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§ 502. —  Surface transportation research.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 23USC502]

 
                           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.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
Federal Emergency Management Agency, including the functions of the 
Director of the Federal Emergency Management Agency relating thereto, to 
the Secretary of Homeland Security, and for treatment of related 
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.


           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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