Laws: Cases and Codes : U.S. Code : Title 23 : Section 502


   
U.S. Code as of: 01/19/04
Section 502. Surface transportation research

      (a) 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, 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 this section - 
          (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,
        cooperative agreements, and other transactions with, the
        National Academy of Sciences, the American Association of State
        Highway and Transportation Officials, or any Federal
        laboratory, State agency, authority, association, institution,
        for-profit or nonprofit corporation, organization, foreign
        country, or 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.

      (b) 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) Agreements. - In carrying out this subsection, the
      Secretary may enter into cooperative research and development
      agreements (as defined in section 12 of the Stevenson-Wydler
      Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
        (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.

      (c) 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 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.

      (d) Advanced Research. - 
        (1) In general. - The Secretary shall establish an 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 that shows potential benefits for improving the
      durability, efficiency, environmental impact, productivity, and
      safety (including bicycle and pedestrian safety) of highway and
      intermodal transportation systems. In carrying out the program,
      the Secretary shall strive to develop partnerships with the
      public and private sectors.
        (2) Research areas. - In carrying out the program, the
      Secretary may make grants and enter into cooperative agreements
      and contracts in such areas 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) Diagnostics for evaluation of the condition of bridge and
        pavement structures to enable the assessment of risks of
        failure, including from seismic activity, vibration, and
        weather.
          (C) Design and construction details for composite structures.
          (D) Safety technology-based problems in the areas of
        pedestrian and bicycle safety, roadside hazards, and composite
        materials for roadside safety hardware.
          (E) Environmental research, including particulate matter
        source apportionment and model development.
          (F) Data acquisition techniques for system condition and
        performance monitoring.
          (G) Human factors, including prediction of the response of
        travelers to new technologies.

      (e) Long-Term Pavement Performance Program. - 
        (1) Authority. - The Secretary shall complete the long-term
      pavement performance program tests initiated under the strategic
      highway research program established under section 307(d) (as in
      effect on the day before the date of enactment of this section)
      and continued by the Intermodal Surface Transportation Efficiency
      Act of 1991 (105 Stat. 1914 et seq.) through the midpoint of a
      planned 20-year life of 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 in carrying out subparagraph
        (A); and
          (C) prepare products to fulfill program objectives and meet
        future pavement technology needs.

      (f) Seismic Research Program. - 
        (1) Establishment. - The Secretary shall establish a program to
      study the vulnerability of the Federal-aid highway system and
      other surface transportation systems to seismic activity and to
      develop and implement cost-effective methods to reduce such
      vulnerability.
        (2) Cooperation with national center for earthquake engineering
      research. - The Secretary shall conduct the program in
      cooperation with the National Center for Earthquake Engineering
      Research at the University of Buffalo.
        (3) Cooperation with agencies participating in national
      earthquake hazards reduction program. - The Secretary shall
      conduct the program in consultation and cooperation with Federal
      departments and 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) and
      shall take such actions as may be necessary to ensure that the
      program is consistent with - 
          (A) planning and coordination activities of the Director of
        the Federal Emergency Management Agency under section 5(b)(1)
        of such Act (42 U.S.C. 7704(b)(1)); and
          (B) the plan developed by the Director of the Federal
        Emergency Management Agency under section 8(b) of such Act (42
        U.S.C. 7705b(b)).

      (g) 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.



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