CHAPTER 5 - RESEARCH, TECHNOLOGY, AND EDUCATION

Title 23 > CHAPTER 5

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§ 501 Definitions

In this chapter, the following definitions apply: The term “Federal laboratory” includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory. The term “incident” means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. The term “innovation lifecycle” means the process of innovating through— the identification of a need; the establishment of the scope of research to address that need; setting an agenda; carrying out research, development, deployment, and testing of the resulting technology or innovation; and carrying out an evaluation of the costs and benefits of the resulting technology or innovation. The term “intelligent transportation infrastructure” means fully integrated public sector intelligent transportation system components, as defined by the Secretary. The terms “intelligent transportation system” and “ITS” mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. For purposes of this chapter, the term “national architecture” means the common framework for interoperability that defines— the functions associated with intelligent transportation system user services; the physical entities or subsystems within which the functions reside; the data interfaces and information flows between physical subsystems; and the communications requirements associated with the information flows. The term “project” means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter. The term “safety” includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured. The term “standard” means a document that— 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 the intended purposes of the materials, products, processes, and services; and may support the national architecture and promote— the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and interoperability among intelligent transportation system technologies implemented throughout the States. (Added Pub. L. 105–178, title V, § 5101(2) , June 9, 1998 , 112 Stat. 422 ; amended Pub. L. 112–141, div. E, title II, § 52001 , July 6, 2012 , 126 Stat. 865 .)

§ 502 Surface transportation research, development, and technology

(a) Basic Principles Governing Research and Technology Investments.— The research, development, and technology provisions of this section shall apply throughout this chapter. Surface transportation research and technology development shall include all activities within the innovation lifecycle 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, communications, impact analysis, and technical support. Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work— is of national significance; delivers a clear public benefit and occurs where private sector investment is less than optimal; supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; meets and addresses current or emerging needs; addresses current gaps in research; presents the best means to align resources with multiyear plans and priorities; ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers; educates transportation professionals; or presents the best means to support Federal policy goals compared to other policy alternatives. Consistent with these Federal responsibilities, the Secretary shall— conduct research; partner with State highway agencies and other stakeholders as appropriate to facilitate research and technology transfer activities; communicate the results of ongoing and completed research; lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment; leverage partnerships with industry, academia, international entities, and State departments of transportation; lead efforts to reduce unnecessary duplication of effort; and lead efforts to accelerate innovation delivery. A surface transportation research program shall include— fundamental, long-term highway research; research aimed at significant highway research gaps and emerging issues with national implications; and research related to all highway objectives seeking to improve the performance of the transportation system. Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, tribal governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups. 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. 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. To the maximum extent practicable, each program pursued under this chapter shall be part of a data-driven, outcome-oriented program plan. All evaluations under this paragraph shall be made readily available to the public. The programs and activities carried out under this section shall be consistent with the transportation research and development strategic plan under section 6503 of title 49 .

(b) General Authority.— The Secretary may carry out research, development, and technology transfer activities with respect to— motor carrier transportation; all phases of transportation planning and development (including construction, operation, transportation system management and operations, modernization, development, design, maintenance, safety, financing, and traffic conditions); and the effect of State laws on the activities described in subparagraphs (A) and (B). The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process. The Secretary may carry out research, development, and technology transfer activities related to transportation— independently; in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or 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. The programs and activities carried out under this section shall be consistent with the transportation research and development strategic plan under section 6503 of title 49 . In addition to other funds made available to carry out this chapter, the Secretary shall use such funds as may be deposited by any cooperating organization or person in a special account of the Treasury established for this purpose. The Secretary shall use funds made available to carry out this chapter to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs under this chapter. 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. 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. The Secretary may, at the request of a State, transfer amounts apportioned or allocated to that State under this chapter to another State or the Federal Highway Administration to fund research, development, and technology transfer activities of mutual interest on a pooled funds basis. Obligation authority for amounts transferred under this subsection shall be disbursed in the same manner and for the same amount as provided for the project being transferred. The Secretary may use up to 1 percent of the funds made available under section 51001 of the Transportation Research and Innovative Technology Act of 2012 to carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research and technology development that has the potential for application to the national transportation system. In selecting topics for prize competitions under this paragraph, the Secretary shall— consult with a wide variety of governmental and nongovernmental representatives; and give consideration to prize goals that demonstrate innovative approaches and strategies to improve the safety, efficiency, and sustainability of the national transportation system. The Secretary shall encourage participation in the prize competitions through advertising efforts. For each prize competition, the Secretary shall publish a notice on a public website that describes— the subject of the competition; the eligibility rules for participation in the competition; the amount of the prize; and the basis on which a winner will be selected. An individual or entity may not receive a prize under this paragraph unless the individual or entity— has registered to participate in the competition pursuant to any rules promulgated by the Secretary under this section; has complied with all requirements under this paragraph; in the case of a private entity, is incorporated in, and maintains a primary place of business in, the United States; or in the case of an individual, whether participating singly or in a group, is a citizen or permanent resident of the United States; is not a Federal entity or Federal employee acting within the scope of his or her employment; and has not received a grant to perform research on the same issue for which the prize is awarded. A registered participant shall agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. In this subparagraph, the term “related entity” means a contractor, subcontractor (at any tier), supplier, user, customer, cooperating party, grantee, investigator, or detailee. A participant shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by— a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and the Federal Government for damage or loss to Government property resulting from such an activity. Subject to clause (iii), for each prize competition, the Secretary, either directly or through an agreement under subparagraph (H), may appoint 1 or more qualified judges to select the winner or winners of the prize competition on the basis of the criteria described in subparagraph (D). Judges for each competition shall include individuals from outside the Federal Government, including the private sector. A judge selected under this subparagraph may not— have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in a prize competition under this paragraph; or have a familial or financial relationship with an individual who is a registered participant. The Secretary may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this paragraph. A cash prize under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector. The Secretary may accept funds from other Federal agencies, State and local governments, and metropolitan planning organizations for a cash prize under this paragraph. The Secretary may not give any special consideration to any private sector entity in return for a donation under this subparagraph. Notwithstanding any other provision of law, amounts appropriated for prize awards under this paragraph— shall remain available until expended; and may not be transferred, reprogrammed, or expended for other purposes until after the expiration of the 10-year period beginning on the last day of the fiscal year for which the funds were originally appropriated. Nothing in this subparagraph may be construed to permit the obligation or payment of funds in violation of the Anti-Deficiency Act ( 31 U.S.C. 1341 ). A prize may not be announced under this paragraph until all the funds needed to pay out the announced amount of the prize have been appropriated by a governmental source or committed to in writing by a private source. The Secretary may increase the amount of a prize after the initial announcement of the prize under this paragraph if— notice of the increase is provided in the same manner as the initial notice of the prize; and the funds needed to pay out the announced amount of the increase have been appropriated by a governmental source or committed to in writing by a private source. A prize competition under this paragraph may offer a prize in an amount greater than $1,000,000onlyafter30dayshaveelapsedafterwrittennoticehasbeentransmittedtotheCommitteeonCommerce,Science,andTransportationoftheSenateandtheCommitteesonTransportationandInfrastructureandScience,Space,andTechnologyoftheHouseofRepresentatives.Aprizecompetitionunderthissectionmaynotresultintheawardofmorethan$25,000 in cash prizes without the approval of the Secretary. The Federal Government shall not, by virtue of offering or providing a prize under this paragraph, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regulations. Not later than 30 days prior to carrying out an activity under subparagraph (A), the Secretary shall notify the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate of the intent to use such authority. The Secretary shall submit to the committees described in clause (i) on an annual basis a report on the activities carried out under subparagraph (A) in the preceding fiscal year if the Secretary exercised the authority under subparagraph (A) in that fiscal year. A report under this subparagraph shall include, for each prize competition under subparagraph (A)— a description of the proposed goals of the prize competition; an analysis of why the use of the authority under subparagraph (A) was the preferable method of achieving the goals described in item (aa) as opposed to other authorities available to the Secretary, such as contracts, grants, and cooperative agreements; the total amount of cash prizes awarded for each prize competition, including a description of the amount of private funds contributed to the program, the source of such funds, and the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the Department for recording as obligations and expenditures; the methods used for the solicitation and evaluation of submissions under each prize competition, together with an assessment of the effectiveness of such methods and lessons learned for future prize competitions; a description of the resources, including personnel and funding, used in the execution of each prize competition together with a detailed description of the activities for which such resources were used and an accounting of how funding for execution was allocated among the accounts of the agency for recording as obligations and expenditures; and a description of how each prize competition advanced the mission of the Department.

(c) Collaborative Research and Development.— To encourage innovative solutions to surface transportation problems and stimulate the deployment of new technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with— non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; and Federal laboratories. 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. The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this chapter shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A). The research, development, or use of a technology under a cooperative research and development agreement entered into under this chapter, 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.). Section 6101(b) to (d) of title 41 shall not apply to a contract or agreement entered into under this chapter.

“SEC. 5201 SHORT TITLE.

