§ 501. Definitions

In this chapter, the following definitions apply:

• (1) The term “Federal laboratory” includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory.
• (2) 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.
• (3) The term “innovation lifecycle” means the process of innovating through—
  • (A) the identification of a need;
  • (B) the establishment of the scope of research to address that need;
  • (C) setting an agenda;
  • (D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and
  • (E) carrying out an evaluation of the costs and benefits of the resulting technology or innovation.
• (4) The term “intelligent transportation infrastructure” means fully integrated public sector intelligent transportation system components, as defined by the Secretary.
• (5) 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.
• (6) For purposes of this chapter, the term “national architecture” means the common framework for interoperability that defines—
  • (A) the functions associated with intelligent transportation system user services;
  • (B) the physical entities or subsystems within which the functions reside;
  • (C) the data interfaces and information flows between physical subsystems; and
  • (D) the communications requirements associated with the information flows.
• (7) 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.
• (8) 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.
• (9) The term “standard” means a document that—
  • (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and
  • (B) may support the national architecture and promote—
    • (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and
    • (ii) interoperability among intelligent transportation system technologies implemented throughout the States.

§ 502. Surface transportation research, development, and technology

• (a)
  • (1) The research, development, and technology provisions of this section shall apply throughout this chapter.
  • (2) 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.
  • (3) Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work—
    • (A) is of national significance;
    • (B) delivers a clear public benefit and occurs where private sector investment is less than optimal;
    • (C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently;
    • (D) meets and addresses current or emerging needs;
    • (E) addresses current gaps in research;
    • (F) presents the best means to align resources with multiyear plans and priorities;
    • (G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers;
    • (H) educates transportation professionals; or
    • (I) presents the best means to support Federal policy goals compared to other policy alternatives.
  • (4) Consistent with these Federal responsibilities, the Secretary shall—
    • (A) conduct research;
    • (B) partner with State highway agencies and other stakeholders as appropriate to facilitate research and technology transfer activities;
    • (C) communicate the results of ongoing and completed research;
    • (D) lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment;
    • (E) leverage partnerships with industry, academia, international entities, and State departments of transportation;
    • (F) lead efforts to reduce unnecessary duplication of effort; and
    • (G) lead efforts to accelerate innovation delivery.
  • (5) A surface transportation research program shall include—
    • (A) fundamental, long-term highway research;
    • (B) research aimed at significant highway research gaps and emerging issues with national implications; and
    • (C) research related to all highway objectives seeking to improve the performance of the transportation system.
  • (6) 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.
  • (7) 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.
  • (8)
    • (A) To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation.
    • (B) 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.
    • (C) To the maximum extent practicable, each program pursued under this chapter shall be part of a data-driven, outcome-oriented program plan.
    • (D) All evaluations under this paragraph shall be made readily available to the public.
  • (9) 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)
  • (1) The Secretary may carry out research, development, and technology transfer activities with respect to—
    • (A) motor carrier transportation;
    • (B) all phases of transportation planning and development (including construction, operation, transportation system management and operations, modernization, development, design, maintenance, safety, financing, and traffic conditions); and
    • (C) the effect of State laws on the activities described in subparagraphs (A) and (B).
  • (2) The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process.
  • (3) The Secretary may carry out research, development, and technology transfer activities related to transportation—
    • (A) independently;
    • (B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or
    • (C) by making grants to, or entering into contracts and cooperative agreements with one or more of the following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or any other person.
  • (4) 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 .
  • (5)
    • (A) 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.
    • (B) 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.
  • (6)
    • (A) To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis.
    • (B) 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.
    • (C) 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.
    • (D) 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.
  • (7)
    • (A) 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.
    • (B) In selecting topics for prize competitions under this paragraph, the Secretary shall—
      • (i) consult with a wide variety of governmental and nongovernmental representatives; and
      • (ii) give consideration to prize goals that demonstrate innovative approaches and strategies to improve the safety, efficiency, and sustainability of the national transportation system.
    • (C) The Secretary shall encourage participation in the prize competitions through advertising efforts.
    • (D) For each prize competition, the Secretary shall publish a notice on a public website that describes—
      • (i) the subject of the competition;
      • (ii) the eligibility rules for participation in the competition;
      • (iii) the amount of the prize; and
      • (iv) the basis on which a winner will be selected.
    • (E) An individual or entity may not receive a prize under this paragraph unless the individual or entity—
      • (i) has registered to participate in the competition pursuant to any rules promulgated by the Secretary under this section;
      • (ii) has complied with all requirements under this paragraph;
      • (iii)
        • (I) in the case of a private entity, is incorporated in, and maintains a primary place of business in, the United States; or
        • (II) in the case of an individual, whether participating singly or in a group, is a citizen or permanent resident of the United States;
      • (iv) is not a Federal entity or Federal employee acting within the scope of his or her employment; and
      • (v) has not received a grant to perform research on the same issue for which the prize is awarded.
    • (F)
      • (i)
        • (I) 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.
        • (II) In this subparagraph, the term “related entity” means a contractor, subcontractor (at any tier), supplier, user, customer, cooperating party, grantee, investigator, or detailee.
      • (ii) A participant shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by—
        • (I) 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
        • (II) the Federal Government for damage or loss to Government property resulting from such an activity.
    • (G)
      • (i) 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).
      • (ii) Judges for each competition shall include individuals from outside the Federal Government, including the private sector.
      • (iii) A judge selected under this subparagraph may not—
        • (I) 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
        • (II) have a familial or financial relationship with an individual who is a registered participant.
    • (H) The Secretary may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this paragraph.
    • (I)
      • (i)
        • (I) A cash prize under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector.
        • (II) The Secretary may accept funds from other Federal agencies, State and local governments, and metropolitan planning organizations for a cash prize under this paragraph.
        • (III) The Secretary may not give any special consideration to any private sector entity in return for a donation under this subparagraph.
      • (ii) Notwithstanding any other provision of law, amounts appropriated for prize awards under this paragraph—
        • (I) shall remain available until expended; and
        • (II) 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.
      • (iii) 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 ).
      • (iv) 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.
      • (v) The Secretary may increase the amount of a prize after the initial announcement of the prize under this paragraph if—
        • (I) notice of the increase is provided in the same manner as the initial notice of the prize; and
        • (II) 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.
      • (vi) A prize competition under this paragraph may offer a prize in an amount greater than $1,000,000 only after 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives.
      • (vii) A prize competition under this section may not result in the award of more than $25,000 in cash prizes without the approval of the Secretary.
    • (J) 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.
    • (K)
      • (i) 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.
      • (ii)
        • (I) 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.
        • (II) A report under this subparagraph shall include, for each prize competition under subparagraph (A)—
• (c)
  • (1) To encourage innovative solutions to surface transportation problems and stimulate the deployment of new technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with—
    • (A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; and
    • (B) Federal laboratories.
  • (2) 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.
  • (3)
    • (A) 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.
    • (B) All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A).
  • (4) 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.).
  • (5) Section 6101(b) to (d) of title 41 shall not apply to a contract or agreement entered into under this chapter.

