The National Academies Testimony before Congress

Public Laws Containing Studies for the National Academies

Briefings to Congress

Congressionally Mandated Reports

Policy Statements and Historical Documents

The OCGA staff

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to The National Academies and studies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR3 Young, D. (R.-Alaska) 7/29/05
Enrolled (finally passed both houses)

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
-- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

######

SEC. 1113. SURFACE TRANSPORTATION PROGRAM.

(a) Program Eligibility.—Section 133(b) of title 23, United States Code, is amended—

(1) in paragraph (6) by inserting “, including advanced truck stop electrification systems” before the period at the end; and

(2) by inserting after paragraph (11) the following:

“(12) Projects relating to intersections that—

“(A) have disproportionately high accident rates;

“(B) have high levels of congestion, as evidenced by—

“(i) interrupted traffic flow at the intersection; and

“(ii) a level of service rating that is not better than ‘F’ during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and

“(C) are located on a Federal-aid highway.”.

(b) Repeal of Safety Programs Set-aside.—

(1) REPEAL.—Section 133(d)(1) of such title is repealed.

(2) TECHNICAL AMENDMENTS.—Section 133(d) of such title is amended—

(A) in the first sentence of paragraph (3)(A)—

(i) by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”; and

(ii) by striking “80 percent” and inserting “90 percent”;

(B) in paragraph (3)(B) by striking “tobe” and inserting “to be”; and

(C) in paragraph (3)—

(i) by striking subparagraph (C);

(ii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and

(iii) in subparagraph (C) (as redesignated by clause (ii)) by adding a period at the end.

(3) EFFECTIVE DATE.—Paragraph (1) and paragraph (2)(A)(ii) of this subsection shall take effect October 1, 2005.

(c) Transportation Enhancement Activities.—Effective October 1, 2005, section 133(d)(2) of such title is amended by striking “10 percent” and all that follows through “section 104(b)(3) for a fiscal year” and inserting the following: “In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005,”.

(d) Obligation Authority.—Section 133(f)(1) of such title is amended—

(1) by striking “1998 through 2000” and inserting “2004 through 2006”; and

(2) by striking “2001 through 2003” and inserting “2007 through 2009”.

(e) Technical Correction.—Effective June 9, 1998, section 1108(e) of the Transportation Equity Act for the 21st Century (112 Stat. 140) is amended by striking “Section 133” and inserting “Section 133(f)”.

######

SEC. 1408. IMPROVEMENT OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL HIGHWAY SYSTEM.

(a) Update of Implementation Guidance.—The Secretary, in cooperation with the American Association of State Highway and Transportation Officials, shall update as appropriate the August 28, 1998, Federal Highway Administration Policy on Implementation of the report of the Transportation Research Board of the National Research Council entitled “NCHRP Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features”.

(b) Guidance.—The Secretary, in cooperation with the Association, shall publish updated guidance regarding the conditions under which States, when choosing to improve or replace highway features on the National Highway System, should improve or replace such features with highway features that have been tested, evaluated, and found to be acceptable under the guidelines of the report referred to in subsection (a).

(c) Matters To Be Considered.—Guidance published in accordance with subsection (a)—

(1) shall address those highway features that are covered by the guidelines in the report referred to in subsection (b); and

(2) shall consider types of highway features, cost-effectiveness, and practicality of replacement with highway features that have been found to be acceptable under the report guidelines to determine conditions when such features should be used.

######

SEC. 1909. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

######

(b) National Surface Transportation Policy and Revenue Study Commission.—

(1) ESTABLISHMENT.—There is established a commission to be known as the “National Surface Transportation Policy and Revenue Study Commission” (in this subsection referred to as the “Commission”).

(2) MEMBERSHIP.—

(A) COMPOSITION.—The Commission shall be composed of 12 members, of whom—

(i) 1 member shall be the Secretary, who shall serve as Chairperson;

(ii) 3 members shall be appointed by the President;

(iii) 2 members shall be appointed by the Speaker of the House of Representatives;

(iv) 2 members shall be appointed by the minority leader of the House of Representatives;

(v) 2 members shall be appointed by the majority leader of the Senate; and

(vi) 2 members shall be appointed by the minority leader of the Senate.

