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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Reported in Senate (RS)]

                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Research and 
Innovative Technology Administration Reauthorization Act of 2011''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. NATIONAL COOPERATIVE FREIGHT RESEARCH PROGRAM.

    Section 509(d) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(6) Coordination of cooperative research.--The National 
        Academy of Sciences shall coordinate research agendas, research 
        project selections, and competitions across all transportation-
        related cooperative research programs conducted by the National 
        Academy of Sciences to ensure program efficiency, 
        effectiveness, and sharing of research findings.''.

SEC. 3. MULTIMODAL INNOVATIVE RESEARCH PROGRAM.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5507. Multimodal Innovative Research Program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a Multimodal Innovative Research Program (referred to in this 
section as the `Program') in the Research and Innovative Technology 
Administration.
    ``(b) Purpose.--The Program shall support--
            ``(1) national transportation policy, objectives, and goals 
        by applying state-of-the-art advanced technology solutions to 
        multimodal transportation issues; and
            ``(2) key partnerships throughout the Department of 
        Transportation and with other Federal agencies to fully 
        leverage their investments in transportation research and 
        technology developments to address transportation problems at 
        modal interfaces or affecting more than 1 transportation mode.
    ``(c) Content.--The Program shall--
            ``(1) address issues affecting--
                    ``(A) policy;
                    ``(B) cross-modal concerns, such as efficient and 
                intermodal goods and passenger movements;
                    ``(C) the development of advanced vehicle 
                technologies;
                    ``(D) the application of existing technologies; and
                    ``(E) the integration of multimodal real-time 
                transportation information systems;
            ``(2) competitively award contracts or cooperative 
        agreements for advanced multimodal transportation research to 
        facilitate practical innovative approaches to solve 
        transportation problems related to attaining--
                    ``(A) the strategic goals of the Department of 
                Transportation; and
                    ``(B) multimodal elements of the Transportation 
                Research and Development Strategic Plan required under 
                section 508 of title 23;
            ``(3) demonstrate transportation system applications of 
        advanced transportation technologies, methodologies, policies, 
        and decisions;
            ``(4) disseminate best practices in planning, operations, 
        design, and maintenance of transportation and related systems; 
        and
            ``(5) provide technology identification, modification, and 
        dissemination through outreach to other Federal agencies, State 
        and local transportation agencies, and other public, private, 
        and academic stakeholders in the industry.
    ``(d) Coordination.--The Secretary of Transportation shall 
coordinate activities under this section with other Federal agencies, 
as appropriate.
    ``(e) Funding.--
            ``(1) In general.--Of the amounts appropriated pursuant to 
        section 11 of the Research and Innovative Technology 
        Administration Reauthorization Act of 2011, $20,000,000 shall 
        be made available for each of the fiscal year 2012 and 2013 to 
        establish and maintain the Multimodal Innovative Research 
        Program.
            ``(2) Management and oversight.--During each of the fiscal 
        years 2012 and 2013, the Secretary of Transportation may not 
        expend more than 1.5 percent of the amounts made available 
        under paragraph (1) to carry out management and oversight of 
        the Multimodal Innovative Research Program.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 55 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 5506 the following:

``5507. Multimodal Innovative Research Program.''.

SEC. 4. BUREAU OF TRANSPORTATION STATISTICS.

    (a) In General.--Subtitle III of title 49, United States Code, is 
amended by adding at the end the following:

           ``CHAPTER 63--BUREAU OF 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.

