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The Safe, Accountable, Flexible and Efficient
Transportation Equity Act of 2003

TITLE V -- TRANSPORTATION RESEARCH AND EDUCATION

Subtitle A -- Funding

SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. [Analysis]

(a) IN GENERAL.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT AND DEPLOYMENT PROGRAM.-To carry out sections 502, 503, 506 and 507 of title 23, United States Code, and section 5206 of this Act relating to research, development, technology transfer, technology deployment, and application activities, $199,000,000 for each of fiscal years 2004 through 2009.

(2) TRAINING AND EDUCATION.--For carrying out section 504 of title 23, United States Code, $26,000,000 for each of fiscal years 2004 through 2009.

(3) BUREAU OF TRANSPORTATION STATISTICS.-For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, the following:

(A) $31,568,000 for fiscal year 2004.

(B) $32,199,000 for fiscal year 2005.

(C) $32,869,000 for fiscal year 2006.

(D) $33,609,000 for fiscal year 2007.

(E) $34,439,000 for fiscal year 2008.

(F) $35,276,000 for fiscal year 2009.

(4) UNIVERSITY TRANSPORTATION RESEARCH.-For carrying out section 5505 of title 49, United States Code, $26,500,000 for each of fiscal years 2004 through 2009.

(5) INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH.--For carrying out the Intelligent Transportation Systems Act of 2003 under subtitle E of this title, $121,000,000 for each of fiscal years 2004 through 2009.

(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.-Section 502 of title 23, United States Code, is amended-

(1) by striking subsection (b)(3); and

(2) by redesignating subsections (b)(4) and (b)(5) as (b)(3) and (b)(4), respectively.

(c) APPLICABILITY OF TITLE 23, UNITED STATES CODE.-Funds authorized to be appropriated by subsection (a) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code except that the Federal share of the cost of a project or activity carried out using such funds shall be 100 percent unless otherwise determined by the Secretary or specified otherwise in this Act, and such funds shall remain available until expended.

Subtitle B--Research , Technology, and Education

SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. [Analysis]

(a) RESEARCH, TECHNOLOGY, AND EDUCATION.-Title 23, United States Code, is amended--

(1) in the table of chapters by striking:

"5. Research and Technology 501";

and substituting:

"5. Research, Technology, and Education 501"; and

(2) by striking the heading--

"CHAPTER 5-RESEARCH AND TECHNOLOGY"

and inserting

"CHAPTER 5 - RESEARCH, TECHNOLOGY, AND EDUCATION.".

(b) Statement of Principles Governing Research and technology Investments.--Section 502 of title 23, United States Code, is amended:

(1) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively; and

(2) by inserting a new subsection (a) at the beginning, to read as follows:

"(a) Basic Principles Governing Research and technology Investments.--

"(1) COVERAGE.--Surface transportation research and technology development (R&T) shall include all activities leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices and approaches, through such mechanisms as field applications, education and training, and technical support.

"(2) FEDERAL RESPONSIBILITY.--Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when--

"(A) the work is of national significance;

"(B) it supports research in which there is a clear public benefit and private sector investment is less than optimal due to market failure;

"(C) it supports a Federal stewardship role in assuring that state and local governments use national resources efficiently; or

"(D) it presents the best means to support Federal policy goals compared to other policy alternatives.

"(3) ROLE.--Consistent with these Federal responsibilities, the Secretary of Transportation shall--

"(A) conduct research;

"(B) support and facilitate research and technology transfer activities by state highway agencies;

"(C) share results of completed research; and

"(D) support and facilitate technology and innovation deployment.

"(4) PROGRAM CONTENT.--A surface transportation research program shall include--

"(A) fundamental, long-term highway research;

"(B) research aimed at significant highway research gaps, and emerging issues with national implications; and,

"(C) research related to policy and planning.

"(5) STAKEHOLDER INPUT.--Federally-sponsored surface transportation R&T activities shall address the needs of partners and stakeholders, and provide for stakeholder input in preparation of a strategic plan for surface transportation R&T.

"(6) COMPETITION.--To the greatest extent possible, investment decisions for surface transportation R&T activities shall be based on the well-established principles of competition and merit review.

"(7) PERFORMANCE REVIEW.--Surface transportation R&T activities shall include a component of performance measurement.".

(c) Transportation Pooled Fund Program - Section 502(b) of title 23, United States Code, as redesignated by this Act, is amended by inserting the following at the end:

"(6) POOLED FUNDING. --

"(A) To promote effective utilization of available resources, the Secretary may cooperate with the States and other appropriate agencies in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis; and

"(B) The Secretary may enter into contracts, cooperative agreements, grants, and other transactions as agent for all participating parties in carrying out such research, development, or technology transfer.".

