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[Senate Report 112-236]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-236
_______________________________________________________________________

                                     

                                                       Calendar No. 541

 
                   RESEARCH AND INNOVATIVE TECHNOLOGY
                   ADMINISTRATION REAUTHORIZATION ACT

                                OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1953

                                     

               November 13, 2012.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 541
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-236

======================================================================

 RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION REAUTHORIZATION ACT 
                                OF 2011

                                _______
                                

               November 13, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1953]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1953) to reauthorize the 
Research and Innovative Technology Administration, to improve 
transportation research and development, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  S. 1953, the Research and Innovative Technology 
Administration Reauthorization Act of 2011, would reauthorize 
the Federal research and data collection programs under the 
management of RITA of the U.S. Department of Transportation 
(DOT) for fiscal years 2012 and 2013.

                          Background and Needs

  Research is critical to developing and maintaining a 
transportation system that is safe, mobile, economically 
viable, efficient, equitable, and environmentally sustainable. 
Through the development of new materials, production methods, 
design and planning tools, and data management techniques, 
research has made possible much of the progress in 
transportation over the last century. The Federal role in 
transportation research, development, and technology is 
particularly vital, as the Federal Government is in a unique 
position to undertake and sustain large-scale, high-risk, long-
term research that is cost-prohibitive for small private and 
public sector organizations.
  Data collection is necessary to support prudent 
transportation decision-making at all levels of government. 
Data on household travel behavior, freight movement, vehicle 
use, infrastructure condition, and operational performance are 
particularly critical to identifying emerging trends, 
supporting transportation research, and evaluating the 
effectiveness of transportation programs, while assuring that 
future decision makers have the information they need to 
respond and adapt to changing conditions.
  The Federal transportation research and data collection 
programs are administered by RITA of DOT. RITA was established 
in 2005 by the Norman Y. Mineta Research and Special Programs 
Improvement Act (118 Stat. 2423). RITA's formation was part of 
a DOT-wide reorganization to create one agency solely focused 
on promoting transportation research. RITA coordinates DOT's 
research and education programs, advances the deployment of 
cross-modal technologies into the transportation system, 
supplies comprehensive transportation statistics, research, and 
analysis, and supports education and training in transportation 
and transportation-related fields. Within RITA there are 
several program offices which report directly to the RITA 
Administrator. These offices consist of the following:

           Office of Research, Development and 
        Technology (RD&T). RITA's RD&T coordinates research 
        across all modes of transportation and promotes 
        advanced innovative transportation solutions. RD&T 
        coordinates a research planning council, a planning 
        team, and several research clusters that are dedicated 
        to certain multimodal research subjects.

           Bureau of Transportation Statistics (BTS). 
        BTS provides comprehensive data about the Nation's 
        transportation networks. This data reveals how people, 
        goods, and vehicles move through the system; and also 
        measures the impact of social, economic, and 
        environmental factors on system performance. BTS is the 
        source of much of the Nation's data on the operations 
        and finances of commercial airlines. BTS also conducts 
        the Commodity Flow Survey, the only nationwide 
        intermodal freight data source.

           National Transportation Library (NTL). Part 
        of BTS, NTL maintains and facilitates access to 
        statistical and other information needed for 
        transportation decision-making at the Federal, State, 
        and local levels. It also coordinates with public and 
        private transportation libraries and information 
        providers to improve information sharing among the 
        transportation community.

           John A. Volpe National Transportation 
        Systems Center. The John A. Volpe National 
        Transportation Systems Center, located in Cambridge, 
        Massachusetts, partners with organizations across 
        government and the private sector to research and 
        develop solutions to emerging transportation issues.

  Legislation is needed to improve DOT's coordination of 
research efforts and data collection activities, and to clarify 
its authority to utilize competition to spur innovative 
transportation research. Legislation is also needed to clarify 
the role and authorities of certain program offices under 
RITA's administration.

                         Summary of Provisions

  S. 1953 would reauthorize certain programs administered by 
RITA. The bill would improve DOT's transportation research by 
coordinating research across modes, enhancing data gathering 
for multimodal projects, and allowing for competition and 
prizes in innovative research. The RITA Reauthorization Act of 
2011 would:

           Direct the National Academy of Sciences to 
        coordinate research agendas, project selections, and 
        competitions under the National Cooperative Freight 
        Research Program.

           Establish a Multimodal Innovative Research 
        Program to promote the development of technological 
        solutions to multimodal transportation issues and of 
        partnerships in transportation research to address 
        transportation problems that affect modal interfaces or 
        multiple transportation modes.

           Consolidate BTS under RITA and enhance BTS's 
        NTL as a fully functioning national library to serve as 
        a repository of transportation information.

           Direct the Secretary of Transportation to 
        report on implementing Dedicated Short Range 
        Communication (DSRC) technologies to enable the 
        deployment of Intelligent Transportation Systems-
        specific highway safety technologies. Such technologies 
        include traffic light control, traffic monitoring, 
        travelers' alerts, automatic toll collection, traffic 
        congestion detection, emergency vehicle signal 
        preemption of traffic lights, and electronic inspection 
        of moving trucks through data transmissions with 
        roadside inspection facilities.

           Enhance RITA's authority to enter into 
        agreements with other stakeholders and to hold contests 
        and award prizes as a tool for promoting innovation.

           Establish a National Travel Data Program to 
        collect essential national passenger and freight data 
        to help inform transportation operations, policy, and 
        investment decisions by Federal, State, and local 
        governments and the private sector.

                          Legislative History

  S. 1953 was introduced on December 7, 2011, by Senators 
Lautenberg and Rockefeller and referred to the Senate Committee 
on Commerce, Science, and Transportation. On December 14, 2011, 
the Committee met in open Executive Session and, by a voice 
vote, ordered S. 1953 reported without amendment.
    With some modifications, the provisions of S. 1953 were 
enacted into law in Division E of the Moving Ahead for Progress 
in the 21st Century Act of 2012 (126 Stat. 864), which was 
signed into law on July 6, 2012.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1953--Research and Innovative Technology Administration 
        Reauthorization Act of 2011

