II 

112TH CONGRESS 

1ST SESSION S. 1953 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Research and Innovative Technology Administration Re6 authorization Act of 2011’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. National Cooperative Freight Research Program. 


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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. 

1 SEC. 2. NATIONAL COOPERATIVE FREIGHT RESEARCH PRO2 GRAM. 

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

4 amended by adding at the end the following: 

5 ‘‘(6) COORDINATION OF COOPERATIVE RE6 SEARCH.—The National Academy of Sciences shall 

7 coordinate research agendas, research project selec8 tions, and competitions across all transportation-re9 lated cooperative research programs conducted by 

10 the National Academy of Sciences to ensure pro11 gram efficiency, effectiveness, and sharing of re12 search findings.’’. 

13 SEC. 3. MULTIMODAL INNOVATIVE RESEARCH PROGRAM. 

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

15 49, United States Code, is amended by adding at the end 

16 the following: 

17 ‘‘§ 5507. Multimodal Innovative Research Program 

18 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor19 tation shall establish a Multimodal Innovative Research 


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

2 the Research and Innovative Technology Administration. 

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

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

5 and goals by applying state-of-the-art advanced tech6 nology solutions to multimodal transportation issues; 

7 and 

8 ‘‘(2) key partnerships throughout the Depart9 ment of Transportation and with other Federal 

10 agencies to fully leverage their investments in trans11 portation research and technology developments to 

12 address transportation problems at modal interfaces 

13 or affecting more than 1 transportation mode. 

14 ‘‘(c) CONTENT.—The Program shall— 

15 ‘‘(1) address issues affecting— 

16 ‘‘(A) policy; 

17 ‘‘(B) cross-modal concerns, such as effi18 cient and intermodal goods and passenger 

19 movements; 

20 ‘‘(C) the development of advanced vehicle 

21 technologies; 

22 ‘‘(D) the application of existing tech23 nologies; and 

24 ‘‘(E) the integration of multimodal real25 time transportation information systems; 


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1 ‘‘(2) competitively award contracts or coopera2 tive agreements for advanced multimodal transpor3 tation research to facilitate practical innovative ap4 proaches to solve transportation problems related to 

5 attaining— 

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

7 of Transportation; and 

8 ‘‘(B) multimodal elements of the Transpor9 tation Research and Development Strategic 

10 Plan required under section 508 of title 23; 

11 ‘‘(3) demonstrate transportation system appli12 cations of advanced transportation technologies, 

13 methodologies, policies, and decisions; 

14 ‘‘(4) disseminate best practices in planning, op15 erations, design, and maintenance of transportation 

16 and related systems; and 

17 ‘‘(5) provide technology identification, modifica18 tion, and dissemination through outreach to other 

19 Federal agencies, State and local transportation 

20 agencies, and other public, private, and academic 

21 stakeholders in the industry. 

22 ‘‘(d) COORDINATION.—The Secretary of Transpor23 tation shall coordinate activities under this section with 

24 other Federal agencies, as appropriate. 

25 ‘‘(e) FUNDING.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts appro2 priated pursuant to section 11 of the Research and 

3 Innovative Technology Administration Reauthoriza4 tion Act of 2011, $20,000,000 shall be made avail5 able for each of the fiscal year 2012 and 2013 to es6 tablish and maintain the Multimodal Innovative Re7 search Program. 

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

9 each of the fiscal years 2012 and 2013, the Sec10 retary of Transportation may not expend more than 

11 1.5 percent of the amounts made available under 

12 paragraph (1) to carry out management and over13 sight of the Multimodal Innovative Research Pro14 gram.’’. 

15 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

17 by inserting after the item relating to section 5506 the 

18 following: 

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

19 SEC. 4. BUREAU OF TRANSPORTATION STATISTICS. 

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

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘CHAPTER 63—BUREAU OF 

24 TRANSPORTATION STATISTICS 

‘‘SUBCHAPTER I—BUREAU OF TRANSPORTATION STATISTICS


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‘‘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. 

1 ‘‘SUBCHAPTER I—BUREAU OF 

2 TRANSPORTATION STATISTICS 

3 ‘‘§ 6301. Establishment 

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

5 Technology Administration, a Bureau of Transportation 

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

7 ‘‘§ 6302. Director 

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

9 a Director, who shall be appointed in the competitive serv10 ice by the Secretary of Transportation. 