“This subtitle may be cited as the ‘Intelligent Transportation Systems Act of 1998’.

“SEC. 5202 FINDINGS.

“Congress finds that— investments authorized by the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 1914 et seq.) [ Pub. L. 104–240 , see Tables for classification] have demonstrated that intelligent transportation systems can mitigate surface transportation problems in a cost-effective manner; and 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— 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; 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; 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; 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 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— expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process; improve regional cooperation and operations planning for effective intelligent transportation system deployment; promote the innovative use of private resources; develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and 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.— The Secretary shall— maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle; and on request, make that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. 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. 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.— In carrying out this subtitle, the Secretary may use 1 or more advisory committees. Any advisory committee so used shall be subject to chapter 10 of title 5, United States Code.

(“(i) Procurement Methods.— 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. 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.— The Secretary shall issue guidelines and requirements for the evaluation of operational tests and deployment projects carried out under this subtitle. 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. 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. Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44.

(“(k) Use of Rights-of-Way.— Intelligent transportation system projects specified in section 5117(b)(3) and 5117(b)(6) [set out above] and involving privately owned intelligent transportation system components that is carried out using funds made available from the Highway Trust Fund shall not be subject to any law or regulation of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance, if the Secretary of Transportation determines that such use is in the public interest. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate highway safety.

“SEC. 5205 NATIONAL ITS PROGRAM PLAN.

(“(a) In General.— 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. The National ITS Program Plan shall— 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; 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; 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 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 transportation research and development strategic plan under section 6503 of title 49 , United States Code.

“SEC. 5206 NATIONAL ARCHITECTURE AND STANDARDS.

(“(a) In General.— Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note; 110 Stat. 783 ), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology as a component of the surface transportation systems of the United States. To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. 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 [now Committee on Science, Space, and Technology] 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.— 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. 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. 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.— 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). The Secretary shall publish in the Federal Register a notice describing each standard for which a waiver of the provisional standard requirement has been granted, the reasons for and effects of granting the waiver, and an estimate as to when the standard is expected to be adopted through a process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note; 110 Stat. 783 ). 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.— 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). The Secretary may authorize exceptions to paragraph (1) for— projects designed to achieve specific research objectives outlined in the National ITS Program Plan under section 5205 or the transportation research and development strategic plan under section 6503 of title 49 , United States Code; or the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this subtitle [ June 9, 1998 ], if the Secretary determines that the upgrade or expansion— would not adversely affect the goals or purposes of this subtitle; is carried out before the end of the useful life of such system; and is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). 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— address traffic management, incident management, transit management, toll collection, traveler information, or highway operations systems; 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; incorporate human factors research, including the science of the driving process; facilitate the integration of intelligent infrastructure, vehicle, and control technologies, including magnetic guidance control systems or other materials or magnetics research; or 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. “[SECS. 5208, 5209. Repealed. Pub. L. 109–59, title V, § 5509 , Aug. 10, 2005 , 119 Stat. 1828 .]

“SEC. 5210 USE OF FUNDS.

(“(a) Outreach and Public Relations Limitation.— 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. 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— shall be used primarily for the development of intelligent transportation system infrastructure; and 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— 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 a multiyear financing and operations plan that describes how the project will be cost-effectively operated and maintained.

(“(d) Use of Innovative Financing.— 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. Credit assistance described in paragraph (1) shall be made available in a manner consistent with the Transportation Infrastructure Finance and Innovation Act of 1998 [see section 1501 of Pub. L. 105–178 , set out as a Short Title of 1998 Amendment note under section 101 of this title ].

“SEC. 5211 DEFINITIONS.

“In this subtitle, the following definitions apply: The term ‘Commercial Vehicle Information Systems and Networks’ means the information systems and communications networks that support commercial vehicle operations. The term ‘commercial vehicle operations’— means motor carrier operations and motor vehicle regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and 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. The term ‘corridor’ means any major transportation route that includes parallel limited access highways, major arterials, or transit lines. The term ‘intelligent transportation infrastructure’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary. 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. The term ‘national architecture’ means the common framework for interoperability adopted by the Secretary that defines— the functions associated with intelligent transportation system user services; the physical entities or subsystems within which the functions reside; the data interfaces and information flows between physical subsystems; and the communications requirements associated with the information flows. The term ‘standard’ means a document that— 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 may support the national architecture and promote— the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and interoperability among intelligent transportation system technologies implemented throughout the States. 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.— 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. Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(6) of this Act [ 112 Stat. 420 ], $1,500,000 per fiscal year shall be available to carry out this paragraph.

(“(b) Outreach and Technology Transfer Activities.— The Secretary shall continue to support the Urban Consortium’s ITS outreach and technology transfer activities. Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(5) of this Act [ 112 Stat. 420 ], $500,000 per fiscal year shall be available to carry out this paragraph.

(“(c) Translink.— The Secretary shall make grants to the Texas Transportation Institute to continue the Translink Research program. Of the amounts allocated for each of fiscal years 1999 through 2001 by section 5001(a)(6) of this Act, $1,300,000 per fiscal year shall be available to carry out this paragraph.

“SEC. 5213 REPEAL.

“The Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102–240 ] is amended by striking part B [§§ 6051–6059] of title VI ( 23 U.S.C. 307 note; 105 Stat. 2189 ).”

§ 503 Research and technology development and deployment

(a) In General.— The Secretary shall— carry out research, development, and deployment activities that encompass the entire innovation lifecycle; and ensure that all research carried out under this section aligns with the transportation research and development strategic plan of the Secretary under section 6503 of title 49 .

