II 

Calendar No. 541 

112TH CONGRESS 

2D SESSION S. 1953 

[Report No. 112–236] 

To reauthorize the Research and Innovative Technology Administration, to 

improve transportation research and development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2011 

Mr. LAUTENBERG (for himself and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 13, 2012 

Reported by Mr. ROCKEFELLER, without amendment 

A BILL 

To reauthorize the Research and Innovative Technology Administration, to improve transportation research and development, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Research and Innovative Technology Administration Re4 authorization Act of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. National Cooperative Freight Research Program. 

Sec. 3. Multimodal Innovative Research Program. 

Sec. 4. Bureau of Transportation Statistics. 

Sec. 5. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications 

systems deployment. 

Sec. 6. Administrative authority. 

Sec. 7. Prize authority. 

Sec. 8. Transportation research and development. 

Sec. 9. Use of funds for intelligent transportation systems activities. 

Sec. 10. National Travel Data Program. 

Sec. 11. Authorization of appropriations. 

7 SEC. 2. NATIONAL COOPERATIVE FREIGHT RESEARCH PRO8 GRAM. 

9 Section 509(d) of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(6) COORDINATION OF COOPERATIVE RE12 SEARCH.—The National Academy of Sciences shall 

13 coordinate research agendas, research project selec14 tions, and competitions across all transportation-re15 lated cooperative research programs conducted by 

16 the National Academy of Sciences to ensure pro17 gram efficiency, effectiveness, and sharing of re18 search findings.’’. 


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1 SEC. 3. MULTIMODAL INNOVATIVE RESEARCH PROGRAM. 

2 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

3 49, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 5507. Multimodal Innovative Research Program 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor7 tation shall establish a Multimodal Innovative Research 

8 Program (referred to in this section as the ‘Program’) in 

9 the Research and Innovative Technology Administration. 

10 ‘‘(b) PURPOSE.—The Program shall support— 

11 ‘‘(1) national transportation policy, objectives, 

12 and goals by applying state-of-the-art advanced tech13 nology solutions to multimodal transportation issues; 

14 and 

15 ‘‘(2) key partnerships throughout the Depart16 ment of Transportation and with other Federal 

17 agencies to fully leverage their investments in trans18 portation research and technology developments to 

19 address transportation problems at modal interfaces 

20 or affecting more than 1 transportation mode. 

21 ‘‘(c) CONTENT.—The Program shall— 

22 ‘‘(1) address issues affecting— 

23 ‘‘(A) policy; 

24 ‘‘(B) cross-modal concerns, such as effi25 cient and intermodal goods and passenger 

26 movements; 


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1 ‘‘(C) the development of advanced vehicle 

2 technologies; 

3 ‘‘(D) the application of existing tech4 nologies; and 

5 ‘‘(E) the integration of multimodal real6 time transportation information systems; 

7 ‘‘(2) competitively award contracts or coopera8 tive agreements for advanced multimodal transpor9 tation research to facilitate practical innovative ap10 proaches to solve transportation problems related to 

11 attaining— 

12 ‘‘(A) the strategic goals of the Department 

13 of Transportation; and 

14 ‘‘(B) multimodal elements of the Transpor15 tation Research and Development Strategic 

16 Plan required under section 508 of title 23; 

17 ‘‘(3) demonstrate transportation system appli18 cations of advanced transportation technologies, 

19 methodologies, policies, and decisions; 

20 ‘‘(4) disseminate best practices in planning, op21 erations, design, and maintenance of transportation 

22 and related systems; and 

23 ‘‘(5) provide technology identification, modifica24 tion, and dissemination through outreach to other 

25 Federal agencies, State and local transportation 


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1 agencies, and other public, private, and academic 

2 stakeholders in the industry. 

3 ‘‘(d) COORDINATION.—The Secretary of Transpor4 tation shall coordinate activities under this section with 

5 other Federal agencies, as appropriate. 

6 ‘‘(e) FUNDING.— 

7 ‘‘(1) IN GENERAL.—Of the amounts appro8 priated pursuant to section 11 of the Research and 

9 Innovative Technology Administration Reauthoriza10 tion Act of 2011, $20,000,000 shall be made avail11 able for each of the fiscal year 2012 and 2013 to es12 tablish and maintain the Multimodal Innovative Re13 search Program. 

14 ‘‘(2) MANAGEMENT AND OVERSIGHT.—During 

15 each of the fiscal years 2012 and 2013, the Sec16 retary of Transportation may not expend more than 

17 1.5 percent of the amounts made available under 

18 paragraph (1) to carry out management and over19 sight of the Multimodal Innovative Research Pro20 gram.’’. 

21 (b) CLERICAL AMENDMENT.—The chapter analysis 

22 for chapter 55 of title 49, United States Code, is amended 

23 by inserting after the item relating to section 5506 the 

24 following: 

‘‘5507. Multimodal Innovative Research Program.’’. 


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1 SEC. 4. BUREAU OF TRANSPORTATION STATISTICS. 

2 (a) IN GENERAL.—Subtitle III of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘CHAPTER 63—BUREAU OF 

6 TRANSPORTATION STATISTICS 

‘‘SUBCHAPTER I—BUREAU OF TRANSPORTATION STATISTICS

‘‘Sec. 

‘‘6301. Establishment. 

‘‘6302. Director. 

‘‘6303. Responsibilities. 

‘‘6304. National Transportation Library. 

‘‘6305. Advisory Council on Transportation Statistics. 

‘‘6306. Transportation statistical collection, analysis, and dissemination. 

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

‘‘6308. Prohibition on certain disclosures. 

‘‘6309. Data access. 

‘‘6310. Proceeds of data product sales. 

‘‘6311. Information collection. 

‘‘6312. National transportation atlas database. 

‘‘6313. Limitations on statutory construction. 

‘‘6314. Research and development grants. 

‘‘6315. Transportation statistics annual report. 