          ``SUBCHAPTER I--BUREAU OF TRANSPORTATION STATISTICS

``Sec. 6301. Establishment
    ``There is established, in the Research and Innovative Technology 
Administration, a Bureau of Transportation Statistics (referred to in 
this subchapter as the `Bureau').
``Sec. 6302. Director
    ``(a) Appointment.--The Bureau shall be headed by a Director, who 
shall be appointed in the competitive service by the Secretary of 
Transportation.
    ``(b) Qualifications.--The Director shall be appointed from among 
individuals who are qualified to serve as the Director by virtue of 
their training and experience in the collection, analysis, and use of 
transportation statistics.
``Sec. 6303. Responsibilities
    ``(a) Duties of the Director.--The Director, who shall serve as the 
Secretary of Transportation's senior advisor on data and statistics, 
shall be responsible for carrying out the following duties:
            ``(1) Ensuring that the statistics compiled under paragraph 
        (6) are designed to support transportation decisionmaking by 
        the Federal Government, State and local governments, 
        metropolitan planning organizations, transportation-related 
        associations, the private sector (including the freight 
        community), and the public.
            ``(2) Establishing a program, on behalf of the Secretary--
                    ``(A) to effectively integrate safety data across 
                modes; and
                    ``(B) to address gaps in existing safety data 
                programs of the Department of Transportation.
            ``(3) Working with the operating administrations of the 
        Department of Transportation--
                    ``(A) to establish and implement the Bureau's data 
                programs; and
                    ``(B) to improve the coordination of information 
                collection efforts with other Federal agencies.
            ``(4) Continually improving surveys and data collection 
        methods to improve the accuracy and utility of transportation 
        statistics.
            ``(5) Encouraging the standardization of data, data 
        collection methods, and data management and storage 
        technologies for data collected by the Bureau, the operating 
        administrations of the Department of Transportation, States, 
        local governments, metropolitan planning organizations, and 
        private sector entities.
            ``(6) Collecting, compiling, analyzing, and publishing a 
        comprehensive set of transportation statistics on the 
        performance and impacts of the national transportation system, 
        including statistics on--
                    ``(A) transportation safety across all modes and 
                intermodally;
                    ``(B) the state of good repair of United States 
                transportation infrastructure.
                    ``(C) the extent, connectivity, and condition of 
                the transportation system, building on the national 
                transportation atlas database developed under section 
                6312;
                    ``(D) economic efficiency throughout the entire 
                transportation sector;
                    ``(E) the effects of the transportation system on 
                global and domestic economic competitiveness;
                    ``(F) demographic, economic, and other variables 
                influencing travel behavior, including choice of 
                transportation mode and goods movement;
                    ``(G) transportation-related variables that 
                influence the domestic economy and global 
                competitiveness;
                    ``(H) the economic costs and impacts for passenger 
                travel and freight movement;
                    ``(I) intermodal and multimodal passenger movement;
                    ``(J) intermodal and multimodal freight movement; 
                and
                    ``(K) the consequences of transportation for the 
                human and natural environment, sustainable 
                transportation, and livable communities.
            ``(7) Building and disseminating the transportation layer 
        of the National Spatial Data Infrastructure developed under 
        Executive Order 12906, including--
                    ``(A) coordinating the development of 
                transportation geospatial data standards;
                    ``(B) compiling intermodal geospatial data; and
                    ``(C) collecting geospatial data that is not being 
                collected by others.
            ``(8) Issuing guidelines for the collection of information 
        by the Department of Transportation that is required for 
        transportation statistics, modeling, economic assessment, and 
        program assessment in order to ensure that such information is 
        accurate, reliable, relevant, uniform and in a form that 
        permits systematic analysis by the Department.
            ``(9) Reviewing and reporting to the Secretary of 
        Transportation on the sources and reliability of--
                    ``(A) the statistics proposed by the heads of the 
                operating administrations of the Department of 
                Transportation to measure outputs and outcomes, as 
                required by the Government Performance and Results Act 
                of 1993 (Public Law 103-62; 107 Stat. 285); and
                    ``(B) other data collected or statistical 
                information published by the heads of the operating 
                administrations of the Department.
            ``(10) Making the statistics published under this 
        subsection readily accessible to the public, consistent with 
        applicable security constraints and confidentiality interests.
    ``(b) Access to Federal Data.--In carrying out subsection (a)(2), 
the Director shall be provided access to--
            ``(1) all safety data held by any agency of the Department; 
        and
            ``(2) all safety data held by any other Federal Government 