(b) Highway Research and Development Program.— In carrying out the highway research and development program, the Secretary, to address current and emerging highway transportation needs, shall— identify research topics; coordinate research and development activities; carry out research, testing, and evaluation activities; provide technology transfer and technical assistance; engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and consult frequently with public and private entities on new transportation technologies. The Secretary shall carry out research and development activities from an integrated perspective to establish and implement systematic measures to improve highway safety. In carrying out this paragraph, the Secretary shall carry out research and development activities— to achieve greater long-term safety gains; to reduce the number of fatalities and serious injuries on public roads; to fill knowledge gaps that limit the effectiveness of research; to support the development and implementation of State strategic highway safety plans; to advance improvements in, and use of, performance prediction analysis for decisionmaking; and to expand technology transfer to partners and stakeholders. Research and technology activities carried out under this paragraph may include— safety assessments and decisionmaking tools; data collection and analysis; crash reduction projections; low-cost safety countermeasures; innovative operational improvements and designs of roadway and roadside features; evaluation of countermeasure costs and benefits; development of tools for projecting impacts of safety countermeasures; rural road safety measures; safety measures for vulnerable road users, including bicyclists and pedestrians; safety measures to reduce the number of wildlife-vehicle collisions; safety policy studies; human factors studies and measures; safety technology deployment; safety workforce professional capacity building initiatives; safety program and process improvements; and tools and methods to enhance safety performance, including achievement of statewide safety performance targets. The Secretary shall carry out and facilitate highway and bridge infrastructure research and development activities— to maintain infrastructure integrity; to meet user needs; and to link Federal transportation investments to improvements in system performance. In carrying out this paragraph, the Secretary shall carry out research and development activities— to reduce the number of fatalities attributable to infrastructure design characteristics and work zones; to improve the safety and security of highway infrastructure; to increase the reliability of lifecycle performance predictions used in infrastructure design, construction, and management; to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost; to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, and construction; to improve highway condition and performance through increased use of design, materials, construction, and maintenance innovations; to reduce the environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and to study vulnerabilities of the transportation system to seismic activities and extreme events, including weather, and methods to reduce those vulnerabilities. Research and technology activities carried out under this paragraph may include— long-term infrastructure performance programs addressing pavements, bridges, tunnels, and other structures; short-term and accelerated studies of infrastructure performance; research to develop more durable infrastructure materials and systems; advanced infrastructure design methods; accelerated highway and bridge construction; performance-based specifications; construction and materials quality assurance; comprehensive and integrated infrastructure asset management; infrastructure safety assurance; sustainable infrastructure design and construction; infrastructure rehabilitation and preservation techniques, including techniques to rehabilitate and preserve historic infrastructure; hydraulic, geotechnical, and aerodynamic aspects of infrastructure; improved highway construction technologies and practices; improved tools, technologies, and models for infrastructure management, including assessment and monitoring of infrastructure condition; studies to improve flexibility and resiliency of infrastructure systems to withstand extreme weather events and climate variability; studies on the effectiveness of fiber-based additives to improve the durability of surface transportation materials in various geographic regions; studies of infrastructure resilience and other adaptation measures; maintenance of seismic research activities, including research carried out in conjunction with other Federal agencies to study the vulnerability of the transportation system to seismic activity and methods to reduce that vulnerability; technology transfer and adoption of permeable, pervious, or porous paving materials, practices, and systems that are designed to minimize environmental impacts, stormwater runoff, and flooding and to treat or remove pollutants by allowing stormwater to infiltrate through the pavement in a manner similar to predevelopment hydrologic conditions; and studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights-of-way. In this subparagraph, the term “lifecycle costs analysis” means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment. The Comptroller General shall conduct a study of the best practices for calculating lifecycle costs and benefits for federally funded highway projects, which shall include, at a minimum, a thorough literature review and a survey of current lifecycle cost practices of State departments of transportation. In carrying out the study, the Comptroller shall consult with, at a minimum— the American Association of State Highway and Transportation Officials; appropriate experts in the field of lifecycle cost analysis; and appropriate industry experts and research centers. Not later than 1 year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives a report on the results of the study which shall include— a summary of the latest research on lifecycle cost analysis; and recommendations on the appropriate— period of analysis; design period; discount rates; and use of actual material life and maintenance cost data. The Secretary may carry out research— to minimize the cost of transportation planning and environmental decisionmaking processes; to improve transportation planning and environmental decisionmaking processes; and to minimize the potential impact of surface transportation on the environment. In carrying out this paragraph the Secretary may carry out research and development activities— to minimize the cost of highway infrastructure and operations; to reduce the potential impact of highway infrastructure and operations on the environment; to advance improvements in environmental analyses and processes and context sensitive solutions for transportation decisionmaking; to improve construction techniques; to accelerate construction to reduce congestion and related emissions; to reduce the impact of highway runoff on the environment; to improve understanding and modeling of the factors that contribute to the demand for transportation; and to improve transportation planning decisionmaking and coordination. Research and technology activities carried out under this paragraph may include— creation of models and tools for evaluating transportation measures and transportation system designs, including the costs and benefits; congestion reduction efforts; transportation and economic development planning in rural areas and small communities; improvement of State, local, and tribal government capabilities relating to surface transportation planning and the environment; and streamlining of project delivery processes. The Secretary shall carry out research under this paragraph with the goals of— addressing congestion problems; reducing the costs of congestion; improving freight movement; increasing productivity; and improving the economic competitiveness of the United States. In carrying out this paragraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential— to reduce traffic congestion; to improve freight movement; and to reduce freight-related congestion throughout the transportation network. Research and technology activities carried out under this paragraph may include— active traffic and demand management; acceleration of the implementation of Intelligent Transportation Systems technology; advanced transportation concepts and analysis; arterial management and traffic signal operation; congestion pricing; corridor management; emergency operations; research relating to enabling technologies and applications; freeway management; evaluation of enabling technologies; impacts of vehicle size and weight on congestion; freight operations and technology; operations and freight performance measurement and management; organization and planning for operations; planned special events management; real-time transportation information; road weather management; traffic and freight data and analysis tools; traffic control devices; traffic incident management; work zone management; communication of travel, roadway, and emergency information to persons with disabilities; research on enhanced mode choice and intermodal connectivity; techniques for estimating and quantifying public benefits derived from freight transportation projects; and other research areas to identify and address emerging needs related to freight transportation by all modes. The Secretary shall carry out research and development activities relating to exploratory advanced research— to leverage the targeted capabilities of the Turner-Fairbank Highway Research Center to develop technologies and innovations of national importance; to develop potentially transformational solutions to improve the durability, efficiency, environmental impact, productivity, and safety aspects of highway and intermodal transportation systems; and to support research on non-market-ready technologies in consultation with public and private entities. The Secretary shall continue to operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center. The Turner-Fairbank Highway Research Center shall support innovations by leading— the conduct of highway research and development relating to emerging highway technology; 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; the development of innovative highway products and practices; the conduct of long-term, high-risk research to improve the materials used in highway infrastructure; and the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration, the National Highway Traffic Safety Administration, and other key partners. Not later than July 31, 2013 , and July 31 of every second year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes estimates of the current conditions and future needs of highways, bridges, and tunnels of the United States, including— the conditions and performance of the highway network for freight movement; intelligent transportation systems; resilience needs; and the backlog of current highway, bridge, and tunnel needs. Each report under subparagraph (A) shall include all information necessary to relate and compare the conditions and service measures used in the previous biennial reports to conditions and service measures used in the current report. Each report under subparagraph (A) shall provide recommendations to Congress on changes to the highway performance monitoring system that address— improvements to the quality and standardization of data collection on all functional classifications of Federal-aid highways for accurate system length, lane length, and vehicle-mile of travel; and changes to the reporting requirements authorized under section 315, to reflect recommendations under this paragraph for collection, storage, analysis, reporting, and display of data for Federal-aid highways and, to the maximum extent practical, all public roads. The Secretary may develop interactive modeling tools and databases that— track the full condition of highway assets, including interchanges, and the reconstruction history of those assets; can be used to assess transportation options; allow for the monitoring and modeling of network-level traffic flows on highways; and further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes.