‘‘6316. Mandatory response authority for data collections. 

7 ‘‘SUBCHAPTER I—BUREAU OF 

8 TRANSPORTATION STATISTICS 

9 ‘‘§ 6301. Establishment 

10 ‘‘There is established, in the Research and Innovative 

11 Technology Administration, a Bureau of Transportation 

12 Statistics (referred to in this subchapter as the ‘Bureau’). 

13 ‘‘§ 6302. Director 

14 ‘‘(a) APPOINTMENT.—The Bureau shall be headed by 

15 a Director, who shall be appointed in the competitive serv16 ice by the Secretary of Transportation. 


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1 ‘‘(b) QUALIFICATIONS.—The Director shall be ap2 pointed from among individuals who are qualified to serve 

3 as the Director by virtue of their training and experience 

4 in the collection, analysis, and use of transportation statis5 tics. 

6 ‘‘§ 6303. Responsibilities 

7 ‘‘(a) DUTIES OF THE DIRECTOR.—The Director, who 

8 shall serve as the Secretary of Transportation’s senior ad9 visor on data and statistics, shall be responsible for car10 rying out the following duties: 

11 ‘‘(1) Ensuring that the statistics compiled 

12 under paragraph (6) are designed to support trans13 portation decisionmaking by the Federal Govern14 ment, State and local governments, metropolitan 

15 planning organizations, transportation-related asso16 ciations, the private sector (including the freight 

17 community), and the public. 

18 ‘‘(2) Establishing a program, on behalf of the 

19 Secretary— 

20 ‘‘(A) to effectively integrate safety data 

21 across modes; and 

22 ‘‘(B) to address gaps in existing safety 

23 data programs of the Department of Transpor24 tation. 


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1 ‘‘(3) Working with the operating administra2 tions of the Department of Transportation— 

3 ‘‘(A) to establish and implement the Bu4 reau’s data programs; and 

5 ‘‘(B) to improve the coordination of infor6 mation collection efforts with other Federal 

7 agencies. 

8 ‘‘(4) Continually improving surveys and data 

9 collection methods to improve the accuracy and util10 ity of transportation statistics. 

11 ‘‘(5) Encouraging the standardization of data, 

12 data collection methods, and data management and 

13 storage technologies for data collected by the Bu14 reau, the operating administrations of the Depart15 ment of Transportation, States, local governments, 

16 metropolitan planning organizations, and private 

17 sector entities. 

18 ‘‘(6) Collecting, compiling, analyzing, and pub19 lishing a comprehensive set of transportation statis20 tics on the performance and impacts of the national 

21 transportation system, including statistics on— 

22 ‘‘(A) transportation safety across all modes 

23 and intermodally; 

24 ‘‘(B) the state of good repair of United 

25 States transportation infrastructure. 


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1 ‘‘(C) the extent, connectivity, and condition 

2 of the transportation system, building on the 

3 national transportation atlas database devel4 oped under section 6312; 

5 ‘‘(D) economic efficiency throughout the 

6 entire transportation sector; 

7 ‘‘(E) the effects of the transportation sys8 tem on global and domestic economic competi9 tiveness; 

10 ‘‘(F) demographic, economic, and other 

11 variables influencing travel behavior, including 

12 choice of transportation mode and goods move13 ment; 

14 ‘‘(G) transportation-related variables that 

15 influence the domestic economy and global com16 petitiveness; 

17 ‘‘(H) the economic costs and impacts for 

18 passenger travel and freight movement; 

19 ‘‘(I) intermodal and multimodal passenger 

20 movement; 

21 ‘‘(J) intermodal and multimodal freight 

22 movement; and 

23 ‘‘(K) the consequences of transportation 

24 for the human and natural environment, susVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.RS S1953

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1 tainable transportation, and livable commu2 nities. 

3 ‘‘(7) Building and disseminating the transpor4 tation layer of the National Spatial Data Infrastruc5 ture developed under Executive Order 12906, includ6 ing— 

7 ‘‘(A) coordinating the development of 

8 transportation geospatial data standards; 

9 ‘‘(B) compiling intermodal geospatial data; 

10 and 

11 ‘‘(C) collecting geospatial data that is not 

12 being collected by others. 

13 ‘‘(8) Issuing guidelines for the collection of in14 formation by the Department of Transportation that 

15 is required for transportation statistics, modeling, 

16 economic assessment, and program assessment in 

17 order to ensure that such information is accurate, 

18 reliable, relevant, uniform and in a form that per19 mits systematic analysis by the Department. 

20 ‘‘(9) Reviewing and reporting to the Secretary 

21 of Transportation on the sources and reliability of— 

22 ‘‘(A) the statistics proposed by the heads 

23 of the operating administrations of the Depart24 ment of Transportation to measure outputs and 

25 outcomes, as required by the Government PerVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.RS S1953

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1 formance and Results Act of 1993 (Public Law 

2 103–62; 107 Stat. 285); and 

3 ‘‘(B) other data collected or statistical in4 formation published by the heads of the oper5 ating administrations of the Department. 

6 ‘‘(10) Making the statistics published under 

7 this subsection readily accessible to the public, con8 sistent with applicable security constraints and con9 fidentiality interests. 

10 ‘‘(b) ACCESS TO FEDERAL DATA.—In carrying out 

11 subsection (a)(2), the Director shall be provided access 

12 to— 

13 ‘‘(1) all safety data held by any agency of the 

14 Department; and 

15 ‘‘(2) all safety data held by any other Federal 

16 Government agency that is germane to carrying out 

17 subsection (a), upon written request and subject to 

18 any statutory or regulatory restrictions. 

19 ‘‘(c) INTERMODAL TRANSPORTATION DATABASE.— 

20 ‘‘(1) IN GENERAL.—In consultation with the 

21 Under Secretary for Policy, the Assistant Secre22 taries, and the heads of the operating administra23 tions of the Department of Transportation, the Di24 rector shall establish and maintain a transportation 

25 database for all modes of transportation. 


