TITLE 23 - US CODE - CHAPTER 5 - RESEARCH, TECHNOLOGY, AND EDUCATION

23 USC 501 - Definitions

In this chapter, the following definitions apply:
(1) Federal laboratory.— 
The term Federal laboratory includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory.
(2) Safety.— 
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.

23 USC 502 - Surface transportation research

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

(1) Coverage.— 
Surface transportation research and technology development shall include all activities leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, and technical support.
(2) Federal responsibility.— 
Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work
(A) is of national significance;
(B) supports research in which there is a clear public benefit and private sector investment is less than optimal;
(C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; or
(D) presents the best means to support Federal policy goals compared to other policy alternatives.
(3) Role.— 
Consistent with these Federal responsibilities, the Secretary shall
(A) conduct research;
(B) support and facilitate research and technology transfer activities by State highway agencies;
(C) share results of completed research; and
(D) support and facilitate technology and innovation deployment.
(4) Program content.— 
A surface transportation research program shall include
(A) fundamental, long-term highway research;
(B) research aimed at significant highway research gaps and emerging issues with national implications; and
(C) research related to policy and planning.
(5) Stakeholder input.— 
Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups.
(6) Competition and peer review.— 
Except as otherwise provided in this chapter, the Secretary shall award, to the maximum extent practicable, all grants, contracts, and cooperative agreements for research and development under this chapter based on open competition and peer review of proposals.
(7) Performance review and evaluation.— 
To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. Performance measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. All evaluations shall be made readily available to the public.
(8) Technological innovation.— 
The programs and activities carried out under this section shall be consistent with the surface transportation research and technology development strategic plan developed under section 508.
(b) General Authority.— 

(1) Research, development, and technology transfer activities.— 
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) Tests and development.— 
The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process.
(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.
(4) 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.
(5) Funds.— 

(A) Special account.— 
In addition to other funds made available to carry out this section, 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) Use of funds.— 
The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs under this section.
(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.
(c) Collaborative Research and Development.— 

(1) In general.— 
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) 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.
(3) Federal share.— 

(A) In general.— 
The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.
(B) Non-federal share.— 
All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A).
(4) Use of technology.— 
The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(5) Waiver of advertising requirements.— 
Section 3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to a contract or agreement entered into under this chapter.
(d) Contents of Research Program.— 
The Secretary shall include in surface transportation research, technology development, and technology transfer programs carried out under this title coordinated activities in the following areas:
(1) Development, use, and dissemination of indicators, including appropriate computer programs for collecting and analyzing data on the status of infrastructure facilities, to measure the performance of the surface transportation systems of the United States, including productivity, efficiency, energy use, air quality, congestion, safety, maintenance, and other factors that reflect system performance.
(2) Methods, materials, and testing to improve the durability of surface transportation infrastructure facilities and extend the life of bridge structures, including
(A) new and innovative technologies to reduce corrosion;
(B) tests simulating seismic activity, vibration, and weather; and
(C) the use of innovative recycled materials.
(3) Technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems, including responses to natural disasters.
(4) Development of nondestructive evaluation equipment for use with existing infrastructure facilities and with next-generation infrastructure facilities that use advanced materials.
(5) Dynamic simulation models of surface transportation systems for
(A) predicting capacity, safety, and infrastructure durability problems;
(B) evaluating planned research projects; and
(C) testing the strengths and weaknesses of proposed revisions to surface transportation system management and operations programs.
(6) Economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public highways and the feasibility of uniformity in State regulations with respect to such standards.
(7) Telecommuting and the linkages between transportation, information technology, and community development and the impact of technological change and economic restructuring on travel demand.
(8) Expansion of knowledge of implementing life cycle cost analysis, including
(A) establishing the appropriate analysis period and discount rates;
(B) learning how to value and properly consider use costs;
(C) determining tradeoffs between reconstruction and rehabilitation; and
(D) establishing methodologies for balancing higher initial costs of new technologies and improved or advanced materials against lower maintenance costs.
(9) Standardized estimates, to be developed in conjunction with the National Institute of Standards and Technology and other appropriate organizations, of useful life under various conditions for advanced materials of use in surface transportation.
(10) Evaluation of traffic calming measures that promote community preservation, transportation mode choice, and safety.
(11) Development and implementation of safety-enhancing equipment, including unobtrusive eyetracking technology.
(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.
(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.
(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.
(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.
(h) [1] Infrastructure Investment Needs Report.
(1) In general.— 
Not later than January 31, 1999, and January 31 of every second year thereafter, the Secretary shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on
(A) estimates of the future highway and bridge needs of the United States; and
(B) the backlog of current highway 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 3 biannual reports published prior to the date of enactment of the Transportation Equity Act for the 21st Century.
(h) [1] 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.
(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.
(j) Long-Term Bridge Performance Program.— 

