TITLE 23--HIGHWAYS
CHAPTER 5--RESEARCH AND TECHNOLOGY
Sec. 502. Surface transportation research
(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.
(Added Pub. L. 105-178, title V, Sec. 5102, June 9, 1998, 112 Stat.
422.)
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.
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.
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.''
Section Referred to in Other Sections
This section is referred to in section 151 of this title.
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