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1 ‘‘(2) USE OF DATABASE.—The database estab2 lished under this subsection shall be suitable for 

3 analyses carried out by the Federal Government, the 

4 States, and metropolitan planning organizations. 

5 ‘‘(3) CONTENTS.—The database established 

6 under this section shall include— 

7 ‘‘(A) information on the volumes and pat8 terns of movement, including local, inter9 regional, and international movement— 

10 ‘‘(i) of goods by all modes of transpor11 tation and intermodal combinations, and 

12 by relevant classification; and 

13 ‘‘(ii) of people by all modes of trans14 portation (including bicycle and pedestrian 

15 modes) and intermodal combinations, and 

16 by relevant classification; 

17 ‘‘(B) information on the location and 

18 connectivity of transportation facilities and 

19 services; and 

20 ‘‘(C) a national accounting of expenditures 

21 and capital stocks on each mode of transpor22 tation and intermodal combination. 

23 ‘‘§ 6304. National Transportation Library 

24 ‘‘(a) PURPOSE AND ESTABLISHMENT.—There is es25 tablished, in the Bureau, a National Transportation LiVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.RS S1953

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1 brary (referred to in this section as the ‘Library’), which 

2 shall— 

3 ‘‘(1) support the information management and 

4 decisionmaking needs of transportation at Federal, 

5 State, and local levels; 

6 ‘‘(2) be headed by an individual who is highly 

7 qualified in library and information science; 

8 ‘‘(3) acquire, preserve, and manage transpor9 tation information and information products and 

10 services for use of the Department of Transpor11 tation, other Federal agencies, and the general pub12 lic; 

13 ‘‘(4) provide reference and research assistance; 

14 ‘‘(5) serve as a central depository for research 

15 results and technical publications of the Department 

16 of Transportation; 

17 ‘‘(6) provide a central clearinghouse for trans18 portation data and information in the Federal Gov19 ernment; 

20 ‘‘(7) serve as coordinator and policy lead for 

21 transportation information access; 

22 ‘‘(8) provide transportation information and in23 formation products and services to the Department 

24 of Transportation, other agencies of the Federal 

25 Government, public and private organizations, and 


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1 individuals, within the United States and inter2 nationally; 

3 ‘‘(9) coordinate efforts among, and cooperate 

4 with, transportation libraries, information providers, 

5 and technical assistance centers, in conjunction with 

6 private industry and other transportation library and 

7 information centers, toward the development of a 

8 comprehensive transportation information and 

9 knowledge network supporting activities described in 

10 subparagraphs (A) through (K) of section 

11 6303(a)(6); and 

12 ‘‘(10) engage in such other activities as the Di13 rector determines appropriate and as the Library’s 

14 resources permit. 

15 ‘‘(b) ACCESS.—The Director shall publicize, facili16 tate, and promote access to the information products and 

17 services described in subsection (a) to improve— 

18 ‘‘(1) the ability of the transportation commu19 nity to share information; and 

20 ‘‘(2) the ability of the Director to make statis21 tics and other information readily accessible under 

22 section 6303(a)(10). 

23 ‘‘(c) AGREEMENTS.— 

24 ‘‘(1) IN GENERAL.—The Director may enter 

25 into agreements with, award grants to, and receive 


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1 funds from any State and other political subdivision, 

2 organization, business, or individual for the purpose 

3 of conducting activities under this section. 

4 ‘‘(2) CONTRACTS, GRANTS, AND AGREE5 MENTS.—The Library may initiate and support spe6 cific information and data management, access, and 

7 exchange activities in connection with matters relat8 ing to Department of Transportation’s strategic 

9 goals, knowledge networking, and national and inter10 national cooperation by entering into contracts or 

11 awarding grants for the conduct of such activities. 

12 ‘‘(3) FUNDS.—Amounts received under this 

13 subsection for payments for library products and 

14 services or other activities shall— 

15 ‘‘(A) be deposited in the Research and In16 novative Technology Administration’s general 

17 fund account; and 

18 ‘‘(B) remain available to the Library until 

19 expended. 

20 ‘‘§ 6305. Advisory Council on Transportation Statis21 tics 

22 ‘‘(a) IN GENERAL.—The Director shall maintain an 

23 Advisory Council on Transportation Statistics (referred to 

24 in this section as the ‘Advisory Council’). 


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1 ‘‘(b) FUNCTION.—The Advisory Council shall advise 

2 the Director on— 

3 ‘‘(1) the quality, reliability, consistency, objec4 tivity, and relevance of transportation statistics and 

5 analyses collected, supported, or disseminated by the 

6 Bureau and the Department of Transportation; and 

7 ‘‘(2) methods to encourage cooperation and 

8 interoperability of transportation data collected by 

9 the Bureau, the operating administrations of the De10 partment, States, local governments, metropolitan 

11 planning organizations, and private sector entities. 

12 ‘‘(c) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Advisory Council shall 

14 be composed of not fewer than 9 members and not 

15 more than 11 members, who shall be appointed by 

16 the Director. 

17 ‘‘(2) SELECTION.—In selecting members for the 

18 Advisory Council, the Director shall appoint individ19 uals who— 

20 ‘‘(A) are not officers or employees of the 

21 United States; 

22 ‘‘(B) possess expertise in— 

23 ‘‘(i) transportation data collection, 

24 analysis, or application; 

25 ‘‘(ii) economics; or 


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1 ‘‘(iii) transportation safety; and 

2 ‘‘(C) represent a cross section of transpor3 tation stakeholders, to the greatest extent pos4 sible. 

5 ‘‘(3) TERMS OF APPOINTMENT.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), members of the Advisory 

8 Council— 

9 ‘‘(i) shall be appointed to staggered 

10 terms not to exceed 3 years; and 

11 ‘‘(ii) may be renominated for 1 addi12 tional 3-year term. 