        agency that is germane to carrying out subsection (a), upon 
        written request and subject to any statutory or regulatory 
        restrictions.
    ``(c) Intermodal Transportation Database.--
            ``(1) In general.--In consultation with the Under Secretary 
        for Policy, the Assistant Secretaries, and the heads of the 
        operating administrations of the Department of Transportation, 
        the Director shall establish and maintain a transportation 
        database for all modes of transportation.
            ``(2) Use of database.--The database established under this 
        subsection shall be suitable for analyses carried out by the 
        Federal Government, the States, and metropolitan planning 
        organizations.
            ``(3) Contents.--The database established under this 
        section shall include--
                    ``(A) information on the volumes and patterns of 
                movement, including local, interregional, and 
                international movement--
                            ``(i) of goods by all modes of 
                        transportation and intermodal combinations, and 
                        by relevant classification; and
                            ``(ii) of people by all modes of 
                        transportation (including bicycle and 
                        pedestrian modes) and intermodal combinations, 
                        and by relevant classification;
                    ``(B) information on the location and connectivity 
                of transportation facilities and services; and
                    ``(C) a national accounting of expenditures and 
                capital stocks on each mode of transportation and 
                intermodal combination.
``Sec. 6304. National Transportation Library
    ``(a) Purpose and Establishment.--There is established, in the 
Bureau, a National Transportation Library (referred to in this section 
as the `Library'), which shall--
            ``(1) support the information management and decisionmaking 
        needs of transportation at Federal, State, and local levels;
            ``(2) be headed by an individual who is highly qualified in 
        library and information science;
            ``(3) acquire, preserve, and manage transportation 
        information and information products and services for use of 
        the Department of Transportation, other Federal agencies, and 
        the general public;
            ``(4) provide reference and research assistance;
            ``(5) serve as a central depository for research results 
        and technical publications of the Department of Transportation;
            ``(6) provide a central clearinghouse for transportation 
        data and information in the Federal Government;
            ``(7) serve as coordinator and policy lead for 
        transportation information access;
            ``(8) provide transportation information and information 
        products and services to the Department of Transportation, 
        other agencies of the Federal Government, public and private 
        organizations, and individuals, within the United States and 
        internationally;
            ``(9) coordinate efforts among, and cooperate with, 
        transportation libraries, information providers, and technical 
        assistance centers, in conjunction with private industry and 
        other transportation library and information centers, toward 
        the development of a comprehensive transportation information 
        and knowledge network supporting activities described in 
        subparagraphs (A) through (K) of section 6303(a)(6); and
            ``(10) engage in such other activities as the Director 
        determines appropriate and as the Library's resources permit.
    ``(b) Access.--The Director shall publicize, facilitate, and 
promote access to the information products and services described in 
subsection (a) to improve--
            ``(1) the ability of the transportation community to share 
        information; and
            ``(2) the ability of the Director to make statistics and 
        other information readily accessible under section 6303(a)(10).
    ``(c) Agreements.--
            ``(1) In general.--The Director may enter into agreements 
        with, award grants to, and receive funds from any State and 
        other political subdivision, organization, business, or 
        individual for the purpose of conducting activities under this 
        section.
            ``(2) Contracts, grants, and agreements.--The Library may 
        initiate and support specific information and data management, 
        access, and exchange activities in connection with matters 
        relating to Department of Transportation's strategic goals, 
        knowledge networking, and national and international 
        cooperation by entering into contracts or awarding grants for 
        the conduct of such activities.
            ``(3) Funds.--Amounts received under this subsection for 
        payments for library products and services or other activities 
        shall--
                    ``(A) be deposited in the Research and Innovative 
                Technology Administration's general fund account; and
                    ``(B) remain available to the Library until 
                expended.
``Sec. 6305. Advisory Council on Transportation Statistics
    ``(a) In General.--The Director shall maintain an Advisory Council 
on Transportation Statistics (referred to in this section as the 
`Advisory Council').
    ``(b) Function.--The Advisory Council shall advise the Director 
on--
            ``(1) the quality, reliability, consistency, objectivity, 
        and relevance of transportation statistics and analyses 
        collected, supported, or disseminated by the Bureau and the 
        Department of Transportation; and
            ``(2) methods to encourage cooperation and interoperability 
        of transportation data collected by the Bureau, the operating 
        administrations of the Department, States, local governments, 