(B) QUALIFICATIONS.—Members appointed under subparagraph (A)—

(i) shall include—

(I) individuals representing State and local governments, metropolitan planning organizations, transportation-related industries, and public interest organizations involved with scientific, regulatory, economic, and environmental activities relating to transportation;

(II) individuals with a background in public finance, including experience in developing State and local revenue resources;

(III) individuals involved in surface transportation program administration;

(IV) individuals that have conducted academic research into related issues; and

(V) individuals that provide unique perspectives on current and future requirements for revenue sources to support the Highway Trust Fund and policies impacting those revenues; and

(ii) shall be balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission.

(C) DATE OF APPOINTMENTS.—The appointment of a member of the Commission shall be made not later than 120 days after the date of establishment of the Commission.

(D) TERMS.—A member shall be appointed for the life of the Commission.

(E) VACANCIES.—A vacancy on the Commission—

(i) shall not affect the powers of the Commission; and

(ii) shall be filled in the same manner as the original appointment was made.

(F) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

(G) MEETINGS.—The Commission shall meet at the call of the Chairperson.

(H) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(I) VICE CHAIRPERSON.—The Commission shall select a Vice Chairperson from among the appointed members of the Commission.

(3) DUTIES.—

(A) IN GENERAL.—The Commission shall—

(i) conduct a comprehensive study of—

(I) the current condition and future needs of the surface transportation system;

(II) short-term sources of Highway Trust Fund revenues;

(III) long-term alternatives to replace or supplement the fuel tax as the principal revenue source to support the Highway Trust Fund, including new or alternate sources of revenue;

(IV) revenue sources to fund the needs of the surface transportation system over at least the 30-year period beginning on the date of enactment of this Act, including new or alternate sources of revenue;

(V) revenues flowing into the Highway Trust Fund under laws in existence on the date of enactment of this Act, including individual components of the overall flow of the revenues; and

(VI) whether the amount of revenues described in subclause (V) is likely to increase, decrease, or remain constant absent any change in law, taking into consideration the impact of possible changes in public vehicular choice, fuel use, and travel alternatives that could be expected to reduce or increase revenues into the Highway Trust Fund;

(B) develop a conceptual plan, with alternative approaches, to ensure that the surface transportation system will continue to serve the needs of the United States, including specific recommendations regarding design and operational standards, Federal policies, and legislative changes;

(C) consult with the Secretary of the Treasury in conducting the study to ensure that the views of the Secretary concerning essential attributes of Highway Trust Fund revenue alternatives are considered;

(D) consult with representatives of State departments of transportation and metropolitan planning organizations and other key interested stakeholders in conducting the study to ensure that—

(i) the views of the stakeholders on alternative revenue sources to support State transportation improvement programs are considered; and

(ii) any recommended Federal financing strategy takes into account State financial requirements; and

(E) based on the study, make specific recommendations regarding—

(i) actions that should be taken to develop alternative revenue sources to support the Highway Trust Fund; and

(ii) the time frame for taking those actions.

(4) RELATED WORK.—To the maximum extent practicable, the study shall build on related work that has been completed by—

(A) the Secretary;

(B) the Secretary of Energy;

(C) the Transportation Research Board, including the findings, conclusions, and recommendations of the recent study conducted by the Transportation Research Board on alternatives to the fuel tax to support highway program financing; and

(D) other entities and persons.

(5) SURFACE TRANSPORTATION NEEDS.—With respect to surface transportation needs, the investigation and study shall specifically address—

(A) the current condition and performance of the Interstate System (including the physical condition of bridges and pavements and operational characteristics and performance), relying primarily on existing data sources;

(B) the future of the Interstate System, based on a range of legislative and policy approaches for 15-, 30-, and 50-year time periods;

(C) the expected demographics and business uses that impact the surface transportation system;

(D) the expected use of the surface transportation system, including the effects of changing vehicle types, modes of transportation, fleet size and weights, and traffic volumes;

(E) desirable design policies and standards for future improvements of the surface transportation system, including additional access points;

(F) the identification of urban, rural, national, and interregional needs for the surface transportation system;

(G) the potential for expansion, upgrades, or other changes to the surface transportation system, including—

(i) deployment of advanced materials and intelligent technologies;

(ii) critical multistate, urban, and rural corridors needing capacity, safety, and operational enhancements;

(iii) improvements to intermodal linkages;

(iv) security and military deployment enhancements;

