire, or interview

that the Secretary considers necessary to carry out the

evaluation of any test, deployment project, or program assessment

activity under this subtitle shall not be subject to chapter 35

of title 44.

"(k) Use of Rights-of-Way. - Intelligent transportation system

projects specified in section 5117(b)(3) and 5117(b)(6) [set out

above] and involving privately owned intelligent transportation

system components that is carried out using funds made available

from the Highway Trust Fund shall not be subject to any law or

regulation of a State or political subdivision of a State

prohibiting or regulating commercial activities in the

rights-of-way of a highway for which Federal-aid highway funds have

been utilized for planning, design, construction, or maintenance,

if the Secretary of Transportation determines that such use is in

the public interest. Nothing in this subsection shall affect the

authority of a State or political subdivision of a State to

regulate highway safety.

"SEC. 5205. NATIONAL ITS PROGRAM PLAN.

"(a) In General. -

"(1) Updates. - The Secretary shall maintain and update, as

necessary, the National ITS Program Plan developed by the

Department of Transportation and the Intelligent Transportation

Society of America.

"(2) Scope. - The National ITS Program Plan shall -

"(A) specify the goals, objectives, and milestones for the

research and deployment of intelligent transportation systems

in the context of major metropolitan areas, smaller

metropolitan and rural areas, and commercial vehicle

operations;

"(B) specify how specific programs and projects will achieve

the goals, objectives, and milestones referred to in

subparagraph (A), including consideration of the 5- and 10-year

timeframes for the goals and objectives;

"(C) identify activities that provide for the dynamic

development of standards and protocols to promote and ensure

interoperability in the implementation of intelligent

transportation system technologies, including actions taken to

establish critical standards; and

"(D) establish a cooperative process with State and local

governments for determining desired surface transportation

system performance levels and developing plans for

incorporation of specific intelligent transportation system

capabilities into surface transportation systems.

"(b) Reporting. - The plan described in subsection (a) shall be

transmitted and updated as part of the Surface Transportation

Research and Development Strategic Plan developed under section 508

of title 23, United States Code.

"SEC. 5206. 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 [Pub. L. 104-113] (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 technology as a component of

the surface transportation systems of the United States.

"(2) Interoperability and efficiency. - To the maximum extent

practicable, the national architecture shall promote

interoperability among, and efficiency of, intelligent

transportation system technologies implemented throughout the

United States.

"(3) Use of standards development organizations. - In carrying

out this section, the Secretary may use the services of such

standards development organizations as the Secretary determines

to be appropriate.

"(b) Report on Critical Standards. - Not later than June 1, 1999,

the Secretary shall submit a report to the Committee on Environment

and Public Works of the Senate and the Committee on Transportation

and Infrastructure and the Committee on Science of the House of

Representatives identifying which standards are critical to

ensuring national interoperability or critical to the development

of other standards and specifying the status of the development of

each standard identified.

"(c) Provisional Standards. -

"(1) In general. - If the Secretary finds that the development

or balloting of an intelligent transportation system standard

jeopardizes the timely achievement of the objectives identified

in subsection (a), the Secretary may establish a provisional

standard after consultation with affected parties, and using, to

the extent practicable, the work product of appropriate standards

development organizations.

"(2) Critical standards. - If a standard identified as critical

in the report under subsection (b) is not adopted and published

by the appropriate standards development organization by January

1, 2001, the Secretary shall establish a provisional standard

after consultation with affected parties, and using, to the

extent practicable, the work product of appropriate standards

development organizations.

"(3) Period of effectiveness. - A provisional standard

established under paragraph (1) or (2) shall be published in the

Federal Register and remain in effect until the appropriate

standards development organization adopts and publishes a

standard.

"(d) Waiver of Requirement To Establish Provisional Standard. -

"(1) In general. - The Secretary may waive the requirement

under subsection (c)(2) to establish a provisional standard if

the Secretary determines that additional time would be productive

or that establishment of a provisional standard would be

counterproductive to achieving the timely achievement of the

objectives identified in subsection (a).

"(2) Notice. - The Secretary shall publish in the Federal

Register a notice describing each standard for which a waiver of

the provisional standard requirement has been granted, the

reasons for and effects of granting the waiver, and an estimate

as to when the standard is expected to be adopted through a

process consistent with section 12(d) of the National Technology

Transfer and Advancement Act of 1995 [Pub. L. 104-113] (15 U.S.C.

272 note; 110 Stat. 783).

"(3) Withdrawal of waiver. - At any time the Secretary may

withdraw a waiver granted under paragraph (1). Upon such

withdrawal, the Secretary shall publish in the Federal Register a

notice describing each standard for which a waiver has been

withdrawn and the reasons for withdrawing the waiver.

"(e) Conformity With National Architecture. -

"(1) In general. - Except as provided in paragraphs (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 research

objectives outlined in the National ITS Program Plan under

section 5205 or the Surface Transportation Research and

Development Strategic Plan developed under section 508 of title

23, United States Code; or

"(B) the upgrade or expansion of an intelligent

transportation system in existence on the date of enactment of

this subtitle [June 9, 1998], if the Secretary determines that

the upgrade or expansion -

"(i) would not adversely affect the goals or purposes of

this subtitle;

"(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 conformity 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 subtitle.

"(f) Spectrum. - The Federal Communications Commission shall

consider, in consultation with the Secretary, spectrum needs for

the operation of intelligent transportation systems, including

spectrum for the dedicated short-range vehicle-to-wayside wireless

standard. Not later than January 1, 2000, the Federal

Communications Commission shall have completed a rulemaking

considering the allocation of spectrum for intelligent

transportation systems.

"SEC. 5207. RESEARCH AND DEVELOPMENT.

"(a) In General. - The Secretary shall carry out a comprehensive

program of intelligent transportation system research, development

and operational tests of intelligent vehicles and intelligent

infrastructure systems, and other similar activities that are

necessary to carry out this subtitle.

"(b) Priority Areas. - Under the program, the Secretary shall

give higher priority to funding projects that -

"(1) address traffic management, incident management, transit

management, toll collection, traveler information, or highway

operations systems;

"(2) focus on crash-avoidance and integration of in-vehicle

crash protection technologies with other on-board safety systems,

including the interaction of air bags and safety belts;

"(3) incorporate human factors research, including the science

of the driving process;

"(4) facilitate the integration of intelligent infrastructure,

vehicle, and control technologies, including magnetic guidance

control systems or other materials or magnetics research; or

"(5) incorporate research on the impact of environmental,

weather, and natural conditions on intelligent transportation

systems, including the effects of cold climates.

"(c) Operational Tests. - Operational tests conducted under this

section shall be designed for the collection of data to permit

objective evaluation of the results of the tests, derivation of

cost-benefit information that is useful to others contemplating

deployment of similar systems, and development and implementation

of standards.

"(d) Federal Share. - The Federal share of the cost of

operational tests and demonstrations under subsection (a) shall not

exceed 80 percent.

"SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.