(d) Operations Elements in Research Activities - Section 502 of title 23, United States Code, is amended--

(1) in subsection (b)(1), as redesignated by this Act, by striking subparagraphs (B) and (C) and inserting the following:
"motor carrier transportation;

(B) all phases of transportation planning and development (including construction, operationtransportation system management and operations, modernization, development, design, maintenance, safety, financing, and traffic conditions);

"(C) freight security processes and procedures; and

"(D) the effect of State laws on the activities described in subparagraphs (A) and (B).";

(2) in subsection (d)(5)(C), as redesignated by this Act, by inserting "system management and" after "transportation"; and

(3) in subsection (d), as redesignated by this Act, by inserting at the end:

"(12) Investigation and development of various operational methodologies to reduce the occurrence and impact of recurrent congestion and non-recurrent congestion, and increase transportation system reliability.

"(13) Investigate processes, procedures, and technologies to secure container and hazardous material transport, including the evaluation of regulations, liability, terrorist countermeasures, and the impact of good security practices on commerce and productivity.

"(14) Research, development, and technology transfer related to asset management"."

(e) Turner-Fairbank Highway Research Center.--Section 502 of title 23, United States Code, is amended by inserting at the end the following:

"(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.--

"(1) IN GENERAL.--The Secretary shall operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center.

"(2) USES OF THE CENTER.--The Turner-Fairbank Highway Research Center shall support the--

"(A) conduct of highway research and development related to new highway technology;

"(B) development of understandings, tools, and techniques that provide solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality controlled construction practices, and durable materials; and

"(C) development of innovative highway products and practices.".

(f) Exploratory Advanced Research Program.--Section 502 of title 23, United States Code, is amended by striking subsection (e), as redesignated by this Act, and inserting the following:

"(e) Exploratory Advanced Research.--

"(1) In general.--The Secretary shall establish an exploratory advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508, that involves and draws upon basic research results to provide a better understanding of problems and develop innovative solutions. The phrase "exploratory advanced research" conveys a more fundamental character, broader objective, multi-disciplinary nature, and greater uncertainty in expected outcomes than found in problem-solving research. 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 of surface transportation research and technology 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) Assessing the effects of transportation decisions on human health.

"(C) Development of surrogate measures of safety.

"(D) Environmental research.

"(E) Data acquisition techniques for system condition and performance monitoring.

"(F) System performance data and information processing needed to assess the day-to-day operational performance of the system in support of hour-to-hour operational decision-making.".

(g) Authority to Purchase Promotional Items.- Section 503 of title 23, United States Code, as amended by this Act, is further amended by inserting the following at the end:

"(e) Promotional Authority.--Funds authorized to be appropriated under this or any other Act for necessary expenses for administration and operation of the Federal Highway Administration shall be available to purchase promotional items of nominal value for use in the recruitment of individuals and to promote the programs of the Federal Highway Administration.".

(h) Facilitating Transportation Research and Technology Deployment Partnerships.--Section 502(c) of title 23, United States Code, as redesignated by this Act, is amended by striking paragraph (2) and inserting the following:

"(2) Cooperation, Grants, Contracts and Agreements. - Notwithstanding any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other transactions to fund, and accept funds from, the National Research Council/ Transportation Research Board, American Association of State Highway and Transportation Officials, State Departments of Transportation, cities, and counties, and their agents to conduct joint transportation research and technology efforts.".

(i) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.-

(1) SURFACE TRANSPORTATION RESEARCH.--Chapter 5 of title 23, United States Code is amended by adding after section 504 the following:
"§ 505. Surface transportation research

"(a) AUTHORITY.--The Secretary of Transportation shall complete the 20-year long-term pavement performance program tests initiated under the strategic highway research program established under section 307(d) (as in effect on the day before the date of enactment of this section) and continued by the Intermodal Surface Transportation Efficiency Act of 1991 and the Transportation Equity Act For The 21st Century.

"(b) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.--Under the program, the Secretary shall make grants and enter into cooperative agreements and contracts to--

"(1) monitor, material-test, and evaluate highway test sections in existence as of the date of the grant, agreement, or contract;

"(2) analyze the data obtained in carrying out subparagraph (A); and

"(3) prepare products to fulfill program objectives and meet future pavement technology needs.".

(2) CONFORMING AMENDMENT.-The analysis for chapter 5 of title 23 is amended by inserting after item 504 the following:
"505. Surface transportation research.".

(j) PROCUREMENT FOR RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.- Section 502(b) of title 23, United States Code, as redesignated by this Act, is amended by striking paragraph (3) and inserting the following:

"(3) COOPERATION, GRANTS, AND CONTRACTS.--The Secretary may carry out research, development, and technology transfer activities related to transportation--

"(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 following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, or any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person.".

(k) INFRASTRUCTURE INVESTMENT NEEDS REPORT.-

(1) TITLE 23 AMENDMENT.--Section 502(h)(1) of title 23, United States Code, as redesignated by this Act, is amended by striking "Not later than January 31, 1999, and January 31 of every second year thereafter," and inserting "Not later than July 31, 2004, and July 31 of every second year thereafter,".

(2) CONFORMING AMENDMENT TO TITLE 49, UNITED STATES CODE.--Section 308(e)(1) of title 49, United States Code, is amended by striking "in March 1998, and in March of each even-numbered year thereafter" and inserting "not later than July 31, 2004, and July 31 of every second year thereafter,".

