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108th Congress                                            Rept. 108-662
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
      SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT ACT OF 2004

                                _______
                                

               September 7, 2004.--Ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 3551]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
3551) to authorize appropriations to the Department of 
Transportation for surface transportation research and 
development, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................34
 III. Background and Need for the Legislation........................34
  IV. Summary of Hearings............................................36
   V. Committee Actions..............................................38
  VI. Summary of Major Provisions of the Bill........................39
 VII. Section-by-Section Analysis (by Title and Section).............40
 VIII.Committee Views................................................46

  IX. Cost Estimate..................................................54
   X. Congressional Budget Office Cost Estimate......................54
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........58
 XII. Committee Oversight Findings and Recommendations...............58
 XIII.Statement on General Performance Goals and Objectives..........58

 XIV. Constitutional Authority Statement.............................58
  XV. Federal Advisory Committee Statement...........................59
 XVI. Congressional Accountability Act...............................59
 XVII.Statement on Preemption of State, Local, or Tribal Law.........59

 XVIIIChanges in Existing Law Made by the Bill, as Reported..........59
    .
 XIX. Committee Recommendations.....................................125
  XX. Proceedings of the Subcommittee Markup........................127
 XXI. Proceedings of the Full Committee Markup......................429

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Research and Development Act of 2004''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

        TITLE I--SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

Sec. 101. Authorization of appropriations.
Sec. 102. Goals, principles, and processes.
Sec. 103. Transportation research and development strategic planning.
Sec. 104. Surface transportation research and development.
Sec. 105. Technology deployment.
Sec. 106. Training and education.
Sec. 107. Bureau of Transportation Statistics.
Sec. 108. State planning and research.
Sec. 109. Future Strategic Highway Research Program.
Sec. 110. University transportation research.
Sec. 111. Intelligent Transportation Systems.

                        TITLE II--MISCELLANEOUS

Sec. 201. Authorization of appropriations.
Sec. 202. Innovative Practices and Technologies Demonstration and 
Deployment Program.
Sec. 203. National Transit Institute.
Sec. 204. Human resource programs.
Sec. 205. Highway safety research and development.
Sec. 206. Motor carrier research and development program.
Sec. 207. Transportation, energy, and environment.
Sec. 208. National cooperative freight transportation research and 
development program.
Sec. 209. Next Generation National Transportation Policy Study 
Commission.
Sec. 210. Real-time system management information program.
Sec. 211. Planning capacity building initiative.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Research and development are critical to developing and 
        maintaining a transportation system that meets the goals of 
        safety, mobility, economic vitality, efficiency, equity, and 
        environmental protection.
          (2) Federally sponsored surface transportation research and 
        development has produced many successes. The development of 
        rumble strips has increased safety; research on materials has 
        increased the lifespan of pavements, saving money and reducing 
        the disruption caused by construction; and Geographic 
        Information Systems have improved the management and efficiency 
        of transit fleets.
          (3) Despite these important successes, the Federal surface 
        transportation research and development investment represents 
        less than one percent of overall government spending on surface 
        transportation.
          (4) While Congress increased funding for overall 
        transportation programs by about 40 percent in the 
        Transportation Equity Act for the 21st Century, funding for 
        transportation research and development remained relatively 
        flat.
          (5) The Federal investment in research and development should 
        be balanced between short-term applied and long-term 
        fundamental research and development. The investment should 
        also cover a wide range of research areas, including research 
        on materials and construction, research on operations, research 
        on transportation trends and human factors, and research 
        addressing the institutional barriers to deployment of new 
        technologies.
          (6) Therefore, Congress finds that it is in the United States 
        interest to increase the Federal investment in transportation 
        research and development, and to conduct research in critical 
        research gaps, in order to ensure that the transportation 
        system meets the goals of safety, mobility, economic vitality, 
        efficiency, equity, and environmental protection.

        TITLE I--SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated for each of 
fiscal years 2004 through 2009, to carry out this title and the 
amendments made by this title (other than sections 108 and 109) and 
other programs described in subsection (b), the greater of--
          (1) 1.08 percent of the amounts made available in each fiscal 
        year from the Highway Trust Fund; or
          (2) $500,000,000.
  (b) Programs.--Of the amount authorized to be appropriated under 
subsection (a)--
          (1) 50 percent shall be for carrying out sections 502, 503, 
        506, 507, 508, and 510 of title 23, United States Code, section 
        5113(b) of the Transportation Equity Act for the 21st Century, 
        and section 104(d) of this Act, for each of fiscal years 2004 
        through 2009, of which--
                  (A) not less than $20,000,000 shall be for the 
                Surface Transportation Environment and Planning 
                Cooperative Research Program under section 507 of title 
                23, United States Code, for each of those fiscal years;
                  (B) not less than $10,000,000 shall be for advanced 
                exploratory research under section 502(d) of title 23, 
                United States Code, for each of those fiscal years; and
                  (C) not less than $5,000,000 shall be for the 
                National Multimodal Trends Policy Research Program 
                under section 104(d) of this Act for each of those 
                fiscal years;
          (2) 6.5 percent shall be for carrying out section 504 of 
        title 23, United States Code, for each of fiscal years 2004 
        through 2009;
          (3) 7.5 percent shall be for carrying out section 111 of 
        title 49, United States Code, for each of fiscal years 2004 
        through 2009, of which not less than $5,000,000 shall be for 
        research and development grants under subsection (i)(2) of such 
        section for each of fiscal years 2004 through 2009;
          (4) 11.5 percent shall be for carrying out section 5505 of 
        title 49, United States Code, for each of fiscal years 2004 
        through 2009; and
          (5) 24.5 percent shall be for carrying out the Intelligent 
        Transportation Systems Act of 2004 for each of fiscal years 
        2004 through 2009.

SEC. 102. GOALS, PRINCIPLES, AND PROCESSES.

  (a) Goals.--The Federal Government shall support surface 
transportation research and development to help achieve the goals 
established for the surface transportation system as set forth in the 
Transportation Equity Act for the 21st Century, including supporting 
economic vitality, improving safety and security, increasing mobility, 
protecting and enhancing the environment, improving integration between 
modes of transportation, promoting efficiency, and emphasizing the 
preservation of the existing transportation system.
  (b) Basic Principles Governing Research and Development.--
          (1) Coverage.--Surface transportation research and 
        development 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.--The Federal Government shall 
        fund and conduct surface transportation research and 
        development and technology transfer activities that--
                  (A) are of national significance;
                  (B) support research and development in which there 
                is a clear public benefit, and private sector 
                investment is less than optimal due to market failure;
                  (C) support research and development that the 
                Secretary determines is critical that is not otherwise 
                being conducted by the public or private sector; or
                  (D) support a Federal stewardship role in ensuring 
                that State and local governments use national resources 
                efficiently.
          (3) Role.--Consistent with these Federal responsibilities, 
        the Secretary of Transportation shall--
                  (A) conduct research and development;
                  (B) support and facilitate research and development 
                and technology transfer activities by State highway 
                agencies, metropolitan planning organizations, and 
                local governments;
                  (C) share results of completed research and 
                development; and
                  (D) support and facilitate technology and innovation 
                deployment.
          (4) Program content.--The surface transportation research and 
        development program shall include--
                  (A) fundamental, long-term research;
                  (B) research and development aimed at significant 
                research gaps, and emerging issues with national 
                implications; and
                  (C) research related to policy and planning.
  (c) Processes.--
          (1) Stakeholder input.--Federal surface transportation 
        research and development activities shall address the needs of 
        stakeholders. Stakeholders include States, metropolitan 
        planning organizations, local governments, the private sector, 
        researchers, research sponsors, and other affected parties, 
        including public interest groups.
          (2) Competition and peer review.--Except as otherwise 
        provided in this Act, the Secretary shall award all grants, 
        contracts, and cooperative agreements for research and 
        development under this Act based on open competition and peer 
        review of proposals.
          (3) Performance review and evaluation.--To the maximum extent 
        practicable, all surface transportation research and 
        development projects shall include a component of performance 
        measurement and evaluation. Performance measures shall be 
        established during the proposal stage of a research and 
        development project and shall, to the maximum extent possible, 
        be outcome-based. All evaluations shall be made readily 
        available to the public.

SEC. 103. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

  (a) Amendment.--Section 508 of title 23, United States Code, is 
amended to read as follows:

``Sec. 508. Transportation research and development strategic planning

  ``(a) In General.--
          ``(1) Development.--Not later than 1 year after the date of 
        enactment of the Surface Transportation Research and 
        Development Act of 2004, the Secretary shall develop a 5-year 
        transportation research and development strategic plan to guide 
        Federal transportation research and development activities. 
        This plan shall be consistent with section 306 of title 5, 
        sections 1115 and 1116 of title 31, and any other research and 
        development plan within the Department of Transportation.
          ``(2) Contents.--The strategic plan developed under paragraph 
        (1) shall--
                  ``(A) describe the primary purposes of the 
                transportation research and development program, which 
                shall include, at a minimum--
                          ``(i) reducing congestion and improving 
                        mobility;
                          ``(ii) promoting safety;
                          ``(iii) promoting security;
                          ``(iv) protecting and enhancing the 
                        environment;
                          ``(v) preserving the existing transportation 
                        system; and
                          ``(vi) improving the durability and extending 
                        the life of transportation infrastructure;
                  ``(B) for each purpose, list the primary research and 
                development topics that the Department intends to 
                pursue to accomplish that purpose, which may include 
                the fundamental research in the physical and natural 
                sciences, applied research, technology development, and 
                social science research intended for each topic; and
                  ``(C) for each research and development topic, 
                describe--
                          ``(i) the anticipated annual funding levels 
                        for the period covered by the strategic plan; 
                        and
                          ``(ii) the additional information the 
                        Department expects to gain at the end of the 
                        period covered by the strategic plan as a 
                        result of the research and development in that 
                        topic area.
          ``(3) Considerations.--In developing the strategic plan, the 
        Secretary shall ensure that the plan--
                  ``(A) reflects input from a wide range of 
                stakeholders;
                  ``(B) includes and integrates the research and 
                development programs of all the Department's operating 
                administrations, including aviation, transit, rail, and 
                maritime; and
                  ``(C) takes into account how research and development 
                by other Federal, State, private sector, and not-for-
                profit institutions contributes to the achievement of 
                the purposes identified under paragraph (2)(A), and 
                avoids unnecessary duplication with these efforts.
          ``(4) Performance plans and reports.--In reports submitted 
        under sections 1115 and 1116 of title 31, the Secretary shall 
        include--
                  ``(A) a summary of the Federal transportation 
                research and development activities for the previous 
                fiscal year in each topic area;
                  ``(B) the amount of funding spent in each topic area;
                  ``(C) a description of the extent to which the 
                research and development is meeting the expectations 
                set forth in paragraph (2)(C)(ii); and
                  ``(D) any amendments to the strategic plan.
  ``(b) Annual Report.--The Secretary shall submit to Congress an 
annual report, along with the President's annual budget request, 
describing the amount spent in the last completed fiscal year on 
transportation research and development and the amount proposed in the 
current budget for transportation research and development.
  ``(c) National Research Council Review.--The Secretary shall enter 
into an agreement for the review by the National Research Council of 
the details of each--
          ``(1) strategic plan under section 508;
          ``(2) performance plan required under section 1115 of title 
        31; and
          ``(3) program performance report required under section 1116 
        of title 31,
with respect to transportation research and development.''.
  (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item related to section 
508 and inserting the following:

``508. Transportation research and development strategic planning.''.

SEC. 104. SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT.

  (a) Surface Transportation Research and Development.--Section 502 of 
title 23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``may'' and 
                inserting ``shall''; and
                  (B) by striking subparagraphs (B) and (C) of 
                paragraph (1) and inserting the following:
                  ``(B) all phases of transportation planning and 
                development (including construction, transportation 
                system management and operation, modernization, 
                development, design, maintenance, safety, data 
                collection, performance analysis, multimodal 
                assessment, financing, demand forecasting, and traffic 
                conditions);
                  ``(C) institutional arrangements and support; and
                  ``(D) the effect of State laws on the activities 
                described in subparagraphs (A), (B), and (C).'';
          (2) by amending subsection (c) to read as follows:
  ``(c) Contents of Research and Development Program.--The Secretary 
shall include in surface transportation research, development, and 
technology transfer programs carried out under this title coordinated 
activities in the following areas:
          ``(1) Research and development on materials and structures to 
        improve the durability of surface transportation infrastructure 
        and extend the life of pavements and bridges, including, as 
        appropriate--
                  ``(A) development of nondestructive evaluation 
                equipment for use with existing infrastructure 
                facilities and with next-generation infrastructure 
                facilities that use advanced materials;
                  ``(B) standardized estimates, 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;
                  ``(C) research on the effects of climate conditions 
                (such as freezing, thawing, and precipitation) on 
                highway construction materials, and development of 
                materials that can withstand climatic conditions; and
                  ``(D) 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.
          ``(2) Research and development on the operation and 
        management of the surface transportation system to improve 
        efficiency, productivity, and safety, including, as 
        appropriate--
                  ``(A) 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;
                  ``(B) research and system analysis to facilitate and 
                integrate bicycle and pedestrian travel in the 
                transportation system, including within National Parks 
                and in areas adjacent to National Park land;
                  ``(C) development of dynamic simulation models of 
                surface transportation systems for--
                          ``(i) predicting capacity, safety, and 
                        infrastructure durability problems;
                          ``(ii) evaluating the extent to which 
                        projects are likely to achieve their stated 
                        objectives; and
                          ``(iii) testing the strengths and weaknesses 
                        of proposed revisions to surface transportation 
                        operations and management programs;
                  ``(D) improvement of life cycle cost analysis, 
                including--
                          ``(i) establishing the appropriate analysis 
                        period and discount rates;
                          ``(ii) learning how to value and properly 
                        consider use costs;
                          ``(iii) determining tradeoffs between 
                        reconstruction and rehabilitation; and
                          ``(iv) establishing methodologies for 
                        balancing higher initial costs of new 
                        technologies and improved or advanced materials 
                        against lower maintenance costs;
                  ``(E) research on the effects of climatic conditions 
                (such as freezing, thawing, and precipitation) on the 
                costs of highway construction materials and 
                maintenance;
                  ``(F) research, development, and technology transfer 
                related to asset management; and
                  ``(G) evaluation of traffic calming measures that 
                promote community preservation, transportation mode 
                choice, and safety.
          ``(3) Research, development, and technology transfer to 
        improve safety.
          ``(4) Research and development to support the evaluation of 
        how the surface transportation system and individual surface 
        transportation projects meet the goals of the surface 
        transportation system stated in section 102(a) of the Surface 
        Transportation Research and Development Act of 2004, including, 
        as appropriate--
                  ``(A) 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; and
                  ``(B) research on, and dissemination of 
                recommendations and best practices aimed at addressing, 
                nontechnical barriers to technology deployment (such as 
                fragmented local authority, rigid procurement rules, 
                and privacy and liability considerations).
          ``(5) To assess how the surface transportation system affects 
        and is affected by social systems, including, as appropriate--
                  ``(A) research aimed at understanding how emerging 
                trends (including demographic, economic, and social 
                trends) will affect surface transportation usage and 
                needs;
                  ``(B) research on how land use affects and is 
                affected by surface transportation investments; and
                  ``(C) telecommuting and the linkages between 
                transportation, information technology, and community 
                development, and the impact of technological change and 
                economic restructuring on travel demand.
          ``(6) Environmental research and development, including 
        research described in the Transportation Research Board Special 
        Report 268, entitled `Surface Transportation Environmental 
        Research: A Long-Term Strategy' published in 2002.
          ``(7) Exploratory advanced research in any of the preceding 
        areas.
          ``(8) Any other surface transportation research and 
        development topics that the Secretary determines, in accordance 
        with the strategic planning process under section 508, to be 
        critical.'';
          (3) in subsection (d)--
                  (A) in paragraph (1), by inserting ``exploratory'' 
                after ``shall establish an''; and
                  (B) by striking paragraph (2) and inserting the 
                following new paragraphs:
          ``(2) Purpose.--The purpose of the research program under 
        this subsection shall be to achieve breakthroughs in 
        transportation research. Exploratory advanced research should 
        have a broader objective, longer time frame, multidisciplinary 
        nature, and have both a higher risk and a higher potential 
        payoff than for problem-solving research.
          ``(3) Workshop.--The Secretary shall convene a workshop with 
        appropriate researchers and policymakers from Federal and State 
        agencies, as well as academic researchers. The purpose of the 
        workshop shall be to determine priority areas of exploratory 
        advanced research and to identify the best way to accomplish 
        this research (such as through federally funded research and 
        development centers or academic researchers). The workshop 
        shall include a diverse group of stakeholders. The Secretary 
        shall make the results of the workshop widely available to the 
        public. The workshop shall be held within 6 months after the 
        date of the enactment of this paragraph.
          ``(4) Grant program.--The Secretary may administer a 
        competitive, peer-reviewed grant program to support exploratory 
        advanced research.
          ``(5) Report.--The President's annual budget request to the 
        Congress shall indicate the amount of funding used in the 
        previous fiscal year, and proposed for the next fiscal year, to 
        support exploratory advanced research under this subsection, 
        including the amount used to support extramural research grants 
        in exploratory advanced research under this subsection.'';
          (4) in subsection (e)(1), by striking ``(105 Stat.'' and all 
        that follows through ``performance program'' and inserting 
        ``and the Transportation Equity Act for the 21st Century'';
          (5) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively, and by inserting after subsection 
        (e) the following new subsection:
  ``(f) 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.'';
          (6) in subsection (h), as so redesignated by paragraph (5) of 
        this subsection--
                  (A) in paragraph (1), by striking ``January 31, 
                1999'' and inserting ``July 31, 2004''; and
                  (B) in paragraph (2), by striking ``biannual 
                reports'' and all that follows through ``21st Century'' 
                and inserting ``previous reports under this 
                subsection''; and
          (7) by adding at the end the following new subsection:
  ``(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.''.
  (b) Geospatial Information Systems.--Section 5113 of the 
Transportation Equity Act for the 21st Century (23 U.S.C. 502 note) is 
amended by amending 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 geospatial information technologies in 
        national transportation infrastructure development and 
        construction.
          ``(2) Policy implementation.--The Secretary shall develop new 
        applications of commercial remote sensing products and 
        geospatial information technologies for the implementation of 
        the national policy established and maintained under paragraph 
        (1).''.
  (c) Environment and Planning.--
          (1) Amendment.--Section 507 of title 23, United States Code, 
        is amended to read as follows:

``Sec. 507. Surface Transportation Environment and Planning Cooperative 
                    Research Program

  ``(a) In General.--
          ``(1) Establishment.--The Secretary shall establish and 
        support a collaborative, public-private, multimodal surface 
        transportation environment and planning cooperative research 
        and development program.
          ``(2) Program.--The program established under paragraph (1) 
        shall solely carry out research and development called for in 
        the Transportation Research Board Special Report 268, entitled 
        `Surface Transportation Environmental Research: A Long-Term 
        Strategy', published in 2002, which included the following 
        research and development areas:
                  ``(A) Human Health.
                  ``(B) Ecology and Natural Systems.
                  ``(C) Environmental and Social Justice.
                  ``(D) Emerging Technologies.
                  ``(E) Land Use.
                  ``(F) Planning and Performance Measures.
  ``(b) Administration.--
          ``(1) Agreement.--The Secretary shall enter into an 
        arrangement with the National Research Council, or another 
        nonprofit research organization, such as the Health Effects 
        Institute, to administer the program established under 
        subsection (a)(1).
          ``(2) Dissemination of research and development findings.--
        The organization described in paragraph (1) and the Department 
        of Transportation shall proactively disseminate research and 
        development findings under this section to researchers, 
        practitioners, and decisionmakers.
  ``(c) Advisory Board.--
          ``(1) Establishment.--The organization described in 
        subsection (b)(1) shall establish an advisory board.
          ``(2) Membership.--The advisory board shall be balanced, and 
        shall include--
                  ``(A) representatives from pubic interest groups 
                representing the environment;
                  ``(B) representatives of State, regional, and local 
                transportation agencies, including metropolitan 
                planning organizations and transit agencies;
                  ``(C) representatives of State environmental 
                agencies;
                  ``(D) transportation and environmental scientists and 
                engineers; and
                  ``(E) representatives of Federal agencies, including 
                the Department of Transportation, the Environmental 
                Protection Agency, and the National Science Foundation.
          ``(3) Responsibilities.--The advisory board shall--
                  ``(A) develop an annual research and development 
                agenda to carry out research and development activities 
                described in subsection (a)(2);
                  ``(B) solicit research proposals to carry out the 
                research and development agenda, and oversee peer 
                review of proposals;
                  ``(C) develop project selection criteria through an 
                open and public consultation process with stakeholders; 
                and
                  ``(D) select projects for funding.
          ``(4) Criteria.--In developing criteria, the advisory board 
        shall give priority to proposals that--
                  ``(A) are designed to develop fundamental knowledge;
                  ``(B) are interdisciplinary and involve partnerships; 
                and
                  ``(C) include significant matching funds.
  ``(d) Project Funding.--In addition to using funds authorized for 
this section, the organization described in subsection (b)(1) is 
encouraged to seek and accept additional funding sources from public 
and private entities.
  ``(e) Annual Report.--The organization described in subsection (b)(1) 
shall prepare and transmit to the Secretary and the Congress an annual 
report that includes a project summary for every project funded under 
this section. Each summary shall describe the project, summarize its 
status and funding levels, and identify sources of funding.''.
          (2) 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.''.
  (d) National Multimodal Trends Policy Research and Development 
Program.--
          (1) In general.--The Secretary shall carry out a National 
        Multimodal Trends Policy Research and Development Program that 
        systematically addresses critical short-term, medium-term, and 
        long-term social science issues affecting and affected by the 
        transportation system.
          (2) Contents.--The program to be carried out under this 
        subsection shall include research and development on--
                  (A) how, and the extent to which, the overall 
                transportation system is meeting the goals set forth in 
                the Transportation Equity Act for the 21st Century, and 
                how to improve evaluation methodologies and performance 
                measures;
                  (B) the development of policy analysis tools and 
                methods for use by decisionmakers;
                  (C) the critical factors and major trends affecting 
                the success and performance of the Nation's 
                transportation system, as well as how such information 
                can be incorporated into national, State, and local 
                decisionmaking;
                  (D) economic, demographic, and social trends that are 
                affecting and are affected by the transportation 
                system, including such topics as--
                          (i) economic trends, including international 
                        trade and its effects on the transportation of 
                        people and goods, rapidly changing information 
                        technology, the changing nature of metropolitan 
                        economies, diversification of employment sites, 
                        and innovations in goods movement;
                          (ii) demographic trends, changing residential 
                        patterns, and the aging of the population; and
                          (iii) social trends, including income 
                        disparity, access of underserved populations to 
                        jobs, services and health care, including the 
                        needs of low-income, minority, and transit-
                        dependent populations in urban and rural areas, 
                        the needs of rural populations, and the effects 
                        of new technologies on driver behavior;
                  (E) how institutional factors affect the development 
                and successful deployment of new technologies; and
                  (F) other critical issues identified by the Advisory 
                Board established under paragraph (4).
          (3) Establishment.--The Secretary shall enter into an 
        arrangement with the National Research Council to establish the 
        advisory board under paragraph (4) and to administer the 
        program.
          (4) Advisory board.--
                  (A) Membership.--A majority of members of the 
                advisory board shall be experts in a broad array of 
                social science fields. Additional members of the 
                advisory board shall be balanced among representatives 
                of Federal, State, and local transportation agencies, 
                other agencies with appropriate expertise, metropolitan 
                planning organizations, transit operating agencies, and 
                environmental and other nonprofit organizations, 
                including representatives of community-based 
                orgainzations.
                  (B) Responsibilities.--The advisory board shall--
                          (i) develop a detailed research and 
                        development agenda, which shall serve as the 
                        basis of the annual project solicitation;
                          (ii) annually solicit project proposals, 
                        through open competition and peer review of 
                        research and development proposals; and
                          (iii) develop project selection criteria, 
                        through an open and public consultation process 
                        with stakeholders.
          (5) Dissemination of research and development findings.--The 
        National Research Council and the Department of Transportation 
        shall disseminate research and development findings under this 
        subsection to researchers, practitioners, and decisionmakers.
  (e) Road Weather Research and Development Program.--
          (1) Establishment.--The Secretary shall establish a road 
        weather research and development program to--
                  (A) maximize use of available road weather 
                information and technologies;
                  (B) expand road weather research and development 
                efforts to enhance roadway safety, capacity, and 
                efficiency while minimizing environmental impacts; and
                  (C) promote technology transfer of effective road 
                weather scientific and technological advances.
          (2) Stakeholder input.--In carrying out this subsection, the 
        Secretary shall consult with the National Oceanic and 
        Atmospheric Administration, the National Science Foundation, 
        the American Association of State Highway and Transportation 
        Officials, nonprofit organizations, and the private sector.
          (3) Contents.-- The program established under this subsection 
        shall solely carry out research and development called for in 
        the National Research Council's report entitled ``A Research 
        Agenda for Improving Road Weather Services''. Such research and 
        development includes--
                  (A) integrating existing observational networks and 
                data management systems for road weather applications;
                  (B) improving weather modeling capabilities and 
                forecast tools, such as the road surface and 
                atmospheric interface;
                  (C) enhancing mechanisms for communicating road 
                weather information to users, such as transportation 
                officials and the public; and
                  (D) integrating road weather technologies into an 
                information infrastructure.
          (4) Activities.-- In carrying out this subsection, the 
        Secretary shall--
                  (A) enable efficient technology transfer;
                  (B) improve education and training of road weather 
                information users, such as State and local 
                transportation officials and private sector 
                transportation contractors; and
                  (C) coordinate with transportation weather research 
                programs in other modes, such as aviation.
          (5) Funding.--In awarding funds under this subsection, the 
        Secretary shall give preference to applications with 
        significant matching funds from non-Federal sources. From the 
        amounts authorized to be appropriated under section 101(b)(1), 
        there shall be available $5,000,000 for carrying out this 
        subsection for each of fiscal years 2004 through 2009.

SEC. 105. TECHNOLOGY DEPLOYMENT.

  (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 open 
                competition and peer review, and on whether the project 
                that is the subject of the grant serves the purpose 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 and development 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 Bridge Research and Deployment Program.--
          (1) In general.--Section 503(b) of title 23, United States 
        Code, is amended by striking paragraph (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) of such title is amended by 
        striking paragraph (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.''.
  (c) 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, including innovative pavement materials, 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.
          ``(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 open 
                competition and peer review, and 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.''.
  (d) 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 open 
                competition and peer review, and 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.''.

SEC. 106. TRAINING AND EDUCATION.

  (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.--
                  ``(A) In general.--The Institute shall develop or 
                update courses in the subject areas of asset 
                management, application of emerging technologies, 
                including intelligent transportation systems, 
                techniques, methods, regulations, information 
                technology, general management, environmental 
                stewardship, acquisition of rights-of-way, relocation 
                assistance, engineering, safety, transportation system 
                management and operations, construction, maintenance, 
                contract administration, inspection, and finance.
                  ``(B) Additional courses.--In addition to the courses 
                in the subject matter areas described in subparagraph 
                (A), the Institute, in consultation with State 
                transportation departments and the American Association 
                of State Highway and Transportation Officials, may 
                develop other courses as it considers necessary.
                  ``(C) Revision of courses offered.--The Institute 
                shall periodically--
                          ``(i) review the course inventory of the 
                        Institute; and
                          ``(ii) revise or cease to offer courses based 
                        on course content, applicability, and need.''.
  (b) Local Technical Assistance Program.--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 
                (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; or
                  ``(D) 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, is amended--
          (1) in paragraph (3), by--
                  (A) striking ``and'' after subparagraph (G);
                  (B) striking the period after subparagraph (H) and 
                inserting ``; and''; and
                  (C) adding after subparagraph (H) the following:
                  ``(I) surface transportation workforce development, 
                training, and education.'';
          (2) by redesignating paragraphs (34) through (37) as 
        paragraphs (35) through (38) respectively; and
          (3) by adding after paragraph (33), as redesignated by this 
        Act, the following:
          ``(34) 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, including activities for women and 
        minorities.''.
  (e) Garrett A. Morgan Technology and Transportation Education 
Program.--Section 504 of title 23, United States Code, as amended by 
this section, is further amended by adding at the end the following new 
subsection:
  ``(e) Garrett A. Morgan Technology and Transportation Education 
Program.--
          ``(1) In general.--The Secretary shall establish the Garrett 
        A. Morgan Technology and Transportation Education Program to 
        improve the preparation of students, particularly women and 
        minorities, in science, technology, engineering, and 
        mathematics through curriculum development and other activities 
        related to transportation.
          ``(2) Authorized activities.--The Secretary shall award 
        grants under this subsection on the basis of competitive, peer 
        review. Grants awarded under this subsection may be used for 
        enhancing science, technology, engineering, and mathematics at 
        the elementary and secondary school level through such means 
        as--
                  ``(A) internships that offer students experience in 
                the transportation field;
                  ``(B) programs that allow students to spend time 
                observing scientists and engineers in the 
                transportation field; and
                  ``(C) developing relevant curriculum that uses 
                examples and problems related to transportation.
          ``(3) Application and review procedures.--
                  ``(A) In general.--An entity described in 
                subparagraph (C) seeking funding under this subsection 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require. Such application, at a 
                minimum, shall include a description of how the funds 
                will be used and a description of how the funds will be 
                used to serve the purposes described in paragraph (2).
                  ``(B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority to 
                applicants that will encourage the participation of 
                women and minorities.
                  ``(C) Eligibility.--Local education agencies and 
                State education agencies, which may partner with 
                institutions of higher education, businesses, or other 
                entities, shall be eligible to apply for grants under 
                this subsection.
          ``(4) Definitions.--For purposes of this subsection--
                  ``(A) the term `institution of higher education' has 
                the meaning given that term in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001);
                  ``(B) the term `local educational agency' has the 
                meaning given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801); and
                  ``(C) the term `State educational agency' has the 
                meaning given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).
          ``(5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Transportation to carry 
        out this subsection $500,000 for fiscal year 2005 and such sums 
        as may be necessary thereafter.''.

SEC. 107. BUREAU OF TRANSPORTATION STATISTICS.

  Section 111 of title 49, United States Code, is amended to read as 
follows:

``Sec. 111. Bureau of Transportation Statistics

  ``(a) Establishment.--There is established in the Department of 
Transportation a Bureau of Transportation Statistics.
  ``(b) Director.--
          ``(1) Appointment.--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) Qualifications.--The Director shall be appointed from 
        among individuals who are qualified to serve as the Director by 
        virtue of their training and experience in the collection, 
        analysis, and use of transportation statistics.
          ``(3) Reporting.--The Director shall report directly to the 
        Secretary.
          ``(4) Term.--The term of the Director shall be 5 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 shall be 
responsible for carrying out the following duties:
          ``(1) Providing data, statistics, and analysis to 
        transportation decisionmakers.--Ensuring that the statistics 
        compiled under paragraph (5) are designed to support 
        transportation decisionmaking by the Federal Government, State 
        and local governments, metropolitan planning organizations, 
        transportation-related associations, the private sector 
        (including the freight community), and the public.
          ``(2) Coordinating collection of information.--Working 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.
          ``(3) Data modernization.--Continually improving surveys and 
        data collection methods to improve the accuracy and utility of 
        transportation statistics.
          ``(4) Encouraging data standardization.--Encouraging the 
        standardization of data, data collection methods, and data 
        management and storage technologies for data collected by the 
        Bureau, the operating administrations of the Department of 
        Transportation, States, local governments, metropolitan 
        planning organizations, and private sector entities.
          ``(5) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of transportation 
        statistics on the performance and impacts of the national 
        transportation system, including statistics on--
                  ``(A) productivity in various parts of the 
                transportation sector;
                  ``(B) traffic flows for all modes of transportation;
                  ``(C) other elements of the Intermodal Transportation 
                Database established under subsection (g);
                  ``(D) travel times and measures of congestion;
                  ``(E) vehicle weights and other vehicle 
                characteristics;
                  ``(F) demographic, economic, and other variables 
                influencing traveling behavior, including choice of 
                transportation mode, and goods movement;
                  ``(G) transportation costs for passenger travel and 
                goods movement;
                  ``(H) availability and use of mass transit (including 
                the number of passengers served by each mass transit 
                authority) and other forms of for-hire passenger 
                travel;
                  ``(I) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  ``(J) safety and security for travelers, vehicles, 
                and transportation systems;
                  ``(K) consequences of transportation for the human 
                and natural environment;
                  ``(L) the extent, connectivity, and condition of the 
                transportation system, building on the National 
                Transportation Atlas Database developed under 
                subsection (g); and
                  ``(M) transportation-related variables that influence 
                the domestic economy and global competitiveness.
          ``(6) National spatial data infrastructure.--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.
          ``(7) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of Transportation 
        required for statistics to be compiled under paragraph (5) in 
        order to ensure that such information is accurate, reliable, 
        relevant, and in a form that permits systematic analysis. The 
        Bureau shall review and report to the Secretary of 
        Transportation on the sources and reliability of the statistics 
        proposed by the heads of the operating administrations of the 
        Department to measure outputs and outcomes as required by the 
        Government Performance and Results Act of 1993, and the 
        amendments made by such Act, and shall carry out such other 
        reviews of the sources and reliability of other data collected 
        or statistical information published by the heads of the 
        operating administrations of the Department as shall be 
        requested by the Secretary.
          ``(8) Making statistics accessible.--Making the statistics 
        published under this subsection readily accessible.
  ``(d) Information Needs Assessment.--
          ``(1) In general.--Within 60 days after the date of the 
        enactment of the Surface Transportation Research and 
        Development Act of 2004, the Secretary shall enter into an 
        arrangement with the National Research Council to develop and 
        publish a National Transportation Information Needs Assessment. 
        The Assessment shall be transmitted to the Secretary and the 
        Congress not later than 24 months after such arrangement is 
        entered into.
          ``(2) Content.--The Assessment shall--
                  ``(A) identify, in priority order, transportation 
                data that is not being collected by the Bureau, 
                Department of Transportation operating administrations, 
                or other Federal, State, or local entities, but is 
                needed to improve transportation decisionmaking at the 
                Federal, State, and local level and to fulfill the 
                requirements of subsection (c)(5);
                  ``(B) recommend whether the data identified in 
                subparagraph (A) should be collected by the Bureau, 
                other parts of the Department, or by other Federal, 
                State, or local entities, and whether any data is a 
                higher priority than data currently being collected;
                  ``(C) identify any data the Bureau or other Federal, 
                State, and local entities is collecting that is not 
                needed;
                  ``(D) describe new data collection methods (including 
                changes in surveys) and other changes the Bureau or 
                other Federal, State, and local entities should 
                implement to improve the standardization, accuracy, and 
                utility of transportation data and statistics; and
                  ``(E) estimate the cost of implementing any 
                recommendations.
          ``(3) Consultation.--In developing the Assessment, the 
        National Research Council shall consult with the Department's 
        Advisory Council on Transportation Statistics and a 
        representative cross-section of transportation community 
        stakeholders as well as other Federal agencies, including the 
        Environmental Protection Agency, the Department of Energy, and 
        the Department of Housing and Urban Development.
          ``(4) Report to congress.--Not later than 6 months after the 
        National Research Council transmits the Needs Assessment under 
        paragraph (1), the Secretary shall transmit a report to the 
        Committee on Science and the Committee on Transportation and 
        Infrastructure of the House of Representatives, and to the 
        Committee on Environment and Public Works of the Senate, that 
        describes--
                  ``(A) how the Department plans to fill the data gaps 
                identified under paragraph (2)(A);
                  ``(B) how the Department plans to stop collecting 
                data identified under paragraph (2)(C);
                  ``(C) how the Department plans to implement improved 
                data collection methods and other changes identified 
                under paragraph (2)(D);
                  ``(D) the expected costs of implementing 
                subparagraphs (A), (B), and (C) of this paragraph;
                  ``(E) any findings of the Needs Assessment under 
                paragraph (1) with which the Secretary disagrees, and 
                why; and
                  ``(F) any proposed statutory changes needed to 
                implement the findings if the Needs Assessment under 
                paragraph (1).
  ``(e) Intermodal Transportation Data Base.--
          ``(1) In general.--In consultation with the Under Secretary 
        for Policy, the Assistant Secretaries, and the heads of the 
        operating administrations of the Department of Transportation, 
        the Director shall establish and maintain a transportation data 
        base for all modes of transportation.
          ``(2) Use.--The data base shall be suitable for analyses 
        carried out by the Federal Government, the States, and 
        metropolitan planning organizations.
          ``(3) Contents.--The data base shall include--
                  ``(A) information on the volumes and patterns of 
                movement of goods, including local, interregional, and 
                international movement, by all modes of transportation 
                and intermodal combinations, and by relevant 
                classification;
                  ``(B) information on the volumes and patterns of 
                movement of people, including local, interregional, and 
                international movements, by all modes of transportation 
                (including bicycle and pedestrian modes) and intermodal 
                combinations, and by relevant classification;
                  ``(C) information on the location and connectivity of 
                transportation facilities and services; and
                  ``(D) a national accounting of expenditures and 
                capital stocks on each mode of transportation and 
                intermodal combination.
  ``(f) National Transportation Library.--
          ``(1) In general.--The Director shall establish and maintain 
        a National Transportation Library, which shall contain a 
        collection of statistical and other information needed for 
        transportation decisionmaking at the Federal, State, and local 
        levels.
          ``(2) Access.--The Director shall facilitate and promote 
        access to the Library, with the goal of improving the ability 
        of the transportation community to share information and the 
        ability of the Director to make statistics readily accessible 
        under subsection (c)(8).
          ``(3) Coordination.--The Director shall work with other 
        transportation libraries and other transportation information 
        providers, both public and private, to achieve the goal 
        specified in paragraph (2).
  ``(g) National Transportation Atlas Data Base.--
          ``(1) In general.--The Director shall develop and maintain 
        geospatial data bases that depict--
                  ``(A) transportation networks;
                  ``(B) flows of people, goods, vehicles, and craft 
                over the networks; and
                  ``(C) social, economic, and environmental conditions 
                that affect or are affected by the networks.
          ``(2) Intermodal network analysis.--The data bases shall be 
        able to support intermodal network analysis.
  ``(h) 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 as part of the collection of freight data, 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.
  ``(i) Research and Development Grants.--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) for--
          ``(1) investigation of the subjects specified in subsection 
        (c)(5) and research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
          ``(2) demonstration programs by States, local governments, 
        and metropolitan planning organizations to harmonize data 
        collection, reporting, management, storage, and archiving to 
        simplify data comparisons across jurisdictions;
          ``(3) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        National Transportation Library under subsection (f); and
          ``(4) development and improvement of methods for sharing 
        geographic data, in support of the national transportation 
        atlas data base under subsection (g) and the National Spatial 
        Data Infrastructure developed under Executive Order No. 12906.
  ``(j) Limitations on Statutory Construction.--Nothing in this section 
shall be construed--
          ``(1) to authorize the Bureau to require any other department 
        or agency to collect data; or
          ``(2) to reduce the authority of any other officer of the 
        Department of Transportation to collect and disseminate data 
        independently.
  ``(k) Prohibition on Certain Disclosures.--
          ``(1) In general.--An officer or employee 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) Prohibition on requests for certain data.--
                  ``(A) Government agencies.--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) Courts.--Any 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) Applicability.--This paragraph shall apply only 
                to reports that permit information concerning an 
                individual or organization to be reasonably inferred by 
                direct or indirect means.
          ``(3) Data collected for nonstatistical purposes.--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) Transportation Statistics Annual Report.--The Director shall 
transmit to the President and Congress a Transportation Statistics 
Annual Report which shall include information on items referred to in 
subsection (c)(5), documentation of methods used to obtain and ensure 
the quality of the statistics presented in the report, and 
recommendations for improving transportation statistical information.
  ``(m) Proceeds of Data Product Sales.--Notwithstanding section 3302 
of title 31, 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.
  ``(n) Advisory Council on Transportation Statistics.--
          ``(1) Establishment.--The Director of the Bureau of 
        Transportation Statistics shall establish an Advisory Council 
        on Transportation Statistics.
          ``(2) Function.--It shall be the function of the Advisory 
        Council established under this subsection to--
                  ``(A) advise the Director of the Bureau of 
                Transportation Statistics on the quality, reliability, 
                consistency, objectivity, and relevance of 
                transportation statistics and analyses collected, 
                supported, or disseminated by the Bureau of 
                Transportation Statistics and the Department of 
                Transportation;
                  ``(B) provide input to and review the report to 
                Congress under subsection (d)(4); and
                  ``(C) advise the Director on methods to encourage 
                harmonization and interoperability of transportation 
                data collected by the Bureau, the operating 
                administrations of the Department of Transportation, 
                States, local governments, metropolitan planning 
                organizations, and private sector entities.
          ``(3) Membership.--The Advisory Council established under 
        this subsection shall be composed of not fewer than 15 members 
        appointed by the Director, who are not officers or employees of 
        the United States, including--
                  ``(A) 2 members with specific expertise in economics;
                  ``(B) 3 members with expertise in statistics; and
                  ``(C) additional members with expertise in 
                transportation statistics, analysis, or policy.
        Members shall include representatives of a cross-section of 
        transportation community stakeholders.
          ``(4) Terms of appointment.--(A) Except as provided in 
        subparagraph (B), members shall be appointed to staggered terms 
        not to exceed 3 years. A member may be renominated for one 
        additional 3-year term.
          ``(B) Members serving on the Advisory Council on 
        Transportation Statistics as of the date of enactment of the 
        Surface Transportation Research and Development Act of 2004 
        shall serve until the end of their appointed terms.
          ``(5) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act shall apply to the Advisory 
        Council established under this subsection, except that section 
        14 of the Federal Advisory Committee Act shall not apply to 
        such Advisory Council.''.

