RESEARCH, TECHNOLOGY, AND EDUCATION.

SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.(a) Research, Technology, and Education.—Title 23, United States Code, is amended—(1) in the table of chapters by striking the item relating to chapter 5 and inserting the following: “5. Research, Technology, and Education 501”; 119 STAT. 1781 and(2) by striking the heading for chapter 5 and inserting the following:“CHAPTER 5—RESEARCH, TECHNOLOGY, AND EDUCATION”.(b) Statement of Principles Governing Research and Technology Investments.—Section 502 of such title is amended—(1) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively; and(2) by inserting before subsection (b) (as so redesignated) the following:“(a) Basic Principles Governing Research and Technology Investments.—“(1) Coverage.—Surface transportation research and technology development shall include all activities leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, and technical support.“(2) Federal responsibility.—Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work—“(A) is of national significance;“(B) supports research in which there is a clear public benefit and private sector investment is less than optimal;“(C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; or“(D) presents the best means to support Federal policy goals compared to other policy alternatives.“(3) Role.—Consistent with these Federal responsibilities, the Secretary shall—“(A) conduct research;“(B) support and facilitate research and technology transfer activities by State highway agencies;“(C) share results of completed research; and“(D) support and facilitate technology and innovation deployment.“(4) Program content.—A surface transportation research program shall include—“(A) fundamental, long-term highway research;“(B) research aimed at significant highway research gaps and emerging issues with national implications; and“(C) research related to policy and planning.“(5) Stakeholder input.—Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups.“(6) Competition and peer review.—Except as otherwise provided in this chapter, the Secretary shall award, to the 119 STAT. 1782 maximum extent practicable, all grants, contracts, and cooperative agreements for research and development under this chapter based on open competition and peer review of proposals.“(7) Performance review and evaluation.—To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. Performance measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. All evaluations shall be made readily available to the public.“(8) Technological innovation.—The programs and activities carried out under this section shall be consistent with the surface transportation research and technology development strategic plan developed under section 508.”.(c) Procurement for Research, Development, and Technology Transfer Activities.—Section 502(b)(3) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:“(3) Cooperation, grants, and contracts.—The Secretary may carry out research, development, and technology transfer activities related to transportation—“(A) independently;“(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or“(C) by making grants to, or entering into contracts and cooperative agreements with one or more of the following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or any other person.”.(d) Transportation Pooled Fund Program.—Section 502(b) of such title (as redesignated by subsection (b) of this section) is amended by adding at the end the following:“(6) Pooled funding.—“(A) Cooperation.—To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis.“(B) Secretary as agent.—The Secretary may enter into contracts, cooperative agreements, and grants as the agent for all participating parties in carrying out such research, development, or technology transfer activities.”.(e) Operations Elements in Research Activities.—Section 502 of such title is further amended—(1) in subsection (b)(1)(B) (as redesignated by subsection (b) of this section) by inserting “transportation system management and operations,” after “operation,”;(2) in subsection (d)(5)(C) (as redesignated by subsection (b) of this section) by inserting “system management and” after “transportation”; and(3) by inserting at the end of subsection (d) (as redesignated by subsection (b) of this section) the following:119 STAT. 1783 “(12) Investigation and development of various operational methodologies to reduce the occurrence and impact of recurrent congestion and nonrecurrent congestion and increase transportation system reliability.“(13) Investigation of processes, procedures, and technologies to secure container and hazardous material transport, including the evaluation of regulations and the impact of good security practices on commerce and productivity.“(14) Research, development, and technology transfer related to asset management.”.(f) Facilitating Transportation Research and Technology Deployment Partnerships.—Section 502(c)(2) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:“(2) Cooperation, grants, contracts, and agreements.—Notwithstanding any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, and their agents to conduct joint transportation research and technology efforts.”.(g) Exploratory Advanced Research Program.—Section 502(e) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:“(e) Exploratory Advanced Research.—“(1) In general.