SEC. 5202. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM. [Analysis]

(a) SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM.--Chapter 5 of title 23, United States Code, is amended by striking section 507 and inserting the following:
"§ 507. Surface transportation environment and planning cooperative research program

"(a) ESTABLISHMENT.--The Secretary shall establish and support a collaborative, public-private surface transportation environment and planning cooperative research program.

"(b) AGREEMENT.--The Secretary shall enter into an agreement with the National Academy of Sciences or other organization to support and carry out administrative and management activities relating to the governance of the surface transportation environment and planning cooperative research program.

"(c) ADVISORY BOARD.-The organization described in subsection (b) shall select an advisory board drawn from core partners that represent environment, transportation, and neutral interests, including the Department of Transportation, other Federal agencies, the States, local governments, nonprofit entities, academia, and the private sector.

"(d) GOVERNANCE.--The surface transportation environment and planning cooperative research program established under this section shall include the following administrative and management elements:

"(1) NATIONAL RESEARCH AGENDA.-The advisory board, in consultation with core partners and other stakeholders, shall develop and periodically update a national research agenda for the surface transportation environment and planning cooperative research program. The national research agenda shall include a multi-year strategic plan.

"(2) STAKEHOLDER INVOLVEMENT.-Stakeholders may:

"(A) submit research proposals;

"(B) participate in merit reviews of research proposals and peer reviews of research products; and

"(C) receive research results.

"(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.-The organization described in subsection (b) may award research contracts and grants through open competition and merit review conducted on a regular basis.

"(4) EVALUATION OF RESEARCH.-

"(A) PEER REVIEW.--Research contracts and grants may allow peer review of the research results.

"(B) PROGRAMMATIC EVALUATIONS.--The organization described in subsection (b) may conduct periodic programmatic evaluations on a regular basis.

"(5) DISSEMINATION OF RESEARCH FINDINGS.-- The organization described in subsection (b) shall disseminate research findings to researchers, practitioners, and decision-makers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, world wide web, and publications for the general public.

"(e) CONTENTS.--The national research agenda for the surface transportation environment and planning cooperative research program required under subsection (c)(2) shall include research in the following areas for the purposes cited:

"(1) HUMAN HEALTH.-Human health to establish the links between transportation activities and human health; substantiate the linkages between exposure to concentration levels, emissions, and health impacts; examine the potential health impacts from the implementation and operation of transportation infrastructure and services; develop strategies for avoidance and reduction of these impacts; and develop strategies to understand the economic value of health improvements; and for incorporating health considerations into valuation methods.

"(2) ECOLOGY AND NATURAL SYSTEMS.-Ecology and natural systems to measure transportation's short- and long-term impact on natural systems; develop ecologically based performance measures; develop insight into both the spatial and temporal issues associated with transportation and natural systems; study the relationship between highway density and ecosystem integrity, including the impacts of highway density on habitat integrity and overall ecosystem health; develop a rapid assessment methodology for use by transportation and regulatory agencies in determining the relationship between highway density and ecosystem integrity; and develop ecologically based performance techniques to evaluate the success of highway project mitigation and enhancement measures.

"(3) ENVIRONMENTAL AND SOCIOECONOMIC RELATIONSHIPS.-Environmental and socioeconomic relationships to understand differences in mobility, access, travel behavior, and travel preferences across socioeconomic groups; develop improved planning approaches that better reflect and respond to community needs; improve evaluation methods for examining the incidence of benefits and costs; examine the differential impacts of current methods of finance and explore alternatives; understand the socioeconomic implications of emerging land development patterns and new transportation technologies; develop cost-effective applications of technology that improve the equity of the transport system; and develop improved methods for community involvement, collaborative planning, and conflict resolution.

"(4) EMERGING TECHNOLOGIES.-Emerging technologies to assist in the transition to environmentally benign fuels and vehicles for passengers and freight; develop responses to and demand for new technologies that could offer improved environmental performance; identify possible applications of Intelligent Transportation Systems technologies for environmental benefit; develop policy instruments that would encourage the development of beneficial new technologies in a cost-effective manner; and respond to the impact of new technologies.

"(5) LAND USE.-Land use to assess land consumption trends and contributing factors of transportation investment, housing policies, school quality, and consumer preferences; incorporate impacts of transportation investments on location decision and land use; identify the costs and benefits of current development patterns and their transportation implications; determine the effect of the built environment on people's willingness to walk, drive, or take public transportation; determine the roles of public policy and institutional arrangements in current and prospective land use and transportation choices; and develop improved data, methods, and processes for considering land use, transportation, and the environment in an integrated, systematic fashion.

"(6) PLANNING AND PERFORMANCE MEASURES.-Planning and performance measures to improve understanding of travel needs and preferences; improve planning methods for system analysis, forecasting, and decision making; expand information on consumer choice processes and travel and activity patterns for both local and long-distance trips and both passenger and freight transportation analysis of social, environmental, and economic benefits and cost of various transport options; develop tools for measuring and forecasting complex transportation decision for all modes and users; and develop performance measures and policy analysis approaches that can be used to determine effectiveness.

