23 U.S.C. § 502
Section 502 · Surface transportation research
Current version, with additions and removals from the August 10, 2005 version.
(a) Basic Principles Governing Research and Technology Investments.—
(a) Basic Principles Governing Research and Technology Investments.—
(1) Applicability.—The research, development, and technology provisions of this section shall apply throughout this chapter.
(A) is of national significance;
(A) is of national significance;
(D) meets and addresses current or emerging needs;
(E) addresses current gaps in research;
(F) presents the best means to align resources with multiyear plans and priorities;
(G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers;
(H) educates transportation professionals; or
(A) conduct research;
(A) conduct research;
(D) support and facilitate technology and innovation deployment.
(D) lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment;
(E) leverage partnerships with industry, academia, international entities, and State departments of transportation;
(F) lead efforts to reduce unnecessary duplication of effort; and
(G) lead efforts to accelerate innovation delivery.
(A) fundamental, long-term highway research;
(A) fundamental, long-term highway research;
(B) research aimed at significant highway research gaps and emerging issues with national implications; and
(B) research aimed at significant highway research gaps and emerging issues with national implications; and
(C) research related to policy and planning.
(C) research related to all highway objectives seeking to improve the performance of the transportation system.
(8) Performance review 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 possible, 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.
(b) General Authority.—
(b) General Authority.—
(1) Research, development, and technology transfer activities.—The Secretary may carry out research, development, and technology transfer activities with respect to—
(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;
(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
(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).
(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.
(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—
(3) Cooperation, grants, and contracts.—The Secretary may carry out research, development, and technology transfer activities related to transportation—
(A) independently;
(A) independently;
(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or
(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.
(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.
(5) Funds.—
(5) Funds.—
(6) Pooled funding.—
(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.
(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.
(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) 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.
(7) Prize competitions.—
(A) In general.—The Secretary may use up to 1 percent of the funds made available under section 51001 of the Transportation Research and Innovative Technology Act of 2012 to carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research and technology development that has the potential for application to the national transportation system.
(B) Topics.—In selecting topics for prize competitions under this paragraph, the Secretary shall—
(i) consult with a wide variety of governmental and nongovernmental representatives; and
(ii) give consideration to prize goals that demonstrate innovative approaches and strategies to improve the safety, efficiency, and sustainability of the national transportation system.
(C) Advertising.—The Secretary shall encourage participation in the prize competitions through advertising efforts.
(D) Requirements and registration.—For each prize competition, the Secretary shall publish a notice on a public website that describes—
(i) the subject of the competition;
(ii) the eligibility rules for participation in the competition;
(iii) the amount of the prize; and
(iv) the basis on which a winner will be selected.
(E) Eligibility.—An individual or entity may not receive a prize under this paragraph unless the individual or entity—
(i) has registered to participate in the competition pursuant to any rules promulgated by the Secretary under this section;
(ii) has complied with all requirements under this paragraph;
(iii)(I) in the case of a private entity, is incorporated in, and maintains a primary place of business in, the United States; or
(II) in the case of an individual, whether participating singly or in a group, is a citizen or permanent resident of the United States;
(iv) is not a Federal entity or Federal employee acting within the scope of his or her employment; and
(v) has not received a grant to perform research on the same issue for which the prize is awarded.
(F) Liability.—
(i) Assumption of risk.—
(I) In general.—A registered participant shall agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise.
(II) Related entity.—In this subparagraph, the term "related entity" means a contractor, subcontractor (at any tier), supplier, user, customer, cooperating party, grantee, investigator, or detailee.
(ii) Financial responsibility.—A participant shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by—
(I) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant's insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and
(II) the Federal Government for damage or loss to Government property resulting from such an activity.
(G) Judges.—
(i) Selection.—Subject to clause (iii), for each prize competition, the Secretary, either directly or through an agreement under subparagraph (H), may appoint 1 or more qualified judges to select the winner or winners of the prize competition on the basis of the criteria described in subparagraph (D).
(ii) Selection.—Judges for each competition shall include individuals from outside the Federal Government, including the private sector.
(iii) Limitations.—A judge selected under this subparagraph may not—
(I) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in a prize competition under this paragraph; or
(II) have a familial or financial relationship with an individual who is a registered participant.
(H) Administering the competition.—The Secretary may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this paragraph.
(I) Funding.—
(i) In general.—
(I) Private sector funding.—A cash prize under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector.
(II) Government funding.—The Secretary may accept funds from other Federal agencies, State and local governments, and metropolitan planning organizations for a cash prize under this paragraph.
(III) No special consideration.—The Secretary may not give any special consideration to any private sector entity in return for a donation under this subparagraph.
(ii) Availability of funds.—Notwithstanding any other provision of law, amounts appropriated for prize awards under this paragraph—
(I) shall remain available until expended; and
(II) may not be transferred, reprogrammed, or expended for other purposes until after the expiration of the 10-year period beginning on the last day of the fiscal year for which the funds were originally appropriated.
(iii) Savings provision.—Nothing in this subparagraph may be construed to permit the obligation or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341).
(iv) Prize announcement.—A prize may not be announced under this paragraph until all the funds needed to pay out the announced amount of the prize have been appropriated by a governmental source or committed to in writing by a private source.
(v) Prize increases.—The Secretary may increase the amount of a prize after the initial announcement of the prize under this paragraph if—
(I) notice of the increase is provided in the same manner as the initial notice of the prize; and
(II) the funds needed to pay out the announced amount of the increase have been appropriated by a governmental source or committed to in writing by a private source.
(vi) Congressional notification.—A prize competition under this paragraph may offer a prize in an amount greater than $1,000,000 only after 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives.
(vii) Award limit.—A prize competition under this section may not result in the award of more than $25,000 in cash prizes without the approval of the Secretary.
(J) Compliance with existing law.—The Federal Government shall not, by virtue of offering or providing a prize under this paragraph, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regulations.
(K) Notice and annual report.—
(i) In general.—Not later than 30 days prior to carrying out an activity under subparagraph (A), the Secretary shall notify the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate of the intent to use such authority.
(ii) Reports.—
(I) In general.—The Secretary shall submit to the committees described in clause (i) on an annual basis a report on the activities carried out under subparagraph (A) in the preceding fiscal year if the Secretary exercised the authority under subparagraph (A) in that fiscal year.
(II) Information included.—A report under this subparagraph shall include, for each prize competition under subparagraph (A)—
(aa) a description of the proposed goals of the prize competition;
(bb) an analysis of why the use of the authority under subparagraph (A) was the preferable method of achieving the goals described in item (aa) as opposed to other authorities available to the Secretary, such as contracts, grants, and cooperative agreements;
(cc) the total amount of cash prizes awarded for each prize competition, including a description of the amount of private funds contributed to the program, the source of such funds, and the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the Department for recording as obligations and expenditures;
(dd) the methods used for the solicitation and evaluation of submissions under each prize competition, together with an assessment of the effectiveness of such methods and lessons learned for future prize competitions;
(ee) a description of the resources, including personnel and funding, used in the execution of each prize competition together with a detailed description of the activities for which such resources were used and an accounting of how funding for execution was allocated among the accounts of the agency for recording as obligations and expenditures; and
(ff) a description of how each prize competition advanced the mission of the Department.
(c) Collaborative Research and Development.—
(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—
(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
(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.
(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.
(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.—
(3) 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).
(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).
(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.