SEC. 108. STATE PLANNING AND RESEARCH.

  Section 505 of title 23, United States Code, is amended to read as 
follows:

``Sec. 505. State planning and research

  ``(a) In General.--Two and a half percent of the sums apportioned to 
a State for fiscal year 2004 and each fiscal year thereafter under 
section 104 (other than subsections (f) and (h)) and under sections 105 
and 144 shall be available for expenditure by the State, in 
consultation with the Secretary, only for the following purposes:
          ``(1) Engineering and economic surveys and investigations.
          ``(2) The planning of future highway programs and local 
        public transportation systems, the planning of the financing of 
        such programs and systems, including metropolitan and Statewide 
        planning under sections 134 and 135, freight planning, safety 
        planning, transportation systems management and operations 
        planning, transportation-related land use planning, and 
        transportation-related growth management activities within 
        these planning processes, and planning capacity building 
        activities.
          ``(3) Development and implementation of infrastructure 
        management and traffic monitoring systems, and for asset 
        management.
          ``(4) Studies of the economy, safety, and convenience of 
        highway, local public transportation, bicycle, and pedestrian 
        systems and the desirable regulation and equitable taxation of 
        their use.
          ``(5) Research, development, and technology transfer 
        activities necessary in connection with the planning, design, 
        construction, management, maintenance, regulation, and taxation 
        of the use of highway, local public transportation, and 
        intermodal transportation systems, including innovative 
        techniques for ensuring representative public input (e.g. 
        deliberative polling).
          ``(6) Research on the effects of design standards on 
        intermodal coordination, such as the highway-rail interface, 
        and on safe pedestrian access to transit on arterial roads and 
        urban highways.
          ``(7) Study, research and development, and training on the 
        engineering standards and construction materials, including 
        accreditation of inspection and testing, for highway, local 
        public transportation, bicycle, pedestrian, and intermodal 
        transportation systems.
  ``(b) Minimum Expenditures on Research, Development, and Technology 
Transfer Activities.--
          ``(1) In general.--Subject to paragraph (2), not less than 25 
        percent of the funds appropriated pursuant to subsection (a) to 
        a State for a fiscal year shall be expended by the State for 
        research, development, and technology transfer activities 
        described in subsection (a), relating to highway, public 
        transportation, bicycle, pedestrian, and intermodal 
        transportation systems.
          ``(2) Waivers.--The Secretary may waive the application of 
        paragraph (1) with respect to a State for a fiscal year if the 
        State certifies to the Secretary for the fiscal year that the 
        funds described in paragraph (1) are not needed for research, 
        development, and technology transfer and the Secretary accepts 
        such certification.
          ``(3) Nonapplicability of assessment.--Funds expended under 
        paragraph (1) shall not be considered to be part of the 
        extramural budget of the agency for the purpose of section 9 of 
        the Small Business Act (15 U.S.C. 638).
  ``(c) Minimum Expenditures for Improving the Quality of Collection 
and Reporting of Strategic Surface Transportation Data.--
          ``(1) In general.--Subject to paragraph (2), not less than 10 
        percent of the funds appropriated pursuant to subsection (a) 
        for a fiscal year to a State shall be expended by the State to 
        improve the collection and reporting of strategic surface 
        transportation data to provide critical information about the 
        extent, condition, use, performance, and financing of the 
        Nation's surface transportation system (including intermodal 
        connectors) for passenger and freight movement.
          ``(2) Waivers.--The Secretary may waive the application of 
        paragraph (1) with respect to a State for a fiscal year if the 
        State certifies to the Secretary for the fiscal year that the 
        State is collecting and reporting strategic data consistent 
        with quality assurance guidelines developed cooperatively with 
        the States and the Secretary approves such certification.
  ``(d) Federal Share.--The Federal share of the cost of a project 
carried out using funds subject to subsection (a) shall be matched in 
accordance with section 120(b) unless the Secretary determines that the 
interests of the surface transportation program would be best served 
without such matching.''.

SEC. 109. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

  (a) Amendment.--Chapter 5 of title 23, United States Code, is amended 
by adding at the end the following new section:

``Sec. 509. Future Strategic Highway Research Program

  ``(a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation Officials, 
shall establish and support a grant program to be known as the Future 
Strategic Highway Research Program.
  ``(b) Program.--The program established under this section shall 
implement the Transportation Research Board Special Report 260, 
entitled `Strategic Highway Research: Saving Lives, Reducing 
Congestion, Improving Quality of Life', which included the following 
research areas:
          ``(1) Accelerating the renewal of America's highways.
          ``(2) Making a significant improvement in highway safety.
          ``(3) Providing a highway system with reliable travel times.
          ``(4) Providing highway capacity in support of the Nation's 
        economic, environmental, multi-modal transportation, and social 
        goals.
  ``(c) Administration.--The Secretary shall enter into an arrangement 
with the National Research Council to administer the program 
established under subsection (a).
  ``(d) Period of Availability.--Funds set aside to carry out this 
section shall remain available for the fiscal year for which such funds 
are made available and the three succeeding fiscal years.
  ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation from the Highway Trust 
Fund, for each of fiscal years 2004 through 2009, $75,000,000 to carry 
out this section.
  ``(f) Program Administration.--In carrying out the program under this 
section, the Secretary, through the agreement with the National 
Research Council, shall ensure that the selection of awards shall be 
based on open competition and peer review, and that a balanced group of 
stakeholders is represented on all committees and panels established to 
implement the program. Proposals that involve partnerships and include 
significant matching funds shall be encouraged, although no matching 
funds are required.
  ``(g) Programmatic Evaluations.--Within 3 years after the first 
research and development project grants, cooperative agreements, or 
contracts are awarded under this section, the Comptroller General shall 
review the program under this section, and recommend improvements. The 
review shall assess the degree to which projects funded under this 
section have addressed the research and development topics identified 
in the Transportation Research Board Special Report 260, including 
identifying those topics which have not yet been addressed.
  ``(h) Annual Progress and Performance Report.--The National Research 
Council shall produce an annual progress and performance report for the 
program under this section. The report shall summarize the status, 
funding, and sponsors of all funded projects by the research and 
development areas specified in subsection (b). The report shall be 
submitted to the Secretary, to the Committee on Transportation and 
Infrastructure and the Committee on Science of the House of 
Representatives, and to the Committee on Environment and Public Works 
of the Senate.''.
  (b) Conforming Amendment.--The analysis of chapter 5 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``509. Future strategic highway research program.''.

SEC. 110. UNIVERSITY TRANSPORTATION RESEARCH.

  Section 5505 of title 49, United States Code, is amended to read as 
follows:

``Sec. 5505. University transportation research

  ``(a) Regional Centers.--The Secretary of Transportation shall make 
grants to nonprofit institutions of higher learning to establish and 
operate 1 university transportation center in each of the 10 United 
States Government regions that comprise the Standard Federal Regional 
Boundary System.
  ``(b) Other Centers.--The Secretary shall make 16 grants to nonprofit 
institutions of higher learning, in addition to grants made under 
subsection (a), to establish and operate university transportation 
centers.
  ``(c) Role of Centers.--The role of each center shall be 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.
  ``(d) Selection of Grant Recipients.--
          ``(1) Applications.--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) Selection criteria.--Except as otherwise provided by 
        this section, the Secretary shall select each recipient of a 
        grant under this section through an open competition, peer-
        reviewed process on the basis of the following:
                  ``(A) The capability of the recipient to provide 
                leadership in making national and regional 
                contributions to the solution of immediate and long-
                range transportation problems.
                  ``(B) The recipient's establishment of a surface 
                transportation program by the date of the award, which 
                encompasses several modes of transportation.
                  ``(C) The recipient's demonstrated ability to 
                disseminate results of transportation research and 
                education programs through a statewide or regionwide 
                continuing education program.
                  ``(D) The strategic plan the recipient proposes to 
                carry out under the grant.
  ``(e) Objectives.--The Secretary shall ensure that each university 
transportation center receiving a grant under this section shall 
conduct the following programs and activities:
          ``(1) Basic and applied research and development that 
        supports the Department's research and development agenda 
        consistent with section 508 of title 23.
          ``(2) An education program that includes multidisciplinary 
        course work, faculty and student participation in research and 
        development, and an opportunity for practical experience.
          ``(3) An ongoing program of technology transfer that makes 
        research and development results available to potential users 
        in a form that can be implemented, utilized, or otherwise 
        applied.
  ``(f) Maintenance of Effort.--To be eligible to receive a grant under 
this section, an applicant shall--
          ``(1) enter into an agreement with the Secretary to ensure 
        that the applicant will maintain total expenditures from all 
        other sources to establish and operate a university 
        transportation center and related educational and research and 
        development activities at a level that is at least equal to the 
        average level of those expenditures during the 2 fiscal years 
        before the date on which the grant is provided;
          ``(2) submit to the Secretary an annual report on the 
        projects and activities of the university transportation center 
        for which funds are made available for the fiscal year covered 
        by the report, a description of--
                  ``(A) the educational activities carried out by the 
                center (including a detailed summary of the budget for 
                those educational activities);
                  ``(B) each research and development project carried 
                out by the center, including--
                          ``(i) the identity of the principal 
                        investigator working on a research and 
                        development project; and
                          ``(ii) the overall funding amount for each 
                        research and development project (including the 
                        amounts expended for the project as of the date 
                        of the report); and
                  ``(C) overall technology transfer and implementation 
                efforts of the center; and
          ``(3) make use of National Research Council, Transportation 
        Research Board, and Transportation Research Information 
        Services online databases for--
                  ``(A) program development and strategic planning;
                  ``(B) reporting of activities funded under this 
                section; and
                  ``(C) input and dissemination of results and reports 
                from completed research and development.
  ``(g) Federal Share.--The Federal share of the costs of activities 
carried out using a grant made under subsection (a) is 80 percent of 
costs, and under subsection (b) is 50 percent of costs. The non-Federal 
share may include funds provided to a recipient under section 503, 
504(b), or 505 of title 23, United States Code.
  ``(h) Program Coordination.--
          ``(1) Coordination.--The Secretary shall coordinate the 
        research and development, education, training, and technology 
        transfer activities that grant recipients carry out under this 
        section.
          ``(2) Annual review and evaluation.--At least annually and 
        consistent with the plan developed by the recipient under 
        subsection (f)(2), the Secretary shall review and evaluate 
        programs the grant recipients carry out.
          ``(3) Funding limitation.--The Secretary may use not more 
        than 1 percent of amounts made available from Government 
        sources to carry out this subsection.
  ``(i) 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.
  ``(j) Transportation Education Development Pilot Program.--
          ``(1) Establishment.--The Secretary shall establish a program 
        to make grants to institutions of higher education that in 
        partnership with industry or State Departments of 
        Transportation will develop, test, and revise new curricula and 
        education programs to train individuals at all levels of the 
        transportation workforce.
          ``(2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the Secretary 
        shall consider--
                  ``(A) the degree to which the new curricula or 
                education program meets the specific needs of a segment 
                of the transportation industry, States, or regions;
                  ``(B) providing for practical experience and on-the-
                job training;
                  ``(C) proposals oriented toward practitioners in the 
                field rather than the support and growth of the 
                research community;
                  ``(D) the degree to which the new curricula or 
                program will provide training in areas other than 
                engineering, such as business administration, 
                economics, information technology, environmental 
                science, and law;
                  ``(E) programs or curricula in nontraditional 
                departments which train professionals for work in the 
                transportation field, such as materials, information 
                technology, environmental science, urban planning, and 
                industrial technology; and
                  ``(F) industry or a State's Department of 
                Transportation commitment to the program.
          ``(3) Authorization of appropriations.--From amounts 
        authorized under section 101(b)(4) of the Surface 
        Transportation Research and Development Act of 2004 for 
        carrying out this section, for each of fiscal years 2004, 2005, 
        2006, 2007, 2008, and 2009, there shall be available for 
        carrying out this subsection $4,500,000.
          ``(4) Limitations.--No individual grant under this subsection 
        shall exceed $750,000 per year. After a recipient has received 
        3 years of Federal funding under this subsection, Federal 
        funding may equal no more than 75 percent of a grantee's 
        program costs.
  ``(k) National Transportation Security Centers.--
          ``(1) Establishment.--The Secretary shall establish not more 
        than 4 National Transportation Security Centers at institutions 
        of higher education to conduct research, education, and 
        professional training on all aspects of surface transportation 
        security, with emphasis on utilization of intelligent 
        transportation systems, technologies, and architectures.
          ``(2) Selection criteria.--The Secretary shall make grants 
        using a competitive peer-reviewed procedure that gives priority 
        to--
                  ``(A) institutions with a commitment to 
                transportation security issues;
                  ``(B) proposals that include partnerships with other 
                institutions of higher education, federally funded 
                research and development centers, or other nonprofit 
                laboratories;
                  ``(C) proposals to conduct both practical and 
                theoretical research and technical systems analysis; 
                and
                  ``(D) proposals to develop professional training 
                programs.''.

SEC. 111. INTELLIGENT TRANSPORTATION SYSTEMS.

  (a) Amendment.--Subtitle C of title V of the Transportation Equity 
Act for the 21st Century is amended to read as follows:

            ``Subtitle C--Intelligent Transportation Systems

``SEC. 5201. SHORT TITLE.

  ``This subtitle may be cited as the `Intelligent Transportation 
Systems Act of 2004'.

``SEC. 5202. 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, motorcycles, and bicycles, and 
        including pedestrians and 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 transportation system program to, at a minimum--
          ``(1) develop and test emerging technologies to meet the 
        goals described in subsection (a);
          ``(2) expedite deployment and ensure integration and 
        interoperability of proven intelligent transportation systems;
          ``(3) analyze the likelihood of utilization of intelligent 
        transportation system technologies by the intended user 
        community;
          ``(4) ensure that Federal, State, and local transportation 
        officials have adequate knowledge of intelligent transportation 
        systems for full consideration in the transportation planning 
        process;
          ``(5) improve regional cooperation and operations planning 
        for effective intelligent transportation system deployment;
          ``(6) promote the innovative use of private resources;
          ``(7) develop a workforce capable of developing, operating, 
        and maintaining intelligent transportation systems; and
          ``(8) evaluate costs and benefits of intelligent 
        transportation systems projects.

``SEC. 5203. 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 proven 
systems through research on barriers to deployment as a component of 
the surface transportation systems of the United States.
  ``(b) Policy.--Intelligent transportation system research, 
development, operational tests, and deployment projects funded pursuant 
to this subtitle shall encourage and not displace public-private 
partnerships or private sector investment in such research and 
development 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, federally 
funded research and development centers, 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, may consult with the Secretary of Commerce, the Secretary 
of the Treasury, the Secretary of Homeland Security, 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 
shall 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 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) make that information (except for proprietary 
                information and data) readily available to all users of 
                the repository.
          ``(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).
                  ``(B) Federal financial assistance.--If the Secretary 
                delegates responsibility under subparagraph (A), the 
                entity to which the responsibility is delegated shall 
                be eligible for Federal financial assistance under this 
                section.
  ``(h) Advisory Committee.--
          ``(1) In general.--The Secretary shall establish an Advisory 
        Committee to advise the Secretary on carrying out this 
        subtitle.
          ``(2) Membership.--The Advisory Committee shall have no more 
        than 20 members, be balanced between metropolitan and rural 
        interests, and include, at a minimum--
                  ``(A) a representative from a State highway 
                department;
                  ``(B) a representative from a local highway 
                department who is not from a metropolitan planning 
                organization;
                  ``(C) a representative from a State, local, or 
                regional transit agency;
                  ``(D) a representative from a metropolitan planning 
                organization;
                  ``(E) a private sector user of intelligent 
                transportation system technologies;
                  ``(F) an academic researcher with expertise in 
                computer science or another information science field 
                related to intelligent transportation systems, and who 
                is not an expert on transportation issues;
                  ``(G) an academic researcher who is a civil engineer;
                  ``(H) an academic researcher who is a social 
                scientist with expertise in transportation issues;
                  ``(I) a representative from a not-for-profit group 
                representing the intelligent transportation system 
                industry;
                  ``(J) a representative from a public interest group 
                concerned with safety;
                  ``(K) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on land use and residential patterns; and
                  ``(L) members with expertise in planning, safety, and 
                operations.
          ``(3) Duties.--The Advisory Committee shall, at a minimum, 
        perform the following duties:
                  ``(A) Provide input into the development of the 
                Intelligent Transportation System aspects of the 
                strategic plan under section 508 of title 23, United 
                States Code.
                  ``(B) Review, at least annually, areas of intelligent 
                transportation systems research being considered for 
                funding by the Department, to determine--
                          ``(i) whether these activities are likely to 
                        advance either the state-of-the-practice or 
                        state-of-the-art in intelligent transportation 
                        systems;
                          ``(ii) whether the intelligent transportation 
                        system technologies are likely to be deployed 
                        by users, and, if not, to determine the 
                        barriers to deployment; and
                          ``(iii) the appropriate roles for government 
                        and the private sector in investing in the 
                        research and technologies being considered.
          ``(4) Report.--Not later than February 1 of each year after 
        the date of enactment of the Surface Transportation Research 
        and Development Act of 2004, the Secretary shall transmit to 
        the Committee on Science and the Committee on Transportation 
        and Infrastructure of the House of Representatives, and to the 
        Committee on Environment and Public Works of the Senate, a 
        report including--
                  ``(A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  ``(B) an explanation of how the Secretary has 
                implemented those recommendations; and
                  ``(C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          ``(5) Applicability of federal advisory committee act.--The 
        Advisory Committee 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 model deployment projects carried 
                out under this subtitle.
                  ``(B) Content.--Such evaluations shall include 
                specific, quantitative measures to determine whether a 
                technology is meeting its intended goal. To the maximum 
                extent practicable, these measures shall evaluate the 
                outcome of the technology (such as accidents avoided or 
                decreased travel times or travel time variability).
                  ``(C) 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.
                  ``(D) 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.
                  ``(E) Dissemination.--The Secretary shall make 
                readily available through the Internet all information 
                collected through evaluations carried out under this 
                subsection.
          ``(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, United States Code.

``SEC. 5204. USING INFORMATION FROM INTELLIGENT TRANSPORTATION SYSTEMS.

  ``(a) Report.--The Secretary shall prepare a report assessing the 
value of current and anticipated data collected from intelligent 
transportation system technologies to determine whether and how that 
data should be used for real-time traffic management, planning, 
performance monitoring, program assessment, and policy applications.
  ``(b) Assessment.--In preparing the report under subsection (a), the 
Secretary should assess--
          ``(1) the extent to which data should be centralized 
        nationally in support of national planning and goals, what 
        information should be aggregated regionally, and what 
        information should be kept locally;
          ``(2) the need for data standards;
          ``(3) public and private data sources other than intelligent 
        transportation system data sources (such as roadway 
        characteristics inventories and incident information) that, 
        combined with intelligent transportation system data, would 
        enhance the utility of intelligent transportation system data 
        to decisionmakers, and how these data sources can be merged; 
        and
          ``(4) how to make data accessible to users.
  ``(c) Consultation.--In developing the strategy under this section, 
the Secretary shall consult with the Bureau of Transportation 
Statistics and the advisory committee established under section 
5203(h).
  ``(d) Report to Congress.--Not later than 2 years after the date of 
the enactment of this subsection, the Secretary shall transmit to the 
Committee on Science and the Committee on Transportation and 
Infrastructure of the House of Representatives, and to the Committee on 
Environment and Public Works of the Senate, the report developed under 
this section.

``SEC. 5205. 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 (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) Goal.--The goal of the national architecture and 
        standards shall be to ensure, whenever it is appropriate, 
        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.
          ``(4) Standard validation.--The Secretary shall ensure that 
        new standards promulgated for intelligent transportation system 
        technologies that are funded by the Department are tested and 
        validated, whenever it is appropriate, and shall ensure that 
        the results of such testing and validation are made publicly 
        available.
  ``(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)(1) and (2), 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) 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 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 
                and development 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 the Transportation Equity Act for the 21st 
                Century, 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 
        the Transportation Equity Act for the 21st Century.

``SEC. 5206. RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Secretary shall carry out a comprehensive 
program of research, development, and operational tests of intelligent 
vehicles and intelligent infrastructure systems, as well as research 
into barriers to their deployment, 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) are aimed at reducing congestion and improving mobility 
        and efficiency;
          ``(2) are aimed at improving safety;
          ``(3) are aimed at improving security by focusing on 
        responding to security-related emergencies, and preventing such 
        emergencies;
          ``(4) incorporate human factors research, including the 
        science of the driving process;
          ``(5) develop methods to address nontechnical barriers to the 
        deployment of intelligent transportation system technologies, 
        and the best ways to develop partnerships to successfully 
        deploy intelligent transportation system technologies;
          ``(6) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies;
          ``(7) incorporate research on the impact of environmental, 
        weather, and natural conditions on intelligent transportation 
        systems, including the effects of cold climates;
          ``(8) utilize interdisciplinary approaches to develop traffic 
        management strategies and tools to address multiple impacts of 
        congestion concurrently;
          ``(9) are aimed at improving the efficiency of goods 
        movement, such as through real-time tracking and management; or
          ``(10) facilitate high-performance transportation systems, 
        through methods such as congestion pricing, real-time facility 
        management, rapid emergency response, and just-in-time transit.
  ``(c) Operational Tests.--Operational tests shall be used to evaluate 
promising technologies that have not yet been demonstrated. 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. 5207. USE OF FUNDS.

  ``(a) Congestion Reduction.--At least \1/3\ of funds made available 
under section 5206 for intelligent transportation systems research and 
development shall be used to research, develop, and operationally test 
technologies whose primary purpose is to reduce congestion.
  ``(b) 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.
  ``(c) 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. 5208. DEFINITIONS.

  ``In this subtitle, the following definitions apply:
          ``(1) Intelligent transportation infrastructure.--The term 
        `intelligent transportation infrastructure' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
          ``(2) 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.
          ``(3) 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.
          ``(4) 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.
          ``(5) State.--The term `State' has the meaning given the term 
        under section 101 of title 23, United States Code.''.
  (b) Table of Contents Amendment.--The items relating to subtitle C of 
title V in the table of contents of the Transportation Equity Act for 
the 21st Century are amended to read as follows:

            ``Subtitle C--Intelligent Transportation Systems

``Sec. 5201. Short title.
``Sec. 5202. Goals and purposes.
``Sec. 5203. General authorities and requirements.
``Sec. 5204. Using information from intelligent transportation systems.
``Sec. 5205. National architecture and standards.
``Sec. 5206. Research and development.
``Sec. 5207. Use of funds.
``Sec. 5208. Definitions.''.

                        TITLE II--MISCELLANEOUS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  (a) Transit Research and Development.--There are authorized to be 
appropriated from the Highway Trust Fund to the Secretary of 
Transportation to carry out sections 5312, 5313, 5314, 5315, and 5322 
of title 49, United States Code, and section 202 of this Act, relating 
to research and development, such sums as may be necessary for each of 
the fiscal years 2004 through 2009.
  (b) Highway Safety Research and Development.--There are authorized to 
be appropriated from the Highway Trust Fund to the Secretary of 
Transportation to carry out section 403 of title 23, United States 
Code, relating to research and development, such sums as may be 
necessary for each of the fiscal years 2004 through 2009.
  (c) Motor Carrier Research and Development.--There are authorized to 
be appropriated from the Highway Trust Fund to the Secretary of 
Transportation to carry out section 31108 of title 49, United States 
Code, relating to research and development, such sums as may be 
necessary for each of the fiscal years 2004 through 2009.

SEC. 202. INNOVATIVE PRACTICES AND TECHNOLOGIES DEMONSTRATION AND 
                    DEPLOYMENT PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish 
an Innovative Practices and Technologies Demonstration and Deployment 
Program.
  (b) Program Goals.--The goals of the program are to--
          (1) demonstrate promising new transit practices and 
        technologies, including new business models for managing and 
        operating transit systems, that may increase ridership, 
        increase accessibility, reduce cost, improve customer 
        satisfaction, and improve safety;
          (2) evaluate, refine, and document the performance, benefits, 
        and costs of innovative transit practices and technologies; and
          (3) effectively disseminate information to accelerate 
        deployment of innovative transit practices and technologies.
  (c) Grants, Cooperative Agreements, and Contracts.--The Secretary may 
make grants to, or enter into cooperative agreements or contracts with, 
transit agencies, States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit organizations to pay 
the Federal share of the cost of demonstration and deployment projects 
concerning innovative practices and technologies.
  (d) Applications.--To receive a grant, cooperative agreement, or 
contract under this section, an entity described in subsection (c) 
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 through an open 
competition based on the following criteria:
          (1) Whether the project meets the goals of the program.
          (2) Peer review of the proposal.
          (3) The likelihood that the project will result in more 
        widespread deployment of the practice or technology being 
        proposed.
          (4) Preference shall be given to an application that 
        represents a public-private partnership.
  (e) Technology and Information Transfer.--The Secretary shall ensure 
that information about innovative practices and technologies supported 
under this section is made available to transit agencies, State and 
local transportation departments, and other interested parties. 
Information disseminated under this subsection shall include both the 
costs and benefits of deploying an innovative practice or technology, 
and shall document--
          (1) best practices for adopting successful practices or 
        technologies; and
          (2) the transferability of these practices and technologies.
  (f) Federal Share.--The Federal share of the cost of a project under 
this section shall be determined by the Secretary.

SEC. 203. NATIONAL TRANSIT INSTITUTE.

  Section 5315 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking ``public mass transportation'' and 
                inserting ``public transportation'';
                  (B) by striking ``mass'' after ``Government-aid'' and 
                inserting ``public''; and
                  (C) in paragraphs (1), (6), (7), and (10) by striking 
                ``mass'' each place it appears before 
                ``transportation'' and inserting ``public''; and
          (2) in subsection (d) by striking ``mass'' each place it 
        appears.

SEC. 204. HUMAN RESOURCE PROGRAMS.

  (a) In General.--Section 5322 of title 49, United States Code, is 
amended--
          (1) by inserting ``(a) In General.--'' before the beginning 
        of the first sentence of the section; and
          (2) by adding the following at the end:
  ``(b) Grants to Higher Learning Institutions.--
          ``(1) The Secretary (or the Secretary of Housing and Urban 
        Development when required by section 5334(i) of this title) may 
        make grants to nonprofit institutions of higher learning--
                  ``(A) to conduct competent research and development 
                and investigations into the theoretical or practical 
                problems of urban transportation; and
                  ``(B) to train individuals to conduct further 
                research and development or obtain employment in an 
                organization that plans, builds, operates, or manages 
                an urban transportation system.
          ``(2) Research and investigations under this subsection 
        include--
                  ``(A) the design and use of urban public 
                transportation systems and urban roads and highways;
                  ``(B) the interrelationship between various modes of 
                urban and interurban transportation;
                  ``(C) the role of transportation planning in overall 
                urban planning;
                  ``(D) public preferences in transportation;
                  ``(E) the economic allocation of transportation 
                resources; and
                  ``(F) the legal, financial, engineering, and esthetic 
                aspects of urban transportation.
          ``(3) When making a grant under this subsection, the 
        Secretary shall give preference to an institution that brings 
        together knowledge and expertise in the various social science 
        and technical disciplines related to urban transportation 
        problems.
  ``(c) Fellowships.--
          ``(1) The Secretary may make grants to States, local 
        governmental authorities, and operators of public 
        transportation systems to provide fellowships to train 
        personnel employed in managerial, technical, and professional 
        positions in the mass transportation field.
          ``(2) A fellowship under this subsection may be for not more 
        than one year of training in an institution that offers a 
        program applicable to the public transportation industry. The 
        recipient of the grant shall select an individual on the basis 
        of demonstrated ability and for the contribution the individual 
        reasonably can be expected to make to an efficient public 
        transportation operation. A grant for a fellowship may not be 
        more than the lesser of $65,000 or 75 percent of--
                  ``(A) tuition and other charges to the fellowship 
                recipient;
                  ``(B) additional costs incurred by the training 
                institution and billed to the grant recipient; and
                  ``(C) the regular salary of the fellowship recipient 
                for the period of the fellowship to the extent the 
                salary is actually paid or reimbursed by the grant 
                recipient.
  ``(d) Other Grants.--The Secretary may make grants to State and local 
governmental authorities for projects that will use innovative 
techniques and methods in managing and providing public 
transportation.''.

SEC. 205. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

  Section 403(a) (Authority of the Secretary) of title 23, United 
States Code, is amended by adding the following paragraphs at the end:
          ``(4) Emergency medical services.--In addition to the 
        authority provided under this subsection, the Secretary is 
        authorized to use funds appropriated to carry out this section 
        to enhance coordination among Federal agencies involved with 
        State, local, tribal, and community-based emergency medical 
        services. In exercising this authority, the Secretary may 
        coordinate with State and local governments, the Bureau of 
        Indian Affairs on behalf of Indian tribes, private industry, 
        and other interested parties; collect and exchange emergency 
        medical services data and information; examine emergency 
        medical services needs, best practices, and related technology; 
        and develop emergency medical services standards and 
        guidelines, and plans for the assessment of emergency medical 
        services systems.
          ``(5) International cooperation.--In addition to the 
        authority provided under this subsection, the Secretary is 
        authorized to use funds appropriated to carry out this section 
        to participate and cooperate in international activities to 
        enhance highway safety by such means as exchanging safety 
        information; conducting safety research and development; and 
        examining safety needs, best practices, and new technology.
          ``(6) National motor vehicle crash causation survey.--In 
        addition to the authority provided under this subsection, the 
        Secretary is authorized to use funds appropriated to carry out 
        this section to develop and conduct a nationally representative 
        survey to collect on-scene motor vehicle crash causation 
        data.''.

SEC. 206. MOTOR CARRIER RESEARCH AND DEVELOPMENT PROGRAM.

  (a) In General.--Title 49, United States Code, is amended by 
repealing section 31108 and inserting the following new section, to 
read as follows:

``Sec. 31108. Motor carrier research and development program

  ``(a) Research, Development, and Technology Transfer Activities.--
          ``(1) The Secretary of Transportation shall establish and 
        carry out a motor carrier research and development program. The 
        Secretary may carry out research, development, technology, and 
        technology transfer activities with respect to--
                  ``(A) the causes of accidents, injuries and 
                fatalities involving commercial motor vehicles; and
                  ``(B) means of reducing the number and severity of 
                accidents, injuries and fatalities involving commercial 
                motor vehicles.
          ``(2) The Secretary may test, develop, or assist in testing 
        and developing any material, invention, patented article, or 
        process related to the research and development program.
          ``(3) The Secretary may use the funds appropriated to carry 
        out this section for training or education of commercial motor 
        vehicle safety personnel, including, but not limited to, 
        training in accident reconstruction and detection of controlled 
        substances or other contraband, and stolen cargo or vehicles.
          ``(4) The Secretary may carry out this section--
                  ``(A) independently;
                  ``(B) in cooperation with other Federal departments, 
                agencies, and instrumentalities and federally funded 
                research and development centers; or
                  ``(C) by making grants to, or entering into contracts 
                or cooperative agreements with, any federally funded 
                research and development center, State agency, 
                authority, association, institution, for-profit or non-
                profit corporation, organization, foreign country, or 
                person.
          ``(5) The Secretary shall use funds made available to carry 
        out this section to develop, administer, communicate, and 
        promote the use of products of research, technology, and 
        technology transfer programs under this section.
  ``(b) Collaborative Research and Development.--
          ``(1) To advance innovative solutions to problems involving 
        commercial motor vehicle and motor carrier safety, security, 
        and efficiency, and to stimulate the deployment of emerging 
        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, 
                and sole proprietorships that are incorporated or 
                established under the laws of any State; and
                  ``(B) federally funded research and development 
                centers.
          ``(2) 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)(A) 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) All costs directly incurred by the non-Federal 
        partners, including personnel, travel, and hardware or software 
        development costs, shall be credited toward the non-Federal 
        share of the cost of the activities described in subparagraph 
        (A).
          ``(4) 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) Section 3705 of title 41, United States Code, shall not 
        apply to a contract or agreement entered into under this 
        section.''.
  (b) Conforming Amendment.--The table of sections at the beginning of 
chapter 311 of title 49, United States Code, is amended by revising the 
item relating to section 31108 to read as follows:

``31108. Motor carrier research and development program.''.

SEC. 207. TRANSPORTATION, ENERGY, AND ENVIRONMENT.

  (a) In General.--As part of the National Climate Change Technology 
Initiative and the Climate Change Research Initiative, the Secretary 
shall establish and carry out a multimodal energy and climate change 
program to study the relationship of transportation, energy, and 
climate change.
  (b) Contents.--The program to be carried out under this section shall 
include, but not be limited to, research and development designed to--
          (1) identify, develop and evaluate strategies to improve 
        energy efficiency and reduce greenhouse gas emissions from 
        transportation sources; and
          (2) identify and evaluate the potential effects of climate 
        changes on the Nation's transportation systems, and strategies 
        to address these effects.
  (c) Project Selection.--Activities to be undertaken in this program 
will be determined by an internal steering committee established by the 
Secretary of Transportation. This intermodal committee shall include 
representatives from the Office of the Secretary and operating 
administrations within the Department of Transportation as designated 
by the Secretary.
  (d) Grants, Cooperative Agreements and Contracts.--The Secretary may 
carry out this program independently or by making grants to, or 
entering into contracts and cooperative agreements with, a Federal 
agency, State agency, local agency, authority, association, nonprofit 
or for-profit corporation, or institution of higher education.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, from the Highway Trust Fund and 
the Airport and Airway Trust Fund, such sums as may be necessary for 
each of fiscal years 2004 through 2009.

SEC. 208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH AND 
                    DEVELOPMENT PROGRAM.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 510. National cooperative freight transportation research and 
                    development program

  ``(a) Establishment.--The Secretary shall establish and support a 
national cooperative freight transportation research and development 
program. The program shall focus on all forms of freight 
transportation, including trucking and rail.
  ``(b) Agreement.--The Secretary shall enter into an arrangement with 
the National Research Council to support and carry out administrative 
and management activities relating to the governance of the national 
cooperative freight transportation research and development program.
  ``(c) Advisory Committee.--The National Research Council shall select 
an advisory committee consisting of a representative cross-section of 
freight stakeholders, including the Department of Transportation, other 
Federal agencies, State transportation departments, local governments, 
the American Association of State Highway and Transportation Officials 
and other nonprofit entities (including environmental groups), 
academia, and the private sector.
  ``(d) Governance.--The national cooperative freight transportation 
research and development program established under this section shall 
include the following administrative and management elements:
          ``(1) National research and development agenda.--The advisory 
        committee, in consultation with stakeholders, shall recommend a 
        national research and development agenda for the national 
        cooperative freight transportation research and development 
        program. The national research and development agenda shall 
        include a multi-year strategic plan.
          ``(2) Stakeholder involvement.--Stakeholders may--
                  ``(A) submit research and development proposals to 
                the advisory committee;
                  ``(B) participate in merit reviews of research and 
                development proposals and peer reviews of research and 
                development products; and
                  ``(C) receive research and development results.
          ``(3) Open competition and peer review of research and 
        development proposals.--The National Research Council shall 
        award research and development contracts and grants through 
        open competition and peer review conducted on a regular basis.
          ``(4) Evaluation of research.--
                  ``(A) Peer review.--Research and development 
                contracts and grants shall allow peer review of the 
                research and development results.
                  ``(B) Programmatic evaluations.--The National 
                Research Council may conduct periodic programmatic 
                evaluations on a regular basis.
          ``(5) Dissemination of research findings.--The National 
        Research Council shall disseminate research and development 
        findings to researchers, practitioners, and decisionmakers.
  ``(e) Contents.--The national research and development agenda for the 
national cooperative freight transportation research and development 
program required under subsection (d)(1) may include research and 
development in the following areas:
          ``(1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
          ``(2) Alternative approaches to calculating the contribution 
        of truck traffic to congestion on specific highway segments.
          ``(3) The feasibility of freight villages as a means of 
        consolidating origins and destinations for freight movement.
          ``(4) Methods for incorporating estimates of international 
        trade into landside transportation planning.
          ``(5) The use of technology applications to increase capacity 
        of highway lanes dedicated to truck-only traffic.
          ``(6) Development of physical and policy alternatives for 
        separating car and truck traffic.
          ``(7) Ways to synchronize infrastructure improvements with 
        freight transportation demand.
          ``(8) Additional priorities to identify and address the 
        emerging and future research and development needs related to 
        freight transportation.
  ``(f) Funding.--
          ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out using such funds shall be up to 100 
        percent, and such funds shall remain available until expended.
          ``(2) Use of non-federal funds.--In addition to using funds 
        authorized for this section, the National Research Council may 
        seek and accept additional funding sources from public and 
        private entities capable of 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), 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 adding at the end the following new 
item:

``510. National cooperative freight transportation research and 
development program.''.

SEC. 209. NEXT GENERATION NATIONAL TRANSPORTATION POLICY STUDY 
                    COMMISSION.