—The Secretary shall establish an exploratory advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508 that addresses longer-term, higher-risk research with potentially dramatic breakthroughs for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) aspects of highway and intermodal transportation systems. In carrying out the program, the Secretary shall strive to develop partnerships with public and private sector entities.“(2) Research areas.—In carrying out the program, the Secretary may make grants and enter into cooperative agreements and contracts in such areas of surface transportation research and technology as the Secretary determines appropriate, including the following:“(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes.“(B) Assessment of the effects of transportation decisions on human health.“(C) Development of surrogate measures of safety.“(D) Environmental research.“(E) Data acquisition techniques for system condition and performance monitoring.“(F) System performance data and information processing needed to assess the day-to-day operational performance of the system in support of hour-to-hour operational decisionmaking.”.119 STAT. 1784(h) Funding.—Of the amounts made available by section 5101(a) of this Act, $14,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(e) of such title.(i) Long-Term Pavement Performance Program.—(1) In general.—Section 502(f) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:“(f) Long-Term Pavement Performance Program.—“(1) Authority.—The Secretary shall continue to carry out, through September 30, 2009, tests, monitoring, and data analysis under the long-term pavement performance program.“(2) Grants, cooperative agreements, and contracts.—Under the program, the Secretary shall make grants and enter into cooperative agreements and contracts to—“(A) monitor, material-test, and evaluate highway test sections in existence as of the date of the grant, agreement, or contract;“(B) analyze the data obtained under subparagraph (A); and“(C) prepare products to fulfill program objectives and meet future pavement technology needs.”.(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act, $10,120,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(f) of such title.(j) Seismic Research.—(1) In general.—Section 502(g) of such title (as redesignated by subsection (b) of this section) is amended to read as follows:“(g) Seismic Research.—The Secretary shall—“(1) in consultation and cooperation with Federal agencies participating in the National Earthquake Hazards Reduction Program established by section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704), coordinate the conduct of seismic research;“(2) take such actions as are necessary to ensure that the coordination of the research is consistent with—“(A) planning and coordination activities of the National Institute of Standards and Technology under section 5(b)(1) of that Act (42 U.S.C. 7704(b)(1)); and“(B) the plan developed by the Director of the National Institute of Standards and Technology under section 8(b) of that Act (42 U.S.C. 7705b(b)); and“(3) in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno, and the National Center for Earthquake Engineering Research at the University of Buffalo, carry out a seismic research program—“(A) to study the vulnerability of the Federal-aid system and other surface transportation systems to seismic activity;“(B) to develop and implement cost-effective methods to reduce the vulnerability; and“(C) to conduct seismic research and upgrade earthquake simulation facilities as necessary to carry out the program.”.(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act, $2,500,000 for each of fiscal years 2005 119 STAT. 1785 through 2009 shall be available to carry out section 502(g) of such title.(k) Infrastructure Investment Needs Report.—Section 502 of such title is further amended by adding at the end the following: “(h) Infrastructure Investment Needs Report.—“(1) In general.—Not later than July 31, 2006, and July 31 of every second year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—“(A) estimates of the future highway, transit, and bridge needs of the United States; and“(B) the backlog of current highway, transit, and bridge needs.“(2) Comparison with prior reports.—Each report under paragraph (1) shall provide the means, including all necessary information, to relate and compare the conditions and service measures used in the previous biennial reports.”.(l) Turner-Fairbank Highway Research Center.—Section 502 of such title is further amended by adding at the end the following:“(i) Turner-Fairbank Highway Research Center.—“(1) In general.—The Secretary shall operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center.“(2) Uses of the center.—The Turner-Fairbank Highway Research Center shall support—“(A) the conduct of highway research and development related to new highway technology;“(B) the development of understandings, tools, and techniques that provide solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality-controlled construction practices, and durable materials; and“(C) the development of innovative highway products and practices.”.(m) Biobased Transportation Research.—Of the amounts made available by section 5101(a)(1) of this Act, $12,500,000 for each of fiscal years 2006 through 2009, equally divided and available, shall be available to carry out biobased research of national importance at the National Biodiesel Board and at research centers identified in section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109).