TITLE 49 - US CODE - SUBCHAPTER I - GENERAL

49 USC 5501 - National Intermodal Transportation System policy

(a) General.— 
It is the policy of the United States Government to develop a National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the United States to compete in the global economy, and will move individuals and property in an energy efficient way.
(b) System Characteristics.— 

(1) The National Intermodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the United States preeminent position in international commerce.
(2) The National Intermodal Transportation System shall include a National Highway System consisting of the Dwight D. Eisenhower System of Interstate and Defense Highways and those principal arterial roads that are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.
(3) The National Intermodal Transportation System shall include significant improvements in public transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States.
(4) The National Intermodal Transportation System shall provide improved access to ports and airports, the Nations link to commerce.
(5) The National Intermodal Transportation System shall give special emphasis to the contributions of the transportation sectors to increased productivity growth. Social benefits must be considered with particular attention to the external benefits of reduced air pollution, reduced traffic congestion, and other aspects of the quality of life in the United States.
(6) The National Intermodal Transportation System must be operated and maintained with insistent attention to the concepts of innovation, competition, energy efficiency, productivity, growth, and accountability. Practices that resulted in the lengthy and overly costly construction of the Dwight D. Eisenhower System of Interstate and Defense Highways must be confronted and stopped.
(7) The National Intermodal Transportation System shall be adapted to intelligent vehicles, magnetic levitation systems, and other new technologies, wherever feasible and economical, with benefit cost estimates given special emphasis on safety considerations and techniques for cost allocation.
(8) When appropriate, the National Intermodal Transportation System will be financed, as regards Government apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentalities to help carry out national goals related to mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals.
(9) The National Intermodal Transportation System must be the centerpiece of a national investment commitment to create the new wealth of the United States for the 21st century.
(c) Distribution and Posting.— 
The Secretary of Transportation shall distribute copies of the policy in subsections (a) and (b) of this section to each employee of the Department of Transportation and ensure that the policy is posted in all offices of the Department.

49 USC 5502 - Intermodal Transportation Advisory Board

(a) Organization.— 
The Intermodal Transportation Advisory Board is a board in the Office of the Secretary of Transportation.
(b) Membership.— 
The Board consists of the Secretary, who serves as chairman, and the Administrator, or the Administrators designee, of
(1) the Federal Highway Administration;
(2) the Federal Aviation Administration;
(3) the Maritime Administration;
(4) the Federal Railroad Administration;
(5) the Federal Transit Administration; and
(6) the Federal Motor Carrier Safety Administration.
(c) Duties and Powers.— 
The Board shall provide recommendations for carrying out the duties of the Secretary described in section 301 (3) of this title.

49 USC 5503 - Office of Intermodalism

(a) Establishment.— 
There is established in the Research and Innovative Technology Administration an Office of Intermodalism.
(b) Director.— 
The head of the Office is a Director who shall be appointed by the Secretary.
(c) Duties and Powers.— 
The Director shall carry out the duties of the Secretary described in section 301 (3) of this title.
(d) Research.— 
The Director shall
(1) coordinate United States Government research on intermodal transportation as provided in the plan developed under section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102240, 105 Stat. 2177); and
(2) carry out additional research needs identified by the Director.
(e) Technical Assistance.— 
The Director shall provide technical assistance to States and to metropolitan planning organizations for urban areas having a population of at least 1,000,000 in collecting data related to intermodal transportation to facilitate the collection of the data by States and metropolitan planning organizations. Amounts reserved under section 5504 (d) not awarded to States as grants may be used by the Director to provide technical assistance under this subsection.
(f) National Intermodal System Improvement Plan.— 