"(7) ADDITIONAL PRIORITIES.-Additional priorities to identify and address the emerging and future surface transportation research needs related to planning and environment.

"(f) FUNDING.--In addition to using funds authorized for this section, the organization that administers this program may seek and accept additional funding sources from public and private entities capable of attracting and accepting funding from the United States Department of Transportation (Federal Highway Administration, Federal Transit Administration, Federal Railroad Administration, Research and Special Programs Administration, and the National Highway Traffic Safety Administration), Environmental Protection Agency, Department of Energy, Fish and Wildlife and other Federal environmental agencies, states, local governments, nonprofit foundations, and the private sector.".

(b) CONFORMING AMENDMENT.-The analysis for chapter 5 of title 23, United States Code, is amended by striking the item related to section 507 and inserting the following:
"507. Surface transportation environment and planning cooperative research program.".

SEC. 5203. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM. [Analysis]

(a) LONG-TERM BRIDGE PERFORMANCE PROGRAM.--Section 502 of title 23, United States Code, is amended by striking 502(g), as redesignated by this Act, and inserting the following:

"(g) LONG-TERM BRIDGE PERFORMANCE PROGRAM.-

"(1) AUTHORITY.-The Secretary shall establish a 20 year long-term bridge 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 test bridges;

"(B) analyze the data obtained in carrying out subparagraph (A); and

"(C) prepare products to fulfill program objectives and meet future bridge technology needs.".

(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM.-

(1) IN GENERAL.--Section 503(b) of title 23, United States Code, is amended by striking 503(b)(1) and inserting:

"(1) IN GENERAL.-The Secretary shall establish and carry out a program to promote, demonstrate, evaluate, and document the application of innovative designs, materials and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.".

(2) GOALS.-Section 503(b)(2) of such title is amended by striking 503(b)(2) and inserting:

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

"(A) the development of new, cost-effective, innovative highway bridge applications;

"(B) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

"(C) the development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and structures;

"(D) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;

"(E) the development of highway bridges and structures that will withstand natural disasters and terrorist attacks;

"(F) the documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods; and

"(G) the effective transfer of resulting information and technology.".

SEC. 5204. TECHNOLOGY DEPLOYMENT. [Analysis]

(a) TECHNOLOGY DEPLOYMENT PROGRAM.-Section 503(a) of title 23, United States Code, is amended:

(1) in the subsection heading, by striking "initiatives and partnerships";

(2) by striking paragraph (1) and inserting the following:

"(1) ESTABLISHMENT.-The Secretary shall develop and administer a national technology deployment program.".

(3) by striking paragraph (7) and inserting the following:

"(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.--

"(A) IN GENERAL.--Under the program, the Secretary shall make grants to, and enter into cooperative agreements and contracts with States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer concerning 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) by striking paragraph (8);

(5) by redesignating paragraph (9) as paragraph (10); and

(6) by inserting after paragraph (7) the following:

"(8) TECHNOLOGY AND INFORMATION TRANSFER.--The Secretary shall 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.

"(9) FEDERAL SHARE.--The Federal share of the cost of a project under this section shall be determined by the Secretary.".

(b) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.- Section 503 of title 23, United States Code, is amended by adding after subsection (b) the following:

"(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.-

"(1) IN GENERAL.-The Secretary shall establish and implement a program to promote, demonstrate, support, and document the application of innovative pavement technologies, practices, performance, and benefits.

"(2) GOALS.--The goals of the innovative pavement research and deployment program shall include--

"(A) the deployment of new, cost-effective innovative designs, materials, and practices to extend pavement life and performance and to improve customer satisfaction;

"(B) the reduction of initial costs and life-cycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation;

"(C) the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion;

"(D) the deployment of engineering design criteria and specifications for innovative practices, products, and materials for use in highway pavements;

"(E) the deployment of new nondestructive and real time pavement evaluation technologies and techniques;

"(F) evaluation, refinement, and documentation of the performance and benefits of innovative technologies deployed to improve life, performance, cost effectiveness, safety, and customer satisfaction;

"(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, safety, and customer satisfaction; and

"(H) the development of designs and materials to reduce storm water runoff.".

(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.--Section 503 of title 23, United States Code, as amended by this Act, is further amended by adding the following:

"(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.--

"(1) IN GENERAL.--The Secretary shall establish and implement a program to demonstrate the application of innovative technologies in highway safety.

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

"(A) the deployment and evaluation of safety technologies and innovations at state and local levels; and

"(B) the deployment of best practices in training, management, design, and planning.

"(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.--

"(A) IN GENERAL.--Under the program, the Secretary shall make grants to, and enter into cooperative agreements and contracts with States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for innovative safety technologies.

"(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.'