(c) Technology and Innovation Deployment Program.— The Secretary shall carry out a technology and innovation deployment program relating to all aspects of highway transportation, including planning, financing, operation, structures, use of rights-of-way permissible under applicable law, materials, pavements, environment, construction, and the duration of time between project planning and project delivery, with the goals of— significantly accelerating the adoption of innovative technologies by the surface transportation community; providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in highway construction processes that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction; constructing longer-lasting highways through the use of innovative technologies and practices that lead to faster construction of efficient and safe highways and bridges; improving highway efficiency, safety, mobility, reliability, service life, environmental protection, and sustainability; developing and deploying new tools, techniques, and practices to accelerate the adoption of innovation in all aspects of highway transportation; and disseminating and evaluating information from accelerated market readiness efforts, including non-market-ready technologies, to public and private entities. The Secretary shall promote, facilitate, and carry out the program established under paragraph (1) to distribute the products, technologies, tools, methods, or other findings that result from highway research and development activities, including research and development activities carried out under this chapter. In carrying out the program established under paragraph (1), the Secretary shall— establish and carry out demonstration programs; provide technical assistance, and training to researchers and developers; and develop and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation of proven innovative practices and technologies as standard practices. The Secretary, in consultation with the American Association of State Highway and Transportation Officials and the Transportation Research Board of the National Academy of Sciences, shall promote research results and products developed under the future strategic highway research program administered by the Transportation Research Board of the National Academy of Sciences. The activities carried out under this subparagraph shall be based on the report submitted to Congress by the Transportation Research Board of the National Academy of Sciences under section 510(e). The Secretary may use funds made available to carry out this subsection for administrative costs under this subparagraph. Not later than 2 years after the date of enactment of this subparagraph and every 2 years 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 and make publicly available on an internet website a report that describes— the activities the Secretary has undertaken to carry out the program established under paragraph (1); and how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities. The Secretary shall establish and implement a program under the technology and innovation deployment program to promote, implement, deploy, demonstrate, showcase, support, and document the application of innovative pavement technologies, practices, performance, and benefits. The goals of the accelerated implementation and deployment of pavement technologies program shall include— the deployment of new, cost-effective designs, materials, recycled materials, and practices to extend the pavement life and performance and to improve user satisfaction; the reduction of initial costs and lifecycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion; the deployment of engineering design criteria and specifications for new and efficient practices, products, and materials for use in highway pavements; the deployment of new nondestructive and real-time pavement evaluation technologies and construction techniques; and effective technology transfer and information dissemination to accelerate implementation of new technologies and to improve life, performance, cost effectiveness, safety, and user satisfaction. In this subparagraph, the term “institution” means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements. The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement. Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit a report on the results of the study under clause (ii) to— the Committee on Environment and Public Works of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; the Federal Highway Administration; and the American Association of State Highway and Transportation Officials. The Secretary shall obligate for each of fiscal years 2022 through 2026 from funds made available to carry out this subsection $12,000,000toacceleratethedeploymentandimplementationofpavementtechnology.Notlessfrequentlythanonceevery3years,theSecretaryshallissueandmakeavailabletothepubliconanInternetwebsiteareportonthecostandbenefitsfromdeploymentofnewtechnologyandinnovationsthatsubstantiallyanddirectlyresultedfromtheprogramestablishedunderthisparagraph.Thereportunderclause(i)mayincludeananalysisof—Federal,State,andlocalcostsavings;projectdeliverytimeimprovements;reducedfatalities;congestionimpacts;pavementmonitoringanddatacollectionpractices;pavementdurabilityandresilience;stormwatermanagement;impactsonvehicleefficiency;theenergyefficiencyoftheproductionofpavingmaterialsandtheabilityofpavingmaterialstoenhancetheenvironmentandpromotesustainability;andintegrationofrenewableenergyinpavementdesigns.TheSecretaryshallprovidegrantstoeligibleentitiestodeploy,install,andoperateadvancedtransportationtechnologiestoimprovesafety,mobility,efficiency,systemperformance,intermodalconnectivity,andinfrastructurereturnoninvestment.TheSecretaryshalldevelopcriteriaforselectionofaneligibleentitytoreceiveagrantunderthisparagraph,includinghowthedeploymentoftechnologywill—improvethemobilityofpeopleandgoods;improvethedurabilityandextendthelifeoftransportationinfrastructure;reducecostsandimprovereturnoninvestments,includingthroughoptimizationofexistingtransportationcapacity;protecttheenvironmentanddeliverenvironmentalbenefitsthatalleviatecongestionandstreamlinetrafficflow;measureandimprovetheoperationalperformanceoftheapplicabletransportationnetwork;reducethenumberandseverityoftrafficcrashesandincreasedriver,passenger,andpedestriansafety;collect,disseminate,andusereal-timetraffic,workzone,weather,transit,paratransit,parking,andothertransportation-relatedinformationtoimprovemobility,reducecongestion,andprovideformoreefficient,accessible,andintegratedtransportationandtransportationservices;facilitateaccount-basedpaymentsfortransportationaccessandservicesandintegratepaymentsystemsacrossmodes;monitortransportationassetstoimproveinfrastructuremanagement,reducemaintenancecosts,prioritizeinvestmentdecisions,andensureastateofgoodrepair;delivereconomicbenefitsbyreducingdelays,improvingsystemperformance,andprovidingfortheefficientandreliablemovementofgoodsandservices;acceleratethedeploymentofvehicle-to-vehicle,vehicle-to-infrastructure,vehicle-to-pedestrian,autonomousvehicles,andothertechnologies;orincentivizetravelers—tosharetripsduringperiodsinwhichtraveldemandexceedssystemcapacity;ortoshifttripstoperiodsinwhichtraveldemanddoesnotexceedsystemcapacity.Eachfiscalyearforwhichfundingismadeavailableforactivitiesunderthisparagraph,theSecretaryshallrequestapplicationsinaccordancewithclause(ii).Anapplicationsubmittedunderthissubparagraphshallincludethefollowing:Aplantodeployandprovideforthelong-termoperationandmaintenanceofadvancedtransportationandcongestionmanagementtechnologiestoimprovesafety,mobility,efficiency,systemperformance,andreturnoninvestment.Quantifiablesystemperformanceimprovements,suchas—reducingtraffic-relatedcrashes,congestion,andcosts;optimizingsystemefficiency;improvingaccesstotransportationservices;andfacilitatingpaymentfortransportationservices.Quantifiablesafety,mobility,andenvironmentalbenefitprojectionssuchasdata-drivenestimatesofhowtheprojectwillimprovetheregion’stransportationsystemefficiencyandreducetrafficcongestion.Aplanforpartneringwiththeprivatesectororpublicagencies,includingmultimodalandmultijurisdictionalentities,researchinstitutions,organizationsrepresentingtransportationandtechnologyleaders,orothertransportationstakeholders.Aplantoleverageandoptimizeexistinglocalandregionaladvancedtransportationtechnologyinvestments.Eachfiscalyearforwhichfundingismadeavailableforactivitiesunderthisparagraph,theSecretaryshallawardgrantstonotlessthan5andnotmorethan10eligibleentities.Subjecttosubclause(II),inawardingagrantunderthisparagraph,theSecretaryshallensure,totheextentpracticable,thatgrantrecipientsrepresentdiversegeographicareasoftheUnitedStates,includingurbanandruralareas.Notlessthan20percentoftheamountsmadeavailabletocarryoutthisparagraphshallbereservedforprojectsservingruralareas.Inawardingagrantunderthisparagraph,theSecretaryshallensure,totheextentpracticable,thatgrantrecipientsrepresentdiversetechnologysolutions.Agrantrecipientmayusefundsawardedunderthisparagraphtodeployadvancedtransportationandcongestionmanagementtechnologies,including—advancedtravelerinformationsystems;advancedtransportationmanagementtechnologies;advancedtransportationtechnologiestoimproveemergencyevacuationandresponsebyFederal,State,andlocalauthorities;infrastructuremaintenance,monitoring,andconditionassessment;advancedpublictransportationsystems;transportationsystemperformancedatacollection,analysis,anddisseminationsystems;advancedsafetysystems,includingvehicle-to-vehicleandvehicle-to-infrastructurecommunications,technologiesassociatedwithautonomousvehicles,andothercollisionavoidancetechnologies,includingsystemsusingcellulartechnology;integrationofintelligenttransportationsystemswiththeSmartGridandotherenergydistributionandchargingsystems;integratedcorridormanagementsystems;advancedparkingreservationorvariablepricingsystems;electronicpricing,tollcollection,andpaymentsystems;technologythatenhanceshighoccupancyvehicletolllanes,cordonpricing,orcongestionpricing;integrationoftransportationservicepaymentsystems;advancedmobility,access,andon-demandtransportationservicetechnologies,suchasdynamicridesharingandothershared-usemobilityapplicationsandinformationsystemstosupporthumanservicesforelderlyanddisabledindividuals;retrofittingdedicatedshort-rangecommunications(DSRC)technologydeployedaspartofanexistingpilotprogramtocellularvehicle-to-everything(C–V2X)technology,subjecttotheconditionthattheretrofittedtechnologyoperatesonlywithintheexistingspectrumallocationsforconnectedvehiclesystems;oradvancedtransportationtechnologies,inaccordancewiththeresearchareasdescribedinsection6503oftitle49.Foreacheligibleentitythatreceivesagrantunderthisparagraph,notlaterthan1yearaftertheentityreceivesthegrant,andeachyearthereafter,theentityshallsubmitareporttotheSecretarythatdescribes—deploymentandoperationalcostsoftheprojectcomparedtothebenefitsandsavingstheprojectprovides;andhowtheprojecthasmettheoriginalexpectationsprojectedinthedeploymentplansubmittedwiththeapplication,suchas—dataonhowtheprojecthashelpedreducetrafficcrashes,congestion,costs,andotherbenefitsofthedeployedsystems;dataontheeffectofmeasuringandimprovingtransportationsystemperformancethroughthedeploymentofadvancedtechnologies;theeffectivenessofprovidingreal-timeintegratedtraffic,transit,andmultimodaltransportationinformationtothepublictomakeinformedtraveldecisions;andlessonslearnedandrecommendationsforfuturedeploymentstrategiestooptimizetransportationmobility,efficiency,multimodalsystemperformance,andpaymentsystemperformance.Notlaterthan3yearsafterthedatethatthefirstgrantisawardedunderthisparagraph,andeachyearthereafter,theSecretaryshallmakeavailabletothepubliconanInternetwebsiteareportthatdescribestheeffectivenessofgrantrecipientsinmeetingtheirprojecteddeploymentplans,includingdataprovidedundersubparagraph(F)onhowtheprogramhas—reducedtraffic-relatedfatalitiesandinjuries;reducedtrafficcongestionandimprovedtraveltimereliability;reducedtransportation-relatedemissions;optimizedmultimodalsystemperformance;improvedaccesstotransportationalternatives;improvedintegrationofpaymentsystems;providedthepublicwithaccesstoreal-timeintegratedtraffic,transit,andmultimodaltransportationinformationtomakeinformedtraveldecisions;providedcostsavingstotransportationagencies,businesses,andthetravelingpublic;orprovidedotherbenefitstotransportationusersandthegeneralpublic.TheSecretarymayceasetoprovideadditionalgrantfundstoarecipientofagrantunderthisparagraphif—theSecretarydeterminesfromsuchrecipient’sreportthattherecipientisnotcarryingouttherequirementsofthegrant;andtheSecretaryprovideswrittennotice60dayspriortowithholdingfundstotheCommitteesonTransportationandInfrastructureandScience,Space,andTechnologyoftheHouseofRepresentativesandtheCommitteesonEnvironmentandPublicWorksandCommerce,Science,andTransportationoftheSenate.Fromfundsmadeavailabletocarryoutsubsection(b),thissubsection,andsections512through518,theSecretaryshallsetasideforgrantsawardedundersubparagraph(D)$60,000,000 for each of fiscal years 2022 through 2026. Of the amounts set aside under clause (i), the Secretary may set aside $2,000,000eachfiscalyearforprogramreporting,evaluation,andadministrativecostsrelatedtothisparagraph.TheFederalshareofthecostofaprojectforwhichagrantisawardedunderthissubsectionshallnotexceed80percentofthecostoftheproject.TheSecretarymaynotawardmorethan20percentoftheamountdescribedundersubparagraph(I)inafiscalyeartoasinglegrantrecipient.Agrantrecipientunderthisparagraphmayusenotmorethan5percentofthefundsawardedeachfiscalyeartocarryoutplanningandreportingrequirements.If,byAugust1ofeachfiscalyear,theSecretarydeterminesthattherearenotenoughgrantapplicationsthatmeettherequirementsdescribedinsubparagraph(C)tocarryoutthissectionforafiscalyear,theSecretaryshalltransfertotheprogramsspecifiedinclause(ii)—anyofthefundsreservedforthefiscalyearundersubparagraph(I)thattheSecretaryhasnotyetawardedunderthisparagraph;andanamountofobligationlimitationequaltotheamountoffundsthattheSecretarytransfersundersubclause(I).Theprogramsreferredtoinclause(i)are—theprogramundersubsection(b);theprogramunderthissubsection;andtheprogramsundersections512through518.Anytransferoffundsandobligationlimitationunderclause(i)shallbedividedamongtheprogramsreferredtointhatclauseinthesameproportionsastheSecretaryoriginallyreservedfundingfromtheprogramsforthefiscalyearundersubparagraph(I).Inthisparagraph:Theterm“eligibleentity”meansaStateorlocalgovernment,atransitagency,metropolitanplanningorganization,orotherpoliticalsubdivisionofaStateorlocalgovernmentoramultijurisdictionalgrouporaconsortiaofresearchinstitutionsoracademicinstitutions.Theterm“advancedtransportationandcongestionmanagementtechnologies”meanstechnologiesthatimprovetheefficiency,safety,orstateofgoodrepairofsurfacetransportationsystems,includingintelligenttransportationsystems.Theterm“multijurisdictionalgroup”meansanycombinationofStategovernments,localgovernments,metropolitanplanningagencies,transitagencies,orotherpoliticalsubdivisionsofaStateforwhicheachmemberofthegroup—hassignedawrittenagreementtoimplementtheadvancedtransportationtechnologiesdeploymentinitiativeacrossjurisdictionalboundaries;andisaneligibleentityunderthisparagraph.TheSecretaryshallestablishandimplementaprogramunderthetechnologyandinnovationdeploymentprogramestablishedunderparagraph(1)topromote,implement,deploy,demonstrate,showcase,support,anddocumenttheapplicationofadvanceddigitalconstructionmanagementsystems,practices,performance,andbenefits.Thegoalsoftheacceleratedimplementationanddeploymentofadvanceddigitalconstructionmanagementsystemsprogramestablishedundersubparagraph(A)shallinclude—acceleratedStateadoptionofadvanceddigitalconstructionmanagementsystemsappliedthroughouttheconstructionlifecycle(includingthroughthedesignandengineering,construction,andoperationsphases)that—maximizeinteroperabilitywithothersystems,products,tools,orapplications;boostproductivity;managecomplexity;reduceprojectdelaysandcostoverruns;andenhancesafetyandquality;moretimelyandproductiveinformation-sharingamongstakeholdersthroughreducedrelianceonpapertomanageconstructionprocessesanddeliverablessuchasblueprints,designdrawings,procurementandsupply-chainorders,equipmentlogs,dailyprogressreports,andpunchlists;deploymentofdigitalmanagementsystemsthatenableandleveragetheuseofdigitaltechnologiesonconstructionsitesbycontractors,suchasstate-of-the-artautomatedandconnectedmachineryandoptimizedroutingsoftwarethatallowsconstructionworkerstoperformtasksfaster,safer,moreaccurately,andwithminimalsupervision;thedevelopmentanddeploymentofbestpracticesforuseindigitalconstructionmanagement;increasedtechnologyadoptionanddeploymentbyStatesandunitsoflocalgovernmentthatenablesprojectsponsors—tointegratetheadoptionofdigitalmanagementsystemsandtechnologiesincontracts;andtoweighthecostofdigitizationandtechnologyinsettingprojectbudgets;technologytrainingandworkforcedevelopmenttobuildthecapabilitiesofprojectmanagersandsponsorsthatenablesStatesandunitsoflocalgovernment—tobettermanageprojectsusingadvancedconstructionmanagementtechnologies;andtoproperlymeasureandrewardtechnologyadoptionacrossprojectsoftheStateorunitoflocalgovernment;developmentofguidancetoassistStatesinupdatingregulationsoftheStatetoallowprojectsponsorsandcontractors—toreportdatarelatingtotheprojectindigitalformats;andtofullycapturetheefficienciesandbenefitsofadvanceddigitalconstructionmanagementsystemsandrelatedtechnologies;reductionintheenvironmentalfootprintofconstructionprojectsusingadvanceddigitalconstructionmanagementsystemsresultingfromeliminationofcongestionthroughmoreefficientprojects;andenhancedworkerandpedestriansafetyresultingfromincreasedtransparency.Foreachoffiscalyears2022through2026,theSecretaryshallobligatefromfundsmadeavailabletocarryoutthissubsection$20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems. Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on— progress made in the implementation of advanced digital management systems by States; and the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph. The report under clause (i) may include an analysis of— Federal, State, and local cost savings; project delivery time improvements; congestion impacts; and safety improvements for roadway users and construction workers. In this paragraph: The term “highly automated vehicle” means a motor vehicle that— has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and is equipped with a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018 (or a subsequent standard adopted by the Secretary)). The term “new mobility” includes shared services such as— docked and dockless bicycles; docked and dockless electric scooters; and transportation network companies. Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets. Not later than 1 year after the date on which the Center of Excellence is established, the Secretary shall submit a report that describes the results of the research regarding the impacts of new mobility and highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives. In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or public or private research entity.