§ 503. Research and technology development and deployment

• (a) The Secretary shall—
  • (1) carry out research, development, and deployment activities that encompass the entire innovation lifecycle; and
  • (2) ensure that all research carried out under this section aligns with the transportation research and development strategic plan of the Secretary under section 508. 1 1 See References in Text note below.
• (b)
  • (1) In carrying out the highway research and development program, the Secretary, to address current and emerging highway transportation needs, shall—
    • (A) identify research topics;
    • (B) coordinate research and development activities;
    • (C) carry out research, testing, and evaluation activities; and
    • (D) provide technology transfer and technical assistance.
  • (2)
    • (A) The Secretary shall carry out research and development activities from an integrated perspective to establish and implement systematic measures to improve highway safety.
    • (B) In carrying out this paragraph, the Secretary shall carry out research and development activities—
      • (i) to achieve greater long-term safety gains;
      • (ii) to reduce the number of fatalities and serious injuries on public roads;
      • (iii) to fill knowledge gaps that limit the effectiveness of research;
      • (iv) to support the development and implementation of State strategic highway safety plans;
      • (v) to advance improvements in, and use of, performance prediction analysis for decisionmaking; and
      • (vi) to expand technology transfer to partners and stakeholders.
    • (C) Research and technology activities carried out under this paragraph may include—
      • (i) safety assessments and decisionmaking tools;
      • (ii) data collection and analysis;
      • (iii) crash reduction projections;
      • (iv) low-cost safety countermeasures;
      • (v) innovative operational improvements and designs of roadway and roadside features;
      • (vi) evaluation of countermeasure costs and benefits;
      • (vii) development of tools for projecting impacts of safety countermeasures;
      • (viii) rural road safety measures;
      • (ix) safety measures for vulnerable road users, including bicyclists and pedestrians;
      • (x) safety policy studies;
      • (xi) human factors studies and measures;
      • (xii) safety technology deployment;
      • (xiii) safety workforce professional capacity building initiatives;
      • (xiv) safety program and process improvements; and
      • (xv) tools and methods to enhance safety performance, including achievement of statewide safety performance targets.
  • (3)
    • (A) The Secretary shall carry out and facilitate highway and bridge infrastructure research and development activities—
      • (i) to maintain infrastructure integrity;
      • (ii) to meet user needs; and
      • (iii) to link Federal transportation investments to improvements in system performance.
    • (B) In carrying out this paragraph, the Secretary shall carry out research and development activities—
      • (i) to reduce the number of fatalities attributable to infrastructure design characteristics and work zones;
      • (ii) to improve the safety and security of highway infrastructure;
      • (iii) to increase the reliability of lifecycle performance predictions used in infrastructure design, construction, and management;
      • (iv) to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost;
      • (v) to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, and construction;
      • (vi) to improve highway condition and performance through increased use of design, materials, construction, and maintenance innovations;
      • (vii) to reduce the environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and
      • (viii) to study vulnerabilities of the transportation system to seismic activities and extreme events and methods to reduce those vulnerabilities.
    • (C) Research and technology activities carried out under this paragraph may include—
      • (i) long-term infrastructure performance programs addressing pavements, bridges, tunnels, and other structures;
      • (ii) short-term and accelerated studies of infrastructure performance;
      • (iii) research to develop more durable infrastructure materials and systems;
      • (iv) advanced infrastructure design methods;
      • (v) accelerated highway and bridge construction;
      • (vi) performance-based specifications;
      • (vii) construction and materials quality assurance;
      • (viii) comprehensive and integrated infrastructure asset management;
      • (ix) infrastructure safety assurance;
      • (x) sustainable infrastructure design and construction;
      • (xi) infrastructure rehabilitation and preservation techniques, including techniques to rehabilitate and preserve historic infrastructure;
      • (xii) hydraulic, geotechnical, and aerodynamic aspects of infrastructure;
      • (xiii) improved highway construction technologies and practices;
      • (xiv) improved tools, technologies, and models for infrastructure management, including assessment and monitoring of infrastructure condition;
      • (xv) studies to improve flexibility and resiliency of infrastructure systems to withstand climate variability;
      • (xvi) studies on the effectiveness of fiber-based additives to improve the durability of surface transportation materials in various geographic regions;
      • (xvii) studies of infrastructure resilience and other adaptation measures;
      • (xviii) 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; and
      • (xix) 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.
    • (D)
      • (i) 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.
      • (ii) 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.
      • (iii) In carrying out the study, the Comptroller shall consult with, at a minimum—
        • (I) the American Association of State Highway and Transportation Officials;
        • (II) appropriate experts in the field of lifecycle cost analysis; and