"(a) In General. - The Secretary shall conduct a comprehensive

program to accelerate the integration and interoperability of

intelligent transportation systems in metropolitan and rural areas.

Under the program, the Secretary shall select for funding, through

competitive solicitation, projects that will serve as models to

improve transportation efficiency, promote safety (including safe

freight movement), increase traffic flow (including the flow of

intermodal travel at ports of entry), reduce emissions of air

pollutants, improve traveler information, enhance alternative

transportation modes, build on existing intelligent transportation

system projects, or promote tourism.

"(b) Selection of Projects. - Under the program, the Secretary

shall give priority to funding projects that -

"(1) contribute to national deployment goals and objectives

outlined in the National ITS Program Plan under section 5205;

"(2) demonstrate a strong commitment to cooperation among

agencies, jurisdictions, and the private sector, as evidenced by

signed memoranda of understanding that clearly define the

responsibilities and relations of all parties to a partnership

arrangement, including institutional relationships and financial

agreements needed to support deployment;

"(3) encourage private sector involvement and financial

commitment, to the maximum extent practicable, through innovative

financial arrangements, especially public-private partnerships,

including arrangements that generate revenue to offset public

investment costs;

"(4) demonstrate commitment to a comprehensive plan of fully

integrated intelligent transportation system deployment in

accordance with the national architecture and standards and

protocols established under section 5206;

"(5) are part of approved plans and programs developed under

applicable statewide and metropolitan transportation planning

processes and applicable State air quality implementation plans,

as appropriate, at the time at which Federal funds are sought;

"(6) minimize the relative percentage and amount of Federal

contributions under this section to total project costs;

"(7) ensure continued, long-term operations and maintenance

without continued reliance on Federal funding under this

subtitle, as evidenced by documented evidence of fiscal capacity

and commitment from anticipated public and private sources;

"(8) demonstrate technical capacity for effective operations

and maintenance or commitment to acquiring necessary skills;

"(9) mitigate any adverse impacts on bicycle and pedestrian

transportation and safety; or

"(10) in the case of a rural area, meet other safety, mobility,

geographic and regional diversity, or economic development

criteria as determined by the Secretary.

"(c) Fiscal Year Limitations. - Of the amounts made available to

carry out this section for a fiscal year -

"(1) not more that $15,000,000 may be used for projects in a

single metropolitan area;

"(2) not more than $2,000,000 may be used for projects in a

single rural area; and

"(3) not more than $35,000,000 may be used for projects in a

State.

"(d) Funding Limitations. -

"(1) Projects in metropolitan areas. - Funding under this

section for intelligent transportation infrastructure projects in

metropolitan areas shall be used primarily for activities

necessary to integrate intelligent transportation infrastructure

elements that are either deployed or to be deployed with other

sources of funds.

"(2) Other projects. - For projects outside metropolitan areas,

funding provided under this subtitle may also be used for

installation of intelligent transportation infrastructure

elements.

"(e) Funding for Rural Areas. - The Secretary shall allocate not

less than 10 percent of funds authorized by section 5001(c)(4)(A)

[112 Stat. 421] in rural areas for intelligent transportation

infrastructure deployment activities funded under this section to

carry out intelligent transportation infrastructure deployment

activities in rural areas.

"(f) Federal Share. -

"(1) Funds made available under this section. - The Federal

share of the cost of a project payable from funds made available

under this section shall not exceed 50 percent.

"(2) Funds made available from all federal sources. - The total

Federal share of the cost of a project payable from all eligible

sources (including this section) shall not exceed 80 percent.

"(g) Corridor Development and Coordination. -

"(1) In general. - The Secretary shall encourage multistate

cooperative agreements, coalitions, or other arrangements

intended to promote regional cooperation, planning, and shared

project implementation for intelligent transportation system

projects.

"(2) Great lakes its implementation. -

"(A) In general. - The Secretary shall make grants under this

subsection to the State of Wisconsin to continue ITS activities

in the corridor serving the Greater Milwaukee, Wisconsin,

Chicago, Illinois, and Gary, Indiana, areas initiated under the

Intermodal Surface Transportation Efficiency Act of 1991 [Pub.

L. 102-240, see Tables for classification] and other areas of

the State.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 under section 5001(c)(4)(A) of

this Act, $2,000,000 per fiscal year shall be available to

carry out this paragraph.

"(3) Northeast its implementation. -

"(A) In general. - The Secretary shall make grants under this

subsection to the States to continue ITS activities in the

Interstate Route I-95 corridor in the northeastern United

States initiated under the Intermodal Surface Transportation

Efficiency Act of 1991.

"(B) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 under section 5001(c)(4)(A) of

this Act, $5,000,000 per fiscal year shall be available to

carry out this paragraph.

"SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM

INFRASTRUCTURE DEPLOYMENT.

"(a) In General. - The Secretary shall carry out a comprehensive

program to deploy intelligent transportation systems that -

"(1) improve the safety and productivity of commercial vehicles

and drivers; and

"(2) reduce costs associated with commercial vehicle operations

and Federal and State commercial vehicle regulatory requirements.

"(b) Purpose. - The program shall advance the technological

capability and promote the deployment of intelligent transportation

system applications to commercial vehicle operations, including

commercial vehicle, commercial driver, and carrier-specific

information systems and networks.

"(c) Priority Areas. - In carrying out the program, the Secretary

shall give priority to projects that -

"(1) encourage multistate cooperation and corridor development;

"(2)(A) improve the safety of commercial vehicle operations;

and

"(B) increase the efficiency of regulatory inspection processes

to reduce administrative burdens by advancing technology to

facilitate inspections and generally increase the effectiveness

of enforcement efforts;

"(3)(A) advance electronic processing of registration

information, driver licensing information, fuel tax information,

inspection and crash data, and other safety information; and

"(B) promote communication of the information among the States;

or

"(4) enhance the safe passage of commercial vehicles across the

United States and across international borders.

"(d) Leveraging of Federal Funds. - Federal funds used to carry

out the program shall, to the maximum extent practicable -

"(1) be leveraged with non-Federal funds; and

"(2) be used for activities not carried out through the use of

private funds.

"(e) Federal Share. - The Federal share of the cost of the

project payable from funds made available to carry out this section

shall not exceed 50 percent. The total Federal share of the cost of

the project payable from all eligible sources shall not exceed 80

percent.

"SEC. 5210. USE OF FUNDS.

"(a) Outreach and Public Relations Limitation. -

"(1) In general. - For each fiscal year, not more than

$5,000,000 of the funds made available to carry out this subtitle

shall be used for intelligent transportation system outreach,

public relations, displays, scholarships, tours, and brochures.

"(2) Applicability. - Paragraph (1) shall not apply to

intelligent transportation system training or the publication or

distribution of research findings, technical guidance, or similar

documents.

"(b) Infrastructure Development. - Funds made available to carry

out this subtitle for operational tests and deployment projects -

"(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 implementation of an intelligent transportation system

project.

"(c) Life Cycle Cost Analysis and Financing and Operations Plan.