SEC. 5205. TRAINING AND EDUCATION. [Analysis]

(a) NATIONAL HIGHWAY INSTITUTE.-Section 504(a) of title 23, United States Code, is amended by striking paragraph (3) and inserting the following:

"(3) COURSES.-The Institute may develop and administer courses in modern developments, techniques, methods, regulations, management, and procedures in areas including surface transportation, environmental stewardship and streamlining, acquisition of rights-of-way, relocation assistance, engineering, safety, transportation system management and operations, construction, maintenance, contract administration, inspection, and highway finance.".

(b) FEDERAL SHARE.-Section 504(b) of title 23, United States Code, is amended by adding at the end the following:

"(3) FEDERAL SHARE.-

"(A) GRANTS.-The grant funds authorized to carry out this subsection may be used to cover up to 50 percent of the program costs relating to local technical assistance. Funds available for technology transfer and training purposes under this title and title 49 may be used to cover the remaining 50 percent of the program costs.

"(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.-The Federal share of the cost of activities carried out by the tribal technical assistance centers under paragraph (b)(2)(D)(ii) of this subsection shall be 100 percent.".

(c) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.-Section 504 of title 23, United States Code, is amended by adding at the end the following:

"(d) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.-

"(1) FUNDING.-Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(1), (3), and (4) and 144(e) of this title for surface transportation workforce development, training and education, including:

"(A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies;

"(B) employee professional development;

"(C) student internships;

"(D) university or community college support; or

"(E) education outreach activities to develop interest and promote participation in surface transportation careers.

"(2) FEDERAL SHARE.--The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent.".

(d) DEFINITIONS AND DECLARATION OF POLICY.-Section 101(a) of title 23, United States Code, as amended by this Act, is further amended--

(1) in paragraph (3), by--

(A) striking "and" after subparagraph (H);

(B) striking the period after subparagraph (I) and inserting "; and"; and

(C) adding after subparagraph (I) the following:

"(J) surface transportation workforce development, training, and education.";

(2) by redesignating paragraphs (36) through (39), as redesignated by this Act, as paragraphs (37) through (40) respectively; and

(3) by adding after paragraph (35), as redesignated by this Act, the following:

"(36) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.-The term "surface transportation workforce development, training, and education" means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers.".

SEC. 5206. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

(a) CONTINUATION AND ACCELERATION OF TRANSIMS DEPLOYMENT.- The Secretary shall accelerate the deployment of the advanced transportation model known as the Transportation Analysis Simulation System ("TRANSIMS"), developed by the Los Alamos National Laboratory. The program shall assist State departments of transportation and metropolitan planning organizations in the implementation of TRANSIMS, develop methods for TRANSIMS applications to transportation planning and air quality analysis, and provide training and technical assistance for the implementation of TRANSIMS. The program may support the development of methods to plan for the transportation response to chemical and biological terrorism and other security concerns.

(b) ELIGIBLE ACTIVITIES. - The Secretary shall use funds made available under section 5101(a)(1) of this Act to-

(1) Provide funding to State departments of transportation and metropolitan planning organizations serving transportation management areas designated under the metropolitan planning section of chapter 52 of title 49, United States Code, representing a diversity of populations, geographic regions and analytic needs to implement TRANSIMS;

(2) Develop methods to demonstrate a wide spectrum of TRANSIMS applications to support metropolitan and statewide transportation planning, including integrating highway and transit operational considerations into the transportation planning process; and

(3) Provide training and technical assistance with respect to the implementation and application of TRANSIMS to States, local governments and Metropolitan Planning Organizations with responsibility for travel modeling.

(c) ALLOCATION OF FUNDS.-Not more than 75 percent of the funds made available to carry out this section may be allocated to activities described in subsection (b)(1).

Subtitle C--Multimodal Research Programs; Scholarship Opportunities

SEC. 5301. UNIVERSITY TRANSPORTATION RESEARCH. [Analysis]

Section 5505 of title 49, United States Code, is revised to read as follows:
"Sec. 5505. University transportation research

"(a) UNIVERSITY-INDUSTRY-GOVERNMENT PARTNERSHIPS.--The Secretary of Transportation shall make grants to nonprofit institutions of higher learning to address transportation management and research and development matters, with special attention to increasing the number of highly skilled individuals entering the field of transportation.

"(b) OBJECTIVES. -- (1) Each university receiving a grant under this section shall conduct the following programs and activities:

"(A) Basic and applied research that supports the Department's transportation research agenda, the products of which are judged by peers or other experts in the field to advance the body of knowledge in transportation.

"(B) An education program that includes multidisciplinary course work, faculty and student participation in research, and an opportunity for practical experience.

"(C) An ongoing program of technology transfer that makes the results of research and education activities broadly available to potential users in a form that can be implemented, utilized, or otherwise applied.

"(2) Each university shall elect as its primary objective either subsection (b)(1)(A) or (b)(1)(B) of this section and shall direct at least 50% of total costs to the accomplishment thereof.

"(c) SELECTION OF GRANT RECIPIENTS. -- (1) In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require.