  (a) Establishment of Commission.--(1) The President shall established 
a Commission to be known as the Next Generation National Transportation 
Policy Study Commission, in this section referred to as the 
``Commission''.
  (2) The Commission shall make a full and complete investigation and 
study of the transportation needs and of the resources, requirements, 
and policies of the United States to meet such expected needs. It shall 
take into consideration all reports on national transportation policy 
which have been submitted to Congress in the last decade, including all 
reports referenced in the Intermodal Surface Transportation Efficiency 
Act of 1991 and the Transportation Equity Act for the 21st Century. It 
shall also take into consideration the changes in global trade and its 
impact on the Nation's economy. It shall evaluate the relative merits 
of all modes of transportation in meeting our Nation's transportation 
needs. It shall take into account the link between transportation and 
the natural environment. Based on such study, it shall recommend 
changes to existing policies and any new policies that are most likely 
to ensure that adequate multimodal transportation systems are in place 
which will meet the needs for a safe and efficient movement of people 
and goods and also support and grow the national economy.
  (b) Membership.--The Commission shall be comprised of 16 members 
appointed by the President from among individuals who are knowledgeable 
in transportation activities, including individuals representing State 
and local governments, metropolitan planning organizations, 
transportation-related industries, academic and technical institutions, 
and public interest organizations involved with scientific, regulatory, 
economic, and environmental transportation activities. The membership 
of the Commission shall be balanced geographically to the extent 
consistent with maintaining the highest level of expertise on the 
Commission. Members shall be appointed for the life of the Commission 
as follows:
          (1) 4 shall be appointed from a list of 8 individuals who 
        shall be recommended by the majority leader of the Senate in 
        consultation with the Chairman of the Committee on Environment 
        and Public Works, and the Chairman of the Committee on 
        Commerce, Science and Transportation, and the Chairman of the 
        Committee on Banking, Housing and Urban Affairs of the Senate.
          (2) 4 shall be appointed from a list of 8 individuals who 
        shall be recommended by the minority leader of the Senate in 
        consultation with the ranking member of the Committee on 
        Environment and Public Works, the ranking member of the 
        Committee on Commerce, Science and Transportation, and the 
        ranking member of the Committee on Banking, Housing and Urban 
        Affairs of the Senate.
          (3) 4 shall be appointed from a list of 8 individuals who 
        shall be recommended by the Speaker of the House of 
        Representatives in consultation with the Chairman of the 
        Committee on Transportation and Infrastructure, the Chairman of 
        the Committee on Energy and Commerce, and the Chairman of the 
        Committee on Science of the House of Representatives.
          (4) 4 shall be appointed from a list of 8 individuals who 
        shall be recommended by the minority leader of the House of 
        Representatives in consultation with the ranking member of the 
        Committee on Transportation and Infrastructure, the ranking 
        member of the Committee on Energy and Commerce, and the ranking 
        member of the Committee on Science of the House of 
        Representatives.
          (5) Any vacancy which may occur on the Commission shall not 
        affect its powers or functions but shall be filled in the same 
        manner in which the original appointment was made.
  (c) Final Report.--The Commission shall not later than December 31, 
2005, submit to the President and Congress its final report including 
its findings and recommendations. The Commission shall cease to exist 
six months after submission of such report. All records and papers of 
the Commission shall thereupon be delivered to the Archivist of the 
United States for deposit in the Archives of the United States.
  (d) Findings and Recommendations.--The final report shall include the 
Commission's findings and recommendations with respect to the 
following:
          (1) The Nation's transportation needs, both national and 
        regional, through the year 2025.
          (2) The ability of our current transportation systems to meet 
        the projected needs.
          (3) The proper mix of transportation modes and necessary 
        linkages between modes to meet anticipated needs.
          (4) Necessary measures and policies to ensure enhancement and 
        protection of the natural environment in transportation 
        decisionmaking.
          (5) Short-term, medium-term, and long-term research, 
        development, and deployment to meet expected needs.
          (6) The roles of the public and private sectors relative to 
        each mode and the balance between public and private 
        investment.
          (7) The existing policies and programs of the Federal 
        Government which affect the development of our national 
        transportation system.
          (8) The new policies required to develop a balanced national 
        transportation system which meets projected needs, accommodates 
        international trade and supports the national economy.
          (9) The adequacy of existing methods to finance 
        transportation and alternative new methods of financing.
  (e) Specific Factors to Consider.--In developing its findings and 
recommendations, the Commission shall address the following specific 
factors:
          (1) The role of transportation as a critical link to the 
        global economy and trade.
          (2) A balance between the transportation of people and goods.
          (3) Improving operations and management of the transportation 
        system to improve efficiency, including asset and information 
        management.
          (4) The need to address aging infrastructure.
          (5) The need to address the enhancement and protection of the 
        natural environment.
          (6) The need to address congestion in all modes.
          (7) The need to improve environmental decisionmaking.
          (8) A balance between the demand for transportation 
        reliability with new threats to security.
          (9) Ways to eliminate barriers to transportation investment 
        created by the current modal structure of transportation 
        funding.
          (10) Existing barriers to private investment in 
        transportation facilities including tax inequities between 
        modes.
          (11) The adequacy of the Federal transportation trust funds 
        to finance future transportation needs.
          (12) Appropriate measures of transportation need.
          (13) The adequacy of integration among Federal programs 
        affecting transportation.
          (14) The relationship between land use and transportation 
        infrastructure investment.
          (15) The role that transportation plays in promoting economic 
        growth, improving the environment and sustaining the quality of 
        life.
  (f) Recommendations on the Roles of Government.--The Commission shall 
also make recommendations on the roles of the Federal and State 
governments in--
          (1) environmental review of transportation projects;
          (2) the provision of intercity passenger rail services;
          (3) financing transportation at international border 
        crossings;
          (4) facilitating international goods movement to, from and 
        within the United States;
          (5) ensuring consistency in data and communications links for 
        and between all modes;
          (6) financing for each mode of transportation; and
          (7) effectively using transportation networks to enhance the 
        quality of life, protect natural resources and promote 
        sustainable economic growth.
  (g) Participation in Commission Activities.--
          (1) Participation of federal agencies.--The Chairman of the 
        Commission shall request the head of each Federal department or 
        agency with an interest in or a responsibility for national 
        transportation policy to appoint a liaison who shall work 
        closely with the Committee and its staff. Such departments and 
        agencies shall include, but not be limited to, the Department 
        of Transportation, and each of its modal administrations, 
        Office of Management and Budget, Department of Energy, 
        Department of Homeland Security, Environmental Protection 
        Agency, Department of Health and Human Services, Department of 
        Commerce, Department of the Treasury, Department of Defense, 
        Department of Agriculture, National Transportation Safety 
        Board, Surface Transportation Board, and Army Corps of 
        Engineers.
          (2) Advice from public and private organizations.--In 
        carrying out its duties, the Commission shall seek the advice 
        of various groups interested in national transportation policy 
        including State and local governments, public and private 
        organizations in the fields of transportation and safety, 
        business, education, environment and labor, and the public.
  (h) Hearings.--The Commission or, on the authorization of the 
Commission, any Committee of two or more members may, for the purpose 
of carrying out the provisions of this section, hold such hearings at 
such times and places as the Commission or such authorized committee 
may deem advisable.
  (i) Compensation.--Members of Congress or other governmental 
employees shall serve without compensation, but shall be reimbursed for 
travel, per diem in accordance of the rules of the House of 
Representatives and Senate, accordingly, or subsistence and other 
necessary expenses incurred in the performance of the duties vested in 
the Commission.
  (j) Commission Staff.--The Commission is authorized to appoint and 
fix the compensation of a staff director and such additional personnel 
as may be necessary to enable it to carry out its functions.
  (k) Contracts.--The Commission is authorized to enter into contracts 
or agreements for studies and surveys with public and private 
organizations and, if necessary, to transfer funds to Federal agencies 
from sums appropriated pursuant to this section to carry out such of 
its duties as the Commission determines can best be carried our in the 
that manner.
  (l) Authorization of Appropriations.--(1) There are authorized to be 
appropriated from the Highway Trust Fund to carry out this section such 
sums as may be necessary for each of fiscal years 2004 and 2005.
  (2) Funds authorized by this subsection shall remain available until 
expended.

SEC. 210. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.

  (a) Goals and Purposes.--
          (1) Goals.--The goals of the real-time system management 
        information program are to provide the nationwide capability to 
        monitor, in real-time, the traffic and travel conditions of our 
        Nation's major highways and to widely share that information to 
        improve the security of the surface transportation system, 
        address congestion problems, support improved response to 
        weather events, and facilitate national and regional traveler 
        information.
          (2) Purposes.--The purposes of the real-time system 
        management information program are to--
                  (A) establish a nationwide system of basic real-time 
                information for managing and operating our surface 
                transportation system;
                  (B) identify longer range real-time highway and 
                transit monitoring needs and develop plans and 
                strategies for meeting those needs; and
                  (C) provide the capability and means to share that 
                data with state and local governments, and the 
                traveling public.
  (b) Data Exchange Formats.--Within one year of enactment of this Act, 
the Secretary shall establish data exchange formats to ensure that the 
data provided by highway and transit monitoring systems, including 
statewide incident reporting systems can readily be exchanged across 
jurisdictional boundaries, facilitating nationwide availability of 
information.
  (c) Statewide Incident Reporting System.--Within 2 years of enactment 
of this legislation, each State shall establish a statewide incident 
reporting system.
  (d) Regional Intelligent Transportation System Architecture.--
          (1) As State and local governments develop or update their 
        regional ITS architectures, as specified in section 940.9 of 
        title 23, Code of Federal Regulations (Regional ITS 
        Architecture), they shall explicitly address their real-time 
        highway and transit information needs and the systems needed to 
        meet those needs. This specific incorporation of information 
        needs should address coverage, monitoring systems, data fusion 
        and archiving, and methods of exchanging or sharing this 
        information.
          (2) States are encouraged to incorporate the data exchange 
        formats developed by the Secretary to ensure that the data 
        provided by highway and transit monitoring systems can readily 
        be exchanged across state and local governments, and with the 
        traveling public.
  (e) Definition.--In this section, the term ``statewide incident 
reporting system'' means a statewide system for facilitating the real-
time electronic reporting of incidents to a central location for use in 
monitoring the event, providing accurate traveler information, and 
responding to the incident as appropriate.
  (f) Eligibility.--Subject to approval by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(1) and (3) and 
505 of title 23, United States Code, for activities relating to the 
planning of real-time monitoring elements.

SEC. 211. PLANNING CAPACITY BUILDING INITIATIVE.

  Section 104 of title 23, United States Code, is amended by inserting 
after subsection (l) the following:
  ``(m) Planning Capacity Building Initiative.--
          ``(1) In general.--The Secretary shall establish a planning 
        capacity building initiative to support enhancements in 
        transportation planning, in order to--
                  ``(A) strengthen metropolitan and statewide 
                transportation planning under sections 134 and 135, and 
                under sections 5303 through 5305 of title 49;
                  ``(B) enhance tribal capacity to conduct joint 
                transportation planning under chapter 2 of this title; 
                and
                  ``(C) participate in the metropolitan and statewide 
                transportation planning programs under chapter 52 of 
                title 49.
          ``(2) Priority.--The Secretary shall give priority to 
        planning practices and processes that support homeland security 
        planning, performance based planning, safety planning, 
        operations planning, freight planning, and integration of 
        environment and planning.
          ``(3) Use of funds.--Funds authorized for this program may be 
        used for research, program development, information collection 
        and dissemination, and technical assistance. The Secretary may 
        use these funds independently or make grants to, or enter into 
        contracts and cooperative agreements with, a Federal agency, 
        State agency, local agency, federally recognized Indian tribal 
        government or tribal consortium, authority, association, 
        nonprofit or for-profit corporation, or institution of higher 
        education, to carry out the purposes of this subsection.
          ``(4) Federal share.--The Federal share of the cost of an 
        activity carried out using such funds shall be up to 100 
        percent, and such funds shall remain available until expended.
          ``(5) Administration.--This initiative shall be administered 
        by the Federal Highway Administration in cooperation with the 
        Federal Transit Administration.
          ``(6) Authorization of appropriations.--There are authorized 
        to be appropriated from the Highway Trust Fund such sums as may 
        be necessary to carry out this section for each of fiscal years 
        2004 through 2009.''.

                        II. Purpose of the Bill

    The purpose of the bill is to authorize appropriations to 
the Department of Transportation for surface transportation 
research and development.

              III. Background and Need for the Legislation

    The U.S. transportation system faces tremendous challenges. 
Tens of thousands of lives are lost each year on the Nation's 
highways. More drivers are driving more miles, causing severe 
congestion. An aging infrastructure is putting a strain on 
State and local transportation budgets. Constructing and using 
transportation infrastructure can damage air and water quality 
and strain natural resources. Changing patterns of where people 
live and work demand an innovative response to ensure that we 
meet future needs and limit environmental impacts.
    Fundamental improvements to the entire transportation 
system depend on solid research. Research on pavements can lead 
to materials that are more durable and last significantly 
longer than current materials. Research on operations can lead 
to the design of better road configurations to avoid dangerous 
intersections or highway merges. Research on information 
technologies, specifically Intelligent Transportation Systems 
(ITS), can lead to the development of technologies to manage 
the transportation system in real time, making it possible to 
respond to incidents and alter traffic signals instantaneously. 
Research on the linkages between transportation and the 
environment can help discover ways to increase mobility while 
minimizing the impact on the environment and human health. 
Finally, research in the social sciences, such as on 
transportation trends, is vital to planners who must make 
informed decisions to ensure that we meet future transportation 
needs.
    Since passage of the Intermodal Surface Transportation 
Efficiency Act (ISTEA) in 1991 (P.L. 102-240), research and 
development (R&D;) has had a prominent place in the surface 
transportation authorization bill. Both ISTEA and the 
subsequent Transportation Equity Act for the 21st Century (TEA-
21), which was passed in 1998 (P.L. 105-178), contained 
significant funding for surface transportation research and 
development. The Science Committee has jurisdiction over 
surface transportation R&D;, and in the 105th Congress the 
Science Committee reported out the Surface Transportation 
Research and Development Act, H.R. 860. This year, in the 108th 
Congress, the Science Committee passed H.R. 3551, intended to 
be a blue print for surface transportation R&D; in the larger 
authorization bill, H.R. 3550, the Transportation Equity Act: A 
Legacy for Users (TEA-LU).
    Over the six-year life of TEA-21 (1998-2003), the Federal 
government invested approximately $2.9 billion (or about $500 
million per year) in surface transportation R&D; (primarily 
highway R&D;) under Title V. The funding for these activities 
came from gas tax receipts deposited in the Highway Trust Fund. 
Although this is a significant R&D; investment, the Federal 
transportation R&D; investment under TEA-21 represented less 
than 1 percent of Federal spending on surface transportation. 
Many experts see this level of investment as too low. By 
comparison, the Federal government invests approximately 10 
percent of total health care spending on R&D.; While Congress 
increased funding for overall transportation programs by about 
40 percent in TEA-21, funding for transportation R&D; remained 
relatively flat.
    In addition, transportation R&D; is highly decentralized, 
with the Federal government, States, universities, the National 
Academy of Sciences, and the private sector each playing an 
important role. In TEA-21, Congress further decentralized R&D; 
by increasing the proportion of R&D; funds that went directly to 
States, while decreasing the Federal share of R&D; dollars. This 
decentralization, coupled with inadequate investment, has 
created significant gaps in the R&D; agenda.
    H.R. 3551 takes specific steps to increase surface 
transportation research spending, tie research spending to 
overall transportation spending, and fill many critical gaps. 
These gaps include environmental R&D;, long-term fundamental 
research, policy research (addressing such things as changing 
demographic, economic and social trends), performance 
measurement and evaluation R&D;, and research addressing 
institutional barriers to deployment (particularly for ITS 
technologies).
    H.R. 3551 authorizes programs to fill these gaps. These 
include: authorizing the Surface Transportation Environment 
Cooperative Research Program (STECRP) and ensuring that the 
program carries out the agenda developed by the Transportation 
Research Board; authorizing the Future Strategic Highway 
Research Program (also laid out in a report by the 
Transportation Research Board) to address renewal, safety, 
reliability and capacity; authorizing greater funding for 
exploratory advanced research; authorizing a trends research 
program to look at the impact of changing demographics and a 
changing economy on the surface transportation system; and 
authorizing research into the institutional barriers to the 
deployment of intelligent transportation systems.
    H.R. 3551 also strives to ensure the highest quality 
research by requiring that all research and development grants, 
contracts and cooperative agreements be peer reviewed and 
awarded on a competitive basis. It also requires that all 
research and development activities include a component of 
performance evaluation to ensure that our dollars are well 
spent. Finally, H.R. 3551 strengthens the strategic planning 
requirements to ensure that research is focused on helping to 
achieve the overall goals of the surface transportation system, 
such as reducing congestion and increasing safety.

                        IV. Summary of Hearings

    On April 10, 2003, the Subcommittee on Environment, 
Technology, and Standards of the House Science Committee held a 
hearing on research and development priorities for the 
reauthorization of the Transportation Equity Act for the 21st 
Century. The hearing examined the state of current R&D; 
programs, how well they are meeting the goals laid out in TEA-
21, and significant gaps in the R&D; programs. In addition, the 
hearing investigated how the Department of Transportation(DOT) 
could improve the quality of the R&D; it funds and measure the success 
of individual R&D; projects, R&D; programs, and the transportation system 
as a whole.
    The Committee heard testimony from: (1) Mr. Emil Frankel, 
Assistant Secretary for Transportation Policy, U.S. Department 
of Transportation; (2) Mr. Eric Harm, Deputy Director, Division 
of Highways, Illinois Department of Transportation; (3) Dr. 
Michael Walton, Ernest H. Cockrell Centennial Chair, University 
of Texas at Austin Department of Civil Engineering; (4) Ms. 
Kate Siggerud, Acting Director, Physical Infrastructure Team, 
General Accounting Office; (5) Ms. Anne Canby, President, 
Surface Transportation Policy Project and (6) Dr. Michael 
Meyer, Professor, Georgia Institute of Technology School of 
Civil and Environmental Engineering.
    Mr. Frankel opened the hearing with a summary of the 
achievements of the Department of Transportation's R&D; programs 
under the Intermodal Surface Transportation Efficiency Act 
(ISTEA) and TEA-21, including Intelligent Transportation 
Systems (ITS), pavement improvements and safety-related 
behavioral research. He stated that the development of new 
technologies is a key to developing a safer, simpler, smarter 
transportation system and alleviating many of the problems 
facing the transportation system. He stated that while most of 
DOT's R&D; is short-term, it is important to use some of today's 
scarce resources to search for long-term solutions.
    Mr. Harm began by discussing the enormous challenges that 
the State of Illinois faces in its transportation system. 
Illinois will have to figure out how to move more people and 
more freight on aging facilities that are already near or at 
capacity, while taking into account environmental, social, and 
economic impacts. He said that only with a strong Federal R&D; 
program can Illinois accomplish this. He stressed the 
importance of long-term research that will provide results in a 
10- to 20-year timeframe, and stated that this is a Federal 
responsibility, as States do not have the incentive to do this 
research. He also pointed to the need for R&D; to look at 
alternative ways of moving people and goods. He stated that we 
can't build our way out of congestion and need to research how 
to increase intermodal efficiency.
    Dr. Walton discussed the Future Strategic Highway Research 
Program (F-SHRP), and the need for this focused, time-limited 
R&D; program that will address renewal of our highways, safety, 
reliability of travel times, and providing capacity. He stated 
that his Transportation Research Board (TRB) committee 
recommended that advanced research (the results of which 
usually take several years to reach an implementable stage) 
should become a stronger part of the Federal research program. 
He asserted that the Federal R&D; program should be more 
responsive to major stakeholders. To advance deployment of ITS 
technologies, Dr. Walton recommended a study to address the 
non-technical barriers to technology deployment. Finally, he 
suggested that Congress should consider the creation of a 
national strategic plan for transportation R&D.;
    Ms. Siggerud discussed a General Accounting Office (GAO) 
report that evaluated the Federal Highway Administration's 
(FHWA's) implementation of research management practices issued 
in 2002. The report recommended that FHWA increase stakeholder 
participation by consulting with external parties when 
developing R&D; agendas, thereby ensuring that funded R&D; is 
relevant to those who will implement the results. The report 
also called on FHWA to use a systematic approach to evaluate 
ongoing and completed R&D; to ensure that FHWA is selecting the 
research projects with the greatest value.
    Ms. Canby stated that one of the challenges in 
transportation is targeting the R&D; efforts to help deliver 
what the public wants--more trip choices, a balanced investment 
in the transportation system, and greater responsiveness to 
community, public health, and environmental concerns. She said 
that the basic principles outlined in ISTEA including 
intermodalism, economic efficiency and environmental quality 
should guide the research agenda, and be used to set 
performance measures to track progress in achieving these 
goals. In terms of specific needs, she pointed to data deficits 
at the Bureau of Transportation Statistics (BTS), particularly 
in bicycle and pedestrian data; the need to expand the 
knowledge on key issues such as social equity, public health 
and the environment; and the need to look at key trends that 
will affect the transportation system such as an aging 
population and the growing costs of transportation. In 
addition, she called for funding the Surface Transportation 
Environment Cooperative Research Program created in TEA-21.
    Dr. Meyer outlined several demographic and social trends 
that will affect the transportation system. These trends 
include the concentration of people within metropolitan areas, 
greater utilization of public transportation and non-peak 
travel by an aging population, and globalization. He stated 
that research is necessary to plan for these emerging trends, 
and outlined a potential trends research program that would be 
implemented by the Transportation Research Board. He also 
identified criteria for evaluating research programs. Finally, 
he recommended that BTS look carefully at the goals established 
in ISTEA and TEA-21 and identify measures to determine the 
effectiveness of the transportation system in meeting those 
goals.
    Chairman Ehlers asked a series of specific questions to the 
panel: Do we invest enough in surface transportation R&D;? 
Should we increase R&D; funding relative to total transportation 
funding? Is the current funding balanced between different 
areas of R&D;?
    All of the witnesses, with the exception of Mr. Frankel, 
stated that R&D; is under-funded and that R&D; funding should 
increase proportionately to the total transportation funding 
pool. Ms. Canby and Dr. Meyer stressed that the efficiencies 
and products that result from the program pay for themselves.
    As to the question of balance, the witnesses agreed that 
improvements could be made. Dr. Meyer, Ms. Canby and Dr. Harm 
all stressed the need for more funding for policy, intermodal 
and human factors research. Mr. Harm said that while 
transportation R&D; has been very good at developing new 
materials, he would like to see more multidisciplinary research 
in order to develop more innovative transportation policies. 
Dr. Walton and Mr. Frankel stated that DOT needed a more 
strategic vision for research and that out of that vision, a 
better balance in R&D; funding would emerge.

                          V. Committee Actions

    On April 10, 2003 the Subcommittee on Environment, 
Technology, and Standards of the House Science Committee held a 
hearing on Research and Development (R&D;) priorities for the 
reauthorization of the Transportation Equity Act for the 21st 
Century (TEA-21).
    On November 20, 2003, Mr. Ehlers introduced H.R. 3551, the 
Surface Transportation Research and Development Act of 2003.
    On January 28, 2004, the Subcommittee on Environment, 
Technology, and Standards of the House Science Committee met to 
consider H.R. 3551, and considered the following amendments:
    1. Mr. Ehlers offered an amendment in the nature of a 
substitute that removed funding levels from the bill. The 
amendment was agreed to by a voice vote.
    2. Mr. Udall offered an amendment that would add bicycle 
and pedestrian research (including within National Parks) to 
the contents of the research program under section 502(c) of 
title 23 of the United States Code. The amendment was agreed to 
by a voice vote.
    3. Mr. Miller offered an amendment to add to the list of 
priority research and development areas in the Intelligent 
Transportation Systems Program the development of 
interdisciplinary strategies and tools to address the multiple 
impacts of congestion concurrently. The amendment was agreed to 
by a voice vote.
    4. Ms. Lofgren offered an amendment to create four National 
Transportation Security Centers at universities to conduct 
research on transportation security. The amendment was agreed 
to by a voice vote.
    The Subcommittee favorably reported the bill by a voice 
vote.
    On February 4, 2004, the Full Science Committee met to 
consider H.R. 3551, and considered the following amendments:
    1. Mr. Ehlers offered an amendment in the nature of a 
substitute. The amendment created a new funding mechanism for 
surface transportation research, which set research spending at 
the higher of 1.08 percent of total surface transportation 
spending or $500,000,000 per year. The amendment made several 
drafting changes to clarify and focus the contents of each 
program to better align with the overall strategic plan. The 
amendment also reduced the number of reports and reviews 
required by the bill. The amendment was adopted by a voice 
vote.
    2. Mr. Ehlers offered an en bloc amendment to the amendment 
in the nature of a substitute. The amendment authorized a road 
weather research and development program and the Garrett Morgan 
Technology and Transportation Program, and made several other 
technical changes. The amendment was adopted by a voice vote.
    The legislation was agreed to by a voice vote. Mr. Gordon 
moved that the Committee favorably report the bill, H.R. 3551, 
as amended, to the House with the recommendation that the bill 
as amended do pass, and that the staff be instructed to make 
technical and conforming changes to the bill as amended and 
prepare the legislative report and that the Chairman take all 
necessary steps to bring the bill before the House for 
consideration. With a quorum present, the motion was agreed to 
by a voice vote.

              VI. Summary of Major Provisions of the Bill


        TITLE I: SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

     Section 101 authorizes appropriations for the 
surface transportation research and development (R&D;) 
activities included in title I of the bill and in chapter 5 of 
title 23 of the United States Code. It authorizes the greater 
of 1.08 percent of the amounts made available from the Highway 
Trust Fund, or $500,000,000 for each of fiscal years 2004-2009.
     Section 102 lays out the goals, principles and 
processes for surface transportation research and development, 
including stakeholder input, competition and peer review, and 
performance review and evaluation.
     Section 103 reauthorizes and streamlines strategic 
planning requirements, and ties research planning to the goals 
of the surface transportation system.
     Section 104 reauthorizes the surface 
transportation research program. It adds R&D; areas to the 
contents section to fill R&D; gaps, such as policy research. It 
requires exploratory advanced research, research on geospatial 
information systems, environmental research (as laid out in the 
Transportation Research Board's Special Report 268, the Surface 
Transportation-Environment Cooperative Research Program), 
trends policy research, and road weather research. It also 
reauthorizes the Long-Term Pavement Program, and authorizes the 
Long-Term Bridge Performance Program.
     Section 105 reauthorizes the technology deployment 
program, and authorizes new programs for innovative pavement 
research and deployment and safety innovation deployment.
     Section 106 reauthorizes the training and 
education program and authorizes the Garrett A. Morgan 
Technology and Transportation Education program to improve 
transportation education.
     Section 107 reauthorizes the Bureau of 
Transportation Statistics and authorizes the development of a 
needs assessment to ensure that the statistics that are 
collected are most useful to users.
     Section 108 reauthorizes the State Planning and 
Research (SPR) Program, and requires that 25 percent of SPR 
funds be used for research, and 10 percent be used for data 
collection.
     Section 109 authorizes the Future Strategic 
Highway Research Program (F-SHRP), to be carried out by the 
Transportation Research Board, to fund R&D; on renewal, safety, 
reliability and capacity.
     Section 110 reauthorizes the University 
Transportation Research Program, and authorizes two new 
programs. The first is the Transportation Education Development 
Pilot Program to revise transportation curricula. The second is 
the National Transportation Security Centers to conduct R&D; on 
the links between transportation and security.
     Section 111 reauthorizes Intelligent 
Transportation Systems R&D.; It adds new R&D; areas in addressing 
non-technical barriers to deployment, human factors research, 
weather research, and efficiency in goods movement, and 
requires a report on using data collected by intelligent 
transportation systems.

                        TITLE II: MISCELLANEOUS

     Sections 201, 203, 204, 205 and 206 authorize, and 
authorize appropriations for, transit, highway safety, and 
motor carrier safety R&D.;
     Section 202 authorizes a new innovative transit 
practices and technologies demonstration and deployment 
program. Section 207 authorizes a transportation, energy and 
environment R&D; program. Section 208 authorizes a freight R&D; 
program.
     Section 209 authorizes a commission to study 
transportation policy. Section 210 authorizes a real-time 
system management information program. Section 211 authorizes a 
planning capacity building initiative.

        VII. Section-by-Section Analysis (by Title and Section)


Section 1. Short title

    ``Surface Transportation Research and Development Act of 
2004.''

Section 2. Findings

    Finds that research and development (R&D;) is critical to 
developing and maintaining an effective transportation system, 
and that Federal R&D; has produced a number of successes, but is 
under-funded. Finds that the Federal investment in R&D; should 
be properly balanced between short-term applied R&D; and long-
term fundamental research, and should cover a wide range of R&D; 
areas including materials and structures, operations, and human 
factors and policy.

        TITLE I: SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT

Section 101. Authorization of appropriations

    Authorizes for core surface transportation R&D; programs the 
greater of 1.08 percent of funds made available in each fiscal 
year from the Highway Trust Fund or $500 million for each of 
fiscal years 2004-2009. Of these sums:
           50 percent is for Surface Transportation 
        Research, Development and Technology Deployment, 
        including funds for strategic planning, outreach, the 
        ``Surface Transportation Environment and Planning 
        Cooperative Research Program'' (Section 104(c) of this 
        Act), the ``National Multimodal Trends Research 
        Program'' (Section 104(d) of this Act), ``Exploratory 
        Advanced Research,'' (Section 104(f) of this Act), and 
        the ``National Freight Cooperative Research Program'' 
        (Section 208 of this Act);
           6.5 percent is for Training and Education 
        (Section 106 of this Act);
           7.5 percent is for the Bureau of 
        Transportation Statistics, including at least $5 
        million each year for R&D; grants to State and local 
        governments and metropolitan planning organizations to 
        promote the harmonization of data collection and 
        management (Section 107(i)(2) of this Act);
           11.5 percent is for University 
        Transportation Centers (Section 110 of this Act); and
           24.5 percent is for Intelligent 
        Transportation Systems R&D; (Section 111 of this Act).

Section 102. Goals, principles and processes

    Sets out goals, principles and processes to guide 
transportation R&D.; The bill explicitly links the R&D; goals to 
the overall goals of the surface transportation system set out 
in the Transportation Equity Act for the 21st Century (TEA-21), 
such as improving safety and promoting efficiency. It sets 
forth principles to guide the Federal role in surface 
transportation R&D.; It also establishes requirements for 
stakeholder involvement, competition and peer review, and 
performance review and evaluation for transportation R&D.;

Section 103. Strategic planning

    Reauthorizes and amends the Department of Transportation's 
(DOT) R&D; strategic planning requirements. The bill requires a 
five-year strategic plan that includes and integrates R&D; 
programs across the Department's operating administrations and 
ensures consistency with other plans. It strengthens the 
contents of the plan by: (1) requiring the Department to link 
the plan to the goals of TEA-21; and (2) requiring the plan to 
specify the Department's key R&D; priorities, anticipated 
funding levels, and the expected outcomes of the R&D.; The bill 
also increases accountability by requiring input from a range 
of interests in the transportation community, and requiring an 
annual report as part of the President's annual budget request 
that describes previous and proposed fiscal year funding levels 
for R&D.;

Section 104. Surface transportation research and development

    Reauthorizes and amends the R&D; program carried out by the 
Federal Highway Administration (FHWA). The bill largely 
maintains the existing R&D; program requirements of Section 502 
of Title 23 of the U.S. Code, but fills a variety of research 
gaps and clarifies the legislative language. The section sets 
out the overall contents of the surface transportation R&D; 
program, including R&D; on structures and materials, operations 
and management, safety, performance analysis, the links between 
social systems and transportation, and the links between 
transportation and the environment. The bill includes 
authorizations for a Long-Term BridgePerformance Program, a 
Long-Term Pavement Performance Program, and a Geospatial Information 
Systems program.
    Authorizes a new Exploratory Advanced Research program to 
address recommendations of the Transportation Research Board 
(TRB) and others who say that the Federal investment in highway 
R&D; should contain advanced, long-term research that may result 
in breakthroughs. The bill requires the Secretary of 
Transportation (henceforth referred to as the Secretary) to 
hold a workshop to gather input into the areas of advanced R&D; 
that should be funded. To ensure accountability, the bill 
requires the Secretary to report annually on the amount of 
funding spent on exploratory advanced research.
    Reauthorizes the ``Surface Transportation Environment and 
Planning Cooperative Research Program'' (STECRP) and requires 
implementation of the recommendations contained in the TRB 
Special Report 268, a report that Congress requested in TEA-21. 
The report calls for six areas of research: (1) human health; 
(2) ecology and natural systems; (3) environmental and social 
justice; (4) emerging technologies; (5) land use; and (6) 
planning and performance measures. The bill requires the 
Secretary to contract with either the National Research Council 
or another non-profit research organization, such as the Health 
Effects Institute, to administer the program and to fulfill 
annual reporting requirements. The selected organization must 
create an independent advisory board that would have broad 
interest group membership and be open to stakeholder input. The 
Advisory Board would develop an annual research agenda, solicit 
project proposals through open competition, and submit an 
annual report.
    Creates a new national multimodal research program on 
demographic, economic and social trends that affect, and are 
affected by, the transportation system. This program fills a 
gap in current research. It requires the Secretary to establish 
the program through the National Research Council, and 
describes, in general terms, the economic, demographic, social, 
and other issues to be addressed by the program. It 
specifically requires the Council to create an independent 
advisory committee drawn from social science experts and key 
stakeholder groups, to develop a research agenda and review and 
evaluate project proposals.

Section 105. Technology deployment

    Reauthorizes FHWA's technology deployment program, 
including the Innovative Bridge Research and Construction 
Program (authorized in TEA-21). Adds two new technology 
deployment programs, the Innovative Pavement Research and 
Deployment Program, and the Safety Innovation Deployment 
Program. The goals of these programs include the deployment of 
new, cost-effective designs, materials and practices to extend 
pavement life and performance; the reduction of maintenance 
costs and life-cycle costs of bridges; and the deployment and 
evaluation of safety technologies and innovations at the State 
and local level.
    The legislation establishes new requirements for the 
Secretary to ensure that the information and technology 
resulting from R&D; conducted in this program is made available 
to State and local transportation departments, metropolitan 
planning organizations and other interested parties.

Section 106. Training and education

    Increases the number of Federal funding sources from which 
States may draw for surface transportation workforce 
development, training and education. The section eliminates the 
matching requirement, allowing states to use Federal sources to 
pay for 100 percent of these activities. These changes should 
provide States an additional incentive to fund these programs. 
The section also allows for the development of new courses at 
the National Highway Institute to better address challenges 
faced by today's transportation professionals, and requires the 
National Highway Institute to review, revise, and terminate 
courses periodically.
    Authorizes $500,000 per year for the Garrett A. Morgan 
Technology and Transportation Education program in DOT to 
improve K-12 math and science education through the use of 
transportation topics. The program should focus on female and 
minority students.

Section 107. Bureau of Transportation statistics

    Increases the responsiveness of the Bureau of 
Transportation Statistics (BTS) to the needs of the 
transportation community by: (1) clarifying that BTS is to 
serve decision makers in the transportation community at large 
in addition to the Secretary; (2) expanding membership of the 
Director's Advisory Committee on Statistics to make it more 
representative of the transportation community; (3) requiring a 
national transportation statistics needs assessment to be 
carried out by the National Research Council within two years 
of enactment (in consultation with key constituencies and the 
DOT's Advisory Committee on Statistics); and (4) requiring the 
Secretary to report to Congress within six months of receiving 
the assessment on how the Department plans to address the 
recommendations in the assessment. The Director is encouraged 
to harmonize data collection and management, through 
demonstration grants to States, local governments, and 
metropolitan planning organizations. The section also 
reauthorizes a variety of programs in Section 111 of Title 49 
of the U.S. Code, including the National Transportation 
Library.

Section 108. State planning and research

    Authorizes for State Planning and Research (SPR) 2.5 
percent of funds apportioned to States for each of fiscal years 
2004-2009. This 0.5 percent increase recognizes a growing need 
to ensure adequate funding for planning and research. The bill 
maintains the current requirement that 25 percent of SPR funds 
be spent on research, development and technology transfer 
activities. It adds a new provision requiring that 10 percent 
of SPR funds be used to improve the collection and reporting of 
strategic surface transportation data on the extent, condition, 
use, performance and financing of the surface transportation 
system. The section clarifies that studies, research and 
training on engineering standards and construction materials 
should be multimodal, and that research should also focus on 
design standards for intermodal coordination.

Section 109. Future Strategic Highway Research Program (F-SHRP)

    Authorizes $75 million for each of fiscal years 2004-2009 
from the Highway Trust Fund for the Future Strategic Highway 
Research Program (F-SHRP) to be carried out by the National 
Research Council in consultation with the American Association 
of State Highway Transportation Officials and other 
stakeholders. The program would implement the recommendations 
of the TRB Special Report 260, a report called for by Congress 
in TEA-21.Congress asked the TRB to develop a research program 
that cuts across disciplines and addresses short- to medium-term R&D; 
gaps. F-SHRP addresses R&D; gaps in four areas: (1) renewal, which will 
focus on R&D; to minimize disruptions as we renovate existing highway 
infrastructure; (2) safety, which will focus on reducing crashes; (3) 
reliability, which will focus on R&D; to improve the reliability of 
travel times by reducing the frequency and effects of events that cause 
delay; and (4) capacity, which will look holistically at the 
relationship between highways, the economy, communities and the 
environment. It also includes requirements that: projects be selected 
through open competition and peer review; stakeholders be involved in 
the committees and panels set up to implement the program; the National 
Research Council publish annual progress and performance reports; and 
the Comptroller General review the program within three years of the 
start of research to assess the degree to which the program is 
addressing the research topics identified in Special Report 260.

Section 110. University transportation research

    Authorizes the Secretary to make grants to nonprofit 
institutions of higher learning to establish and operate 10 
regional transportation centers, and 16 other university 
transportation centers. All centers shall be selected through a 
competitive, peer-reviewed process and the Federal share of the 
costs of activities for the regional centers shall increase 
from the current level of 50 percent to 80 percent, while the 
Federal share for all other university transportation centers 
shall remain 50 percent. This section creates two new grant 
programs. One allows universities, in partnerships with State 
DOTs, to develop new transportation-related curricula. The 
other would establish no more than four National Transportation 
Security Centers at universities. The National Transportation 
Security Centers shall be chosen based on an open competition.

Section 111. Intelligent transportation systems

    Reauthorizes the Intelligent Transportation Systems (ITS) 
Research Program. The bill creates an advisory committee with 
broad representation from the transportation community, and 
charges it to advise DOT on whether areas of ITS R&D; are likely 
to lead to technologies that will be deployed and on the 
appropriate roles for government and the private sector in ITS 
R&D.; It requires the development of an assessment, with input 
from the Bureau of Transportation Statistics, of how data 
collected from current and anticipated ITS technologies can and 
should be used for real-time system management, planning and 
assessment. It also requires testing and validation of ITS 
standards whenever appropriate.
    The bill authorizes the ITS program to focus on 
technologies to improve transportation security, and to develop 
traffic management strategies and tools that concurrently 
address multiple impacts of congestion. In addition, research 
is authorized into the non-technical barriers to the deployment 
of ITS technologies. Experts have identified non-technical 
barriers as more significant than technical ones in the 
deployment of innovative technologies. The bill also requires 
that at least one-third of ITS R&D; funding be used for projects 
that aim to reduce congestion.

                        TITLE II: MISCELLANEOUS

Section 201. Authorization of appropriations

    Authorizes appropriation of such sums as necessary from the 
Highway Trust Fund for transit R&D;, highway safety R&D;, and 
motor carrier safety R&D; for each of fiscal years 2004-2009.

Section 202. Transit research

    Creates a new Innovative Practices and Technologies 
Demonstration and Deployment Program that would demonstrate 
promising new transit practices and technologies, evaluate and 
document the performance, benefits and costs of innovative 
technologies, and disseminate information to accelerate 
deployment of innovations. To this end, the Secretary is 
authorized to make grants to a variety of public, private and 
non-profit entities. The Secretary shall select projects based 
on: their ability to meet the goals of the program; a peer-
review process; and the likelihood that a project will result 
in widespread deployment. The Secretary shall also ensure that 
innovations are made available to transit agencies and State 
and local transportation departments.

Section 203. National Transit Institute

    Reauthorizes the National Transit Institute, which develops 
and conducts training programs for Federal, State and local 
public transportation officials.

Section 204. Human resource programs

    Maintains the human resources programs at the Federal 
Transit Administration.

Section 205. Highway safety research and development

    Maintains the Highway Safety R&D; Program and adds new 
provisions addressing emergency medical services, international 
cooperation, and a national motor vehicle crash causation 
survey.

Section 206. Motor carrier research and development program

    Authorizes a comprehensive Federal Motor Carrier Safety 
Adminstration R&D; program to reduce accidents and injuries 
involving commercial motor vehicles, and to train safety 
personnel. Encourages cooperative research.

Section 207. Transportation energy and environment

    Creates an energy and climate change program at DOT to 
study the relationships between transportation, energy and 
climate change.

Section 208. National cooperative freight transportation research 
        program

    Authorizes a cooperative freight research program, 
administered by the Transportation Research Board of the 
National Research Council. Creates an advisory committee to run 
the program. Requires open competition and peer review of 
research proposals, evaluation of research results, and 
dissemination of research findings.

Section 209. Establishment of a next generation national transportation 
        policy study commission

    Establishes a Presidential Commission to investigate and 
study transportation needs, and the resources, requirements and 
policies necessary to meet expected needs.

Section 210. Real-time system management information program

    Requires States to establish statewide incident reporting 
systems, a first step in establishing a nationwide system of 
basic real-time information for managing and operating the 
surface transportation system.

Section 211. Planning capacity building initiative

    Establishes a planning capacity building initiative at the 
U.S. DOT to strengthen metropolitan and statewide 
transportation planning, and to enhance capacity to conduct 
joint transportation planning.

                         VIII. Committee Views

    It is the Committee's view that surface transportation 
research and development (R&D;) was under-funded in the 
Transportation Equity Act for the 21st Century (TEA-21), and 
that transportation R&D; spending should be tied to overall 
transportation spending.
    It is the Committee's view that DOT should conduct more R&D; 
in under-studied areas including environmental, human factors, 
and social science R&D.;

Section 101--Authorization of appropriations

    The Committee believes strongly that surface transportation 
R&D; funding needs to be increased and should be tied to overall 
transportation spending. At a minimum, the programs authorized 
in this title should be funded at $500 million per year, but as 
overall transportation spending grows, so should transportation 
R&D; spending. The Committee believes that improvements in the 
transportation system to meet the needs of the future depend on 
adequate funding for R&D.;

Section 102--Goals, principles, and processes

    It is the Committee's view that surface transportation 
research and development activities should be explicitly tied 
to the goals of the surface transportation system including 
improving safety and security, increasing mobility, and 
protecting and enhancing the environment. In addition, the 
Committee believes that DOT needs to do a better job of 
addressing the needs of stakeholders in determining in what 
areas research is needed. The Committee also believes strongly 
that DOT should be funding the highest quality research, and 
therefore the bill requires that all grants, contracts and 
cooperative agreements (except as otherwise provided in the 
Act) be peer reviewed and awarded on a competitive basis. It is 
the view of the Committee that R&D; activities must be more 
accountable, and so the bill requires that all R&D; activities 
include a component of performance evaluation. The Committee 
believes that ideally, these performance measurements would be 
based on specific outcomes, such as reduced travel times or 
accidents avoided, but recognizes that particularly with 
advanced research, it is difficult to link research results 
directly to outcomes.

Section 103--Transportation research and development strategic planning

    The Committee is aware of shortcomings in the current 
transportation R&D; strategic planning process whereby 
individual modal offices develop separate plans, which are then 
stapled together into a single document called the Department's 
R&D; strategic plan. To address this problem, the Committee 
directs the Secretary to develop an integrated, Department-wide 
R&D; strategic plan, and to solicit input during its development 
from a wide range of stakeholders.
    The Committee is also concerned that present strategic 
planning and performance reporting does not clearly link 
specific R&D; activities to each of the Nation's agreed upon 
transportation goals. Tighter linkage will focus R&D; 
investments more effectively and help determine whether the R&D; 
portfolio is appropriately balanced across these goals. The 
Committee, therefore, included provisions in this section to 
require the Department to make this linkage explicit.