§ 504 Training and education

(a) National Highway Institute.— The Secretary shall operate in the Federal Highway Administration a National Highway Institute (in this subsection referred to as the “Institute”). The Secretary shall administer, through the Institute, the authority vested in the Secretary by this title or by any other law for the development and conduct of education and training programs relating to highways. In cooperation with State transportation departments, United States industry, and any national or international entity, the Institute shall develop and administer education and training programs of instruction for— Federal Highway Administration, State, and local transportation agency employees and the employees of any other applicable Federal agency; regional, State, and metropolitan planning organizations; State and local police, public safety, and motor vehicle employees; and United States citizens and foreign nationals engaged or to be engaged in surface transportation work of interest to the United States. The Institute shall— develop or update existing courses in asset management, including courses that include such components as— the determination of life-cycle costs; the valuation of assets; benefit-to-cost ratio calculations; and objective decisionmaking processes for project selection; and continually develop courses relating to the application of emerging technologies for— transportation infrastructure applications and asset management; intelligent transportation systems; operations (including security operations); the collection and archiving of data; reducing the amount of time required for the planning and development of transportation projects; and the intermodal movement of individuals and freight. In addition to the courses developed under subparagraph (A), the Institute, in consultation with State transportation departments, metropolitan planning organizations, and the American Association of State Highway and Transportation Officials, may develop courses relating to technology, methods, techniques, engineering, construction, safety, maintenance, environmental mitigation and compliance, regulations, management, inspection, and finance. The Institute shall periodically— review the course inventory of the Institute; and revise or cease to offer courses based on course content, applicability, and need. Not to exceed ½ of 1 percent of the funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program shall be available for expenditure by the State transportation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies in accordance with this subsection. Except as provided in subparagraph (B), education and training of employees of Federal, State, and local transportation (including highway) agencies authorized under this subsection may be provided— by the Secretary at no cost to the States and local governments if the Secretary determines that provision at no cost is in the public interest; or by the State through grants, cooperative agreements, and contracts with public and private agencies, institutions, individuals, and the Institute. Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary determines that a lower cost is of critical importance to the public interest. The Institute may— engage in training activities authorized under this subsection, including the granting of training fellowships; and carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agency, authority, association, institution, for-profit or nonprofit corporation, other national or international entity, or other person. In accordance with this subsection, the Institute may assess and collect fees solely to defray the costs of the Institute in developing or administering education and training programs under this subsection. Fees may be assessed and collected under this subsection only in a manner that may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year. Fees may be assessed and collected under this subsection only with respect to— persons and entities for whom education or training programs are developed or administered under this subsection; and persons and entities to whom education or training is provided under this subsection. The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in subparagraph (A) that relate to the person or entity. All fees collected under this subsection shall be used to defray costs associated with the development or administration of education and training programs authorized under this subsection. The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7).

(b) Local Technical Assistance Program.— The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to— highway and transportation agencies in urbanized and rural areas; contractors that perform work for the agencies; and infrastructure security staff. The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support services to— assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to— develop and expand expertise in road and transportation areas (including pavement, bridge, concrete structures, intermodal connections, safety management systems, intelligent transportation systems, incident response, operations, and traffic safety countermeasures); improve roads and bridges; enhance— programs for the movement of passengers and freight; and intergovernmental transportation planning and project selection; and deal effectively with special transportation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource materials; develop technical assistance for tourism and recreational travel; identify, package, and deliver transportation technology and traffic safety information to local jurisdictions to assist urban transportation agencies in developing and expanding their ability to deal effectively with transportation-related problems (particularly the promotion of regional cooperation); operate, in cooperation with State transportation departments and universities— local technical assistance program centers designated to provide transportation technology transfer services to rural areas and to urbanized areas; and local technical assistance program centers designated to provide transportation technical assistance to tribal governments; and allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation. Subject to subparagraph (B), the Federal share of the cost of an activity carried out by a local technical assistance center under paragraphs (1) and (2) shall be 50 percent. The non-Federal share of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the non-Federal share. The Federal share of the cost of an activity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent.

(c) Research Fellowships.— The Secretary, acting either independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for research fellowships for any purpose for which research is authorized by this chapter. The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation, which program shall be known as the “Dwight David Eisenhower Transportation Fellowship Program”. Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses.