(1) In general.— 
The Director, in consultation with the advisory board established under section 5502 and other public and private transportation interests, shall develop a plan to improve the national intermodal transportation system. The plan shall include
(A) an assessment and forecast of the national intermodal transportation systems impact on mobility, safety, energy consumption, the environment, technology, international trade, economic activity, and quality of life in the United States;
(B) an assessment of the operational and economic attributes of each passenger and freight mode of transportation and the optimal role of each mode in the national intermodal transportation system;
(C) a description of recommended intermodal and multimodal research and development projects;
(D) a description of emerging trends that have an impact on the national intermodal transportation system;
(E) recommendations for improving intermodal policy, transportation decision-making, and financing to maximize mobility and the return on investment of Federal spending on transportation;
(F) an estimate of the impact of current Federal and State transportation policy on the national intermodal transportation system; and
(G) specific near and long-term goals for the national intermodal transportation system.
(2) Progress reports.— 
The Director shall submit an initial report on the plan to improve the national intermodal transportation system 2 years after the date of enactment of the Surface Transportation Safety Improvement Act of 2005,[1] and a follow-up report 2 years after that, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The progress report shall
(A) describe progress made toward achieving the plans goals;
(B) describe challenges and obstacles to achieving the plans goals;
(C) update the plan to reflect changed circumstances or new developments; and
(D) make policy and legislative recommendations the Director believes are necessary and appropriate to achieve the goals of the plan.
(3) Plan development funding.— 
Such sums as may be necessary from the administrative expenses of the Research and Innovative Technology Administration shall be reserved by the Secretary of Transportation each year for the purpose of completing and updating the plan to improve the national intermodal transportation plan.
(g) Impact Measurement Methodology; Impact Review.— 
The Director and the Director of the Bureau of Transportation Statistics shall jointly
(1) develop, in consultation with the modal administrations, and State and local planning organizations, common measures to compare transportation investment decisions across the various modes of transportation; and
(2) formulate a methodology for measuring the impact of intermodal transportation on
(A) the environment;
(B) public health and welfare;
(C) energy consumption;
(D) the operation and efficiency of the transportation system;
(E) congestion, including congestion at the Nations ports; and
(F) the economy and employment.
(h) [2] Authorization of Appropriations.There is authorized to be appropriated to the Secretary of Transportation such sums as may be necessary for fiscal years 2006 through 2009 to carry out this chapter.
(h) [2] Administrative and Clerical Support.The Director shall provide administrative and clerical support to the Intermodal Transportation Advisory Board.
[1] See References in Text note below.
[2] So in original. Two subsecs. (h) have been enacted.

49 USC 5504 - Model intermodal transportation plans

(a) Grants.— 
The Secretary of Transportation shall make grants to States to develop model State intermodal transportation plans that are consistent with the policy set forth in section 302 (e) of this title. The model plans shall include systems for collecting data related to intermodal transportation.
(b) Distribution.— 
The Secretary shall award grants to States under this section that represent a variety of geographic regions and transportation needs, patterns, and modes.
(c) Plan Submission.— 
As a condition to a State receiving a grant under this section, the Secretary shall require that the State provide assurances that the State will submit to the Secretary a State intermodal transportation plan not later than 18 months after the date of receipt of the grant.
(d) Grant Amounts.— 
The Secretary shall reserve, from amounts deducted under section 104 (a) of title 23, $3,000,000 to make grants under this section. The total amount that a State may receive in grants under this section may not be more than $500,000.

49 USC 5505 - National university transportation centers

(a) In General.— 

(1) Establishment and operation.— 
The Secretary of Transportation shall make grants under this section to eligible nonprofit">nonprofit institutions of higher learning to establish and operate national university transportation centers.
(2) Role of centers.— 
The role of each center shall be to advance significant transportation research on critical national transportation issues and to expand the workforce of transportation professionals.
(b) Applicability of Requirements.— 
A grant received by an eligible nonprofit">nonprofit institution of higher learning under this section shall be available for the same purposes, and shall be subject to the same terms and conditions, as a grant made to a nonprofit">nonprofit institution of higher learning under section 5506.
(c) Eligible Nonprofit Institution of Higher Learning Defined.— 
In this section, the term eligible nonprofit">nonprofit institution of higher learning means each of the following:
(1) University of Alaska.
(2) Marshall University, West Virginia, on behalf of a consortium of West Virginia colleges and universities.
(3) University of Minnesota.
(4) University of Missouri, Rolla.
(5) Northwestern University.
(6) Oklahoma Transportation Center.
(7) Portland State University, in partnership with the University of Oregon, Oregon State University, and the Oregon Institute of Technology.
(8) University of Vermont.
(9) Western Transportation Institute at Montana State University.
(10) University of Wisconsin.
(d) Grants.— 
The Secretary shall make a grant under this section to each eligible nonprofit">nonprofit institution of higher learning in an amount[1] $2,000,000 in fiscal year 2005 and $3,500,000 in each of fiscal years 2006 through 2009 to carry out this section.
[1] So in original. Probably should be followed by “of”.