(1) Authority.— 
The Secretary shall establish a 20-year long-term bridge performance program.
(2) Grants, cooperative agreements, and contracts.— 
Under the program, the Secretary shall make grants and enter into cooperative agreements and contracts to
(A) monitor, material-test, and evaluate test bridges;
(B) analyze the data obtained under subparagraph (A); and
(C) prepare products to fulfill program objectives and meet future bridge technology needs.
[1] So in original. Two subsecs. (h) have been enacted.

23 USC 503 - Technology deployment

(a) Technology Deployment Program.— 

(1) Establishment.— 
The Secretary shall develop and administer a national technology deployment program.
(2) Purpose.— 
The purpose of the program shall be to significantly accelerate the adoption of innovative technologies by the surface transportation community.
(3) Deployment goals.— 

(A) Establishment.— 
Not later than 180 days after the date of enactment of this section, the Secretary shall establish not more than 5 deployment goals to carry out paragraph (1).
(B) Design.— 
Each of the goals and the program developed to achieve the goals shall be designed to provide tangible benefits, with respect to transportation systems, in the areas of efficiency, safety, reliability, service life, environmental protection, and sustainability.
(C) Strategies for achievement.— 
For each goal, the Secretary, in cooperation with representatives of the transportation community such as States, local governments, the private sector, and academia, shall use domestic and international technology to develop strategies and initiatives to achieve the goal, including technical assistance in deploying technology and mechanisms for sharing information among program participants.
(4) Integration with other programs.— 
The Secretary shall integrate activities carried out under this subsection with the efforts of the Secretary to disseminate the results of research sponsored by the Secretary and to facilitate technology transfer.
(5) Leveraging of federal resources.— 
In selecting projects to be carried out under this subsection, the Secretary shall give preference to projects that leverage Federal funds with other significant public or private resources.
(6) Continuation of shrp partnerships.— 
Under the program, the Secretary shall continue the partnerships established through the strategic highway research program established under section 307 (d) (as in effect on the day before the date of enactment of this section).
(7) Grants, cooperative agreements, and contracts.— 

(A) In general.— 
Under the program, the Secretary may make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer activities concerning innovative materials.
(B) Applications.— 
To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall be in such form and contain such information as the Secretary may require. The Secretary shall select and approve an application based on whether the project that is the subject of the grant meets the purpose of the program described in paragraph (2).
(8) Technology and information transfer.— 
The Secretary shall ensure that the information and technology resulting from research conducted under paragraph (7) is made available to State and local transportation departments and other interested parties as specified by the Secretary.
(9) Allocation.— 
To the extent appropriate to achieve the goals established under paragraph (3), the Secretary may further allocate funds made available to carry out this section to States for their use.
(b) Innovative Bridge Research and Construction Program.— 

(1) In general.— 
The Secretary shall establish and carry out a program to promote, demonstrate, evaluate, and document the application of innovative designs, materials, and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.
(2) Goals.— 
The goals of the program shall include
(A) the development of new, cost-effective, innovative highway bridge applications;
(B) the development of construction techniques to increase safety and reduce construction time and traffic congestion;
(C) the development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and structures;
(D) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;
(E) the development of highway bridges and structures that will withstand natural disasters;
(F) the documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods;
(G) the effective transfer of resulting information and technology; and
(H) the development of improved methods to detect bridge scour and economical bridge foundation designs that will withstand bridge scour.
(3) Grants, cooperative agreements, and contracts.— 