- The Secretary shall require an applicant for funds made available

under sections 5208 and 5209 to submit to the Secretary -

"(1) an analysis of the life-cycle costs of operation and

maintenance of intelligent transportation system elements, if the

total initial capital costs of the elements exceed $3,000,000;

and

"(2) a multiyear financing and operations plan that describes

how the project will be cost-effectively operated and maintained.

"(d) Use of Innovative Financing. -

"(1) In general. - The Secretary may use up to 25 percent of

the funds made available to carry out this subtitle to make

available loans, lines of credit, and loan guarantees for

projects that are eligible for assistance under this subtitle and

that have significant intelligent transportation system elements.

"(2) Consistency with other law. - Credit assistance described

in paragraph (1) shall be made available in a manner consistent

with the Transportation Infrastructure Finance and Innovation Act

of 1998 [see section 1501 of Pub. L. 105-178, set out as a Short

Title of 1998 Amendments note under section 101 of this title].

"SEC. 5211. DEFINITIONS.

"In this subtitle, the following definitions apply:

"(1) Commercial vehicle information systems and networks. - The

term 'Commercial Vehicle Information Systems and Networks' means

the information systems and communications networks that support

commercial vehicle operations.

"(2) Commercial vehicle operations. - The term 'commercial

vehicle operations' -

"(A) means motor carrier operations and motor vehicle

regulatory activities associated with the commercial movement

of goods, including hazardous materials, and passengers; and

"(B) with respect to the public sector, includes the issuance

of operating credentials, the administration of motor vehicle

and fuel taxes, and roadside safety and border crossing

inspection and regulatory compliance operations.

"(3) Corridor. - The term 'corridor' means any major

transportation route that includes parallel limited access

highways, major arterials, or transit lines.

"(4) Intelligent transportation infrastructure. - The term

'intelligent transportation infrastructure' means fully

integrated public sector intelligent transportation system

components, as defined by the Secretary.

"(5) Intelligent transportation system. - The term 'intelligent

transportation system' means electronics, communications, or

information processing used singly or in combination to improve

the efficiency or safety of a surface transportation system.

"(6) National architecture. - The term 'national architecture'

means the common framework for interoperability adopted by the

Secretary that defines -

"(A) the functions associated with intelligent 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 associated with the

information flows.

"(7) Standard. - The term 'standard' means a document that -

"(A) contains technical specifications or other precise

criteria for intelligent transportation systems that are to be

used consistently as rules, guidelines, or definitions of

characteristics so as to ensure that materials, products,

processes, and services are fit for their purposes; and

"(B) may support the national architecture and promote -

"(i) the widespread use and adoption of intelligent

transportation system technology as a component of the

surface transportation systems of the United States; and

"(ii) interoperability among intelligent transportation

system technologies implemented throughout the States.

"(8) State. - The term 'State' has the meaning given the term

under section 101 of title 23, United States Code.

"SEC. 5212. PROJECT FUNDING.

"(a) Use of Hazardous Materials Monitoring Systems. -

"(1) In general. - The Secretary shall conduct research on

improved methods of deploying and integrating existing ITS

projects to include hazardous materials monitoring systems across

various modes of transportation.

"(2) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(6) of this Act

[112 Stat. 420], $1,500,000 per fiscal year shall be available to

carry out this paragraph.

"(b) Outreach and Technology Transfer Activities. -

"(1) In general. - The Secretary shall continue to support the

Urban Consortium's ITS outreach and technology transfer

activities.

"(2) Funding. - Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(5) of this Act

[112 Stat. 420], $500,000 per fiscal year shall be available to

carry out this paragraph.

"(c) Translink. -

"(1) In general. - The Secretary shall make grants to the Texas

Transportation Institute to continue the Translink Research

program.

"(2) Funding. - Of the amounts allocated for each of fiscal

years 1999 through 2001 by section 5001(a)(6) of this Act,

$1,300,000 per fiscal year shall be available to carry out this

paragraph.

"SEC. 5213. REPEAL.

"The Intermodal Surface Transportation Efficiency Act of 1991

[Pub. L. 102-240] is amended by striking part B [Secs. 6051-6059]

of title VI (23 U.S.C. 307 note; 105 Stat. 2189)."

RESEARCH ADVISORY COMMITTEE

Pub. L. 102-240, title VI, Sec. 6011, Dec. 18, 1991, 105 Stat.

2179, provided that:

"(a) Establishment. - Not later than 180 days after the date of

transmittal of the report to Congress under section 6010 [of Pub.

L. 102-240, formerly set out as a note under section 307 of this

title], the Secretary shall establish an independent surface

transportation research advisory committee (hereinafter in this

section referred to as the 'advisory committee').

"(b) Purposes. - The advisory committee shall provide ongoing

advice and recommendations to the Secretary regarding needs,

objectives, plans, approaches, content, and accomplishments with

respect to short-term and long-term surface transportation research

and development. The advisory committee shall also assist in

ensuring that such research and development is coordinated with

similar research and development being conducted outside of the

Department of Transportation.

"(c) Membership. - The advisory committee shall be composed of

not less than 20 and not more than 30 members appointed by the

Secretary from among individuals who are not employees of the

Department of Transportation and who are specially qualified to

serve on the advisory committee by virtue of their education,

training, or experience. A majority of the members of the advisory

committee shall be individuals with experience in conducting

surface transportation research and development. The Secretary in

appointing the members of the advisory committee shall ensure that

representatives of Federal, State, and local governments, other

public agencies, colleges and universities, public, private, and

nonprofit research organizations, and organizations representing

transportation providers, shippers, labor, and the financial

community are represented on an equitable basis.

"(d) Chairman. - The chairman of the advisory committee shall be

designated by the Secretary.

"(e) Pay and Expenses. - Members of the advisory committee shall

serve without pay, except that the Secretary may allow any member,

while engaged in the business of the advisory committee or a

subordinate committee, travel expenses, including per diem in lieu

of subsistence, in accordance with sections 5702 and 5703 of title

5, United States Code.

"(f) Subordinate Committees. - The Secretary shall establish a

subordinate committee to the advisory committee to provide advice

on advanced highway vehicle technology research and development,

and may establish other subordinate committees to provide advice on

specific areas of surface transportation research and development.

Such subordinate committees shall be subject to subsections (e),

(g), and (i) of this section.

"(g) Assistance of Secretary. - Upon request of the advisory

committee, the Secretary shall provide such information,

administrative services, support staff, and supplies as the

Secretary determines to be necessary for the advisory committee to

carry out its functions.

"(h) Reports. - The advisory committee shall, within 1 year after

the date of establishment of the advisory committee, and annually

thereafter, submit to the Congress a report summarizing its

activities under this section.

"(i) Termination. - Section 14 of the Federal Advisory Committee

Act [5 App. U.S.C.] shall not apply to the advisory committee

established under this section."

FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED ASPHALTS

Pub. L. 102-240, title VI, Sec. 6016, Dec. 18, 1991, 105 Stat.