13 ‘‘(B) CURRENT MEMBERS.—Members serv14 ing on the Advisory Council as of the date of 

15 the enactment of the Research and Innovative 

16 Technology Administration Reauthorization Act 

17 of 2011 shall serve until the end of their ap18 pointed terms. 

19 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM20 MITTEE ACT.—The Federal Advisory Committee Act (ex21 cept for section 14 of such Act) shall apply to the Advisory 

22 Council. 


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1 ‘‘§ 6306. Transportation statistical collection, anal2 ysis, and dissemination 

3 ‘‘To ensure that all transportation statistical collec4 tion, analysis, and dissemination is carried out in a coordi5 nated manner, the Director may— 

6 ‘‘(1) utilize, with their consent, the services, 

7 equipment, records, personnel, information, and fa8 cilities of other Federal, State, local, and private 

9 agencies and instrumentalities with or without reim10 bursement for such utilization; 

11 ‘‘(2) enter into agreements with agencies and 

12 instrumentalities referred to in paragraph (1) for 

13 purposes of data collection and analysis; 

14 ‘‘(3) confer and cooperate with foreign govern15 ments, international organizations, States, munici16 palities, and other local agencies; 

17 ‘‘(4) request such information, data, and re18 ports from any Federal agency as may be required 

19 to carry out the purposes of this section; 

20 ‘‘(5) encourage replication, coordination, and 

21 sharing among transportation agencies regarding in22 formation systems, information policy, and data; and 

23 ‘‘(6) confer and cooperate with Federal statis24 tical agencies as needed to carry out the purposes of 

25 this section, including by entering into cooperative 

26 data sharing agreements in conformity with all laws 


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1 and regulations applicable to the disclosure and use 

2 of data. 

3 ‘‘§ 6307. Furnishing information, data, or reports by 

4 Federal agencies 

5 ‘‘Federal agencies requested to furnish information, 

6 data, or reports under section 6303(b) shall provide such 

7 information to the Bureau as is required to carry out the 

8 purposes of this section. 

9 ‘‘§ 6308. Prohibition on certain disclosures 

10 ‘‘(a) IN GENERAL.—An officer, employee, or con11 tractor of the Bureau may not— 

12 ‘‘(1) make any disclosure in which the data pro13 vided by an individual or organization under section 

14 6303 can be identified; 

15 ‘‘(2) use the information provided under section 

16 6303 for a nonstatistical purpose; or 

17 ‘‘(3) permit anyone other than an individual au18 thorized by the Director to examine any individual 

19 report provided under section 6303. 

20 ‘‘(b) COPIES OF REPORTS.— 

21 ‘‘(1) IN GENERAL.—A department, bureau, 

22 agency, officer, or employee of the United States 

23 (except the Director in carrying out this section) 

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1 port that has been filed under section 6303 with the 

2 Bureau or retained by an individual respondent. 

3 ‘‘(2) LIMITATION ON JUDICIAL PRO4 CEEDINGS.—A copy of a report described in para5 graph (1) that has been retained by an individual re6 spondent or filed with the Bureau or any of its em7 ployees, contractors, or agents— 

8 ‘‘(A) shall be immune from legal process; 

9 and 

10 ‘‘(B) may not, without the consent of the 

11 individual concerned, be admitted as evidence or 

12 used for any purpose in any action, suit, or 

13 other judicial or administrative proceedings. 

14 ‘‘(3) APPLICABILITY.—This subsection shall 

15 only apply to reports that permit information con16 cerning an individual or organization to be reason17 ably determined by direct or indirect means. 

18 ‘‘(c) INFORMING RESPONDENT OF USE OF DATA.— 

19 If the Bureau is authorized by statute to collect data or 

20 information for a nonstatistical purpose, the Director shall 

21 clearly distinguish the collection of such data or informa22 tion, by rule and on the collection instrument, to inform 

23 a respondent who is requested or required to supply the 

24 data or information of the nonstatistical purpose. 


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1 ‘‘§ 6309. Data access 

2 ‘‘The Director shall be provided access to transpor3 tation and transportation-related information in the pos4 session of any Federal agency, except— 

5 ‘‘(1) information that is expressly prohibited by 

6 law from being disclosed to another Federal agency; 

7 or 

8 ‘‘(2) information that the agency possessing the 

9 information determines could not be disclosed with10 out significantly impairing the discharge of authori11 ties and responsibilities which have been delegated 

12 to, or vested by law, in such agency. 

13 ‘‘§ 6310. Proceeds of data product sales 

14 ‘‘Notwithstanding section 3302 of title 31, amounts 

15 received by the Bureau from the sale of data products, 

16 for necessary expenses incurred, may be credited to the 

17 Highway Trust Fund (other than the Mass Transit Ac18 count) for the purpose of reimbursing the Bureau for such 

19 expenses. 

20 ‘‘§ 6311. Information collection 

21 ‘‘As the head of an independent Federal statistical 

22 agency, the Director may consult directly with the Office 

23 of Management and Budget concerning any survey, ques24 tionnaire, or interview that the Director considers nec25 essary to carry out the statistical responsibilities under 

26 this subchapter. 


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1 ‘‘§ 6312. National transportation atlas database 

2 ‘‘(a) IN GENERAL.—The Director shall develop and 

3 maintain a national transportation atlas database that is 

4 comprised of geospatial databases that depict— 

5 ‘‘(1) transportation networks; 

6 ‘‘(2) flows of people, goods, vehicles, and craft 

7 over the networks; and 

8 ‘‘(3) social, economic, and environmental condi9 tions that affect, or are affected by, the networks. 

10 ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The data11 bases developed under subsection (a) shall be capable of 

12 supporting intermodal network analysis. 

13 ‘‘§ 6313. Limitations on statutory construction 

14 ‘‘Nothing in this subchapter may be construed— 

15 ‘‘(1) to authorize the Bureau to require any 

16 other department or agency to collect data; or 

17 ‘‘(2) to reduce the authority of any other officer 

18 of the Department to independently collect and dis19 seminate data. 