(v) strategies to enhance asset preservation; and

(vi) implementation strategies;

(H) the improvement of emergency preparedness and evacuation using the surface transportation system, including—

(i) examination of the potential use of all modes of the surface transportation system in the safe and efficient evacuation of citizens during times of emergency;

(ii) identification of the location of critical bottlenecks; and

(iii) development of strategies to improve system redundancy, especially in areas with a high potential for terrorist attacks;

(I) alternatives for addressing environmental concerns associated with the future development of the surface transportation system;

(J) the assessment of the current and future capabilities for conducting system-wide real-time performance data collection and analysis, traffic monitoring, and transportation systems operations and management; and

(K) policy and legislative alternatives for addressing future needs for the surface transportation system.

(6) FINANCING.—With respect to financing, the study shall address specifically—

(A) the advantages and disadvantages of alternative revenue sources to meet anticipated Federal surface transportation financial requirements;

(B) recommendations concerning the most promising revenue sources to support long-term Federal surface transportation financing requirements;

(C) development of a broad transition strategy to move from the current tax base to new funding mechanisms, including the time frame for various components of the transition strategy;

(D) recommendations for additional research that may be needed to implement recommended alternatives; and

(E) the extent to which revenues should reflect the relative use of the highway system.

(7) FINANCING RECOMMENDATIONS.—

(A) FACTORS FOR CONSIDERATION.—In developing financing recommendations under this subsection, the Commission shall consider—

(i) the ability to generate sufficient revenues from all modes to meet anticipated long-term surface transportation financing needs;

(ii) the roles of the various levels of government and the private sector in meeting future surface transportation financing needs;

(iii) administrative costs (including enforcement costs) to implement each option;

(iv) the expected increase in nontaxed fuels and the impact of taxing those fuels;

(v) the likely technological advances that could ease implementation of each option;

(vi) the equity and economic efficiency of each option;

(vii) the flexibility of different options to allow various pricing alternatives to be implemented; and

(viii) potential compatibility issues with State and local tax mechanisms under each alternative.

(B) NEED AND REVENUE ANALYSIS.—In developing financing recommendations under this subsection, the Commission shall distinguish between—

(i) the needs of, and revenues for, the surface transportation system that are eligible to receive funds from the Highway Trust Fund; and

(ii) the needs for projects and programs that are not eligible to receive funds from the Highway Trust Fund.

(8) TECHNICAL ADVISORY COMMITTEE.—The Secretary shall establish a technical advisory committee, in a manner consistent with the Federal Advisory Committee Act (5 U.S.C. App.), to collect and evaluate technical input from—

(A) appropriate Federal, State, and local officials with responsibility for transportation;

(B) appropriate State and local elected officials;

(C) transportation and trade associations;

(D) emergency management officials;

(E) freight providers;

(F) the general public; and

(G) other entities and persons determined to be appropriate by the Secretary to ensure a diverse range of views.

(9) REPORT AND RECOMMENDATIONS.—Not later than July 1, 2007, the Commission shall submit to Congress—

(A) a final report that contains a detailed statement of the findings and conclusions of the Commission; and

(B) the recommendations of the Commission for such legislation and administrative actions as the Commission considers to be appropriate.

(10) POWERS OF THE COMMISSION.—

(A) HEARINGS.—The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.

(B) INFORMATION FROM FEDERAL AGENCIES.—

(i) IN GENERAL.—The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section.

(ii) PROVISION OF INFORMATION.—On request of the Chairperson of the Commission, the head of a Federal agency shall provide the requested information to the Commission.

(C) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(D) DONATIONS.—The Commission may accept, use, and dispose of donations of services or property.

(11) COMMISSION PERSONNEL MATTERS.—

(A) MEMBERS.—A member of the Commission shall serve without pay but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(B) CONTRACTORS.—The Commission may enter into agreements with appropriate organizations, agencies, and entities to conduct the study required under this section, under the strategic guidance of the Commission.

(C) ADMINISTRATIVE SUPPORT.—On the request of the Commission, the Administrator of the Federal Highway Administration shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out the duties of the Commission under this section.

(D) DETAIL OF PERSONNEL.—

(i) IN GENERAL.—On the request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Department to the Commission to assist the Commission in carrying out the duties of the Commission under this section.

(ii) CIVIL SERVICE STATUS.—The detail of the employee shall be without interruption or loss of civil service status or privilege.