        metropolitan planning organizations, and private sector 
        entities.
    ``(c) Membership.--
            ``(1) In general.--The Advisory Council shall be composed 
        of not fewer than 9 members and not more than 11 members, who 
        shall be appointed by the Director.
            ``(2) Selection.--In selecting members for the Advisory 
        Council, the Director shall appoint individuals who--
                    ``(A) are not officers or employees of the United 
                States;
                    ``(B) possess expertise in--
                            ``(i) transportation data collection, 
                        analysis, or application;
                            ``(ii) economics; or
                            ``(iii) transportation safety; and
                    ``(C) represent a cross section of transportation 
                stakeholders, to the greatest extent possible.
            ``(3) Terms of appointment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Council--
                            ``(i) shall be appointed to staggered terms 
                        not to exceed 3 years; and
                            ``(ii) may be renominated for 1 additional 
                        3-year term.
                    ``(B) Current members.--Members serving on the 
                Advisory Council as of the date of the enactment of the 
                Research and Innovative Technology Administration 
                Reauthorization Act of 2011 shall serve until the end 
                of their appointed terms.
    ``(d) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (except for section 14 of such Act) shall apply 
to the Advisory Council.
``Sec. 6306. Transportation statistical collection, analysis, and 
              dissemination
    ``To ensure that all transportation statistical collection, 
analysis, and dissemination is carried out in a coordinated manner, the 
Director may--
            ``(1) utilize, with their consent, the services, equipment, 
        records, personnel, information, and facilities of other 
        Federal, State, local, and private agencies and 
        instrumentalities with or without reimbursement for such 
        utilization;
            ``(2) enter into agreements with agencies and 
        instrumentalities referred to in paragraph (1) for purposes of 
        data collection and analysis;
            ``(3) confer and cooperate with foreign governments, 
        international organizations, States, municipalities, and other 
        local agencies;
            ``(4) request such information, data, and reports from any 
        Federal agency as may be required to carry out the purposes of 
        this section;
            ``(5) encourage replication, coordination, and sharing 
        among transportation agencies regarding information systems, 
        information policy, and data; and
            ``(6) confer and cooperate with Federal statistical 
        agencies as needed to carry out the purposes of this section, 
        including by entering into cooperative data sharing agreements 
        in conformity with all laws and regulations applicable to the 
        disclosure and use of data.
``Sec. 6307. Furnishing information, data, or reports by Federal 
              agencies
    ``Federal agencies requested to furnish information, data, or 
reports under section 6303(b) shall provide such information to the 
Bureau as is required to carry out the purposes of this section.
``Sec. 6308. Prohibition on certain disclosures
    ``(a) In General.--An officer, employee, or contractor of the 
Bureau may not--
            ``(1) make any disclosure in which the data provided by an 
        individual or organization under section 6303 can be 
        identified;
            ``(2) use the information provided under section 6303 for a 
        nonstatistical purpose; or
            ``(3) permit anyone other than an individual authorized by 
        the Director to examine any individual report provided under 
        section 6303.
    ``(b) Copies of Reports.--
            ``(1) In general.--A department, bureau, agency, officer, 
        or employee of the United States (except the Director in 
        carrying out this section) may not require, for any reason, a 
        copy of any report that has been filed under section 6303 with 
        the Bureau or retained by an individual respondent.
            ``(2) Limitation on judicial proceedings.--A copy of a 
        report described in paragraph (1) that has been retained by an 
        individual respondent or filed with the Bureau or any of its 
        employees, contractors, or agents--
                    ``(A) shall be immune from legal process; and
                    ``(B) may not, without the consent of the 
                individual concerned, be admitted as evidence or used 
                for any purpose in any action, suit, or other judicial 
                or administrative proceedings.
            ``(3) Applicability.--This subsection shall only apply to 
        reports that permit information concerning an individual or 
        organization to be reasonably determined by direct or indirect 
        means.
    ``(c) Informing Respondent of Use of Data.--If the Bureau is 
authorized by statute to collect data or information for a 
nonstatistical purpose, the Director shall clearly distinguish the 
collection of such data or information, by rule and on the collection 
instrument, to inform a respondent who is requested or required to 
supply the data or information of the nonstatistical purpose.
``Sec. 6309. Data access
    ``The Director shall be provided access to transportation and 
transportation-related information in the possession of any Federal 
agency, except--
            ``(1) information that is expressly prohibited by law from 
        being disclosed to another Federal agency; or
            ``(2) information that the agency possessing the 
        information determines could not be disclosed without 
        significantly impairing the discharge of authorities and 
        responsibilities which have been delegated to, or vested by 