        • (III) appropriate industry experts and research centers.
    • (E) 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—
      • (i) a summary of the latest research on lifecycle cost analysis; and
      • (ii) recommendations on the appropriate—
        • (I) period of analysis;
        • (II) design period;
        • (III) discount rates; and
        • (IV) use of actual material life and maintenance cost data.
  • (4)
    • (A) The Secretary may carry out research—
      • (i) to minimize the cost of transportation planning and environmental decisionmaking processes;
      • (ii) to improve transportation planning and environmental decisionmaking processes; and
      • (iii) to minimize the potential impact of surface transportation on the environment.
    • (B) In carrying out this paragraph the Secretary may carry out research and development activities—
      • (i) to minimize the cost of highway infrastructure and operations;
      • (ii) to reduce the potential impact of highway infrastructure and operations on the environment;
      • (iii) to advance improvements in environmental analyses and processes and context sensitive solutions for transportation decisionmaking;
      • (iv) to improve construction techniques;
      • (v) to accelerate construction to reduce congestion and related emissions;
      • (vi) to reduce the impact of highway runoff on the environment;
      • (vii) to improve understanding and modeling of the factors that contribute to the demand for transportation; and
      • (viii) to improve transportation planning decisionmaking and coordination.
    • (C) Research and technology activities carried out under this paragraph may include—
      • (i) creation of models and tools for evaluating transportation measures and transportation system designs, including the costs and benefits;
      • (ii) congestion reduction efforts;
      • (iii) transportation and economic development planning in rural areas and small communities;
      • (iv) improvement of State, local, and tribal government capabilities relating to surface transportation planning and the environment; and
      • (v) streamlining of project delivery processes.
  • (5)
    • (A) The Secretary shall carry out research under this paragraph with the goals of—
      • (i) addressing congestion problems;
      • (ii) reducing the costs of congestion;
      • (iii) improving freight movement;
      • (iv) increasing productivity; and
      • (v) improving the economic competitiveness of the United States.
    • (B) In carrying out this paragraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential—
      • (i) to reduce traffic congestion;
      • (ii) to improve freight movement; and
      • (iii) to reduce freight-related congestion throughout the transportation network.
    • (C) Research and technology activities carried out under this paragraph may include—
      • (i) active traffic and demand management;
      • (ii) acceleration of the implementation of Intelligent Transportation Systems technology;
      • (iii) advanced transportation concepts and analysis;
      • (iv) arterial management and traffic signal operation;
      • (v) congestion pricing;
      • (vi) corridor management;
      • (vii) emergency operations;
      • (viii) research relating to enabling technologies and applications;
      • (ix) freeway management;
      • (x) evaluation of enabling technologies;
      • (xi) impacts of vehicle size and weight on congestion;
      • (xii) freight operations and technology;
      • (xiii) operations and freight performance measurement and management;
      • (xiv) organization and planning for operations;
      • (xv) planned special events management;
      • (xvi) real-time transportation information;
      • (xvii) road weather management;
      • (xviii) traffic and freight data and analysis tools;
      • (xix) traffic control devices;
      • (xx) traffic incident management;
      • (xxi) work zone management;
      • (xxii) communication of travel, roadway, and emergency information to persons with disabilities;
      • (xxiii) research on enhanced mode choice and intermodal connectivity;
      • (xxiv) techniques for estimating and quantifying public benefits derived from freight transportation projects; and
      • (xxv) other research areas to identify and address emerging needs related to freight transportation by all modes.
  • (6) The Secretary shall carry out research and development activities relating to exploratory advanced research—
    • (A) to leverage the targeted capabilities of the Turner-Fairbank Highway Research Center to develop technologies and innovations of national importance; and
    • (B) to develop potentially transformational solutions to improve the durability, efficiency, environmental impact, productivity, and safety aspects of highway and intermodal transportation systems.
  • (7)
    • (A) The Secretary shall continue to operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center.
    • (B) The Turner-Fairbank Highway Research Center shall support—
      • (i) the conduct of highway research and development relating to emerging highway technology;
      • (ii) 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;
      • (iii) the development of innovative highway products and practices; and
      • (iv) the conduct of long-term, high-risk research to improve the materials used in highway infrastructure.
  • (8)
    • (A) 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 future highway and bridge needs of the United States and the backlog of current highway and bridge needs.
    • (B) 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.
    • (C) Each report under subparagraph (A) shall provide recommendations to Congress on changes to the highway performance monitoring system that address—
      • (i) 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
      • (ii) 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.
• (c)