11 ‘‘(b) QUALIFICATIONS.—The Director shall be ap12 pointed from among individuals who are qualified to serve 

13 as the Director by virtue of their training and experience 

14 in the collection, analysis, and use of transportation statis15 tics. 


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1 ‘‘§ 6303. Responsibilities 

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

3 shall serve as the Secretary of Transportation’s senior ad4 visor on data and statistics, shall be responsible for car5 rying out the following duties: 

6 ‘‘(1) Ensuring that the statistics compiled 

7 under paragraph (6) are designed to support trans8 portation decisionmaking by the Federal Govern9 ment, State and local governments, metropolitan 

10 planning organizations, transportation-related asso11 ciations, the private sector (including the freight 

12 community), and the public. 

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

14 Secretary— 

15 ‘‘(A) to effectively integrate safety data 

16 across modes; and 

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

18 data programs of the Department of Transpor19 tation. 

20 ‘‘(3) Working with the operating administra21 tions of the Department of Transportation— 

22 ‘‘(A) to establish and implement the Bu23 reau’s data programs; and 

24 ‘‘(B) to improve the coordination of infor25 mation collection efforts with other Federal 

26 agencies. 


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1 ‘‘(4) Continually improving surveys and data 

2 collection methods to improve the accuracy and util3 ity of transportation statistics. 

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

5 data collection methods, and data management and 

6 storage technologies for data collected by the Bu7 reau, the operating administrations of the Depart8 ment of Transportation, States, local governments, 

9 metropolitan planning organizations, and private 

10 sector entities. 

11 ‘‘(6) Collecting, compiling, analyzing, and pub12 lishing a comprehensive set of transportation statis13 tics on the performance and impacts of the national 

14 transportation system, including statistics on— 

15 ‘‘(A) transportation safety across all modes 

16 and intermodally; 

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

18 States transportation infrastructure. 

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

20 of the transportation system, building on the 

21 national transportation atlas database devel22 oped under section 6312; 

23 ‘‘(D) economic efficiency throughout the 

24 entire transportation sector; 


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1 ‘‘(E) the effects of the transportation sys2 tem on global and domestic economic competi3 tiveness; 

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

5 variables influencing travel behavior, including 

6 choice of transportation mode and goods move7 ment; 

8 ‘‘(G) transportation-related variables that 

9 influence the domestic economy and global com10 petitiveness; 

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

12 passenger travel and freight movement; 

13 ‘‘(I) intermodal and multimodal passenger 

14 movement; 

15 ‘‘(J) intermodal and multimodal freight 

16 movement; and 

17 ‘‘(K) the consequences of transportation 

18 for the human and natural environment, sus19 tainable transportation, and livable commu20 nities. 

21 ‘‘(7) Building and disseminating the transpor22 tation layer of the National Spatial Data Infrastruc23 ture developed under Executive Order 12906, includ24 ing— 


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1 ‘‘(A) coordinating the development of 

2 transportation geospatial data standards; 

3 ‘‘(B) compiling intermodal geospatial data; 

4 and 

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

6 being collected by others. 

7 ‘‘(8) Issuing guidelines for the collection of in8 formation by the Department of Transportation that 

9 is required for transportation statistics, modeling, 

10 economic assessment, and program assessment in 

11 order to ensure that such information is accurate, 

12 reliable, relevant, uniform and in a form that per13 mits systematic analysis by the Department. 

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

15 of Transportation on the sources and reliability of— 

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

17 of the operating administrations of the Depart18 ment of Transportation to measure outputs and 

19 outcomes, as required by the Government Per20 formance and Results Act of 1993 (Public Law 

21 103–62; 107 Stat. 285); and 

22 ‘‘(B) other data collected or statistical in23 formation published by the heads of the oper24 ating administrations of the Department. 


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1 ‘‘(10) Making the statistics published under 

2 this subsection readily accessible to the public, con3 sistent with applicable security constraints and con4 fidentiality interests. 

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

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

7 to— 

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

9 Department; and 

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

11 Government agency that is germane to carrying out 

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

13 any statutory or regulatory restrictions. 