        law, in such agency.
``Sec. 6310. Proceeds of data product sales
    ``Notwithstanding section 3302 of title 31, amounts received by the 
Bureau from the sale of data products, for necessary expenses incurred, 
may be credited to the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for such expenses.
``Sec. 6311. Information collection
    ``As the head of an independent Federal statistical agency, the 
Director may consult directly with the Office of Management and Budget 
concerning any survey, questionnaire, or interview that the Director 
considers necessary to carry out the statistical responsibilities under 
this subchapter.
``Sec. 6312. National transportation atlas database
    ``(a) In General.--The Director shall develop and maintain a 
national transportation atlas database that is comprised of geospatial 
databases that depict--
            ``(1) transportation networks;
            ``(2) flows of people, goods, vehicles, and craft over the 
        networks; and
            ``(3) social, economic, and environmental conditions that 
        affect, or are affected by, the networks.
    ``(b) Intermodal Network Analysis.--The databases developed under 
subsection (a) shall be capable of supporting intermodal network 
analysis.
``Sec. 6313. Limitations on statutory construction
    ``Nothing in this subchapter may be construed--
            ``(1) to authorize the Bureau to require any other 
        department or agency to collect data; or
            ``(2) to reduce the authority of any other officer of the 
        Department to independently collect and disseminate data.
``Sec. 6314. Research and development grants
    ``The Secretary may award grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private entities 
(including State transportation departments, metropolitan planning 
organizations, and institutions of higher education) for--
            ``(1) investigation of the subjects specified in section 
        6303 and research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
            ``(2) demonstration programs by States, local governments, 
        and metropolitan planning organizations to coordinate data 
        collection, reporting, management, storage, and archiving to 
        simplify data comparisons across jurisdictions;
            ``(3) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        National Transportation Library under section 6304; and
            ``(4) development and improvement of methods for sharing 
        geographic data, in support of the database under section 6303 
        and the National Spatial Data Infrastructure.
``Sec. 6315. Transportation statistics annual report
    ``The Director shall submit to the President and Congress a 
transportation statistics annual report, which shall include--
            ``(1) information on items referred to in section 
        6303(a)(6);
            ``(2) documentation of methods used to obtain and ensure 
        the quality of the statistics presented in the report; and
            ``(3) recommendations for improving transportation 
        statistical information.
``Sec. 6316. Mandatory response authority for data collections
    ``Any individual who, as the owner, official, agent, person in 
charge, or assistant to the person in charge of any corporation, 
company, business, institution, establishment, organization of any 
nature or the member of a household, neglects or refuses, after 
requested by the Director or other authorized officer, employee, or 
contractor of the Bureau, to answer completely and correctly to the 
best of the individual's knowledge all questions relating to the 
corporation, company, business, institution, establishment, or other 
organization or household, or to make available records or statistics 
in the individual's official custody, contained in a data collection 
request prepared and submitted under section 6303(a)--
            ``(1) shall be fined not more than $500, except as provided 
        under paragraph (2); and
            ``(2) if the individual willfully gives a false answer to 
        such a question, shall be fined not more than $10,000.''.
    (b) Rules of Construction.--In transferring the provisions under 
section 111 of title 49, United States Code, to chapter 63 of title 49, 
as added by subsection (a), the following rules of construction shall 
apply:
            (1) For purposes of determining whether 1 provision of law 
        supersedes another based on enactment later in time, a 
        provision under chapter 63 of title 49, United States Code, is 
        deemed to have been enacted on the date of the enactment of the 
        corresponding provision under section 111 of such title.
            (2) A reference to a provision under such chapter 65 is 
        deemed to refer to the corresponding provision under such 
        section 111.
            (3) A reference to a provision under such section 111, 
        including a reference in a regulation, order, or other law, is 
        deemed to refer to the corresponding provision under such 
        chapter 65.
            (4) A regulation, order, or other administrative action 
        authorized by a provision under such section 111 continues to 
        be authorized by the corresponding provision under such chapter 
        65.
            (5) An action taken or an offense committed under a 
        provision of section 111 is deemed to have been taken or 
        committed under the corresponding provision of chapter 65.
    (c) Conforming Amendments.--
            (1) Repeal.--Chapter 1 of title 49, United States Code, is 
        amended--
                    (A) by repealing section 111; and
                    (B) by striking the item relating to section 111 in 
                the chapter analysis.
            (2) Analysis of subtitle iii.--The table of chapters for 
        subtitle III of title 49, United States Code, is amended by 
        inserting after the item for chapter 61 the following:
        ``63. Bureau of Transportation Statistics . . . . . . . . . . . 
        . . . . . . . . . . . . 6301''.