"(2) The Secretary shall select each recipient of a grant under this section through a competitive process in which applications are evaluated on the basis of the following:

"(A) The demonstrated research and extension resources available to the applicant to carry out this section.

"(B) The capability of the applicant to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems.

"(C) The applicant's demonstrated commitment of at least $200,000 in regularly-budgeted institutional amounts each year to support ongoing transportation research and education programs.

"(D) The amount of matching funds for which the applicant has obtained binding commitments.

"(E) Evidence of the applicant's research and education partnerships with at least one private sector partner and at least one non-federal government partner.

"(F) The applicant's demonstrated ability to disseminate results of transportation research and education programs through national and statewide or regionwide continuing education and capacity-building programs.

"(G) The strategic plan the applicant proposes to achieve the objectives of the grant and--

"(i) if the applicant's primary objective is subsection (b)(1)(A) of this section, the strategic plan shall include a research plan that addresses more than one mode of transportation; or

"(ii) if the applicant's primary objective is subsection (b)(1)(B) of this section, the strategic plan shall include an education plan that addresses multimodal issues.

"(d) MAINTENANCE OF EFFORT.-- In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Secretary to ensure that the recipient will maintain total expenditures from all other sources to carry out the objectives of a grant at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section.

"(e) FEDERAL SHARE. -- The Federal share of the costs of activities carried out using a grant made under this section shall not exceed 50 percent of costs. The non-Federal share may include funds provided to a recipient under section 503, or 104(i) of title 23, United States Code.

"(f) PROGRAM ADMINISTRATION.--(1) The Secretary shall conduct all grant management and administration functions necessary to facilitate the research, education, training, and technology transfer activities that grant recipients carry out under this section; to coordinate these activities among the grant recipients; to ensure that the results of the research, education, training and technology transfer activities are widely disseminated; and to ensure the effective use of program resources.

"(2) At least annually and consistent with the plan developed under section 508 of title 23, United States Code, the Secretary shall review and evaluate programs the grant recipients carry out.

"(3) The Secretary may not use more than 1 percent of amounts made available from Government sources to carry out this subsection.

"(g) Use of Transportation Research Information Services (TRIS) databases.--(1) Recipients of awards under this section shall make use of the National Research Council (NRC), Transportation Research Board (TRB), Transportation Research Information Services (TRIS) online databases for the following purposes:

"(A) Program development and strategic planning.

"(B) Reporting of active R&T activities undertaken with funding provided here.

"(C) Input and dissemination of results and reports from completed research.

"(2) Recipients shall recommend a representative to serve as liaison to the Transportation Research Board.

"(h) LIMITATION ON AVAILABILITY OF FUNDS. -- Funds made available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which such funds are authorized.".

SEC. 5302. MULTIMODAL RESEARCH PROGRAM. [Analysis]

 (a) IN GENERAL.--Section 5506 of title 49, United States Code, is revised to read as follows:
"§ 5506. Multimodal research program

"(a) PURPOSE.--The Secretary shall establish a program to encourage and promote the research, development, demonstration and testing of technologies that have multimodal transportation applications, and shall foster adoption of those technologies in transportation through demonstration and testing to remove impediments to an efficient, safe, and cost-effective national transportation system.

"(b) OTHER RESEARCH ACTIVITIES.--To ensure the activities performed pursuant to this section achieve the maximum benefit, the Secretary, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and other relevant Federal agencies shall coordinate their research, development and demonstration activities related to heavy-duty vehicle technologies and hydrogen transportation and refueling infrastructure. Nothing in this section may be construed to authorize the Secretary to conduct research, development, demonstration or testing activities that the Secretary of Energy or the Administrator the Environmental Protection Agency is authorized to conduct, or to modify the authorities of the Secretary of Energy or the Administrator of the Environmental Protection Agency.

"(c) ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES.-- (1) The Secretary of Transportation shall conduct research, development, demonstration and testing to integrate emerging multimodal heavy-duty vehicle technologies in order to provide seamless, safe, secure and efficient transportation.

"(2) There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this paragraph $24,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $23,000,000 for fiscal year 2007, $18,000,000 for fiscal year 2008, and $10,000,000 for fiscal year 2009.

"(3) The funding made available under paragraph (2) of this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23 and shall be subject to any obligation limitation imposed on funds for Federal-aid highways and highway safety construction programs.

"(d) HYDROGEN INFRASTRUCTURE SAFETY RESEARCH AND DEVELOPMENT.--(1) The Secretary of Transportation is authorized to conduct research, development, demonstration and testing on the safety aspects of hydrogen transportation and refueling infrastructure necessary to support the use of next generation vehicle technologies.

"(2) To carry out this subsection, there is authorized to be appropriated $1,000,000 for fiscal years 2004 , $15,000,000 for fiscal year 2005, $13,000,000 for fiscal year 2006, $11,000,000 for fiscal year 2007, $9,000,000 for fiscal year 2008, and $6,000,000 for fiscal year 2009.

"(e) GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS.-- The Secretary may enter into grants, cooperative agreements, and other transactions with Federal and other public agencies (including State and local governments) and private organizations and other persons to carry out this section.