2182, provided that:

"(a) Studies. - The Administrator of the Federal Highway

Administration (hereinafter in this section referred to as the

'Administrator') shall conduct studies of the fundamental chemical

property and physical property of petroleum asphalts and modified

asphalts used in highway construction in the United States. Such

studies shall emphasize predicting pavement performance from the

fundamental and rapidly measurable properties of asphalts and

modified asphalts.

"(b) Contracts. - To carry out the studies under subsection (a),

the Administrator shall enter into contracts with the Western

Research Institute of the University of Wyoming in order to conduct

the necessary technical and analytical research in coordination

with existing programs which evaluate actual performance of

asphalts and modified asphalts in roadways, including the Strategic

Highway Research Program.

"(c) Activities of Studies. - The studies under subsection (a)

shall include the following activities:

"(1) Fundamental composition studies.

"(2) Fundamental physical and rheological property studies.

"(3) Asphalt-aggregate interaction studies.

"(4) Coordination of composition studies, physical and

rheological property studies, and asphalt-aggregate interaction

studies for the purposes of predicting pavement performance,

including refinements of Strategic Highway Research Program

specifications.

"(d) Test Strip. -

"(1) Implementation. - The Administrator, in coordination with

the Western Research Institute of the University of Wyoming,

shall implement a test strip for the purpose of demonstrating and

evaluating the unique energy and environmental advantages of

using shale oil modified asphalts under extreme climatic

conditions.

"(2) Funding. - For the purposes of construction activities

related to this test strip, the Secretary and the Director of the

National Park Service shall make up to $1,000,000 available from

amounts made available from the authorization for parkroads and

parkways.

"(3) Report to congress. - Not later than November 30, 1995,

the Administrator shall transmit to Congress as part of a report

under subsection (e) the Administrator's findings on activities

conducted under this subsection, including an evaluation of the

test strip implemented under this subsection and recommendations

for legislation to establish a national program to support United

States transportation and energy security requirements.

"(e) Annual Report to Congress. - Not later than 180 days after

the date of the enactment of this Act [Dec. 18, 1991], and on or

before November 30th of each year beginning thereafter, the

Administrator shall transmit to Congress a report of the progress

made in implementing this section.

"(f) Authorization of Appropriations. - The Secretary shall

expend from administrative and research funds deducted under

section 104(a) of this title at least $3,000,000 for each of fiscal

years 1992, 1993, 1994, 1995, and 1996 to carry out subsection

(b)."

[For termination, effective May 15, 2000, of annual reporting

provisions in section 6016(e) of Pub. L. 102-240, set out above,

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance, and page 139 of

House Document No. 103-7.]

STUDY OF FACTORS AFFECTING SAFE AND EFFICIENT OPERATION OF BRIDGES,

TUNNELS AND ROADS WITHIN UNITED STATES

Pub. L. 95-599, title I, Sec. 166, Nov. 6, 1978, 92 Stat. 2722,

provided that: "The Secretary of Transportation shall make a full

and complete investigation and study of all those factors affecting

the safe and efficient operation of bridges, tunnels, and roads

within the United States, including, but not limited to,

structural, operational, environmental, and civil disturbance

factors."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 151 of this title.

-End-

-CITE-

23 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 503. Technology deployment

-STATUTE-

(a) Technology Deployment Initiatives and Partnerships Program. -

(1) Establishment. - The Secretary shall develop and administer

a national technology deployment initiatives and partnerships

program.

(2) Purpose. - The purpose of the program shall be to

significantly accelerate the adoption of innovative technologies

by the surface transportation community.

(3) Deployment goals. -

(A) Establishment. - Not later than 180 days after the date

of enactment of this section, the Secretary shall establish not

more than 5 deployment goals to carry out paragraph (1).

(B) Design. - Each of the goals and the program developed to

achieve the goals shall be designed to provide tangible

benefits, with respect to transportation systems, in the areas

of efficiency, safety, reliability, service life, environmental

protection, and sustainability.

(C) Strategies for achievement. - For each goal, the

Secretary, in cooperation with representatives of the

transportation community such as States, local governments, the

private sector, and academia, shall use domestic and

international technology to develop strategies and initiatives

to achieve the goal, including technical assistance in

deploying technology and mechanisms for sharing information

among program participants.

(4) Integration with other programs. - The Secretary shall

integrate activities carried out under this subsection with the

efforts of the Secretary to disseminate the results of research

sponsored by the Secretary and to facilitate technology transfer.

(5) Leveraging of federal resources. - In selecting projects to

be carried out under this subsection, the Secretary shall give

preference to projects that leverage Federal funds with other

significant public or private resources.

(6) Continuation of shrp partnerships. - Under the program, the

Secretary shall continue the partnerships established through the

strategic highway research program established under section

307(d) (as in effect on the day before the date of enactment of

this section).

(7) Grants, cooperative agreements, and contracts. - Under the

program, the Secretary may make grants and enter into cooperative

agreements and contracts to foster alliances and support efforts

to stimulate advances in transportation technology, including -

(A) the testing and evaluation of products of the strategic

highway research program;

(B) the further development and implementation of technology

in areas such as the Superpave system and the use of lithium

salts and other alternatives to prevent and mitigate alkali

silica reactivity;

(C) the provision of support for long-term pavement

performance product implementation and technology access; and

(D) other activities to achieve the goals established under

paragraph (3).

(8) Reports. - Not later than 18 months after the date of

enactment of this section, and biennially thereafter, the

Secretary shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives a report on the

progress and results of activities carried out under this

section.

(9) Allocation. - To the extent appropriate to achieve the

goals established under paragraph (3), the Secretary may further

allocate funds made available to carry out this section to States

for their use.

(b) Innovative Bridge Research and Construction Program. -

(1) In general. - The Secretary shall establish and carry out a

program to demonstrate the application of innovative material

technology in the construction of bridges and other structures.

(2) Goals. - The goals of the program shall include -

(A) the development of new, cost-effective innovative

material highway bridge applications;

(B) the reduction of maintenance costs and life-cycle costs

of bridges, including the costs of new construction,

replacement, or rehabilitation of deficient bridges;

(C) the development of construction techniques to increase

safety and reduce construction time and traffic congestion;

(D) the development of engineering design criteria for

innovative products and materials for use in highway bridges

and structures;

(E) the development of cost-effective and innovative

techniques to separate vehicle and pedestrian traffic from

railroad traffic;

(F) the development of highway bridges and structures that

will withstand natural disasters, including alternative

processes for the seismic retrofit of bridges; and

(G) the development of new nondestructive bridge evaluation

technologies and techniques.

(3) Grants, cooperative agreements, and contracts. -

(A) In general. - Under the program, the Secretary shall make

grants to, and enter into cooperative agreements and contracts

with -

(i) States, other Federal agencies, universities and

colleges, private sector entities, and nonprofit

organizations to pay the Federal share of the cost of

research, development, and technology transfer concerning

innovative materials; and

(ii) States to pay the Federal share of the cost of repair,

rehabilitation, replacement, and new construction of bridges

or structures that demonstrate the application of innovative

materials.

(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 Secretary may require.