(A) In general.— 
Under the program, the Secretary shall make grants to, and enter into cooperative agreements and contracts with
(i) States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer concerning innovative materials; and
(ii) States to pay the Federal share of the cost of repair, rehabilitation, replacement, and new construction of bridges or structures that demonstrate the application of innovative materials.
(B) Applications.— 
To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall be in such form and contain such information as the Secretary may require. The Secretary shall select and approve the applications based on whether the project that is the subject of the grant meets the goals of the program described in paragraph (2).
(4) Technology and information transfer.— 
The Secretary shall take such action as is necessary to ensure that the information and technology resulting from research conducted under paragraph (3) is made available to State and local transportation departments and other interested parties as specified by the Secretary.
(5) Federal share.— 
The Federal share of the cost of a project under this section shall be determined by the Secretary.
(c) Innovative Pavement Research and Deployment Program.— 

(1) In general.— 
The Secretary shall establish and implement a program to promote, demonstrate, support, and document the application of innovative pavement technologies, practices, performance, and benefits.
(2) Goals.— 
The goals of the innovative pavement research and deployment program shall include
(A) the deployment of new, cost-effective, innovative designs, materials, recycled materials (including taconite tailings and foundry sand), and practices to extend pavement life and performance and to improve customer satisfaction;
(B) the reduction of initial costs and life-cycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation;
(C) the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion;
(D) the deployment of engineering design criteria and specifications for innovative practices, products, and materials for use in highway pavements;
(E) the deployment of new nondestructive and real-time pavement evaluation technologies and techniques;
(F) the evaluation, refinement, and documentation of the performance and benefits of innovative technologies deployed to improve life, performance, cost effectiveness, safety, and customer satisfaction;
(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, safety, and customer satisfaction; and
(H) the development of designs and materials to reduce storm water runoff.
(3) Research to improve nhs pavement.— 
The Secretary shall obligate for each of fiscal years 2006 through 2009 from funds made available to carry out this subsection, $4,100,000 to conduct research to improve asphalt pavement, $4,100,000 to conduct research to improve concrete pavement, $4,100,000 to conduct research to improve alternative materials used in highways (including alternative materials used in highway drainage applications), and $2,450,000 to conduct research to improve aggregates used in highways on the National Highway System.
(d) Safety Innovation Deployment Program.— 

(1) In general.— 
The Secretary shall establish and implement a program to demonstrate the application of innovative technologies in highway safety.
(2) Goals.— 
The goals of the program shall include
(A) the deployment and evaluation of safety technologies and innovations at State and local levels; and
(B) the deployment of best practices in training, management, design, and planning.
(3) Grants, cooperative agreements, and contracts.— 

(A) In general.— 
Under the program, the Secretary shall make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for innovative safety technologies.
(B) Applications.— 
To receive a grant under this subsection, an entity described in subparagraph (A) shall submit to the Secretary an application at such time and containing such information as the Secretary may require. The Secretary shall select and approve an application based on whether the project that is the subject of the application meets the goals of the program described in paragraph (2).
(4) Technology and information transfer.— 
The Secretary shall take such action as is necessary to ensure that the information and technology resulting from research conducted under paragraph (3) is made available to State and local transportation departments and other interested parties as specified by the Secretary.
(e) Promotional Authority.— 
Funds authorized to be appropriated for necessary expenses for administration and operation of the Federal Highway Administration shall be available to purchase promotional items of nominal value for use in the recruitment of individuals and to promote the programs of the Federal Highway Administration.