    Summary: S. 1953 would authorize funds for the Bureau of 
Transportation Statistics (BTS) within the Research and 
Innovative Technology Administration (RITA) and for several new 
programs within RITA. The bill would set the amount of contract 
authority (a mandatory form of budget authority to incur 
obligations in advance of appropriations) for the authorized 
programs at $55 million in 2012 and $56 million in 2013.
    Consistent with the rules in the Balanced Budget and 
Emergency Deficit Control Act for constructing the baseline, 
CBO assumes that funding provided by the bill for 2013, the 
last year of the authorization, would continue at the same rate 
in each of the following years. Hence, CBO estimates that 
enacting the bill would result in baseline contract authority 
totaling $615 million over the 2012-2022 period. That projected 
funding level represents an increase of $318 million above the 
amounts of contract authority currently projected in CBO's 
baseline for the 2012-2021 period for programs authorized in 
the bill.
    CBO expects that spending for the programs authorized in 
the bill will continue to be controlled by limits on annual 
obligations set in appropriation acts. Consequently, the 
changes in contract authority would not increase outlays from 
mandatory spending. As a result, CBO estimates that enacting S. 
1953 would not affect outlays from direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The bill does not authorize an obligation limitation level 
for the RITA programs. However, for this estimate, CBO assumes 
that the limitation for such programs would equal the amount of 
contract authority provided. The RITA obligation limitation for 
2012, which was enacted in the Consolidated and Further 
Continuing Appropriations Act, 2012 (Public Law 112-55), 
totaled about $28 million less than the contract authority 
authorized by S. 1953. CBO estimates that the bill also would 
authorize the appropriation of $5 million to award cash prizes 
to researchers studying technologies that could change the 
transportation system. Assuming enactment of the estimated 
obligation limitations for 2012 and 2013 and the amounts 
necessary for the prize award, CBO estimates that implementing 
the bill would cost $89 million over the 2012-2017 period.
    S. 1953 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    S. 1953 would impose a private-sector mandate, as defined 
in UMRA, because it would require members of households to 
respond to data requests from the Bureau of Transportation 
Statistics. CBO estimates that the cost of this private-sector 
mandate would fall below the annual threshold established in 
UMRA ($146 million in 2012, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1953 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars----
                                                ----------------------------------------------------------------
                                                   2012     2013     2014     2015     2016     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authoritya....................       28       29       29       29       29       29       173
Estimated Outlays..............................        0        0        0        0        0        0         0

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

RITA Programs:
    Estimated Obligation Limitationb...........       28       56        0        0        0        0        84
    Estimated Outlays..........................       10       40       20       10        4        0        84
Research Prize:
    Estimated Authorization Level..............        5        0        0        0        0        0         5
    Estimated Outlays..........................        0        1        2        2        0        0         5
    Total Changes:
        Estimated Discretionary Resources......       33       56        0        0        0        0        89
        Estimated Outlays......................       10       41       22       12        4        0        89
----------------------------------------------------------------------------------------------------------------
Notes: RITA = Research and Innovative Technology Administration.
a. S. 1953 would provide $318 million in budget authority over the 2012-2022 period.
b. Estimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated
  by CBO. (Outlays stemming from additional contract authority shown in the table would be authorized in future
  legislation that covers the period after 2013.)

                           BASIS OF ESTIMATE

Direct Spending

    S. 1953 would provide budget authority (in the form of 
contract authority) of $55 million in 2012 and $56 million in 
2013 for programs administered by the BTS and RITA. The bill 
would authorize several new programs, including programs to 
collect data on travel nationwide and a research program 
intended to focus on multiple modes of transportation.
    The current contract authority available for BTS programs 
authorized by the bill is $13.5 million through March 31, 2012. 
Consistent with the rules in the Balanced Budget and Emergency 
Deficit Control Act for constructing the baseline, CBO assumes 
that funding provided for the first six months of 2012 will 
continue at the same rate through the rest of this year (for a 
total level of $27 million) and in each subsequent year. 
Because of the baseline construction rules, CBO estimates that 
enacting the bill would add less than $500,000 of contract 
authority in 2012 and about $1 million of contract authority in 
2013 to the baseline projection for programs currently 
administered by BTS and RITA. The bill also would appropriate 
$28 million in contract authority for new programs, including 
programs to collect data on travel nationwide and a research 
program intended to focus on multiple modes of transportation. 
In total, CBO estimates that enacting the bill would add $173 
million to the baseline projection over the 2013-2017 period 
and $290 million over the 2013-2022 period for BTS programs.

Spending Subject to Appropriation

    Spending Subject to the Obligation Limitation. CBO expects 
that the contract authority provided in the bill would be 
controlled by limitations on obligations set in annual 
appropriation acts. The bill does not authorize an obligation 
limitation level. However, CBO's estimate of discretionary 
spending under this legislation reflects obligation limitations 
that are estimated to equal the contract authority provided in 
the bill. For this estimate, CBO did not project this 
discretionary authority past fiscal year 2013, the period 
covered by the legislation. Because the 2012 obligation 
limitation has already been enacted, CBO's estimate of the 
costs of this bill for 2012 only assumes the difference between 
that current-law limit ($27 million) and the amount of contract 
authority provided in S. 1953 ($55 million). We further 
estimate that the obligation limitation for 2013 would be $56 
million. As a result, CBO estimates that implementing the RITA 
provisions of the bill would cost $84 million over the 2012-
2017 period.
    Research Prize. Based on information from the Department of 
Transportation, CBO estimates that awarding cash prizes to 
researchers working on technologies that could affect the 
transportation system would cost $5 million, assuming 
appropriation of the necessary amount.
    Estimated impact on state, local, and tribal governments: 
S. 1953 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: Currently, the 
Census Bureau and BTS conduct several household surveys to 
collect data on travel behavior and transportation patterns. 
Participation in some of those surveys is voluntary for 
household members. S. 1953 would impose a private-sector 
mandate by making participation mandatory for certain household 
surveys. Members of households would be required to respond to 
requests for data from BTS. In general, survey respondents 
would only have to supply BTS with information, records, or 
statistics that are in their possession and readily available. 
Furthermore, large numbers of survey respondents voluntarily 
comply with requests from the federal government for travel 
data. Therefore, CBO estimates that the incremental cost of 
this private-sector mandate would fall below the annual 
threshold established in UMRA ($146 million in 2012, adjusted 
annually for inflation).
    Estimate prepared by: Federal Costs: Sarah Puro; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Vi Nguyen.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1953 would reauthorize RITA. RITA administers the Federal 
transportation research and data collection programs, and this 
bill would improve its coordination of research efforts and its 
data collection activities. This bill would clarify RITA's 
authority to utilize competition to spur innovative 
transportation research. The bill affects RITA, and it does not 
authorize any new regulations and therefore would not subject 
any individuals or businesses to new regulations.

                            ECONOMIC IMPACT

  S. 1953 is not expected to have an adverse economic impact on 
the Nation. This bill would authorize $55,297,000 for fiscal 
year 2012 and $55,597,000 for fiscal year 2013 to carry out 
this bill to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account). These funding levels are 
relatively modest and are not expected to have an inflationary 
impact on the Nation's economy.