  • (1) The Secretary shall carry out a technology and innovation deployment program relating to all aspects of highway transportation, including planning, financing, operation, structures, materials, pavements, environment, construction, and the duration of time between project planning and project delivery, with the goals of—
    • (A) significantly accelerating the adoption of innovative technologies by the surface transportation community;
    • (B) 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;
    • (C) constructing longer-lasting highways through the use of innovative technologies and practices that lead to faster construction of efficient and safe highways and bridges;
    • (D) improving highway efficiency, safety, mobility, reliability, service life, environmental protection, and sustainability; and
    • (E) developing and deploying new tools, techniques, and practices to accelerate the adoption of innovation in all aspects of highway transportation.
  • (2)
    • (A) 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.
    • (B) In carrying out the program established under paragraph (1), the Secretary shall—
      • (i) establish and carry out demonstration programs;
      • (ii) provide technical assistance, and training to researchers and developers; and
      • (iii) develop improved tools and methods to accelerate the adoption of proven innovative practices and technologies as standard practices.
    • (C)
      • (i) 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.
      • (ii) 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).
      • (iii) The Secretary may use funds made available to carry out this subsection for administrative costs under this subparagraph.
  • (3)
    • (A) 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.
    • (B) The goals of the accelerated implementation and deployment of pavement technologies program shall include—
      • (i) the deployment of new, cost-effective designs, materials, recycled materials, and practices to extend the pavement life and performance and to improve user satisfaction;
      • (ii) the reduction of initial costs and lifecycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation;
      • (iii) the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion;
      • (iv) the deployment of engineering design criteria and specifications for new and efficient practices, products, and materials for use in highway pavements;
      • (v) the deployment of new nondestructive and real-time pavement evaluation technologies and construction techniques; and
      • (vi) effective technology transfer and information dissemination to accelerate implementation of new technologies and to improve life, performance, cost effectiveness, safety, and user satisfaction.
    • (C) The Secretary shall obligate for each of fiscal years 2016 through 2020 from funds made available to carry out this subsection $12,000,000 to accelerate the deployment and implementation of pavement technology.
    • (D)
      • (i) Not less frequently than annually, the Secretary shall issue and make available to the public on an Internet website a report on the cost and benefits from deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph.
      • (ii) The report under clause (i) may include an analysis of—
        • (I) Federal, State, and local cost savings;
        • (II) project delivery time improvements;
        • (III) reduced fatalities; and
        • (IV) congestion impacts.
  • (4)
    • (A) Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish an advanced transportation and congestion management technologies deployment initiative to provide grants to eligible entities to develop model deployment sites for large scale installation and operation of advanced transportation technologies to improve safety, efficiency, system performance, and infrastructure return on investment.
    • (B) The Secretary shall develop criteria for selection of an eligible entity to receive a grant under this paragraph, including how the deployment of technology will—
      • (i) reduce costs and improve return on investments, including through the enhanced use of existing transportation capacity;
      • (ii) deliver environmental benefits that alleviate congestion and streamline traffic flow;
      • (iii) measure and improve the operational performance of the applicable transportation network;
      • (iv) reduce the number and severity of traffic crashes and increase driver, passenger, and pedestrian safety;
      • (v) collect, disseminate, and use real-time traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation;
      • (vi) monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair;
      • (vii) deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services; or
      • (viii) accelerate the deployment of vehicle-to-vehicle, vehicle-to-infrastructure, autonomous vehicles, and other technologies.
    • (C)
      • (i) Not later than 6 months after the date of enactment of this paragraph, and for every fiscal year thereafter, the Secretary shall request applications in accordance with clause (ii).
      • (ii) An application submitted under this subparagraph shall include the following:
        • (I) A plan to deploy and provide for the long-term operation and maintenance of advanced transportation and congestion management technologies to improve safety, efficiency, system performance, and return on investment.
        • (II) Quantifiable system performance improvements, such as—
        • (III) Quantifiable safety, mobility, and environmental benefit projections such as data-driven estimates of how the project will improve the region’s transportation system efficiency and reduce traffic congestion.
        • (IV) A plan for partnering with the private sector or public agencies, including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, or other transportation stakeholders.
        • (V) A plan to leverage and optimize existing local and regional advanced transportation technology investments.
    • (D)
      • (i) Not later than 1 year after the date of enactment of this paragraph, and for every fiscal year thereafter, the Secretary shall award grants to not less than 5 and not more than 10 eligible entities.