23 USC 504 - Training and education

(a) National Highway Institute.— 

(1) In general.— 
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) Duties of the institute.— 
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;
(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) Courses.— 

(A) In general.— 
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) expediting the planning and development of transportation projects; and
(VI) the intermodal movement of individuals and freight.
(B) Additional courses.— 
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) Revision of courses offered.— 
The Institute shall periodically
(i) review the course inventory of the Institute; and
(ii) revise or cease to offer courses based on course content, applicability, and need.
(4) Set-aside; federal share.— 
Not to exceed 1/2 of 1 percent of the funds apportioned to a State under section 104 (b)(3) for the surface transportation 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) Federal responsibility.— 

(A) In general.— 
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) Payment of full cost by private persons.— 
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) Training fellowships; cooperation.— 
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) Collection of fees.— 

(A) General rule.— 
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) Limitation.— 
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) Persons subject to fees.— 
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) Amount of fees.— 
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) Use.— 
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) Relation to fees.— 
The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7).
(b) Local Technical Assistance Program.— 

(1) Authority.— 
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) Grants, cooperative agreements, and contracts.— 
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) Federal share.— 
The Federal share of the cost of activities carried out by the tribal technical assistance centers under paragraph (2)(D)(ii) shall be 100 percent.
(c) Research Fellowships.— 

(1) General authority.— 
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) Dwight david eisenhower transportation fellowship program.— 
The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation. The program shall be known as the Dwight David Eisenhower Transportation Fellowship Program.
(d) Garrett A. Morgan Technology and Transportation Education Program.
(1) In general.— 
The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation.
(2) Authorized activities.— 
The Secretary shall award grants under this subsection on the basis of competitive peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and secondary school level through such means as
(A) internships that offer students experience in the transportation field;
(B) programs that allow students to spend time observing scientists and engineers in the transportation field; and
(C) developing relevant curriculum that uses examples and problems related to transportation.
(3) Application and review procedures.— 

(A) In general.— 
An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used to serve the purposes described in paragraph (2).
(B) Priority.— 
In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities.
(C) Eligibility.— 
Local 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) Definitions.— 
In this subsection, the following definitions apply:
(A) Institution of higher education.— 
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) Local educational agency.— 
The term local educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(C) State educational agency.— 
The term State educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(e) Surface Transportation Workforce Development, Training, and Education.— 

(1) Funding.— 
Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104 (b)(1), 104 (b)(2), 104 (b)(3), 104 (b)(4), and 144 (e) 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; and
(E) education activities, including outreach, to develop interest and promote participation in surface transportation careers.
(2) Federal share.— 
The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent.
(3) Surface transportation workforce development, training, and education defined.— 
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) Transportation Education Development Pilot Program.— 

(1) Establishment.— 
The Secretary shall establish a program to make grants to institutions of higher education that, in partnership with industry or State departments of transportation, will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce.
(2) Selection of grant recipients.— 
In selecting applications for awards under this subsection, the Secretary shall consider
(A) the degree to which the new curricula or education program meets the specific needs of a segment of the transportation industry, States, or regions;
(B) providing for practical experience and on-the-job training;
(C) proposals oriented toward practitioners in the field rather than the support and growth of the research community;
(D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law;
(E) programs or curricula in nontraditional departments 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 States department of transportation to the program.
(3) Limitations.— 
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 grantees program costs.
(g) Freight Capacity Building Program.— 

(1) Establishment.— 
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) Agreements.— 
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) Stakeholder involvement.— 
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) Eligible activities.— 
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 excellence in connection with long-range multimodal transportation planning and project implementation.
(5) Federal share.— 
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) Use of funds.— 
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] 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.
[1] So in original.

23 USC 505 - State planning and research

(a) General Rule.— 
Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under section 104 (other than sections 104 (f) and 104 (h)) and under section 144 shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes:
(1) Engineering and economic surveys and investigations.
(2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135.
(3) Development and implementation of management systems under section 303.
(4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems.
(5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public transportation, and intermodal transportation systems.
(6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use.
(7) The conduct of activities relating to the planning of real-time monitoring elements.
(b) Minimum Expenditures on Research, Development, and Technology Transfer Activities.— 

(1) In general.— 
Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems.
(2) Waivers.— 
The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certification.
(3) Nonapplicability of assessment.— 
Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638).
(c) Federal Share.— 
The Federal share of the cost of a project carried out using funds subject to subsection (a) shall be 80 percent unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.
(d) Administration of Sums.— 
Funds subject to subsection (a) shall be combined and administered by the Secretary as a single fund and shall be available for obligation for the period described in section 118 (b)(2).