Section 104--Surface transportation research and development

    It is the Committee's view that there have been several 
important gaps in previous surface transportation R&D;, and 
therefore the bill adds several new areas into the contents of 
the R&D; program. These include research to support evaluation 
of the surface transportation system, research on trends that 
affect and are affected by the transportation system, and 
research and development on the linkages between transportation 
and the environment.
    However, the Committee also recognizes that DOT has been 
constrained in the past from planning strategically because of 
the number of required research areas. Because of this, the 
bill lists several critical overall research areas, with more 
specific research areas listed under each to be conducted as 
appropriate.
    The Committee calls attention to several new areas of 
research that fill gaps. The Committee believes that the 
transportation research and development portfolio should 
include research on operation and management of the surface 
transportation system. This includes research on pedestrian and 
bicycle modes of travel. An important example of the need for 
this research is the National Parks, where an assessment of the 
need for pedestrian and bicycle paths could identify promising 
areas for experimenting with alternative traffic management to 
reduce congestion. Another important area is research on non-
technical barriers to technology deployment. Often non-
technical barriers (such as fragmented local authority or rigid 
procurement rules) are more difficult to surmount than 
technical barriers. A third area in which the bill fills an 
important research gap is in research to assess how the 
transportation system affects and is affected by emerging 
demographic, economic and social trends, as well as the 
relationship between land use and the transportation system. 
The committee has also identified a need to develop methods for 
evaluating the performance of transportation systems across a 
variety of goals, such as mobility, safety, reduced congestion, 
and improved air quality. The development of life cycle cost 
analysis tools will promote better evaluation, and help State 
DOTs set budget priorities and manage equipment repair and 
replacement decisions more effectively.
    It is the Committee's view that DOT should invest 
significantly more funding in exploratory advanced research. 
This is research that may not yield practical applications in 
the short term, but could lead to fundamental breakthroughs in 
the long term. The Committee believes that thisshould be 
considered a core Federal role. The Committee also believes that DOT 
should consult widely with outside researchers in determining 
exploratory advanced research areas, and that such areas may be wide 
ranging and include materials research, operations research and social 
science research. In addition, it is the Committee's view that if this 
program is well funded, DOT should consider making investigator-driven 
grants, in the style of the National Science Foundation, to academic 
researchers to leverage creativity outside of the Department.
    The Committee originally authored the Surface 
Transportation Environment and Cooperative Research Program 
(STECRP) in TEA-21 and has been very concerned about DOT's 
delay in implementing the program. The Committee directs DOT to 
implement STECRP expeditiously and requires management and 
governance provisions to help ensure the highest quality, peer 
reviewed, scientific research and development.
    The Committee expects the Secretary to carry out the 
program expeditiously by implementing the comprehensive 
research agenda contained in TRB Special Report 268, which was 
completed in 2002. The Committee strongly supports this agenda 
because it was thoughtfully developed by a panel with diverse 
expertise and interests, and reflects delicate compromises 
among the panel members. Reopening the debate over the 
program's agenda would only further delay the program.
    The agenda includes six critical research areas: (1) human 
health, (2) ecology and natural systems, (3) environmental and 
social justice, (4) emerging technologies, (5) land use, and 
(6) planning and performance measures. This broad research 
agenda calls for interdisciplinary research on the 
environmental impact of transportation, technologies to 
mitigate impacts, and the development of tools to improve 
planning, evaluate alternative project design, and consider the 
impact of projects on different members and groups of society.
    To further encourage high quality scientific research, the 
bill provides the Secretary with the flexibility to choose 
either the National Research Council or another non-profit 
group, such as the Health Effects Institute (HEI), to manage 
the program. The Committee encourages the Secretary to utilize 
a group such as HEI because it is a well respected scientific 
organization, which has effectively balanced environmental and 
business interests as it has carried out high quality 
environmental scientific research.
    The bill requires a balanced and diverse membership on the 
Advisory Board charged with soliciting, evaluating and 
recommending projects for funding under this program. Although 
the Committee intends for no single interest group to control 
the Advisory Board, the Committee also recognizes the important 
role of state transportation agencies. The Committee intends to 
encourage the development of fundamental knowledge, 
interdisciplinary research and partnerships by requiring the 
Advisory Board to give priority to projects with these 
attributes. The Committee recognizes that not all projects 
would be required meet these criteria, but the Advisory Board 
should encourage such proposals.
    The Committee recognizes, as do many leading transportation 
researchers, that the billions of dollars we spend on 
transportation infrastructure affect and are affected by 
important economic, demographic and social trends in our 
society. The Committee is also aware that this area of research 
receives little funding, despite the fact that knowledge of 
these trends is critical for investing transportation funds 
wisely and maintaining strong local communities. For these 
reasons, the Committee creates a new ``National Multi-modal 
Research and Development Program.''
    This new, modestly funded, competitive, research program 
would be housed at the Transportation Research Board and 
managed by an advisory board. The Committee believes strongly 
that members of the Advisory Board should be appointed from a 
wide array of social science fields, many of which have not 
been traditionally connected with transportation research, and 
should include members with expertise in socioeconomic factors 
that influence transportation needs, including researchers 
familiar with issues related to racial and economic equity. To 
ensure high quality research, the Committee expects the 
Advisory Board to use a transparent, stakeholder driven process 
for developing the research agenda and project selection 
criteria. The Committee also expects the Advisory Board, the 
TRB and DOT to make every effort to disseminate research 
findings widely.

Section 105--Technology deployment

    The Committee believes that while States, localities and 
the Federal government fund a large number of technology 
deployments, there is little information about the performance 
of these deployments. Thus, it is difficult to determine 
whether such deployments meet their stated goals or are cost-
effective. It is the Committee's view that technology 
deployment projects funded by this bill should incorporate 
performance measurements, and that this performance information 
should be made widely available. This would enable state and 
local governments to better evaluate the utility of a 
particular technique or technology for their use.
    The bill lists many important areas of research and 
development relating to the deployment of pavement, bridge and 
safety technologies. One area is the development of innovative 
pavement materials (such as rapid-set pavement) to increase 
safety and reduce construction time and related congestion.

Section 106--Training and education

    As noted in TRB's Special Report 275, ``The Workforce 
Challenge,'' and in many discussions with State and local 
officials, training and education are the key to a competent 
workforce. However, when states reduce their budgets, one of 
the first activities to be cut is training. Therefore, the 
Committee expands the number of Federal funding categories from 
which States can draw to fund the Local Technical Assistance 
Program (LTAP) and allows 100 percent of the cost to be covered 
by Federal dollars. While the Committee did not place in 
statute the specific levels of funding for the National Highway 
Institute, the Local Technical Assistance Program, or the 
Eisenhower Fellowship program, the Committee expects that LTAP 
will receive at least 50 percent of the total for Training and 
Education under Sec. 101.
    The Committee urges the National Highway Institutes to make 
their course materials available to universities so this 
information can be incorporated into undergraduate and graduate 
curricula.
    The Committee continues to be concerned about K-12 math and 
science education. The purpose of the Garrett A. Morgan 
Technology and Transportation Education Program is to improve 
the preparation of students, particularly women and minorities, 
in science, technology, engineering, and mathematics through 
curriculum development, and other activities related to 
transportation. The Committee expects DOT to work with 
organizations that have experience in education grant programs, 
such as the American Association of State Highway and Transit 
Operators and its Transportation and Civil Engineering (TRAC) 
Program, to ensure that the goals of the program are met.

Section 107--Bureau of Transportation statistics

    Although BTS has accomplished a great deal, the Committee, 
like many people in the transportation community and in DOT, 
believes that BTS has not lived up to its potential. The 
Committee believes it is critical to redouble efforts to 
strengthen BTS. For these reasons, the Committee included a 
variety of provisions in Section 107 to revitalize the Bureau 
over the next few years.
    The Committee intends to strengthen the independence of the 
director by extending his term of appointment to five years. 
The Committee also recognizes that a vibrant BTS can exist only 
if it also is viewed as serving the needs of both the Secretary 
of Transportation and transportation decision-makers throughout 
the public and private sectors.
    It is the Committee's view that the best way to strengthen 
BTS is to create a consensus on BTS's priorities, ensure that 
those priorities are implemented, and secure adequate funding 
to meet those agreed upon goals. The Committee, therefore, 
requires BTS to enter an arrangement with the National Research 
Council (NRC) to conduct an ``information needs assessment'' to 
identify data gaps and unneeded data, suggest changes in data 
collection methods and surveys to improve standardization and 
accuracy of data, and identify needed resources. The NRC should 
ensure that the views of a representative cross-section of the 
transportation community are incorporated into the final 
assessment. The Committee believes that the assessment would be 
jeopardized if any single constituency group is viewed as 
controlling the process.
    The bill also directs the Secretary to report to Congress 
no later than six months after completion of the assessment on 
the Department's plans for filling the gaps, stopping the 
collection of unneeded data, and estimating expected 
implementation costs, and on any needed statutory changes to 
implement the needs assessment.
    One of the weaknesses in current transportation statistics 
is the lack of standardization across federal, state and local 
governments for the collection and management of transportation 
data. The Committee believes that BTS should serve as a 
national leader to encourage data standardization inside and 
outside the department. To enable states, local governments and 
Metropolitan Planning Organizations to participate in such 
efforts, the Committee authorizes $5 million annually for 
Research and Development demonstration grants.
    The Committee recognizes the importance of BTS's Advisory 
Council on Transportation Statistics, and explicitly calls for 
it to provide input to, and review the Report to Congress 
called for in subsection (d)(4). The Committee also broadens 
the expertise on the Advisory Committee by increasing 
membership from six to no fewer than 15 members. Although the 
Committee wants to ensure that a majority of members continue 
to have expertise in economics and statistics (including 
transportation statistics), the Committee recognizes a need for 
bringing other transportation community expertise to ensure 
that the Advisory Committee's work is grounded in the needs of 
the broader transportation community.
    It is also the Committee's view that BTS should maintain 
and support the National Transportation Library.

Section 108--State planning and research

    The Committee recognizes the importance of planning and 
research by increasing funding for this section from 2 percent 
to 2.5 percent of sums apportioned to the states. The Committee 
clarifies that planning funds may be used to plan for freight, 
land use, transportation-related growth management, as well as 
to support capacity building for planning. The committee 
maintains the current share (25 percent) of these funds that 
must be set aside for research, which would increase the total 
funds available to the states for research. It also calls for 
research into all modes of transportation, including bicycle 
and pedestrian travel, as well as into standards for intermodal 
coordination. The committee also believes that research should 
address innovative technologies (such as deliberative polling) 
for improving public input early in the planning process, which 
may reduce project delays and cost overruns.
    The bill also requires States to spend a minimum of 10 
percent of their SPR funds on improving the quality of data. 
This new provision reflects the Committee's recognition that 
there are significant gaps in the data available to 
characterize the extent, condition, use, performance and 
financing of the transportation system for passenger and 
freight movement. These data are critical to more effective 
planning and decision-making.

Section 109--Future strategic highway research program

    The Committee recognizes the importance of carrying out the 
research called for the Transportation Research Board Report 
260, ``Strategic Highway Research: Saving Lives, Reducing 
Congestion, Improving the Quality of Life.'' It also recognizes 
that Congress is turning over management of the program, which 
is authorized at nearly $400 million dollars over six years, to 
the National Research Council (NRC).
    Because of this unusual arrangement and the unprecedented 
funding levels involved, the bill requires that NRC implement 
the report as written. In particular, the Committee's view is 
that research conducted on highway capacity in support of the 
Nation's economic, environmental andmulti-modal transportation 
and social goals be balanced equally between the development of new 
capacity and squeezing more capacity out of our existing transportation 
infrastructure.
    To enhance the credibility of the research results, the 
Committee believes strongly that all NRC committees and panels 
established to implement the program include a balanced group 
of transportation stakeholders, with no one interest group 
having a controlling majority of votes.
    The bill also calls for a mid-term evaluation of the 
program by the Government Accounting Office to (1) ensure that 
the projects funded have addressed the R&D; topics in the TRB 
report, and (2) identify research topics that have not yet been 
addressed.

Section 110--University transportation research

    The Committee understands the import role served by 
universities in transportation research and workforce 
development. However, the Committee is concerned that there was 
a lack of competition for most of the University Transportation 
Centers designations in TEA-21. Therefore, the bill requires 
that all 26 centers (the 10 regional and 16 other centers) be 
designated through an open competition, peer-reviewed process. 
The Committee seeks to ensure that University Transportation 
Centers are competed fairly and openly and that new applicants 
are not disadvantaged in the competition. The Committee also 
expects greater oversight by DOT to ensure that the research 
carried out by the centers is aligned with DOT's strategic 
plans.
    The Nation's transportation systems are evolving in ways 
that require new skills for workers at all levels. The 
Committee creates a Transportation Education Development Pilot 
Program for universities to partner with State Departments of 
Transportation or industry to develop, test, and revise new 
curricula and education programs to meet these new challenges.
    The Committee also recognizes a need for research and 
development focused on identifying and addressing security 
issues related to transportation. The bill authorizes funding 
for up to four university transportation centers that will 
focus on transportation security needs.

Section 111--Intelligent transportation systems

    It is the Committee's view that R&D; investments in 
intelligent transportation systems (ITS) must be made 
deliberatively, and that DOT should consider, before investing, 
the likely market for a new system or technology, as well as 
the appropriate funding roles for the Federal government and 
the private sector. For this reason, the bill establishes an 
ITS Advisory Committee that is broadly representative of 
transportation stakeholders, and charges it with evaluating new 
ITS technologies.
    The Committee also believes that ITS technologies must be 
evaluated based on outcomes. ITS technologies should have clear 
and measurable goals, such as reducing congestion or improving 
safety. Demonstration projects should be designed with outcome-
based performance measurement in mind.
    It is the Committee's view that there may be great value in 
using information collected by current and future ITS 
technologies in real-time traffic management, planning, 
performance monitoring, program assessment, and policy 
applications. However, the Committee believes that DOT needs to 
assess the potential use of this data before investing in a new 
information infrastructure. The assessment should ensure that 
the infrastructure will be developed in a deliberative fashion, 
including assessing the need for new standards, and that the 
infrastructure will provide real value in reaching our 
transportation goals, and will be cost-effective.
    The Committee believes that greater focus must be put on 
interoperability of ITS systems, and that interoperability 
should be a fundamental goal of the national architecture. In 
addition, the Committee has heard that it is often difficult 
for States and other entities to implement new standards 
because these standards have not been validated. Therefore, the 
Committee requires that DOT validate new standards whenever it 
is appropriate.
    The Committee believes that there are many new areas in 
which ITS R&D; should be conducted. Experts in the ITS community 
have identified non-technical barriers as more critical than 
technical barriers in slowing the deployment of ITS 
technologies. Therefore, it is the Committee's view that DOT 
should fund R&D; aimed at finding ways to overcome these non-
technical barriers. The Committee also believes that ITS 
technologies can be utilized to develop integrated traffic 
management strategies and tools to reduce the multiple impacts 
of congestion (such as travel delays, vehicle emissions, safety 
concerns and fuel consumption) concurrently. These projects 
should be multi-disciplinary, and should incorporate 
stakeholders and end-use communities into the design and 
planning phases. ITS technologies should also be used to 
promote efficiency in goods movement through use of real-time 
tracking and management. Another important area of research is 
in-vehicle crash protection technologies to promote safety. 
This research should be done in a way that links the design of 
automotive technologies with realistic situations of vehicle 
use. Finally, research on the use of photonic and optic 
technologies to improve nighttime visibility, and increase the 
effectiveness of message signs and in-vehicle displays, should 
be conducted.
    It is the Committee's view that the ITS program should have 
a greater focus on congestion reduction. ITS technologies 
should be aimed at getting greater capacity out of the existing 
transportation system. For this reason, the bill calls for at 
least one-third of ITS R&D; funds to be used to develop 
technologies aimed at reducing congestion.

Section 208--National cooperative freight transportation research

    The Committee recognizes the economic importance of freight 
movement throughout the transportation system. The increases in 
freight and passenger traffic in some areas has led to 
congestion and travel delays. The disparity in size and weight 
of trucks and passenger vehicles creates safety concerns along 
heavily traveled routes. The Committee believes that this 
cooperative research program should include research on 
alternative means of freight movement including railroads and 
freight pipelines.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has timely submitted to the 
Committee on Science prior to the filing of this report and is 
included in Section X of this report pursuant to House Rule 
XIII, clause 3(c)(3).
    H.R. 3551 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
3551 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 18, 2004.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3551, the Surface 
Transportation Research and Development Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3551--Surface Transportation Research and Development Act of 2004

    Summary: CBO estimates that implementing H.R. 3551 would 
cost $2.7 billion over the 2005-2009 period and about $1 
billion after 2009. Enacting the legislation would not affect 
direct spending or revenues.
    H.R. 3551 would extend the authority for transportation 
research programs administered by the Federal Highway 
Administration (FHWA), the Federal Transit Administration 
(FTA), the National Highway Traffic Safety Administration 
(NHTSA), and the Federal Motor Carrier Safety Administration 
(FMCSA). For those programs, CBO estimates that the bill would 
authorize the appropriation of $2.8 billion and provide $865 
million in contract authority (the authority to incur 
obligations in advance of appropriations) over the 2005-2009 
period.
    Consistent with the Balanced Budget and Emergency Deficit 
Control Act, CBO assumes that the contract authority for those 
research programs would continue at the same rate provided 
immediately before the authority for the programs would expire 
in 2010. Hence, this estimate includes an additional $177 
million in contract authority in each year over the 2010-2014 
period.
    H.R. 3551 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
As conditions for receiving federal assistance, state and local 
governments would have to provide matching funds and comply 
with various planning and reporting requirements.
    Estimated cost to the Federal Government: The estimated 
budgetary impact is shown in Table 1. The costs of this 
legislation fall within budget function 400 (transportation).

      TABLE 1.--SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF H.R. 3551
------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2005    2006    2007    2008    2009
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Ongoing Highway Programs:
    Authorization Level.........     500     500     500     500     500
    Estimated Outlays...........      75     300     450     500     500
New Highway Grant Program \1\:
    Authorization Level.........       0       0       0       0       0
    Estimated Outlays...........      11      45      68      75      75
Transit Programs:
    Estimated Authorization           54      55      56      57      58
     Level......................
    Estimated Outlays...........       8      33      49      55      56
Highway Safety Programs \1\
    Estimated Authorization            0       0       0       0       0
     Level......................
    Estimated...................      13      57      86      97      99
Motor Carrier Safety Programs:
    Estimated Authorization           10      10      10      11      11
     Level......................
    Estimated Outlays...........       2       6       9      10      10
Commission on National
 Transportation Needs:
    Estimated Authorization            2       0       0       0       0
     Level......................
    Estimated Outlays...........       1       1       0       0       0
Total Proposed Changes:
    Estimated Authorization          566     565     566     567     569
     Level......................
    Estimated Outlays...........     110     442     662     737     741

                     CHANGES IN DIRECT SPENDING \1\

New Highway Grant and Highway
 Safety Programs:
    Estimated Budget Authority..      97      99     101     103     105
    Estimated Outlays...........       0       0       0       0       0
------------------------------------------------------------------------
\1\ Spending for these programs would be controlled by appropriation
  actions. Thus, while the budget authority would be a form of direct
  spending, outlays are shown in the discretionary spending category.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3551 will be enacted near the end of 2004. Estimates of outlays 
are based on historical spending patterns of transportation 
research programs. CBO estimates that implementing H.R. 3551 
would cost $2.7 billion over the 2005-2009 period. Enacting the 
bill would not affect revenues or outlays from direct spending; 
however, CBO estimates that enacting H.R. 3551 would increase 
contract authority by $505 million over the 2005-2009 period 
and by over $1 billion over the 2005-2014 period in comparison 
to CBO's baselines levels.

Spending subject to appropriation

    Highway Programs. H.R. 3551 would extend the authorization 
for research programs administered by FHWA. Some of those 
programs include conducting research and developing technology 
to improve highways, operating the Bureau of Transportation 
Statistics, and grants to universities to conduct 
transportation-related research. To conduct those activities in 
each year over the 2004-2009 period, the bill would authorize 
the appropriation of either 1.08 percent of amounts made 
available from the Highway Trust Fund or $500 million, 
whichever is greater. Because CBO cannot anticipate the amounts 
that will be made available from the trust fund over this 
period, CBO assumes the appropriation of $500 million in each 
year over the 2005-2009 period. CBO estimates that implementing 
those provisions would cost about $1.8 billion over the 2005-
2009 period and another $675 million after 2009.
    In addition to extending the authority to continue FHWA's 
ongoing research programs, H.R. 3551 would establish a new 
grant program that would fund research into improving highways. 
For this program, the bill would provide $75 million of 
contract authority each year over the 2004-2009 period. Under 
current law, spending from contract authority provided for 
highway research programs is considered discretionary because 
it is controlled by annual limitations on obligations set in 
appropriation acts. For this estimate, CBO assumes that 
appropriation actions will limit spending on the new grant 
program. CBO estimates that implementing the new program would 
cost $274 million over the 2005-2009 period and another $101 
million after 2009.
    Transit Programs. H.R. 3551 would authorize the 
appropriation of such sums as may be necessary over the 2004-
2009 period for FTA to conduct research on public 
transportation. These activities received $53 million for the 
current fiscal year. For this estimate, CBO adjusted that 
figure for anticipated inflation over the 2005-2009 period. We 
estimate that implementing this provision would cost $201 
million over the 2005-2009 period and another $79 million after 
2009.
    High Safety Programs. H.R. 3551 would provide an indefinite 
amount of contract authority over the 2004-2009 period for 
NHTSA to conduct research on highway safety. CBO's current 
baseline assumes $360 million of contract authority for highway 
safety research over the 2004-2009 period; however, based on 
information from the agency, CBO estimates that NHTSA would 
require an additional $130 million over the 2005-2009 period to 
conduct that research. Under current law, spending from 
contract authority provided for highway safety programs is 
considered discretionary because it is controlled by annual 
limitation on obligations set in appropriation acts. For this 
estimate, CBO assumes that appropriation actions will continue 
to limit spending on those programs. We estimate that 
implementing this provision would cost $352 million over the 
2004-2009 period and another $138 million after 2009.
    Motor Carrier Safety Programs. H.R. 3551 would authorize 
the appropriation of such sums as may be necessary over the 
2004-2009 period for FMCSA to conduct research and develop 
technology for improving truck safety. The Administration's 
budget request for fiscal year 2005 includes about $10 million 
for those activities. For this estimate, CBO assumes 
appropriation of $10 million in 2005 and adjusts this figure 
for anticipated inflation over the 2006-2009 period. We 
estimate that implementing that provision would cost $38 
million over the 2005-2009 period and another $14 million after 
2009.
    Commission on National Transportation Needs. H.R. 3551 
would establish a commission to study transportation needs in 
the United States, recommend changes to current policy that 
would help meet those needs, and issue a report before the end 
of 2005. For that commission, the bill would authorize the 
appropriation of such sums as necessary for fiscal years 2004 
and 2005. Based on historical spending patterns of similar 
organizations and information from the Department of 
Transportation, CBO estimates that implementing this provision 
would cost $2 million over the 2005-2006 period.

Contract authority (direct spending)

    Enacting the bill would not affect outlays from direct 
spending but would increase contact authority (a form of direct 
spending). Those effects are detailed in Table 2.

                        TABLE 2.--ESTIMATED EFFECTS ON CONTRACT AUTHORITY UNDER H.R. 3551
----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      2004   2005   2006   2007   2008   2009   2010   2011   2012   2013   2014
----------------------------------------------------------------------------------------------------------------
Baseline Contract Authority for         72     72     72     72     72     72     72     72     72     72     72
 Highway Safety Programs...........
Proposed Changes:
    Highway Grant Program..........      0     75     75     75     75     75     75     75     75     75     75
    Highway Safety Program.........      0     22     24     26     28     30     30     30     30     30     30
                                    ----------------------------------------------------------------------------
      Total Changes................      0     97     99    101    103    105    105    105    105    105    105
Contract Authority for Highway          72    169    171    173    175    177    177    177    177    177    177
 Safety Programs and Highway Grant
 Program Under H.R. 3551...........
----------------------------------------------------------------------------------------------------------------

    Highway Programs. H.R. 3551 would provide $75 million of 
contract authority each year over the 2004-2009 period for a 
new grant program to fund highway-related research. The 
Balanced Budget and Emergency Deficit Control Act specifies 
that an expiring mandatory program with current-year outlays in 
excess of $50 million be assumed to continue at the program 
level in place when it is scheduled to expire. Following that 
rule, under H.R. 3551, CBO projects $75 milllion in additional 
contract authority for the new grant program beginning in 2010.
    CBO assumes that spending on highway research programs 
would continue to be controlled by annual limitations on 
obligations in appropriation acts and that the outlays would 
therefore be discretionary.
    Highway Safety Programs. For research in highway safety, 
H.R. 3551 would provide an indefinite amount of contract 
authority over the 2004-2009 period. CBO estimates that NHTSA 
would require $490 million over the 2005-2009 period to conduct 
that research, and CBO projects another $102 million for that 
program each year beginning in 2010. CBO assumes, however, that 
spending on research on highway safety would continue to be 
controlled by annual limitations on obligations in 
appropriation acts and would therefore be discretionary.
    CBO's current baseline projects an annual level of contract 
authority for research on highway safety of $72 million and a 
total level of contract authority for this program of $360 
million over the 2005-2009 period. Thus, for that research, 
H.R. 3551 would provide $280 million in contract authority 
above the baseline level over the 2005-2014 period.
    Intergovernmental and Private-Sector Impact: H.R. 3551 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. As conditions for receiving federal 
assistance, state and local governments would have to provide 
matching funds and comply with various planning and reporting 
requirements.
    Estimate prepared by: Federal Costs: Rachel Milberg; Impact 
on State, Local, and Tribal Governments: Gregory Waring; and 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 3551 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to rule XIII, clause 3(c)(4) of the House of 
Representatives, the general performance goals and objectives 
of H.R. 3970 are to authorize appropriations to the Department 
of Transportation for surface transportation research and 
development.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 3551.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee reauthorized in 
H.R. 3551 are not currently being nor could they be performed 
by one or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 3551 does relate to the terms 
and conditions of employment or access to public services or 
accommodations within the meaning of section 102(b)(3) of the 
Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, As Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 23, UNITED STATES CODE

           *       *       *       *       *       *       *



CHAPTER 1--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *



SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Construction.--The term ``construction'' means 
        the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, wid-
ening of lanes, channelization of traffic, traffic control 
systems, and passenger loading and unloading areas; [and]
                  (H) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses[.]; and
                  (I) surface transportation workforce 
                development, training, and education.

           *       *       *       *       *       *       *

          (34) 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, 
        including activities for women and minorities.
          [(34)] (35) State transportation department.--The 
        term ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
          [(35)] (36) Transportation enhancement activities.--
        The term ``transportation enhancement activities'' 
        means, with respect to any project or the area to be 
        served by the project, any of the following activities 
        if such activity relates to surface transportation: 
        provision of facilities for pedestrians and bicycles, 
        provision of safety and educational activities for 
        pedestrians and bicyclists, acquisition of scenic 
        easements and scenic or historic sites, scenic or 
        historic highway programs (including the provision of 
        tourist and welcome center facilities), landscaping and 
        other scenic beautification, historic preservation, 
        rehabilitation and operation of historic transportation 
        buildings, structures, or facilities (including 
        historic railroad facilities and canals), preservation 
        of abandoned railway corridors (including the 
        conversion and use thereof for pedestrian or bicycle 
        trails), control and removal of outdoor advertising, 
        archaeological planning and research, environmental 
        mitigation to address water pollution due to highway 
        runoff or reduce vehicle-caused wildlife mortality 
        while maintaining habitat connectivity, and 
        establishment of transportation museums.
          [(36)] (37) Urban area.--The term ``urban area'' 
        means an urbanized area or, in the case of an urbanized 
        area encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
          [(37)] (38) Urbanized area.--The term ``urbanized 
        area'' means an area with a population of 50,000 or 
        more designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.

           *       *       *       *       *       *       *


Sec. 104. Apportionment

  (a) * * *

           *       *       *       *       *       *       *

  (m) Planning Capacity Building Initiative.--
          (1) In general.--The Secretary shall establish a 
        planning capacity building initiative to support 
        enhancements in transportation planning, in order to--
                  (A) strengthen metropolitan and statewide 
                transportation planning under sections 134 and 
                135, and under sections 5303 through 5305 of 
                title 49;
                  (B) enhance tribal capacity to conduct joint 
                transportation planning under chapter 2 of this 
                title; and
                  (C) participate in the metropolitan and 
                statewide transportation planning programs 
                under chapter 52 of title 49.
          (2) Priority.--The Secretary shall give priority to 
        planning practices and processes that support homeland 
        security planning, performance based planning, safety 
        planning, operations planning, freight planning, and 
        integration of environment and planning.
          (3) Use of funds.--Funds authorized for this program 
        may be used for research, program development, 
        information collection and dissemination, and technical 
        assistance. The Secretary may use these funds 
        independently or make grants to, or enter into 
        contracts and cooperative agreements with, a Federal 
        agency, State agency, local agency, federally 
        recognized Indian tribal government or tribal 
        consortium, authority, association, nonprofit or for-
        profit corporation, or institution of higher education, 
        to carry out the purposes of this subsection.
          (4) Federal share.--The Federal share of the cost of 
        an activity carried out using such funds shall be up to 
        100 percent, and such funds shall remain available 
        until expended.
          (5) Administration.--This initiative shall be 
        administered by the Federal Highway Administration in 
        cooperation with the Federal Transit Administration.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund such sums as may be necessary to carry out this 
        section for each of fiscal years 2004 through 2009.

           *       *       *       *       *       *       *


Chapter 4.--HIGHWAY SAFETY

           *       *       *       *       *       *       *


Sec. 403. Highway safety research and development

  (a) Authority of the Secretary.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Emergency medical services.--In addition to the 
        authority provided under this subsection, the Secretary 
        is authorized to use funds appropriated to carry out 
        this section to enhance coordination among Federal 
        agencies involved with State, local, tribal, and 
        community-based emergency medical services. In 
        exercising this authority, the Secretary may coordinate 
        with State and local governments, the Bureau of Indian 
        Affairs on behalf of Indian tribes, private industry, 
        and other interested parties; collect and exchange 
        emergency medical services data and information; 
        examine emergency medical services needs, best 
        practices, and related technology; and develop 
        emergency medical services standards and guidelines, 
        and plans for the assessment of emergency medical 
        services systems.
          (5) International cooperation.--In addition to the 
        authority provided under this subsection, the Secretary 
        is authorized to use funds appropriated to carry out 
        this section to participate and cooperate in 
        international activities to enhance highway safety by 
        such means as exchanging safety information; conducting 
        safety research and development; and examining safety 
        needs, best practices, and new technology.
          (6) National motor vehicle crash causation survey.--
        In addition to the authority provided under this 
        subsection, the Secretary is authorized to use funds 
        appropriated to carry out this section to develop and 
        conduct a nationally representative survey to collect 
        on-scene motor vehicle crash causation data.

           *       *       *       *       *       *       *


                   CHAPTER 5--RESEARCH AND TECHNOLOGY

Sec.
501. Definitions.
     * * * * * * *
[507. Surface transportation-environment cooperative research program.
[508. Surface transportation research strategic planning.]
507. Surface transportation environment and planning cooperative 
          research program.
508. Transportation research and development strategic planning.
509. Future strategic highway research program.
510. National cooperative freight transportation research and 
          development program.

           *       *       *       *       *       *       *


Sec. 502. Surface transportation research

  (a) General Authority.--
          (1) Research, development, and technology transfer 
        activities.--The Secretary [may] shall 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).]
                  (B) all phases of transportation planning and 
                development (including construction, 
                transportation system management and operation, 
                modernization, development, design, 
                maintenance, safety, data collection, 
                performance analysis, multimodal assessment, 
                financing, demand forecasting, and traffic 
                conditions);
                  (C) institutional arrangements and support; 
                and
                  (D) the effect of State laws on the 
                activities described in subparagraphs (A), (B), 
                and (C).

           *       *       *       *       *       *       *

  [(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.]
  (c) Contents of Research and Development Program.--The 
Secretary shall include in surface transportation research, 
development, and technology transfer programs carried out under 
this title coordinated activities in the following areas:
          (1) Research and development on materials and 
        structures to improve the durability of surface 
        transportation infrastructure and extend the life of 
        pavements and bridges, including, as appropriate--
                  (A) development of nondestructive evaluation 
                equipment for use with existing infrastructure 
                facilities and with next-generation 
                infrastructure facilities that use advanced 
                materials;
                  (B) standardized estimates, 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;
                  (C) research on the effects of climate 
                conditions (such as freezing, thawing, and 
                precipitation) on highway construction 
                materials, and development of materials that 
                can withstand climatic conditions; and
                  (D) 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.
          (2) Research and development on the operation and 
        management of the surface transportation system to 
        improve efficiency, productivity, and safety, 
        including, as appropriate--
                  (A) 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;
                  (B) research and system analysis to 
                facilitate and integrate bicycle and pedestrian 
                travel in the transportation system, including 
                within National Parks and in areas adjacent to 
                National Park land;
                  (C) development of dynamic simulation models 
                of surface transportation systems for--
                          (i) predicting capacity, safety, and 
                        infrastructure durability problems;
                          (ii) evaluating the extent to which 
                        projects are likely to achieve their 
                        stated objectives; and
                          (iii) testing the strengths and 
                        weaknesses of proposed revisions to 
                        surface transportation operations and 
                        management programs;
                  (D) improvement of life cycle cost analysis, 
                including--
                          (i) establishing the appropriate 
                        analysis period and discount rates;
                          (ii) learning how to value and 
                        properly consider use costs;
                          (iii) determining tradeoffs between 
                        reconstruction and rehabilitation; and
                          (iv) establishing methodologies for 
                        balancing higher initial costs of new 
                        technologies and improved or advanced 
                        materials against lower maintenance 
                        costs;
                  (E) research on the effects of climatic 
                conditions (such as freezing, thawing, and 
                precipitation) on the costs of highway 
                construction materials and maintenance;
                  (F) research, development, and technology 
                transfer related to asset management; and
                  (G) evaluation of traffic calming measures 
                that promote community preservation, 
                transportation mode choice, and safety.
          (3) Research, development, and technology transfer to 
        improve safety.
          (4) Research and development to support the 
        evaluation of how the surface transportation system and 
        individual surface transportation projects meet the 
        goals of the surface transportation system stated in 
        section 102(a) of the Surface Transportation Research 
        and Development Act of 2004, including, as 
        appropriate--
                  (A) 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; and
                  (B) research on, and dissemination of 
                recommendations and best practices aimed at 
                addressing, nontechnical barriers to technology 
                deployment (such as fragmented local authority, 
                rigid procurement rules, and privacy and 
                liability considerations).
          (5) To assess how the surface transportation system 
        affects and is affected by social systems, including, 
        as appropriate--
                  (A) research aimed at understanding how 
                emerging trends (including demographic, 
                economic, and social trends) will affect 
                surface transportation usage and needs;
                  (B) research on how land use affects and is 
                affected by surface transportation investments; 
                and
                  (C) telecommuting and the linkages between 
                transportation, information technology, and 
                community development, and the impact of 
                technological change and economic restructuring 
                on travel demand.
          (6) Environmental research and development, including 
        research described in the Transportation Research Board 
        Special Report 268, entitled ``Surface Transportation 
        Environmental Research: A Long-Term Strategy'' 
        published in 2002.
          (7) Exploratory advanced research in any of the 
        preceding areas.
          (8) Any other surface transportation research and 
        development topics that the Secretary determines, in 
        accordance with the strategic planning process under 
        section 508, to be critical.
  (d) 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 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.]
          (2) Purpose.--The purpose of the research program 
        under this subsection shall be to achieve breakthroughs 
        in transportation research. Exploratory advanced 
        research should have a broader objective, longer time 
        frame, multidisciplinary nature, and have both a higher 
        risk and a higher potential payoff than for problem-
        solving research.
          (3) Workshop.--The Secretary shall convene a workshop 
        with appropriate researchers and policymakers from 
        Federal and State agencies, as well as academic 
        researchers. The purpose of the workshop shall be to 
        determine priority areas of exploratory advanced 
        research and to identify the best way to accomplish 
        this research (such as through federally funded 
        research and development centers or academic 
        researchers). The workshop shall include a diverse 
        group of stakeholders. The Secretary shall make the 
        results of the workshop widely available to the public. 
        The workshop shall be held within 6 months after the 
        date of the enactment of this paragraph.
          (4) Grant program.--The Secretary may administer a 
        competitive, peer-reviewed grant program to support 
        exploratory advanced research.
          (5) Report.--The President's annual budget request to 
        the Congress shall indicate the amount of funding used 
        in the previous fiscal year, and proposed for the next 
        fiscal year, to support exploratory advanced research 
        under this subsection, including the amount used to 
        support extramural research grants in exploratory 
        advanced research under this subsection.
  (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] and the 
        Transportation Equity Act for the 21st Century.

           *       *       *       *       *       *       *

  (f) 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.
  [(f)] (g) Seismic Research Program.--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (h) Infrastructure Investment Needs Report.--
          (1) In general.--Not later than [January 31, 1999] 
        July 31, 2004, 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) * * *

           *       *       *       *       *       *       *

          (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] 
        previous reports under this subsection.
  (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.

Sec. 503. Technology deployment

  (a) Technology Deployment [Initiatives and Partnerships] 
Program.--
          [(1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment initiatives 
        and partnerships program.]
          (1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment program.

           *       *       *       *       *       *       *

          [(7) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary may make grants and 
        enter into cooperative agreements and contracts to 
        foster alliances and support efforts to stimulate 
        advances in transportation technology, including--
                  [(A) the testing and evaluation of products 
                of the strategic highway research program;
                  [(B) the further development and 
                implementation of technology in areas such as 
                the Superpave system and the use of lithium 
                salts and other alternatives to prevent and 
                mitigate alkali silica reactivity;
                  [(C) the provision of support for long-term 
                pavement performance product implementation and 
                technology access; and
                  [(D) other activities to achieve the goals 
                established under paragraph (3).
          [(8) Reports.--Not later than 18 months after the 
        date of enactment of this section, and biennially 
        thereafter, the Secretary shall submit to the Committee 
        on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives a report on the progress and 
        results of activities carried out under this section.]
          (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 
                open competition and peer review, and on 
                whether the project that is the subject of the 
                grant serves the purpose of the program 
                described in paragraph (2).
          (8) Technology and information transfer.--The 
        Secretary shall ensure that the information and 
        technology resulting from research and development 
        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.
          [(9)] (10) Allocation.--To the extent appropriate to 
        achieve the goals established under paragraph (3), the 
        Secretary may further allocate funds made available to 
        carry out this section to States for their use.
  (b) Innovative Bridge Research and Construction 
Program.--
          [(1) In general.--The Secretary shall establish and 
        carry out a program to demonstrate the application of 
        innovative material technology in the construction of 
        bridges and other structures.
          [(2) Goals.--The goals of the program shall include--
                  [(A) the development of new, cost-effective 
                innovative material highway bridge 
                applications;
                  [(B) the reduction of maintenance costs and 
                life-cycle costs of bridges, including the 
                costs of new construction, replacement, or 
                rehabilitation of deficient bridges;
                  [(C) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                  [(D) the development of engineering design 
                criteria for innovative products and materials 
                for use in highway bridges and structures;
                  [(E) the development of cost-effective and 
                innovative techniques to separate vehicle and 
                pedestrian traffic from railroad traffic;
                  [(F) the development of highway bridges and 
                structures that will withstand natural 
                disasters, including alternative processes for 
                the seismic retrofit of bridges; and
                  [(G) the development of new nondestructive 
                bridge evaluation technologies and techniques.]
          (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.--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.
  (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, including innovative 
                pavement materials, 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.
          (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 
                open competition and peer review, and 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.
  (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 
                open competition and peer review, and 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.

           *       *       *       *       *       *       *


Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Courses.--The Institute may develop and 
        administer courses in modern developments, techniques, 
        methods, regulations, management, and procedures 
        relating to surface transportation, environmental 
        mitigation and compliance, acquisition of rights-of-
        way, relocation assistance, engineering, safety, 
        construction, maintenance and operations, contract 
        administration, motor carrier safety activities, 
        inspection, and highway finance.]
          (3) Courses.--
                  (A) In general.--The Institute shall develop 
                or update courses in the subject areas of asset 
                management, application of emerging 
                technologies, including intelligent 
                transportation systems, techniques, methods, 
                regulations, information technology, general 
                management, environmental stewardship, 
                acquisition of rights-of-way, relocation 
                assistance, engineering, safety, transportation 
                system management and operations, construction, 
                maintenance, contract administration, 
                inspection, and finance.
                  (B) Additional courses.--In addition to the 
                courses in the subject matter areas described 
                in subparagraph (A), the Institute, in 
                consultation with State transportation 
                departments and the American Association of 
                State Highway and Transportation Officials, may 
                develop other courses as it considers 
                necessary.
                  (C) Revision of courses offered.--The 
                Institute shall periodically--
                          (i) review the course inventory of 
                        the Institute; and
                          (ii) revise or cease to offer courses 
                        based on course content, applicability, 
                        and need.
  (b) Local Technical Assistance Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (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 (2)(D)(ii) of this subsection 
                shall be 100 percent.