14 ‘‘(c) INTERMODAL TRANSPORTATION DATABASE.— 

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

16 Under Secretary for Policy, the Assistant Secre17 taries, and the heads of the operating administra18 tions of the Department of Transportation, the Di19 rector shall establish and maintain a transportation 

20 database for all modes of transportation. 

21 ‘‘(2) USE OF DATABASE.—The database estab22 lished under this subsection shall be suitable for 

23 analyses carried out by the Federal Government, the 

24 States, and metropolitan planning organizations. 


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

2 under this section shall include— 

3 ‘‘(A) information on the volumes and pat4 terns of movement, including local, inter5 regional, and international movement— 

6 ‘‘(i) of goods by all modes of transpor7 tation and intermodal combinations, and 

8 by relevant classification; and 

9 ‘‘(ii) of people by all modes of trans10 portation (including bicycle and pedestrian 

11 modes) and intermodal combinations, and 

12 by relevant classification; 

13 ‘‘(B) information on the location and 

14 connectivity of transportation facilities and 

15 services; and 

16 ‘‘(C) a national accounting of expenditures 

17 and capital stocks on each mode of transpor18 tation and intermodal combination. 

19 ‘‘§ 6304. National Transportation Library 

20 ‘‘(a) PURPOSE AND ESTABLISHMENT.—There is es21 tablished, in the Bureau, a National Transportation Li22 brary (referred to in this section as the ‘Library’), which 

23 shall— 


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1 ‘‘(1) support the information management and 

2 decisionmaking needs of transportation at Federal, 

3 State, and local levels; 

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

5 qualified in library and information science; 

6 ‘‘(3) acquire, preserve, and manage transpor7 tation information and information products and 

8 services for use of the Department of Transpor9 tation, other Federal agencies, and the general pub10 lic; 

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

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

13 results and technical publications of the Department 

14 of Transportation; 

15 ‘‘(6) provide a central clearinghouse for trans16 portation data and information in the Federal Gov17 ernment; 

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

19 transportation information access; 

20 ‘‘(8) provide transportation information and in21 formation products and services to the Department 

22 of Transportation, other agencies of the Federal 

23 Government, public and private organizations, and 

24 individuals, within the United States and inter25 nationally; 


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

2 with, transportation libraries, information providers, 

3 and technical assistance centers, in conjunction with 

4 private industry and other transportation library and 

5 information centers, toward the development of a 

6 comprehensive transportation information and 

7 knowledge network supporting activities described in 

8 subparagraphs (A) through (K) of section 

9 6303(a)(6); and 

10 ‘‘(10) engage in such other activities as the Di11 rector determines appropriate and as the Library’s 

12 resources permit. 

13 ‘‘(b) ACCESS.—The Director shall publicize, facili14 tate, and promote access to the information products and 

15 services described in subsection (a) to improve— 

16 ‘‘(1) the ability of the transportation commu17 nity to share information; and 

18 ‘‘(2) the ability of the Director to make statis19 tics and other information readily accessible under 

20 section 6303(a)(10). 

21 ‘‘(c) AGREEMENTS.— 

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

23 into agreements with, award grants to, and receive 

24 funds from any State and other political subdivision, 


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1 organization, business, or individual for the purpose 

2 of conducting activities under this section. 

3 ‘‘(2) CONTRACTS, GRANTS, AND AGREE4 MENTS.—The Library may initiate and support spe5 cific information and data management, access, and 

6 exchange activities in connection with matters relat7 ing to Department of Transportation’s strategic 

8 goals, knowledge networking, and national and inter9 national cooperation by entering into contracts or 

10 awarding grants for the conduct of such activities. 

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

12 subsection for payments for library products and 

13 services or other activities shall— 

14 ‘‘(A) be deposited in the Research and In15 novative Technology Administration’s general 

16 fund account; and 

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

18 expended. 

19 ‘‘§ 6305. Advisory Council on Transportation Statis20 tics 

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

22 Advisory Council on Transportation Statistics (referred to 

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

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

25 the Director on— 


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1 ‘‘(1) the quality, reliability, consistency, objec2 tivity, and relevance of transportation statistics and 

3 analyses collected, supported, or disseminated by the 

4 Bureau and the Department of Transportation; and 

5 ‘‘(2) methods to encourage cooperation and 

6 interoperability of transportation data collected by 

7 the Bureau, the operating administrations of the De8 partment, States, local governments, metropolitan 

9 planning organizations, and private sector entities. 