23 USC 506 - International highway transportation outreach program

(a) Establishment.— 
The Secretary may establish an international highway transportation outreach program
(1) to inform the United States highway community of technological innovations in foreign countries that could significantly improve highway transportation in the United States;
(2) to promote United States highway transportation expertise, goods, and services in foreign countries; and
(3) to increase transfers of United States highway transportation technology to foreign countries.
(b) Activities.— 
Activities carried out under the program may include
(1) the development, monitoring, assessment, and dissemination in the United States of information about highway transportation innovations in foreign countries that could significantly improve highway transportation in the United States;
(2) research, development, demonstration, training, and other forms of technology transfer and exchange;
(3) the provision to foreign countries, through participation in trade shows, seminars, expositions, and other similar activities, of information relating to the technical quality of United States highway transportation goods and services;
(4) the offering of technical services of the Federal Highway Administration that cannot be readily obtained from private sector firms in the United States for incorporation into the proposals of those firms undertaking highway transportation projects outside the United States, if the costs of the technical services will be recovered under the terms of the project;
(5) the conduct of studies to assess the need for, or feasibility of, highway transportation improvements in foreign countries; and
(6) the gathering and dissemination of information on foreign transportation markets and industries.
(c) Cooperation.— 
The Secretary may carry out this section in cooperation with any appropriate
(1) Federal, State, or local agency;
(2) authority, association, institution, or organization;
(3) for-profit or nonprofit corporation;
(4) national or international entity;
(5) foreign country; or
(6) person.
(d) Funds.— 

(1) Contributions.— 
Funds available to carry out this section shall include funds deposited by any cooperating organization or person into a special account of the Treasury established for this purpose.
(2) Eligible uses of funds.— 
The funds deposited into the account, and other funds available to carry out this section, shall be available to cover the cost of any activity eligible under this section, including the cost of
(A) promotional materials;
(B) travel;
(C) reception and representation expenses; and
(D) salaries and benefits.
(3) Reimbursements for salaries and benefits.— 
Reimbursements for salaries and benefits of Department employees providing services under this section shall be credited to the account.
(e) Report.— 
For each fiscal year, 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 the destinations and individual trip costs of international travel conducted in carrying out activities described in this section.

23 USC 507 - Surface transportation-environmental cooperative research program

(a) In General.— 
The Secretary shall establish and carry out a surface transportation-environmental cooperative research program.
(b) Contents.— 
The program carried out under this section may include research
(1) to develop more accurate models for evaluating transportation control measures and transportation system designs that are appropriate for use by State and local governments (including metropolitan planning organizations) in designing implementation plans to meet Federal, State, and local environmental requirements;
(2) to improve understanding of the factors that contribute to the demand for transportation;
(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate analysis of potential alternatives;
(4) to meet additional priorities as determined by the Secretary in the strategic planning process under section 508; and
(5) to refine, through the conduct of workshops, symposia, and panels, and in consultation with stakeholders (including the Department of Energy, the Environmental Protection Agency, and other appropriate Federal and State agencies and associations) the scope and research emphases of the program.
(c) Program Administration.— 
The Secretary shall
(1) administer the program established under this section; and
(2) ensure, to the maximum extent practicable, that
(A) the best projects and researchers are selected to conduct research in the priority areas described in subsection (b)
(i) on the basis of merit of each submitted proposal; and
(ii) through the use of open solicitations and selection by a panel of appropriate experts;
(B) a qualified, permanent core staff with the ability and expertise to manage a large multiyear budget is used;
(C) the stakeholders are involved in the governance of the program, at the executive, overall program, and technical levels, through the use of expert panels and committees; and
(D) there is no duplication of research effort between the program established under this section and the new strategic highway research program established under section 510.
(d) National Academy of Sciences.— 
The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsections (b) and (c) as the Secretary determines to be appropriate.