49 USC 5506 - University transportation research

(a) In General.— 
The Secretary of Transportation shall make grants under this section to nonprofit">nonprofit institutions of higher learning to establish and operate university transportation centers.
(b) Objectives.— 
Grants received under this section shall be used by nonprofit">nonprofit institutions of higher learning to advance significantly the state-of-the-art in transportation research and expand the workforce of transportation professionals through the following programs and activities:
(1) Research.— 
Basic and applied research, the products of which are judged by peers or other experts in the field of transportation to advance the body of knowledge in transportation.
(2) Education.— 
An education program relating to transportation that includes multidisciplinary course work and participation in research.
(3) Technology transfer.— 
An ongoing program of technology transfer that makes transportation research results available to potential users in a form that can be implemented, utilized, or otherwise applied.
(c) Regional, Tier I, and Tier II Centers.— 

(1) Regional and tier i centers.— 
For each of fiscal years 2005 through 2009, the Secretary shall make grants under subsection (a) to nonprofit">nonprofit institutions of higher learning to establish and operate
(A) 10 regional university transportation centers; and
(B) 10 Tier I university transportation centers.
(2) Tier ii centers.— 

(A) For each of fiscal years 2006 through 2009, the Secretary shall make grants under subsection (a) to nonprofit">nonprofit institutions of higher learning to establish and operate 22 Tier II university transportation centers.
(B) The tier II centers consist of the following:
(i) University of Arkansas, Mack-Blackwell Rural Transportation Center.
(ii) University of California, Davis.
(iii) California State University, San Bernardino.
(iv) Cleveland State University, Work Zone Safety Institute.
(v) University of Connecticut.
(vi) University of Delaware in Newark.
(vii) University of Detroit Mercy (including the coalition partners of the university).
(viii) George Mason University.
(ix) Hampton University, Eastern Seaboard Intermodal Transportation Applications Center (ESITAC).
(x) Kansas State University.
(xi) Louisiana State University, LTRC-TTEC.
(xii) University of Massachusetts Amherst.
(xiii) Michigan Technological University.
(xiv) University of Nevada Las Vegas.
(xv) North Carolina State University, Center for Transportation and the Environment.
(xvi) Northwestern University.
(xvii) Ohio Higher Education Transportation Consortium University of Akron.
(xviii) University of Rhode Island.
(xix) University of Toledo.
(xx) Utah State University.
(xxi) Youngstown State University.
(xxii) University of Memphis.
(3) Location of regional centers.— 
One regional university transportation center shall be located in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System.
(4) Limitation.— 
A nonprofit">nonprofit institution of higher learning may not directly receive a grant under this section for a fiscal year for more than one university transportation center.
(d) Competitive Selection Process.— 

(1) Applications.— 
In order to be eligible to receive a grant under subsection (c)(1), a nonprofit">nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require.
(2) General selection criteria.— 
Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under subsection (c)(1) through a competitive process on the basis of the following:
(A) The demonstrated research and extension resources available to the recipient to carry out this section.
(B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems.
(C) The recipients demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing transportation research and education programs.
(D) The recipients demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program.
(E) The strategic plan the recipient proposes to carry out under the grant.
(e) Regional University Transportation Centers.— 

(1) Competition.— 
Not later than March 31, 2006, and not later than March 31st of every 4th year thereafter, the Secretary shall complete a competition among nonprofit">nonprofit institutions of higher learning for grants to establish and operate the 10 regional university transportation centers referred to in subsection (c)(1)(A).
(2) Selection criteria.— 
In conducting a competition under paragraph (1), the Secretary shall select a nonprofit">nonprofit institution of higher learning on the basis of
(A) the criteria described in subsection (d)(2);
(B) the location of the center within the Federal region to be served; and
(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) demonstrates that it has a well-established, nationally recognized program in transportation research and education, as evidenced by
(i) not less than $2,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years;
(ii) not less than 10 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 5 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 50 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3) Grant recipients.— 
After selecting a nonprofit">nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall make a grant to the recipient to establish and operate a regional university transportation center in each of the first 4 fiscal years beginning after the date of the competition.
(4) Special rule for fiscal years 2005 and 2006.— 
For fiscal years 2005 and 2006, the Secretary shall make a grant under this section to each of the 10 nonprofit">nonprofit institutions of higher learning that were competitively selected for grants by the Secretary under this section in July 1999 to operate regional university transportation centers.
(5) Amount of grants.— 
The Secretary shall make a grant to a nonprofit">nonprofit institution of higher learning to establish and operate a regional university transportation center of
(A) $1,000,000 for fiscal year 2005;
(B) $2,000,000 for each of fiscal years 2006 through 2008; and
(C) $2,225,000 for fiscal year 2009.
(f) Tier I University Transportation Centers.— 