(d) Garrett A. Morgan Technology and Transportation Education Program.— 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. 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— internships that offer students experience in the transportation field; programs that allow students to spend time observing scientists and engineers in the transportation field; and developing relevant curriculum that uses examples and problems related to transportation. 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 to serve the purposes described in paragraph (2). In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities. Local educational agencies and State educational agencies, which may enter into a partnership agreement with institutions of higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection. In this subsection, the following definitions apply: 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 ). The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. The term “State educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965.

(e) Surface Transportation Workforce Development, Training, and Education.— Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under paragraphs (1) through (4) of section 104(b) for surface transportation workforce development, training, and education, including— tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies; employee professional development; student internships; pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training; university, college, community college, or vocational school support; education activities, including outreach, to develop interest and promote participation in surface transportation careers; activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations; activities carried out by the National Highway Institute under subsection (a); and local technical assistance programs under subsection (b). The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent, except for activities carried out under paragraph (1)(I), for which the Federal share shall be 50 percent. In this subsection, 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; activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and activities to attract new sources of job-creating investment.

(f) Transportation Education and Training Development and Deployment Program.— The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies— to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs. In selecting applications for awards under this subsection, the Secretary may consider— the degree to which the new curricula or education program meets the specific current or future needs of a segment of the transportation industry, States, or regions; providing for practical experience and on-the-job training; proposals oriented toward practitioners in the field rather than the support and growth of the research community; 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; programs or curricula that train professionals for work in the transportation field, such as construction, materials, information technology, environmental science, urban planning, and industrial or emerging technology; and the commitment of industry or a State’s department of transportation to the program. The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection— the percentage or number of program participants that are employed during the second quarter after exiting the program; the percentage or number of program participants that are employed during the fourth quarter after exiting the program; the median earnings of program participants that are employed during the second quarter after exiting the program; the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and the percentage or number of program participants that, during a program year— are in an education or training program that leads to a recognized postsecondary credential or employment; and are achieving measurable skill gains toward such a credential or employment. The amount of a grant under this subsection shall not exceed $300,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Federal funding may equal not more than 75 percent of a grantee’s program costs.

(g) Freight Capacity Building Program.— The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to— better target investments in freight transportation systems to maintain efficiency and productivity; and strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems. The Secretary shall enter into agreements to support and carry out administrative and management activities relating to the governance of the freight planning capacity initiative. In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of State Highway and Transportation Officials, and other freight planning stakeholders, including the other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector. The freight planning capacity building initiative shall include research, training, and education in the following areas: The identification and dissemination of best practices in freight transportation. Providing opportunities for freight transportation staff to engage in peer exchange. Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues. Facilitating relationship building between governmental and private entities involved in freight transportation. Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, security, asset management, and environmental stewardship in connection with long-range multimodal transportation planning and project implementation. The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. Funds made available for the program established under this subsection may be used for research, program development, information collection and dissemination, and technical assistance. The Secretary may use such funds independently or make grants to and 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.

(h) Centers for Surface Transportation Excellence.— The Secretary shall make grants under this section to establish and maintain centers for surface transportation excellence. The goals of a center referred to in paragraph (1) shall be to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance. To achieve the goals set forth in paragraph (2), any centers established under paragraph (1) shall provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transportation programs, projects, and policies. A party entering into a contract, cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform research or provide technical assistance under this subsection, shall be selected on a competitive basis. The Secretary shall require each center to develop a multiyear strategic plan, that— is submitted to the Secretary at such time as the Secretary requires; and describes— the activities to be undertaken by the center; and how the work of the center will be coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized under this chapter.

(i) Use of Funds.— The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if— the activities are authorized by another provision of this title; and the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments.

§ 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 paragraphs (1) through (5) of section 104(b) shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes: Engineering and economic surveys and investigations. 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. Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167. Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems. 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. 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. The conduct of activities relating to the planning of real-time monitoring elements.

(b) Minimum Expenditures on Research, Development, and Technology Transfer Activities.— 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. 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. 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) Implementation of Future Strategic Highway Research Program Findings and Results.— A State shall make available to the Secretary to carry out section 503(c)(2)(C) a percentage of funds subject to subsection (a) that are apportioned to that State, that is agreed to by ¾ of States for each of fiscal years 2013 and 2014. 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 ).

(d) 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.

(e) 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 period described in section 118(b).

[§§ 506, 507 Repealed. Pub. L. 112–141, div. E, title II, §§ 52006(a), 52007(a), July 6, 2012, 126 Stat. 882]

[§ 508 Repealed. Pub. L. 114–94, div. A, title VI, § 6019(d)(1)(A), Dec. 4, 2015, 129 Stat. 1581]

[§ 509 Repealed. Pub. L. 112–141, div. E, title II, § 52008(a), July 6, 2012, 126 Stat. 882]

§ 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.— 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: Renewal of aging highway infrastructure with minimal impact to users of the facilities. Driving behavior and likely crash causal factors to support improved countermeasures. Reducing highway congestion due to nonrecurring congestion. Planning and designing new road capacity to meet mobility, economic, environmental, and community needs. 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— 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; 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; the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and there is no duplication of research effort between the program and any other research effort of the Department.

(e) Report on Implementation of Results.— 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. The report under paragraph (1) shall include with respect to the program— an identification of the most promising results of research under the program (including the persons most likely to use the results); a discussion of potential incentives for, impediments to, and methods of, implementing those results; an estimate of costs of implementation of those results; and 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. In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including— the Federal Highway Administration; the National Highway Traffic Safety Administration; and the American Association of State Highway and Transportation Officials. Not later than February 1, 2009 , the report shall be submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(f) Funding.— The Federal share of the cost of an activity carried out using amounts made available under a grant or cooperative agreement under this section shall be 100 percent, and such funds shall remain available until expended. The Secretary may make advance payments as necessary to carry out the program under this section.

(g) Limitation of Remedies.— The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission by employees and individuals described in paragraph (3) arising from activities conducted under or in connection with this section. Any such claim shall be subject to the limitations and exceptions which would be applicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of title 28. The remedy referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. Employees of the National Academy of Sciences and other individuals appointed by the president of the National Academy of Sciences and acting on its behalf in connection with activities carried out under this section shall be treated as if they are employees of the Federal Government under section 2671 of title 28 for purposes of a civil action or proceeding with respect to a claim described in paragraph (1). The civil action or proceeding shall proceed in the same manner as any proceeding under chapter 171 of title 28 or action against the United States filed pursuant to section 1346(b) of title 28 and shall be subject to the limitations and exceptions applicable to such a proceeding or action. Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to carry out this section, and then from sums made available under section 1304 of title 31 . For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, award, or settlement payable under section 2414 or 2672 of title 28. The Secretary may establish a reserve of funds to carry out this section for making payments under this paragraph.

(h) Implementation.— Notwithstanding any other provision of this section, the Secretary may use funds made available to carry out this section for implementation of research products related to the future strategic highway research program, including development, demonstration, evaluation, and technology transfer activities.

§ 511 Multistate corridor operations and management

(a) In General.— The Secretary shall encourage multistate cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations.

(b) Interstate Route 95 Corridor Coalition Transportation Systems Management and Operations.— The Secretary shall make grants under this subsection to States to continue intelligent transportation system management and operations in the Interstate Route 95 corridor coalition region initiated under the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ).

§ 512 National ITS program plan

(a) In General.— Not later than 1 year after the date of enactment of the SAFETEA–LU, the Secretary, in consultation with interested stakeholders (including State transportation departments) shall develop a 5-year National Intelligent Transportation System (in this section referred to as “ITS”) program plan. The National ITS program plan shall— specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the contexts of— major metropolitan areas; smaller metropolitan and rural areas; and commercial vehicle operations; specify the manner in which specific programs and projects will achieve the goals, objectives, and milestones referred to in subparagraph (A), including consideration of a 5-year timeframe for the goals and objectives; identify activities that provide for the dynamic development, testing, and necessary revision of standards and protocols to promote and ensure interoperability in the implementation of intelligent transportation system technologies, including actions taken to establish standards; and establish a cooperative process with State and local governments for— determining desired surface transportation system performance levels; and developing plans for accelerating the incorporation of specific intelligent transportation system capabilities into surface transportation systems.

(b) Reporting.— The National ITS program plan shall be submitted and biennially updated.

“SEC. 5303 GOALS AND PURPOSES.

(“(a) Goals.— The goals of the intelligent transportation system program include— 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; achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to a crash, with particular emphasis on decreasing the number and severity of collisions; 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; accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles and pedestrians, including individuals with disabilities; and improvement of the Nation’s ability to respond to security-related or other manmade emergencies and natural disasters and enhancement of national defense mobility.

(“(b) Purposes.— The Secretary [of Transportation] shall implement activities under the intelligent system transportation program to, at a minimum— expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process; improve regional cooperation and operations planning for effective intelligent transportation system deployment; promote the innovative use of private resources; facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems; support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations; develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and provide continuing support for operations and maintenance of intelligent transportation systems.