                                PRIVACY

  S. 1953 would not have any effect on the personal privacy of 
individuals.

                               PAPERWORK

  S. 1953 would not increase paperwork requirements for private 
individuals or businesses. The bill would require four reports 
from the Federal Government, two of which would need to be 
revised periodically. The first report would be provided to the 
Committee on Commerce, Science, and Transportation of the 
Senate and Committee on Energy and Commerce of the House of 
Representatives by the Secretary of Transportation within three 
years after the date of the enactment of this legislation. It 
would define a recommended implementation path for DSRC 
technology and applications and would include guidance 
concerning the relationship of the proposed DSRC deployment to 
Intelligent Transportation System National Architecture and 
Standards. The Secretary would be required to update its five-
year transportation research and development strategic plan to 
guide Federal transportation research and development 
activities within one year after the enactment of S. 1953. The 
Secretary is already required to submit an annual report to 
appropriate committees of Congress describing the amounts spent 
in the last competed fiscal year on transportation research and 
development and the amount proposed in the current budget for 
transportation and development, and S. 1953 would continue this 
practice. The third report would be from the Secretary to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives within one year after the date 
of the enactment of this legislation. It would provide a five-
year plan for implementing a National Travel Data Program that 
would include benchmarks and goals for the Program. The 
Secretary would be required to submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the activities of the Program upon 
its establishment and every two years thereafter.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short Title, Table of Contents.

  The short title of this bill is the ``Research and Innovative 
Technology Administration Reauthorization Act of 2011''. This 
section includes the table of contents for this bill.

Section 2. National Cooperative Freight Research Program.

  This section would require that the National Academy of 
Sciences coordinate research agendas, research project 
selections, and competitions across all transportation-related 
cooperative research programs in order to improve research 
coordination and make more efficient use of existing resources.

Section 3. Multimodal Innovative Research Program.

  This section would establish a Multimodal Innovative Research 
Program (Program). The Program would support the development of 
technology solutions for multimodal transportation issues and 
partnerships in transportation research to address 
transportation problems at modal interfaces or affecting more 
than one transportation mode. The Program would be authorized 
to competitively award contracts or cooperative agreements to 
State and local transportation agencies, and other public, 
private, and academic stakeholders to develop innovative 
approaches to solve multimodal transportation problems. This 
section would make available, from funds authorized under 
section 13 of this Act, $20 million for each of fiscal years 
2012 and 2013 to establish and maintain the Program. The 
Secretary of Transportation would be authorized to expend not 
more than 1.5 percent of amounts made available under this 
section to carry out program coordination.

Section 4. Bureau of Transportation Statistics.

  This section would consolidate BTS under the administration 
of RITA and make enhancements to its existing authority. This 
section would clarify that BTS' responsibilities cover 
multimodal safety data by adding a provision that would direct 
BTS to conduct a Safety Data and Analysis Program. This 
clarification would enable BTS to integrate safety data across 
modes and address gaps in existing DOT safety data programs. 
This section would authorize BTS to create and manage a 
collaborative safety data program for DOT. This section would 
revise the list of data collections and analyses to support 
planning, decision-making, and program assessment and 
evaluation.
  This section would designate NTL as a fully functioning 
national library, with authority equivalent to the other three 
national libraries, and would designate NTL as the central 
repository for DOT research and technical reports. This section 
would allow NTL to establish agreements with other 
transportation libraries and information centers, both public 
and private, to facilitate national transportation knowledge 
network development.
  This section would also clarify BTS as an independent Federal 
statistical agency, with the authority to work directly with 
the Office of Management and Budget on matters pertaining to 
implementation of the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.).
  This section would strengthen mandatory response authority 
for freight data collection, broaden mandatory response 
authority for freight data collection to include households, 
and provide mandatory response authority for passenger travel 
surveys.

Section 5. 5.9 GHZ Vehicle-to-Vehicle and Vehicle-to-Infrastructure 
        Communications Systems Deployment.

  This section would require the Secretary to issue a report 
defining a DSRC implementation within three years of enactment. 
The report would include guidance concerning the relationship 
of the proposed DSRC deployment to the ITS National 
Architecture and Standards.

Section 6. Administrative Authority.

  This section would allow RITA to expend not more than 1.5 
percent of amounts made available through this Act for the 
coordination, evaluation, and oversight of RITA-administered 
programs. This section would also authorize the Secretary to 
enter into agreements with transportation-stakeholders, such as 
State and local governments, foreign governments, colleges and 
universities, trade associations, and private parties, to carry 
out research and develop solutions to multimodal transportation 
problems and stimulate the deployment of new technology.

Section 7. Prize Authority.

  This section would provide the Secretary of Transportation 
with the authority to conduct competitions and award prizes as 
a tool to promote innovation in the transportation arena 
through open competition and collaboration to address specific 
and difficult policy and technical problems.

Section 8. Transportation Research and Development.

  This section would require the Secretary to revise its five-
year transportation research and development strategic plan. 
This section would also amend the requirements of 
transportation research and development strategic plan by 
placing safety as the top research priority and by directing 
the Secretary to coordinate the plan with DOT's strategic goals 
and planning efforts.

Section 9. Use of Funds for Intelligent Transportation Systems 
        Activities.

  This section would increase the current cap of $250,000 to 
$500,000 on the use of Intelligent Transportation Systems 
Research funds for outreach, websites, public relations, 
displays, tours, and brochures.

Section 10. National Travel Data Program.

  This section would direct the Secretary of Transportation 
within 18 months after the enactment of this Act to establish a 
National Travel Data Program to collect essential national 
passenger and freight travel data to help guide transportation 
operations, policy, and investment decisions by Federal, State, 
and local governments and the private sector. This section 
would make available, from funds authorized under section 11 of 
this Act, $8 million for each of fiscal years 2012 and 2013 to 
establish and maintain the program.

Section 11. Authorization of Appropriations.