20 ‘‘§ 6314. Research and development grants 

21 ‘‘The Secretary may award grants to, or enter into 

22 cooperative agreements or contracts with, public and non23 profit private entities (including State transportation de24 partments, metropolitan planning organizations, and insti25 tutions of higher education) for— 


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1 ‘‘(1) investigation of the subjects specified in 

2 section 6303 and research and development of new 

3 methods of data collection, standardization, manage4 ment, integration, dissemination, interpretation, and 

5 analysis; 

6 ‘‘(2) demonstration programs by States, local 

7 governments, and metropolitan planning organiza8 tions to coordinate data collection, reporting, man9 agement, storage, and archiving to simplify data 

10 comparisons across jurisdictions; 

11 ‘‘(3) development of electronic clearinghouses of 

12 transportation data and related information, as part 

13 of the National Transportation Library under sec14 tion 6304; and 

15 ‘‘(4) development and improvement of methods 

16 for sharing geographic data, in support of the data17 base under section 6303 and the National Spatial 

18 Data Infrastructure. 

19 ‘‘§ 6315. Transportation statistics annual report 

20 ‘‘The Director shall submit to the President and Con21 gress a transportation statistics annual report, which shall 

22 include— 

23 ‘‘(1) information on items referred to in section 

24 6303(a)(6); 


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1 ‘‘(2) documentation of methods used to obtain 

2 and ensure the quality of the statistics presented in 

3 the report; and 

4 ‘‘(3) recommendations for improving transpor5 tation statistical information. 

6 ‘‘§ 6316. Mandatory response authority for data col7 lections 

8 ‘‘Any individual who, as the owner, official, agent, 

9 person in charge, or assistant to the person in charge of 

10 any corporation, company, business, institution, establish11 ment, organization of any nature or the member of a 

12 household, neglects or refuses, after requested by the Di13 rector or other authorized officer, employee, or contractor 

14 of the Bureau, to answer completely and correctly to the 

15 best of the individual’s knowledge all questions relating 

16 to the corporation, company, business, institution, estab17 lishment, or other organization or household, or to make 

18 available records or statistics in the individual’s official 

19 custody, contained in a data collection request prepared 

20 and submitted under section 6303(a)— 

21 ‘‘(1) shall be fined not more than $500, except 

22 as provided under paragraph (2); and 

23 ‘‘(2) if the individual willfully gives a false an24 swer to such a question, shall be fined not more 

25 than $10,000.’’. 


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1 (b) RULES OF CONSTRUCTION.—In transferring the 

2 provisions under section 111 of title 49, United States 

3 Code, to chapter 63 of title 49, as added by subsection 

4 (a), the following rules of construction shall apply: 

5 (1) For purposes of determining whether 1 pro6 vision of law supersedes another based on enactment 

7 later in time, a provision under chapter 63 of title 

8 49, United States Code, is deemed to have been en9 acted on the date of the enactment of the cor10 responding provision under section 111 of such title. 

11 (2) A reference to a provision under such chap12 ter 65 is deemed to refer to the corresponding provi13 sion under such section 111. 

14 (3) A reference to a provision under such sec15 tion 111, including a reference in a regulation, 

16 order, or other law, is deemed to refer to the cor17 responding provision under such chapter 65. 

18 (4) A regulation, order, or other administrative 

19 action authorized by a provision under such section 

20 111 continues to be authorized by the corresponding 

21 provision under such chapter 65. 

22 (5) An action taken or an offense committed 

23 under a provision of section 111 is deemed to have 

24 been taken or committed under the corresponding 

25 provision of chapter 65. 


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1 (c) CONFORMING AMENDMENTS.— 

2 (1) REPEAL.—Chapter 1 of title 49, United 

3 States Code, is amended— 

4 (A) by repealing section 111; and 

5 (B) by striking the item relating to section 

6 111 in the chapter analysis. 

7 (2) ANALYSIS OF SUBTITLE III.—The table of 

8 chapters for subtitle III of title 49, United States 

9 Code, is amended by inserting after the item for 

10 chapter 61 the following: 

11 ‘‘63. Bureau of Transportation Statistics . . . . . . 

12 . . . . . . . . . . . . . . . . . 6301’’. 

13 SEC. 5. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-IN14 FRASTRUCTURE COMMUNICATIONS SYSTEMS 

15 DEPLOYMENT. 

16 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

17 49, United States Code, as amended by section 3, is fur18 ther amended by adding at the end the following: 

19 ‘‘§ 5508. GHz vehicle-to-vehicle and vehicle-to-infra20 structure communications systems de21 ployment 

22 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

23 date of the enactment of this section, the Secretary shall 

24 submit a report to the Committee on Commerce, Science, 

25 and Transportation of the Senate, the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives, and the Committee on Energy and Commerce 

3 of the House of Representatives that— 

4 ‘‘(1) defines a recommended implementation 

5 path for Dedicated Short Range Communications 

6 (DSRC) technology and applications; and 

7 ‘‘(2) includes guidance concerning the relation8 ship of the proposed DSRC deployment to Intel9 ligent Transportation System National Architecture 

10 and Standards. 

11 ‘‘(b) REPORT REVIEW.—The Secretary shall enter 

12 into an agreement for the review of the report submitted 

13 under subsection (a) by an independent third party with 

14 subject matter expertise.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis of 

16 chapter 55 of title 49, United States Code, is amended 

17 by inserting after the item relating to section 5507, as 

18 added by section 3, the following: 

‘‘5508. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications 

systems deployment.’’. 

19 SEC. 6. ADMINISTRATIVE AUTHORITY. 

20 Section 112 of title 49, United States Code, is 

21 amended by inserting after subsection (e) the following: 

22 ‘‘(f) PROGRAM EVALUATION AND OVERSIGHT.—The 

23 Administrator is authorized to expend not more than 1.5 

24 percent of the amounts authorized to be appropriated for 


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1 each of the fiscal years 2012 and 2013, for necessary ex2 penses for administration and operations of the Research 

3 and Innovative Technology Administration for the coordi4 nation, evaluation, and oversight of the programs adminis5 tered by the Administration. 