SEC. 5. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE 
              COMMUNICATIONS SYSTEMS DEPLOYMENT.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, as amended by section 3, is further amended by adding at 
the end the following:
``Sec. 5508. GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment
    ``(a) In General.--Not later than 3 years after the date of the 
enactment of this section, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Energy and Commerce of the House 
of Representatives that--
            ``(1) defines a recommended implementation path for 
        Dedicated Short Range Communications (DSRC) technology and 
        applications; and
            ``(2) includes guidance concerning the relationship of the 
        proposed DSRC deployment to Intelligent Transportation System 
        National Architecture and Standards.
    ``(b) Report Review.--The Secretary shall enter into an agreement 
for the review of the report submitted under subsection (a) by an 
independent third party with subject matter expertise.''.
    (b) Conforming Amendment.--The analysis of chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5507, as added by section 3, the following:

``5508. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
                            communications systems deployment.''.

SEC. 6. ADMINISTRATIVE AUTHORITY.

    Section 112 of title 49, United States Code, is amended by 
inserting after subsection (e) the following:
    ``(f) Program Evaluation and Oversight.--The Administrator is 
authorized to expend not more than 1.5 percent of the amounts 
authorized to be appropriated for each of the fiscal years 2012 and 
2013, for necessary expenses for administration and operations of the 
Research and Innovative Technology Administration for the coordination, 
evaluation, and oversight of the programs administered by the 
Administration.
    ``(g) Collaborative Research and Development.--
            ``(1) In general.--To encourage innovative solutions to 
        multimodal transportation problems and stimulate the deployment 
        of new technology, the Administrator may carry out, on a cost-
        shared basis, collaborative research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                sole proprietorships, and trade associations that are 
                incorporated or established under the laws of any 
                State;
                    ``(B) Federal laboratories; and
                    ``(C) other Federal agencies.
            ``(2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the Administrator 
        may directly initiate contracts, grants, other transactions, 
        and cooperative research and development agreements (as defined 
        in section 12 of the Stevenson-Wydler Technology Innovation Act 
        of 1980 (15 U.S.C. 3710a)) to fund, and accept funds from, the 
        Transportation Research Board of the National Research Council 
        of the National Academy of Sciences, State departments of 
        transportation, cities, counties, universities, associations, 
        and the agents of such entities to conduct joint transportation 
        research and technology efforts.
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                activities carried out under a cooperative research and 
                development agreement entered into under this 
                subsection may not exceed 50 percent unless the 
                Secretary approves a greater Federal share due to 
                substantial public interest or benefit.
                    ``(B) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, facility, and hardware development 
                costs, shall be credited toward the non-Federal share 
                of the cost of the activities described in subparagraph 
                (A).
            ``(4) Use of technology.--The research, development, or use 
        of a technology under a cooperative research and development 
        agreement entered into under this subsection, including the 
        terms under which the technology may be licensed and the 
        resulting royalties may be distributed, shall be subject to the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).
            ``(5) Waiver of advertising requirements.--Section 3709 of 
        the Revised Statutes (41 U.S.C. 5) shall not apply to a 
        contract, grant, or other agreement entered into under this 
        chapter.''.

SEC. 7. PRIZE AUTHORITY.

    (a) In General.--Chapter 3 of title 49, United States Code, is 
amended by inserting before section 336 the following:

``SEC. 335. PRIZE AUTHORITY.