           *       *       *       *       *       *       *

  (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; or
                  (D) 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.
  (e) Garrett A. Morgan Technology and Transportation Education 
Program.--
          (1) In general.--The Secretary shall establish the 
        Garrett A. Morgan Technology and Transportation 
        Education Program to improve the preparation of 
        students, particularly women and minorities, in 
        science, technology, engineering, and mathematics 
        through curriculum development and other activities 
        related to transportation.
          (2) Authorized activities.--The Secretary shall award 
        grants under this subsection on the basis of 
        competitive, peer review. Grants awarded under this 
        subsection may be used for enhancing science, 
        technology, engineering, and mathematics at the 
        elementary and secondary school level through such 
        means as--
                  (A) internships that offer students 
                experience in the transportation field;
                  (B) programs that allow students to spend 
                time observing scientists and engineers in the 
                transportation field; and
                  (C) developing relevant curriculum that uses 
                examples and problems related to 
                transportation.
          (3) Application and review procedures.--
                  (A) In general.--An entity described in 
                subparagraph (C) seeking funding under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require. Such application, at a minimum, 
                shall include a description of how the funds 
                will be used and a description of how the funds 
                will be used to serve the purposes described in 
                paragraph (2).
                  (B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority 
                to applicants that will encourage the 
                participation of women and minorities.
                  (C) Eligibility.--Local education agencies 
                and State education agencies, which may partner 
                with institutions of higher education, 
                businesses, or other entities, shall be 
                eligible to apply for grants under this 
                subsection.
          (4) Definitions.--For purposes of this subsection--
                  (A) the term ``institution of higher 
                education'' has the meaning given that term in 
                section 101 of the Higher Education Act of 1965 
                (20 U.S.C. 1001);
                  (B) the term ``local educational agency'' has 
                the meaning given that term in section 9101 of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801); and
                  (C) the term ``State educational agency'' has 
                the meaning given that term in section 9101 of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801).
          (5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of 
        Transportation to carry out this subsection $500,000 
        for fiscal year 2005 and such sums as may be necessary 
        thereafter.

[Sec. 505. State planning and research

  [(a) General Rule.--Two percent of the sums apportioned to a 
State for fiscal year 1998 and each fiscal year thereafter 
under section 104 (other than sections 104(f) and 104(h)) and 
under section 144 shall be available for expenditure by the 
State, in consultation with the Secretary, only for the 
following purposes:
          [(1) Engineering and economic surveys and 
        investigations.
          [(2) The planning of future highway programs and 
        local public transportation systems and the planning of 
        the financing of such programs and systems, including 
        metropolitan and statewide planning under sections 134 
        and 135.
          [(3) Development and implementation of management 
        systems under section 303.
          [(4) Studies of the economy, safety, and convenience 
        of surface transportation systems and the desirable 
        regulation and equitable taxation of such systems.
          [(5) Research, development, and technology transfer 
        activities necessary in connection with the planning, 
        design, construction, management, and maintenance of 
        highway, public transportation, and intermodal 
        transportation systems.
          [(6) Study, research, and training on the engineering 
        standards and construction materials for transportation 
        systems described in paragraph (5), including the 
        evaluation and accreditation of inspection and testing 
        and the regulation and taxation of their use.
  [(b) Minimum Expenditures on Research, Development, and 
Technology Transfer Activities.--
          [(1) In general.--Subject to paragraph (2), not less 
        than 25 percent of the funds subject to subsection (a) 
        that are apportioned to a State for a fiscal year shall 
        be expended by the State for research, development, and 
        technology transfer activities described in subsection 
        (a), relating to highway, public transportation, and 
        intermodal transportation systems.
          [(2) Waivers.--The Secretary may waive the 
        application of paragraph (1) with respect to a State 
        for a fiscal year if the State certifies to the 
        Secretary for the fiscal year that total expenditures 
        by the State for transportation planning under sections 
        134 and 135 will exceed 75 percent of the funds 
        described in paragraph (1) and the Secretary accepts 
        such certification.
          [(3) Nonapplicability of assessment.--Funds expended 
        under paragraph (1) shall not be considered to be part 
        of the extramural budget of the agency for the purpose 
        of section 9 of the Small Business Act (15 U.S.C. 638).
  [(c) Federal Share.--The Federal share of the cost of a 
project carried out using funds subject to subsection (a) shall 
be 80 percent unless the Secretary determines that the 
interests of the Federal-aid highway program would be best 
served by decreasing or eliminating the non-Federal share.
  [(d) Administration of Sums.--Funds subject to subsection (a) 
shall be combined and administered by the Secretary as a single 
fund and shall be available for obligation for the same period 
as funds apportioned under section 104(b)(1).]

Sec. 505. State planning and research

  (a) In General.--Two and a half percent of the sums 
apportioned to a State for fiscal year 2004 and each fiscal 
year thereafter under section 104 (other than subsections (f) 
and (h)) and under sections 105 and 144 shall be available for 
expenditure by the State, in consultation with the Secretary, 
only for the following purposes:
          (1) Engineering and economic surveys and 
        investigations.
          (2) The planning of future highway programs and local 
        public transportation systems, the planning of the 
        financing of such programs and systems, including 
        metropolitan and Statewide planning under sections 134 
        and 135, freight planning, safety planning, 
        transportation systems management and operations 
        planning, transportation-related land use planning, and 
        transportation-related growth management activities 
        within these planning processes, and planning capacity 
        building activities.
          (3) Development and implementation of infrastructure 
        management and traffic monitoring systems, and for 
        asset management.
          (4) Studies of the economy, safety, and convenience 
        of highway, local public transportation, bicycle, and 
        pedestrian systems and the desirable regulation and 
        equitable taxation of their use.
          (5) Research, development, and technology transfer 
        activities necessary in connection with the planning, 
        design, construction, management, maintenance, 
        regulation, and taxation of the use of highway, local 
        public transportation, and intermodal transportation 
        systems, including innovative techniques for ensuring 
        representative public input (e.g. deliberative 
        polling).
          (6) Research on the effects of design standards on 
        intermodal coordination, such as the highway-rail 
        interface, and on safe pedestrian access to transit on 
        arterial roads and urban highways.
          (7) Study, research and development, and training on 
        the engineering standards and construction materials, 
        including accreditation of inspection and testing, for 
        highway, local public transportation, bicycle, 
        pedestrian, and intermodal transportation systems.
  (b) Minimum Expenditures on Research, Development, and 
Technology Transfer Activities.--
          (1) In general.--Subject to paragraph (2), not less 
        than 25 percent of the funds appropriated pursuant to 
        subsection (a) to a State for a fiscal year shall be 
        expended by the State for research, development, and 
        technology transfer activities described in subsection 
        (a), relating to highway, public transportation, 
        bicycle, pedestrian, and intermodal transportation 
        systems.
          (2) Waivers.--The Secretary may waive the application 
        of paragraph (1) with respect to a State for a fiscal 
        year if the State certifies to the Secretary for the 
        fiscal year that the funds described in paragraph (1) 
        are not needed for research, development, and 
        technology transfer and the Secretary accepts such 
        certification.
          (3) Nonapplicability of assessment.--Funds expended 
        under paragraph (1) shall not be considered to be part 
        of the extramural budget of the agency for the purpose 
        of section 9 of the Small Business Act (15 U.S.C. 638).
  (c) Minimum Expenditures for Improving the Quality of 
Collection and Reporting of Strategic Surface Transportation 
Data.--
          (1) In general.--Subject to paragraph (2), not less 
        than 10 percent of the funds appropriated pursuant to 
        subsection (a) for a fiscal year to a State shall be 
        expended by the State to improve the collection and 
        reporting of strategic surface transportation data to 
        provide critical information about the extent, 
        condition, use, performance, and financing of the 
        Nation's surface transportation system (including 
        intermodal connectors) for passenger and freight 
        movement.
          (2) Waivers.--The Secretary may waive the application 
        of paragraph (1) with respect to a State for a fiscal 
        year if the State certifies to the Secretary for the 
        fiscal year that the State is collecting and reporting 
        strategic data consistent with quality assurance 
        guidelines developed cooperatively with the States and 
        the Secretary approves such certification.
  (d) Federal Share.--The Federal share of the cost of a 
project carried out using funds subject to subsection (a) shall 
be matched in accordance with section 120(b) unless the 
Secretary determines that the interests of the surface 
transportation program would be best served without such 
matching.

           *       *       *       *       *       *       *


[Sec. 507. Surface transportation-environment cooperative research 
                    program

  [(a) In General.--The Secretary shall establish and carry out 
a surface transportation-environment cooperative research 
program.
  [(b) Contents.--The program to be carried out under this 
section shall include research designed--
          [(1) to develop more accurate models for evaluating 
        transportation control measures and transportation 
        system designs that are appropriate for use by State 
        and local governments, including metropolitan planning 
        organizations, in designing implementation plans to 
        meet Federal, State, and local environmental 
        requirements;
          [(2) to improve understanding of the factors that 
        contribute to the demand for transportation, including 
        transportation system design, demographic change, land 
        use planning, and communications and other information 
        technologies;
          [(3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
          [(4) to study the relationship between highway 
        density and ecosystem integrity, including the impacts 
        of highway density on habitat integrity and overall 
        ecosystem health, and develop a rapid assessment 
        methodology for use by transportation and regulatory 
        agencies in determining the relationship between 
        highway density and ecosystem integrity; and
          [(5) to meet additional priorities as determined by 
        the advisory board established under subsection (c), 
        including recommendations of the National Research 
        Council in the report entitled ``Environmental Research 
        Needs in Transportation''.
  [(c) Advisory Board.--
          [(1) Establishment.--In consultation with the 
        Secretary of Energy, the Administrator of the 
        Environmental Protection Agency, and the heads of other 
        appropriate Federal departments and agencies, the 
        Secretary shall establish an advisory board to 
        recommend environmental and energy conservation 
        research, technology, and technology transfer 
        activities related to surface transportation.
          [(2) Membership.--The advisory board shall include--
                  [(A) representatives of State transportation 
                and environmental agencies;
                  [(B) transportation and environmental 
                scientists and engineers; and
                  [(C) representatives of metropolitan planning 
                organizations, transit operating agencies, and 
                environmental organizations.
  [(d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsection (b) as the Secretary 
determines appropriate.

[Sec. 508. Surface transportation research strategic planning

  [(a) In General.--The Secretary shall--
          [(1) establish a strategic planning process, 
        consistent with section 306 of title 5 for the 
        Department of Transportation to determine national 
        transportation research and technology development 
        priorities related to surface transportation;
          [(2) coordinate Federal surface transportation 
        research and technology development activities;
          [(3) measure the results of those activities and how 
        they impact the performance of the surface 
        transportation systems of the United States; and
          [(4) ensure that planning and reporting activities 
        carried out under this section are coordinated with all 
        other surface transportation planning and reporting 
        requirements.
  [(b) Implementation.--The Secretary shall--
          [(1) provide for the integrated planning, 
        coordination, and consultation among the operating 
        administrations of the Department of Transportation, 
        all other Federal agencies with responsibility for 
        surface transportation research and technology 
        development, State and local governments, institutions 
        of higher education, industry, and other private and 
        public sector organizations engaged in surface 
        transportation-related research and development 
        activities;
          [(2) ensure that the surface transportation research 
        and technology development programs of the Department 
        do not duplicate other Federal, State, or private 
        sector research and development programs; and
          [(3) provide for independent validation of the 
        scientific and technical assumptions underlying the 
        surface transportation research and technology 
        development programs of the Department.
  [(c) Surface Transportation Research and Technology 
Development Strategic Plan.--
          [(1) Development.--The Secretary shall develop an 
        integrated surface transportation research and 
        technology development strategic plan.
          [(2) Contents.--The plan shall include--
                  [(A) an identification of the general goals 
                and objectives of the Department of 
                Transportation for surface transportation 
                research and development;
                  [(B) a description of the roles of the 
                Department and other Federal agencies in 
                achieving the goals identified under 
                subparagraph (A), in order to avoid unnecessary 
                duplication of effort;
                  [(C) a description of the overall strategy of 
                the Department, and the role of each of the 
                operating administrations of the Department, in 
                carrying out the plan over the next 5 years, 
                including a description of procedures for 
                coordination of the efforts of the Secretary 
                with the efforts of the operating 
                administrations of the Department and other 
                Federal agencies;
                  [(D) an assessment of how State and local 
                research and technology development activities 
                are contributing to the achievement of the 
                goals identified under subparagraph (A);
                  [(E) details of the surface transportation 
                research and technology development programs of 
                the Department, including performance goals, 
                resources needed to achieve those goals, and 
                performance indicators as described in section 
                1115(a) of title 31, United States Code, for 
                the next 5 years for each area of research and 
                technology development;
                  [(F) significant comments on the plan 
                obtained from outside sources; and
                  [(G) responses to significant comments 
                obtained from the National Research Council and 
                other advisory bodies, and a description of any 
                corrective actions taken pursuant to such 
                comments.
          [(3) National research council review.--The Secretary 
        shall enter into an agreement for the review by the 
        National Research Council of the details of each--
                  [(A) strategic plan or revision required 
                under section 306 of title 5;
                  [(B) performance plan required under section 
                1115 of title 31; and
                  [(C) program performance report required 
                under section 1116,
        with respect to surface transportation research and 
        technology development.
          [(4) Performance plans and reports.--In reports 
        submitted under sections 1115 and 1116 of title 31, the 
        Secretary shall include--
                  [(A) a summary of the results for the 
                previous fiscal year of surface transportation 
                research and technology development programs to 
                which the Department of Transportation 
                contributes, along with--
                          [(i) an analysis of the relationship 
                        between those results and the goals 
                        identified under paragraph (2)(A); and
                          [(ii) a description of the 
                        methodology used for assessing the 
                        results; and
                  [(B) a description of significant surface 
                transportation research and technology 
                development initiatives, if any, undertaken 
                during the previous fiscal year that were not 
                in the plan developed under paragraph (1), and 
                any significant changes in the plan from the 
                previous year's plan.
  [(d) Merit Review and Performance Measurement.--Not later 
than 1 year after the date of enactment of this section, the 
Secretary shall transmit to Congress a report describing 
competitive merit review procedures for use in selecting 
grantees and contractors in the programs covered by the plan 
developed under subsection (c) and performance measurement 
procedures for evaluating the programs.
  [(e) Procurement Procedures.--The Secretary shall--
          [(1) develop model procurement procedures that 
        encourage the use of advanced technologies; and
          [(2) develop model transactions for carrying out and 
        coordinating Federal and State surface transportation 
        research and technology development activities.
  [(f) Consistency With Government Performance and Results Act 
of 1993.--The plans and reports developed under this section 
shall be consistent with and incorporated as part of the plans 
developed under section 306 of title 5 and sections 1115 and 
1116 of title 31.]

Sec. 507. Surface Transportation Environment and Planning Cooperative 
                    Research Program

  (a) In General.--
          (1) Establishment.--The Secretary shall establish and 
        support a collaborative, public-private, multimodal 
        surface transportation environment and planning 
        cooperative research and development program.
          (2) Program.--The program established under paragraph 
        (1) shall solely carry out research and development 
        called for in the Transportation Research Board Special 
        Report 268, entitled ``Surface Transportation 
        Environmental Research: A Long-Term Strategy'', 
        published in 2002, which included the following 
        research and development areas:
                  (A) Human Health.
                  (B) Ecology and Natural Systems.
                  (C) Environmental and Social Justice.
                  (D) Emerging Technologies.
                  (E) Land Use.
                  (F) Planning and Performance Measures.
  (b) Administration.--
          (1) Agreement.--The Secretary shall enter into an 
        arrangement with the National Research Council, or 
        another nonprofit research organization, such as the 
        Health Effects Institute, to administer the program 
        established under subsection (a)(1).
          (2) Dissemination of research and development 
        findings.--The organization described in paragraph (1) 
        and the Department of Transportation shall proactively 
        disseminate research and development findings under 
        this section to researchers, practitioners, and 
        decisionmakers.
  (c) Advisory Board.--
          (1) Establishment.--The organization described in 
        subsection (b)(1) shall establish an advisory board.
          (2) Membership.--The advisory board shall be 
        balanced, and shall include--
                  (A) representatives from pubic interest 
                groups representing the environment;
                  (B) representatives of State, regional, and 
                local transportation agencies, including 
                metropolitan planning organizations and transit 
                agencies;
                  (C) representatives of State environmental 
                agencies;
                  (D) transportation and environmental 
                scientists and engineers; and
                  (E) representatives of Federal agencies, 
                including the Department of Transportation, the 
                Environmental Protection Agency, and the 
                National Science Foundation.
          (3) Responsibilities.--The advisory board shall--
                  (A) develop an annual research and 
                development agenda to carry out research and 
                development activities described in subsection 
                (a)(2);
                  (B) solicit research proposals to carry out 
                the research and development agenda, and 
                oversee peer review of proposals;
                  (C) develop project selection criteria 
                through an open and public consultation process 
                with stakeholders; and
                  (D) select projects for funding.
          (4) Criteria.--In developing criteria, the advisory 
        board shall give priority to proposals that--
                  (A) are designed to develop fundamental 
                knowledge;
                  (B) are interdisciplinary and involve 
                partnerships; and
                  (C) include significant matching funds.
  (d) Project Funding.--In addition to using funds authorized 
for this section, the organization described in subsection 
(b)(1) is encouraged to seek and accept additional funding 
sources from public and private entities.
  (e) Annual Report.--The organization described in subsection 
(b)(1) shall prepare and transmit to the Secretary and the 
Congress an annual report that includes a project summary for 
every project funded under this section. Each summary shall 
describe the project, summarize its status and funding levels, 
and identify sources of funding.

Sec. 508. Transportation research and development strategic planning

  (a) In General.--
          (1) Development.--Not later than 1 year after the 
        date of enactment of the Surface Transportation 
        Research and Development Act of 2004, the Secretary 
        shall develop a 5-year transportation research and 
        development strategic plan to guide Federal 
        transportation research and development activities. 
        This plan shall be consistent with section 306 of title 
        5, sections 1115 and 1116 of title 31, and any other 
        research and development plan within the Department of 
        Transportation.
          (2) Contents.--The strategic plan developed under 
        paragraph (1) shall--
                  (A) describe the primary purposes of the 
                transportation research and development 
                program, which shall include, at a minimum--
                          (i) reducing congestion and improving 
                        mobility;
                          (ii) promoting safety;
                          (iii) promoting security;
                          (iv) protecting and enhancing the 
                        environment;
                          (v) preserving the existing 
                        transportation system; and
                          (vi) improving the durability and 
                        extending the life of transportation 
                        infrastructure;
                  (B) for each purpose, list the primary 
                research and development topics that the 
                Department intends to pursue to accomplish that 
                purpose, which may include the fundamental 
                research in the physical and natural sciences, 
                applied research, technology development, and 
                social science research intended for each 
                topic; and
                  (C) for each research and development topic, 
                describe--
                          (i) the anticipated annual funding 
                        levels for the period covered by the 
                        strategic plan; and
                          (ii) the additional information the 
                        Department expects to gain at the end 
                        of the period covered by the strategic 
                        plan as a result of the research and 
                        development in that topic area.
          (3) Considerations.--In developing the strategic 
        plan, the Secretary shall ensure that the plan--
                  (A) reflects input from a wide range of 
                stakeholders;
                  (B) includes and integrates the research and 
                development programs of all the Department's 
                operating administrations, including aviation, 
                transit, rail, and maritime; and
                  (C) takes into account how research and 
                development by other Federal, State, private 
                sector, and not-for-profit institutions 
                contributes to the achievement of the purposes 
                identified under paragraph (2)(A), and avoids 
                unnecessary duplication with these efforts.
          (4) Performance plans and reports.--In reports 
        submitted under sections 1115 and 1116 of title 31, the 
        Secretary shall include--
                  (A) a summary of the Federal transportation 
                research and development activities for the 
                previous fiscal year in each topic area;
                  (B) the amount of funding spent in each topic 
                area;
                  (C) a description of the extent to which the 
                research and development is meeting the 
                expectations set forth in paragraph (2)(C)(ii); 
                and
                  (D) any amendments to the strategic plan.
  (b) Annual Report.--The Secretary shall submit to Congress an 
annual report, along with the President's annual budget 
request, describing the amount spent in the last completed 
fiscal year on transportation research and development and the 
amount proposed in the current budget for transportation 
research and development.
  (c) National Research Council Review.--The Secretary shall 
enter into an agreement for the review by the National Research 
Council of the details of each--
          (1) strategic plan under section 508;
          (2) performance plan required under section 1115 of 
        title 31; and
          (3) program performance report required under section 
        1116 of title 31,
with respect to transportation research and development.

Sec. 509. Future Strategic Highway Research Program

  (a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation 
Officials, shall establish and support a grant program to be 
known as the Future Strategic Highway Research Program.
  (b) Program.--The program established under this section 
shall implement the Transportation Research Board Special 
Report 260, entitled ``Strategic Highway Research: Saving 
Lives, Reducing Congestion, Improving Quality of Life'', which 
included the following research areas:
          (1) Accelerating the renewal of America's highways.
          (2) Making a significant improvement in highway 
        safety.
          (3) Providing a highway system with reliable travel 
        times.
          (4) Providing highway capacity in support of the 
        Nation's economic, environmental, multi-modal 
        transportation, and social goals.
  (c) Administration.--The Secretary shall enter into an 
arrangement with the National Research Council to administer 
the program established under subsection (a).
  (d) Period of Availability.--Funds set aside to carry out 
this section shall remain available for the fiscal year for 
which such funds are made available and the three succeeding 
fiscal years.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation from the 
Highway Trust Fund, for each of fiscal years 2004 through 2009, 
$75,000,000 to carry out this section.
  (f) Program Administration.--In carrying out the program 
under this section, the Secretary, through the agreement with 
the National Research Council, shall ensure that the selection 
of awards shall be based on open competition and peer review, 
and that a balanced group of stakeholders is represented on all 
committees and panels established to implement the program. 
Proposals that involve partnerships and include significant 
matching funds shall be encouraged, although no matching funds 
are required.
  (g) Programmatic Evaluations.--Within 3 years after the first 
research and development project grants, cooperative 
agreements, or contracts are awarded under this section, the 
Comptroller General shall review the program under this 
section, and recommend improvements. The review shall assess 
the degree to which projects funded under this section have 
addressed the research and development topics identified in the 
Transportation Research Board Special Report 260, including 
identifying those topics which have not yet been addressed.
  (h) Annual Progress and Performance Report.--The National 
Research Council shall produce an annual progress and 
performance report for the program under this section. The 
report shall summarize the status, funding, and sponsors of all 
funded projects by the research and development areas specified 
in subsection (b). The report shall be submitted to the 
Secretary, to the Committee on Transportation and 
Infrastructure and the Committee on Science of the House of 
Representatives, and to the Committee on Environment and Public 
Works of the Senate.

Sec. 510. National cooperative freight transportation research and 
                    development program

  (a) Establishment.--The Secretary shall establish and support 
a national cooperative freight transportation research and 
development program. The program shall focus on all forms of 
freight transportation, including trucking and rail.
  (b) Agreement.--The Secretary shall enter into an arrangement 
with the National Research Council to support and carry out 
administrative and management activities relating to the 
governance of the national cooperative freight transportation 
research and development program.
  (c) Advisory Committee.--The National Research Council shall 
select an advisory committee consisting of a representative 
cross-section of freight stakeholders, including the Department 
of Transportation, other Federal agencies, State transportation 
departments, local governments, the American Association of 
State Highway and Transportation Officials and other nonprofit 
entities (including environmental groups), academia, and the 
private sector.
  (d) Governance.--The national cooperative freight 
transportation research and development program established 
under this section shall include the following administrative 
and management elements:
          (1) National research and development agenda.--The 
        advisory committee, in consultation with stakeholders, 
        shall recommend a national research and development 
        agenda for the national cooperative freight 
        transportation research and development program. The 
        national research and development agenda shall include 
        a multi-year strategic plan.
          (2) Stakeholder involvement.--Stakeholders may--
                  (A) submit research and development proposals 
                to the advisory committee;
                  (B) participate in merit reviews of research 
                and development proposals and peer reviews of 
                research and development products; and
                  (C) receive research and development results.
          (3) Open competition and peer review of research and 
        development proposals.--The National Research Council 
        shall award research and development contracts and 
        grants through open competition and peer review 
        conducted on a regular basis.
          (4) Evaluation of research.--
                  (A) Peer review.--Research and development 
                contracts and grants shall allow peer review of 
                the research and development results.
                  (B) Programmatic evaluations.--The National 
                Research Council may conduct periodic 
                programmatic evaluations on a regular basis.
          (5) Dissemination of research findings.--The National 
        Research Council shall disseminate research and 
        development findings to researchers, practitioners, and 
        decisionmakers.
  (e) Contents.--The national research and development agenda 
for the national cooperative freight transportation research 
and development program required under subsection (d)(1) may 
include research and development in the following areas:
          (1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
          (2) Alternative approaches to calculating the 
        contribution of truck traffic to congestion on specific 
        highway segments.
          (3) The feasibility of freight villages as a means of 
        consolidating origins and destinations for freight 
        movement.
          (4) Methods for incorporating estimates of 
        international trade into landside transportation 
        planning.
          (5) The use of technology applications to increase 
        capacity of highway lanes dedicated to truck-only 
        traffic.
          (6) Development of physical and policy alternatives 
        for separating car and truck traffic.
          (7) Ways to synchronize infrastructure improvements 
        with freight transportation demand.
          (8) Additional priorities to identify and address the 
        emerging and future research and development needs 
        related to freight transportation.
  (f) Funding.--
          (1) Federal share.--The Federal share of the cost of 
        an activity carried out using such funds shall be up to 
        100 percent, and such funds shall remain available 
        until expended.
          (2) Use of non-federal funds.--In addition to using 
        funds authorized for this section, the National 
        Research Council may seek and accept additional funding 
        sources from public and private entities capable of 
        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), states, local governments, nonprofit 
        foundations, and the private sector.
                              ----------                              


             TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                    TITLE V--TRANSPORTATION RESEARCH

     * * * * * * *

             [Subtitle C--Intelligent Transportation Systems

[Sec. 5201. Short title.
[Sec. 5202. Findings.
[Sec. 5203. Goals and purposes.
[Sec. 5204. General authorities and requirements.
[Sec. 5205. National ITS program plan.
[Sec. 5206. National architecture and standards.
[Sec. 5207. Research and development.
[Sec. 5208. Intelligent transportation system integration program.
[Sec. 5209. Commercial vehicle intelligent transportation system 
          infrastructure deployment.
[Sec. 5210. Use of funds.
[Sec. 5211. Definitions.
[Sec. 5212. Project funding.
[Sec. 5213. Repeal.]

             Subtitle C--Intelligent Transportation Systems

Sec. 5201. Short title.
Sec. 5202. Goals and purposes.
Sec. 5203. General authorities and requirements.
Sec. 5204. Using information from intelligent transportation systems.
Sec. 5205. National architecture and standards.
Sec. 5206. Research and development.
Sec. 5207. Use of funds.
Sec. 5208. Definitions.

           *       *       *       *       *       *       *


TITLE V--TRANSPORTATION RESEARCH

           *       *       *       *       *       *       *


Subtitle B--Research and Technology

           *       *       *       *       *       *       *


SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION 
                    TECHNOLOGIES.

  (a) * * *
  [(b) Program Stages.--
          [(1) First stage.--Not later than 18 months after the 
        date of enactment of this Act, 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.]
  (b) Program.--
          (1) National policy.--The Secretary shall establish 
        and maintain a national policy for the use of 
        commercial remote sensing products and geospatial 
        information technologies in national transportation 
        infrastructure development and construction.
          (2) Policy implementation.--The Secretary shall 
        develop new applications of commercial remote sensing 
        products and geospatial information technologies for 
        the implementation of the national policy established 
        and maintained under paragraph (1).

           *       *       *       *       *       *       *


            [Subtitle C--Intelligent Transportation Systems

[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.) 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) 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 (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 (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, 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) 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 
                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.

[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, $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, $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.]

             Subtitle C--Intelligent Transportation Systems

SEC. 5201. SHORT TITLE.

  This subtitle may be cited as the ``Intelligent 
Transportation Systems Act of 2004''.

SEC. 5202. 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, motorcycles, 
        and bicycles, and including pedestrians and 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 transportation system program to, at a 
minimum--
          (1) develop and test emerging technologies to meet 
        the goals described in subsection (a);
          (2) expedite deployment and ensure integration and 
        interoperability of proven intelligent transportation 
        systems;
          (3) analyze the likelihood of utilization of 
        intelligent transportation system technologies by the 
        intended user community;
          (4) ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for full 
        consideration in the transportation planning process;
          (5) improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          (6) promote the innovative use of private resources;
          (7) develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems; and
          (8) evaluate costs and benefits of intelligent 
        transportation systems projects.

SEC. 5203. 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 proven systems through research on barriers to 
deployment as a component of the surface transportation systems 
of the United States.
  (b) Policy.--Intelligent transportation system research, 
development, operational tests, and deployment projects funded 
pursuant to this subtitle shall encourage and not displace 
public-private partnerships or private sector investment in 
such research and development 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, federally funded research and development 
centers, 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, may consult with the Secretary of Commerce, the 
Secretary of the Treasury, the Secretary of Homeland Security, 
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 shall 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 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) make that information (except for 
                proprietary information and data) readily 
                available to all users of the repository.
          (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).
                  (B) Federal financial assistance.--If the 
                Secretary delegates responsibility under 
                subparagraph (A), the entity to which the 
                responsibility is delegated shall be eligible 
                for Federal financial assistance under this 
                section.
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out this subtitle.
          (2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan 
        and rural interests, and include, at a minimum--
                  (A) a representative from a State highway 
                department;
                  (B) a representative from a local highway 
                department who is not from a metropolitan 
                planning organization;
                  (C) a representative from a State, local, or 
                regional transit agency;
                  (D) a representative from a metropolitan 
                planning organization;
                  (E) a private sector user of intelligent 
                transportation system technologies;
                  (F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  (G) an academic researcher who is a civil 
                engineer;
                  (H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  (I) a representative from a not-for-profit 
                group representing the intelligent 
                transportation system industry;
                  (J) a representative from a public interest 
                group concerned with safety;
                  (K) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  (L) members with expertise in planning, 
                safety, and operations.
          (3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  (A) Provide input into the development of the 
                Intelligent Transportation System aspects of 
                the strategic plan under section 508 of title 
                23, United States Code.
                  (B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          (i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          (ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users, and, if 
                        not, to determine the barriers to 
                        deployment; and
                          (iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered.
          (4) Report.--Not later than February 1 of each year 
        after the date of enactment of the Surface 
        Transportation Research and Development Act of 2004, 
        the Secretary shall transmit to the Committee on 
        Science and the Committee on Transportation and 
        Infrastructure of the House of Representatives, and to 
        the Committee on Environment and Public Works of the 
        Senate, a report including--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of how the Secretary has 
                implemented those recommendations; and
                  (C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          (5) Applicability of federal advisory committee 
        act.--The Advisory Committee 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 model deployment 
                projects carried out under this subtitle.
                  (B) Content.--Such evaluations shall include 
                specific, quantitative measures to determine 
                whether a technology is meeting its intended 
                goal. To the maximum extent practicable, these 
                measures shall evaluate the outcome of the 
                technology (such as accidents avoided or 
                decreased travel times or travel time 
                variability).
                  (C) 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.
                  (D) 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.
                  (E) Dissemination.--The Secretary shall make 
                readily available through the Internet all 
                information collected through evaluations 
                carried out under this subsection.
          (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, United States Code.

SEC. 5204. USING INFORMATION FROM INTELLIGENT TRANSPORTATION SYSTEMS.

  (a) Report.--The Secretary shall prepare a report assessing 
the value of current and anticipated data collected from 
intelligent transportation system technologies to determine 
whether and how that data should be used for real-time traffic 
management, planning, performance monitoring, program 
assessment, and policy applications.
  (b) Assessment.--In preparing the report under subsection 
(a), the Secretary should assess--
          (1) the extent to which data should be centralized 
        nationally in support of national planning and goals, 
        what information should be aggregated regionally, and 
        what information should be kept locally;
          (2) the need for data standards;
          (3) public and private data sources other than 
        intelligent transportation system data sources (such as 
        roadway characteristics inventories and incident 
        information) that, combined with intelligent 
        transportation system data, would enhance the utility 
        of intelligent transportation system data to 
        decisionmakers, and how these data sources can be 
        merged; and
          (4) how to make data accessible to users.
  (c) Consultation.--In developing the strategy under this 
section, the Secretary shall consult with the Bureau of 
Transportation Statistics and the advisory committee 
established under section 5203(h).
  (d) Report to Congress.--Not later than 2 years after the 
date of the enactment of this subsection, the Secretary shall 
transmit to the Committee on Science and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, and to the Committee on Environment and Public 
Works of the Senate, the report developed under this section.

SEC. 5205. 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 (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) Goal.--The goal of the national architecture and 
        standards shall be to ensure, whenever it is 
        appropriate, 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.
          (4) Standard validation.--The Secretary shall ensure 
        that new standards promulgated for intelligent 
        transportation system technologies that are funded by 
        the Department are tested and validated, whenever it is 
        appropriate, and shall ensure that the results of such 
        testing and validation are made publicly available.
  (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)(1) and (2), 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) 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 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 and development 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 the Transportation 
                Equity Act for the 21st Century, 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 the Transportation Equity Act for 
        the 21st Century.

SEC. 5206. RESEARCH AND DEVELOPMENT.

  (a) In General.--The Secretary shall carry out a 
comprehensive program of research, development, and operational 
tests of intelligent vehicles and intelligent infrastructure 
systems, as well as research into barriers to their deployment, 
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) are aimed at reducing congestion and improving 
        mobility and efficiency;
          (2) are aimed at improving safety;
          (3) are aimed at improving security by focusing on 
        responding to security-related emergencies, and 
        preventing such emergencies;
          (4) incorporate human factors research, including the 
        science of the driving process;
          (5) develop methods to address nontechnical barriers 
        to the deployment of intelligent transportation system 
        technologies, and the best ways to develop partnerships 
        to successfully deploy intelligent transportation 
        system technologies;
          (6) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies;
          (7) incorporate research on the impact of 
        environmental, weather, and natural conditions on 
        intelligent transportation systems, including the 
        effects of cold climates;
          (8) utilize interdisciplinary approaches to develop 
        traffic management strategies and tools to address 
        multiple impacts of congestion concurrently;
          (9) are aimed at improving the efficiency of goods 
        movement, such as through real-time tracking and 
        management; or
          (10) facilitate high-performance transportation 
        systems, through methods such as congestion pricing, 
        real-time facility management, rapid emergency 
        response, and just-in-time transit.
  (c) Operational Tests.--Operational tests shall be used to 
evaluate promising technologies that have not yet been 
demonstrated. 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. 5207. USE OF FUNDS.

  (a) Congestion Reduction.--At least \1/3\ of funds made 
available under section 5206 for intelligent transportation 
systems research and development shall be used to research, 
develop, and operationally test technologies whose primary 
purpose is to reduce congestion.
  (b) 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.
  (c) 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. 5208. DEFINITIONS.

  In this subtitle, the following definitions apply:
          (1) Intelligent transportation infrastructure.--The 
        term ``intelligent transportation infrastructure'' 
        means fully integrated public sector intelligent 
        transportation system components, as defined by the 
        Secretary.
          (2) 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.
          (3) 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.
          (4) 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.
          (5) State.--The term ``State'' has the meaning given 
        the term under section 101 of title 23, United States 
        Code.

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TITLE 49, UNITED STATES CODE

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SUBTITLE I--DEPARTMENT OF TRANSPORTATION

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CHAPTER 1--ORGANIZATION

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[Sec. 111. Bureau of Transportation Statistics

  [(a) Establishment.--There is established in the Department 
of Transportation a Bureau of Transportation Statistics.
  [(b) Director.--
          [(1) Appointment.--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) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the compilation and analysis of transportation 
        statistics.
          [(3) Reporting.--The Director shall report directly 
        to the Secretary.
          [(4) Term.--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 be 
responsible for carrying out the following duties:
          [(1) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of 
        transportation statistics to provide timely summaries 
        and totals (including industrywide aggregates and 
        multiyear averages) of transportation-related 
        information. Such statistics shall be suitable for 
        conducting cost-benefit studies (including comparisons 
        among individual transportation modes and intermodal 
        transport systems) and shall include information on--
                  [(A) productivity in various parts of the 
                transportation sector;
                  [(B) traffic flows;
                  [(C) travel times;
                  [(D) vehicle weights;
                  [(E) variables influencing traveling 
                behavior, including choice of transportation 
                mode;
                  [(F) travel costs of intracity commuting and 
                intercity trips;
                  [(G) availability of mass transit and the 
                number of passengers served by each mass 
                transit authority;
                  [(H) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  [(I) accidents;
                  [(J) collateral damage to the human and 
                natural environment;
                  [(K) the condition of the transportation 
                system; and
                  [(L) transportation-related variables that 
                influence global competitiveness.
          [(2) Implementing long-term data collection 
        program.--Establishing and implementing, in cooperation 
        with the modal administrators, the States, and other 
        Federal officials a comprehensive, long-term program 
        for the collection and analysis of data relating to the 
        performance of the transportation systems of the United 
        States. Such program shall--
                  [(A) be coordinated with efforts to measure 
                outputs and outcomes of the Department of 
                Transportation and the transportation systems 
                of the United States under the Government 
                Performance and Results Act of 1993 (107 Stat. 
                285 et seq.) and the amendments made by such 
                Act;
                  [(B) ensure that data is collected under this 
                subsection in a manner which will maximize the 
                ability to compare data from different regions 
                and for different time periods; and
                  [(C) ensure that data collected under this 
                subsection is controlled for accuracy, made 
                relevant to the States and metropolitan 
                planning organizations, and disseminated to the 
                States and other interested parties.
          [(3) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of 
        Transportation required for statistics to be compiled 
        under paragraph (1) in order to ensure that such 
        information is accurate, reliable, relevant, and in a 
        form that permits systematic analysis. The Bureau shall 
        review and report to the Secretary of Transportation on 
        the sources and reliability of the statistics proposed 
        by the heads of the operating administrations of the 
        Department to measure outputs and outcomes as required 
        by the Government Performance and Results Act of 1993, 
        and the amendments made by such Act, and shall carry 
        out such other reviews of the sources and reliability 
        of other data collected by the heads of the operating 
        administrations of the Department as shall be requested 
        by the Secretary.
          [(4) Coordinating collection of information.--
        Coordinating the collection of information by the 
        Department of Transportation required for statistics to 
        be compiled under paragraph (1) with related 
        information-gathering activities conducted by other 
        Federal departments and agencies and collecting 
        appropriate data not elsewhere gathered.
          [(5) Making statistics accessible.--Making the 
        statistics published under this subsection readily 
        accessible.
          [(6) Identifying information needs.--Identifying 
        information that is needed under paragraph (1) but 
        which is not being collected, reviewing such needs at 
        least annually with the Advisory Council on 
        Transportation Statistics, and making recommendations 
        to appropriate Department of Transportation research 
        officials concerning extramural and intramural research 
        programs to provide such information.
          [(7) Supporting transportation decisionmaking.--
        Ensuring that the statistics compiled under paragraph 
        (1) are relevant for transportation decisionmaking by 
        the Federal Government, State and local governments, 
        transportation-related associations, private 
        businesses, and consumers.
  [(d) Intermodal Transportation Data Base.--
          [(1) In general.--In consultation with the Associate 
        Deputy Secretary, the Assistant Secretaries, and the 
        heads of the operating administrations of the 
        Department of Transportation, the Director shall 
        establish and maintain a transportation data base for 
        all modes of transportation.
          [(2) Use.--The data base shall be suitable for 
        analyses carried out by the Federal Government, the 
        States, and metropolitan planning organizations.
          [(3) Contents.--The data base shall include--
                  [(A) information on the volumes and patterns 
                of movement of goods, including local, 
                interregional, and international movement, by 
                all modes of transportation and intermodal 
                combinations, and by relevant classification;
                  [(B) information on the volumes and patterns 
                of movement of people, including local, 
                interregional, and international movements, by 
                all modes of transportation (including bicycle 
                and pedestrian modes) and intermodal 
                combinations, and by relevant classification;
                  [(C) information on the location and 
                connectivity of transportation facilities and 
                services; and
                  [(D) a national accounting of expenditures 
                and capital stocks on each mode of 
                transportation and intermodal combination.
  [(e) National Transportation Library.--
          [(1) In general.--The Director shall establish and 
        maintain a National Transportation Library, which shall 
        contain a collection of statistical and other 
        information needed for transportation decisionmaking at 
        the Federal, State, and local levels.
          [(2) Access.--The Director shall facilitate and 
        promote access to the Library, with the goal of 
        improving the ability of the transportation community 
        to share information and the ability of the Director to 
        make statistics readily accessible under subsection 
        (c)(5).
          [(3) Coordination.--The Director shall work with 
        other transportation libraries and other transportation 
        information providers, both public and private, to 
        achieve the goal specified in paragraph (2).
  [(f) National Transportation Atlas Data Base.--
          [(1) In general.--The Director shall develop and 
        maintain geospatial data bases that depict--
                  [(A) transportation networks;
                  [(B) flows of people, goods, vehicles, and 
                craft over the networks; and
                  [(C) social, economic, and environmental 
                conditions that affect or are affected by the 
                networks.
          [(2) Intermodal network analysis.--The data bases 
        shall be able to support intermodal network analysis.
  [(g) Research and Development Grants.--
          [(1) In general.--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) 
        for--
                  [(A) investigation of the subjects specified 
                in subsection (c)(1) and research and 
                development of new methods of data collection, 
                management, integration, dissemination, 
                interpretation, and analysis;
                  [(B) development of electronic clearinghouses 
                of transportation data and related information, 
                as part of the National Transportation Library 
                under subsection (e); and
                  [(C) development and improvement of methods 
                for sharing geographic data, in support of the 
                national transportation atlas data base under 
                subsection (f) and the National Spatial Data 
                Infrastructure developed under Executive Order 
                No. 12906.
          [(2) Limitation.--Not more than $500,000 of the 
        amounts made available to carry out this section in a 
        fiscal year may be used to carry out this subsection.
  [(h) Limitations on Statutory Construction.--Nothing in this 
section shall be construed--
          [(1) to authorize the Bureau to require any other 
        department or agency to collect data; or
          [(2) to reduce the authority of any other officer of 
        the Department of Transportation to collect and 
        disseminate data independently.
  [(i) Prohibition on Certain Disclosures.--
          [(1) In general.--An officer or employee of the 
        Bureau may not--
                  [(A) make any disclosure in which the data 
                provided by an individual or organization under 
                subsection (c)(2) can be identified;
                  [(B) use the information provided under 
                subsection (c)(2) 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).
          [(2) Prohibition on requests for certain data.--
                  [(A) Government agencies.--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)(2) with the Bureau or retained 
                by an individual respondent.
                  [(B) Courts.--Any 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) Applicability.--This paragraph shall 
                apply only to reports that permit information 
                concerning an individual or organization to be 
                reasonably inferred by direct or indirect 
                means.
          [(3) Data collected for nonstatistical purposes.--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.
  [(j) Transportation Statistics Annual Report.--The Director 
shall transmit to the President and Congress a Transportation 
Statistics Annual Report which shall include information on 
items referred to in subsection (c)(1), documentation of 
methods used to obtain and ensure the quality of the statistics 
presented in the report, and recommendations for improving 
transportation statistical information.
  [(k) 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.]