The Secretary shall select and approve the applications based

on whether the project that is the subject of the grant meets

the goals of the program described in paragraph (2).

(4) Technology and information transfer. - The Secretary shall

take such action as is necessary to ensure that the information

and technology 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.

(5) Federal share. - The Federal share of the cost of a project

under this section shall be determined by the Secretary.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5103, June 9, 1998, 112 Stat.

427.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(a)(3)(A), (6), (8), is the date of enactment of Pub. L. 105-178,

which was approved June 9, 1998.

-MISC1-

PRIOR PROVISIONS

A prior section 503, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 831, related to administration of highway relocation

assistance program, prior to repeal by Pub. L. 91-646, title II,

Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 5505.

-End-

-CITE-

23 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 504. Training and education

-STATUTE-

(a) National Highway Institute. -

(1) In general. - The Secretary shall operate in the Federal

Highway Administration a National Highway Institute (in this

subsection referred to as the "Institute"). The Secretary shall

administer, through the Institute, the authority vested in the

Secretary by this title or by any other law for the development

and conduct of education and training programs relating to

highways.

(2) Duties of the institute. - In cooperation with State

transportation departments, United States industry, and any

national or international entity, the Institute shall develop and

administer education and training programs of instruction for -

(A) Federal Highway Administration, State, and local

transportation agency employees;

(B) regional, State, and metropolitan planning organizations;

(C) State and local police, public safety, and motor vehicle

employees; and

(D) United States citizens and foreign nationals engaged or

to be engaged in surface transportation work of interest to the

United States.

(3) Courses. - The Institute may develop and administer courses

in modern developments, techniques, methods, regulations,

management, and procedures relating to surface transportation,

environmental mitigation and compliance, acquisition of

rights-of-way, relocation assistance, engineering, safety,

construction, maintenance and operations, contract

administration, motor carrier safety activities, inspection, and

highway finance.

(4) Set-aside; federal share. - Not to exceed 1/2 of 1

percent of the funds apportioned to a State under section

104(b)(3) for the surface transportation program shall be

available for expenditure by the State transportation department

for the payment of not to exceed 80 percent of the cost of

tuition and direct educational expenses (excluding salaries) in

connection with the education and training of employees of State

and local transportation agencies in accordance with this

subsection.

(5) Federal responsibility. -

(A) In general. - Except as provided in subparagraph (B),

education and training of employees of Federal, State, and

local transportation (including highway) agencies authorized

under this subsection may be provided -

(i) by the Secretary at no cost to the States and local

governments if the Secretary determines that provision at no

cost is in the public interest; or

(ii) by the State through grants, cooperative agreements,

and contracts with public and private agencies, institutions,

individuals, and the Institute.

(B) Payment of full cost by private persons. - Private

agencies, international or foreign entities, and individuals

shall pay the full cost of any education and training received

by them unless the Secretary determines that a lower cost is of

critical importance to the public interest.

(6) Training fellowships; cooperation. - The Institute may -

(A) engage in training activities authorized under this

subsection, including the granting of training fellowships; and

(B) carry out its authority independently or in cooperation

with any other branch of the Federal Government or any State

agency, authority, association, institution, for-profit or

nonprofit corporation, other national or international entity,

or other person.

(7) Collection of fees. -

(A) General rule. - In accordance with this subsection, the

Institute may assess and collect fees solely to defray the

costs of the Institute in developing or administering education

and training programs under this subsection.

(B) Limitation. - Fees may be assessed and collected under

this subsection only in a manner that may reasonably be

expected to result in the collection of fees during any fiscal

year in an aggregate amount that does not exceed the aggregate

amount of the costs referred to in subparagraph (A) for the

fiscal year.

(C) Persons subject to fees. - Fees may be assessed and

collected under this subsection only with respect to -

(i) persons and entities for whom education or training

programs are developed or administered under this subsection;

and

(ii) persons and entities to whom education or training is

provided under this subsection.

(D) Amount of fees. - The fees assessed and collected under

this subsection shall be established in a manner that ensures

that the liability of any person or entity for a fee is

reasonably based on the proportion of the costs referred to in

subparagraph (A) that relate to the person or entity.

(E) Use. - All fees collected under this subsection shall be

used to defray costs associated with the development or

administration of education and training programs authorized

under this subsection.

(8) Relation to fees. - The funds made available to carry out

this subsection may be combined with or held separate from the

fees collected under paragraph (7).

(b) Local Technical Assistance Program. -

(1) Authority. - The Secretary shall carry out a local

technical assistance program that will provide access to surface

transportation technology to -

(A) highway and transportation agencies in urbanized areas

with populations of between 50,000 and 1,000,000 individuals;

(B) highway and transportation agencies in rural areas; and

(C) contractors that do work for the agencies.

(2) Grants, cooperative agreements, and contracts. - The

Secretary may make grants and enter into cooperative agreements

and contracts to provide education and training, technical

assistance, and related support services to -

(A) assist rural, local transportation agencies and tribal

governments, and the consultants and construction personnel

working for the agencies and governments, to -

(i) develop and expand their expertise in road and

transportation areas (including pavement, bridge, concrete

structures, safety management systems, and traffic safety

countermeasures);

(ii) improve roads and bridges;

(iii) enhance -

(I) programs for the movement of passengers and freight;

and

(II) intergovernmental transportation planning and

project selection; and

(iv) deal effectively with special transportation-related

problems by preparing and providing training packages,

manuals, guidelines, and technical resource materials;

(B) develop technical assistance for tourism and recreational

travel;

(C) identify, package, and deliver transportation technology

and traffic safety information to local jurisdictions to assist

urban transportation agencies in developing and expanding their

ability to deal effectively with transportation-related

problems;

(D) operate, in cooperation with State transportation

departments and universities -

(i) local technical assistance program centers designated

to provide transportation technology transfer services to

rural areas and to urbanized areas with populations of

between 50,000 and 1,000,000 individuals; and

(ii) local technical assistance program centers designated

to provide transportation technical assistance to Indian

tribal governments; and

(E) allow local transportation agencies and tribal

governments, in cooperation with the private sector, to enhance

new technology implementation.

(c) Research Fellowships. -

(1) General authority. - The Secretary, acting either

independently or in cooperation with other Federal departments,

agencies, and instrumentalities, may make grants for research

fellowships for any purpose for which research is authorized by

this chapter.

(2) Dwight david eisenhower transportation fellowship program.

- The Secretary shall establish and implement a transportation

research fellowship program for the purpose of attracting

qualified students to the field of transportation. The program

shall be known as the "Dwight David Eisenhower Transportation

Fellowship Program".

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5104, June 9, 1998, 112 Stat.

429.)

-MISC1-

PRIOR PROVISIONS

A prior section 504, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 831, related to Federal reimbursement for highway

relocation assistance, prior to repeal by Pub. L. 91-646, title II,

Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 204 of this title; title

49 section 5505.