    ``(a) In General.--The Secretary of Transportation may carry out a 
program, in accordance with this section, to competitively award cash 
prizes to stimulate innovation in basic and applied research, 
technology development, and prototype demonstration that have the 
potential for application to the national transportation system.
    ``(b) Topics.--In selecting topics for prize competitions under 
this section, the Secretary shall--
            ``(1) consult with a wide variety of Government and 
        nongovernment representatives; and
            ``(2) give consideration to prize goals that demonstrate 
        innovative approaches and strategies to improve the safety, 
        efficiency, and sustainability of the national transportation 
        system.
    ``(c) Advertising.--The Secretary shall encourage participation in 
the prize competitions through extensive advertising.
    ``(d) Requirements and Registration.--For each prize competition, 
the Secretary shall publish a notice on a public website that 
describes--
            ``(1) the subject of the competition;
            ``(2) the eligibility rules for participation in the 
        competition;
            ``(3) the amount of the prize; and
            ``(4) the basis on which a winner will be selected.
    ``(e) Eligibility.--An individual or entity may not receive a prize 
under this section unless the individual or entity--
            ``(1) has registered to participate in the competition 
        pursuant to any rules promulgated by the Secretary under this 
        section;
            ``(2) has complied with all the requirements under this 
        section;
            ``(3)(A) in the case of a private entity, is incorporated 
        in, and maintains a primary place of business in, the United 
        States; or
            ``(B) in the case of an individual, whether participating 
        singly or in a group, is a citizen or permanent resident of the 
        United States; and
            ``(4) is not a Federal entity or Federal employee acting 
        within the scope of his or her employment.
    ``(f) Liability.--
            ``(1) Assumption of risk.--
                    ``(A) In general.--A registered participant shall 
                agree to assume any and all risks and waive claims 
                against the Federal Government and its related 
                entities, except in the case of willful misconduct, for 
                any injury, death, damage, or loss of property, 
                revenue, or profits, whether direct, indirect, or 
                consequential, arising from participation in a 
                competition, whether such injury, death, damage, or 
                loss arises through negligence or otherwise.
                    ``(B) Related entity.--In this paragraph, the term 
                `related entity' means a contractor, subcontractor (at 
                any tier), supplier, user, customer, cooperating party, 
                grantee, investigator, or detailee.
            ``(2) Financial responsibility.--A participant shall obtain 
        liability insurance or demonstrate financial responsibility, in 
        amounts determined by the Secretary, for claims by--
                    ``(A) a third party for death, bodily injury, or 
                property damage, or loss resulting from an activity 
                carried out in connection with participation in a 
                competition, with the Federal Government named as an 
                additional insured under the registered participant's 
                insurance policy and registered participants agreeing 
                to indemnify the Federal Government against third party 
                claims for damages arising from or related to 
                competition activities; and
                    ``(B) the Federal Government for damage or loss to 
                Government property resulting from such an activity.
    ``(g) Judges.--
            ``(1) Selection.--For each prize competition, the 
        Secretary, either directly or through an agreement under 
        subsection (h), shall assemble a panel of qualified judges to 
        select the winner or winners of the prize competition on the 
        basis described in subsection (d). Judges for each competition 
        shall include individuals from outside the Administration, 
        including the private sector.
            ``(2) Limitations.--A judge selected under this subsection 
        may not--
                    ``(A) have personal or financial interests in, or 
                be an employee, officer, director, or agent of, any 
                entity that is a registered participant in a prize 
                competition under this section; or
                    ``(B) have a familial or financial relationship 
                with an individual who is a registered participant.
    ``(h) Administering the Competition.--The Secretary may enter into 
an agreement with a private, nonprofit entity to administer the prize 
competition, subject to the provisions of this section.
    ``(i) Funding.--
            ``(1) Private sector funding.--A cash prize under this 
        section may consist of funds appropriated by the Federal 
        Government and funds provided by the private sector. The 
        Secretary may accept funds from other Federal agencies, State 
        and local governments, and metropolitan planning organizations 
        for the cash prizes. The Secretary may not give any special 
        consideration to any private sector entity in return for a 
        donation under this paragraph.
            ``(2) Availability of funds.--Notwithstanding any other 
        provision of law, amounts appropriated for prize awards under 
        this section--
                    ``(A) shall remain available until expended; and
                    ``(B) may not be transferred, reprogrammed, or 
                expended for other purposes until after the expiration 
                of the 10-year period beginning on the last day of the 
                fiscal year for which the funds were originally 
                appropriated.
            ``(3) Savings provision.--Nothing in this subsection may be 
        construed to permit the obligation or payment of funds in 
        violation of the Anti-Deficiency Act (31 U.S.C. 1341).
            ``(4) Prize announcement.--A prize may not be announced 
        under this section until all the funds needed to pay out the 
        announced amount of the prize have been appropriated or 
        committed in writing by a private source.
            ``(5) Prize increases.--The Secretary may increase the 
        amount of a prize after the initial announcement of the prize 
        under this section if--
                    ``(A) notice of the increase is provided in the 
                same manner as the initial notice of the prize; and
                    ``(B) the funds needed to pay out the announced 
                amount of the increase have been appropriated or 
                committed in writing by a private source.
            ``(6) Congressional notification.--A prize competition 
        under this section may offer a prize in an amount greater than 
        $1,000,000 only after 30 days have elapsed after written notice 
        has been transmitted to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology of the House of Representatives.
            ``(7) Award limit.--A prize competition under this section 
        may not result in the award of more than $25,000 in cash prizes 
        without the approval of the Secretary.
    ``(j) Use of Department Name and Insignia.--A registered 
participant in a prize competition under this section may use the 
Department's name, initials, or insignia only after prior review and 
written approval by the Secretary.
    ``(k) Compliance With Existing Law.--The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be 
responsible for compliance by registered participants in a prize 
competition with Federal law, including licensing, export control, and 
non-proliferation laws, and related regulations.''.
    (b) Conforming Amendment.--The analysis of chapter 3 of title 49, 
United States Code, is amended by inserting before the item relating to 
section 336 the following:

``335. Prize authority.''.

SEC. 8. TRANSPORTATION RESEARCH AND DEVELOPMENT.

    Section 508(a) of title 23, United States Code, is amended--
            (1) in paragraph (1), by striking ``SAFETEA-LU'' and 
        inserting ``Research and Innovative Technology Administration 
        Reauthorization Act of 2011''; and
            (2) by amending paragraph (2)(A) to read as follows:
                    ``(A) describe the primary purposes of the 
                transportation research and development program, which 
                shall include--
                            ``(i) promoting safety;
                            ``(ii) reducing congestion and improving 
                        mobility;
                            ``(iii) promoting security;
                            ``(iv) protecting and enhancing the 
                        environment;
                            ``(v) preserving the existing 
                        transportation system; and
                            ``(vi) improving transportation 
                        infrastructure, in coordination with Department 
                        of Transportation strategic goals and planning 
                        efforts;''.

SEC. 9. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION SYSTEMS ACTIVITIES.