  This section would authorize $55,297,000 for fiscal year 2012 
and $55,597,000 for fiscal year 2013, to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account), 
to carry out this bill.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                           TITLE 23. HIGHWAYS

             CHAPTER 5. RESEARCH, TECHNOLOGY, AND EDUCATION

508. Transportation research and development strategic planning

    (a) In General.--
            (1) Development.--Not later than 1 year after the 
        date of enactment of the [SAFETEA-LU] Research and 
        Innovative Technology Administration Reauthorization 
        Act of 2011, the Secretary 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--
                    [(A) describe the primary purposes of the 
                transportation research and development 
                program, which shall include, at a minimum--
                            [(i) reducing congestion and 
                        improving mobility;
                            [(ii) promoting safety;
                            [(iii) promoting security;
                            [(iv) protecting and enhancing the 
                        environment;
                            [(v) preserving the existing 
                        transportation system; and
                            [(vi) improving the durability and 
                        extending the life of transportation 
                        infrastructure;]
                    (A) describe the primary purposes of the 
                transportation research and development 
                program, which shall include--
                            (i) promoting safety;
                            (ii) reducing congestion and 
                        improving mobility;
                            (iii) promoting security;
                            (iv) protecting and enhancing the 
                        environment;
                            (v) preserving the existing 
                        transportation system; and
                            (vi) improving transportation 
                        infrastructure, in coordination with 
                        Department of Transportation strategic 
                        goals and planning efforts;
                    (B) for each purpose, list the primary 
                research and development topics that the 
                Department intends to pursue to accomplish that 
                purpose, which may include the fundamental 
                research in the physical and natural sciences, 
                applied research, technology development, and 
                social science research intended for each 
                topic; and
                    (C) for each research and development 
                topic, describe--
                            (i) the anticipated annual funding 
                        levels for the period covered by the 
                        strategic plan; and
                            (ii) the additional information the 
                        Department expects to gain at the end 
                        of the period covered by the strategic 
                        plan as a result of the research and 
                        development in that topic area.
            (3) Considerations.--In developing the strategic 
        plan, the Secretary shall ensure that the plan--
                    (A) reflects input from a wide range of 
                stakeholders;
                    (B) includes and integrates the research 
                and development programs of all the 
                Department's operating administrations, 
                including aviation, transit, rail, and 
                maritime; and
                    (C) takes into account how research and 
                development by other Federal, State, private 
                sector, and nonprofit institutions contributes 
                to the achievement of the purposes identified 
                under paragraph (2)(A), and avoids unnecessary 
                duplication with these efforts.
            (4) Performance plans and reports.--In reports 
        submitted under sections 1115 and 1116 of title 31, the 
        Secretary shall include--
                    (A) a summary of the Federal transportation 
                research and development activities for the 
                previous fiscal year in each topic area;
                    (B) the amount of funding spent in each 
                topic area;
                    (C) a description of the extent to which 
                the research and development is meeting the 
                expectations set forth in paragraph (2)(C)(ii); 
                and
                    (D) any amendments to the strategic plan.
    (b) Annual Report.--The Secretary shall submit to 
appropriate committees of Congress an annual report, in 
conjunction with the President's annual budget request as set 
forth in section 1105 of title 31, describing the amount spent 
in the last completed fiscal year on transportation research 
and development and the amount proposed in the current budget 
for transportation research and development.
    (c) National Research Council Review.--The Secretary shall 
enter into an agreement for the review by the National Research 
Council of the details of each--
            (1) strategic plan under this section;
            (2) performance plan required under section 1115 of 
        title 31; and
            (3) program performance report required under 
        section 1116 of title 31, with respect to 
        transportation research and development.

509. National cooperative freight transportation research program

           *       *       *       *       *       *       *

    (d) Governance.--The national cooperative freight 
transportation research program established under this section 
shall include the following administrative and management 
elements:
            (1) National research agenda.--The advisory 
        committee, in consultation with interested parties, 
        shall recommend a national research agenda for the 
        program. The agenda shall include a multiyear strategic 
        plan.--
            (2) Involvement.--Interested parties may--
                    (A) submit research proposals to the 
                advisory committee;
                    (B) participate in merit reviews of 
                research proposals and peer reviews of research 
                products; and
                    (C) receive research results.
            (3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award 
        research contracts and grants under the program through 
        open competition and merit review conducted on a 
        regular basis.
            (4) Evaluation of research.--
                    (A) Peer review.--Research contracts and 
                grants under the program may allow peer review 
                of the research results.
                    (B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic 
                programmatic evaluations on a regular basis of 
                research contracts and grants.
            (5) Dissemination of research findings.--The 
        National Academy of Sciences shall disseminate research 
        findings to researchers, practitioners, and 
        decisionmakers, through conferences and seminars, field 
        demonstrations, workshops, training programs, 
        presentations, testimony to government officials, the 
        World Wide Web, publications for the general public, 
        and other appropriate means.
            (6) Coordination of cooperative research.--The 
        National Academy of Sciences shall coordinate research 
        agendas, research project selections, and competitions 
        across all transportation-related cooperative research 
        programs conducted by the National Academy of Sciences 
        to ensure program efficiency, effectiveness, and 
        sharing of research findings.

 [ 513. Use of funds for ITS activities

    [(a) In General.--For each fiscal year, not more than 
$250,000 of the funds made available to carry out this subtitle 
C of title V of the SAFETEA-LU shall be used for intelligent 
transportation system outreach, public relations, displays, 
tours, and brochures.
    [(b) Applicability.--Subsection (a) shall not apply to 
intelligent transportation system training, scholarships, or 
the publication or distribution of research findings, technical 
guidance, or similar documents.]

513. Use of funds for ITS activities

    (a) In General.--The Secretary may use not more than 
$500,000 of the amounts made available to the Department for 
each fiscal year to carry out the Intelligent Transportation 
Systems Program (referred to in this section as ``ITS'') on 
intelligent transportation system outreach, websites, public 
relations, displays, tours, and brochures.
    (b) Purpose.--Amounts authorized for use under subsection 
(a) are intended to develop, administer, communicate, and 
promote the use of products of research, technology, and 
technology transfer programs under this section.
    (c) ITS Deployment Incentives.--
            (1) In general.--The Secretary may develop and 
        implement incentives to accelerate the deployment of 
        ITS technologies and services within all programs 
        receiv ing amounts appropriated pursuant to section 11 
        of the Research and Innovative Technology 
        Administration Reauthorization Act of 2011.
            (2) Comprehensive plan.--The Secretary shall 
        develop a detailed and comprehensive plan to carry out 
        this subsection that addresses how incentives may be 
        adopted, as appropriate, through the existing 
        deployment activities carried out by surface 
        transportation modal administrations.