-End-

-CITE-

23 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 505. State planning and research

-STATUTE-

(a) General Rule. - Two percent of the sums apportioned to a

State for fiscal year 1998 and each fiscal year thereafter under

section 104 (other than sections 104(f) and 104(h)) and under

section 144 shall be available for expenditure by the State, in

consultation with the Secretary, only for the following purposes:

(1) Engineering and economic surveys and investigations.

(2) The planning of future highway programs and local public

transportation systems and the planning of the financing of such

programs and systems, including metropolitan and statewide

planning under sections 134 and 135.

(3) Development and implementation of management systems under

section 303.

(4) Studies of the economy, safety, and convenience of surface

transportation systems and the desirable regulation and equitable

taxation of such systems.

(5) Research, development, and technology transfer activities

necessary in connection with the planning, design, construction,

management, and maintenance of highway, public transportation,

and intermodal transportation systems.

(6) Study, research, and training on the engineering standards

and construction materials for transportation systems described

in paragraph (5), including the evaluation and accreditation of

inspection and testing and the regulation and taxation of their

use.

(b) Minimum Expenditures on Research, Development, and Technology

Transfer Activities. -

(1) In general. - Subject to paragraph (2), not less than 25

percent of the funds subject to subsection (a) that are

apportioned to a State for a fiscal year shall be expended by the

State for research, development, and technology transfer

activities described in subsection (a), relating to highway,

public transportation, and intermodal transportation systems.

(2) Waivers. - The Secretary may waive the application of

paragraph (1) with respect to a State for a fiscal year if the

State certifies to the Secretary for the fiscal year that total

expenditures by the State for transportation planning under

sections 134 and 135 will exceed 75 percent of the funds

described in paragraph (1) and the Secretary accepts such

certification.

(3) Nonapplicability of assessment. - Funds expended under

paragraph (1) shall not be considered to be part of the

extramural budget of the agency for the purpose of section 9 of

the Small Business Act (15 U.S.C. 638).

(c) Federal Share. - The Federal share of the cost of a project

carried out using funds subject to subsection (a) shall be 80

percent unless the Secretary determines that the interests of the

Federal-aid highway program would be best served by decreasing or

eliminating the non-Federal share.

(d) Administration of Sums. - Funds subject to subsection (a)

shall be combined and administered by the Secretary as a single

fund and shall be available for obligation for the same period as

funds apportioned under section 104(b)(1).

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5105, June 9, 1998, 112 Stat.

432.)

-MISC1-

PRIOR PROVISIONS

A prior section 505, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 831, related to highway relocation assistance

payments, prior to repeal by Pub. L. 91-646, title II, Sec.

220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

ALASKA HIGHWAY STUDY

Pub. L. 87-866, Sec. 13, Oct. 23, 1962, 76 Stat. 1149, as amended

by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,

provided that:

"(a) The Secretary of Transportation, in cooperation with the

State of Alaska, is hereby authorized to make engineering studies

and estimates and planning surveys relative to a highway

construction program for the State of Alaska, and, in accordance

with treaties or other agreements to be negotiated with Canada by

the Secretary of State in consultation with the Secretary of

Transportation, engineering studies, estimates, and planning

surveys relative to connecting Alaskan roads with Canadian roads at

the International boundary.

"(b) On or before May 15, 1964, the Secretary of Transportation

shall submit a report to the Congress which shall include -

"(1) an analysis of the adequacy of the Federal-aid highway

program to provide for a satisfactory program in both the

populated and the undeveloped areas in Alaska;

"(2) specific recommendations as to the construction of roads

through undeveloped areas of Alaska and connection of such roads

with Canadian roads at the International boundary; and

"(3) a feasible program for implementing such specific

recommendations, including cost estimates, recommendations as to

the sharing of cost responsibilities, and other pertinent

matters.

"(c) From time to time, either before or after submission of the

report provided for in subsection (b) of this section, the

Secretary of Transportation may submit recommendations to the

Congress with respect to the construction of particular highways to

carry out the purposes of this section.

"(d) Nothing in this section shall be construed as creating any

obligation in the Congress, express or implied, to carry out the

recommendations referred to in subsections (b) and (c).

"(e) There is hereby authorized to be appropriated, out of any

money in the Treasury not otherwise appropriated, to be available

until expended, the sum of $800,000 for the purpose of making the

studies, surveys, and report authorized by subsections (a) and (b)

hereof."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 135, 506 of this

title; title 49 section 5505.

-End-

-CITE-

23 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 506. International highway transportation outreach program

-STATUTE-

(a) Establishment. - The Secretary may establish an international

highway transportation outreach program -

(1) to inform the United States highway community of

technological innovations in foreign countries that could

significantly improve highway transportation in the United

States;

(2) to promote United States highway transportation expertise,

goods, and services in foreign countries; and

(3) to increase transfers of United States highway

transportation technology to foreign countries.

(b) Activities. - Activities carried out under the program may

include -

(1) development, monitoring, assessment, and dissemination in

the United States of information about highway transportation

innovations in foreign countries that could significantly improve

highway transportation in the United States;

(2) research, development, demonstration, training, and other

forms of technology transfer and exchange;

(3) informing foreign countries about the technical quality of

United States highway transportation goods and services through

participation in trade shows, seminars, expositions, and other

such activities;

(4) offering technical services of the Federal Highway

Administration that cannot be readily obtained from United States

private sector firms to be incorporated into the proposals of

United States private sector firms undertaking highway

transportation projects outside the United States if the costs of

such services will be recovered under the terms of the project;

(5) conducting studies to assess the need for or feasibility of

highway transportation improvements in countries that are not

members of the Organization for Economic Cooperation and

Development, as of December 18, 1991, and in Greece and Turkey;

and

(6) gathering and disseminating information on foreign

transportation markets and industries.

(c) Cooperation. - The Secretary may carry out this section in

cooperation with any appropriate Federal agency, State or local

agency, authority, association, institution, corporation (profit or

nonprofit), foreign government, multinational institution, or other

organization or person.

(d) Funds. -

(1) Contributions. - Funds available to carry out this section

shall include funds deposited by any cooperating organization or

person into a special account of the Treasury established for

this purpose.

(2) Eligible uses of funds. - The funds deposited into the

account and other funds available to carry out this section shall

be available to cover the cost of any activity eligible under

this section, including the cost of promotional materials,

travel, reception and representation expenses, and salaries and

benefits.

(3) Reimbursements for salaries and benefits. - Reimbursements

for salaries and benefits of Department of Transportation

employees providing services under this section shall be credited

to the account.

(e) Eligible Use of State Planning and Research Funds. - A State,

in coordination with the Secretary, may obligate funds made

available to carry out section 505 for any activity authorized

under subsection (a).

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5106, June 9, 1998, 112 Stat.

433.)

-MISC1-

PRIOR PROVISIONS

A prior section 506, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 832; amended Pub. L. 91-605, title I, Sec. 137, Dec.

31, 1970, 84 Stat. 1735, related to replacement housing, prior to

repeal by Pub. L. 91-646, title II, Sec. 220(a)(10), Jan. 2, 1971,

84 Stat. 1903.

-End-

-CITE-

23 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 507. Surface transportation-environment cooperative research

program

-STATUTE-

(a) In General. - The Secretary shall establish and carry out a

surface transportation-environment cooperative research program.