      • (ii) In awarding a grant under this paragraph, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban and rural areas.
      • (iii) In awarding a grant under this paragraph, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse technology solutions.
    • (E) A grant recipient may use funds awarded under this paragraph to deploy advanced transportation and congestion management technologies, including—
      • (i) advanced traveler information systems;
      • (ii) advanced transportation management technologies;
      • (iii) infrastructure maintenance, monitoring, and condition assessment;
      • (iv) advanced public transportation systems;
      • (v) transportation system performance data collection, analysis, and dissemination systems;
      • (vi) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;
      • (vii) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems;
      • (viii) electronic pricing and payment systems; or
      • (ix) advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals.
    • (F) For each eligible entity that receives a grant under this paragraph, not later than 1 year after the entity receives the grant, and each year thereafter, the entity shall submit a report to the Secretary that describes—
      • (i) deployment and operational costs of the project compared to the benefits and savings the project provides; and
      • (ii) how the project has met the original expectations projected in the deployment plan submitted with the application, such as—
        • (I) data on how the project has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems;
        • (II) data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies;
        • (III) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and
        • (IV) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.
    • (G) Not later than 3 years after the date that the first grant is awarded under this paragraph, and each year thereafter, the Secretary shall make available to the public on an Internet website a report that describes the effectiveness of grant recipients in meeting their projected deployment plans, including data provided under subparagraph (F) on how the program has—
      • (i) reduced traffic-related fatalities and injuries;
      • (ii) reduced traffic congestion and improved travel time reliability;
      • (iii) reduced transportation-related emissions;
      • (iv) optimized multimodal system performance;
      • (v) improved access to transportation alternatives;
      • (vi) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;
      • (vii) provided cost savings to transportation agencies, businesses, and the traveling public; or
      • (viii) provided other benefits to transportation users and the general public.
    • (H) The Secretary may cease to provide additional grant funds to a recipient of a grant under this paragraph if—
      • (i) the Secretary determines from such recipient’s report that the recipient is not carrying out the requirements of the grant; and
      • (ii) the Secretary provides written notice 60 days prior to withholding funds to 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.
    • (I)
      • (i) From funds made available to carry out subsection (b), this subsection, and sections 512 through 518, the Secretary shall set aside for grants awarded under subparagraph (D) $60,000,000 for each of fiscal years 2016 through 2020.
      • (ii) Of the amounts set aside under clause (i), the Secretary may set aside $2,000,000 each fiscal year for program reporting, evaluation, and administrative costs related to this paragraph.
    • (J) The Federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed 50 percent of the cost of the project.
    • (K) The Secretary may not award more than 20 percent of the amount described under subparagraph (I) in a fiscal year to a single grant recipient.
    • (L) A grant recipient under this paragraph may use not more than 5 percent of the funds awarded each fiscal year to carry out planning and reporting requirements.
    • (M)
      • (i) If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications that meet the requirements described in subparagraph (C) to carry out this section for a fiscal year, the Secretary shall transfer to the programs specified in clause (ii)—
        • (I) any of the funds reserved for the fiscal year under subparagraph (I) that the Secretary has not yet awarded under this paragraph; and
        • (II) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subclause (I).
      • (ii) The programs referred to in clause (i) are—
        • (I) the program under subsection (b);
        • (II) the program under this subsection; and
        • (III) the programs under sections 512 through 518.
      • (iii) Any transfer of funds and obligation limitation under clause (i) shall be divided among the programs referred to in that clause in the same proportions as the Secretary originally reserved funding from the programs for the fiscal year under subparagraph (I).
    • (N) In this paragraph, the following definitions apply:
      • (i) The term “eligible entity” means a State or local government, a transit agency, metropolitan planning organization representing a population of over 200,000, or other political subdivision of a State or local government or a multijurisdictional group or a consortia of research institutions or academic institutions.
      • (ii) The term “advanced transportation and congestion management technologies” means technologies that improve the efficiency, safety, or state of good repair of surface transportation systems, including intelligent transportation systems.
      • (iii) The term “multijurisdictional group” means a any 2 2 So in original. combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State for which each member of the group—
        • (I) has signed a written agreement to implement the advanced transportation technologies deployment initiative across jurisdictional boundaries; and
        • (II) is an eligible entity under this paragraph.