(12) COOPERATION.—The staff of the Secretary shall cooperate with the Commission in the study required under this section, including providing such nonconfidential data and information as are necessary to conduct the study.

(13) RELATIONSHIP TO OTHER LAW.—

(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

(B) FEDERAL SHARE.—The Federal share of the cost of the study and the Commission under this section shall be 100 percent.

(C) AVAILABILITY.—Funds made available to carry out this section shall remain available until expended.

(14) DEFINITION OF SURFACE TRANSPORTATION SYSTEM.—In this subsection, the term “surface transportation system” includes—

(A) the National Highway System, as defined in section 103(b) of title 23, United States Code;

(B) congressional high priority corridors;

(C) intermodal connectors;

(D) intermodal freight facilities;

(E) public transportation infrastructure and facilities; and

(F) freight and intercity passenger bus and rail infrastructure and facilities.

(15) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,400,000 for each of fiscal years 2006 and 2007.

(16) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended, and the Federal share of the cost of a project under this section shall be as provided in this section.

(17) TERMINATION.—

(A) IN GENERAL.—The Commission shall terminate on the date that is 180 days after the date on which the Commission submits the report of the Commission under paragraph (9).

(B) RECORDS.—Not later than the date of termination of the Commission under subparagraph (A), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.

######

SEC. 2003. HIGHWAY SAFETY RESEARCH AND OUTREACH PROGRAMS.

(a) Revised Authority and Requirements.—Section 403(a) of title 23, United States Code, is amended to read as follows:

“(a) Authority of the Secretary.—The Secretary is authorized to use funds appropriated to carry out this section to—

“(1) conduct research on all phases of highway safety and traffic conditions, including accident causation, highway or driver characteristics, communications, and emergency care;

“(2) conduct ongoing research into driver behavior and its effect on traffic safety;

“(3) conduct research on, launch initiatives to counter, and conduct demonstration projects on fatigued driving by drivers of motor vehicles and distracted driving in such vehicles, including the effect that the use of electronic devices and other factors deemed relevant by the Secretary have on driving;

“(4) conduct training or education programs in cooperation with other Federal departments and agencies, States, private sector persons, highway safety personnel, and law enforcement personnel;

“(5) conduct research on, and evaluate the effectiveness of, traffic safety countermeasures, including seat belts and impaired driving initiatives;

“(6) conduct research on, evaluate, and develop best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems;

“(7) conduct research, training, and education programs related to older drivers;

“(8) conduct demonstration projects; and

“(9) conduct research, training, and programs relating to motorcycle safety, including impaired driving.”

(b) International Cooperation.—Section 403 of such title is amended by adding at the end the following:

“(g) International Cooperation.—The Administrator of the National Highway Traffic Safety Administration may participate and cooperate in international activities to enhance highway safety.”.

(c) On-Scene Motor Vehicle Collision Causation.—

(1) STUDY.—The Secretary shall conduct under section 403 of title 23, United States Code, a nationally representative study to collect on-scene motor vehicle collision data and to determine crash causation. The Secretary shall enter into a contract with the National Academy of Sciences to conduct a review of the research, design, methodology, and implementation of the study.

(2) CONSULTATION.—The study under this subsection may be conducted in consultation with other Federal departments and agencies with relevant expertise.

(3) FINAL REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report on the results of the study conducted under this subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

######

SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

(a) In General.—Amounts appropriated pursuant to section 5338(d) of title 49, United States Code, for national research and technology programs under sections 5312, 5314, and 5322 of such title shall be allocated by the Secretary as follows:

(1) PUBLIC TRANSPORTATION NATIONAL SECURITY STUDY.—

(A) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study and evaluation of the value major public transportation systems in the United States serving the 38 urbanized areas that have a population of more than 1,000,000 individuals provide to the Nation’s security and the ability of such systems to accommodate the evacuation, egress or ingress of people to or from critical locations in times of emergency.

(B) ALTERNATIVE ROUTES.—For each system described in subparagraph (A) the study shall identify—

(i) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and

(ii) transit routes that, if disrupted, do not have sufficient transit alternatives available.

(C) REPORT.—Not later than 24 months after the date of entry into the agreement, the Academy shall submit to the Secretary and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate a final report on the results of the study and evaluation, together with such recommendations as the Academy considers appropriate.