“SEC. 5304 INFRASTRUCTURE DEVELOPMENT.

“Funds made available to carry out this subtitle [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59 , enacting this section and section 513 of this title ] for operational tests— shall be used primarily for the development of intelligent transportation system infrastructure; and to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.

“SEC. 5305 GENERAL AUTHORITIES AND REQUIREMENTS.

(“(a) Scope.— Subject to the provisions of this subtitle [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59 , enacting this section and section 513 of this title ], the Secretary [of Transportation] shall conduct an ongoing intelligent transportation system program to research, develop, and operationally test intelligent transportation systems and to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.

(“(b) Policy.— Intelligent transportation system research projects and operational tests funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects.

(“(c) Cooperation With Governmental, Private, and Educational Entities.— The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, 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 shall consult with the heads of other Federal departments and agencies, as appropriate.

(“(e) Technical Assistance, Training, and Information.— The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services.

(“(f) Transportation Planning.— The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes.

(“(g) Information Clearinghouse.— The Secretary shall— maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle (including the amendments made by this subtitle); and make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. 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). If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section. Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code.

(“(h) Advisory Committee.— The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this subtitle. The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum— a representative from a State highway department; a representative from a local highway department who is not from a metropolitan planning organization; a representative from a State, local, or regional transit agency; a representative from a metropolitan planning organization; a private sector user of intelligent transportation system technologies; 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; an academic researcher who is a civil engineer; an academic researcher who is a social scientist with expertise in transportation issues; a representative from a nonprofit group representing the intelligent transportation system industry; a representative from a public interest group concerned with safety; a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and members with expertise in planning, safety, and operations. The Advisory Committee shall, at a minimum, perform the following duties: Provide input into the development of the Intelligent Transportation System aspects of the 5-year strategic plan under [section] 6503 of title 49, United States Code. Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine— whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and the appropriate roles for government and the private sector in investing in the research and technologies being considered. Not later than February 1 of each year after the date of enactment of this Act [ Aug. 10, 2005 ], the Secretary shall transmit to the Congress a report including— all recommendations made by the Advisory Committee during the preceding calendar year; an explanation of how the Secretary has implemented those recommendations; and for recommendations not implemented, the reasons for rejecting the recommendations. The Advisory Committee shall be subject to chapter 10 of title 5, United States Code.

(“(i) Reporting.— The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under this subtitle. The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity 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. The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the reporting 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. 5306 RESEARCH AND DEVELOPMENT.

(“(a) In General.— The Secretary [of Transportation] 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 [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59 , enacting this section and section 513 of this title ].

(“(b) Priority Areas.— Under the program, the Secretary shall give higher priority to funding projects that— enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products; utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems with goals of— reducing metropolitan congestion by not less than 5 percent by 2010; ensuring that a national, interoperable 5–1–1 system, along with a national traffic information system that includes a user-friendly, comprehensive website, is fully implemented for use by travelers throughout the United States by September 30, 2010 ; and improving incident management response, particularly in rural areas, so that rural emergency response times are reduced by an average of 10 minutes; and improving communication between emergency care providers and trauma centers; incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services; enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; and facilitate the integration of intelligent infrastructure, vehicle, and control technologies.

(“(c) Federal Share.— The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 [sic].

“SEC. 5307 NATIONAL ARCHITECTURE AND STANDARDS.

(“(a) In General.— Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note; 110 Stat. 783 ), the Secretary [of Transportation] 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. To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. In carrying out this section, the Secretary shall use the services of such standards development organizations as the Secretary determines to be appropriate. The Secretary shall designate a panel of experts to recommend ways to expedite and streamline the process for developing the standards and protocols to be developed pursuant to paragraph (1). The expert panel shall not be subject to chapter 10 of title 5, United States Code. Not later than September 30, 2007 , the expert panel shall provide the Secretary with a recommendation relating to such standards development.

(“(b) Provisional Standards.— 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, using, to the extent practicable, the work product of appropriate standards development organizations. 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.— 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). The Secretary may authorize exceptions to paragraph (1) for— projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508 of title 23 , United States Code; or the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this Act [ Aug. 10, 2005 ] if the Secretary determines that the upgrade or expansion— would not adversely affect the goals or purposes of this subtitle [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59 , enacting this section and section 513 of this title ]; is carried out before the end of the useful life of such system; and is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). 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 Act.

“SEC. 5308 ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.

(“(a) Establishment.— The Secretary [of Transportation] shall establish a road weather research and development program to— maximize use of available road weather information and technologies; expand road weather research and development efforts to enhance roadway safety, capacity, and efficiency while minimizing environmental impacts; and promote technology transfer of effective road weather scientific and technological advances.

(“(b) Stakeholder Input.— In carrying out this section, 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.

(“(c) Contents.— The program established under this section 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— integrating existing observational networks and data management systems for road weather applications; improving weather modeling capabilities and forecast tools, such as the road surface and atmospheric interface; enhancing mechanisms for communicating road weather information to users, such as transportation officials and the public; and integrating road weather technologies into an information infrastructure.

(“(d) Activities.— In carrying out this section, the Secretary shall— enable efficient technology transfer; improve education and training of road weather information users, such as State and local transportation officials and private sector transportation contractors; and coordinate with transportation weather research programs in other modes, such as aviation.

(“(e) Funding.— In awarding funds under this section, the Secretary shall give preference to applications with significant matching funds from non-Federal sources. Of the amounts made available by section 5101(a)(5) of this Act [ 119 Stat. 1779 ], $5,000,000 for each of fiscal years 2006 through 2009 shall be available to carry out this section.

“SEC. 5309 CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.

(“(a) Establishment.— The Secretary [of Transportation] shall establish 4 centers for surface transportation excellence.

(“(b) Goals.— The goals of the centers for surface transportation excellence are to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance.

(“(c) Role of Centers.— To achieve the goals set forth in subsection (b), the Secretary shall establish the 4 centers as follows: To provide technical assistance, information sharing of best practices, and training in the use of tools and decision-making processes that can assist States in planning and delivering environmentally sound surface transportation projects. To develop and disseminate advanced transportation safety techniques and innovations in both rural areas and urban communities. The center will use a controlled access highway with state-of-the-art features, to test safety devices and techniques that enhance driver performance, examine advanced pavement and lighting systems, and develop techniques to address older driver and fatigue driver issues. To provide research, training, and outreach on innovative uses of technology to enhance rural safety and economic development, assess local community needs to improve access to mobile emergency treatment, and develop online and seminar training needs of rural transportation practitioners and policy-makers. To provide support to State transportation departments in the development of finance plans and project oversight tools and to develop and offer training in state-of-the-art financing methods to advance projects and leverage funds.

(“(d) Funding.— Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 ], $3,750,000foreachoffiscalyears2006through2009shallbeavailabletocarryoutthissection.Ofthefundsmadeavailableunderparagraph(1)theSecretaryshallusesuchamountsasfollows:$1,250,000 to establish the Center for Environmental Excellence. $750,000toestablishtheCenterforExcellenceinSurfaceTransportationSafetyattheVirginiaTechTransportationInstitute.$875,000 to establish the Center for Excellence in Rural Safety at the Hubert H. Humphrey Institute, Minnesota. $875,000 to establish the Center for Excellence in Project Finance. Funds authorized by 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 the Federal share shall be 100 percent.

(“(e) Program Administration.— A party entering into a contract, cooperative agreement, or other transaction with the Secretary, or receiving a grant to perform research or provide technical assistance under subsections (d)(2)(A) and (d)(2)(D) shall be selected on a competitive basis, to the maximum extent practicable. The Secretary shall require each center to develop a multiyear strategic plan that describes— the activities to be undertaken; and how the work of the center is coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized by this title [see Tables for classification]. Such plans shall be submitted to the Secretary by January 1, 2006 , and each year thereafter.

“SEC. 5310 DEFINITIONS.

“In this subtitle [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59 , enacting this section and section 513 of this title ], the following definitions apply: The term ‘incident’ means a crash, a natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. The term ‘intelligent transportation infrastructure’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary [of Transportation]. The term ‘intelligent transportation system’ means electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. The term ‘national architecture’ means the common framework for interoperability that defines— the functions associated with intelligent transportation system user services; the physical entities or subsystems within which the functions reside; the data interfaces and information flows between physical subsystems; and the communications requirements associated with the information flows. The term ‘project’ means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle. The term ‘standard’ means a document that— 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 may support the national architecture and promote— the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and interoperability among intelligent transportation system technologies implemented throughout the States. The term ‘State’ has the meaning given the term under section 101 of title 23 , United States Code. The term ‘transportation systems management and operations’ has the meaning given the term under section 101(a) of title 23 , United States Code [ section 101(a) of this title does not define the term].”

§ 513 Use of funds for ITS activities

(a) Definitions.— In this section, the following definitions apply: The term “eligible entity” means a State or local government, tribal government, transit agency, public toll authority, metropolitan planning organization, other political subdivision of a State or local government, or a multistate or multijurisdictional group applying through a single lead applicant. The term “multijurisdictional group” means a combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that— have signed a written agreement to implement an activity that meets the grant criteria under this section; and is comprised of at least 2 members, each of whom is an eligible entity.