§ 504. Training and education

• (a)
  • (1) 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.
  • (2) 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—
    • (A) Federal Highway Administration, State, and local transportation agency employees and the employees of any other applicable Federal agency;
    • (B) regional, State, and metropolitan planning organizations;
    • (C) State and local police, public safety, and motor vehicle employees; and
    • (D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of interest to the United States.
  • (3)
    • (A) The Institute shall—
      • (i) develop or update existing courses in asset management, including courses that include such components as—
        • (I) the determination of life-cycle costs;
        • (II) the valuation of assets;
        • (III) benefit-to-cost ratio calculations; and
        • (IV) objective decisionmaking processes for project selection; and
      • (ii) continually develop courses relating to the application of emerging technologies for—
        • (I) transportation infrastructure applications and asset management;
        • (II) intelligent transportation systems;
        • (III) operations (including security operations);
        • (IV) the collection and archiving of data;
        • (V) reducing the amount of time required for the planning and development of transportation projects; and
        • (VI) the intermodal movement of individuals and freight.
    • (B) 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.
    • (C) The Institute shall periodically—
      • (i) review the course inventory of the Institute; and
      • (ii) revise or cease to offer courses based on course content, applicability, and need.
  • (4) 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.
  • (5)
    • (A) 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—
      • (i) 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
      • (ii) by the State through grants, cooperative agreements, and contracts with public and private agencies, institutions, individuals, and the Institute.
    • (B) 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.
  • (6) The Institute may—
    • (A) engage in training activities authorized under this subsection, including the granting of training fellowships; and
    • (B) 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.
  • (7)
    • (A) 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.
    • (B) 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.
    • (C) Fees may be assessed and collected under this subsection only with respect to—
      • (i) persons and entities for whom education or training programs are developed or administered under this subsection; and
      • (ii) persons and entities to whom education or training is provided under this subsection.
    • (D) 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.
    • (E) 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.
  • (8) The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7).
• (b)
  • (1) The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to—
    • (A) highway and transportation agencies in urbanized and rural areas;
    • (B) contractors that perform work for the agencies; and
    • (C) infrastructure security staff.
  • (2) The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support services to—
    • (A) assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to—
      • (i) 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);
      • (ii) improve roads and bridges;
      • (iii) enhance—
        • (I) programs for the movement of passengers and freight; and
        • (II) intergovernmental transportation planning and project selection; and
      • (iv) deal effectively with special transportation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource materials;
    • (B) develop technical assistance for tourism and recreational travel;
    • (C) 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);
    • (D) operate, in cooperation with State transportation departments and universities—
      • (i) local technical assistance program centers designated to provide transportation technology transfer services to rural areas and to urbanized areas; and
      • (ii) local technical assistance program centers designated to provide transportation technical assistance to tribal governments; and
    • (E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation.
  • (3)
    • (A)
      • (i) 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.
      • (ii) 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.
    • (B) 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)
  • (1) 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.
  • (2)
    • (A) 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”.
    • (B) Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses.
• (d)
  • (1) The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation.
  • (2) The Secretary shall award grants under this subsection on the basis of competitive peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and secondary school level through such means as—
    • (A) internships that offer students experience in the transportation field;
    • (B) programs that allow students to spend time observing scientists and engineers in the transportation field; and
    • (C) developing relevant curriculum that uses examples and problems related to transportation.
  • (3)
    • (A) 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).
    • (B) In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities.
    • (C) 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.
  • (4) In this subsection, the following definitions apply:
    • (A) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).
    • (B) The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965.
    • (C) The term “State educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965.
• (e)
  • (1) 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—
    • (A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies;
    • (B) employee professional development;
    • (C) student internships;
    • (D) university or community college support;
    • (E) education activities, including outreach, to develop interest and promote participation in surface transportation careers;
    • (F) activities carried out by the National Highway Institute under subsection (a); and
    • (G) local technical assistance programs under subsection (b).
  • (2) 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)(G), for which the Federal share shall be 50 percent.
  • (3) 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.
• (f)
  • (1) The Secretary shall establish a program to make grants to institutions of higher education that, in partnership with industry or State departments of transportation, will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce.
  • (2) In selecting applications for awards under this subsection, the Secretary shall consider—
    • (A) the degree to which the new curricula or education program meets the specific needs of a segment of the transportation industry, States, or regions;
    • (B) providing for practical experience and on-the-job training;
    • (C) proposals oriented toward practitioners in the field rather than the support and growth of the research community;
    • (D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law;
    • (E) programs or curricula in nontraditional departments that train professionals for work in the transportation field, such as materials, information technology, environmental science, urban planning, and industrial technology; and
    • (F) the commitment of industry or a State’s department of transportation to the program.
  • (3) 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)
  • (1) The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to—
    • (A) better target investments in freight transportation systems to maintain efficiency and productivity; and
    • (B) strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems.
  • (2) 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.
  • (3) 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.
  • (4) The freight planning capacity building initiative shall include research, training, and education in the following areas:
    • (A) The identification and dissemination of best practices in freight transportation.
    • (B) Providing opportunities for freight transportation staff to engage in peer exchange.
    • (C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs.
    • (D) Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues.
    • (E) Facilitating relationship building between governmental and private entities involved in freight transportation.
    • (F) 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.
  • (5) 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.
  • (6) 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 or to 1 1 So in original. 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)
  • (1) The Secretary shall make grants under this section to establish and maintain centers for surface transportation excellence.
  • (2) 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.
  • (3) 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.
  • (4)
    • (A) 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.
    • (B) The Secretary shall require each center to develop a multiyear strategic plan, that—
      • (i) is submitted to the Secretary at such time as the Secretary requires; and
      • (ii) describes—
        • (I) the activities to be undertaken by the center; and
        • (II) 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.