Sec. 111. Bureau of Transportation Statistics

  (a) Establishment.--There is established in the Department of 
Transportation a Bureau of Transportation Statistics.
  (b) Director.--
          (1) Appointment.--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) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the collection, analysis, and use of transportation 
        statistics.
          (3) Reporting.--The Director shall report directly to 
        the Secretary.
          (4) Term.--The term of the Director shall be 5 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 
shall be responsible for carrying out the following duties:
          (1) Providing data, statistics, and analysis to 
        transportation decisionmakers.--Ensuring that the 
        statistics compiled under paragraph (5) are designed to 
        support transportation decisionmaking by the Federal 
        Government, State and local governments, metropolitan 
        planning organizations, transportation-related 
        associations, the private sector (including the freight 
        community), and the public.
          (2) Coordinating collection of information.--Working 
        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.
          (3) Data modernization.--Continually improving 
        surveys and data collection methods to improve the 
        accuracy and utility of transportation statistics.
          (4) Encouraging data standardization.--Encouraging 
        the standardization of data, data collection methods, 
        and data management and storage technologies for data 
        collected by the Bureau, the operating administrations 
        of the Department of Transportation, States, local 
        governments, metropolitan planning organizations, and 
        private sector entities.
          (5) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of 
        transportation statistics on the performance and 
        impacts of the national transportation system, 
        including statistics on--
                  (A) productivity in various parts of the 
                transportation sector;
                  (B) traffic flows for all modes of 
                transportation;
                  (C) other elements of the Intermodal 
                Transportation Database established under 
                subsection (g);
                  (D) travel times and measures of congestion;
                  (E) vehicle weights and other vehicle 
                characteristics;
                  (F) demographic, economic, and other 
                variables influencing traveling behavior, 
                including choice of transportation mode, and 
                goods movement;
                  (G) transportation costs for passenger travel 
                and goods movement;
                  (H) availability and use of mass transit 
                (including the number of passengers served by 
                each mass transit authority) and other forms of 
                for-hire passenger travel;
                  (I) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  (J) safety and security for travelers, 
                vehicles, and transportation systems;
                  (K) consequences of transportation for the 
                human and natural environment;
                  (L) the extent, connectivity, and condition 
                of the transportation system, building on the 
                National Transportation Atlas Database 
                developed under subsection (g); and
                  (M) transportation-related variables that 
                influence the domestic economy and global 
                competitiveness.
          (6) National spatial data infrastructure.--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.
          (7) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of 
        Transportation required for statistics to be compiled 
        under paragraph (5) in order to ensure that such 
        information is accurate, reliable, relevant, and in a 
        form that permits systematic analysis. The Bureau shall 
        review and report to the Secretary of Transportation on 
        the sources and reliability of the statistics proposed 
        by the heads of the operating administrations of the 
        Department to measure outputs and outcomes as required 
        by the Government Performance and Results Act of 1993, 
        and the amendments made by such Act, and shall carry 
        out such other reviews of the sources and reliability 
        of other data collected or statistical information 
        published by the heads of the operating administrations 
        of the Department as shall be requested by the 
        Secretary.
          (8) Making statistics accessible.--Making the 
        statistics published under this subsection readily 
        accessible.
  (d) Information Needs Assessment.--
          (1) In general.--Within 60 days after the date of the 
        enactment of the Surface Transportation Research and 
        Development Act of 2004, the Secretary shall enter into 
        an arrangement with the National Research Council to 
        develop and publish a National Transportation 
        Information Needs Assessment. The Assessment shall be 
        transmitted to the Secretary and the Congress not later 
        than 24 months after such arrangement is entered into.
          (2) Content.--The Assessment shall--
                  (A) identify, in priority order, 
                transportation data that is not being collected 
                by the Bureau, Department of Transportation 
                operating administrations, or other Federal, 
                State, or local entities, but is needed to 
                improve transportation decisionmaking at the 
                Federal, State, and local level and to fulfill 
                the requirements of subsection (c)(5);
                  (B) recommend whether the data identified in 
                subparagraph (A) should be collected by the 
                Bureau, other parts of the Department, or by 
                other Federal, State, or local entities, and 
                whether any data is a higher priority than data 
                currently being collected;
                  (C) identify any data the Bureau or other 
                Federal, State, and local entities is 
                collecting that is not needed;
                  (D) describe new data collection methods 
                (including changes in surveys) and other 
                changes the Bureau or other Federal, State, and 
                local entities should implement to improve the 
                standardization, accuracy, and utility of 
                transportation data and statistics; and
                  (E) estimate the cost of implementing any 
                recommendations.
          (3) Consultation.--In developing the Assessment, the 
        National Research Council shall consult with the 
        Department's Advisory Council on Transportation 
        Statistics and a representative cross-section of 
        transportation community stakeholders as well as other 
        Federal agencies, including the Environmental 
        Protection Agency, the Department of Energy, and the 
        Department of Housing and Urban Development.
          (4) Report to congress.--Not later than 6 months 
        after the National Research Council transmits the Needs 
        Assessment under paragraph (1), the Secretary shall 
        transmit a report to the Committee on Science and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives, and to the Committee on 
        Environment and Public Works of the Senate, that 
        describes--
                  (A) how the Department plans to fill the data 
                gaps identified under paragraph (2)(A);
                  (B) how the Department plans to stop 
                collecting data identified under paragraph 
                (2)(C);
                  (C) how the Department plans to implement 
                improved data collection methods and other 
                changes identified under paragraph (2)(D);
                  (D) the expected costs of implementing 
                subparagraphs (A), (B), and (C) of this 
                paragraph;
                  (E) any findings of the Needs Assessment 
                under paragraph (1) with which the Secretary 
                disagrees, and why; and
                  (F) any proposed statutory changes needed to 
                implement the findings if the Needs Assessment 
                under paragraph (1).
  (e) Intermodal Transportation Data Base.--
          (1) In general.--In consultation with the Under 
        Secretary for Policy, the Assistant Secretaries, and 
        the heads of the operating administrations of the 
        Department of Transportation, the Director shall 
        establish and maintain a transportation data base for 
        all modes of transportation.
          (2) Use.--The data base shall be suitable for 
        analyses carried out by the Federal Government, the 
        States, and metropolitan planning organizations.
          (3) Contents.--The data base shall include--
                  (A) information on the volumes and patterns 
                of movement of goods, including local, 
                interregional, and international movement, by 
                all modes of transportation and intermodal 
                combinations, and by relevant classification;
                  (B) information on the volumes and patterns 
                of movement of people, including local, 
                interregional, and international movements, by 
                all modes of transportation (including bicycle 
                and pedestrian modes) and intermodal 
                combinations, and by relevant classification;
                  (C) information on the location and 
                connectivity of transportation facilities and 
                services; and
                  (D) a national accounting of expenditures and 
                capital stocks on each mode of transportation 
                and intermodal combination.
  (f) National Transportation Library.--
          (1) In general.--The Director shall establish and 
        maintain a National Transportation Library, which shall 
        contain a collection of statistical and other 
        information needed for transportation decisionmaking at 
        the Federal, State, and local levels.
          (2) Access.--The Director shall facilitate and 
        promote access to the Library, with the goal of 
        improving the ability of the transportation community 
        to share information and the ability of the Director to 
        make statistics readily accessible under subsection 
        (c)(8).
          (3) Coordination.--The Director shall work with other 
        transportation libraries and other transportation 
        information providers, both public and private, to 
        achieve the goal specified in paragraph (2).
  (g) National Transportation Atlas Data Base.--
          (1) In general.--The Director shall develop and 
        maintain geospatial data bases that depict--
                  (A) transportation networks;
                  (B) flows of people, goods, vehicles, and 
                craft over the networks; and
                  (C) social, economic, and environmental 
                conditions that affect or are affected by the 
                networks.
          (2) Intermodal network analysis.--The data bases 
        shall be able to support intermodal network analysis.
  (h) 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 as part of the 
collection of freight data, 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.
  (i) Research and Development Grants.--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) for--
          (1) investigation of the subjects specified in 
        subsection (c)(5) and research and development of new 
        methods of data collection, standardization, 
        management, integration, dissemination, interpretation, 
        and analysis;
          (2) demonstration programs by States, local 
        governments, and metropolitan planning organizations to 
        harmonize data collection, reporting, management, 
        storage, and archiving to simplify data comparisons 
        across jurisdictions;
          (3) development of electronic clearinghouses of 
        transportation data and related information, as part of 
        the National Transportation Library under subsection 
        (f); and
          (4) development and improvement of methods for 
        sharing geographic data, in support of the national 
        transportation atlas data base under subsection (g) and 
        the National Spatial Data Infrastructure developed 
        under Executive Order No. 12906.
  (j) Limitations on Statutory Construction.--Nothing in this 
section shall be construed--
          (1) to authorize the Bureau to require any other 
        department or agency to collect data; or
          (2) to reduce the authority of any other officer of 
        the Department of Transportation to collect and 
        disseminate data independently.
  (k) Prohibition on Certain Disclosures.--
          (1) In general.--An officer or employee 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) Prohibition on requests for certain data.--
                  (A) Government agencies.--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) Courts.--Any 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) Applicability.--This paragraph shall 
                apply only to reports that permit information 
                concerning an individual or organization to be 
                reasonably inferred by direct or indirect 
                means.
          (3) Data collected for nonstatistical purposes.--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) Transportation Statistics Annual Report.--The Director 
shall transmit to the President and Congress a Transportation 
Statistics Annual Report which shall include information on 
items referred to in subsection (c)(5), documentation of 
methods used to obtain and ensure the quality of the statistics 
presented in the report, and recommendations for improving 
transportation statistical information.
  (m) Proceeds of Data Product Sales.--Notwithstanding section 
3302 of title 31, 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.
  (n) Advisory Council on Transportation Statistics.--
          (1) Establishment.--The Director of the Bureau of 
        Transportation Statistics shall establish an Advisory 
        Council on Transportation Statistics.
          (2) Function.--It shall be the function of the 
        Advisory Council established under this subsection to--
                  (A) advise the Director of the Bureau of 
                Transportation Statistics on the quality, 
                reliability, consistency, objectivity, and 
                relevance of transportation statistics and 
                analyses collected, supported, or disseminated 
                by the Bureau of Transportation Statistics and 
                the Department of Transportation;
                  (B) provide input to and review the report to 
                Congress under subsection (d)(4); and
                  (C) advise the Director on methods to 
                encourage harmonization and interoperability of 
                transportation data collected by the Bureau, 
                the operating administrations of the Department 
                of Transportation, States, local governments, 
                metropolitan planning organizations, and 
                private sector entities.
          (3) Membership.--The Advisory Council established 
        under this subsection shall be composed of not fewer 
        than 15 members appointed by the Director, who are not 
        officers or employees of the United States, including--
                  (A) 2 members with specific expertise in 
                economics;
                  (B) 3 members with expertise in statistics; 
                and
                  (C) additional members with expertise in 
                transportation statistics, analysis, or policy.
        Members shall include representatives of a cross-
        section of transportation community stakeholders.
          (4) Terms of appointment.--(A) Except as provided in 
        subparagraph (B), members shall be appointed to 
        staggered terms not to exceed 3 years. A member may be 
        renominated for one additional 3-year term.
          (B) Members serving on the Advisory Council on 
        Transportation Statistics as of the date of enactment 
        of the Surface Transportation Research and Development 
        Act of 2004 shall serve until the end of their 
        appointed terms.
          (5) Applicability of federal advisory committee 
        act.--The Federal Advisory Committee Act shall apply to 
        the Advisory Council established under this subsection, 
        except that section 14 of the Federal Advisory 
        Committee Act shall not apply to such Advisory Council.

           *       *       *       *       *       *       *


SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 53--MASS TRANSPORTATION

           *       *       *       *       *       *       *


Sec. 5315. National transit institute

  (a) Establishment and Duties.--The Secretary of 
Transportation shall make grants to Rutgers University to 
establish a national transit institute. In cooperation with the 
Federal Transit Administration, State transportation 
departments, public [mass] transportation authorities, and 
national and international entities, the institute shall 
develop and conduct training programs of instruction for United 
States Government, State, and local transportation employees, 
United States citizens, and foreign nationals engaged or to be 
engaged in Government-aid [mass] public transportation work. 
The programs may include courses in recent developments, 
techniques, and procedures related to--
          (1) [mass] public transportation planning;

           *       *       *       *       *       *       *

          (6) procurement strategies for [mass] public 
        transportation systems;
          (7) turnkey approaches to delivering [mass] public 
        transportation systems;

           *       *       *       *       *       *       *

          (10) ways to make [mass] public transportation 
        accessible to individuals with disabilities;

           *       *       *       *       *       *       *

  (d) Availability of Amounts.--Not more than .5 percent of the 
amounts made available for a fiscal year beginning after 
September 30, 1991, to a State or public [mass] transportation 
authority in the State to carry out sections 5307 and 5309 of 
this title is available for expenditure by the State and public 
[mass] transportation authorities in the State, with the 
approval of the Secretary, to pay not more than 80 percent of 
the cost of tuition and direct educational expenses related to 
educating and training State and local transportation employees 
under this section.

           *       *       *       *       *       *       *


Sec. 5322. Human resource programs

  (a) In General.--The Secretary of Transportation may 
undertake, or make grants and contracts for, programs that 
address human resource needs as they apply to mass 
transportation activities. A program may include--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Grants to Higher Learning Institutions.--
          (1) The Secretary (or the Secretary of Housing and 
        Urban Development when required by section 5334(i) of 
        this title) may make grants to nonprofit institutions 
        of higher learning--
                  (A) to conduct competent research and 
                development and investigations into the 
                theoretical or practical problems of urban 
                transportation; and
                  (B) to train individuals to conduct further 
                research and development or obtain employment 
                in an organization that plans, builds, 
                operates, or manages an urban transportation 
                system.
          (2) Research and investigations under this subsection 
        include--
                  (A) the design and use of urban public 
                transportation systems and urban roads and 
                highways;
                  (B) the interrelationship between various 
                modes of urban and interurban transportation;
                  (C) the role of transportation planning in 
                overall urban planning;
                  (D) public preferences in transportation;
                  (E) the economic allocation of transportation 
                resources; and
                  (F) the legal, financial, engineering, and 
                esthetic aspects of urban transportation.
          (3) When making a grant under this subsection, the 
        Secretary shall give preference to an institution that 
        brings together knowledge and expertise in the various 
        social science and technical disciplines related to 
        urban transportation problems.
  (c) Fellowships.--
          (1) The Secretary may make grants to States, local 
        governmental authorities, and operators of public 
        transportation systems to provide fellowships to train 
        personnel employed in managerial, technical, and 
        professional positions in the mass transportation 
        field.
          (2) A fellowship under this subsection may be for not 
        more than one year of training in an institution that 
        offers a program applicable to the public 
        transportation industry. The recipient of the grant 
        shall select an individual on the basis of demonstrated 
        ability and for the contribution the individual 
        reasonably can be expected to make to an efficient 
        public transportation operation. A grant for a 
        fellowship may not be more than the lesser of $65,000 
        or 75 percent of--
                  (A) tuition and other charges to the 
                fellowship recipient;
                  (B) additional costs incurred by the training 
                institution and billed to the grant recipient; 
                and
                  (C) the regular salary of the fellowship 
                recipient for the period of the fellowship to 
                the extent the salary is actually paid or 
                reimbursed by the grant recipient.
  (d) Other Grants.--The Secretary may make grants to State and 
local governmental authorities for projects that will use 
innovative techniques and methods in managing and providing 
public transportation.

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CHAPTER 55--INTERMODAL TRANSPORTATION

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


[Sec. 5505. University transportation research

  [(a) Regional Centers.--The Secretary of Transportation shall 
make grants to nonprofit institutions of higher learning to 
establish and operate 1 university transportation center in 
each of the 10 United States Government regions that comprise 
the Standard Federal Regional Boundary System.
  [(b) Other Centers.--The Secretary shall make grants to 
nonprofit institutions of higher learning to establish and 
operate university transportation centers, in addition to the 
centers receiving grants under subsection (a), 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.
  [(c) Selection of Grant Recipients.--
          [(1) Applications.--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) Selection criteria.--Except as otherwise 
        provided by this section, the Secretary shall select 
        each recipient of a grant under this section through a 
        competitive process on the basis of the following:
                  [(A) For regional centers, the location of 
                the center within the Federal region to be 
                served.
                  [(B) The demonstrated research and extension 
                resources available to the recipient to carry 
                out this section.
                  [(C) The capability of the recipient to 
                provide leadership in making national and 
                regional contributions to the solution of 
                immediate and long-range transportation 
                problems.
                  [(D) The recipient's establishment of a 
                surface transportation program encompassing 
                several modes of transportation.
                  [(E) The recipient's demonstrated commitment 
                of at least $200,000 in regularly budgeted 
                institutional amounts each year to support 
                ongoing transportation research and education 
                programs.
                  [(F) The recipient's demonstrated ability to 
                disseminate results of transportation research 
                and education programs through a statewide or 
                regionwide continuing education program.
                  [(G) The strategic plan the recipient 
                proposes to carry out under the grant.
  [(d) Objectives.--Each university transportation center 
receiving a grant under this section shall conduct the 
following programs and activities:
          [(1) Basic and applied research, the products of 
        which are judged by peers or other experts in the field 
        to advance the body of knowledge in transportation.
          [(2) An education program that includes 
        multidisciplinary course work and participation in 
        research.
          [(3) An ongoing program of technology transfer that 
        makes research results available to potential users in 
        a form that can be implemented, utilized, or otherwise 
        applied.
  [(e) 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 establish and operate a university transportation 
center and related research activities 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.
  [(f) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under this section is 
50 percent of costs. The non-Federal share may include funds 
provided to a recipient under section 503, 504(b), or 505 of 
title 23, United States Code.
  [(g) Program Coordination.--
          [(1) Coordination.--The Secretary shall coordinate 
        the research, education, training, and technology 
        transfer activities that grant recipients carry out 
        under this section, disseminate the results of the 
        research, and establish and operate a clearinghouse.
          [(2) Annual review and evaluation.--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) Funding limitation.--The Secretary may use not 
        more than 1 percent of amounts made available from 
        Government sources to carry out this subsection.
  [(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.
  [(i) Number and Amount of Grants.--Subject to section 
5338(e):
          [(1) Fiscal years 1998 and 1999.--For each of fiscal 
        years 1998 and 1999, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Group b.--The Secretary shall make a 
                grant in the amount of $300,000 to each of the 
                institutions or groups of institutions in group 
                B.
                  [(C) Group c.--The Secretary shall make a 
                grant in the amount of $750,000 to each of the 
                institutions or groups of institutions in group 
                C.
                  [(D) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
          [(2) Fiscal years 2000 and 2001.--For each of fiscal 
        years 2000 and 2001, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Group b.--The Secretary shall make a 
                grant in the amount of $500,000 to 8 of the 
                institutions or groups of institutions in group 
                B.
                  [(C) Group c.--The Secretary shall make a 
                grant in the amount of $750,000 to each of the 
                institutions or groups of institutions in group 
                C.
                  [(D) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
          [(3) Fiscal years 2002 and 2003.--For each of fiscal 
        years 2002 and 2003, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Groups b and c.--The Secretary shall 
                make a grant in the amount of $1,000,000 to 10 
                of the institutions or groups of institutions 
                in groups B and C that received grants under 
                this section in fiscal years 2000 and 2001.
                  [(C) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
  [(j) Identification of Groups.--For the purpose of making 
grants under this section, the following groups are identified:
          [(1) Group a.--Group A shall consist of the 10 
        regional centers selected under subsection (a).
          [(2) Group b.--Group B shall consist of the 
        following:
                  [(A) The University of Denver and Mississippi 
                State University.
                  [(B) The University of Central Florida.
                  [(C) University of Southern California and 
                California State University at Long Beach.
                  [(D) Rutgers University.
                  [(E) University of Missouri at Rolla.
                  [(F) South Carolina State University.
                  [(G) Joseph P. Kennedy Science and Technology 
                Center, Assumption College, Massachusetts.
                  [(H) Purdue University.
          [(3) Group c.--Group C shall consist of the 
        following:
                  [(A) University of Arkansas.
                  [(B) New Jersey Institute of Technology.
                  [(C) University of Idaho.
                  [(D) The University of Alabama.
                  [(E) Morgan State University.
                  [(F) North Carolina State University.
                  [(G) San Jose State University.
                  [(H) University of South Florida.
                  [(I) North Carolina A. and T. State 
                University.
          [(4) Group d.--Group D shall consist of the 
        following:
                  [(A) University of Minnesota.
                  [(B) Marshall University, West Virginia, on 
                behalf of a consortium which may also include 
                West Virginia University Institute of 
                Technology, the College of West Virginia, and 
                Bluefield State College.
                  [(C) George Mason University, along with the 
                University of Virginia and Virginia Tech 
                University.
                  [(D) Western Transportation Institute.
                  [(E) Rhode Island Transportation Research 
                Center.
                  [(F) Northwestern University.]

Sec. 5505. University transportation research

  (a) Regional Centers.--The Secretary of Transportation shall 
make grants to nonprofit institutions of higher learning to 
establish and operate 1 university transportation center in 
each of the 10 United States Government regions that comprise 
the Standard Federal Regional Boundary System.
  (b) Other Centers.--The Secretary shall make 16 grants to 
nonprofit institutions of higher learning, in addition to 
grants made under subsection (a), to establish and operate 
university transportation centers.
  (c) Role of Centers.--The role of each center shall be 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.
  (d) Selection of Grant Recipients.--
          (1) Applications.--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) Selection criteria.--Except as otherwise provided 
        by this section, the Secretary shall select each 
        recipient of a grant under this section through an open 
        competition, peer-reviewed process on the basis of the 
        following:
                  (A) The capability of the recipient to 
                provide leadership in making national and 
                regional contributions to the solution of 
                immediate and long-range transportation 
                problems.
                  (B) The recipient's establishment of a 
                surface transportation program by the date of 
                the award, which encompasses several modes of 
                transportation.
                  (C) The recipient's demonstrated ability to 
                disseminate results of transportation research 
                and education programs through a statewide or 
                regionwide continuing education program.
                  (D) The strategic plan the recipient proposes 
                to carry out under the grant.
  (e) Objectives.--The Secretary shall ensure that each 
university transportation center receiving a grant under this 
section shall conduct the following programs and activities:
          (1) Basic and applied research and development that 
        supports the Department's research and development 
        agenda consistent with section 508 of title 23.
          (2) An education program that includes 
        multidisciplinary course work, faculty and student 
        participation in research and development, and an 
        opportunity for practical experience.
          (3) An ongoing program of technology transfer that 
        makes research and development results available to 
        potential users in a form that can be implemented, 
        utilized, or otherwise applied.
  (f) Maintenance of Effort.--To be eligible to receive a grant 
under this section, an applicant shall--
          (1) enter into an agreement with the Secretary to 
        ensure that the applicant will maintain total 
        expenditures from all other sources to establish and 
        operate a university transportation center and related 
        educational and research and development activities at 
        a level that is at least equal to the average level of 
        those expenditures during the 2 fiscal years before the 
        date on which the grant is provided;
          (2) submit to the Secretary an annual report on the 
        projects and activities of the university 
        transportation center for which funds are made 
        available for the fiscal year covered by the report, a 
        description of--
                  (A) the educational activities carried out by 
                the center (including a detailed summary of the 
                budget for those educational activities);
                  (B) each research and development project 
                carried out by the center, including--
                          (i) the identity of the principal 
                        investigator working on a research and 
                        development project; and
                          (ii) the overall funding amount for 
                        each research and development project 
                        (including the amounts expended for the 
                        project as of the date of the report); 
                        and
                  (C) overall technology transfer and 
                implementation efforts of the center; and
          (3) make use of National Research Council, 
        Transportation Research Board, and Transportation 
        Research Information Services online databases for--
                  (A) program development and strategic 
                planning;
                  (B) reporting of activities funded under this 
                section; and
                  (C) input and dissemination of results and 
                reports from completed research and 
                development.
  (g) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under subsection (a) 
is 80 percent of costs, and under subsection (b) is 50 percent 
of costs. The non-Federal share may include funds provided to a 
recipient under section 503, 504(b), or 505 of title 23, United 
States Code.
  (h) Program Coordination.--
          (1) Coordination.--The Secretary shall coordinate the 
        research and development, education, training, and 
        technology transfer activities that grant recipients 
        carry out under this section.
          (2) Annual review and evaluation.--At least annually 
        and consistent with the plan developed by the recipient 
        under subsection (f)(2), the Secretary shall review and 
        evaluate programs the grant recipients carry out.
          (3) Funding limitation.--The Secretary may use not 
        more than 1 percent of amounts made available from 
        Government sources to carry out this subsection.
  (i) 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.
  (j) Transportation Education Development Pilot Program.--
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that in partnership with industry or State 
        Departments of Transportation will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary shall consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific needs of a 
                segment of the transportation industry, States, 
                or regions;
                  (B) providing for practical experience and 
                on-the-job training;
                  (C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  (D) the degree to which the new curricula or 
                program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  (E) programs or curricula in nontraditional 
                departments which train professionals for work 
                in the transportation field, such as materials, 
                information technology, environmental science, 
                urban planning, and industrial technology; and
                  (F) industry or a State's Department of 
                Transportation commitment to the program.
          (3) Authorization of appropriations.--From amounts 
        authorized under section 101(b)(4) of the Surface 
        Transportation Research and Development Act of 2004 for 
        carrying out this section, for each of fiscal years 
        2004, 2005, 2006, 2007, 2008, and 2009, there shall be 
        available for carrying out this subsection $4,500,000.
          (4) Limitations.--No individual grant under this 
        subsection shall exceed $750,000 per year. After a 
        recipient has received 3 years of Federal funding under 
        this subsection, Federal funding may equal no more than 
        75 percent of a grantee's program costs.
  (k) National Transportation Security Centers.--
          (1) Establishment.--The Secretary shall establish not 
        more than 4 National Transportation Security Centers at 
        institutions of higher education to conduct research, 
        education, and professional training on all aspects of 
        surface transportation security, with emphasis on 
        utilization of intelligent transportation systems, 
        technologies, and architectures.
          (2) Selection criteria.--The Secretary shall make 
        grants using a competitive peer-reviewed procedure that 
        gives priority to--
                  (A) institutions with a commitment to 
                transportation security issues;
                  (B) proposals that include partnerships with 
                other institutions of higher education, 
                federally funded research and development 
                centers, or other nonprofit laboratories;
                  (C) proposals to conduct both practical and 
                theoretical research and technical systems 
                analysis; and
                  (D) proposals to develop professional 
                training programs.

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SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *


PART B--COMMERCIAL

           *       *       *       *       *       *       *


              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS

Sec.
31100.  Purpose.
     * * * * * * *
[31108.  Authorization of appropriations.]
31108.  Motor carrier research and development program.
     * * * * * * *

SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS

           *       *       *       *       *       *       *


[Sec. 31108. Authorization of appropriations

  [Not more than $--------- may be appropriated to the 
Secretary of Transportation for the fiscal year ending 
September 30, 19--, to carry out the safety duties and powers 
of the Federal Highway Administration.]

Sec. 31108. Motor carrier research and development program

  (a) Research, Development, and Technology Transfer 
Activities.--
          (1) The Secretary of Transportation shall establish 
        and carry out a motor carrier research and development 
        program. The Secretary may carry out research, 
        development, technology, and technology transfer 
        activities with respect to--
                  (A) the causes of accidents, injuries and 
                fatalities involving commercial motor vehicles; 
                and
                  (B) means of reducing the number and severity 
                of accidents, injuries and fatalities involving 
                commercial motor vehicles.
          (2) The Secretary may test, develop, or assist in 
        testing and developing any material, invention, 
        patented article, or process related to the research 
        and development program.
          (3) The Secretary may use the funds appropriated to 
        carry out this section for training or education of 
        commercial motor vehicle safety personnel, including, 
        but not limited to, training in accident reconstruction 
        and detection of controlled substances or other 
        contraband, and stolen cargo or vehicles.
          (4) The Secretary may carry out this section--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and federally funded research and development 
                centers; or
                  (C) by making grants to, or entering into 
                contracts or cooperative agreements with, any 
                federally funded research and development 
                center, State agency, authority, association, 
                institution, for-profit or non-profit 
                corporation, organization, foreign country, or 
                person.
          (5) The Secretary shall use funds made available to 
        carry out this section to develop, administer, 
        communicate, and promote the use of products of 
        research, technology, and technology transfer programs 
        under this section.
  (b) Collaborative Research and Development.--
          (1) To advance innovative solutions to problems 
        involving commercial motor vehicle and motor carrier 
        safety, security, and efficiency, and to stimulate the 
        deployment of emerging 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, and sole 
                proprietorships that are incorporated or 
                established under the laws of any State; and
                  (B) federally funded research and development 
                centers.
          (2) 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)(A) 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) All costs directly incurred by the non-Federal 
        partners, including personnel, travel, and hardware or 
        software development costs, shall be credited toward 
        the non-Federal share of the cost of the activities 
        described in subparagraph (A).
          (4) 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) Section 3705 of title 41, United States Code, 
        shall not apply to a contract or agreement entered into 
        under this section.

           *       *       *       *       *       *       *


                     XIX. Committee Recommendations

    On February 4, 2004, a quorum being present, the Committee 
on Science favorably reported the Surface Transportation 
Research and Development Act of 2004, by a voice vote, and 
recommended its enactment.


   XX: PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENVIRONMENT, 
TECHNOLOGY, AND STANDARDS ON H.R. 3551, SURFACE TRANSPORTATION RESEARCH 
                      AND DEVELOPMENT ACT OF 2004

                              ----------                              


                      WEDNESDAY, JANUARY 28, 2004

                  House of Representatives,
      Subcommittee on Environment, Technology, and 
                                         Standards,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:05 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Vernon J. 
Ehlers [Chairman of the Subcommittee] presiding.
    Mr. Ehlers. Good morning. It is my pleasure to call the 
Subcommittee to order. Pursuant to notice, the Subcommittee on 
Environment, Technology, and Standards is meeting today to 
consider the following measure: H.R. 3551, the Surface 
Transportation Research Act of 2003. I ask unanimous consent 
for the authority to recess the Subcommittee at any point, and 
without objection, it is so ordered.
    I will proceed with my opening statement. I will simply 
preface it by saying that I thank the staff for all of their 
very hard work on this bill over the past year. What has made 
it especially difficult is coordinating this not only with the 
minority on our committee, which we always try to do, but also 
the Transportation and Infrastructure Committee, which has 
jurisdiction over the new transportation bill. This will be 
part of that bill eventually. It will be wrapped into it. But 
we tried very, very hard to make certain that we were meeting 
our obligations on this subcommittee and in the Science 
Committee with regards to this matter. And we are determined to 
have the research done by the Department of Transportation be 
good research, and so we have put a lot of effort into this 
bill, and we appreciate the efforts of the Transportation and 
Infrastructure Committee to work with us, and we hope they will 
accept this without too many changes.
    I will proceed with my opening statement. Our nation's 
transportation system faces tremendous challenges. We have more 
drivers who are driving more miles, causing severe congestion. 
An aging infrastructure is putting a strain on State and local 
transportation budgets, which are tied up in maintaining our 
existing system with little, if any, money left for improving 
the system and planning for the future. The public demands 
safer, less congested road, and more public transit options. 
Considering that we won't have the ability to simply build more 
roads to address these challenges, especially in urban areas, 
we must look at new ways to improve the overall system, to make 
it safer and more efficient, and to ensure that the system 
meets future needs.
    Fundamental improvements to the entire transportation 
system depend on high-quality surface transportation research. 
More importantly, research saves lives and saves money. 
Research extends the life of pavements, provides increased 
safety measures on roads and in cars, and develops the 
technologies to increase the efficiency and reduce the cost of 
transit systems.
    The Subcommittee on Environment, Technology, and Standards, 
which shares jurisdiction over surface transportation research 
with the Transportation and Infrastructure Committee, held a 
hearing last year to hear from experts on the state of the 
Federal Government's current surface transportation research 
program. In addition, we heard from a wide array of interests 
on how to improve and reform the research program, and the 
levels at which research should be funded. Based on this input, 
we developed the Surface Transportation Research and 
Development Act of 2003.
    This legislation has three overarching goals: to increase 
stakeholder input to ensure that the folks who must implement 
and use the research agree that it is worthwhile and 
transferable into practice; to create the highest quality 
research through increased competition and peer-review of all 
project proposals; and to ensure greater accountability so that 
our research actually supports the goals of our surface 
transportation system. I believe this approach will go a long 
way to help solve the many challenges facing our nation's 
transportation system.
    I will be offering a manager's amendment, which I will 
explain later, and I know there may be a few other amendments 
that Members may offer. I urge my colleagues to support this 
bill and pass the legislation on to the Full Committee.
    [The prepared statement of Mr. Ehlers follows:]
            Prepared Statement of Chairman Vernon J. Ehlers
    Our nation's transportation system faces tremendous challenges. We 
have more drivers who are driving more miles causing severe congestion. 
An aging infrastructure is putting a strain on State and local 
transportation budgets, which are tied up in maintaining our existing 
system, with little, if any, money left for improving the system and 
planning for the future. The public demands safer, less congested 
roads, and more public transit options. Considering that we won't have 
the ability to simply build more roads to address these challenges, 
especially in urban areas, we must look at new ways to improve the 
overall system, to make it safer and more efficient, and to ensure that 
the system meets future needs.
    Fundamental improvements to the entire transportation system depend 
on high quality surface transportation research. More importantly, 
research saves lives and saves money. Research extends the life of 
pavements, provides increased safety measures on roads and in cars, and 
develops the technologies to increase the efficiency and reduce the 
cost of transit systems.
    The Subcommittee on Environment, Technology, and Standards, which 
shares jurisdiction over surface transportation research with the 
Transportation and Infrastructure Committee, held a hearing last year 
to hear from experts on the state of the Federal Government's current 
surface transportation research program. In addition, we heard from a 
wide array of interests on how to improve and reform the research 
program, and the levels at which research should be funded. Based on 
this input, we developed the Surface Transportation Research and 
Development Act of 2003.
    This legislation has three overarching goals: to increase 
stakeholder input to ensure that the folks who must implement and use 
the research agree that it is worthwhile and transferable into 
practice; to create the highest quality research through increased 
competition and peer-review of all project proposals; and to ensure 
greater accountability so that our research actually supports the goals 
of our surface transportation system. I believe this approach will go a 
long way to help solve the many challenges facing our nation's 
transportation system.
    I will be offering a manager's amendment, which I will explain 
later, and I know there may be a few other amendments that Members may 
offer. I urge my colleagues to support this bill and pass the 
legislation on to the Full Committee.

    Mr. Ehlers. I now recognize Mr. Udall for five minutes to 
present his opening remarks.
    Mr. Udall. Good morning. Thank you, Mr. Chairman, in 
particular for bringing this bill forward for consideration by 
the Subcommittee.
    Transportation is an essential function of our daily lives 
and our economy. Each day, thousands of people, goods, and 
services move throughout the country and throughout the world, 
although not always as efficiently and effectively as we would 
like. My constituents in Colorado are not alone in their 
frustration with traffic congestion or in their desire to 
retain the quality of our environment. While infrastructure 
improvements are needed, we can not build our way out of all of 
our transportation problems. As the Chairman suggested, we need 
better tools to help us use our existing infrastructure more 
efficiently and to help us better design infrastructure 
improvement projects to get the most mobility for our money.
    Investment in research and development is the fastest way 
to achieve these goals. I am very pleased that the Committee 
has reauthorized the diverse portfolio of transportation 
research. We need to continue to improve the technology and 
materials used in our highways and public transportation 
systems. However, we need more than materials and engineering.
    We need to incorporate more social science into the design 
of our transportation system. We need to foster more public 
involvement in transportation project planning and to better 
understand the social and economic factors that influence 
travel demand and travel patterns. We need to expand 
transportation options, including expanding the ability of 
citizens to walk and to ride bicycles. These components should 
be an integral part of any transportation project, just as they 
should guide our research agenda.
    I realize we will be making further changes in this 
legislation as it moves through this committee and through to 
the end of the legislative process. I hope we will be able to 
retain a balanced, diverse portfolio of transportation research 
as this bill proceeds.
    [The prepared statement of Mr. Udall follows:]
            Prepared Statement of Representative Mark Udall
    Good morning. Thank you, Mr. Chairman, for bringing this bill 
forward for consideration by the Subcommittee.
    Transportation is an essential function in our daily lives and our 
economy. Each day thousands of people, goods and services move 
throughout the country and throughout the world--although not always as 
efficiently and effectively as we would like.
    My constituents in Colorado are not alone in their frustration with 
traffic congestion or in their desire to retain the quality of our 
environment. While infrastructure improvements are needed, we cannot 
build our way out of all of our transportation problems.
    We need better tools to help us to use our existing infrastructure 
more efficiently and to help us to better design infrastructure 
improvement projects to get the most mobility for our money. Investment 
in research and development is the fastest way to achieve these goals.
    I am very pleased that the Committee has reauthorized a diverse 
portfolio of transportation research. We need to continue to improve 
the technology and materials used in our highways and public 
transportation systems.
    However, we need more than materials and engineering. We need to 
incorporate more social science into the design of our transportation 
system. We need to foster more public involvement in transportation 
project planning and to better understand the social and economic 
factors that influence travel demand and travel patterns.
    We need to expand transportation options, including expanding the 
ability of citizens to walk and to ride bicycles. These components 
should be an integral part of any transportation project, just as they 
should guide our research agenda.
    I realize we will be making further changes in this legislation as 
it moves through this committee and through to the end of the 
legislative process. I hope we will be able to retain a balanced, 
diverse portfolio of transportation research as this bill proceeds.