(b) Contents. - The program to be carried out under this section

shall include research designed -

(1) to develop more accurate models for evaluating

transportation control measures and transportation system designs

that are appropriate for use by State and local governments,

including metropolitan planning organizations, in designing

implementation plans to meet Federal, State, and local

environmental requirements;

(2) to improve understanding of the factors that contribute to

the demand for transportation, including transportation system

design, demographic change, land use planning, and communications

and other information technologies;

(3) to develop indicators of economic, social, and

environmental performance of transportation systems to facilitate

analysis of potential alternatives;

(4) to study the relationship between highway density and

ecosystem integrity, including the impacts of highway density on

habitat integrity and overall ecosystem health, and develop a

rapid assessment methodology for use by transportation and

regulatory agencies in determining the relationship between

highway density and ecosystem integrity; and

(5) to meet additional priorities as determined by the advisory

board established under subsection (c), including recommendations

of the National Research Council in the report entitled

"Environmental Research Needs in Transportation".

(c) Advisory Board. -

(1) Establishment. - In consultation with the Secretary of

Energy, the Administrator of the Environmental Protection Agency,

and the heads of other appropriate Federal departments and

agencies, the Secretary shall establish an advisory board to

recommend environmental and energy conservation research,

technology, and technology transfer activities related to surface

transportation.

(2) Membership. - The advisory board shall include -

(A) representatives of State transportation and environmental

agencies;

(B) transportation and environmental scientists and

engineers; and

(C) representatives of metropolitan planning organizations,

transit operating agencies, and environmental organizations.

(d) National Academy of Sciences. - The Secretary may make grants

to, and enter into cooperative agreements with, the National

Academy of Sciences to carry out such activities relating to the

research, technology, and technology transfer activities described

in subsection (b) as the Secretary determines appropriate.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5107, June 9, 1998, 112 Stat.

434.)

-MISC1-

PRIOR PROVISIONS

A prior section 507, added Pub. L. 90-495, Sec. 30, Aug. 23,

1968, 82 Stat. 832, related to expenses incidental to transfer of

property, prior to repeal by Pub. L. 91-646, title II, Sec.

220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

23 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 5 - RESEARCH AND TECHNOLOGY

-HEAD-

Sec. 508. Surface transportation research strategic planning

-STATUTE-

(a) In General. - The Secretary shall -

(1) establish a strategic planning process, consistent with

section 306 of title 5 for the Department of Transportation to

determine national transportation research and technology

development priorities related to surface transportation;

(2) coordinate Federal surface transportation research and

technology development activities;

(3) measure the results of those activities and how they impact

the performance of the surface transportation systems of the

United States; and

(4) ensure that planning and reporting activities carried out

under this section are coordinated with all other surface

transportation planning and reporting requirements.

(b) Implementation. - The Secretary shall -

(1) provide for the integrated planning, coordination, and

consultation among the operating administrations of the

Department of Transportation, all other Federal agencies with

responsibility for surface transportation research and technology

development, State and local governments, institutions of higher

education, industry, and other private and public sector

organizations engaged in surface transportation-related research

and development activities;

(2) ensure that the surface transportation research and

technology development programs of the Department do not

duplicate other Federal, State, or private sector research and

development programs; and

(3) provide for independent validation of the scientific and

technical assumptions underlying the surface transportation

research and technology development programs of the Department.

(c) Surface Transportation Research and Technology Development

Strategic Plan. -

(1) Development. - The Secretary shall develop an integrated

surface transportation research and technology development

strategic plan.

(2) Contents. - The plan shall include -

(A) an identification of the general goals and objectives of

the Department of Transportation for surface transportation

research and development;

(B) a description of the roles of the Department and other

Federal agencies in achieving the goals identified under

subparagraph (A), in order to avoid unnecessary duplication of

effort;

(C) a description of the overall strategy of the Department,

and the role of each of the operating administrations of the

Department, in carrying out the plan over the next 5 years,

including a description of procedures for coordination of the

efforts of the Secretary with the efforts of the operating

administrations of the Department and other Federal agencies;

(D) an assessment of how State and local research and

technology development activities are contributing to the

achievement of the goals identified under subparagraph (A);

(E) details of the surface transportation research and

technology development programs of the Department, including

performance goals, resources needed to achieve those goals, and

performance indicators as described in section 1115(a) of title

31, United States Code, for the next 5 years for each area of

research and technology development;

(F) significant comments on the plan obtained from outside

sources; and

(G) responses to significant comments obtained from the

National Research Council and other advisory bodies, and a

description of any corrective actions taken pursuant to such

comments.

(3) National research council review. - The Secretary shall

enter into an agreement for the review by the National Research

Council of the details of each -

(A) strategic plan or revision required under section 306 of

title 5;

(B) performance plan required under section 1115 of title 31;

and

(C) program performance report required under section 1116,

with respect to surface transportation research and technology

development.

(4) Performance plans and reports. - In reports submitted under

sections 1115 and 1116 of title 31, the Secretary shall include -

(A) a summary of the results for the previous fiscal year of

surface transportation research and technology development

programs to which the Department of Transportation contributes,

along with -

(i) an analysis of the relationship between those results

and the goals identified under paragraph (2)(A); and

(ii) a description of the methodology used for assessing

the results; and

(B) a description of significant surface transportation

research and technology development initiatives, if any,

undertaken during the previous fiscal year that were not in the

plan developed under paragraph (1), and any significant changes

in the plan from the previous year's plan.

(d) Merit Review and Performance Measurement. - Not later than 1

year after the date of enactment of this section, the Secretary

shall transmit to Congress a report describing competitive merit

review procedures for use in selecting grantees and contractors in

the programs covered by the plan developed under subsection (c) and

performance measurement procedures for evaluating the programs.

(e) Procurement Procedures. - The Secretary shall -

(1) develop model procurement procedures that encourage the use

of advanced technologies; and

(2) develop model transactions for carrying out and

coordinating Federal and State surface transportation research

and technology development activities.

(f) Consistency With Government Performance and Results Act of

1993. - The plans and reports developed under this section shall be

consistent with and incorporated as part of the plans developed

under section 306 of title 5 and sections 1115 and 1116 of title

31.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5108, June 9, 1998, 112 Stat.

435.)

-REFTEXT-

REFERENCES IN TEXT

Section 1116, referred to in subsec. (c)(3)(C), probably is a

reference to section 1116 of Title 31, Money and Finance. No

section 1116 of this title has been enacted.

The date of enactment of this section, referred to in subsec.

(d), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

The Government Performance and Results Act of 1993, referred to

in subsec. (f), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted sections 1115 to 1119, 9703, and 9704 of Title 31,

Money and Finance, section 306 of Title 5, Government Organization

and Employees, and sections 2801 to 2805 of Title 39, Postal

Service, amended section 1105 of Title 31, and enacted provisions

set out as notes under sections 1101 and 1115 of Title 31. For

complete classification of this Act to the Code, see Short Title of

1993 Amendment note set out under section 1101 of Title 31 and

Tables.