(D) FUNDING.—For each of fiscal year 2006 and 2007 $250,000 shall be available to carry out this paragraph.

######

“CHAPTER 5—RESEARCH, TECHNOLOGY, AND EDUCATION”.

(b) Statement of Principles Governing Research and Technology Investments.—Section 502 of such title is amended—

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

(2) by inserting before subsection (b) (as so redesignated) the following:

“(a) Basic Principles Governing Research and Technology Investments.—

“(1) COVERAGE.—Surface transportation research and technology 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.—Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work—

“(A) is of national significance;

“(B) supports research in which there is a clear public benefit and private sector investment is less than optimal;

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

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

“(3) ROLE.—Consistent with these Federal responsibilities, the Secretary shall—

“(A) conduct research;

“(B) support and facilitate research and technology transfer activities by State highway agencies;

“(C) share results of completed research; and

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

“(4) PROGRAM CONTENT.—A surface transportation research program shall include—

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

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

“(C) research related to policy and planning.

“(5) STAKEHOLDER INPUT.—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.

“(6) COMPETITION AND PEER REVIEW.—Except as otherwise provided in this chapter, the Secretary shall award, to the maximum extent practicable, all grants, contracts, and cooperative agreements for research and development under this chapter based on open competition and peer review of proposals.

“(7) 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.

“(8) TECHNOLOGICAL INNOVATION.—The programs and activities carried out under this section shall be consistent with the surface transportation research and technology development strategic plan developed under section 508.”.

(c) Procurement for Research, Development, and Technology Transfer Activities.—Section 502(b)(3) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:

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

“(A) independently;

“(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or

“(C) by making grants to, or entering into contracts and cooperative agreements with one or more of the following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or any other person.”.

(d) Transportation Pooled Fund Program.—Section 502(b) of such title (as redesignated by subsection (b) of this section) is amended by adding at the end the following:

“(6) POOLED FUNDING.—

“(A) COOPERATION.—To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis.

“(B) SECRETARY AS AGENT.—The Secretary may enter into contracts, cooperative agreements, and grants as the agent for all participating parties in carrying out such research, development, or technology transfer activities.”.

(e) Operations Elements in Research Activities.—Section 502 of such title is further amended—

(1) in subsection (b)(1)(B) (as redesignated by subsection (b) of this section) by inserting “transportation system management and operations,” after “operation,”;

(2) in subsection (d)(5)(C) (as redesignated by subsection (b) of this section) by inserting “system management and” after “transportation”; and

(3) by inserting at the end of subsection (d) (as redesignated by subsection (b) of this section) the following:

“(12) Investigation and development of various operational methodologies to reduce the occurrence and impact of recurrent congestion and nonrecurrent congestion and increase transportation system reliability.

“(13) Investigation of processes, procedures, and technologies to secure container and hazardous material transport, including the evaluation of regulations and the impact of good security practices on commerce and productivity.

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

(f) Facilitating Transportation Research and Technology Deployment Partnerships.—Section 502(c)(2) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:

“(2) COOPERATION, GRANTS, CONTRACTS, AND AGREEMENTS.—Notwithstanding any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, and their agents to conduct joint transportation research and technology efforts.”.

(g) Exploratory Advanced Research Program.—Section 502(e) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:

“(e) Exploratory Advanced Research.—

“(1) IN GENERAL.—The Secretary shall establish an exploratory advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508 that addresses longer-term, higher-risk research with potentially dramatic breakthroughs for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) aspects of highway and intermodal transportation systems. In carrying out the program, the Secretary shall strive to develop partnerships with public and private sector entities.

“(2) RESEARCH AREAS.—In carrying out the program, the Secretary may make grants and enter into cooperative agreements and contracts in such areas of surface transportation research and technology as the Secretary determines appropriate, including the following:

“(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes.

“(B) Assessment of the effects of transportation decisions on human health.

“(C) Development of surrogate measures of safety.

“(D) Environmental research.

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

“(F) System performance data and information processing needed to assess the day-to-day operational performance of the system in support of hour-to-hour operational decisionmaking.”.

(h) Funding.—Of the amounts made available by section 5101(a) of this Act, $14,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(e) of such title.