(b) Purpose.— The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs.

(c) ITS Adoption.— The Secretary shall encourage the deployment of ITS technologies that will improve the performance of the National Highway System in such areas as traffic operations, emergency response, incident management, surface transportation network management, freight management, traffic flow information, and congestion management by accelerating the adoption of innovative technologies through the use of— demonstration programs; grant funding; incentives to eligible entities; and other tools, strategies, or methods that will result in the deployment of innovative ITS technologies. To carry out this section, the Secretary shall develop a detailed and comprehensive plan that addresses the manner in which incentives may be adopted, as appropriate, through the existing deployment activities carried out by surface transportation modal administrations.

§ 514 Goals and purposes

(a) Goals.— The goals of the intelligent transportation system program include— 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; achievement of national transportation safety goals, including enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to collisions, with particular emphasis on decreasing the number and severity of collisions; 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; accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities); enhancement of national defense mobility and improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters; and enhancement of the national freight system and support to national freight policy goals.

(b) Purposes.— The Secretary shall implement activities under the intelligent transportation system program, at a minimum— to expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; to ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process; to improve regional cooperation and operations planning for effective intelligent transportation system deployment; to promote the innovative use of private resources in support of intelligent transportation system development; to facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems; to support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations; to develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; to provide continuing support for operations and maintenance of intelligent transportation systems; to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users; and to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles.

§ 515 General authorities and requirements

(a) Scope.— Subject to the provisions of sections 512 through 518, the Secretary shall conduct an ongoing intelligent transportation system program— to research, develop, and operationally test intelligent transportation systems; and to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.

(b) Policy.— Intelligent transportation system research projects and operational tests funded pursuant to sections 512 through 518 shall encourage and not displace public-private partnerships or private sector investment in those 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 private sector firms of the United States, the Federal laboratories, and institutions of higher education, 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 shall consult with the heads of other Federal agencies, as appropriate.

(e) Technical Assistance, Training, and Information.— The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services.

(f) Transportation Planning.— The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes.

(g) Information Clearinghouse.— The Secretary shall— maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under sections 512 through 518; and make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. 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). If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section. Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code.

(h) Advisory Committee.— The Secretary shall establish an Advisory Committee (referred to in this subsection as the “Advisory Committee”) to advise the Secretary on carrying out sections 512 through 518. The Advisory Committee shall have no more than 25 members, be balanced between metropolitan and rural interests, and include, at a minimum— a representative from a State highway department; a representative from a local highway department who is not from a metropolitan planning organization; a representative from a State, local, or regional transit agency; a representative from a State, local, or regional wildlife, land use, or resource management agency; a representative from a metropolitan planning organization; a representative of a national transit association; a representative of a national, State, or local transportation agency or association; a private sector user of intelligent transportation system technologies; a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies; 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; an academic researcher who is a civil engineer; an academic researcher who is a social scientist with expertise in transportation issues; an academic researcher who is a biological or ecological scientist with expertise in transportation issues; a representative from a nonprofit group representing the intelligent transportation system industry; a representative from a public interest group concerned with safety; a representative of a labor organization; a representative of a mobility-providing entity; an expert in traffic management; a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and members with expertise in planning, safety, telecommunications, and operations; an expert in cybersecurity; and an automobile manufacturer. The term of a member of the Advisory Committee shall be 3 years. On expiration of the term of a member of the Advisory Committee, the member— may be reappointed; or if the member is not reappointed under clause (i), may serve until a new member is appointed. The Advisory Committee— shall convene not less frequently than twice each year; and may convene with the use of remote video conference technology. The Advisory Committee shall, at a minimum, perform the following duties: Provide input into the development of the intelligent transportation system aspects of the strategic plan under section 6503 of title 49 . Review, at least annually, areas of intelligent transportation systems programs and research being considered for funding by the Department, to determine— whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and the appropriate roles for government and the private sector in investing in the programs, research, and technologies being considered. Not later than May 1 of each year, the Secretary shall make available to the public on a Department of Transportation website a report that includes— all recommendations made by the Advisory Committee during the preceding calendar year; an explanation of the manner in which the Secretary has implemented those recommendations; and for recommendations not implemented, the reasons for rejecting the recommendations. The Advisory Committee shall be subject to chapter 10 of title 5, United States Code.

(i) Reporting.— The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under sections 512 through 518. The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity 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 sections 512 through 518. The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment activity under sections 512 through 518 shall not be subject to chapter 35 of title 44, United States Code.

§ 516 Research and development

(a) In General.— The Secretary shall carry out a comprehensive program of intelligent transportation system research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter.

(b) Priority Areas.— Under the program, the Secretary shall give higher priority to funding projects that— enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products; use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems; incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services; enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems, including animal detection systems to reduce the number of wildlife-vehicle collisions; or facilitate the integration of intelligent infrastructure, vehicle, and control technologies.

(c) Federal Share.— The Federal share payable on account of any project or activity carried out under subsection (a) shall not exceed 80 percent.

§ 517 National architecture and standards

(a) In General.— In accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U.S.C. 272 note; 110 Stat. 783 ; 115 Stat. 1241 ), the Secretary shall develop and maintain a national ITS architecture and supporting ITS standards and protocols to promote the use of systems engineering methods in the widespread deployment and evaluation of intelligent transportation systems as a component of the surface transportation systems of the United States. To the maximum extent practicable, the national ITS architecture and supporting ITS standards and protocols shall promote interoperability among, and efficiency of, intelligent transportation systems and technologies implemented throughout the United States. In carrying out this section, the Secretary shall support the development and maintenance of standards and protocols using the services of such standards development organizations as the Secretary determines to be necessary and whose memberships include representatives of the surface transportation and intelligent transportation systems industries.

(b) Standards for National Policy Implementation.— If the Secretary finds that a standard is necessary for implementation of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders, may establish and require the use of that standard.

(c) Provisional Standards.— If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the maximum extent practicable, the work product of appropriate standards development organizations. 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.

(d) Conformity With National Architecture.— Except as provided in paragraph (2), the Secretary shall ensure that intelligent transportation system projects carried out using amounts made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under subsection (a) or (c). The Secretary, at the discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508. 1

§ 518 Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment

(a) In General.— Not later than July 6, 2016 , the Secretary shall make available to the public on a Department of Transportation website a report that— assesses the status of dedicated short-range communications technology and applications developed through research and development; analyzes the known and potential gaps in short-range communications technology and applications; defines a recommended implementation path for dedicated short-range communications technology and applications that— is based on the assessment described in paragraph (1); and takes into account the analysis described in paragraph (2); includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the National ITS Architecture and ITS Standards; and ensures competition by not preferencing the use of any particular frequency for vehicle to infrastructure operations.

(b) Report Review.— The Secretary shall enter into agreements with the National Research Council and an independent third party with subject matter expertise for the review of the report described in subsection (a).

§ 519 Infrastructure development

Funds made available to carry out this chapter for operational tests of intelligent transportation systems— shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. (Added Pub. L. 114–94, div. A, title VI, § 6010(a) , Dec. 4, 2015 , 129 Stat. 1567 .)

§ 520 Transportation Resilience and Adaptation Centers of Excellence

(a) Definition of Center of Excellence.— In this section, the term “Center of Excellence” means a Center of Excellence for Resilience and Adaptation designated under subsection (b).

(b) Designation.— The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.

(c) Eligibility.— An entity eligible to be designated as a Center of Excellence is— an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or a consortium of nonprofit organizations led by an institution of higher education.

(d) Application.— To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section.

(e) Selection.— The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled “Standard Federal Regions” and dated April 1974 (circular A–105). The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers. In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider— the past experience and performance of the eligible entity in carrying out activities described in subsection (g); the merits of the proposal of an eligible entity and the extent to which the proposal would— advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems; support activities carried out under the PROTECT program under section 176; support and build on work being carried out by another Federal agency relating to resilience; inform transportation decisionmaking at all levels of government; engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban, and land use planning, natural resources, environmental protection, hazard mitigation, and emergency management; and engage community groups and other stakeholders that will be affected by transportation decisions, including underserved, economically disadvantaged, rural, and predominantly minority communities; and the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity.

(f) Grants.— Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g).

(g) Activities.— In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through— supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 ), relevant feasibility analyses of resilient transportation improvements, and transportation resilience planning; development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure; development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation; development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities; technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders— to assess the vulnerability of transportation infrastructure assets and systems; to develop community response strategies; to meaningfully engage with community stakeholders; and to develop strategies and improvements for enhancing transportation infrastructure resilience under current conditions and a range of potential future conditions; workforce development and training; development and dissemination of data, tools, techniques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; education and outreach regarding transportation infrastructure resilience; and technology transfer and commercialization.

(h) Federal Share.— The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent.