I 112th CONGRESS 2d Session H. R. 3833 IN THE HOUSE OF REPRESENTATIVES January 27, 2012 Mr. Hall (for himself and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize surface transportation research programs, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Driving Research through Innovative Viable Economic Solutions Act of 2012 or the DRIVES Act of 2012. (b)
Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Surface transportation research. Sec. 4. Technology deployment. Sec. 5. Training and education. Sec. 6. Repeals. Sec. 7. Transportation research and development strategic planning. Sec. 8. Additional repeals. Sec. 9. Intelligent transportation systems. Sec. 10. Administrative authority. Sec. 11. University transportation centers. Sec. 12. Bureau of Transportation Statistics.
2.
Authorization of appropriations
(a)
In general
The following amounts are authorized to be appropriated out of the Highway Trust Fund: (1)
Surface transportation research
To carry out section 502 of title 23, United States Code, $141,750,000 for each of fiscal years 2013 through 2016. (2)
Technology deployment program
To carry out section 503 of title 23, United States Code, $60,750,000 for each of fiscal years 2013 through 2016. (3)
Training and education
To carry out section 504 of title 23, United States Code, $25,500,000 for each of fiscal years 2013 through 2016. (4)
Intelligent transportation systems program
To carry out subtitle C of title V of SAFETEA-LU, $110,000,000 for each of fiscal years 2013 through 2016. (5)
University transportation centers program
To carry out sections 5505, 5506, and 5507 of title 49, United States Code, $75,000,000 for each of fiscal years 2013 through 2016. (6)
Bureau of transportation statistics
To carry out section 111 of title 49, United States Code, $27,000,000 for each of fiscal years 2013 through 2016. (b)
Applicability of title 23
Funds authorized to be appropriated by subsection (a) shall— (1)be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary; (2)remain available until expended; and (3)not be transferable. (c)
Obligation ceiling
Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Highway Trust Fund by subsection (a) shall be $440,000,000 for each of fiscal years 2013 through 2016.
3.
Surface transportation research
Section 502 of title 23, United States Code, is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)by inserting within the innovation lifecycle after activities; and (ii)by inserting impact analysis, after training,; (B)in paragraph (2)— (i)in subparagraph (B) by striking supports research in which there is and insert delivers; (ii)in subparagraph (C) by striking or after the semicolon; (iii)by redesignating subparagraph (D) as subparagraph (F); and (iv)by inserting after subparagraph (C) the following: (D)presents the best means to align resources with multi-year plans and priorities; (E)ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers; or ; (C)in paragraph (3) by striking subparagraphs (B) through (D) and inserting the following: (B)partner with State highway agencies and other stakeholders as appropriate, including international entities, to facilitate research and technology transfer activities; (C)communicate the results of ongoing and completed research; (D)lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment; and (E)leverage partnerships with industry, academia, and international entities. ; (D)in paragraph (4)(C) by striking policy and planning and inserting all highway objectives seeking to improve the performance of the transportation system; (E)by striking paragraph (7) and inserting the following: (7)
Performance review and evaluation
(A)
In general
To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. (B)
Performance measures
Performance measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent practicable, be outcome-based. (C)
Program plan
To the maximum extent practicable, each program pursued under this chapter shall be part of a data-driven, outcome-oriented program plan. (D)
Availability of evaluations
All evaluations under this paragraph shall be made readily available to the public. ; and (F)in paragraph (8), by striking surface; (2)in subsection (b)— (A)by striking paragraph (4) and inserting the following: (4)
Technological innovation
The Secretary shall ensure that the programs and activities carried out under this section are consistent with the transportation research and development strategic plan developed under section 508. ; and (B)in paragraph (6) by adding at the end the following: (C)
Transfer of amounts among States or to Federal Highway Administration
The Secretary may, at the request of a State, transfer amounts apportioned or allocated to that State under this chapter to another State or the Federal Highway Administration to fund research, development, and technology transfer activities of mutual interest on a pooled funds basis. (D)
Transfer of obligation authority
Obligation authority for amounts transferred under this subsection shall be disbursed in the same manner and for the same amount as provided for the project being transferred. ; (3)in subsection (c)(3)(A) by striking 50 and inserting 80; (4)by striking subsection (d) and inserting the following: (d)
Surface transportation research and development program
(1)
Objectives
In carrying out the surface transportation research and development program, the Secretary, to address current and emerging highway transportation needs, shall— (A)identify research topics; (B)coordinate research and development activities; (C)carry out research, testing, and evaluation activities; (D)ensure program activities are coordinated with the transportation research and development strategic plan developed under section 508; and (E)provide technology transfer and technical assistance. (2)
Contents
(A)
In general
Research and development activities carried out under this section may include any of the activities in this paragraph. (B)
Improving highway safety
(i)
In general
The Secretary may carry out research and development activities from an integrated perspective to establish and implement systematic measures to improve highway safety. (ii)
Objectives
In carrying out this subparagraph, the Secretary may carry out research and development activities— (I)to achieve greater long-term safety gains; (II)to reduce the number of fatalities and serious injuries on public roads; (III)to fill knowledge gaps that limit the effectiveness of research; (IV)to support the development and implementation of State strategic highway safety plans; (V)to advance improvements in, and use of, performance prediction analysis for decisionmaking; (VI)to expand technology transfer to partners and stakeholders; and (VII)to enhance rural highway safety. (C)
Improving infrastructure integrity
(i)
In general
The Secretary may carry out and facilitate highway infrastructure research and development activities— (I)to maintain infrastructure integrity; (II)to meet user needs; and (III)to link Federal transportation investments to improvements in system performance. (ii)
Objectives
In carrying out this subparagraph, the Secretary may carry out research and development activities— (I)to reduce the number of fatalities attributable to infrastructure design characteristics and work zones; (II)to improve the safety and security of highway infrastructure; (III)to increase the reliability of lifecycle performance predictions used in infrastructure design, construction, and management; (IV)to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost; (V)to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, and construction; (VI)to improve highway infrastructure condition and performance through increased use of design, materials, construction, and maintenance innovations; (VII)to improve the resiliency of roadways to heavy freight traffic; (VIII)to reduce environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and (IX)to study vulnerabilities of the transportation system to seismic activities and extreme events and methods to reduce those vulnerabilities. (D)
Reducing congestion, improving highway operations, and enhancing freight productivity
(i)
In general
The Secretary may carry out research under this subparagraph with the goals of— (I)addressing congestion problems; (II)reducing the costs of congestion; (III)improving freight movement in both rural corridors and metropolitan areas; (IV)increasing productivity; and (V)improving the economic competitiveness of the United States. (ii)
Objectives
In carrying out this subparagraph, the Secretary may carry out research and development activities to identify, develop, and assess innovations that have the potential— (I)to reduce traffic congestion; (II)to improve freight movement in both rural corridors and metropolitan areas; and (III)to reduce freight-related congestion throughout the transportation network. (E)
Assessing Policy and System Financing Alternatives
The Secretary may conduct policy analysis on emerging issues in the transportation community to provide information to policy-makers and decisionmakers. ; (5)by striking subsection (e) and inserting the following: (e)
Exploratory advanced research
(1)
In general
The Secretary shall establish an exploratory advanced research program, consistent with the transportation research and development strategic plan of the Secretary, that addresses longer-term, higher-risk research with potentially dramatic breakthroughs. (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. (3)
Authorization
Of the amounts authorized in section 2(a)(1) of the Driving Research through Innovative Viable Economic Solutions Act of 2012, $14,000,000 for each of fiscal years 2013 through 2016 shall be available to carry out this subsection. ; (6)by striking subsections (f), (g), and (j); (7)by redesignating subsections (h) and (i) as subsections (f) and (g), respectively; (8)in subsection (f), as so redesignated— (A)by striking 2006 and inserting 2012; (B)by inserting and the Committee on Commerce, Science, and Transportation after Public Works; and (C)by inserting and the Committee on Science, Space, and Technology after Infrastructure; and (9)by adding at the end the following: (h)
Prize competition
Consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980, the Secretary may carry out a program to award prizes competitively to stimulate innovation in the area of surface transportation that has the potential to advance the Federal Highway Administration’s research and technology objectives and activities under section 502. (i)
Centers for Surface Transportation Excellence
(1)
Establishment
The Secretary may establish not more than 4 centers for surface transportation excellence. (2)
Goals
The goals of the centers for surface transportation excellence are to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation. (3)
Role of the centers
To achieve the goals set forth in paragraph (2), the Secretary shall establish centers that provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transportation programs, projects, and policies. (4)
Program administration
(A)
Competition
A party entering into a contract, cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform research or provide technical assistance under this subsection, shall be selected on a competitive basis. (B)
Strategic plan
The Secretary shall require each center to develop a multiyear strategic plan, and submit the plan to the Secretary at such time as the Secretary requires, that describes— (i)the activities to be undertaken by the center; and (ii)how the work of the center will be coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized by this chapter. (5)
Funding
Of the amounts made available by section 2(a)(1) of the Driving Research through Innovative Viable Economic Solutions Act of 2012, not more than $3,000,000 for each of fiscal years 2013 through 2016 shall be available to carry out this subsection. .
4.
Technology deployment
Section 503 of title 23, United States Code, is amended— (1)by redesignating subsection (e) as subsection (f); and (2)by striking subsections (a) through (d) and inserting the following: (a)
In general
The Secretary shall carry out a technology deployment program relating to all aspects of highway transportation with the goals of— (1)significantly accelerating the adoption of innovative technologies by the surface transportation community; (2)providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in highway construction processes that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction; (3)constructing longer-lasting highways through the use of innovative technologies and practices that lead to faster construction of efficient and safe highways and bridges; (4)improving highway efficiency, safety, mobility, reliability, service life, and environmental protection; and (5)developing and deploying new tools, techniques, and practices to accelerate the adoption of innovation in all aspects of highway transportation. (b)
Implementation
The Secretary shall promote, facilitate, and carry out the program established under subsection (a) to distribute the products, technologies, tools, methods, or other findings that result from highway research and development activities, including research and development activities carried out under this chapter and subtitle C of title V of SAFETEA-LU. (c)
Accelerated innovation deployment
In carrying out the program established under subsection (a), the Secretary shall— (1)establish and carry out demonstration programs; (2)provide incentives, technical assistance, and training to researchers and developers; and (3)develop improved tools and methods to accelerate the adoption of proven innovative practices and technologies as standard practices. (d)
Grants, cooperative agreements, and contracts
(1)
In General
Under the program, the Secretary may make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, institutions of higher education, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and deployment activities. (2)
Applications
To receive a grant under this subsection, an entity described in paragraph (1) shall submit an application to the Secretary. The application shall be in such form and contain such information and assurances as the Secretary may require. (3)
Technology and information transfer
The Secretary shall ensure that the information and technology resulting from research conducted under this subsection is made available to State and local transportation departments and other interested parties as specified by the Secretary. (e)
Implementation of future strategic highway research program findings and results
(1)
In general
The Secretary, in consultation with the American Association of State Highway and Transportation Officials and the Transportation Research Board of the National Academy of Sciences, shall, as appropriate, implement the findings and recommendations developed under the Strategic Highway Research Program 2 administered by the Transportation Research Board of the National Academy of Sciences. (2)
Basis for findings
The activities carried out under this subsection shall be based on the Transportation Research Board Special Report 296 entitled Implementing the Results of the Second Strategic Highway Research Program: Saving Lives, Reducing Congestion, Improving Quality of Life. (3)
Administrative costs
The Secretary may use 1 percent of the funds made available to carry out this subsection for the administrative costs under this subsection. (4)
Fees
(A)
In General
The Secretary may impose and collect fees to recover costs associated with special data or analysis requests relating to safety naturalistic driving databases developed under the future strategic highway research program. (B)
Use of Fee Amounts
(i)
In General
Any fees collected under this paragraph shall be made available to the Secretary to carry out this subsection and shall remain available until expended. (ii)
Supplement, Not Supplant
Any fee amounts collected under this paragraph shall supplement, but not supplant, amounts made available to the Secretary to carry out this section. .
5.
Training and education
Section 504 of title 23, United States Code, is amended— (1)in subsection (a)— (A)in paragraph (2)(A) by inserting and the employees of any other applicable Federal agency after employees; and (B)in paragraph (3)(A)(ii)(V) by striking expediting and inserting reducing the amount of time required for; (2)in subsection (b) by striking paragraph (3) and inserting the following: (3)
Federal share
(A)
Local technical assistance centers
(i)
In general
Subject to clause (ii), the Federal share of the cost of any activity carried out by a local technical assistance center under paragraphs (1) and (2) shall be 50 percent. (ii)
Non-Federal share
Up to 100 percent of the non-Federal share of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505. (B)
Tribal technical assistance centers
The Federal share of the cost of an activity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent. ; (3)in subsection (c) by striking paragraph (2) and inserting the following: (2)
Dwight David Eisenhower transportation fellowship program
(A)
In general
The Secretary shall establish and implement a transportation research fellowship program, to be known as the Dwight David Eisenhower Transportation Fellowship Program, for the purpose of attracting qualified students to the field of transportation. (B)
Use of amounts
Amounts provided to an institution of higher education to carry out this paragraph shall be used to provide direct support of student expenses. ; (4)in subsection (d) by striking paragraph (4); (5)in subsection (e)— (A)in paragraph (1)— (i)in the text before subparagraph (A) by striking sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) and inserting paragraphs (1) through (3) of section 104(b); (ii)in subparagraph (D) by striking and after the semicolon; (iii)in subparagraph (E) by striking the period at the end and inserting a semicolon; and (iv)by adding at the end the following: (F)activities carried out by the National Highway Institute under subsection (a); and (G)local technical assistance programs under subsection (b). ; and (B)in paragraph (2) by inserting before the period at the end the following: ; except for activities carried out under paragraph (1)(G) for which the Federal share shall be 50 percent as described in subsection (b)(3)(A); (6)in the heading of subsection (f) by striking Pilot; and (7)by adding at the end the following: (h)
Definition
In this section, 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). .
6.
Repeals
Sections 506 and 507 of title 23, United States Code, and the items relating to such sections in the analysis of chapter 55 of such title, are repealed.
7.
Transportation research and development strategic planning
Section 508(a) of title 23, United States Code, is amended to read as follows: (a)
In general
(1)
Development
Not later than 1 year after the date of enactment of the Driving Research through Innovative Viable Economic Solutions Act of 2012, the Secretary, acting through the Administrator of the Research and Innovative Technology Administration, 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 describe the primary purposes of the transportation research and development program, which shall include, at a minimum— (A)reducing congestion and improving mobility; (B)promoting safety in both rural corridors and metropolitan areas; (C)improving goods movement in both rural corridors and metropolitan areas; (D)protecting and enhancing the environment; (E)preserving the existing transportation system; (F)improving the durability and extending the life of transportation infrastructure; and (G)improving rural connectivity and mobility. .
8.
Additional repeals
Sections 509 and 510 of title 23, United States Code, and the items relating to such sections in the analysis of chapter 55 of such title, are repealed.
9.
Intelligent transportation systems
(a)
Program plan update
Section 512(a)(1) of title 23, United States Code, is amended by striking SAFETEA-LU and inserting Driving Research through Innovative Viable Economic Solutions Act of 2012. (b)
Purposes
Section 5303(b) of the SAFETEA-LU is amended— (1)in paragraph (7) by striking and after the semicolon; (2)in paragraph (8) by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (9)ensure a systems approach that includes cooperation among vehicles, the infrastructure, and users. . (c)
Membership
Section 5305(h)(2) of the SAFETEA-LU is amended to read as follows: (2)
Membership
The Advisory Committee shall have not more than 20 members, be balanced between metropolitan and rural interests, and include representatives from state and local highway departments, academia, industry, and other relevant organizations. . (d)
Research and development
Section 5306 of the SAFETEA-LU is amended— (1)in subsection (b)(3) by striking systems with goals of and all that follows through emergency care providers and trauma centers; and inserting systems;; and (2)in subsection (c) by inserting percent after 80. (e)
National architecture and standards
Section 5307 of the SAFETEA-LU is amended— (1)in subsection (a) by striking paragraph (4); and (2)by amending subsection (c) to read as follows: (c)
Conformity with regional architecture
(1)
In general
Except as provided in paragraph (2), the Secretary shall ensure that intelligent transportation system projects carried out using amounts made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, conform to the appropriate regional intelligent transportation system architecture, applicable standards or provisional standards, and protocols developed under subsection (a) or this subsection. (2)
Secretary’s discretion
The Secretary may authorize exceptions to paragraph (1) for— (A)projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508 of title 23, United States Code; or (B)the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this Act if the Secretary determines that the upgrade or expansion— (i)would not adversely affect the goals or purposes of this subtitle; (ii)is carried out before the end of the useful life of such system; and (iii)is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). . (f)
Vehicle-to-Vehicle and vehicle-to-Infrastructure communications systems deployment
(1)
In general
Section 5309 of the SAFETEA-LU is amended to read as follows:
5309.
Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment
(a)
In general
Not later than 3 years after the date of enactment of the Driving Research through Innovative Viable Economic Solutions Act of 2012, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (1)describes a recommended implementation path for dedicated short-range communications technology and applications; and (2)includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the national architecture and standards. (b)
National Research Council review
The Secretary shall enter into an agreement with the National Research Council for the review by the National Research Council of the report described in subsection (a).
. (2)
Conforming amendment
The table of contents of the SAFETEA-LU is amended by striking the item relating to section 5309 and inserting the following: Sec. 5309. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. . (g)
Technical correction
Section 513(a) of title 23, United States Code, is amended by striking this.
10.
Administrative authority
Section 112 of title 49, United States Code, is amended by adding at the end the following: (f)
Program evaluation and oversight
For each of fiscal years 2013 through 2016, the Administrator may expend not more than 1½ percent of the amounts authorized to be appropriated for the administration and operation of the Research and Innovative Technology Administration to carry out the coordination, evaluation, and oversight of the programs administered by the Administration. (g)
Collaborative research and development
(1)
In general
To encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology, the Administrator may carry out, on a cost-shared basis, collaborative research and development with— (A)non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; (B)Federal laboratories; and (C)other Federal agencies. (2)
Cooperation, grants, contracts, and agreements
Notwithstanding any other provision of law, the Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements 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, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts. (3)
Federal share
(A)
In general
Subject to subparagraph (B), the Federal share of the cost of an activity carried out under paragraph (2) shall not exceed 50 percent. (B)
Exception
If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share. (C)
Non-federal share
All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subparagraph (A). (4)
Use of technology
The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other 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.). .
11.
University transportation centers
(a)
Program
Section 5505 of title 49, United States Code, is amended to read as follows:
5505.
University transportation centers program
(a)
In general
(1)
Establishment and operation
The Secretary, acting through the Administrator of the Research and Innovative Technology Administration, shall make grants under sections 5506 and 5507 to institutions of higher education, including multiple institutions of higher education acting in consortia, to establish and operate university transportation centers to address the research topics identified under section 502(d) of title 23. (2)
Role of centers
The role of each university transportation center referred to in paragraph (1) shall be— (A)to advance significant transportation research on critical national transportation issues in the varied disciplines that comprise the field of transportation through research, education, and technology transfer activities; (B)to provide for a critical transportation knowledge base outside of the Department of Transportation; and (C)to address critical workforce needs and educate the next generation of transportation leaders. (b)
Competitive selection process
(1)
Applications
To receive a grant under either section 5506 or 5507, an institution of higher education, or a consortia thereof, shall submit to the Secretary an application that is in such form and contains such information and assurances as the Secretary may require. (2)
Selection criteria
The Secretary shall select each recipient of a grant under section 5506 or 5507 through a competitive process based on the assessment of the Secretary relating to— (A)the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient; (B)the demonstrated research, education, and technology transfer resources available to the recipient to carry out this section; (C)the ability of the recipient to provide leadership in solving long-range national and regional transportation problems; (D)the ability of the recipient to carry out research, education, and technology transfer activities that are multimodal and multidisciplinary in scope; (E)the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs; (F)the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects; (G)the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research and technology transfer goals; and (H)the ability of the recipient to implement the proposed program in a cost-efficient manner, such as through consortia-based approaches with cost sharing aimed at reducing overhead, facilities, and administrative costs. (3)
Additional eligibility requirement
An institution of higher education that receives a grant for a fiscal year under either section 5506 or section 5507 or the lead institution of a consortia of institutions that receives a grant for a fiscal year under section 5506 or section 5507 is ineligible to receive an additional grant under either section in such fiscal year. (c)
Non-Federal share
(1)
In general
The non-Federal share of the costs of activities carried out using a grant made under this section shall be 35 percent of such costs. (2)
Source
The non-Federal share may include amounts made available to a recipient under section 504(b) or 505 of title 23. (d)
Program coordination
(1)
In general
The Secretary shall— (A)coordinate the research, education, and technology transfer activities carried out by grant recipients under this section; and (B)disseminate the results of that research through the establishment and operation of an information clearinghouse. (2)
Annual review and evaluation
Not less frequently than annually, and consistent with the transportation research and development strategic plan developed under section 508, the Secretary shall review and evaluate the programs carried out under this section and sections 5506 and 5507 by grant recipients. (3)
Program evaluation and oversight
For each of fiscal years 2013 through 2016, the Secretary shall expend not more than 1½ percent of the amounts made available to the Secretary under section 2(a)(4) of the Driving Research through Innovative Viable Economic Solutions Act of 2012 for any coordination, evaluation, and oversight activities of the Secretary, including efforts to combat waste, fraud, and abuse, under this section, section 5506, and section 5507. (e)
Limitation on availability of amounts
Amounts made available to the Secretary to carry out this section and sections 5506 and 5507 shall remain available for obligation by the Secretary for a period of 2 years after the last day of the fiscal year for which the amounts are appropriated. (f)
Institution of higher education defined
For purposes of this section and sections 5506 and 5507, the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
. (b)
Regional university transportation centers
Section 5506 of such title is amended to read as follows:
5506.
Regional university transportation centers
(a)
In general
For each of fiscal years 2013 through 2016, the Secretary shall make grants to institutions of higher education, or a consortia thereof, to establish and operate 10 regional university transportation centers. (b)
Location
The Secretary shall make a grant under subsection (a) to the institution, or the lead institution of a consortia, located in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System that the Secretary determines best meets the criteria described in section 5505(b). (c)
Funding
For each of fiscal years 2013 through 2016, the Secretary may not award a grant under this section that exceeds $3,500,000.
. (c)
University transportation research centers
Subchapter I of chapter 55 of such title is amended by adding at the end the following:
5507.
University transportation research centers
(a)
In general
For each of fiscal years 2013 through 2016, the Secretary shall make grants to 20 institutions of higher education or consortia thereof that the Secretary determines best meet the criteria described in section 5505(b). (b)
Funding
For each of fiscal years 2013 through 2016, the Secretary may not award a grant under this section that exceeds $2,000,000.
. (d)
Conforming amendment
The analysis for chapter 55 of title 49, United States Code, is amended by striking the items relating to sections 5505 and 5506 and inserting the following: 5505. University transportation centers program. 5506. Regional university transportation centers. 5507. University transportation research centers. .
12.
Bureau of Transportation Statistics
Section 111 of title 49, United States Code, is amended— (1)in subsection (c) by striking paragraph (5) and inserting the following: (5)
Transportation statistics
Collecting, compiling, analyzing, and publishing a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on— (A)transportation safety across all modes and intermodally; (B)the state of good repair of United States transportation infrastructure; (C)the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under subsection (g); (D)economic efficiency across the entire transportation sector; (E)the effects of the transportation system on global and domestic economic competitiveness; (F)demographic, economic, and other variables influencing travel behavior, including choice of transportation mode and goods movement; (G)transportation-related variables that influence the domestic economy and global competitiveness; (H)economic costs and impacts for passenger travel and freight movement; (I)intermodal and multimodal passenger movement; and (J)consequences of transportation for the environment. ; (2)by striking subsection (d) and inserting the following: (d)
Access to Federal data
In carrying out subsection (c), the Director shall be provided access to all transportation and transportation-related information and data, including that related to safety, held by any agency of the Department of Transportation and, upon written request and subject to any statutory or regulatory restrictions, to all such data held by any other Federal Government agency, that is germane to carrying out subsection (c). ; (3)by striking subsection (f) and inserting the following: (f)
National transportation library
(1)
In general
To support the information management and decisionmaking needs of transportation officials at the Federal, State, and local levels, the Bureau of Transportation Statistics shall maintain a National Transportation Library that shall— (A)be headed by an individual who is highly qualified in library and information science; (B)acquire, preserve, and manage transportation information and information products and services for use by the Department, other Federal agencies, and the general public; (C)provide reference and research assistance; (D)serve as a central depository for research results and technical publications of the Department; (E)provide a central clearinghouse for transportation data and information of the Federal Government; (F)serve as coordinator and policy lead for transportation data and information of the Federal Government; (G)provide transportation information and information products and services to— (i)the Department; (ii)other Federal agencies; (iii)public and private organizations; and (iv)individuals, within the United States as well as internationally; (H)coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance centers, with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in subsection (c)(5); and (I)engage in such other activities as the Director determines to be necessary and as the resources of the Library permit. (2)
Access
The Director shall publicize, facilitate, and promote access to the products and services described in subsection (a), with the goal of improving the ability of the transportation community to share information and the ability of the Director to make statistics readily accessible under subsection (c)(9). (3)
Agreements
(A)
In general
To carry out this subsection, the Director may enter into agreements with, provide grants to, and receive amounts from, any— (i)State or local government; (ii)organization; (iii)business; or (iv)individual. (B)
Contracts, grants, and agreements
The Library may initiate and support specific information and data management, access, and exchange activities relating to the strategic goals of the Department, knowledge networking, and national and international cooperation, by entering into contracts or other agreements or providing grants. (C)
Amounts
Any amounts received by the Library as payment for library products and services or other activities shall be made available to the Director to carry out this subsection and remain available until expended. ; (4)by striking subsection (m); (5)by redesignating subsections (n) and (o) as subsections (m) and (n), respectively; (6)in subsection (m) (as so redesignated) by striking (other than the Mass Transit account); (7)in subsection (n) (as so redesignated)— (A)in paragraph (2)— (i)by adding and after the semicolon in subparagraph (A); (ii)by striking subparagraph (B); and (iii)by redesignating subparagraph (C) as subparagraph (B); and (B)by striking paragraph (3) and inserting the following: (3)
Membership
The advisory council established under this subsection shall be composed of not fewer than 9 and not more than 11 members appointed by the Director, who are not officers or employees of the United States. Members shall include representation of a cross-section of transportation community stakeholders and shall include individuals with expertise or knowledge of statistics, economics, transportation safety, or transportation data analysis, collection, or application. ; and (8)by adding at the end the following: (o)
Transportation statistical collection, analysis, and dissemination
To ensure that all transportation statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director may— (1)use the services, equipment, records, personnel, information, and facilities of other Federal agencies, or State, local, and private agencies and instrumentalities, subject to the conditions that the applicable agency or instrumentality consents to that use; (2)enter into agreements with the agencies and instrumentalities described in paragraph (1) for purposes of data collection and analysis; (3)confer and cooperate with foreign governments, international organizations, and State, municipal, and other local agencies; (4)request such information, data, and reports from any Federal agency as the Director determines necessary to carry out this section, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data; and (5)encourage replication, coordination, and sharing among transportation agencies regarding information systems, information policy, and data. (p)
Furnishing of information, data, or reports by Federal agencies
Except in a case in which the disclosure of information, data, or reports by a Federal agency is expressly prohibited by law, a Federal agency requested to furnish information, data, or reports under subsection (d) shall provide such information to the Bureau. .