10 ‘‘(c) MEMBERSHIP.— 

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

12 be composed of not fewer than 9 members and not 

13 more than 11 members, who shall be appointed by 

14 the Director. 

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

16 Advisory Council, the Director shall appoint individ17 uals who— 

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

19 United States; 

20 ‘‘(B) possess expertise in— 

21 ‘‘(i) transportation data collection, 

22 analysis, or application; 

23 ‘‘(ii) economics; or 

24 ‘‘(iii) transportation safety; and 


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1 ‘‘(C) represent a cross section of transpor2 tation stakeholders, to the greatest extent pos3 sible. 

4 ‘‘(3) TERMS OF APPOINTMENT.— 

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

6 subparagraph (B), members of the Advisory 

7 Council— 

8 ‘‘(i) shall be appointed to staggered 

9 terms not to exceed 3 years; and 

10 ‘‘(ii) may be renominated for 1 addi11 tional 3-year term. 

12 ‘‘(B) CURRENT MEMBERS.—Members serv13 ing on the Advisory Council as of the date of 

14 the enactment of the Research and Innovative 

15 Technology Administration Reauthorization Act 

16 of 2011 shall serve until the end of their ap17 pointed terms. 

18 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM19 MITTEE ACT.—The Federal Advisory Committee Act (ex20 cept for section 14 of such Act) shall apply to the Advisory 

21 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) 

24 may not require, for any reason, a copy of any reVerDate Mar 15 2010 03:00 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.IS S1953

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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: 

‘‘63. Bureau of Transportation Statistics ................................. 6301’’. 

11 SEC. 5. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-IN12 FRASTRUCTURE COMMUNICATIONS SYSTEMS 

13 DEPLOYMENT. 

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

15 49, United States Code, as amended by section 3, is fur16 ther amended by adding at the end the following: 

17 ‘‘§ 5508. GHz vehicle-to-vehicle and vehicle-to-infra18 structure communications systems de19 ployment 

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

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

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

23 and Transportation of the Senate, the Committee on 

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1 resentatives, and the Committee on Energy and Commerce 

2 of the House of Representatives that— 

3 ‘‘(1) defines a recommended implementation 

4 path for Dedicated Short Range Communications 

5 (DSRC) technology and applications; and 

6 ‘‘(2) includes guidance concerning the relation7 ship of the proposed DSRC deployment to Intel8 ligent Transportation System National Architecture 

9 and Standards. 

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

11 into an agreement for the review of the report submitted 

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

13 subject matter expertise.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis of 

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

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

17 added by section 3, the following: 

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

systems deployment.’’. 

18 SEC. 6. ADMINISTRATIVE AUTHORITY. 

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

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

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

22 Administrator is authorized to expend not more than 1.5 

23 percent of the amounts authorized to be appropriated for 

24 each of the fiscal years 2012 and 2013, for necessary exVerDate Mar 15 2010 03:00 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.IS S1953

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1 penses for administration and operations of the Research 

2 and Innovative Technology Administration for the coordi3 nation, evaluation, and oversight of the programs adminis4 tered by the Administration. 

5 ‘‘(g) COLLABORATIVE RESEARCH AND DEVELOP6 MENT.— 

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

8 solutions to multimodal transportation problems and 

9 stimulate the deployment of new technology, the Ad10 ministrator may carry out, on a cost-shared basis, 

11 collaborative research and development with— 

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

13 and local governments, foreign governments, 

14 colleges and universities, corporations, institu15 tions, partnerships, sole proprietorships, and 

16 trade associations that are incorporated or es17 tablished under the laws of any State; 

18 ‘‘(B) Federal laboratories; and 

19 ‘‘(C) other Federal agencies. 

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

21 AGREEMENTS.—Notwithstanding any other provision 

22 of law, the Administrator may directly initiate con23 tracts, grants, other transactions, and cooperative 

24 research and development agreements (as defined in 

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1 novation Act of 1980 (15 U.S.C. 3710a)) to fund, 

2 and accept funds from, the Transportation Research 

3 Board of the National Research Council of the Na4 tional Academy of Sciences, State departments of 

5 transportation, cities, counties, universities, associa6 tions, and the agents of such entities to conduct 

7 joint transportation research and technology efforts. 