§ 505. State planning and research

• (a) 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:
  • (1) Engineering and economic surveys and investigations.
  • (2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135.
  • (3) Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167.
  • (4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems.
  • (5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public transportation, and intermodal transportation systems.
  • (6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use.
  • (7) The conduct of activities relating to the planning of real-time monitoring elements.
• (b)
  • (1) Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems.
  • (2) The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certification.
  • (3) 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)
  • (1) 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.
  • (2) 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) 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) 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).

§ 510. Future strategic highway research program

• (a) 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) 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)
  • (1) The program established under this section shall be based on the National Research Council Special Report 260, entitled “Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life” and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20–58. The research program shall include an analysis of the following:
    • (A) Renewal of aging highway infrastructure with minimal impact to users of the facilities.
    • (B) Driving behavior and likely crash causal factors to support improved countermeasures.
    • (C) Reducing highway congestion due to nonrecurring congestion.
    • (D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs.
  • (2) 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) In carrying out the program under this section, the National Research Council shall ensure, to the maximum extent practicable, that—
  • (1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts;
  • (2) State department of transportation officials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees;
  • (3) the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and
  • (4) there is no duplication of research effort between the program and any other research effort of the Department.
• (e)
  • (1) The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation of the results of the future strategic highway research program.
  • (2) The report under paragraph (1) shall include with respect to the program—
    • (A) an identification of the most promising results of research under the program (including the persons most likely to use the results);
    • (B) a discussion of potential incentives for, impediments to, and methods of, implementing those results;
    • (C) an estimate of costs of implementation of those results; and
    • (D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best suited to carry out those recommendations.
  • (3) In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including—
    • (A) the Federal Highway Administration;
    • (B) the National Highway Traffic Safety Administration; and
    • (C) the American Association of State Highway and Transportation Officials.
  • (4) 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)
  • (1) 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.
  • (2) The Secretary may make advance payments as necessary to carry out the program under this section.
• (g)
  • (1) 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.
  • (2) 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.
  • (3) 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.
  • (4) 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) 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) 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) 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)
  • (1) 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.
  • (2) The National ITS program plan shall—
    • (A) specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the contexts of—
      • (i) major metropolitan areas;
      • (ii) smaller metropolitan and rural areas; and
      • (iii) commercial vehicle operations;
    • (B) 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;
    • (C) 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
    • (D) establish a cooperative process with State and local governments for—
      • (i) determining desired surface transportation system performance levels; and
      • (ii) developing plans for accelerating the incorporation of specific intelligent transportation system capabilities into surface transportation systems.
• (b) The National ITS program plan shall be submitted and biennially updated.