    Mr. Udall. With that, Mr. Chairman, I would yield back any 
time I have remaining.
    Mr. Ehlers. The gentleman's time is expired. Without 
objection, all Members may place opening statements in the 
record at this point in time. Without objection, so ordered.
    We will now consider H.R. 3551. The bill is open for 
discussion, and the first reading of the bill. I ask unanimous 
consent that--go ahead.
    Ms. Tessieri. H.R. 3551, to authorize appropriations to the 
Department of Transportation for surface transportation 
research and development and for other purposes.
    Mr. Ehlers. I ask for unanimous consent that the bill is 
considered as read and open to amendment at any point and that 
the Members proceed with the amendments in the order of the 
roster, although I will, out of deference to Congressman 
Lofgren, who has to go to another markup, we will place her 
second in line immediately after my manager's amendment. 
Without objection, so ordered.
    [See Appendix for H.R. 3551.]
    Mr. Ehlers. The bill is open for amendments.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by the Chair. I have an 
amendment at the desk. The Clerk will report the amendment.
    Ms. Tessieri. Amendment in the nature of a substitute to 
H.R. 3551 offered by Mr. Ehlers.
    [See Appendix for Amendment offered by Mr. Ehlers.]
    Mr. Ehlers. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I also ask unanimous 
consent that the amendment in the nature of a substitute be 
considered original text. Without objection, so ordered.
    I now recognize myself for such time as I may consume.
    Let me start by addressing some confusion that has been 
raised regarding the funding for this bill. States, localities, 
the U.S. Department of Transportation, and other public and 
private groups all agree that surface transportation research 
funding must be increased. Current funding is insufficient to 
meet the challenges of today's transportation system, and it is 
certainly not enough to meet the needs of the future.
    While the Science Committee has jurisdiction over surface 
transportation research, we do not have jurisdiction over the 
Highway Trust Fund. We have worked with the Transportation 
Committee to determine the amount of transportation research 
funding, about $4 billion, that would be prudent based on the 
overall level of funding for the comprehensive highway bill, 
which is proposed to be about $375 billion. And within that 
level of funding, we allocated it to the programs included in 
H.R. 3551. This bill and this amendment say nothing about the 
trust funds, the gas tax, or any changes to the tax. However, 
since some Members have raised concerns about tying this bill 
to the overall funding levels in the Transportation Committee's 
bill, which may be reduced, my amendment removes all references 
to funding in H.R. 3551.
    It is my intention at Full Committee to provide the funding 
recommendations for transportation research and specific 
programs. We are working on various ways to accomplish this. We 
may provide that a certain floor or percentage of the Highway 
Trust Fund be used for research. Alternatively, if an agreement 
is reached on the overall level of transportation spending, 
then we will revisit how much should be used for research and 
how it should be allocated. This amendment retains all of the 
other provisions of H.R. 3551. More specifically, it creates 
the Future Strategic Highway Research Program. This program 
will focus on reducing congestion, renewing existing roads and 
bridges, improving safety, and assessing future needs, 
including those for transit systems. It establishes a public/
private cooperative environmental research program to help us 
understand the link between the environment and the 
transportation system. It creates a new research program to 
demonstrate promising transit technologies and practices to 
improve efficiency and safety, and reduce costs. It requires 
all research projects funded by this legislation will be 
competitively awarded and peer-reviewed. And it provides better 
training and education programs for the transportation 
workforce.
    I urge my colleagues to support my amendment. Is there any 
further discussion on this amendment? The Chair recognizes Mr. 
Smith from Michigan.
    [The prepared statement of Mr. Ehlers follows:]

            Prepared Statement of Chairman Vernon J. Ehlers

    Let me start by addressing some confusion that has been raised 
regarding the funding for this bill. States, localities, the U.S. 
Department of Transportation, and other public and private groups all 
agree that surface transportation research funding must be increased. 
Current funding is insufficient to meet the challenges of today's 
transportation system and is certainly not enough to the meet needs of 
the future.
    While the Science Committee has jurisdiction over surface 
transportation research, we do not have jurisdiction over the Highway 
Trust Fund. We have worked with the Transportation Committee to 
determine the amount of transportation research funding (about $4 
billion) that would be prudent, based on the overall level of funding 
for the comprehensive highway bill (about $375 billion). And within 
that level of funding we allocated it to the programs included in H.R. 
3551. This bill and this amendment say nothing about the Trust Funds, 
the gas tax, or any changes to the tax.
    However, since some Members have raised some concerns about tying 
this bill to the overall funding levels in the Transportation 
Committee's bill, which may be reduced, my amendment removes all 
references to funding in H.R. 3551.
    It is my intention at Full Committee to provide funding 
recommendations for transportation research and specific programs. We 
are working on various ways to accomplish this either by providing that 
a certain floor or percentage of the Highway Trust Fund should be used 
for research, or if we know what the overall level of transportation 
spending will be, then revisiting how much should be used for research 
and how it should be allocated.
    This amendment retains all the other provisions of H.R. 3551; more 
specifically, it:

          Creates the Future Strategic Highway Research 
        Program. This program will focus on reducing congestion, 
        renewing existing roads and bridges, improving safety, and 
        assessing future needs;

          Establishes a public-private cooperative 
        environmental research program to help us understand the link 
        between the environment and the transportation system;

          Creates a new research program to demonstrate 
        promising transit technologies and practices to improve 
        efficiency and safety, and reduce costs;

          Requires all research projects funded by this 
        legislation will be competitively awarded and peer-reviewed; 
        and

          Provides better training and education programs for 
        the transportation workforce.

    I urge my colleagues to support my amendment.

    Mr. Smith. Mr. Chairman, I need to think about what your 
amendment does in terms of keeping the increase in research 
money constant, is that what I understand that your substitute 
does regardless of whether or not the overall funding for the 
program goes down.
    Mr. Ehlers. If the gentleman will yield, the amendment that 
I'm offering now simply removes all funding levels from the 
bill and leaves that as an open question to be debated at Full 
Committee and with the Transportation and Infrastructure 
Committee. It does not force any funding levels at this time.
    Mr. Smith. Thank you.
    Mr. Ehlers. The gentleman's time is expired. Any further 
comment on the amendment? Hearing none, the vote occurs on the 
amendment in the nature of a substitute. All in favor say aye. 
Those opposed say no. The ayes have it, and the amendment in 
the nature of a substitute is agreed to.
    Next, we will take the amendments out of order--if it is 
supported by the Ranking Member, we will next take the 
amendment offered by Congresswoman Lofgren from California so 
that she can proceed to her markup in another committee.
    Ms. Lofgren. Thank you, Mr. Chairman and Ranking Member 
Udall. This amendment, I believe, is an important----
    Mr. Ehlers. Can I ask that you first offer the amendment?
    Ms. Lofgren. I have an amendment at the desk, and I ask 
unanimous consent----
    Mr. Ehlers. The Clerk will report the amendment.
    Ms. Tessieri. Amendment offered by Ms. Lofgren to the 
amendment in the nature of a substitute.
    [See Appendix for Amendment offered by Ms. Lofgren.]
    Mr. Ehlers. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. The gentlewoman is 
recognized for five minutes to explain her amendment.
    Ms. Lofgren. Thank you, Mr. Chairman and Mr. Udall. The 
amendment, I believe, is an important one and not a 
controversial one. It clarifies what types of research should 
be done regarding surface transportation and particularly 
guides the kind of top quality ongoing research that we need to 
have from a security point of view, as the Chairman knows. I 
also serve on the Homeland Security Committee, and I am aware 
of the needs that have not yet been addressed to have best 
practices and analysis done to secure the response and recovery 
of surface transportation. This amendment calls for the 
creation of four university centers for research on 
transportation security issues. The centers would conduct best 
practices, case studies, developing databases of terrorist 
incidents, and would assist federal and State agencies by 
conducting research on their behalf, and will help maintain 
vulnerability checklists that can be used by those in authority 
on a need-to-know basis. These centers would help develop 
curriculum that will lead to the awarding of a Master's in 
science in security administration for those individuals who 
are willing to pursue this important area of study.
    I want to ensure the Members that I am unaware of any 
similar work being done or being proposed to be done by the 
Department of Homeland Security at this time. This amendment 
does not apply to research into maritime security issues, as I 
believe other committees will pursue this avenue of research. 
And finally, I believe the adoption of this amendment will help 
further the integration of intelligent transportation system 
technologies into an overall transportation security program. 
The amendment suggests, also, that these--and they would be 
peer-reviewed--would include partnerships with other 
institutions of higher education, the federal labs and other 
nonprofit laboratories, and I believe that this amendment will 
advance the security of the Nation, and I thank the gentleman 
for allowing me to offer it, and I yield back the balance of my 
time.
    [The prepared statement of Ms. Lofgren follows:]
            Prepared Statement of Representative Zoe Lofgren

         CREATING FOUR NATIONAL TRANSPORTATION SECURITY CENTERS

    Chairman Ehlers, Ranking Member Udall, thank you for allowing me 
the opportunity to offer an amendment on an issue that I believe is 
very important as we begin to clarify what types of research should be 
done regarding surface transportation.
    I believe it is more important than ever for the United States to 
conduct top quality, ongoing research of best practices for deterrence, 
response and recovery and to teach those best practices to 
transportation and security professionals to provide secure surface 
transportation for our nation.
    My amendment calls for the creation of four university centers for 
research on transportation security issues. These Centers will conduct 
best practices case studies, develop and disseminate an online database 
of terrorist incidents against surface transportation systems 
worldwide. These Centers will be available to assist federal and State 
agencies by conducting research on their behalf and will help maintain 
vulnerability checklists that can be used by those in authority on a 
need to know basis. These Centers will help develop curriculum that 
will lead to the awarding of a ``Master in Science in Security 
Administration for those individuals who are willing to pursue this 
important area of study.
    I want to assure my fellow Subcommittee Members that I am unaware 
of any similar work being done or being proposed to be done by the 
Department of Homeland Security at this time. This amendment does not 
apply to research into maritime security issues as I believe other 
committees will pursue this avenue of research. And finally, Chairman 
Ehlers and Ranking Member Udall, I believe that the adoption of this 
amendment will help further the integration of intelligent 
transportation system technologies into an overall transportation 
security program.
    Thank you for allowing me to offer this amendment and I look 
forward to its adoption.

    Mr. Ehlers. The Chair recognizes himself for a question. I 
simply want to clarify, Congresswoman Lofgren, that your 
amendment refers strictly to surface transportation security, 
including cars, trucks, buses, trains, light rail and so forth, 
and it will not get into issues of port or even aviation?
    Ms. Lofgren. That is correct, Mr. Chairman.
    Mr. Ehlers. Thank you. I just wanted to clarify that for 
the record. Is there further discussion on the amendment? Being 
none, the vote occurs on the amendment. All in favor, say aye. 
Those opposed, no. The ayes have it, and the amendment is 
agreed to.
    The next amendment on the roster is amendment number two, 
offered by the Ranking Member, Mr. Udall of Colorado. Are you 
ready to proceed?
    Mr. Udall. Mr. Chairman, I have an amendment at the desk.
    Mr. Ehlers. The Clerk will read.
    Ms. Tessieri. Amendment offered by Mr. Udall of Colorado to 
the amendment in the nature of a substitute.
    [See Appendix for Amendment offered by Mr. Udall.]
    Mr. Ehlers. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. And the gentleman is 
recognized for five minutes to explain his amendment.
    Mr. Udall. Thank you, Mr. Chairman. The amendment that I am 
offering emphasizes the importance of doing more research on 
bicycle and pedestrian transportation. It particularly provides 
language to authorize research into the needs and benefits of 
bicycle and pedestrian transportation modes in the National 
Park system and the areas adjacent to those parks.
    Recent studies indicate that in many communities across the 
country, people, especially children, are walking and bicycling 
less than they have in the past. Walking and bicycling, I think 
we all would agree, are important modes of travel for everyone, 
particularly for children. These modes of exercise and travel 
not only provide excellent opportunities to get out and about, 
but they are essential for connecting with friends and they 
enable children to participate in community and after-school 
activities.
    The loss of these travel modes places additional time 
constraints on parents who then must drive their children to 
all destinations. A significant amount of the growth in vehicle 
miles traveled, so called VMTs, is attributable to the growth 
in these personal trips. We need to better understand the 
barriers to walking and biking and redesign our communities and 
our transportation system to facilitate pedestrian and bicycle 
travel.
    This is also true in the case of our national parks. The 
good news is that the numbers of visitors to our national parks 
has increased markedly in recent decades, nearly 300 million 
visitors enjoy our parks every year. But along with these 
increased numbers, we are seeing increasing damage being done 
to our parks through air and water pollution, noise intrusion, 
and other inappropriate uses. Traffic congestion is increasing 
in the parks, diminishing the visitor experience and adversely 
affecting the resource values that the parks were established 
to protect in the first place.
    One way to alleviate this burden on the parks is through 
alternative transportation modes such as bicycle and pedestrian 
travel. My amendment would authorize the Department of 
Transportation to conduct research to assess the benefits, 
opportunities, and infrastructure needs associated with bicycle 
and pedestrian modes of travel in the National Park system and 
in areas adjacent to the parks.
    I want to thank the Chairman for his willingness to accept 
the amendment. If I could add just one other comment, Mr. 
Chairman, I think that the ripple effect of this research could 
be significant in our communities across the country. And I 
think if we can understand better how to make National Parks 
more livable environments and environments that are more 
friendly towards walkers and bicyclers, then that knowledge 
would be helpful in our other communities. So I want to thank 
you for your support of the amendment and ask that the 
Committee accept it.
    [The prepared statement of Mr. Udall follows:]

            Prepared Statement of Representative Mark Udall

    Mr. Chairman, I have an amendment at the desk.
    The amendment I'm offering today emphasizes the importance of doing 
more research on bicycle and pedestrian transportation. My amendment 
also provides language to authorize research into the needs and 
benefits of bicycle and pedestrian transportation modes in the National 
Park System and the areas adjacent to them.
    Recent studies indicate that in many communities across the 
country, people--especially children--are walking and bicycling less 
than they have in the past. Walking and bicycling are important modes 
of travel for everyone, especially for children. These modes not only 
provide excellent opportunities for exercise--they are also essential 
for connecting with friends, and they enable children to participate in 
community and after-school activities.
    The loss of these travel modes places additional time constraints 
on parents who then must drive their children to all destinations. A 
significant amount of the growth in vehicle miles traveled is 
attributable to the growth in these personal trips. We need to better 
understand the barriers to walking and biking and redesign our 
communities and our transportation system to facilitate pedestrian and 
bicycle travel.
    This is also true in the case of our national parks. The numbers of 
visitors to our national parks has increased markedly in recent 
decades. Nearly 300 million visitors enjoy our parks every year.
    But along with their increased numbers, we are seeing increasing 
damage being done to our parks through air and water pollution, noise 
intrusion, and inappropriate use. Traffic congestion is increasing in 
the parks, diminishing the visitor experience and adversely affecting 
the resource values that the parks were established to protect in the 
first place.
    One way to alleviate this burden on the parks is through 
alternative transportation modes, such as bicycle and pedestrian 
travel. My amendment would authorize the Department of Transportation 
to conduct research to assess the benefits, opportunities, and 
infrastructure needs associated with bicycle and pedestrian modes of 
travel in the National Park System and in areas adjacent to the parks.
    I'm pleased that the Chairman will accept my amendment.

    Mr. Ehlers. Is there any further discussion on the 
amendment? Hearing none, the vote occurs on the amendment. All 
in favor, say aye. Those opposed, say no. The ayes have it, and 
the amendment is agreed to.
    The next amendment on the roster is offered by Mr. Miller 
who is snowbound in North Carolina. Mr. Ranking Member, are you 
prepared to proceed with his amendment?
    Mr. Udall. I am, Mr. Chairman. I think there's an amendment 
at the desk that Mr. Miller has offered.
    Mr. Ehlers. The Clerk will read.
    Ms. Tessieri. Amendment offered by Mr. Miller of North 
Carolina to the amendment in the nature of a substitute.
    [See Appendix for Amendment offered by Mr. Miller.]
    Mr. Ehlers. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. The gentleman is 
recognized for five minutes to explain Mr. Miller's amendment.
    Mr. Udall. Mr. Chairman, as you mentioned, Mr. Miller has 
been detained in North Carolina due to the winter storms up and 
down the East Coast. He wanted to be here to offer amendment 
number three, and I will offer it on his behalf.
    I would ask unanimous consent that Mr. Miller be allowed to 
insert in the record at this point a statement for the record.
    Mr. Ehlers. Without objection, so ordered.
    [The prepared statement of Mr. Miller follows:]
            Prepared Statement of Representative Brad Miller

 ADDING A NEW AREA TO THE LIST OF RESEARCH AND DEVELOPMENT AREA IN THE 
               INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM

    Mr. Chairman, my amendment to H.R. 3551 focuses much-needed 
attention on improving traffic management strategies to address the 
multiple impacts of congestion. These impacts include environmental 
quality in terms of vehicle emissions, fuel consumption, travel delays, 
safety concerns and so on.
    One of the broad goals of the transportation reauthorization 
legislation is to improve our nation's ability to move its citizens 
from one place to another. That is becoming increasingly more difficult 
as more vehicles are on the road due to increased commuting distances, 
and as overall traffic patterns change.
    In my own State of North Carolina, I have seen congestion problems 
rise dramatically over the past few years, even in areas where traffic 
had never been an issue. It seems that everyone wants to live in North 
Carolina--and drive! This situation is not unique to North Carolina. It 
is developing across the country and we need to take steps to mitigate, 
if not solve, this problem. Improving our traffic management 
strategies, at the local, regional and State levels will have enormous 
benefits to our society. Our air will be cleaner; we will burn less 
fuel and reduce our dependence on foreign oil; our roads will be safer; 
and people's access to jobs will be improved.
    I would note that the most effective way to accomplish these goals 
is through a multi-disciplinary approach; one that brings together not 
only the expert researchers, but - most importantly--brings together 
the transportation planners, local, regional and State government 
officials and all of the end users who would actually implement these 
improved traffic management strategies. In my State, the North Carolina 
Transportation Consortium, which is comprised of some of the best and 
brightest transportation policy experts in the country, is designed to 
do just that. I am convinced that, working with all of the various 
stakeholders, the NCTC will be able to develop solutions to these 
difficult problems that could be replicated in jurisdictions across the 
Nation. I hope that the Department of Transportation will recognize the 
benefit of drawing on NCTC's expertise when they are looking for the 
best people to conduct this type of research.
    I urge your support for this amendment.

    Mr. Udall. Thank you, Mr. Chairman. One of the broad goals 
of the transportation reauthorization legislation is to improve 
our nation's ability to move its citizens from one place to 
another. One way to accomplish this goal is through a multi-
disciplinary approach, one that brings together not only the 
expert researchers but most importantly brings together the 
transportation planners, local, regional, and State government 
officials, and all of the end users who would actually 
implement these improved traffic management strategies.
    I believe this amendment would help accomplish the same, 
and I want to thank the Chairman for his intention to accept 
the amendment, and I also want to thank you on behalf of 
Representative Miller and myself for your support, Mr. 
Chairman.
    And with that, I would yield back.
    Mr. Ehlers. The gentleman's time has expired. Does anyone 
else seek time to discuss the amendment? Being no request, the 
vote occurs on the amendment. All in favor, say aye. Those 
opposed, say no. The ayes have it, and the amendment is agreed 
to.
    Are there any further amendments? Hearing none, the 
question is on the bill, H.R. 3551, the Surface Transportation 
Research Act as amended. All those in favor will say aye.
    Mr. Smith is recognized.
    Mr. Smith. Can you briefly--and I apologize for not being 
aware of this. Briefly give me the major changes between the 
existing law and these changes?
    Mr. Ehlers. If the gentleman will yield----
    Mr. Smith. Certainly.
    Mr. Ehlers.--I will make a few comments and let me call on 
staff members, too.
    Since we have removed the funding issue, that is not an 
issue, but clearly this bill was underfunded in the last go 
around. I should say the research was underfunded in the last 
go around. Everyone fails to recognize that no matter what 
their interests are in transportation that there are great 
opportunities to reduce costs and improve performance of our 
transit systems with appropriate research, whether it be types 
of concrete or the durability of the asphalt and recognizing 
that this may be different for every State or even every area 
of the Union.
    In addition, research on traffic flows, how we can relieve 
traffic flows through mass transit or bicycles, et cetera. 
These are a host of issues that must be addressed, and everyone 
agrees it was underfunded before. However, we will debate the 
funding at the Full Committee.
    Mr. Smith. Mr. Chairman, if I may reclaim my time. But I 
was just looking, is there--are there major differences? I 
understand the amendments that we have discussed. Are there 
major differences from the existing law?
    Mr. Ehlers. I see one major difference. It is that we are 
insisting on peer-reviewed grants. This part of the 
transportation bill has traditionally been pork heaven with 
lots of earmarks made by individual Members for research to be 
done in their particular area by their own university. And we 
have tried to, in this bill, ensure that all of the research 
would be adequately peer-reviewed and will be granted on a 
merit basis.
    I will refer to the staff for any further comments on major 
differences.
    The Staff. Thank you, Mr. Chairman. This bill makes a 
number of changes to existing law, most of them with the goal 
of integrating and coordinating research between the Federal 
Government, the State governments, universities, and the 
Transportation Research Board, ensuring that strategic planning 
is integrated across the modes: rail, aviation, highways, and 
trying to fund some of the things that were identified to the 
Committee in the hearing as research gaps. This includes the 
Future Strategic Highway Research Program that Chairman Ehlers 
spoke about in his opening statement looking at renewing 
existing highways, improving safety, reducing congestion, and 
increasing capacity, as well as a program recommended by the 
National Academies, looking at the link between environment and 
transportation.
    Mr. Ehlers. Mr. Smith?
    Mr. Smith. As a senior Member of the Transportation 
Committee, Mr. Chairman, would you be comfortable in giving us 
your guess, your prognosis of the future of the full 
transportation bill?
    Mr. Ehlers. Well, yes. That is not really appropriate here, 
but if the gentleman will yield, I will simply comment. The 
main issue that the Congress will have to deal with has nothing 
specifically to do with the transportation issues in the bill, 
although they will be in play. The big issue is going to be the 
level of funding. And the Congress, at this moment, appears not 
to be willing to fund the bill at the level that the Chairman 
of the Transportation and Infrastructure desires to fund it. 
And until that issue is resolved, I suspect there probably will 
not be too much progress on the entire bill. But we are hoping 
for an agreement on that score some time in the next few 
months.
    Mr. Smith. Is there a possibility that some of the research 
provisions might be incorporated in a continuation language?
    Mr. Ehlers. If the gentleman would yield, I would certainly 
welcome that, but I would not be optimistic about it, because 
it is basically a continuing status, and committees, in 
general, do not want to raise any issues as they discuss 
whether to continue another five months or six months on a law 
that is on the books.
    Mr. Smith. Thank you.
    Mr. Ehlers. The gentleman's time has expired. The question 
before us is the passage of H.R. 3551. All of those in favor 
will say aye. All of those opposed will say no. In the opinion 
of the Chair, the ayes have it.
    I will now recognize Mr. Udall to offer a motion.
    Mr. Udall. Mr. Chairman, I would move that the Subcommittee 
favorably report the bill H.R. 3551, as amended, to the Full 
Committee with the recommendation that it be in order for the 
bill, as amended by the Subcommittee, to be incorporated into 
an amendment in the nature of a substitute for consideration as 
an original bill for the purpose of amendment under the five-
minute rule at Full Committee. Further, I ask unanimous consent 
that the staff be instructed to make all necessary technical 
and conforming changes to the bill, as amended, in accordance 
with the recommendations of the Subcommittee.
    Mr. Ehlers. The question is on this motion to report the 
bill favorably. Those in favor of the motion will signify by 
saying aye. Those opposed, no. The ayes have it. And the 
resolution is favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. I move, pursuant to Clause 1 of Rule 22 of the Rules 
of the House of Representatives that the Subcommittee authorize 
the Chairman to offer such motions as may be necessary in the 
House to adopt and pass H.R. 3551. Without objection, so 
ordered.
    This concludes our subcommittee markup. I thank you very 
much for your participation and the rapidity with which we were 
able to complete this task, and we can all get on to our other 
work. Thank you very much. This concludes the markup hearing. 
The meeting is adjourned.
    [Whereupon, at 10:35 a.m., the Subcommittee was adjourned.]


                              Appendix 1:

                              ----------                              


Roster, Amendments, H.R. 3551, Section-By-Section Analysis of H.R. 3551


  


               Section-by-Section Analysis of H.R. 3551,
    the Surface Transportation Research and Development Act of 2003

Section 1: Short Title

    ``Surface Transportation Research and Development Act of 2003''

Section 2: Findings

    Finds that Research and Development (R&D;) is critical to developing 
and maintaining an effective transportation system, that federal R&D; 
has produced a number of successes, but is underfunded. Finds that 
federal investment in R&D; should be properly balanced between short-
term applied research and long-term fundamental research, and should 
cover a wide range of research areas including materials and structures 
research, operations research, and human factors and policy research.

Title I: Surface Transportation Research

Section 101: Authorization of Appropriations

    Authorizes a total of $4.05 billion for surface transportation 
research and development in fiscal years 2004 through 2009, a 57 
percent increase above R&D; funding in TEA-21. Funding for fiscal year 
2004 is $500 million; for 2005, $570 million; for 2006, $640 million; 
for 2007, $710 million; for 2008, $780 million; and for 2009, $850 
million. The bill sets aside funds from the Surface Transportation 
Research, Development and Deployment authorization for ``Advanced 
Research, (23 USC 502 (d) ),'' the ``Surface Transportation Environment 
and Planning Cooperative Research Program,'' (Section 104 (c) of this 
Act) and the ``Multimodal Trends Research Program'' (Section 112 of 
this Act). The bill also sets aside $5 million in funds authorized for 
the Bureau of Transportation Statistics for grants to State and local 
governments, and metropolitan planning organizations to promote the 
harmonizing of data collection and management (Section 107(k)(2) of 
this Act).




Section 102: Goals, Principles and Processes

    Sets out for the first time goals, principles and processes to 
guide transportation research and development. The bill explicitly 
links the R&D; goals to the overall goals of the surface transportation 
system set out in the Transportation Equity Act for the 21st Century 
(TEA-21). It sets forth principles to guide the federal role in surface 
transportation R&D.; It also establishes key requirements for 
stakeholder involvement, competition and peer review, and performance 
review and evaluation for transportation R&D.;

Section 103: Strategic Planning

    Reauthorizes and amends the Department of Transportation's (DOT) 
R&D; strategic planning requirements. The bill strengthens the planning 
process by making it more strategic (i.e., forward looking) and 
increasing accountability. Specifically, it clarifies that the 
strategic planning process should encourage planning across all modes. 
It strengthens the contents of the plans by (1) requiring the 
department to link the plan to the goals of TEA-21, and (2) requiring 
the plan to specify strategic goals, the Department's key research 
priorities, and the full array of authorized research instead of 
focusing only on process. The bill also increases accountability by (1) 
soliciting input from a range of interests in the transportation 
community and the National Academy of Sciences (before the plan is 
issued), and (2) requiring a detailed annual report that specifies all 
the research projects and the funding levels of those projects carried 
out under this title (beyond the requirements of the Government 
Performance and Results Act).

Section 104: Surface Transportation Research and Development

    Amends the research and development program carried out by the 
Federal Highway Administration (FHWA). The bill largely maintains the 
existing R&D; program requirements of Section 502 of Title 23, but fills 
a variety of research gaps. The amendments ensure that the research 
addresses operational elements, performance analysis and multimodal 
assessment. In addition, the bill authorizes new research items in the 
``contents'' section, including (1) exploratory advanced research, (2) 
environmental research (to implement Transportation Research Board 
(TRB) recommendations), (3) research on demographic, economic and 
social trends that affect and are affected by the transportation 
system, (4) research on the technical impacts and costs imposed in 
climates facing frequent freeze and thaw cycles, (5) research on how to 
improve methods of collecting information in order to improve the 
infrastructure investment needs report (under section (g)), and (6) R&D; 
and technology transfer related to asset management. In addition, the 
bill reauthorizes the Long-Term Pavement Performance Program, and 
authorizes a Long-Term Bridge Performance Program, a Geospatial 
Information Systems program, and the Turner-Fairbanks Highway Research 
Center, which carries out the bulk of the FHWA's R&D.;
    Creates a new Exploratory Advanced Research program (Section 502(d) 
) to address recommendations of the TRB and others that FHWA's R&D; 
program should focus on fundamental, long-term research. It requires 
the FHWA to develop an advanced research agenda in consultation with 
outside groups, and requires consultation with the National Science 
Foundation in reviewing advanced research proposals and peer review 
protocols. When funds appropriated for this program exceed $5 million, 
the bill establishes an open solicitation grant program to the research 
community to spur innovation.
    Reauthorizes the ``Surface Transportation Environment and Planning 
Cooperative Research Program'' (STECRP) and creates a collaborative, 
public-private partnership to implement the recommendations contained 
in the TRB Special Report 268, a report that Congress requested in TEA-
21. This section authorizes for the first time an implementation 
framework to ensure that DOT fulfills the requirements originally set 
out in TEA-21. The program is modeled on the Transit Cooperative 
Research Program, which is run collaboratively by American Public 
Transit Association, the Federal Transit Administration and the TRB. 
The amendments require the Secretary to contract with either the 
National Academy of Sciences or another non-profit research 
organization to administer the program and to fulfill annual reporting 
requirements. The selected organization must create an independent 
advisory board that would have broad interest group membership and be 
open to stakeholder input, develop the research agenda, periodically 
modify the strategic plan (originally developed in TRB Special Report 
268), solicit project proposals through open competition, and conduct 
peer review of research products. The National Academy of Public 
Administration would conduct a program review. DOT could participate in 
program priorities and funding decisions.

Section 105: Technology Deployment

    Reauthorizes FHWA's technology deployment program. Expands the 
Innovative Bridge Research and Construction Program (authorized in TEA-
21) to a more comprehensive Innovative Research and Deployment Program 
covering bridges, pavements and safety research and deployment. The 
goals of this program include the development of new, cost-effective 
innovative material for surface transportation infrastructure; the 
deployment and evaluation of safety technologies and innovations; the 
reduction of life-cycle costs of surface transportation infrastructure; 
and the development and deployment of construction techniques to 
increase safety and reduce construction time and traffic congestion.
    The legislation establishes new requirements for the Secretary to 
ensure that the information and technology resulting from research 
conducted in this program is made available to State and local 
transportation departments, metropolitan planning organizations and 
other interested parties. The bill also establishes a new research 
program to address the non-technical barriers to technology deployment 
(such as fragmented authority at the local and regional level, and 
rigid procurement rules) and generate proposals for how to overcome 
these barriers. Experts have identified non-technical barriers as more 
significant than technical ones in the deployment of innovative 
technologies.

Section 106: Training and Education

    Increases the number of federal funding sources from which States 
may draw for surface transportation workforce development, training and 
education. Makes federal funding for these activities available at 100 
percent so no match would be required. This should provide States an 
additional incentive to fund these programs. It also allows for the 
development of new courses at the National Highway Institute to better 
address challenges faced by today's transportation professionals, and 
requires the National Highway Institute to review, revise, and cease 
courses periodically.

Section 107: Bureau of Transportation Statistics

    Increases the responsiveness of the Bureau of Transportation 
Statistics (BTS) to the needs of the transportation community by (1) 
clarifying that BTS is to serve decision-makers in the transportation 
community at large in addition to the Secretary of DOT, (2) 
strengthening the role of the Director of BTS; (3) expanding membership 
of the Director's Advisory Committee on Statistics to make it more 
representative of the transportation community; (4) requiring a 
national transportation statistics needs assessment to be carried out 
by the National Academy of Sciences (in consultation with key 
constituencies and the DOT's Advisory Committee on Statistics), and (5) 
requiring BTS to create a data strategic plan based on the needs 
assessment, and to submit an annual report documenting its progress in 
implementing legislative mandates and the strategic plan. The 
amendments also call on the Director to implement data modernization 
efforts and encourage the harmonization of data collection and 
management, through demonstration grants to States, local governments, 
and metropolitan planning organizations. The section also reauthorizes 
a variety of programs in Section 111 of Title 49, including the 
National Transportation Library. Funding for BTS remains level, through 
fiscal year 2006, except for the additional resources to fund the State 
and local government demonstration grant program. Beginning in fiscal 
year 2007, funding is increased as BTS begins implementing the newly 
adopted strategic plan.

Section 108: State Planning and Research

    Sets State Planning and Research (SPR) funding at $1.073 billion. 
This amount is equivalent to a 21/2 percent set aside of funds 
authorized to be appropriated to States, if the total six-year 
transportation funding is $375 billion. This increase recognizes a 
growing need to ensure adequate funding for planning and research. The 
bill maintains the current requirement for 25 percent of SPR funds to 
be spent on research, and adds a new provision that requires 10 percent 
of SPR funds be spent on improving the quality of transportation data. 
The section clarifies that studies, research and training on 
engineering standards and construction materials should be multimodal, 
and that research should also focus on design standards for intermodal 
coordination.

Section 109. Future Strategic Highway Research Program (F-SHRP)

    Authorizes the Future Strategic Highway Research Program (F-SHRP) 
to be carried out by the National Academy of Sciences in consultation 
with the American Association of State Highway Transportation Officials 
and other stakeholders. The program implements the recommendations of 
the TRB Special Report 260, a report called for by Congress in TEA-21 
to develop a research program that cuts across disciplines and 
addresses short- to medium-term R&D; gaps. F-SHRP addresses R&D; gaps in 
four areas: (1) Renewal, which will focus on R&D; to minimize 
disruptions as we renovate existing highway infrastructure; (2) Safety, 
which will focus on reducing crashes; (3) Reliability, which will focus 
on R&D; to improve the reliability of travel times by reducing the 
frequency and effects of events that cause delay; and (4) Capacity, 
which will look holistically at the relationship between highways, the 
economy, communities and the environment. The section authorizes $75 
million per year for fiscal years 2004 through 2009. It also includes 
requirements that (1) projects be selected through open solicitation, 
(2) research results are peer reviewed, (3) a broad array of 
stakeholders are involved at all levels of the program, (4) the 
National Academy of Sciences publish annual progress and performance 
reports, and (5) the National Academy of Public Administration carry 
out an independent review two years into the program to assess the 
degree to which the program is addressing the research topics 
identified in Special Report 260.

Section 110: University Transportation Research

    Authorizes the Secretary to make grants to nonprofit institutions 
of higher learning to establish and operate 10 regional transportation 
centers. The Secretary shall also make 16 grants to other nonprofit 
institutions of higher learning to establish and operate university 
transportation centers in addition to the 10 regional centers. The 10 
regional centers shall be selected through a competitive, peer-reviewed 
process and the federal share of the costs of activities is increased 
from the current level of 50 percent to 80 percent. For Fiscal Years 
2004, 2005 and 2006, six of the 16 grants for university transportation 
centers will be competitively awarded and peer-reviewed. For these 
years, the other 10 grants shall go to the specific universities that 
won the competition among groups in TEA-21 and received funding for 
Fiscal Year 2003. For Fiscal Years 2007, 2008 and 2009, all 16 of the 
grants for the university transportation centers shall be competitively 
awarded and peer-reviewed. The federal share of the costs for all 
university transportation centers shall remain 50 percent.

Section 111: Intelligent Transportation Systems

    Reauthorizes the Intelligent Transportation Systems (ITS) Research 
Program. Strengthens the program by (1) creating an advisory committee 
with broad representation from the transportation community, and 
charging it to advise DOT on whether ITS technologies (for which the 
DOT is proposing to fund research and development) are likely to be 
deployed, and what the appropriate roles for government and the private 
sector are in investing in specific technologies; (2) requiring an 
update of the ITS Program Plan in 2005 (with input from the advisory 
committee) to assess how well the ITS program has met the goals set in 
the 2000 Program Plan, identify barriers to reaching these goals, and 
set goals, plans and funding needs for the next five years; (3) 
requiring the development of an information strategy, with input from 
the Bureau of Transportation Statistics, to both identify how data 
collected currently from ITS technologies can and should be used for 
planning and assessment, and to outline a vision for future linkages 
between ITS technologies, data and management; and (4) requiring 
testing and validation of ITS standards.
    In addition, the bill authorizes the ITS program to focus on 
technologies to improve transportation security, and authorizes a 
research program on the non-technical barriers to the deployment of ITS 
technologies. The bill also requires the National Academy of Science to 
evaluate the ITS program and assess how well the program has achieved 
the goals laid out in the 2000 Program Plan.

Section 112: National Multimodal Trends Research Program

    Creates a new national multimodal research program on demographic, 
economic and social trends that affect and are affected by the 
transportation system. This program fills an important gap in current 
research. It requires the Secretary to establish the program through 
the National Academy of Sciences, and specifies, in general terms, the 
economic, demographic, social, evaluation and other issues to be 
addressed by the program. It specifically requires the Academy to 
create an independent advisory committee drawn from social science 
experts and key stakeholder groups, to develop a strategic plan, and to 
review and evaluate project proposals. At least 75 percent of available 
funds shall be directed to implementing the strategic plan, while up to 
25 percent of the funds shall be available to sponsor-directed 
projects. $5 million is set aside for this program in each of fiscal 
years 2004-2009.

Title II: Miscellaneous

Section 201: Authorization of Appropriations

    Authorizes appropriations as follows: $75 million for each of 
fiscal years 2004-2009 for transit R&D; and such sums as necessary for 
highway safety R&D;, and motor carrier safety R&D.;

Section 202: Transit Research

    Creates a new Innovative Practices and Technologies Demonstration 
and Deployment Program that would demonstrate promising new transit 
practices and technologies, evaluate and document the performance, 
benefits and costs of innovative technologies, and disseminate 
information to accelerate deployment of innovations. The Secretary is 
authorized to make grants to a variety of public, private and non-
profit entities. The Secretary shall select projects based on whether 
they meet the goals of the program, whether they pass a merit review, 
and the likelihood that the project will result in widespread 
deployment. The Secretary shall also ensure that innovations are made 
available to transit agencies and State and local transportation 
departments. The Secretary shall establish the federal share of the 
grant program.

Section 203: National Transit Institute

    Maintains the National Transit Institute.

Section 204: Human Resource Programs

    Maintains the human resources programs at the Federal Transit 
Authority.

Section 205: Highway Safety Research and Development

    Maintains the Highway Safety Research and Development Program and 
adds new provisions addressing emergency medical services, 
international cooperation, and a national motor vehicle crash causation 
survey.

Section 206: Motor Carrier Research and Technology Program

    Authorizes a comprehensive Federal Motor Carrier Safety 
Administration research and technology program.

Section 207: Transportation Energy and Environment

    Creates an energy and climate change program at DOT to study the 
relationships between transportation, energy, and climate change.

Section 208: National Cooperative Freight Transportation Research 
Program

    Authorizes a cooperative freight research program, administered by 
the National Academy of Sciences.

Section 209: Establishment of a Next Generation National Transportation 
Policy Study Commission

    Establishes a Presidential Commission to investigate and study 
transportation needs, and the resources, requirements and policies 
necessary to meet expected needs.

Section 210: Real-Time System Management Information Program

    This section encourages the deployment of systems to monitor the 
status of condition of key surface transportation (highway and transit) 
facilities.

Section 211: Planning Capacity Building Initiative

    This section establishes a planning capacity building initiative to 
strengthen metropolitan and statewide transportation planning, and to 
enhance Tribal capacity to conduct joint transportation planning.