8 ‘‘(3) FEDERAL SHARE.— 

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

10 the cost of activities carried out under a cooper11 ative research and development agreement en12 tered into under this subsection may not exceed 

13 50 percent unless the Secretary approves a 

14 greater Federal share due to substantial public 

15 interest or benefit. 

16 ‘‘(B) NON-FEDERAL SHARE.—All costs di17 rectly incurred by the non-Federal partners, in18 cluding personnel, travel, facility, and hardware 

19 development costs, shall be credited toward the 

20 non-Federal share of the cost of the activities 

21 described in subparagraph (A). 

22 ‘‘(4) USE OF TECHNOLOGY.—The research, de23 velopment, or use of a technology under a coopera24 tive research and development agreement entered 

25 into under this subsection, including the terms 


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1 under which the technology may be licensed and the 

2 resulting royalties may be distributed, shall be sub3 ject to the Stevenson-Wydler Technology Innovation 

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

5 ‘‘(5) WAIVER OF ADVERTISING REQUIRE6 MENTS.—Section 3709 of the Revised Statutes (41 

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

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

9 SEC. 7. PRIZE AUTHORITY. 

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

11 States Code, is amended by inserting before section 336 

12 the following: 

13 ‘‘SEC. 335. PRIZE AUTHORITY. 

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

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

16 to competitively award cash prizes to stimulate innovation 

17 in basic and applied research, technology development, 

18 and prototype demonstration that have the potential for 

19 application to the national transportation system. 

20 ‘‘(b) TOPICS.—In selecting topics for prize competi21 tions under this section, the Secretary shall— 

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

23 and nongovernment representatives; and 

24 ‘‘(2) give consideration to prize goals that dem25 onstrate innovative approaches and strategies to imVerDate Mar 15 2010 03:00 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1953.IS S1953

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1 prove the safety, efficiency, and sustainability of the 

2 national transportation system. 

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

4 participation in the prize competitions through extensive 

5 advertising. 

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

7 prize competition, the Secretary shall publish a notice on 

8 a public website that describes— 

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

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

11 competition; 

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

13 ‘‘(4) the basis on which a winner will be se14 lected. 

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

16 receive a prize under this section unless the individual or 

17 entity— 

18 ‘‘(1) has registered to participate in the com19 petition pursuant to any rules promulgated by the 

20 Secretary under this section; 

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

22 under this section; 

23 ‘‘(3)(A) in the case of a private entity, is incor24 porated in, and maintains a primary place of busi25 ness in, the United States; or 


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1 ‘‘(B) in the case of an individual, whether par2 ticipating singly or in a group, is a citizen or perma3 nent resident of the United States; and 

4 ‘‘(4) is not a Federal entity or Federal em5 ployee acting within the scope of his or her employ6 ment. 

7 ‘‘(f) LIABILITY.— 

8 ‘‘(1) ASSUMPTION OF RISK.— 

9 ‘‘(A) IN GENERAL.—A registered partici10 pant shall agree to assume any and all risks 

11 and waive claims against the Federal Govern12 ment and its related entities, except in the case 

13 of willful misconduct, for any injury, death, 

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

15 whether direct, indirect, or consequential, aris16 ing from participation in a competition, whether 

17 such injury, death, damage, or loss arises 

18 through negligence or otherwise. 

19 ‘‘(B) RELATED ENTITY.—In this para20 graph, the term ‘related entity’ means a con21 tractor, subcontractor (at any tier), supplier, 

22 user, customer, cooperating party, grantee, in23 vestigator, or detailee. 

24 ‘‘(2) FINANCIAL RESPONSIBILITY.—A partici25 pant shall obtain liability insurance or demonstrate 


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1 financial responsibility, in amounts determined by 

2 the Secretary, for claims by— 

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

4 or property damage, or loss resulting from an 

5 activity carried out in connection with participa6 tion in a competition, with the Federal Govern7 ment named as an additional insured under the 

8 registered participant’s insurance policy and 

9 registered participants agreeing to indemnify 

10 the Federal Government against third party 

11 claims for damages arising from or related to 

12 competition activities; and 

13 ‘‘(B) the Federal Government for damage 

14 or loss to Government property resulting from 

15 such an activity. 