6 ‘‘(g) COLLABORATIVE RESEARCH AND DEVELOP7 MENT.— 

8 ‘‘(1) IN GENERAL.—To encourage innovative 

9 solutions to multimodal transportation problems and 

10 stimulate the deployment of new technology, the Ad11 ministrator may carry out, on a cost-shared basis, 

12 collaborative research and development with— 

13 ‘‘(A) non-Federal entities, including State 

14 and local governments, foreign governments, 

15 colleges and universities, corporations, institu16 tions, partnerships, sole proprietorships, and 

17 trade associations that are incorporated or es18 tablished under the laws of any State; 

19 ‘‘(B) Federal laboratories; and 

20 ‘‘(C) other Federal agencies. 

21 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

22 AGREEMENTS.—Notwithstanding any other provision 

23 of law, the Administrator may directly initiate con24 tracts, grants, other transactions, and cooperative 

25 research and development agreements (as defined in 


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1 section 12 of the Stevenson-Wydler Technology In2 novation Act of 1980 (15 U.S.C. 3710a)) to fund, 

3 and accept funds from, the Transportation Research 

4 Board of the National Research Council of the Na5 tional Academy of Sciences, State departments of 

6 transportation, cities, counties, universities, associa7 tions, and the agents of such entities to conduct 

8 joint transportation research and technology efforts. 

9 ‘‘(3) FEDERAL SHARE.— 

10 ‘‘(A) IN GENERAL.—The Federal share of 

11 the cost of activities carried out under a cooper12 ative research and development agreement en13 tered into under this subsection may not exceed 

14 50 percent unless the Secretary approves a 

15 greater Federal share due to substantial public 

16 interest or benefit. 

17 ‘‘(B) NON-FEDERAL SHARE.—All costs di18 rectly incurred by the non-Federal partners, in19 cluding personnel, travel, facility, and hardware 

20 development costs, shall be credited toward the 

21 non-Federal share of the cost of the activities 

22 described in subparagraph (A). 

23 ‘‘(4) USE OF TECHNOLOGY.—The research, de24 velopment, or use of a technology under a coopera25 tive research and development agreement entered 


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1 into under this subsection, including the terms 

2 under which the technology may be licensed and the 

3 resulting royalties may be distributed, shall be sub4 ject to the Stevenson-Wydler Technology Innovation 

5 Act of 1980 (15 U.S.C. 3701 et seq.). 

6 ‘‘(5) WAIVER OF ADVERTISING REQUIRE7 MENTS.—Section 3709 of the Revised Statutes (41 

8 U.S.C. 5) shall not apply to a contract, grant, or 

9 other agreement entered into under this chapter.’’. 

10 SEC. 7. PRIZE AUTHORITY. 

11 (a) IN GENERAL.—Chapter 3 of title 49, United 

12 States Code, is amended by inserting before section 336 

13 the following: 

14 ‘‘SEC. 335. PRIZE AUTHORITY. 

15 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

16 may carry out a program, in accordance with this section, 

17 to competitively award cash prizes to stimulate innovation 

18 in basic and applied research, technology development, 

19 and prototype demonstration that have the potential for 

20 application to the national transportation system. 

21 ‘‘(b) TOPICS.—In selecting topics for prize competi22 tions under this section, the Secretary shall— 

23 ‘‘(1) consult with a wide variety of Government 

24 and nongovernment representatives; and 


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1 ‘‘(2) give consideration to prize goals that dem2 onstrate innovative approaches and strategies to im3 prove the safety, efficiency, and sustainability of the 

4 national transportation system. 

5 ‘‘(c) ADVERTISING.—The Secretary shall encourage 

6 participation in the prize competitions through extensive 

7 advertising. 

8 ‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 

9 prize competition, the Secretary shall publish a notice on 

10 a public website that describes— 

11 ‘‘(1) the subject of the competition; 

12 ‘‘(2) the eligibility rules for participation in the 

13 competition; 

14 ‘‘(3) the amount of the prize; and 

15 ‘‘(4) the basis on which a winner will be se16 lected. 

17 ‘‘(e) ELIGIBILITY.—An individual or entity may not 

18 receive a prize under this section unless the individual or 

19 entity— 

20 ‘‘(1) has registered to participate in the com21 petition pursuant to any rules promulgated by the 

22 Secretary under this section; 

23 ‘‘(2) has complied with all the requirements 

24 under this section; 


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1 ‘‘(3)(A) in the case of a private entity, is incor2 porated in, and maintains a primary place of busi3 ness in, the United States; or 

4 ‘‘(B) in the case of an individual, whether par5 ticipating singly or in a group, is a citizen or perma6 nent resident of the United States; and 

7 ‘‘(4) is not a Federal entity or Federal em8 ployee acting within the scope of his or her employ9 ment. 

10 ‘‘(f) LIABILITY.— 

11 ‘‘(1) ASSUMPTION OF RISK.— 

12 ‘‘(A) IN GENERAL.—A registered partici13 pant shall agree to assume any and all risks 

14 and waive claims against the Federal Govern15 ment and its related entities, except in the case 

16 of willful misconduct, for any injury, death, 

17 damage, or loss of property, revenue, or profits, 

18 whether direct, indirect, or consequential, aris19 ing from participation in a competition, whether 

20 such injury, death, damage, or loss arises 

21 through negligence or otherwise. 

22 ‘‘(B) RELATED ENTITY.—In this para23 graph, the term ‘related entity’ means a con24 tractor, subcontractor (at any tier), supplier, 


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1 user, customer, cooperating party, grantee, in2 vestigator, or detailee. 