                        TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

112. Research and Innovative Technology Administration

    (a) Establishment.--The Research and Innovative Technology 
Administration shall be an administration in the Department of 
Transportation.
    (b) Administrator.--
            (1) Appointment.--The Administration shall be 
        headed by an Administrator who shall be appointed by 
        the President, by and with the advice and consent of 
        the Senate.
            (2) Reporting.--The Administrator shall report 
        directly to the Secretary.
    (c) Deputy Administrator.--The Administration shall have a 
Deputy Administrator who shall be appointed by the Secretary of 
Transportation. The Deputy Administrator shall carry out duties 
and powers prescribed by the Administrator.
    (d) Powers and Duties of the Administrator.--The 
Administrator shall carry out--
            (1) powers and duties prescribed by the Secretary 
        for--
                    (A) coordination, facilitation, and review 
                of the Department's research and development 
                programs and activities;
                    (B) advancement, and research and 
                development, of innovative technologies, 
                including intelligent transportation systems;
                    (C) comprehensive transportation statistics 
                research, analysis, and reporting;
                    (D) education and training in 
                transportation and transportation-related 
                fields; and
                    (E) activities of the Volpe National 
                Transportation Center; and
            (2) other powers and duties prescribed by the 
        Secretary.
    (e) Administrative Authorities.--The Administrator may 
enter into grants and cooperative agreements with Federal 
agencies, State and local government agencies, other public 
entities, private organizations, and other persons--
            (1) to conduct research into transportation service 
        and infrastructure assurance; and
            (2) to carry out other research activities of the 
        Administration.
    (f) Program Evaluation and Oversight.--The Administrator is 
authorized to expend not more than 1.5 percent of the amounts 
authorized to be appropriated for each of the fiscal years 2012 
and 2013, for necessary expenses for administration and 
operations of the Research and Innovative Technology 
Administration for 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, 
                colleges and universities, 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, other transactions, and cooperative research 
        and development agreements (as defined insection 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, 
        universities, associations, and the agents of such 
        entities to conduct joint transportation research and 
        technology efforts.
            (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 may not 
                exceed 50 percent unless the Secretary approves 
                a greater Federal share due to substantial 
                public interest or benefit.
                    (B) 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 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, grant, or other agreement entered 
        into under this chapter.

                  CHAPTER 3. GENERAL DUTIES AND POWERS

                     SUBCHAPTER II. ADMINISTRATIVE

335. Prize authority

    (a) In General.--The Secretary of Transportation may carry 
out a program, in accordance with this section, to 
competitively award cash prizes to stimulate innovation in 
basic and applied research, technology development, and 
prototype demonstration that have the potential for application 
to the national transportation system.
    (b) Topics.--In selecting topics for prize competitions 
under this section, the Secretary shall--
            (1) consult with a wide variety of Government and 
        nongovernment representatives; and
            (2) 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 extensive 
advertising.
    (d) Requirements and Registration.--For each prize 
competition, the Secretary shall publish a notice on a public 
website that describes--
            (1) the subject of the competition;
            (2) the eligibility rules for participation in the 
        competition;
            (3) the amount of the prize; and
            (4) the basis on which a winner will be selected.
    (e) Eligibility.--An individual or entity may not receive a 
prize under this section unless the individual or entity--
            (1) has registered to participate in the 
        competition pursuant to any rules promulgated by the 
        Secretary under this section;
            (2) has complied with all the requirements under 
        this section;
            (3)(A) in the case of a private entity, is 
        incorporated in, and maintains a primary place of 
        business in, the United States; or
            (B) in the case of an individual, whether 
        participating singly or in a group, is a citizen or 
        permanent resident of the United States; and
            (4) is not a Federal entity or Federal employee 
        acting within the scope of his or her employment.
    (f) Liability.--
            (1) Assumption of risk.--
                    (A) 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.
                    (B) Related entity.--In this paragraph, the 
                term ``related entity'' means a contractor, 
                subcontractor (at any tier), supplier, user, 
                customer, cooperating party, grantee, 
                investigator, or detailee.
            (2) Financial responsibility.--A participant shall 
        obtain liability insurance or demonstrate financial 
        responsibility, in amounts determined by the Secretary, 
        for claims by--
                    (A) 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
                    (B) the Federal Government for damage or 
                loss to Government property resulting from such 
                an activity.
    (g) Judges.--
            (1) Selection.--For each prize competition, the 
        Secretary, either directly or through an agreement 
        under subsection (h), shall assemble a panel of 
        qualified judges to select the winner or winners of the 
        prize competition on the basis described in subsection 
        (d). Judges for each competition shall include 
        individuals from outside the Administration, including 
        the private sector.
            (2) Limitations.--A judge selected under this 
        subsection may not--
                    (A) 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 
                section; or
                    (B) 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 section.
    (i) Funding.--
            (1) Private sector funding.--A cash prize under 
        this section may consist of funds appropriatedby the 
        Federal Government and funds provided by the private 
        sector. The Secretary may accept funds from other 
        Federal agencies, State and local governments, and 
        metropolitan planning organizations for the cash 
        prizes. The Secretary may not give any special 
        consideration to any private sector entity in return 
        for a donation under this paragraph.
            (2) Availability of funds.--Notwithstanding any 
        other provision of law, amounts appropriated for prize 
        awards under this section--
                    (A) shall remain available until expended; 
                and
                    (B) 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.
            (3) Savings provision.--Nothing in this subsection 
        may be construed to permit the obligation or payment of 
        funds in violation of the Anti-Deficiency Act (31 
        U.S.C. 1341).
            (4) Prize announcement.--A prize may not be 
        announced under this section until all the funds needed 
        to pay out the announced amount of the prize have been 
        appropriated or committed in writing by a private 
        source.
            (5) Prize increases.--The Secretary may increase 
        the amount of a prize after the initial announcement of 
        the prize under this section if--
                    (A) notice of the increase is provided in 
                the same manner as the initial notice of the 
                prize; and
                    (B) the funds needed to pay out the 
                announced amount of the increase have been 
                appropriated or committed in writing by a 
                private source.
            (6) Congressional notification.--A prize 
        competition under this section 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 Committee on Science, Space, and 
        Technology of the House of Representatives.
            (7) 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) Use of Department Name and Insignia.--A registered 
participant in a prize competition under this section may use 
the Department's name, initials, or insignia only after prior 
review and written approval by the Secretary.
    (k) Compliance with Existing Law.--The Federal Government 
shall not, by virtue of offering or providing a prize under 
this section, be responsible for compliance by registered 
participants in a prize competition with Federal law, including 
licensing, export control, and nonproliferation laws, and 
related regulations.