16 ‘‘(g) JUDGES.— 

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

18 the Secretary, either directly or through an agree19 ment under subsection (h), shall assemble a panel of 

20 qualified judges to select the winner or winners of 

21 the prize competition on the basis described in sub22 section (d). Judges for each competition shall in23 clude individuals from outside the Administration, 

24 including the private sector. 


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

2 this subsection may not— 

3 ‘‘(A) have personal or financial interests 

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

5 of, any entity that is a registered participant in 

6 a prize competition under this section; or 

7 ‘‘(B) have a familial or financial relation8 ship with an individual who is a registered par9 ticipant. 

10 ‘‘(h) ADMINISTERING THE COMPETITION.—The Sec11 retary may enter into an agreement with a private, non12 profit entity to administer the prize competition, subject 

13 to the provisions of this section. 

14 ‘‘(i) FUNDING.— 

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

16 under this section may consist of funds appropriated 

17 by the Federal Government and funds provided by 

18 the private sector. The Secretary may accept funds 

19 from other Federal agencies, State and local govern20 ments, and metropolitan planning organizations for 

21 the cash prizes. The Secretary may not give any spe22 cial consideration to any private sector entity in re23 turn for a donation under this paragraph. 


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1 ‘‘(2) AVAILABILITY OF FUNDS.—Notwith2 standing any other provision of law, amounts appro3 priated for prize awards under this section— 

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

5 and 

6 ‘‘(B) may not be transferred, repro7 grammed, or expended for other purposes until 

8 after the expiration of the 10-year period begin9 ning on the last day of the fiscal year for which 

10 the funds were originally appropriated. 

11 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub12 section may be construed to permit the obligation or 

13 payment of funds in violation of the Anti-Deficiency 

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

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

16 be announced under this section until all the funds 

17 needed to pay out the announced amount of the 

18 prize have been appropriated or committed in writ19 ing by a private source. 

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

21 increase the amount of a prize after the initial an22 nouncement of the prize under this section if— 

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

24 the same manner as the initial notice of the 

25 prize; and 


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1 ‘‘(B) the funds needed to pay out the an2 nounced amount of the increase have been ap3 propriated or committed in writing by a private 

4 source. 

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

6 competition under this section may offer a prize in 

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

8 days have elapsed after written notice has been 

9 transmitted to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the 

11 Committee on Science, Space, and Technology of the 

12 House of Representatives. 

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

14 this section may not result in the award of more 

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

16 the Secretary. 

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

18 A registered participant in a prize competition under this 

19 section may use the Department’s name, initials, or insig20 nia only after prior review and written approval by the 

21 Secretary. 

22 ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Fed23 eral Government shall not, by virtue of offering or pro24 viding a prize under this section, be responsible for compli25 ance by registered participants in a prize competition with 


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1 Federal law, including licensing, export control, and non2 proliferation laws, and related regulations.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis of 

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

5 inserting before the item relating to section 336 the fol6 lowing: 

‘‘335. Prize authority.’’. 

7 SEC. 8. TRANSPORTATION RESEARCH AND DEVELOPMENT. 

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

9 amended— 

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

11 LU’’ and inserting ‘‘Research and Innovative Tech12 nology Administration Reauthorization Act of 

13 2011’’; and 

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

15 follows: 

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

17 transportation research and development pro18 gram, which shall include— 

19 ‘‘(i) promoting safety; 

20 ‘‘(ii) reducing congestion and improv21 ing mobility; 

22 ‘‘(iii) promoting security; 

23 ‘‘(iv) protecting and enhancing the en24 vironment; 


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1 ‘‘(v) preserving the existing transpor2 tation system; and 

3 ‘‘(vi) improving transportation infra4 structure, in coordination with Department 

5 of Transportation strategic goals and plan6 ning efforts;’’. 

7 SEC. 9. USE OF FUNDS FOR INTELLIGENT TRANSPOR8 TATION SYSTEMS ACTIVITIES. 

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

10 amended to read as follows: 

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

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

13 than $500,000 of the amounts made available to the De14 partment for each fiscal year to carry out the Intelligent 

15 Transportation Systems Program (referred to in this sec16 tion as ‘ITS’) on intelligent transportation system out17 reach, websites, public relations, displays, tours, and bro18 chures. 

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

20 subsection (a) are intended to develop, administer, com21 municate, and promote the use of products of research, 

22 technology, and technology transfer programs under this 

23 section. 