"(f) COST SHARING.--At least 50 percent of the funding for projects authorized in this section must be provided by non-Federal sources.".

(b) CONFORMING AMENDMENT.-The analysis of chapter 55 of title 49, United States Code, is amended by substituting the following for the item designated 5506:

"Sec. 5506. Multimodal research program.".

SEC. 5303. COMMERCIAL REMOTE SENSING PRODUCTS. [Analysis]

Section 5113 of the Transportation Equity Act of the 21st Century (23 U.S.C. 502 note) is amended by revising subsection (b) to read as follows:

"(b) PROGRAM.--

"(1) NATIONAL POLICY.-- The Secretary shall establish and maintain a national policy for the use of commercial remote sensing products and spatial information technologies in national transportation infrastructure development and construction.

"(2) POLICY IMPLEMENTATION. -- The Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national policy established and maintained under (b)(1) of this section.".

SEC. 5304. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM. [Analysis]

(a) IN GENERAL.--(1) The Secretary may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs.

(2) The Secretary may accomplish this objective by developing a program in partnership with appropriate non-governmental institutions.

(b) PARTICIPATION AND FUNDING.--An operating administration of the Department of Transportation and the Office of Inspector General of the Department of Transportation (DOT) may participate in the scholarship program. Notwithstanding any other law, the Secretary may use funds available to an operating administration or from the Office of Inspector General for the purpose of carrying out this provision.

Subtitle D-- Transportation Data and Analysis

SEC. 5401. BUREAU OF TRANSPORTATION STATISTICS. [Analysis]

Section 111 of title 49, United States Code, is amended by deleting subsections (b) through (k) and inserting the following new subsections, as follows:

"(b) DIRECTOR.--(1) The Bureau shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

"(2) The Director shall be appointed from among individuals who are qualified to serve by virtue of their training and experience in the collection, analysis and use of transportation data.

"(3) The Director shall report directly to the Secretary of Transportation.

"(4) The term of the Director shall be 4 years. The Director may continue to serve after the expiration of the term until a successor is appointed and confirmed.

"(c) RESPONSIBILITIES.--The Director of the Bureau shall serve as the Secretary's senior advisor on data and statistics and be responsible for carrying out the following duties:

"(1) Collecting, analyzing and disseminating data concerning the domestic and international movement of freight.

"(2) Collecting, analyzing and disseminating data concerning travel patterns for local and long-distance travel, at the local, State, national and international levels.

"(3) Developing, analyzing and disseminating information on the economics of transportation.

"(4) Building and disseminating the transportation layer of the National Spatial Data Infrastructure, including coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by others.

"(5) Developing, publishing and disseminating a comprehensive set of measures of investment, use, costs, performance and impacts of the national transportation system, including publishing an annual transportation statistics abstract; and identifying information needs and reviewing such needs at least annually with the Advisory Council on Transportation Statistics.

"(6) Conducting or supporting research relating to methods of gathering or analyzing transportation statistics and issuing guidelines for the collection of information by the Department in order to ensure that such information is accurate, relevant, comparable, accessible and in a form that permits systematic analysis.

"(d) COORDINATING COLLECTION OF INFORMATION.-The Director shall work with the operating administrations of the Department to establish and implement the Bureau's data programs and to improve the coordination of information collection efforts with other Federal agencies.

"(e) SUPPORTING TRANSPORTATION DECISIONMAKING.- The Director shall ensure that the statistics compiled under this section are relevant for transportation policy, planning, and decision making by the Federal Government, State and local governments, transportation-related associations, private businesses, and the public. The Director shall provide, to the Department's other operating administrations, technical assistance on collecting, compiling, analyzing and verifying transportation data and statistics and the design of surveys.

"(f) RESEARCH AND DEVELOPMENT GRANTS.- (1) The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) if the grants--

"(A) provide for an alternative means of accomplishing program-related research;

"(B) contribute to research and development of new methods of data collection; or

"(C) improve the methods for sharing geographic data.

"(2) Not more than $500,000 of the amounts made available to carry out this section in a fiscal year may be used for Research and Development Grants.

"(g) TRANSPORTATION STATISTICS ANNUAL REPORT.--By March 31 of each year, the Director shall transmit to the President and Congress a report that includes information on the subjects covered by subsection (c) of this section, documentation of the methods used to obtain the information and ensure the quality of the statistics presented in the report, and recommendations for improving transportation statistical information.

"(h) PROCEEDS OF DATA PRODUCT SALES.--Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for the expenses.

"(i) LIMITATIONS ON STATUTORY CONSTRUCTION. - Nothing in this section shall be construed to--

"(1) authorize the Bureau to require any other department or agency to collect data; or

"(2) reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently.

"(j) MANDATORY RESPONSE AUTHORITY FOR FREIGHT DATA COLLECTION.--Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge, of any corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee or contractor of the Bureau, to answer completely and correctly to the best of his/her knowledge all questions relating to the corporation, company, business, institution, establishment, or other organization, or to records or statistics in his/her official custody, contained in a data collection request prepared and submitted under the authority of subsection (c)(1), shall be fined not more than $500; and if the individual willfully gives a false answer to a question, shall be fined not more than $10,000.