(1) Competition.— 
Not later than June 30, 2006, and not later than June 30 of every 4th year thereafter, the Secretary shall complete a competition among nonprofit">nonprofit institutions of higher learning for grants to establish and operate the 10 Tier I university transportation centers referred to in subsection (c)(1)(B).
(2) Selection criteria.— 
In conducting a competition under paragraph (1), the Secretary shall select a nonprofit">nonprofit institution of higher learning on the basis of
(A) the criteria described in subsection (d)(2); and
(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, recognized program in transportation research and education, as evidenced by
(i) not less than $1,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years or not less than $6,000,000 in such expenditures during the 5 preceding years;
(ii) not less than 5 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 3 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 20 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3) Grant recipients.— 
After selecting a nonprofit">nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall make a grant to the recipient to establish and operate a Tier I university transportation center in each of the first 4 fiscal years beginning after the date of the competition.
(4) Special rule for fiscal years 2005 and 2006.— 
For fiscal years 2005 and 2006, the Secretary shall make a grant under this section to each of the 10 nonprofit">nonprofit institutions of higher learning that were competitively selected for grant awards by the Secretary under this section in May 2002 to operate university transportation centers (other than regional centers).
(5) Amount of grants.— 
The Secretary shall make a grant of $1,000,000 for each of fiscal years 2005 through 2009 to a nonprofit">nonprofit institution of higher learning to establish and operate a Tier I university transportation center.
(g) Tier II University Transportation Centers.— 

(1) Selection.— 
The Secretary shall make grants to the nonprofit">nonprofit institutions of higher learning to establish and operate the 22 Tier II university transportation centers referred to in subsection (c)(2)(B).
(2) Amount of grants.— 
The Secretary shall make a grant of $500,000 for each of fiscal years 2006 through 2009 to a nonprofit">nonprofit institution of higher learning to establish and operate a Tier II university transportation center.
(h) Support of National Strategy for Surface Transportation Research.— 
In order to be eligible to receive a grant under this section, a nonprofit">nonprofit institution of higher learning shall provide assurances satisfactory to the Secretary that the research and education activities of its university transportation center will support the national strategy for surface transportation research, as identified by
(1) the report of the National Highway Research and Technology Partnership entitled Highway Research and Technology: The Need for Greater Investment, dated April 2002; and
(2) the programs of the National Research and Technology Program of the Federal Transit Administration.
(i) Maintenance of Effort.— 
In order to be eligible to receive a grant under this section, a nonprofit">nonprofit institution of higher learning shall enter into an agreement with the Secretary to ensure that the institution will maintain total expenditures from all other sources to establish and operate a university transportation center and related research activities at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section.
(j) Federal Share.— 
The Federal share of the costs of activities carried out using a grant made under this section shall be 50 percent of such costs. The non-Federal share may include funds provided to a recipient under section 503, 504 (b), or 505 of title 23.
(k) Program Coordination.— 

(1) Coordination.— 
The Secretary shall coordinate the research, education, and technology transfer activities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse to disseminate the results of the research.
(2) Annual review and evaluation.— 
At least annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall review and evaluate programs of grant recipients.
(3) Management and oversight.— 
The Secretary shall expend not more than $400,000 for each of fiscal years 2005 through 2009 from amounts made available to carry out this section to carry out management and oversight of the centers receiving assistance under this section and section 5505.
(l) Program Administration.— 
The Secretary shall carry out this section acting through the Administrator of the Research and Innovative Technology Administration.
(m) Limitation on Availability of Funds.— 
Funds made available to carry out this section shall remain available for obligation by the Secretary for a period of 2 years after the last day of the fiscal year for which such funds are authorized.