24 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 


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

2 and implement incentives to accelerate the deploy3 ment of ITS technologies and services within all pro4 grams receiving amounts appropriated pursuant to 

5 section 11 of the Research and Innovative Tech6 nology Administration Reauthorization Act of 2011. 

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

8 shall develop a detailed and comprehensive plan to 

9 carry out this subsection that addresses how incen10 tives may be adopted, as appropriate, through the 

11 existing deployment activities carried out by surface 

12 transportation modal administrations.’’. 

13 SEC. 10. NATIONAL TRAVEL DATA PROGRAM. 

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

15 49, United States Code, as amended by sections 3 and 

16 5, is further amended by adding at the end the following: 

17 ‘‘§ 5509. National Travel Data Program 

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

19 after the date of the enactment of the Research and Inno20 vative Technology Administration Reauthorization Act of 

21 2011, the Secretary of Transportation shall establish the 

22 National Travel Data Program (referred to in this section 

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

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1 ations, policy, and investment decisions for Federal, State, 

2 and local governments and the private sector. 

3 ‘‘(b) PROGRAM ELEMENTS.—In carrying out the Pro4 gram, the Secretary shall— 

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

6 to support transportation operations, policy, and in7 vestment decisions, including data on system per8 formance, safety, international competitiveness, en9 ergy efficiency, and changes in demographics; 

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

11 under the Program, including identifying and ad12 dressing current gaps in passenger and freight travel 

13 data collection, such as the sample sizes and fre14 quency of transportation surveys including the Com15 modity Flow Survey, the National Household Travel 

16 Survey, and the Transportation Services Index; and 

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

18 private sector data providers, and professional and 

19 nonprofit associations to improve the integration, 

20 management, and implementation of data collected 

21 under the Program. 

22 ‘‘(c) ADVISORY COUNCIL ON TRANSPORTATION STA23 TISTICS.— 

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

25 Program, the Secretary shall seek recommendations 


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1 from the Advisory Council on Transportation Statis2 tics, established under section 6305 on— 

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

4 Program; 

5 ‘‘(B) emerging transportation-related data 

6 needs relevant to the Program; and 

7 ‘‘(C) other matters the Secretary deter8 mines to be appropriate. 

9 ‘‘(d) REPORTS TO CONGRESS.— 

10 ‘‘(1) 5-YEAR PLAN.—Not later than 1 year after 

11 the date of the enactment of the Research and Inno12 vative Technology Administration Reauthorization 

13 Act of 2011, the Secretary shall submit, to the Com14 mittee on Commerce, Science, and Transportation of 

15 the Senate and the Committee on Transportation 

16 and Infrastructure of the House of Representatives, 

17 a 5-year plan for implementing the National Travel 

18 Data Program that includes benchmarks and goals. 

19 ‘‘(2) BIENNIAL REPORT.—Upon the establish20 ment of the National Travel Data Program, and 

21 every 2 years thereafter, the Secretary shall submit 

22 a report on the activities of the Program to the con23 gressional committees set forth in paragraph (1). 

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

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1 nology Administration Reauthorization Act of 2011, 

2 $8,000,000 shall be available for each of the fiscal years 

3 2012 and 2013 to establish and maintain the Program.’’. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

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

7 the item relating to section 5508 the following: 

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

8 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There are authorized to be appro10 priated out of the Highway Trust Fund (other than the 

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

12 subsection (b)— 

13 (1) $55,297,000 for fiscal year 2012; and 

14 (2) $55,597,000 for fiscal year 2013. 

15 (b) APPLICABILITY OF TITLE 23, UNITED STATES

16 CODE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), amounts appropriated pursuant to sub19 section (a) shall be available for obligation in the 

20 same manner as if such funds were apportioned 

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

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

23 the cost of a project or activity carried out with 

24 amounts appropriated pursuant to subsection (a) 

25 shall be 50 percent unless another percentage is— 


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1 (A) expressly provided under this Act or 

2 the amendments made by this Act; or 

3 (B) determined by the Secretary. 

4 (3) AVAILABILITY; TRANSFERABILITY.— 

5 Amounts appropriated pursuant to subsection (a) 

6 shall remain available until expended and shall not 

7 be transferable. 

Æ 


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