(i) Long-Term Pavement Performance Program.—

(1) IN GENERAL.—Section 502(f) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:

“(f) Long-Term Pavement Performance Program.—

“(1) AUTHORITY.—The Secretary shall continue to carry out, through September 30, 2009, tests, monitoring, and data analysis under the long-term pavement performance program.

“(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—Under the program, the Secretary shall make grants and enter into cooperative agreements and contracts to—

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

“(B) analyze the data obtained under subparagraph (A); and

“(C) prepare products to fulfill program objectives and meet future pavement technology needs.”.

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, $10,120,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(f) of such title.

(j) Seismic Research.—

(1) IN GENERAL.—Section 502(g) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:

“(g) Seismic Research.—The Secretary shall—

“(1) in consultation and cooperation with Federal agencies participating in the National Earthquake Hazards Reduction Program established by section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704), coordinate the conduct of seismic research;

“(2) take such actions as are necessary to ensure that the coordination of the research is consistent with—

“(A) planning and coordination activities of the National Institute of Standards and Technology under section 5(b)(1) of that Act (42 U.S.C. 7704(b)(1)); and

“(B) the plan developed by the Director of the National Institute of Standards and Technology under section 8(b) of that Act (42 U.S.C. 7705b(b)); and

“(3) in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno, and the National Center for Earthquake Engineering Research at the University of Buffalo, carry out a seismic research program—

“(A) to study the vulnerability of the Federal-aid system and other surface transportation systems to seismic activity;

“(B) to develop and implement cost-effective methods to reduce the vulnerability; and

“(C) to conduct seismic research and upgrade earthquake simulation facilities as necessary to carry out the program.”.

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, $2,500,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(g) of such title.

(k) Infrastructure Investment Needs Report.—Section 502 of such title is further amended by adding at the end the following:

“(h) Infrastructure Investment Needs Report.—

“(1) IN GENERAL.—Not later than July 31, 2006, and July 31 of every second year 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 that describes—

“(A) estimates of the future highway, transit, and bridge needs of the United States; and

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

“(2) COMPARISON WITH PRIOR REPORTS.—Each report under paragraph (1) shall provide the means, including all necessary information, to relate and compare the conditions and service measures used in the previous biennial reports.”.

(l) Turner-Fairbank Highway Research Center.—Section 502 of such title is further amended by adding at the end the following:

“(i) Turner-Fairbank Highway Research Center.—

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

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

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

“(B) the 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) the development of innovative highway products and practices.”.

(m) Biobased Transportation Research.—Of the amounts made available by section 5101(a)(1) of this Act, $12,500,000 for each of fiscal years 2006 through 2009, equally divided and available, shall be available to carry out biobased research of national importance at the National Biodiesel Board and at research centers identified in section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109).

######

SEC. 5207. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM.

(a) In General.—Section 507 of title 23, United States Code, is amended to read as follows:

Ҥ 507. Surface transportation-environmental cooperative research program

“(a) In General.—The Secretary shall establish and carry out a surface transportation-environmental cooperative research program.

“(b) Contents.—The program carried out under this section may include research—

“(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;

“(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate analysis of potential alternatives;

“(4) to meet additional priorities as determined by the Secretary in the strategic planning process under section 508; and

“(5) to refine, through the conduct of workshops, symposia, and panels, and in consultation with stakeholders (including the Department of Energy, the Environmental Protection Agency, and other appropriate Federal and State agencies and associations) the scope and research emphases of the program.

“(c) Program Administration.—The Secretary shall—

“(1) administer the program established under this section; and

“(2) ensure, to the maximum extent practicable, that—

“(A) the best projects and researchers are selected to conduct research in the priority areas described in subsection (b)—

“(i) on the basis of merit of each submitted proposal; and

“(ii) through the use of open solicitations and selection by a panel of appropriate experts;

“(B) a qualified, permanent core staff with the ability and expertise to manage a large multiyear budget is used;

“(C) the stakeholders are involved in the governance of the program, at the executive, overall program, and technical levels, through the use of expert panels and committees; and

“(D) there is no duplication of research effort between the program established under this section and the new strategic highway research program established under section 510.

“(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 subsections (b) and (c) as the Secretary determines to be appropriate.”.

(b) Funding.—Of the amounts made available by section 5101(a)(1) of this Act, $16,875,000 for each of fiscal years 2006 through 2009 shall be available to carry out section 507 of such title.