-MISC1-

PRIOR PROVISIONS

Sections 508 to 512 of this title were repealed by Pub. L.

91-646, title II, Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

Section 508, added Pub. L. 90-495, Sec. 30, Aug. 23, 1968, 82

Stat. 833, related to highway relocation services.

Section 509, added Pub. L. 90-495, Sec. 30, Aug. 23, 1968, 82

Stat. 833, related to relocation assistance programs on Federal

highway projects.

Section 510, added Pub. L. 91-605, title I, Sec. 117(b), Dec. 31,

1970, 84 Stat. 1724, related to construction of replacement

housing.

Section 511, formerly 510, added Pub. L. 90-495, Sec. 30, Aug.

23, 1968, 82 Stat. 834; renumbered Sec. 511, Pub. L. 91-605, title

I, Sec. 117(a), Dec. 31, 1970, 84 Stat. 1724, related to authority

of Secretary.

Section 512, formerly 511, added Pub. L. 90-495, Sec. 30, Aug.

23, 1968, 82 Stat. 834; renumbered Sec. 512, Pub. L. 91-605, title

I, Sec. 117(a), Dec. 31, 1970, 84 Stat. 1724, related to

definitions for chapter.

SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT PLANNING

Pub. L. 102-240, title VI, Sec. 6009, Dec. 18, 1991, 105 Stat.

2175, as amended by Pub. L. 104-59, title III, Sec. 338(c)(1), Nov.

28, 1995, 109 Stat. 604, provided that:

"(a) Findings. - Congress finds that -

"(1) despite an annual expenditure in excess of $10,000,000,000

on surface transportation and its infrastructure, the Federal

Government has not developed a clear vision of -

"(A) how the surface transportation systems of the 21st

century will differ from the present;

"(B) how they will interface with each other and with other

forms of transportation;

"(C) how such systems will adjust to changing American

population patterns and lifestyles; and

"(D) the role of federally funded research and development in

ensuring that appropriate transportation systems are developed

and implemented;

"(2) the population of the United States is projected to

increase by over 30,000,000 people within the next 20 years,

mostly in existing major metropolitan areas, which will result in

increased traffic congestion within and between urban areas, more

accidents, loss of productive time, and increased cost of

transportation unless new technologies are developed to improve

public transportation within cities and to move people and goods

between cities;

"(3) 18,000,000 crashes, 4,000,000 injuries, and 45,000

fatalities each year on the Nation's highways are intolerable and

substantial research is required in order to develop safer

technologies in their most useful and economic forms;

"(4) current research and development funding for surface

transportation is insufficient to provide the United States with

the technologies essential to providing its own advanced

transportation systems in the future and, as a result, the United

States is becoming increasingly dependent on foreign surface

transportation technologies and equipment to meet its expanding

surface transportation needs;

"(5) a more active, focused surface transportation research and

development program involving cooperation among the Federal

Government, United States based industry, and United States

universities should be organized on a priority basis;

"(6) intelligent transportation systems represent the best

near-term technology for improving surface transportation for

public benefit by providing equipment which can improve traffic

flow and provide for enhanced safety;

"(7) research and development programs related to surface

transportation are fragmented and dispersed throughout government

and need to be strengthened and incorporated in an integrated

framework within which a consensus on the goals of a national

surface transportation research and development program must be

developed;

"(8) the inability of government agencies to cooperate

effectively, the difficulty of obtaining public support for new

systems and rights-of-way, and the high cost of capital financing

discourage private firms from investing in the development of new

transportation equipment and systems; therefore, the Federal

Government should sponsor and coordinate research and development

of new technologies to provide safer, more convenient, and

affordable transportation systems for use in the future; and

"(9) an effective high technology applied research and

development program should be implemented quickly by

strengthening the Department of Transportation research and

development staff and by contracting with private industry for

specific development projects.

"(b) Surface Transportation Research and Development Plan. -

"(1) Development. - The Secretary shall develop an integrated

national surface transportation research and development plan

(hereinafter in this subsection referred to as the 'plan').

"(2) Focus. - The plan shall focus on surface transportation

systems needed for urban, suburban, and rural areas in the next

decade.

"(3) Contents. - The plan shall include the following:

"(A) Details of the Department's surface transportation

research and development programs, including appropriate

funding levels and a schedule with milestones, preliminary cost

estimates, appropriate work scopes, personnel requirements, and

estimated costs and goals for the next 3 years for each area of

research and development.

"(B) A 10-year projection of long-term programs in surface

transportation research and development and recommendations for

the appropriate source or mechanism for surface transportation

research and development funding, taking into account

recommendations of the Research and Development Coordinating

Council of the Department of Transportation and the plan of the

National Council on Surface Transportation Research.

"(C) Recommendations on changes needed to assure that

Federal, State, and local contracting procedures encourage the

adoption of advanced technologies developed as a consequence of

the research programs in this Act [Pub. L. 102-240, see Tables

for classification].

"(4) Objectives. - The plan shall provide for the following:

"(A) The development, within the shortest period of time

possible, of a range of technologies needed to produce

convenient, safe, and affordable modes of surface

transportation to be available for public use beginning in the

mid-1990's.

"(B) Maintenance of a long-term advanced research and

development program to provide for next generation surface

transportation systems.

"(5) Cooperation with industry. - A primary component of the

plan shall be cooperation with industry in carrying out this part

[part A (Secs. 6001-6024) of title VI of Pub. L. 102-240,

enacting sections 325 and 326 of this title, sections 3711b and

3711c of Title 15, Commerce and Trade, section 111 of Title 49,

Transportation, and section 1625 of former Title 49,

Transportation, amending sections 204, 307, and 321 of this

title, section 5316 of Title 5, Government Organization and

Employees, sections 3708 and 3712 to 3715 of Title 15, sections

101 and 301 of Title 49, and sections 1607c and 1608 of former

Title 49, enacting provisions set out as notes under sections

101, 112, and 307 of this title and sections 111 and 301 of Title

49, and amending provisions set out as notes under section 1608

of former Title 49] and strengthening the manufacturing

capabilities of United States firms in order to produce products

for surface transportation systems.

"(6) Conformance with plan. - All surface transportation

research and development within the Department of Transportation

shall be included in the plan and shall be evaluated in

accordance with the plan.

"(7) Coordination. - In developing the plan and carrying out

this part, the Secretary shall consult with and, where

appropriate, use the expertise of other Federal agencies and

their laboratories.

"(8) Transmittal. - On or before January 15, 1993, and annually

thereafter, the Secretary shall transmit the plan to Congress,

together with the Secretary's comments and recommendations. The

Secretary shall review and update the plan before each

transmittal under this paragraph.

"(9) Recommendations for alternatives. - In the event a

different technology or alternative program can be identified

that would accomplish the same or better results than those

described in this part, the Secretary may make recommendations

for an alternative, and shall promptly report such alternative

recommendations to Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 502 of this title; title

49 section 5505.

-End-