23 USC 508 - Transportation research and development strategic planning

(a) In General.— 

(1) Development.— 
Not later than 1 year after the date of enactment of the SAFETEALU, the Secretary shall develop a 5-year transportation research and development strategic plan to guide Federal transportation research and development activities. This plan shall be consistent with section 306 of title 5, sections 1115 and 1116 of title 31, and any other research and development plan within the Department of Transportation.
(2) Contents.— 
The strategic plan developed under paragraph (1) shall
(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum
(i) reducing congestion and improving mobility;
(ii) promoting safety;
(iii) promoting security;
(iv) protecting and enhancing the environment;
(v) preserving the existing transportation system; and
(vi) improving the durability and extending the life of transportation infrastructure;
(B) for each purpose, list the primary research and development topics that the Department intends to pursue to accomplish that purpose, which may include the fundamental research in the physical and natural sciences, applied research, technology development, and social science research intended for each topic; and
(C) for each research and development topic, describe
(i) the anticipated annual funding levels for the period covered by the strategic plan; and
(ii) the additional information the Department expects to gain at the end of the period covered by the strategic plan as a result of the research and development in that topic area.
(3) Considerations.— 
In developing the strategic plan, the Secretary shall ensure that the plan
(A) reflects input from a wide range of stakeholders;
(B) includes and integrates the research and development programs of all the Departments operating administrations, including aviation, transit, rail, and maritime; and
(C) takes into account how research and development by other Federal, State, private sector, and nonprofit institutions contributes to the achievement of the purposes identified under paragraph (2)(A), and avoids unnecessary duplication with these efforts.
(4) Performance plans and reports.— 
In reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include
(A) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;
(B) the amount of funding spent in each topic area;
(C) a description of the extent to which the research and development is meeting the expectations set forth in paragraph (2)(C)(ii); and
(D) any amendments to the strategic plan.
(b) Annual Report.— 
The Secretary shall submit to appropriate committees of Congress an annual report, in conjunction with the Presidents annual budget request as set forth in section 1105 of title 31, describing the amount spent in the last completed fiscal year on transportation research and development and the amount proposed in the current budget for transportation research and development.
(c) National Research Council Review.— 
The Secretary shall enter into an agreement for the review by the National Research Council of the details of each
(1) strategic plan under this section;
(2) performance plan required under section 1115 of title 31; and
(3) program performance report required under section 1116 of title 31, with respect to transportation research and development.

23 USC 509 - National cooperative freight transportation research program

(a) Establishment.— 
The Secretary shall establish and support a national cooperative freight transportation research program.
(b) Agreement.— 
The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities relating to the governance of the national cooperative freight transportation research program.
(c) Advisory Committee.— 
The National Academy of Sciences shall select an advisory committee consisting of a representative cross-section of freight stakeholders, including the Department of Transportation, other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector.
(d) Governance.— 
The national cooperative freight transportation research program established under this section shall include the following administrative and management elements:
(1) National research agenda.— 
The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. The agenda shall include a multiyear strategic plan.
(2) Involvement.— 
Interested parties may
(A) submit research proposals to the advisory committee;
(B) participate in merit reviews of research proposals and peer reviews of research products; and
(C) receive research results.
(3) Open competition and peer review of research proposals.— 
The National Academy of Sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis.
(4) Evaluation of research.— 