§ 513. Use of funds for ITS activities

• (a) In this section, the following definitions apply:
  • (1) 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.
  • (2) 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—
    • (A) have signed a written agreement to implement an activity that meets the grant criteria under this section; and
    • (B) is comprised of at least 2 members, each of whom is an eligible entity.
• (b) The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs.
• (c)
  • (1) 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—
    • (A) demonstration programs;
    • (B) grant funding;
    • (C) incentives to eligible entities; and
    • (D) other tools, strategies, or methods that will result in the deployment of innovative ITS technologies.
  • (2) 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) The goals of the intelligent transportation system program include—
  • (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users;
  • (2) achievement of national transportation safety goals, including 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;
  • (3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals;
  • (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities);
  • (5) 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
  • (6) enhancement of the national freight system and support to national freight policy goals.
• (b) The Secretary shall implement activities under the intelligent transportation system program, at a minimum—
  • (1) to expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation;
  • (2) to ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process;
  • (3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment;
  • (4) to promote the innovative use of private resources in support of intelligent transportation system development;
  • (5) to facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems;
  • (6) to support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations;
  • (7) to develop a workforce capable of developing, operating, and maintaining intelligent transportation systems;
  • (8) to provide continuing support for operations and maintenance of intelligent transportation systems;
  • (9) to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users; and
  • (10) 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) Subject to the provisions of sections 512 through 518, the Secretary shall conduct an ongoing intelligent transportation system program—
  • (1) to research, develop, and operationally test intelligent transportation systems; and
  • (2) to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.
• (b) 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) 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) In carrying out the intelligent transportation system program, the Secretary shall consult with the heads of other Federal agencies, as appropriate.
• (e) 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) 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)
  • (1) The Secretary shall—
    • (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under sections 512 through 518; and
    • (B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost.
  • (2)
    • (A) The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A).
    • (B) 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.
  • (3) Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code.
• (h)
  • (1) The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out sections 512 through 518.
  • (2) The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum—
    • (A) a representative from a State highway department;
    • (B) a representative from a local highway department who is not from a metropolitan planning organization;
    • (C) a representative from a State, local, or regional transit agency;
    • (D) a representative from a metropolitan planning organization;
    • (E) a private sector user of intelligent transportation system technologies;
    • (F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues;
    • (G) an academic researcher who is a civil engineer;
    • (H) an academic researcher who is a social scientist with expertise in transportation issues;
    • (I) a representative from a nonprofit group representing the intelligent transportation system industry;
    • (J) a representative from a public interest group concerned with safety;
    • (K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and
    • (L) members with expertise in planning, safety, telecommunications, utilities, and operations.
  • (3) The Advisory Committee shall, at a minimum, perform the following duties:
    • (A) Provide input into the development of the intelligent transportation system aspects of the strategic plan under section 508. 1 1 See References in Text note below.
    • (B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine—
      • (i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems;
      • (ii) whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and
      • (iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered.
  • (4) 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—
    • (A) all recommendations made by the Advisory Committee during the preceding calendar year;
    • (B) an explanation of the manner in which the Secretary has implemented those recommendations; and
    • (C) for recommendations not implemented, the reasons for rejecting the recommendations.
  • (5) The Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
• (i)
  • (1)
    • (A) 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.
    • (B) 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.
    • (C) 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.
  • (2) 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) 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) Under the program, the Secretary shall give higher priority to funding projects that—
  • (1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products;
  • (2) use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently;
  • (3) address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems;
  • (4) incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates;
  • (5) enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services;
  • (6) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; or
  • (7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies.
• (c) 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)
  • (1) 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.
  • (2) 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.
  • (3) 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) 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)
  • (1) 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.
  • (2) 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)
  • (1) 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).
  • (2) 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 1 See References in Text note below.

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

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

• (1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and
• (2) 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.