             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

                 CHAPTER 55. INTERMODAL TRANSPORTATION

                         SUBCHAPTER I. GENERAL

5507. Multimodal Innovative Research Program

    (a) Establishment.--The Secretary of Transportation shall 
establish a Multimodal Innovative Research Program (referred to 
in this section as the ``Program'') in the Research and 
Innovative Technology Administration.
    (b) Purpose.--The Program shall support--
            (1) national transportation policy, objectives, and 
        goals by applying state-of-the-art advanced technology 
        solutions to multimodal transportation issues; and
            (2) key partnerships throughout the Department of 
        Transportation and with other Federal agencies to fully 
        leverage their investments in transportation research 
        and technology developments to address transportation 
        problems at modal interfaces or affecting more than 1 
        transportation mode.
    (c) Content.--The Program shall--
            (1) address issues affecting--
                    (A) policy;
                    (B) cross-modal concerns, such as efficient 
                and intermodal goods and passenger movements;
                    (C) the development of advanced vehicle 
                technologies;
                    (D) the application of existing 
                technologies; and
                    (E) the integration of multimodal realtime 
                transportation information systems;
            (2) competitively award contracts or cooperative 
        agreements for advanced multimodal transportation 
        research to facilitate practical innovative approaches 
        to solve transportation problems related to attaining--
                    (A) the strategic goals of the Department 
                of Transportation; and
                    (B) multimodal elements of the 
                Transportation Research and Development 
                Strategic Plan required under section 508 of 
                title 23;
            (3) demonstrate transportation system applications 
        of advanced transportation technologies, methodologies, 
        policies, and decisions;
            (4) disseminate best practices in planning, 
        operations, design, and maintenance of transportation 
        and related systems; and
            (5) provide technology identification, 
        modification, and dissemination through outreach to 
        other Federal agencies, State and local transportation 
        agencies, and other public, private, and academic 
        stakeholders in the industry.
    (d) Coordination.--The Secretary of Transportation shall 
coordinate activities under this section with other Federal 
agencies, as appropriate.
    (e) Funding.--
            (1) In general.--Of the amounts appropriated 
        pursuant to section 11 of the Research and Innovative 
        Technology Administration Reauthorization Act of 2011, 
        $20,000,000 shall be made available for each of the 
        fiscal year 2012 and 2013 to establish and maintain the 
        Multimodal Innovative Research Program.
            (2) Management and oversight.--During each of the 
        fiscal years 2012 and 2013, the Secretary of 
        Transportation may not expend more than 1.5 percent of 
        the amounts made available under paragraph (1) to carry 
        out management and oversight of the Multimodal 
        Innovative Research Program.

5508. GHz vehicle-to-vehicle and vehicle-to-infrastructure 
                    communications systems deployment

    (a) In General.--Not later than 3 years after the date of 
the enactment of this section, the Secretary shall submit a 
report to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Transportation 
and Infrastructure of the House of Representatives, and the 
Committee on Energy and Commerce of the House of 
Representatives that--
            (1) defines a recommended implementation path for 
        Dedicated Short Range Communications (DSRC) technology 
        and applications; and
            (2) includes guidance concerning the relationship 
        of the proposed DSRC deployment to Intelligent 
        Transportation System National Architecture and 
        Standards.
    (b) Report Review.--The Secretary shall enter into an 
agreement for the review of the report submitted under 
subsection (a) by an independent third party with subject 
matter expertise.

5509. National Travel Data Program

    (a) Establishment.--Not later than 18 months after the date 
of the enactment of the Research and Innovative Technology 
Administration Reauthorization Act of 2011, the Secretary of 
Transportation shall establish the National Travel Data Program 
(referred to in this section as the ``Program'') to collect 
essential national passenger and freight travel data to help 
guide transportation operations, policy, and investment 
decisions for Federal, State, and local governments and the 
private sector.
    (b) Program Elements.--In carrying out the Program, the 
Secretary shall--
            (1) collect data and make such data available to 
        support transportation operations, policy, and 
        investment decisions, including data on system 
        performance, safety, international competitiveness, 
        energy efficiency, and changes in demographics;
            (2) improve the quality of the data collected under 
        the Program, including identifying and addressing 
        current gaps in passenger and freight travel data 
        collection, such as the sample sizes and frequency of 
        transportation surveys including the Commodity Flow 
        Survey, the National Household Travel Survey, and the 
        Transportation Services Index; and
            (3) consult with State and local governments, 
        private sector data providers, and professional and 
        nonprofit associations to improve the integration, 
        management, and implementation of data collected under 
        the Program.
    (c) Advisory Council on Transportation Statistics.--
            (1) Establishment.--In carrying out the Program, 
        the Secretary shall seek recommendations from the 
        Advisory Council on Transportation Statistics, 
        established under section 6305 on--
                    (A) the design and implementation of the 
                Program;
                    (B) emerging transportation-related data 
                needs relevant to the Program; and
                    (C) other matters the Secretary determines 
                to be appropriate.
    (d) Reports to Congress.--
            (1) 5-year plan.--Not later than 1 year after the 
        date of the enactment of the Research and Innovative 
        Technology Administration Reauthorization Act of 2011, 
        the Secretary shall submit, to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives, a 5-year plan for 
        implementing the National Travel Data Program that 
        includes benchmarks and goals.
            (2) Biennial report.--Upon the establishment of the 
        National Travel Data Program, and every 2 years 
        thereafter, the Secretary shall submit a report on the 
        activities of the Program to the congressional 
        committees set forth in paragraph (1).
    (e) Funding.--Of the amounts made available under section 
11 of the Research and Innovative Technology Administration 
Reauthorization Act of 2011, $8,000,000 shall be available for 
each of the fiscal years 2012 and 2013 to establish and 
maintain the Program.

            CHAPTER 63. BUREAU OF TRANSPORTATION STATISTICS

           SUBCHAPTER I. BUREAU OF TRANSPORTATION STATISTICS

6301. Establishment

    There is established, in the Research and Innovative 
Technology Administration, a Bureau of Transportation 
Statistics (referred to in this subchapter as the ``Bureau'').

6302. Director

    (a) Appointment.--The Bureau shall be headed by a Director, 
who shall be appointed in the competitive service by the 
Secretary of Transportation.
    (b) Qualifications.--The Director shall be appointed from 
among individuals who are qualified to serve as the Director by 
virtue of their training and experience in the collection, 
analysis, and use of transportation statistics.