3 ‘‘(2) FINANCIAL RESPONSIBILITY.—A partici4 pant shall obtain liability insurance or demonstrate 

5 financial responsibility, in amounts determined by 

6 the Secretary, for claims by— 

7 ‘‘(A) a third party for death, bodily injury, 

8 or property damage, or loss resulting from an 

9 activity carried out in connection with participa10 tion in a competition, with the Federal Govern11 ment named as an additional insured under the 

12 registered participant’s insurance policy and 

13 registered participants agreeing to indemnify 

14 the Federal Government against third party 

15 claims for damages arising from or related to 

16 competition activities; and 

17 ‘‘(B) the Federal Government for damage 

18 or loss to Government property resulting from 

19 such an activity. 

20 ‘‘(g) JUDGES.— 

21 ‘‘(1) SELECTION.—For each prize competition, 

22 the Secretary, either directly or through an agree23 ment under subsection (h), shall assemble a panel of 

24 qualified judges to select the winner or winners of 

25 the prize competition on the basis described in subVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.RS S1953

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1 section (d). Judges for each competition shall in2 clude individuals from outside the Administration, 

3 including the private sector. 

4 ‘‘(2) LIMITATIONS.—A judge selected under 

5 this subsection may not— 

6 ‘‘(A) have personal or financial interests 

7 in, or be an employee, officer, director, or agent 

8 of, any entity that is a registered participant in 

9 a prize competition under this section; or 

10 ‘‘(B) have a familial or financial relation11 ship with an individual who is a registered par12 ticipant. 

13 ‘‘(h) ADMINISTERING THE COMPETITION.—The Sec14 retary may enter into an agreement with a private, non15 profit entity to administer the prize competition, subject 

16 to the provisions of this section. 

17 ‘‘(i) FUNDING.— 

18 ‘‘(1) PRIVATE SECTOR FUNDING.—A cash prize 

19 under this section may consist of funds appropriated 

20 by the Federal Government and funds provided by 

21 the private sector. The Secretary may accept funds 

22 from other Federal agencies, State and local govern23 ments, and metropolitan planning organizations for 

24 the cash prizes. The Secretary may not give any speVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.RS S1953

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1 cial consideration to any private sector entity in re2 turn for a donation under this paragraph. 

3 ‘‘(2) AVAILABILITY OF FUNDS.—Notwith4 standing any other provision of law, amounts appro5 priated for prize awards under this section— 

6 ‘‘(A) shall remain available until expended; 

7 and 

8 ‘‘(B) may not be transferred, repro9 grammed, or expended for other purposes until 

10 after the expiration of the 10-year period begin11 ning on the last day of the fiscal year for which 

12 the funds were originally appropriated. 

13 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub14 section may be construed to permit the obligation or 

15 payment of funds in violation of the Anti-Deficiency 

16 Act (31 U.S.C. 1341). 

17 ‘‘(4) PRIZE ANNOUNCEMENT.—A prize may not 

18 be announced under this section until all the funds 

19 needed to pay out the announced amount of the 

20 prize have been appropriated or committed in writ21 ing by a private source. 

22 ‘‘(5) PRIZE INCREASES.—The Secretary may 

23 increase the amount of a prize after the initial an24 nouncement of the prize under this section if— 


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1 ‘‘(A) notice of the increase is provided in 

2 the same manner as the initial notice of the 

3 prize; and 

4 ‘‘(B) the funds needed to pay out the an5 nounced amount of the increase have been ap6 propriated or committed in writing by a private 

7 source. 

8 ‘‘(6) CONGRESSIONAL NOTIFICATION.—A prize 

9 competition under this section may offer a prize in 

10 an amount greater than $1,000,000 only after 30 

11 days have elapsed after written notice has been 

12 transmitted to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Science, Space, and Technology of the 

15 House of Representatives. 

16 ‘‘(7) AWARD LIMIT.—A prize competition under 

17 this section may not result in the award of more 

18 than $25,000 in cash prizes without the approval of 

19 the Secretary. 

20 ‘‘(j) USE OF DEPARTMENT NAME AND INSIGNIA.— 

21 A registered participant in a prize competition under this 

22 section may use the Department’s name, initials, or insig23 nia only after prior review and written approval by the 

24 Secretary. 


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1 ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Fed2 eral Government shall not, by virtue of offering or pro3 viding a prize under this section, be responsible for compli4 ance by registered participants in a prize competition with 

5 Federal law, including licensing, export control, and non6 proliferation laws, and related regulations.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis of 

8 chapter 3 of title 49, United States Code, is amended by 

9 inserting before the item relating to section 336 the fol10 lowing: 

‘‘335. Prize authority.’’. 

11 SEC. 8. TRANSPORTATION RESEARCH AND DEVELOPMENT. 

12 Section 508(a) of title 23, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by striking ‘‘SAFETEA– 

15 LU’’ and inserting ‘‘Research and Innovative Tech16 nology Administration Reauthorization Act of 

17 2011’’; and 

18 (2) by amending paragraph (2)(A) to read as 

19 follows: 

20 ‘‘(A) describe the primary purposes of the 

21 transportation research and development pro22 gram, which shall include— 

23 ‘‘(i) promoting safety; 

24 ‘‘(ii) reducing congestion and improv25 ing mobility; 


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1 ‘‘(iii) promoting security; 

2 ‘‘(iv) protecting and enhancing the en3 vironment; 

4 ‘‘(v) preserving the existing transpor5 tation system; and 

6 ‘‘(vi) improving transportation infra7 structure, in coordination with Department 

8 of Transportation strategic goals and plan9 ning efforts;’’. 

10 SEC. 9. USE OF FUNDS FOR INTELLIGENT TRANSPOR11 TATION SYSTEMS ACTIVITIES. 

12 Section 513 of title 23, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 513. Use of funds for ITS activities 

15 ‘‘(a) IN GENERAL.—The Secretary may use not more 

16 than $500,000 of the amounts made available to the De17 partment for each fiscal year to carry out the Intelligent 

18 Transportation Systems Program (referred to in this sec19 tion as ‘ITS’) on intelligent transportation system out20 reach, websites, public relations, displays, tours, and bro21 chures. 