(A) Peer review.— 
Research contracts and grants under the program may allow peer review of the research results.
(B) Programmatic evaluations.— 
The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of research contracts and grants.
(5) Dissemination of research findings.— 
The National Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, the World Wide Web, publications for the general public, and other appropriate means.
(e) Contents.— 
The national research agenda required under subsection (d)(1) shall include research in the following areas:
(1) Techniques for estimating and quantifying public benefits derived from freight transportation projects.
(2) Alternative approaches to calculating the contribution of truck and rail traffic to congestion on specific highway segments.
(3) The feasibility of consolidating origins and destinations for freight movement.
(4) Methods for incorporating estimates of international trade into landside transportation planning.
(5) The use of technology applications to increase capacity of highway lanes dedicated to truck-only traffic.
(6) Development of physical and policy alternatives for separating car and truck traffic.
(7) Ways to synchronize infrastructure improvements with freight transportation demand.
(8) The effect of changing patterns of freight movement on transportation planning decisions relating to rest areas.
(9) Other research areas to identify and address emerging and future research needs related to freight transportation by all modes.
(f) Funding.— 

(1) Federal share.— 
The Federal share of the cost of an activity carried out under this section shall be up to 100 percent.
(2) Use of non-federal funds.— 
In addition to using funds authorized for this section, the National Academy of Sciences may seek and accept additional funding sources from public and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector.
(3) Period of availability.— 
Amounts made available to carry out this section shall remain available until expended.

23 USC 510 - Future strategic highway research program

(a) Establishment.— 
The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program.
(b) Cooperative Agreements.— 
The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Secretary determines are appropriate.
(c) Program Priorities.— 

(1) Program elements.— 
The program established under this section shall be based on the National Research Council Special Report 260, entitled Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 2058. The research program shall include an analysis of the following:
(A) Renewal of aging highway infrastructure with minimal impact to users of the facilities.
(B) Driving behavior and likely crash causal factors to support improved countermeasures.
(C) Reducing highway congestion due to nonrecurring congestion.
(D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs.
(2) Dissemination of results.— 
The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable.
(d) Program Administration.— 
In carrying out the program under this section, the National Research Council shall ensure, to the maximum extent practicable, that
(1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts;
(2) State department of transportation officials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees;
(3) the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and
(4) there is no duplication of research effort between the program and any other research effort of the Department.
(e) Report on Implementation of Results.— 

(1) Report.— 
The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation of the results of the future strategic highway research program.
(2) Components.— 
The report under paragraph (1) shall include with respect to the program
(A) an identification of the most promising results of research under the program (including the persons most likely to use the results);
(B) a discussion of potential incentives for, impediments to, and methods of, implementing those results;
(C) an estimate of costs of implementation of those results; and
(D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best suited to carry out those recommendations.
(3) Consultation.— 
In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including
(A) the Federal Highway Administration;
(B) the National Highway Traffic Safety Administration; and
(C) the American Association of State Highway and Transportation Officials.
(4) Submission.— 
Not later than February 1, 2009, the report shall be submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(f) Funding.— 

(1) Federal share.— 
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) Advance payments.— 
The Secretary may make advance payments as necessary to carry out the program under this section.
(g) Limitation of Remedies.— 

(1) Same remedy as if united states.— 
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) Exclusiveness of remedy.— 
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) Treatment.— 
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) Sources of payments.— 
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.

23 USC 511 - Multistate corridor operations and management

(a) In General.— 
The Secretary shall encourage multistate cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations.
(b) Interstate Route 95 Corridor Coalition Transportation Systems Management and Operations.— 
The Secretary shall make grants under this subsection to States to continue intelligent transportation system management and operations in the Interstate Route 95 corridor coalition region initiated under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102240).

23 USC 512 - National ITS program plan

(a) In General.— 

(1) Updates.— 
Not later than 1 year after the date of enactment of the SAFETEALU, 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) Scope.— 
The National ITS program plan shall
(A) specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the 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) Reporting.— 
The National ITS program plan shall be submitted and biennially updated as part of the transportation research and development strategic plan developed under section 508.

23 USC 513 - Use of funds for ITS activities

(a) In General.— 
For each fiscal year, not more than $250,000 of the funds made available to carry out this[1] subtitle C of title V of the SAFETEALU shall be used for intelligent transportation system outreach, public relations, displays, tours, and brochures.
(b) Applicability.— 
Subsection (a) shall not apply to intelligent transportation system training, scholarships, or the publication or distribution of research findings, technical guidance, or similar documents.
[1] So in original.