6303. Responsibilities

    (a) Duties of the Director.--The Director, who shall serve 
as the Secretary of Transportation's senior advisor on data and 
statistics, shall be responsible for carrying out the following 
duties:
            (1) Ensuring that the statistics compiled under 
        paragraph (6) are designed to support transportation 
        decisionmaking by the Federal Government, State and 
        local governments, metropolitan planning organizations, 
        transportation-related associations, the private sector 
        (including the freight community), and the public.
            (2) Establishing a program, on behalf of the 
        Secretary--
                  (A) to effectively integrate safety data 
                across modes; and
                  (B) to address gaps in existing safety data 
                programs of the Department of Transportation.
            (3) Working with the operating administrations of 
        the Department of Transportation--
                  (A) to establish and implement the Bureau's 
                data programs; and
                  (B) to improve the coordination of 
                information collection efforts with other 
                Federal agencies.
            (4) Continually improving surveys and data 
        collection methods to improve the accuracy and utility 
        of transportation statistics.
            (5) Encouraging the standardization of data, data 
        collection methods, and data management and storage 
        technologies for data collected by the Bureau, the 
        operating administrations of the Department of 
        Transportation, States, local governments, metropolitan 
        planning organizations, and private sector entities.
            (6) 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 section 6312;
                    (D) economic efficiency throughout 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) the economic costs and impacts for 
                passenger travel and freight movement;
                    (I) intermodal and multimodal passenger 
                movement;
                    (J) intermodal and multimodal freight 
                movement; and
                    (K) the consequences of transportation for 
                the human and natural environment, sustainable 
                transportation, and livable communities.
            (7) Building and disseminating the transportation 
        layer of the National Spatial Data Infrastructure 
        developed under Executive Order 12906, including--
                    (A) coordinating the development of 
                transportation geospatial data standards;
                    (B) compiling intermodal geospatial data; 
                and
                    (C) collecting geospatial data that is not 
                being collected by others.
            (8) Issuing guidelines for the collection of 
        information by the Department of Transportation that is 
        required for transportation statistics, modeling, 
        economic assessment, and program assessment in order to 
        ensure that such information is accurate, reliable, 
        relevant, uniform and in a form that permits systematic 
        analysis by the Department.
            (9) Reviewing and reporting to the Secretary of 
        Transportation on the sources and reliability of--
                    (A) the statistics proposed by the heads of 
                the operating administrations of the Department 
                of Transportation to measure outputs and 
                outcomes, as required by the Government 
                Performance and Results Act of 1993 (Public Law 
                103-62; 107 Stat. 285); and
                    (B) other data collected or statistical 
                information published by the heads of the 
                operating administrations of the Department.
            (10) Making the statistics published under this 
        subsection readily accessible to the public, consistent 
        with applicable security constraints and 
        confidentiality interests.
    (b) Access to Federal Data.--In carrying out subsection 
(a)(2), the Director shall be provided access to--
            (1) all safety data held by any agency of the 
        Department; and
            (2) all safety data held by any other Federal 
        Government agency that is germane to carrying out 
        subsection (a), upon written request and subject to any 
        statutory or regulatory restrictions.
    (c) Intermodal Transportation Database.--
            (1) In general.--In consultation with the Under 
        Secretary for Policy, the Assistant Secretaries, and 
        the heads of the operating administrations of the 
        Department of Transportation, the Director shall 
        establish and maintain a transportation database for 
        all modes of transportation.
            (2) Use of database.--The database established 
        under this subsection shall be suitable for analyses 
        carried out by the Federal Government, the States, and 
        metropolitan planning organizations.
            (3) Contents.--The database established under this 
        section shall include--
                    (A) information on the volumes and patterns 
                of movement, including local, interregional, 
                and international movement--
                            (i) of goods by all modes of 
                        transportation and intermodal 
                        combinations, and by relevant 
                        classification; and
                            (ii) of people by all modes of 
                        transportation (including bicycle and 
                        pedestrian modes) and intermodal 
                        combinations, and by relevant 
                        classification;
                    (B) information on the location and 
                connectivity of transportation facilities and 
                services; and
                    (C) a national accounting of expenditures 
                and capital stocks on each mode of 
                transportation and intermodal combination.

6304. National Transportation Library

    (a) Purpose and Establishment.--There is established, in 
the Bureau, a National Transportation Library (referred to in 
this section as the ``Library''), which shall--
            (1) support the information management and 
        decisionmaking needs of transportation at Federal, 
        State, and local levels;
            (2) be headed by an individual who is highly 
        qualified in library and information science;
            (3) acquire, preserve, and manage transportation 
        information and information products and services for 
        use of the Department of Transportation, other Federal 
        agencies, and the general public;
            (4) provide reference and research assistance;
            (5) serve as a central depository for research 
        results and technical publications of the Department of 
        Transportation;
            (6) provide a central clearinghouse for 
        transportation data and information in the Federal 
        Government;
            (7) serve as coordinator and policy lead for 
        transportation information access;
            (8) provide transportation information and 
        information products and services to the Department of 
        Transportation, other agencies of the Federal 
        Government, public and private organizations, and 
        individuals, within the United States and 
        internationally;
            (9) coordinate efforts among, and cooperate with, 
        transportation libraries, information providers, and 
        technical assistance centers, in conjunction with 
        private industry and other transportation library and 
        information centers, toward the development of a 
        comprehensive transportation information and knowledge 
        network supporting activities described in 
        subparagraphs (A) through (K) of section 6303(a)(6); 
        and
            (10) engage in such other activities as the 
        Director determines appropriate and as the Library's 
        resources permit.
    (b) Access.--The Director shall publicize, facilitate, and 
promote access to the information products and services 
described in subsection (a) to improve--
            (1) the ability of the transportation community to 
        share information; and
            (2) the ability of the Director to make statistics 
        and other information readily accessible under section 
        6303(a)(10).
    (c) Agreements.--
            (1) In general.--The Director may enter into 
        agreements with, award grants to, and receive funds 
        from any State and other political subdivision, 
        organization, business, or individual for the purpose 
        of conducting activities under this section.
            (2) Contracts, grants, and agreements.--The Library 
        may initiate and support specific information and data 
        management, access, and exchange activities in 
        connection with matters relating to Department of 
        Transportation's strategic goals, knowledge networking, 
        and national and international cooperation by entering 
        into contracts or awarding grants for the conduct of 
        such activities.
            (3) Funds.--Amounts received under this subsection 
        for payments for library products and services or other 
        activities shall--
                    (A) be deposited in the Research and 
                Innovative Technology Administration's general 
                fund account; and
                    (B) remain available to the Library until 
                expended.

6305. Advisory Council on Transportation Statistics

    (a) In General.--The Director shall maintain an Advisory 
Council on Transportation Statistics (referred to in this 
section as the ``Advisory Council'').
    (b) Function.--The Advisory Council shall advise the 
Director on--
            (1) the quality, reliability, consistency, 
        objectivity, and relevance of transportation statistics 
        and analyses collected, supported, or disseminated by 
        the Bureau and the Department of Transportation; and
            (2) methods to encourage cooperation and 
        interoperability of transportation data collected by 
        the Bureau, the operating administrations of the 
        Department, States, local governments, metropolitan 
        planning organizations, and private sector entities.
    (c) Membership.--
            (1) In general.--The Advisory Council shall be 
        composed of not fewer than 9 members and not more than 
        11 members, who shall be appointed by the Director.
            (2) Selection.--In selecting members for the 
        Advisory Council, the Director shall appoint 
        individuals who--
                    (A) are not officers or employees of the 
                United States;
                    (B) possess expertise in--
                            (i) transportation data collection, 
                        analysis, or application;
                            (ii) economics; or
                            (iii) transportation safety; and
                    (C) represent a cross section of 
                transportation stakeholders, to the greatest 
                extent possible.
            (3) Terms of appointment.--
                    (A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory 
                Council--
                            (i) shall be appointed to staggered 
                        terms not to exceed 3 years; and
                            (ii) may be renominated for 1 
                        additional 3-year term.
                    (B) Current members.--Members serving on 
                the Advisory Council as of the date of the 
                enactment of the Research and Innovative 
                Technology Administration Reauthorization Act 
                of 2011 shall serve until the end of their 
                appointed terms.
    (d) Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (except for section 14 of such 
Act) shall apply to the Advisory Council.