    Section 513 of title 23, United States Code, is amended to read as 
follows:
``Sec. 513. Use of funds for ITS activities
    ``(a) In General.--The Secretary may use not more than $500,000 of 
the amounts made available to the Department for each fiscal year to 
carry out the Intelligent Transportation Systems Program (referred to 
in this section as `ITS') on intelligent transportation system 
outreach, websites, public relations, displays, tours, and brochures.
    ``(b) Purpose.--Amounts authorized for use under subsection (a) are 
intended to develop, administer, communicate, and promote the use of 
products of research, technology, and technology transfer programs 
under this section.
    ``(c) ITS Deployment Incentives.--
            ``(1) In general.--The Secretary may develop and implement 
        incentives to accelerate the deployment of ITS technologies and 
        services within all programs receiving amounts appropriated 
        pursuant to section 11 of the Research and Innovative 
        Technology Administration Reauthorization Act of 2011.
            ``(2) Comprehensive plan.--The Secretary shall develop a 
        detailed and comprehensive plan to carry out this subsection 
        that addresses how incentives may be adopted, as appropriate, 
        through the existing deployment activities carried out by 
        surface transportation modal administrations.''.

SEC. 10. NATIONAL TRAVEL DATA PROGRAM.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, as amended by sections 3 and 5, is further amended by 
adding at the end the following:
``Sec. 5509. National Travel Data Program
    ``(a) Establishment.--Not later than 18 months after the date of 
the enactment of the Research and Innovative Technology Administration 
Reauthorization Act of 2011, the Secretary of Transportation shall 
establish the National Travel Data Program (referred to in this section 
as the ``Program'') to collect essential national passenger and freight 
travel data to help guide transportation operations, policy, and 
investment decisions for Federal, State, and local governments and the 
private sector.
    ``(b) Program Elements.--In carrying out the Program, the Secretary 
shall--
            ``(1) collect data and make such data available to support 
        transportation operations, policy, and investment decisions, 
        including data on system performance, safety, international 
        competitiveness, energy efficiency, and changes in 
        demographics;
            ``(2) improve the quality of the data collected under the 
        Program, including identifying and addressing current gaps in 
        passenger and freight travel data collection, such as the 
        sample sizes and frequency of transportation surveys including 
        the Commodity Flow Survey, the National Household Travel 
        Survey, and the Transportation Services Index; and
            ``(3) consult with State and local governments, private 
        sector data providers, and professional and nonprofit 
        associations to improve the integration, management, and 
        implementation of data collected under the Program.
    ``(c) Advisory Council on Transportation Statistics.--
            ``(1) Establishment.--In carrying out the Program, the 
        Secretary shall seek recommendations from the Advisory Council 
        on Transportation Statistics, established under section 6305 
        on--
                    ``(A) the design and implementation of the Program;
                    ``(B) emerging transportation-related data needs 
                relevant to the Program; and
                    ``(C) other matters the Secretary determines to be 
                appropriate.
    ``(d) Reports to Congress.--
            ``(1) 5-year plan.--Not later than 1 year after the date of 
        the enactment of the Research and Innovative Technology 
        Administration Reauthorization Act of 2011, the Secretary shall 
        submit, to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, a 5-year plan for implementing the National 
        Travel Data Program that includes benchmarks and goals.
            ``(2) Biennial report.--Upon the establishment of the 
        National Travel Data Program, and every 2 years thereafter, the 
        Secretary shall submit a report on the activities of the 
        Program to the congressional committees set forth in paragraph 
        (1).
    ``(e) Funding.--Of the amounts made available under section 11 of 
the Research and Innovative Technology Administration Reauthorization 
Act of 2011, $8,000,000 shall be available for each of the fiscal years 
2012 and 2013 to establish and maintain the Program.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 55 of 
title 49, United States Code, as amended by sections 3 and 5, is 
further amended by inserting after the item relating to section 5508 
the following:

``5509. National Travel Data Program.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account), under the 
conditions set forth in subsection (b)--
            (1) $55,297,000 for fiscal year 2012; and
            (2) $55,597,000 for fiscal year 2013.
    (b) Applicability of Title 23, United States Code.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts appropriated pursuant to subsection (a) shall be 
        available for obligation in the same manner as if such funds 
        were apportioned under chapter 1 of title 23, United States 
        Code.
            (2) Federal share.--The Federal share of the cost of a 
        project or activity carried out with amounts appropriated 
        pursuant to subsection (a) shall be 50 percent unless another 
        percentage is--
                    (A) expressly provided under this Act or the 
                amendments made by this Act; or
                    (B) determined by the Secretary.
            (3) Availability; transferability.--Amounts appropriated 
        pursuant to subsection (a) shall remain available until 
        expended and shall not be transferable.
                                                       Calendar No. 541

112th CONGRESS

  2d Session

                                S. 1953

                          [Report No. 112-236]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 13, 2012

                       Reported without amendment
```