"(k) PROHIBITION ON CERTAIN DISCLOSURES.--(1) An officer, employee or contractor of the Bureau may not--

"(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified;

"(B) use the information provided under subsection (c) for a nonstatistical purpose; or

"(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c).

"(2)(A) No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent.

"(B) A copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents--

"(i) shall be immune from legal process; and

"(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.

"(C) This subsection shall apply only to reports that permit information concerning an individual or organization to be reasonably inferred by direct or indirect means.

"(3) In a case in which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose.

(l) DATA ACCESS.--The Director shall have access to transportation and transportation-related information in the possession of any Federal agency except information--

"(1) the disclosure of which to another Federal agency is expressly prohibited by law; or

"(2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.

"(m) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.--(1) The Bureau of Transportation Statistics has an Advisory Council on Transportation Statistics.

"(2) It shall be the function of the advisory council established under this subsection to advise the Director of the Bureau of Transportation Statistics on transportation statistics and analyses, including whether or not the statistics and analysis disseminated by the Bureau of Transportation Statistics are of high quality and are based upon the best available objective information.

"(3) The advisory council established under this subsection shall be composed of not more than 6 members appointed by the Director who are not officers or employees of the United States and who have expertise in transportation data collection or analysis or application (except for 1 member who shall have expertise in economics and 1 member who shall have expertise in statistics).

"(4) The Federal Advisory Committee Act (5 App. U.S.C.) shall apply to the advisory council established under this section, except that section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section.

Subtitle E--Intelligent Transportation Systems Research

SEC. 5501. SHORT TITLE. [Analysis]

This subtitle may be cited as the "Intelligent Transportation Systems Act of 2003".

SEC. 5502. GOALS AND PURPOSES. [Analysis]

(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 as well as improved emergency response to a crash, with particular emphasis on decreasing the number and severity of collisions;

(3) Protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals;

(4) Accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, passenger vehicles, and motorcycles, including individuals with disabilities; and

(5) Improvement of the Nation's ability to respond to security related or other man made 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) Facilitate, in cooperation with the motor vehicle industry, the introduction of a vehicle-based safety enhancing systems;

(6) Support the application of intelligent transportation systems that increase the safety and efficiency of commercial vehicle operations; and

(7) Develop a workforce capable of developing, operating, and maintaining intelligent transportation systems.

SEC. 5503. GENERAL AUTHORITIES AND REQUIREMENTS. [Analysis]

(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 research projects and operational tests 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 Secretary of Homeland Security, 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 systems 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) AGREEMENT.--

(A) IN GENERAL.--The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A) of this subsection.

(B) FEDERAL FINANCIAL ASSISTANCE.--If the Secretary delegates the responsibility, the entity to which the responsibility is delegated shall be eligible for Federal financial assistance under this section.

(h) ADVISORY COMMITTEES.--

(1) IN GENERAL.--In carrying out this subtitle, the Secretary may use one 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) 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.

(j) USE OF RIGHTS-OF-WAY.--Intelligent transportation system projects specified in sections 5117(b)(3) and 5117(b)(6) of the Transportation Equity Act for the 21st Century and involving privately owned intelligent transportation system components that are 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. 5504. NATIONAL ARCHITECTURE AND STANDARDS. [Analysis]

(a) IN GENERAL.--

(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.--Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system 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) 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) 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.

(c) 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 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, 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.

SEC. 5505. RESEARCH AND DEVELOPMENT. [Analysis]

(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) Enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems;

(2) Enhance safety through improved crash-avoidance and protection, crash and other notification, commercial vehicle operations, and infrastructure-based or cooperative safety systems;

(3) Enhance security through improved response to security related emergencies, and improved transportation security systems; and

(4) Facilitate the integration of intelligent infrastructure, vehicle, and control technologies.

(c) FEDERAL SHARE.--The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent.

SEC. 5506. USE OF FUNDS. [Analysis]

(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--

(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.

SEC. 5507. DEFINITIONS. [Analysis]

In this subtitle, the following definitions apply:

(1) INCIDENT.-- In this section, the term "incident" means a crash, a natural disaster, work zone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic.

(2) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.--The term "intelligent transportation infrastructure" means fully integrated public sector intelligent transportation system components, as defined by the Secretary.

(3) 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.

(4) NATIONAL ARCHITECTURE.--The term "national architecture" means the common framework for interoperability 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.

(5) PROJECT.--The term "project" means a undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle.

(6) 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.

(7) STATE.--The term "State" has the meaning given the term under section 101 of title 23, United States Code.

(8) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.--The term "transportation systems management and operations" has the meaning given the term under section 101(a) of title 23, United States Code, as amended by section 1701 of this Act.

SEC. 5508. REPEAL. [Analysis]

The Transportation Equity Act for the 21st Century is amended by striking subtitle C of title V.

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