6306. 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) utilize, with their consent, the services, 
        equipment, records, personnel, information, and 
        facilities of other Federal, State, local, and private 
        agencies and instrumentalities with or without 
        reimbursement for such utilization;
            (2) enter into agreements with agencies and 
        instrumentalities referred to in paragraph (1) for 
        purposes of data collection and analysis;
            (3) confer and cooperate with foreign governments, 
        international organizations, States, municipalities, 
        and other local agencies;
            (4) request such information, data, and reports 
        from any Federal agency as may be required to carry out 
        the purposes of this section;
            (5) encourage replication, coordination, and 
        sharing among transportation agencies regarding 
        information systems, information policy, and data; and
            (6) confer and cooperate with Federal statistical 
        agencies as needed to carry out the purposes of 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.

6307. Furnishing information, data, or reports by Federal agencies

    Federal agencies requested to furnish information, data, or 
reports under section 6303(b) shall provide such information to 
the Bureau as is required to carry out the purposes of this 
section.

6308. Prohibition on certain disclosures

    (a) In General.--An officer, employee, or contractor of the 
Bureau may not--
            (1) make any disclosure in which the data provided 
        by an individual or organization under section 6303 can 
        be identified;
            (2) use the information provided under section 6303 
        for a nonstatistical purpose; or
            (3) permit anyone other than an individual 
        authorized by the Director to examine any individual 
        report provided under section 6303.
    (b) Copies of Reports.--
            (1) In general.--A department, bureau, agency, 
        officer, or employee of the United States (except the 
        Director in carrying out this section) may not require, 
        for any reason, a copy of any report that has been 
        filed under section 6303 with the Bureau or retained by 
        an individual respondent.
            (2) Limitation on judicial proceedings.--A copy of 
        a report described in paragraph (1) that has been 
        retained by an individual respondent or filed with the 
        Bureau or any of its employees, contractors, or 
        agents--
                    (A) shall be immune from legal process; and
                    (B) may not, without the consent of the 
                individual concerned, be admitted as evidence 
                or used for any purpose in any action, suit, or 
                other judicial or administrative proceedings.
            (3) Applicability.--This subsection shall only 
        apply to reports that permit information concerning an 
        individual or organization to be reasonably determined 
        by direct or indirect means.
    (c) Informing Respondent of Use of Data.--If the Bureau is 
authorized by statute to collect data or information for a 
nonstatistical purpose, the Director shall clearly distinguish 
the collection of such data or information, by rule and on the 
collection instrument, to inform a respondent who is requested 
or required to supply the data or information of the 
nonstatistical purpose.

6309. Data access

    The Director shall be provided access to transportation and 
transportation-related information in the possession of any 
Federal agency, except--
            (1) information that is expressly prohibited by law 
        from being disclosed to another Federal agency; or
            (2) information that the agency possessing the 
        information determines could not be disclosed without 
        significantly impairing the discharge of authorities 
        and responsibilities which have been delegated to, or 
        vested by law, in such agency.

6310. Proceeds of data product sales

    Notwithstanding section 3302 of title 31, amounts received 
by the Bureau from the sale of data products, for necessary 
expenses incurred, may be credited to the Highway Trust Fund 
(other than the Mass Transit Account) for the purpose of 
reimbursing the Bureau for such expenses.

6311. Information collection

    As the head of an independent Federal statistical agency, 
the Director may consult directly with the Office of Management 
and Budget concerning any survey, questionnaire, or interview 
that the Director considers necessary to carry out the 
statistical responsibilities under this subchapter.

6312. National transportation atlas database

    (a) In General.--The Director shall develop and maintain a 
national transportation atlas database that is comprised of 
geospatial databases that depict--
            (1) transportation networks;
            (2) flows of people, goods, vehicles, and craft 
        over the networks; and
            (3) social, economic, and environmental conditions 
        that affect, or are affected by, the networks.
    (b) Intermodal Network Analysis.--The databases developed 
under subsection (a) shall be capable of supporting intermodal 
network analysis.

6313. Limitations on statutory construction

    Nothing in this subchapter may be construed--
            (1) to authorize the Bureau to require any other 
        department or agency to collect data; or
            (2) to reduce the authority of any other officer of 
        the Department to independently collect and disseminate 
        data.

6314. Research and development grants

    The Secretary may award grants to, or enter into 
cooperative agreements or contracts with, public and nonprofit 
private entities (including State transportation departments, 
metropolitan planning organizations, and institutions of higher 
education) for--
            (1) investigation of the subjects specified in 
        section 6303 and research and development of new 
        methods of data collection, standardization, 
        management, integration, dissemination, interpretation, 
        and analysis;
            (2) demonstration programs by States, local 
        governments, and metropolitan planning organizations to 
        coordinate data collection, reporting, management, 
        storage, and archiving to simplify data comparisons 
        across jurisdictions;
            (3) development of electronic clearinghouses of 
        transportation data and related information, as part of 
        the National Transportation Library under section 6304; 
        and
            (4) development and improvement of methods for 
        sharing geographic data, in support of the database 
        under section 6303 and the National Spatial Data 
        Infrastructure.

6315. Transportation statistics annual report

    The Director shall submit to the President and Congress a 
transportation statistics annual report, which shall include--
            (1) information on items referred to in section 
        6303(a)(6);
            (2) documentation of methods used to obtain and 
        ensure the quality of the statistics presented in the 
        report; and
            (3) recommendations for improving transportation 
        statistical information.

6316. Mandatory response authority for data collections

    Any individual who, as the owner, official, agent, person 
in charge, or assistant to the person in charge of any 
corporation, company, business, institution, establishment, 
organization of any nature or the member of a household, 
neglects or refuses, after requested by the Director or other 
authorized officer, employee, or contractor of the Bureau, to 
answer completely and correctly to the best of the individual's 
knowledge all questions relating to the corporation, company, 
business, institution, establishment, or other organization or 
household, or to make available records or statistics in the 
individual's official custody, contained in a data collection 
request prepared and submitted under section 6303(a)--
            (1) shall be fined not more than $500, except as 
        provided under paragraph (2); and
            (2) if the individual willfully gives a false 
        answer to such a question, shall be fined not more than 
        $10,000.

                                  
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