22 ‘‘(b) PURPOSE.—Amounts authorized for use under 

23 subsection (a) are intended to develop, administer, com24 municate, and promote the use of products of research, 


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1 technology, and technology transfer programs under this 

2 section. 

3 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 

4 ‘‘(1) IN GENERAL.—The Secretary may develop 

5 and implement incentives to accelerate the deploy6 ment of ITS technologies and services within all pro7 grams receiving amounts appropriated pursuant to 

8 section 11 of the Research and Innovative Tech9 nology Administration Reauthorization Act of 2011. 

10 ‘‘(2) COMPREHENSIVE PLAN.—The Secretary 

11 shall develop a detailed and comprehensive plan to 

12 carry out this subsection that addresses how incen13 tives may be adopted, as appropriate, through the 

14 existing deployment activities carried out by surface 

15 transportation modal administrations.’’. 

16 SEC. 10. NATIONAL TRAVEL DATA PROGRAM. 

17 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

18 49, United States Code, as amended by sections 3 and 

19 5, is further amended by adding at the end the following: 

20 ‘‘§ 5509. National Travel Data Program 

21 ‘‘(a) ESTABLISHMENT.—Not later than 18 months 

22 after the date of the enactment of the Research and Inno23 vative Technology Administration Reauthorization Act of 

24 2011, the Secretary of Transportation shall establish the 

25 National Travel Data Program (referred to in this section 


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1 as the ‘‘Program’’) to collect essential national passenger 

2 and freight travel data to help guide transportation oper3 ations, policy, and investment decisions for Federal, State, 

4 and local governments and the private sector. 

5 ‘‘(b) PROGRAM ELEMENTS.—In carrying out the Pro6 gram, the Secretary shall— 

7 ‘‘(1) collect data and make such data available 

8 to support transportation operations, policy, and in9 vestment decisions, including data on system per10 formance, safety, international competitiveness, en11 ergy efficiency, and changes in demographics; 

12 ‘‘(2) improve the quality of the data collected 

13 under the Program, including identifying and ad14 dressing current gaps in passenger and freight travel 

15 data collection, such as the sample sizes and fre16 quency of transportation surveys including the Com17 modity Flow Survey, the National Household Travel 

18 Survey, and the Transportation Services Index; and 

19 ‘‘(3) consult with State and local governments, 

20 private sector data providers, and professional and 

21 nonprofit associations to improve the integration, 

22 management, and implementation of data collected 

23 under the Program. 

24 ‘‘(c) ADVISORY COUNCIL ON TRANSPORTATION STA25 TISTICS.— 


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1 ‘‘(1) ESTABLISHMENT.—In carrying out the 

2 Program, the Secretary shall seek recommendations 

3 from the Advisory Council on Transportation Statis4 tics, established under section 6305 on— 

5 ‘‘(A) the design and implementation of the 

6 Program; 

7 ‘‘(B) emerging transportation-related data 

8 needs relevant to the Program; and 

9 ‘‘(C) other matters the Secretary deter10 mines to be appropriate. 

11 ‘‘(d) REPORTS TO CONGRESS.— 

12 ‘‘(1) 5-YEAR PLAN.—Not later than 1 year after 

13 the date of the enactment of the Research and Inno14 vative Technology Administration Reauthorization 

15 Act of 2011, the Secretary shall submit, to the Com16 mittee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Transportation 

18 and Infrastructure of the House of Representatives, 

19 a 5-year plan for implementing the National Travel 

20 Data Program that includes benchmarks and goals. 

21 ‘‘(2) BIENNIAL REPORT.—Upon the establish22 ment of the National Travel Data Program, and 

23 every 2 years thereafter, the Secretary shall submit 

24 a report on the activities of the Program to the con25 gressional committees set forth in paragraph (1). 


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1 ‘‘(e) FUNDING.—Of the amounts made available 

2 under section 11 of the Research and Innovative Tech3 nology Administration Reauthorization Act of 2011, 

4 $8,000,000 shall be available for each of the fiscal years 

5 2012 and 2013 to establish and maintain the Program.’’. 

6 (b) CLERICAL AMENDMENT.—The chapter analysis 

7 for chapter 55 of title 49, United States Code, as amended 

8 by sections 3 and 5, is further amended by inserting after 

9 the item relating to section 5508 the following: 

‘‘5509. National Travel Data Program.’’. 

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated out of the Highway Trust Fund (other than the 

13 Mass Transit Account), under the conditions set forth in 

14 subsection (b)— 

15 (1) $55,297,000 for fiscal year 2012; and 

16 (2) $55,597,000 for fiscal year 2013. 

17 (b) APPLICABILITY OF TITLE 23, UNITED STATES

18 CODE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), amounts appropriated pursuant to sub21 section (a) shall be available for obligation in the 

22 same manner as if such funds were apportioned 

23 under chapter 1 of title 23, United States Code. 

24 (2) FEDERAL SHARE.—The Federal share of 

25 the cost of a project or activity carried out with 


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1 amounts appropriated pursuant to subsection (a) 

2 shall be 50 percent unless another percentage is— 

3 (A) expressly provided under this Act or 

4 the amendments made by this Act; or 

5 (B) determined by the Secretary. 

6 (3) AVAILABILITY; TRANSFERABILITY.— 

7 Amounts appropriated pursuant to subsection (a) 

8 shall remain available until expended and shall not 

9 be transferable. 


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Calendar No. 541 

112TH CONGRESS 

2D SESSION S. 1953 

[Report No. 112–236] 

A BILL 

To reauthorize the Research and Innovative Techposes. research and development, and for other pur- nology Administration, to improve transportation 

NOVEMBER 13, 2012 

Reported without amendment 


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