23 U.S.C. § 510 : US Code - Section 510: Future strategic highway research program

Search 23 U.S.C. § 510 : US Code - Section 510: Future strategic highway research program

(a) Establishment. - The Secretary, in consultation with the
American Association of State Highway and Transportation Officials,
shall establish and carry out, acting through the National Research
Council of the National Academy of Sciences, the future strategic
highway research program.
(b) Cooperative Agreements. - The Secretary may make grants to,
and enter into cooperative agreements with, the American
Association of State Highway and Transportation Officials and the
National Academy of Sciences to carry out such activities under
this section as the Secretary determines are appropriate.
(c) Program Priorities. -
(1) Program elements. - The program established under this
section shall be based on the National Research Council Special
Report 260, entitled "Strategic Highway Research: Saving Lives,
Reducing Congestion, Improving Quality of Life" and the results
of the detailed planning work subsequently carried out in 2002
and 2003 to identify the research areas through National
Cooperative Research Program Project 20-58. The research program
shall include an analysis of the following:
(A) Renewal of aging highway infrastructure with minimal
impact to users of the facilities.
(B) Driving behavior and likely crash causal factors to
support improved countermeasures.
(C) Reducing highway congestion due to nonrecurring
congestion.
(D) Planning and designing new road capacity to meet
mobility, economic, environmental, and community needs.
(2) Dissemination of results. - The research results of the
program, expressed in terms of technologies, methodologies, and
other appropriate categorizations, shall be disseminated to
practicing engineers for their use, as soon as practicable.
(d) Program Administration. - In carrying out the program under
this section, the National Research Council shall ensure, to the
maximum extent practicable, that -
(1) projects and researchers are selected to conduct research
for the program on the basis of merit and open solicitation of
proposals and review by panels of appropriate experts;
(2) State department of transportation officials and other
stakeholders, as appropriate, are involved in the governance of
the program at the overall program level and technical level
through the use of expert panels and committees;
(3) the Council acquires a qualified, permanent core staff with
the ability and expertise to manage the program and multiyear
budget; and
(4) there is no duplication of research effort between the
program and any other research effort of the Department.
(e) Report on Implementation of Results. -
(1) Report. - The Transportation Research Board of the National
Research Council shall complete a report on the strategies and
administrative structure to be used for implementation of the
results of the future strategic highway research program.
(2) Components. - The report under paragraph (1) shall include
with respect to the program -
(A) an identification of the most promising results of
research under the program (including the persons most likely
to use the results);
(B) a discussion of potential incentives for, impediments to,
and methods of, implementing those results;
(C) an estimate of costs of implementation of those results;
and
(D) recommendations on methods by which implementation of
those results should be conducted, coordinated, and supported
in future years, including a discussion of the administrative
structure and organization best suited to carry out those
recommendations.
(3) Consultation. - In developing the report, the
Transportation Research Board shall consult with a wide variety
of stakeholders, including -
(A) the Federal Highway Administration;
(B) the National Highway Traffic Safety Administration; and
(C) the American Association of State Highway and
Transportation Officials.
(4) Submission. - Not later than February 1, 2009, the report
shall be submitted to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(f) Funding. -
(1) Federal share. - The Federal share of the cost of an
activity carried out using amounts made available under a grant
or cooperative agreement under this section shall be 100 percent,
and such funds shall remain available until expended.
(2) Advance payments. - The Secretary may make advance payments
as necessary to carry out the program under this section.
(g) Limitation of Remedies. -
(1) Same remedy as if united states. - The remedy against the
United States provided by sections 1346(b) and 2672 of title 28
for injury, loss of property, personal injury, or death shall
apply to any claim against the National Academy of Sciences for
money damages for injury, loss of property, personal injury, or
death caused by any negligent or wrongful act or omission by
employees and individuals described in paragraph (3) arising from
activities conducted under or in connection with this section.
Any such claim shall be subject to the limitations and exceptions
which would be applicable to such claim if such claim were
against the United States. With respect to any such claim, the
Secretary shall be treated as the head of the appropriate Federal
agency for purposes of sections 2672 and 2675 of title 28.
(2) Exclusiveness of remedy. - The remedy referred to in
paragraph (1) shall be exclusive of any other civil action or
proceeding for the purpose of determining liability arising from
any such act or omission without regard to when the act or
omission occurred.
(3) Treatment. - Employees of the National Academy of Sciences
and other individuals appointed by the president of the National
Academy of Sciences and acting on its behalf in connection with
activities carried out under this section shall be treated as if
they are employees of the Federal Government under section 2671
of title 28 for purposes of a civil action or proceeding with
respect to a claim described in paragraph (1). The civil action
or proceeding shall proceed in the same manner as any proceeding
under chapter 171 of title 28 or action against the United States
filed pursuant to section 1346(b) of title 28 and shall be
subject to the limitations and exceptions applicable to such a
proceeding or action.
(4) Sources of payments. - Payment of any award, compromise, or
settlement of a civil action or proceeding with respect to a
claim described in paragraph (1) shall be paid first out of
insurance maintained by the National Academy of Sciences, second
from funds made available to carry out this section, and then
from sums made available under section 1304 of title 31. For
purposes of such section, such an award, compromise, or
settlement shall be deemed to be a judgment, award, or settlement
payable under section 2414 or 2672 of title 28. The Secretary may
establish a reserve of funds to carry out this section for making
payments under this paragraph.