(c) Conforming Amendment.—The analysis for chapter 5 of such title is amended by striking the item relating to section 507 and inserting the following:

“507. Surface transportation environment and planning cooperative research program.”.

######

SEC. 5208. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

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

Ҥ 508. Transportation research and development strategic planning

“(a) In General.—

“(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the SAFETEA-LU, 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 nonprofit 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 appropriate committees of Congress an annual report, in conjunction with the President’s annual budget request as set forth in section 1105 of title 31, 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 this section;

“(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 such title is amended by striking the item relating to section 508 and inserting the following:

“508. Transportation research and development strategic planning.”.

######

SEC. 5209. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH PROGRAM.

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

Ҥ 509. National cooperative freight transportation research program

“(a) Establishment.—The Secretary shall establish and support a national cooperative freight transportation research program.

“(b) Agreement.—The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities relating to the governance of the national cooperative freight transportation research program.

“(c) Advisory Committee.—The National Academy of Sciences 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, nonprofit entities, academia, and the private sector.

“(d) Governance.—The national cooperative freight transportation research program established under this section shall include the following administrative and management elements:

“(1) NATIONAL RESEARCH AGENDA.—The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. The agenda shall include a multiyear strategic plan.

“(2) INVOLVEMENT.—Interested parties may—

“(A) submit research proposals to the advisory committee;

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

“(C) receive research results.

“(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis.

“(4) EVALUATION OF RESEARCH.—

“(A) PEER REVIEW.—Research contracts and grants under the program may allow peer review of the research results.

“(B) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of research contracts and grants.

“(5) DISSEMINATION OF RESEARCH FINDINGS.—The National Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, the World Wide Web, publications for the general public, and other appropriate means.

“(e) Contents.—The national research agenda required under subsection (d)(1) shall include research 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 and rail traffic to congestion on specific highway segments.

“(3) The feasibility 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) The effect of changing patterns of freight movement on transportation planning decisions relating to rest areas.

“(9) Other research areas to identify and address emerging and future research needs related to freight transportation by all modes.

“(f) Funding.—

“(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this section shall be up to 100 percent.

“(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds authorized for this section, the National Academy of Sciences may seek and accept additional funding sources from public and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector.

“(3) PERIOD OF AVAILABILITY.—Amounts made available to carry out this section shall remain available until expended.”.

(b) Funding.—Of the amounts made available by section 5101(a)(1) of this Act, $3,750,000 for each of fiscal years 2006 through 2009 shall be available to carry out section 509 of such title.

(c) Conforming Amendment.—The analysis for such chapter is further amended by adding at the end the following:

“509. National cooperative freight transportation research program.”.

######

SEC. 5210. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

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

Ҥ 510. Future strategic highway research program

“(a) Establishment.—The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program.

“(b) Cooperative Agreements.—The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Secretary determines are appropriate.

“(c) Program Priorities.—

“(1) PROGRAM ELEMENTS.—The program established under this section shall be based on the National Research Council Special Report 260, entitled ‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life’ and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20-58. The research program shall include an analysis of the following:

“(A) Renewal of aging highway infrastructure with minimal impact to users of the facilities.

“(B) Driving behavior and likely crash causal factors to support improved countermeasures.

“(C) Reducing highway congestion due to nonrecurring congestion.

“(D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs.

“(2) DISSEMINATION OF RESULTS.—The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable.

“(d) Program Administration.—In carrying out the program under this section, the National Research Council shall ensure, to the maximum extent practicable, that—

“(1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts;

“(2) State department of transportation officials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees;

“(3) the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and

“(4) there is no duplication of research effort between the program and any other research effort of the Department.

“(e) Report on Implementation of Results.—

“(1) REPORT.—The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation of the results of the future strategic highway research program.

“(2) COMPONENTS.—The report under paragraph (1) shall include with respect to the program—

“(A) an identification of the most promising results of research under the program (including the persons most likely to use the results);

“(B) a discussion of potential incentives for, impediments to, and methods of, implementing those results;

“(C) an estimate of costs of implementation of those results; and

“(D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best suited to carry out those recommendations.

“(3) CONSULTATION.—In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including—

“(A) the Federal Highway Administration;

“(B) the National Highway Traffic Safety Administration; and

“(C) the American Association of State Highway and Transportation Officials.