  XXI: PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3551, SURFACE 
          TRANSPORTATION RESEARCH AND DEVELOPMENT ACT OF 2004

                              ----------                              


                      WEDNESDAY, FEBRUARY 4, 2004

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:08 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. Good morning. The Committee on Science 
will be in order. We will begin with a few brief administrative 
matters involving the Subcommittee assignments. I ask unanimous 
consent to change the ratio of the Subcommittee on Energy from 
ten Republican Members and eight Democrat Members to eleven 
Republican Members and nine Democrats. Without objection, so 
ordered.
    I ask unanimous consent that the gentleman from Texas, the 
Honorable Ralph Hall, be elected to the Subcommittee on Energy 
and to the Subcommittee on Space and Aeronautics. Without 
objection, so ordered.
    Let me just say this is--you will notice some adjustments 
in the chairs up here, in the line up. First of all, it is a 
pleasure for me to welcome Mr. Hall to our side of the aisle. 
We have come to expect wonderful things from Mr. Hall. And one 
of the things that I admire most about him, in addition to his 
wit, is his good judgment. So Mr. Hall, welcome.
    And I also want to welcome my dear friend and colleague of 
many years, Bart Gordon, to the position as Ranking Member as 
leader of the Democrats. He is not leader of the opposition; he 
is leader of our partners in this effort. And I want to 
particularly note that he has been a most active Member of this 
committee from the beginning, from his first time here in 1985 
as a freshman Member. He is a thoughtful, deliberative guy. He 
is a guy who pays attention to the issues and one from whom I 
will expect great things in the future. I would point out that 
he also has a minor Committee assignment. He is a Member of 
Energy and Commerce, but this is where he devotes his--so much 
time and attention to very productive results. So Mr. Gordon, 
welcome. Mr. Hall, welcome. We are glad to have everyone here.
    And now the Chair is pleased to recognize the Ranking 
Member from Tennessee, Mr. Gordon.
    Mr. Gordon. Mr. Chairman, I should just say amen. I don't 
think I can beat your kind remarks. Thank you very much. I am 
excited about having the opportunity to serve as the Ranking 
Member. And I am pleased that our friend, Mr. Hall, is going to 
stay and be the referee. He has set a very good example for us, 
as you said, in working in a bipartisan manner. We want to 
continue that example.
    I think today is fitting that we have a full agenda, and so 
I want to be very brief and--so that we can move forward, but I 
do want to thank you for allowing Congressman Udall and 
Congressman Miller to have two bills today. And I hope that you 
will help us bring these to the Floor as promptly as you have 
brought them to this committee.
    Thank you very much.
    Chairman Boehlert. Mr. Hall.
    Mr. Hall. Mr. Chairman, and to the Ranking Member and to 
the other Members, I thank you very much. I am honored to be 
back on the Committee.
    I want to thank Mr. Gordon for his good judgment and for 
his kindness in keeping the team in place that we had set in 
place. They are good people and good folks to work with. I want 
to thank all of them from either side of the docket who have 
welcomed me here. Actually, when I decided--made the decision 
to switch parties, I didn't call anyone. I didn't call the 
President or anyone. I didn't tell anyone, including my wife, 
which was a mistake. I announced that I was making the switch 
and put it on the wire and then called and spoke to the 
Speaker. All I expected from him was that my seniority would be 
honored, and he said it would be. You have done that. And to 
both sides, I am the same guy I was when I came over here. I am 
probably the Speaker's problem now. So we will just have to 
wait and see how things go, but I am honored to be back with a 
group of men and women that I admire, respect, and look forward 
to working with.
    Thank you, and I yield back my time.
    Chairman Boehlert. Thank you so much.
    As those who have observed the deliberations of this 
committee would have testified to, it really doesn't matter 
where you sit in this committee, because we have some very 
important work and partisanship doesn't rear its ugly head very 
often here. On occasion it does, and we are all familiar with 
that. But when all is said and done, we work as a team, this 
Science Committee, and I am very proud of that. And so no 
matter where they are sitting, everybody is part of the team, 
and I thank them for their cooperation and support and vision 
as we look to the future.
    Pursuant to notice, the Committee on Science meets today to 
consider the following measures: H.R. 3551, the Surface 
Transportation Research Act of 2004; H.R. 3752, the Commercial 
Space Launch Amendments Act of 2004; H.R. 912, Charles ``Pete'' 
Conrad Astronomy Awards Act; H.R. 1292, Remote Sensing 
Applications Act of 2003; H.R. 3389, To amend the Stevenson-
Wydler Technology Innovation Act of 1980 to permit Malcolm 
Baldrige National Quality Awards to be made to nonprofit 
organizations; and H.Con.Res. 189, Celebrating the 50th 
anniversary of the International Geophysical Year and 
supporting an International Geophysical Year-2 in 2007-08. I 
ask unanimous consent for the authority to recess the 
Subcommittee at any point, and without objection, it is 
ordered.
    We will now proceed with opening statements. I want to 
welcome everyone here for this important markup. We want to get 
done by 11:00 a.m., so we will need to be brief. I am not 
planning to make any statements this morning other than this 
one, so I will discuss each of the bills right now. But first 
let me say that all of the bills, as usual, reflect long hours 
of bipartisan work on important issues. The smooth markup that 
we expect today is the result of countless hours of staff work 
on both sides of the aisle working out the kinks.
    The first that we will take up is the Transportation 
Research and Development Act offered by Dr. Ehlers and the 
negotiated amendments to it. The bill ensures that we will be 
devoting more resources to transportation R&D; and that those 
resources will be better targeted. The bill authorizes an 
organized R&D; effort that will focus on questions related to 
safety, environment, demographics, and getting the most out of 
the infrastructure that is already in place. It is an eminently 
sensible approach, and we will work hard to see that it becomes 
part of the overall highway bill. I know many Members have 
contributed ideas to the bill and to the amendments, including, 
in addition to the ones I have to offer, two freshmen Members 
on our side of the aisle, Mr. Neugebauer and Ms. Burgess--Dr. 
Burgess. I thank them for their contributions.
    The second measure on the roster is Mr. Rohrabacher's bill 
to amend the Commercial Space Launch Act. I want to thank 
Chairman Rohrabacher for bringing this important matter to our 
attention. We need to create a balanced and predictable 
regulatory regime that can help jump-start a commercial human 
space flight industry while protecting the public. I think that 
this bill does just that. I know some have concerns about the 
provision in the bill extending indemnification for just 3 
years. I don't want to have a long debate in this now, but the 
argument for indemnification has always been that we need to 
help out an infant industry. Well, no industry can remain 
infant forever. Indemnification has already been extended many 
times. Infancy has lasted long enough. In industry's interest, 
we need to send the signal now that the insurance regime out to 
be changing in the future. It certainly would not be fair or 
wise to catch industry off guard.
    The third bill is also offered by Chairman Rohrabacher. It 
would set up awards for amateur astronomers who discover near-
Earth asteroids. It is one of those ideas that is so obviously 
good that it is amazing that it hasn't happened already.
    The fourth bill is Mr. Udall's remote sensing bill. This is 
also a sensible bill that we passed in the last Congress. We 
ought to be doing more to ensure that the remote sensing data 
we have is actually being used. Mr. Weldon will be offering a 
helpful amendment on that to single out one use of the data: 
locating forest fires. I support that amendment.
    The fifth bill would expand the Baldrige Quality Awards to 
include nonprofits. I helped craft the legislation creating the 
Baldrige Award years ago. Little did I appreciate then what a 
major success the award would be. I congratulate Mr. Miller on 
his bill to expand the award.
    The sixth bill by Mr. Udall would call for another 
International Geophysical Year, 50 years after the first one 
was so successful in bringing the world together to conduct 
pioneering research in Antarctica, research several of us got 
to see firsthand last year. This is another idea that deserves 
this committee's support.
    I congratulate all of my colleagues on their hard work on 
these bills, and I look forward to their prompt passage here 
and on the House Floor.
    Let me once again restate the deep appreciation all of us 
have, on both sides, for the outstanding work of the very 
capable and hardworking professional staff. These are people 
who are here long after we have gone home, long after we have 
checked out of the airport to return to our Districts, working 
day and night and weekends to provide us with the support we 
need to do the good work we are doing.
    I now recognize Mr. Gordon for five minutes to present his 
opening remarks.
    [The prepared statement Chairman Boehlert follows:]
            Prepared Statement of Chairman Sherwood Boehlert
    I want to welcome everyone here for this important markup. We want 
to get done by 11 a.m., so we all need to be brief. I'm not planning to 
make any statements this morning other than this one, so I will discuss 
each of the bills right now.
    But first let me say that all the bills, as usual, reflect long 
hours of bipartisan work on important issues. The smooth markup that we 
expect today is a result of countless hours of staff work on both sides 
of the aisle working out the kinks.
    The first bill we will take up is the transportation research and 
development (R&D;) bill offered by Mr. Ehlers and the negotiated 
amendments to it. This bill ensures that we will be devoting more 
resources to transportation R&D; and that those resources will be better 
targeted. The bill authorizes an organized R&D; effort that will focus 
on questions related to safety, environment, demographics, and getting 
the most out of the infrastructure that is already in place. It's an 
eminently sensible approach, and we will work hard to see that it 
becomes part of the overall highway bill.
    I know many Members have contributed ideas to the bill and to the 
amendments, including (in addition to me), two freshmen Members on our 
side of the aisle, Mr. Neugebauer and Mr. Burgess. I thank them for 
their contributions.
    The second measure on the roster is Mr. Rohrabacher's bill to amend 
the Commercial Space Launch Act.
    I want to thank Chairman Rohrabacher for bringing this important 
matter to our attention. We need to create a balanced and predictable 
regulatory regime that can help jump-start a commercial human space 
flight industry while protecting the public. I think this bill does 
just that.
    I know some have concerns about the provision in the bill extending 
indemnification for just three years. I don't want to have a long 
debate on this now, but the argument for indemnification has always 
been that we need to help out an infant industry. Well, no industry can 
remain an infant forever. Indemnification has already been extended 
many times. Infancy has lasted long enough. In industry's interest, we 
need to send the signal now that the insurance regime ought to be 
changing in the future. It certainly would not be fair or wise to catch 
industry off guard.
    The third bill is also offered by Mr. Rohrabacher. It would set up 
awards for amateur astronomers who discover near-Earth asteroids. It's 
one of those ideas that is so obviously good that it's amazing that it 
isn't happening already.
    The fourth bill is Mr. Udall's remote sensing bill. This is also a 
sensible bill that we passed in the last Congress. We ought to be doing 
more to ensure that the remote sensing data we have is actually being 
used. Mr. Weldon will be offering a helpful amendment on that bill to 
single out one use of the data--locating forest fires. I support that 
amendment.
    The fifth bill would expand the Baldrige Quality Award to include 
non-profits. I helped craft the legislation creating the Baldrige Award 
years ago; little did I understand then what a major success the Award 
would be. I congratulate Mr. Miller on his bill to expand the Award.
    The sixth bill, by Mr. Udall, would call for another International 
Geophysical Year, 50 years after the first one was so successful in 
bringing the world together to conduct pioneering research in 
Antarctica--research several of us got to see firsthand last year. This 
is another idea that deserves this committee's support.
    I congratulate all my colleagues on their hard work on these bills, 
and I look forward to their prompt passage here--and on the House 
Floor.
    Mr. Gordon.

    Mr. Gordon. Mr. Chairman, I am pleased to report to the 
Committee that the Democratic Caucus of the Science Committee 
has elected the Honorable Nick Lampson of Texas as the Ranking 
Democrat on the Subcommittee on Space and Aeronautics. Mr. 
Lampson has been a Member of the Committee and the Subcommittee 
since his election to Congress in 1996. He represents the 
Johnson--we will try again here. Okay. He represents the 
Johnson Space Center in Houston, and he has been out front in 
his vision for human space flight. Accordingly, I ask unanimous 
consent that the seniority order for the Democratic membership 
of the Subcommittee on Space and Aeronautics be changed to 
reflect the action of our Caucus, placing Mr. Lampson first in 
the Democratic seniority.
    Chairman Boehlert. Without objection.
    Mr. Gordon. Mr. Chairman, I ask unanimous consent for 
another request, and that is I am pleased to report to the 
Committee that the Democratic Caucus of the Science Committee 
has elected the Honorable John Larson of Connecticut as ranking 
Democrat on the Subcommittee on Energy. John has been a Member 
of the Committee since 1998, also serves as the Ranking Member 
on the House Administration Committee, and was a leader in 
developing many of the R&D; provisions of the energy bill. 
Accordingly, I ask unanimous consent that the Honorable John 
Larson be elected to the Subcommittee on Energy and that rank 
in seniority is first on the Democratic membership.
    Chairman Boehlert. Without objection.
    Mr. Gordon. Mr. Chairman, respecting your interest in 
getting out by 11:00, I will reserve any remarks on the bills 
as they come forth.
    Chairman Boehlert. Thank you very much. Without objection, 
all Members may place opening statements in the records at this 
point--in the record at this point.
    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    This is a good bill and I support it, but I have some concerns. As 
stated in a joint report from the Center for Community Change and the 
Civil Rights Project at Harvard:

         ``. . .transportation policies have had inequitable effects on 
        minority and low-income populations, often restricting their 
        ability to access social and economic opportunities, including 
        job opportunities, education, health care services, places of 
        worship, and other places such as grocery stores. 
        Transportation policies limit access to opportunities through 
        direct effects, such as inequitable costs, and indirect 
        effects, such as residential segregation. The indirect effects 
        are caused, in part, by the combined effects of transportation 
        policies and land use practices.''

    That is the problem I am addressing with my amendment. In the 
National Multimodal Trends Policy Research and Development Program 
section of the bill, I add some common sense features that will ensure 
that our future transportation programs serve the needs of all the 
American people.
    One change will enable us to better understand the needs of low-
income minority and transit-dependent populations in urban and rural 
areas. Another will ensure that we get input from groups with expertise 
in environmental justice, and from community leaders.
    I hope you will support this amendment.

    Chairman Boehlert. We will now consider the bill H.R. 3551, 
the Surface Transportation Research Act of 2004. I now 
recognize Mr. Gordon for five minutes to present his opening 
remarks.
    Mr. Gordon. Mr. Chairman, I understand you are going to be 
introducing a substitute amendment. And let me say to you that 
I want to thank you and Chairman Ehlers and their staffs for 
working with us in revising this bill.
    Chairman Boehlert. Dr. Ehlers will be doing that. He will 
have the substitute amendment.
    Mr. Gordon. And so I will address my remarks to that. This 
amendment takes a common sense approach to dealing with the R&D; 
funding levels. It sets a minimum based R&D; funding level that 
represents a modest increase over the fiscal year 2004 funding. 
And additionally, funding becomes available. R&D; will increase 
to keep pace with the overall transportation funding based upon 
a 1.08-cent index. I think this is a common sense way to deal 
with this problem since we are not sure what that funding level 
will ultimately arrive at, so again, thank you for your 
cooperation.
    [The prepared statement of Mr. Gordon follows:]

            Prepared Statement of Representative Bart Gordon

    Chairman Boehlert has outlined the provisions in the amendment, so 
I will just make a few comments. The substitute amendment is a 
significant improvement over the bill as introduced. I want to thank 
Chairman Boehlert, Chairman Ehlers, and their staff for working with us 
in revising this bill.
    This amendment takes a common sense approach in dealing with R&D; 
funding levels. It sets a minimum based R&D; funding level that 
represents a modest increase over FY04 funding. If additional funding 
becomes available, R&D; will increase to keep pace with overall 
transportation funding based upon a 1.08 percent index. This approach 
takes the Committee out of any debate surrounding how to fund increases 
for overall transportation funding.
    I was the Ranking Member on the Technology Subcommittee during the 
TEA-21 authorization. I learned that while research can help us build 
and maintain our transportation system, ``faster, better, cheaper,'' it 
can also help us do it smarter. We can't build our way out of the 
congestion problems that affect almost every community. We need to 
better understand the interaction between our communities, the economy, 
and our transportation infrastructure. This amendment strengthens and 
funds the Surface Transportation-Environment Cooperative Research 
Program that originated in the Science Committee during the TEA-21 
authorization process. This amendment also includes provisions to 
improve the assessment of community needs and of our driving 
population. Our transportation planning must take into account our 
aging population and that in many instances most driving hours are no 
longer due commuting to and from work.
    I also want to thank the Chairman for working with me on training 
and education provisions in the bill and for working with other Members 
on their particular transportation interests.
    This bill represents a good, bipartisan consensus on transportation 
R&D; and I would urge everyone to support this bill.

    Chairman Boehlert. I would ask unanimous consent that the 
bill is considered as read and open to amendment at any point 
and that the Members proceed with the amendments in the order 
of the roster. Without objection, so ordered.
    I move that the first reading of the bill be dispensed 
with.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by Dr. Ehlers. I ask unanimous 
consent that the amendment in the nature of a substitute be 
considered original text for purpose of amendment under the 
five-minute rule. Without objection, so ordered.
    I have an amendment at the desk--Dr. Ehlers has--the Chair 
recognizes Dr. Ehlers.
    Mr. Ehlers. Mr. Chairman, I have an amendment at the desk.
    Chairman Boehlert. The Clerk shall report the amendment.
    Ms. Tessieri. Amendment in the nature of a substitute to 
H.R. 3551----
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    [Amendment offered by Mr. Ehlers is located in the 
Appendix.]
    Chairman Boehlert. The gentlemen from Michigan, Dr. Ehlers, 
is recognized for five minutes to offer his amendment.
    Mr. Ehlers. Thank you, Mr. Chairman.
    We have done an immense amount of work on this, 
particularly the staff. We are determined to have this become a 
major part of the new transportation bill, and the staff has 
done outstanding work on this.
    This amendment does two major things: it reinserts the 
funding provisions which we removed at the Subcommittee level, 
and it incorporates the suggestions made by other Members of 
the Committee as well as the Administration, States, and other 
interest groups. The amendment retains all of the major 
programs and provisions from the bill as introduced.
    Let me explain how this bill is funded. In the last 
reauthorization, while overall spending on transportation 
increased dramatically, by about 40 percent, funding for 
transportation research remained relatively flat. All parties 
that we worked with throughout this process, including the 
States, agreed that research needs more funding.
    However, it is difficult to determine the appropriate level 
of funding for research without knowing what the final overall 
funding level will be for the larger highway bill. So what we 
have done is to tie research funding to overall transportation 
spending as a percentage. In this way, as the overall funding 
grows, so will the research funding. We set this percentage 
slightly higher than the percentage spent on these programs 
under TEA-21.
    The increase will go to pay for new programs that focus on 
environment, congestion, and safety. There are also increases 
for university transportation centers, which will all be 
competed. More specifically, the bill creates the Future 
Strategic Highway Research Program. This program will focus on 
reducing congestion, renewing existing roads and bridges, 
improving safety, and assessing future needs. The bill also 
establishes a public-private cooperative environmental research 
program to help us understand the link between the environment 
and the transportation system. It also creates a new research 
program to demonstrate promising transit technologies and 
practices to improve efficiency and safety and reduce costs. It 
also requires all research projects funded by this legislation 
will be competitively awarded and peer-reviewed. And finally, 
it provides better training and education programs for the 
transportation workforce.
    I urge my colleagues to support my amendment and the En 
Bloc amendment, which will be considered next. This bill will 
put us in a strong position to negotiate with the House 
Transportation Committee as the process moves forward.
    Let me also comment, Mr. Chairman, on the funding level. It 
will basically be at 1.08 percent of the total transportation 
bill. I personally recognize this as too low, but I suspect it 
is the maximum we can obtain from the Transportation Committee 
and the Congress as a whole. But I would also point out that I 
don't know of any major corporation in this country or, for 
that matter, throughout the world which would spend such a 
small portion of its revenues on research. And I think we 
should keep this in mind in the future and because the research 
saves money. If we develop concrete that lasts longer, we save 
money. And I could give many other examples. So I hope in the 
future we will be able to increase this percentage and actually 
get more for our money out of the entire transportation bill.
    I yield back the balance of my time.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    Thank you Mr. Chairman.
    This amendment does two major things: It re-inserts the funding 
provisions, and it incorporates the suggestions made by other Members 
of the Committee, as well as the Administration, States, and other 
interest groups. The amendment retains all the major programs and 
provisions from the bill as introduced.
    Let me explain how this bill is funded. In the last 
reauthorization, while overall spending on transportation increased 
dramatically (by about 40 percent), funding for transportation research 
remained relatively flat. All parties that we worked with throughout 
this process, including the States, agreed that research needs more 
funding.
    However, it is difficult to determine the appropriate level of 
funding for research without knowing what the final overall funding 
level will be for the larger highway bill. So, what I have done is to 
tie research funding to overall transportation spending as a 
percentage. In this way, as the overall funding grows, so will the 
research funding. I set this percentage slightly higher than the 
percentage spent on these programs under TEA-21.
    The increase will go to pay for new programs that focus on 
environment, congestion, and safety. There are also increases for 
university transportation centers, which will all be competed.
    More specifically, the bill:

          Creates the Future Strategic Highway Research 
        Program. This program will focus on reducing congestion, 
        renewing existing roads and bridges, improving safety, and 
        assessing future needs;

          Establishes a public-private cooperative 
        environmental research program to help us understand the link 
        between the environment and the transportation system;

          Creates a new research program to demonstrate 
        promising transit technologies and practices to improve 
        efficiency and safety, and reduce costs;

          Requires all research projects funded by this 
        legislation will be competitively awarded and peer-reviewed; 
        and

          Provides better training and education programs for 
        the transportation workforce.

    I urge my colleagues to support my amendment and the En Bloc 
amendment that will be considered next. This bill will put us in a 
strong position to negotiate with the House Transportation Committee as 
the process moves forward.

    Chairman Boehlert. Thank you very much, Dr. Ehlers, for 
that fine explanation. Is there any further discussion? Ms. 
Johnson?
    Ms. Johnson. Thank you, Mr. Chairman. I would like to 
applaud the Committee leadership for bringing the Surface 
Transportation Research and Development Act of 2003 up for 
markup today. This is a very important piece of legislation 
that deserves our immediate and utmost attention.
    Congestion is beginning to cripple our largest cities and 
primary--the primary engine of our nation's economic growth. 74 
percent of Americans agree that America faces a transportation 
capacity crisis in 75 large metropolitan areas alone. The cost 
of congestion is $69.5 billion, including 3.5 billion hours of 
delay and 5.7 billion gallons of excess fuel consumption. The 
average annual delay for every person in these cities has 
climbed to 26 hours. While these statistics are startling, the 
average American family does not need them recited. They are 
stuck in the traffic on their way home from work, picking up 
the kids at day care, or running the endless errands that seem 
a part of today's society, and they lose what precious little 
time they have together.
    More importantly, our nation's highways, bridges, transit 
systems are not as safe as they need to be, and highway death 
toll is unacceptably high, most especially in my state. Over 
the past 25 years, 1.2 million have died in our--on our roads. 
Last year, 42,815 people died and 2.9 million more were injured 
on our highways. Highway fatalities remain the leading cause of 
death of our youth, ages 4 to 33. In addition to the personal 
tragedy of each of these deaths and many of the injuries, the 
economic cost of these accidents is more than $230 billion per 
year.
    Finally, the Committee's proposal will provide the ailing 
American economy a needed economic stimulus package. The 
Federal Highway Administration reports that every $1 billion of 
federal funds invested in highway infrastructure creates 47,500 
jobs and $6.2 billion in economic activity. When enacted, the 
Committee's introduced bill will create and sustain up to 3.6 
million family-wage construction jobs, including 1.7 million 
new jobs. This bill would not put people back--would put people 
back to work, and this is just what the American economy needs. 
Moreover, a recent study found that the Committee's bipartisan 
proposal to invest $375 billion in surface transportation over 
the next 6 years would add $290 billion more to the Nation's 
gross domestic product than the Administration's proposal to 
invest only $247 billion.
    The Committee's proposal would also lead to an additional 
$129 billion of household disposable income and an additional 
$98 billion in consumer spending. Millions of new, good paying 
jobs, billions of jobs--dollars of new consumer spending, now 
that is the way to get the economy growing.
    I applaud Representative Ehlers for introducing this bill 
today, and I hope to continue to work together with the Members 
of this committee on the journey to writing the legacy of our 
surface transportation future. Thank you.
    [Prepared statement of Ms. Johnson follows:]

       Prepared Statement of Representative Eddie Bernice Johnson

    Thank you, Mr. Chairman. I would like to applaud the Committee 
leadership for bringing the Surface Transportation Research and 
Development Act of 2004 (H.R. 3551) up for markup today. This is a very 
important piece of legislation that deserves our immediate and utmost 
attention.
    Congestion is beginning to cripple our largest cities, the primary 
engines of our nation's economic growth. Seventy-four percent of 
Americans agreed that America faces a transportation capacity crisis. 
In 75 large metropolitan areas alone, the cost of congestion is $69.5 
billion--including 3.5 billion hours of delay and 5.7 billion gallons 
of excess fuel consumption. The average annual delay for every person 
in these cities has climbed to 26 hours. While these statistics are 
startling, the average American family does not need them recited--they 
are stuck in traffic on their way home from work, picking up the kids 
at day care, or running the endless errands that seem a part of today's 
society, and they lose what precious little time they have together.
    More importantly, our nation's highways, bridges, and transit 
systems are not as safe as they need to be and the highway death toll 
is unacceptably high. Over the past 25 years, 1.2 million have died on 
our roads. Last year, 42,815 people died and 2.9 million more were 
injured on our highways. Highway fatalities remain the leading cause of 
death of our youth (people ages 4 to 33). In addition to the personal 
tragedy of each of these deaths and many of the injuries, the economic 
cost of these accidents is more than $230 billion per year.
    Finally, the Committee's proposal will provide the ailing American 
economy a needed economic stimulus package. The Federal Highway 
Administration reports that every $1 billion of federal funds invested 
in highway infrastructure creates 47,500 jobs and $6.2 billion in 
economic activity. When enacted, the Committee's introduced bill will 
create and sustain up to 3.6 million family-wage construction jobs, 
including 1.7 million new jobs. This bill would put people back to 
work, and this is just what the American economy needs.
    Moreover, a recent study found that the Committee's bipartisan 
proposal to invest $375 billion in surface transportation over the next 
six years would add $290 billion more to the Nation's Gross Domestic 
Product than the Administration's proposal to invest only $247 billion. 
The Committee's proposal would also lead to an additional $129 billion 
of household disposable income and an additional $98 billion in 
consumer spending--millions of new, good-paying jobs, billions of 
dollars of new consumer spending: now that's the way to get the economy 
growing again!
    I applaud Representative Ehlers for introducing this bill today. I 
hope to continue to work together with the Members of this committee on 
the journey of writing the legacy of our surface transportation future.

    Chairman Boehlert. Thank you very much.
    And for the benefit of our guests at this markup, I want 
everyone to know that even though we are dealing with a Science 
Committee amendment pertaining to a transportation bill, we are 
not railroading anything through. We are going to act with 
dispatch today because of a very busy schedule, but only after 
detailed consultation on both sides we have worked these things 
out together, which is the habit of this committee, and we are 
acting with the good advice of our parliamentarians, so we are 
going to follow parliamentarian procedure. We are going to try 
to act with dispatch, because everyone has 14 other 
commitments, and at 11 o'clock, we have to be completed, 
because the President of Spain will be our guest addressing a 
joint meeting of the Congress.
    Is there anyone else who seeks recognition? Ms. Jackson 
Lee.
    Ms. Jackson Lee. Thank you very much, Mr. Chairman.
    In that spirit, I just want to thank the Committee for 
accepting my amendment En Bloc in the surface transportation 
legislation, specifically dealing with the question of ensuring 
the input of minority communities where sometimes 
transportation has an inequitable effect on those communities, 
often restricting their ability to access social economic 
opportunities, including job opportunities, education, health 
services, places of worship, and other places such as grocery 
stores. My amendment will address some of these issues by 
common sense features that will ensure that they will have a 
better opportunity to have input but also that we would have a 
better opportunity to understand the needs of low-income, 
minority, and transit-dependent populations in urban and rural 
areas.
    And with that, I thank the Committee, and I add my support 
to the legislation and yield back my time.
    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    I rise in support of the Transportation Research and Development 
Act. I commend you and my colleague from Michigan, Congressman Ehlers 
for his leadership on this important issue. Transportation is one of 
those bread and butter issues that makes such a huge difference in the 
lives of our constituents. And we spend a lot of money on it. Providing 
for research and development to make smart transportation systems, is a 
smart investment.
    The budget the President unveiled on Monday definitely confused the 
issue of how to provide for the transportation needs of this nation. I 
believe he is advocating under-investment in our critical 
transportation infrastructure, but obviously, that is a debate for 
another day. But that budget did throw a bit of a wrench in the 
progress of the Transportation Bill that the House is working on, and 
that confused the numbers in the bill before us today. Therefore, I am 
glad we have worked together in a bipartisan fashion to re-tune the 
authorizing levels in this bill and set some good minimums. Now, no 
matter what happens in other committees, programs we determine are 
valuable, will have a better chance of getting the funding they 
deserve.
    One part of this bill that I am particularly pleased to see is the 
Garrett Morgan Technology and Transportation Education Program, that is 
folded into the en bloc amendment, and is the product of good work by 
my colleague from Texas, Congressman Neugebauer. This Program was 
initiated by Sec. Rodney Slater in May 1997 in response to the call to 
action by President Clinton at his Summit for America's Future. This 
education program was intended to help ensure that America's least 
advantaged students would have increased opportunities through exposure 
to mentors in a wide variety of fields.
    Today, the program's goals are to ``build a bridge between 
America's youth and the transportation community.'' The components of 
the program are: 1) Math, Science and Technology Literacy Challenge for 
K-12; 2) Community College Partnership; 3) Undergraduate and Graduate 
Opportunities; and 4) Life-long Learning.
    Mr. Neugebauer is to be congratulated for authorizing this program 
and for now requiring the program to place a special emphasis on 
providing opportunities for women and minorities.
    Garrett Morgan was an African American inventor who lived in 
Cleveland, OH. One of his most notable inventions was the traffic 
signal. Although technology has modernized the traffic signal since he 
first invented it, we are still using the same simple, but elegant 
solution to managing traffic flows.
    This program has never had funding of its own--it has leveraged 
funds of other federal and State programs. Rep. Neugebauer's amendment 
provides $500,000 of new funding to expand the worthy activities of 
this program. This has been an excellent program since it was created 
by President Clinton, and now will become even more effective at 
improving diversity in our transportation industry.
    I support the amendment and support the underlying bill.

    Chairman Boehlert. Thank you for your valuable 
contribution.
    Dr. Gingrey.
    Dr. Gingrey. Thank you, Mr. Chairman.
    Just a real brief inquiry. In regard to the inquiries from 
'03, if, on the scenario of $300 billion, which is actually 
less than what the Senate and the House are now proposing for 
the transportation bill, that would be a 17 percent increase in 
the amount of spending on research and development from 2003 to 
2004. Now what happens in the out years if we--in this--in the 
3551 if we go to this and the transportation bill ends up being 
about $300 billion then we are spending $540 million on R&D;? 
That is a 17 percent increase. What happens then to the--in the 
out years? How much increase do we get on top of that?
    Chairman Boehlert. Susannah.
    Ms. Foster. Sure. In the out years, you would see--under 
our scenario, you would most likely see flat-funding at that 
level, at that 540 level if you saw a $300 billion bill. It is 
linked to the amounts in the Highway Trust Fund. So if the 
final bill ramps up, our research funding would also ramp up. 
But if the final bill stayed flat, our bill would also have 
flat funding.
    Dr. Gingrey. Right, so that if it remained flat over a six-
year period of time, then basically you are talking about a 
three-percent increase a year over the life of the 
reauthorization?
    Ms. Foster. Yes.
    Dr. Gingrey. Three percent. Thank you.
    Chairman Boehlert. Ms. Lofgren.
    Ms. Lofgren. Mr. Chairman, I, just very briefly, wanted to 
thank Chairman Ehlers and--for accepting my amendment relative 
to the establishment of research centers for safety. I serve on 
the Homeland Security Committee, and I think the willingness to 
accept that amendment is a very important one, and I appreciate 
it and wanted to offer my thanks and my support for the bill.
    Chairman Boehlert. Thanks for that observation, and thanks 
for that input. Very valuable. Anything further?
    Let us proceed. The next amendment on the roster, and we 
are told that we have to proceed this way by the 
parliamentarian, is amendment number two, an En Bloc amendment 
offered by Dr. Ehlers to his amendment in the nature of a 
substitute. Dr. Ehlers, are you ready to proceed?
    Mr. Ehlers. Yes. I have an amendment at the desk.
    Chairman Boehlert. The Clerk will report the amendment.
    Ms. Tessieri. En Bloc amendment offered by Mr. Ehlers to 
the amendment in the nature of a substitute.
    [En Bloc amendment offered by Dr. Ehlers appears in the 
Appendix.]
    Chairman Boehlert. The gentleman is now recognized for five 
minutes to explain his amendment.
    Mr. Ehlers. Thank you, Mr. Chairman. And I will use far 
less than five minutes. I will be brief.
    I am pleased to offered this En Bloc amendment, which has 
been worked out with both the majority and minority Members and 
includes amendments by Mr. Burgess to create a road weather 
research program, Mr. Neugebauer to create a math science 
education program, Ms. Biggert to clarify that all federally 
funded laboratories are eligible to participate in the R&D; 
programs, Ms. Jackson Lee to ensure that low-income and 
minority citizens are included as a category in policy 
research, and Ms. Johnson to develop innovative technologies to 
improve public input into planning.
    I am willing to yield my time to any of these Members if 
they wish to make a brief statement, although most of them have 
already spoken.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    Thank you Mr. Chairman.
    I will be brief. I am pleased to offer this En Bloc amendment which 
has been worked out with the majority and minority Members and includes 
amendments by Mr. Burgess to create a road weather research program, 
Mr. Neugebauer to create a math science education program, Ms. Biggert 
to clarify that all federally funded laboratories are eligible to 
participate in the R&D; programs, Ms. Jackson Lee to ensure that low-
income and minorities citizens are included as a category in policy 
research, and Ms. Johnson to develop innovative technologies to improve 
public input into planning.
    I yield my time to any of these Members if they wish to make a 
brief statement.

    Chairman Boehlert. Thank you very much. If there is----
    Mr. Ehlers. Mr. Burgess. I am pleased to yield two minutes 
to Mr. Burgess.
    Mr. Burgess. Thank you, Dr. Ehlers.
    My amendment will simply create a federal road weather 
research program within the Department of Transportation. The 
concept for this program came from a report by the National 
Research Council, which was sponsored by the Federal Highway 
Administration. This program would bring together the weather 
and transportation research communities to maximize the use of 
available weather information and technologies, and especially 
to improve safety and efficiency. The amendment calls for the 
program to be funded at $5 million each year, which would come 
from the existing major research account for highway research.
    I want to thank my Subcommittee Chairman, Dr. Ehlers, and 
Chairman Boehlert for supporting my amendment.
    And just before I yield back my time, I just have to say 
how good it is to see Mr. Hall on our side of the bench. I will 
yield back.
    Chairman Boehlert. Let me tell you, Mr. Burgess, it is good 
to see Mr. Hall any place.
    Is there anything further?
    Mr. Ehlers. Reclaiming my time, I now yield two minutes to 
Mr. Neugebauer.
    Mr. Neugebauer. Thank you, Mr. Chairman, and thank you, Mr. 
Ehlers, for working with me on this important amendment. My 
amendment authorizes the Garret Morgan Technology and 
Transportation Education Program. While that title is very 
long, the concept is simple. This program will help improve the 
preparation of students, particularly females and minorities, 
in science, technology, engineering, and mathematics throughout 
their curriculum development and other activities related to 
transportation.
    And Mr. Chairman, I yield back the balance of my time.
    Chairman Boehlert. Dr. Ehlers.
    Mr. Ehlers. Reclaiming my time, I yield two minutes to Ms. 
Johnson.
    Ms. Johnson. Thank you very much, Mr. Chairman.
    I am very grateful to the Committee leadership for agreeing 
to include my amendment in the Surface Transportation Act, and 
I have always been a proponent of including public opinion in 
our governing process. And I believe this amendment is an 
effective tool to accomplish that.
    Government agencies and planning organizations spend a 
great deal of time and money on obtaining public input into 
transportation planning and policies yet meaningful public 
input has proven difficult to obtain. Forums for public 
discussion tend to draw sparse attendance and are often 
dominated by vocal and unrepresentative minorities. 
Conventional surveys, by contrast, measure the opinions of the 
whole public, but those opinions typically rest on little prior 
thought or information. The combination of representative, yet 
informed, opinions remain elusive.
    Recognition of these problems has led to the widespread 
calls, from the Bush Administration and elsewhere, for 
innovation. Among the priority areas for research funding 
designated by the Administration's Surface Transportation 
Reauthorization proposal (SAFETEA) is the development of 
``improved methods for community involvement, collaborative 
planning, and conflict resolution.''
    Deliberative Polling is such a method. It provides public 
input that is both informed and representative. Thus the Center 
for Deliberative Democracy at Stanford University and the 
career--the Center for Transportation Research at the 
University of Texas at Austin propose conducting Deliberative 
Polls on transportation issues at the national, State, and 
local levels.
    A Deliberative Poll begins by drawing and interviewing a 
random sample of the public then inviting them to a common site 
to discuss the issues. And I would like to ask unanimous 
consent to file the rest of that statement. And I would also 
like to take----
    Chairman Boehlert. Without objection.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Mr. Chairman. I am very grateful to the Committee 
leadership for agreeing to include my amendment in the Surface 
Transportation Act. I have always been a proponent of including public 
opinion in our governing processes and I believe this amendment is an 
effective tool to accomplish that.
    Government agencies and planning organizations spend a great deal 
of time and money on obtaining public input into transportation 
planning and policies. Yet meaningful public input has proven difficult 
to obtain. Forums for public discussion tend to draw sparse attendance 
and are often dominated by vocal, unrepresentative minorities. 
Conventional surveys, by contrast, measure the opinions of the whole 
public, but those opinions typically rest on little prior thought or 
information. The combination of representative yet informed opinion 
remains elusive.
    Recognition of these problems has led to widespread calls, from the 
Bush Administration and elsewhere, for innovation. Among the priority 
areas for research funding designated by the Administration's Surface 
Transportation Reauthorization proposal (SAFETEA) is the development of 
``improved methods for community involvement, collaborative planning, 
and conflict resolution.''
    Deliberative Polling is such a method. It provides public input 
that is both informed and representative. Thus the Center for 
Deliberative Democracy at Stanford University and the Center for 
Transportation Research at the University of Texas at Austin propose 
conducting Deliberative Polls on transportation issues at the national, 
State, and local levels.
    A Deliberative Poll begins by drawing and interviewing a random 
sample of the public, then inviting them to a common site to discuss 
the issues, usually over a weekend. The participants are sent carefully 
balanced briefing materials laying out the major arguments for and 
against a set of policy proposals. Then, during the weekend, they 
alternate between discussing the issues in randomly assigned small 
groups led by trained moderators and questioning panels of competing 
experts or policy-makers in plenary sessions. The 20-plus Deliberative 
Polls to date have covered such topics as crime policy, America's role 
in the world, the future of the American family, the state of the 
American economy, and the best ways of meeting future energy needs.
    In the realm of transportation policy, Deliberative Polling could 
be applied to the question of how to fund future public spending on 
highways and public transit. Particularly at the federal level, funding 
has come predominantly from taxes on gasoline and other motor fuels, 
but the move toward fuel-saving technologies like hybrid engines, along 
with other factors, may diminish the adequacy of this revenue source.
    The method could also be brought to bear on such other 
transportation issues as streamlining the environmental clearance 
process, improving highway safety, providing support for the 
development of alternative fuels, the appropriate level and composition 
of government spending on surface transportation, land use planning to 
moderate the growth of roadway traffic, commercial truck standards, 
variable toll pricing programs, high occupancy toll lanes, intermodal 
freight transportation facilities, and public private collaboration on 
transportation infrastructure. The focus could also include proposals 
for specific projects, for instance of building a given light rail 
system or of building or improving a given road.
    There are two Centers with dedicated personnel that afford a unique 
combination of expertise. Deliberative Polling was developed by 
Professor James Fishkin, then at the University of Texas, now heading 
the Center for Deliberative Democracy at Stanford University, in 
collaboration with Professor Robert Luskin, then and now at the 
University of Texas. The Center for Transportation Research, closely 
linked to the University of Texas's highly ranked department of Civil 
Engineering and staffed by economists and planners, as well as 
engineers, is an eminent center for transportation research.
    Again, thank you Mr. Chairman for including my amendment, and I 
yield back my time.

    Ms. Johnson.--this opportunity to applaud Representative 
Neugebauer for introducing this very important amendment that 
he offered. The amendment authorized the Garrett A. Morgan 
Technology and Transportation Education Program, a program 
initially established by Secretary Rodney Slater in 1997.
    As this is African American History month, it is very 
appropriate that we recognize Garrett Morgan, an African-
American businessman and inventor whose curiosity and 
innovation led to the development of many useful and helpful 
products. A practical man of humble beginnings, Morgan devoted 
his life to creating things that made the lives of other people 
safer and more efficient. So this program is a continuation of 
that legacy.
    Thank you very much.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Mr. Chairman, I would like to take this opportunity to applaud 
Representative Neugebauer for introducing this very important 
amendment. The amendment authorizes the Garrett A. Morgan Technology 
and Transportation Education Program, a program initially established 
by Secretary Rodney Slater in 1997.
    As this is African American History month, it is very appropriate 
that we recognize Garret Morgan, an African-American businessman and 
inventor whose curiosity and innovation led to the development of many 
useful and helpful products. A practical man of humble beginnings, 
Morgan devoted his life to creating things that made the lives of other 
people safer and more convenient.
    This program is a continuation of his legacy. While much of the 
seasoned transportation work force is retiring, the demand for both 
traditional and new skills is expanding. The Nation's need for 
technologically literate transportation workers continues to grow. The 
Garrett A. Morgan Technology and Transportation Futures Program bridges 
this divide by working towards these three goals:

          To build a bridge between America's youth and the 
        transportation community;

          To support the development of improved educational 
        technology that provides better ways for people to acquire new 
        skills; and

          To ensure that America's transportation work force 
        for the 21st century is technologically literate and 
        internationally competitive.

    Unfortunately, the Program exists on too few funds. However, this 
amendment sets the authorization level at $500,000 in FY05 and such 
sums for the duration of the bill.
    I would also like to personally thank Representative Neugebauer for 
maintaining language in his amendment that directs the Program to 
emphasize participation of women and minorities, who have been 
significantly under-represented in the past. For these reasons, I 
support this amendment and as that my colleagues do the same.

    Chairman Boehlert. Thank you. Dr. Ehlers.
    Mr. Ehlers. Reclaiming my time. I do not see anyone else--
--
    Chairman Boehlert. Ms. Jackson Lee----
    Mr. Ehlers. I am sorry.
    Chairman Boehlert.--wants a brief intervention.
    Mr. Ehlers. I am pleased to yield two minutes to Ms. 
Jackson Lee.
    Ms. Jackson Lee. Dr. Ehlers, thank you very much.
    Our Committee has spent its time, through several 
Chairpersons, including you, Mr. Chairperson and Dr. Ehlers, 
opening up opportunities to minorities and others. And I want 
to associate myself with the support of Mr. Neugebauer's 
amendment dealing with Garrett A. Morgan Technology and 
Transportation Education Program and finding the monies in this 
very tight budget era that we are in and particularly applaud 
the fact that we are joining in a bipartisan way to support 
Secretary Rodney Slater's initiative, along with the Clinton 
Administration, to ensure that this program goes forward. So I 
know that our young people will benefit from a program of this 
great excellence, and I yield back. Thank you.
    Chairman Boehlert. Thank you. If there is no further 
discussion, the vote occurs on the amendment. All in favor, say 
aye. Those opposed, say no. The ayes have it, and the amendment 
is agreed to.
    Are there any further amendments? Hearing none, the 
question is on the amendment in the nature of a substitute as 
amended. All in favor, say aye. Opposed, no. The ayes have it. 
And the amendment in the nature of a substitute, as amended, is 
agreed to.
    The question is now on the bill H.R. 3551, the Surface 
Transportation Research Act, as amended. All of those in favor, 
say aye. Opposed, no. In the opinion of the Chair, the ayes 
have it.
    I will now recognize Mr. Gordon for a motion.
    Mr. Gordon. Mr. Chairman, I move the Committee favorably 
report H.R. 3551, as amended, to the House with the 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes, 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration.
    Chairman Boehlert. The question is on the motion to report 
the bill favorably. Those in favor will say aye. Opposed, no. 
The Clerk--the ayes appear to have it, and the resolution is 
favorably reported.
    Without objection, the motion to reconsider is laid on the 
table. I move that Members have two subsequent calendar days in 
which to submit supplemental, minority, or additional views on 
the measure. I move pursuant to Clause 1 of Rule 22 of the 
Rules of the House of Representatives that the Committee 
authorize the Chairman to offer such motions as may be 
necessary in the House to adopt and pass H.R. 3551, as amended, 
and to go to conference with the Senate on H.R. 3551, or a 
similar Senate bill. Without objection, so ordered.
    This concludes our committee markup, and I thank my 
colleagues for their enthusiastic participation. We are now 
adjourned.
    [Whereupon, at 1:33 p.m., the Committee was adjourned.]


                               Appendix:

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                      Amendment Roster, Amendments