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paragraph for deployment of an intel-
ligent 
transportation 
infrastructure
system for a metropolitan area.
‘‘(II) 
FUNDING
UNDER
EACH
PART.—A metropolitan area in which
an intelligent transportation infra-
structure system is deployed under
part I or part II of the program under
subparagraph (C) or (D), respectively,
including through a supplementation
of funds under subparagraph (E), may
not receive any additional deployment
under the other part of the program.
‘‘(G) USE OF RIGHTS-OF-WAY.—
‘‘(i) 
IN
GENERAL.—An 
intelligent
transportation system project described in
this paragraph or paragraph (6) that in-
volves privately-owned intelligent transpor-
tation system components and is carried
out using funds made available from the
Highway Trust Fund shall not be subject to
any law (including a regulation) of a State
or political subdivision of a State prohib-
iting or regulating commercial activities in
the rights-of-way of a highway for which
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Federal-aid highway funds have been used
for planning, design, construction, or main-
tenance for the project, if the Secretary de-
termines that such use is in the public in-
terest.
‘‘(ii) EFFECT
OF
SUBPARAGRAPH.—
Nothing in this subparagraph affects the
authority of a State or political subdivision
of a State—
‘‘(I) to regulate highway safety; or
‘‘(II) under sections 253 and
332(c)(7) of the Communications Act
of 1934 (47 U.S.C. 253, 332(c)(7)).
‘‘(H) FUNDING.—
‘‘(i) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appro-
priated out of the Highway Trust Fund
(other than the Mass Transit Account) to
carry out subparagraph (D) $4,465,409 for
each fiscal year.
‘‘(ii) ADDITIONAL AMOUNTS.—In addi-
tion to the amounts authorized to be appro-
priated under this subparagraph, funds
made available under title II of the Safe,
Affordable, Flexible, and Efficient Trans-
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portation Equity Act of 2005, and titles 23
and 49, United States Code, for projects
and activities the objectives of which are
consistent with the objectives described in
subparagraph (B)(ii), may be used to carry
out part II of the program under subpara-
graph (D).
‘‘(iii) AVAILABILITY; NO
REDUCTION
OR SETASIDE.—Amounts made available by
this subparagraph—
‘‘(I) shall remain available until
expended; and
‘‘(II) shall not be subject to any
reduction or setaside.
‘‘(iv) NO EFFECT ON PREVIOUSLY COM-
MITTED
FUNDS.—Nothing in this para-
graph affects any funds committed under
the original contract before the date of en-
actment of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of
2005.
‘‘(v) CONTRACT
AUTHORITY.—Except
as provided in subparagraph (F)(i), funds
authorized to be appropriated under this
subparagraph shall be available for obliga-
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tion in the same manner as if the funds
were apportioned under chapter 1 of title
23, United States Code.’’.
Subtitle C—Intelligent
Transportation System Research
SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RE-
SEARCH AND TECHNICAL ASSISTANCE PRO-
GRAM.
(a) IN GENERAL.—Chapter 5 of title 23, United States
Code (as amended by section 2101), is amended by adding
at the end the following:
‘‘SUBCHAPTER 
II—INTELLIGENT 
TRANSPOR-
TATION SYSTEM RESEARCH AND TECHNICAL
ASSISTANCE PROGRAM
‘‘§ 521. Finding
‘‘Congress finds that continued investment in architec-
ture and standards development, research, technical assist-
ance for State and local governments, and systems integra-
tion is needed to accelerate the rate at which intelligent
transportation systems—
‘‘(1) are incorporated into the national surface
transportation network; and
‘‘(2) as a result of that incorporation, improve
transportation safety and efficiency and reduce costs
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and negative impacts on communities and the envi-
ronment.
‘‘§ 522. Goals and purposes
‘‘(a) GOALS.—The goals of the intelligent transpor-
tation system research and technical assistance program
include—
‘‘(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade—
‘‘(A) to meet a significant portion of future
transportation needs, including public access to
employment, goods, and services; and
‘‘(B) to reduce regulatory, financial, and
other transaction costs to public agencies and
system users;
‘‘(2) the acceleration of the use of intelligent
transportation systems to assist in the achievement of
national transportation safety goals, including the en-
hancement of safe operation of motor vehicles and
nonmotorized vehicles, with particular emphasis on
decreasing the number and severity of collisions;
‘‘(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
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State and local governments in achieving national en-
vironmental goals;
‘‘(4) accommodation of the needs of all users of
surface transportation systems, including—
‘‘(A) operators of commercial vehicles, pas-
senger vehicles, and motorcycles;
‘‘(B) users of public transportation users
(with respect to intelligent transportation system
user services); and
‘‘(C) individuals with disabilities; and
‘‘(5)(A) improvement of the ability of the United
States to respond to emergencies and natural disas-
ters; and
‘‘(B) enhancement of national security and de-
fense mobility.
‘‘(b) PURPOSES.—The Secretary shall carry out activi-
ties under the intelligent transportation system research
and technical assistance program to, at a minimum—
‘‘(1) assist in the development of intelligent
transportation system technologies;
‘‘(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration in
the transportation planning process;
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‘‘(3) improve regional cooperation, interoper-
ability, and operations for effective intelligent trans-
portation system performance;
‘‘(4) promote the innovative use of private re-
sources;
‘‘(5) assist State transportation departments in
developing a workforce capable of developing, oper-
ating, and maintaining intelligent transportation
systems;
‘‘(6) maintain an updated national ITS archi-
tecture and consensus-based standards while ensuring
an effective Federal presence in the formulation of do-
mestic and international ITS standards;
‘‘(7) advance commercial vehicle operations com-
ponents of intelligent transportation systems—
‘‘(A) to improve the safety and productivity
of commercial vehicles and drivers; and
‘‘(B) to reduce costs associated with com-
mercial vehicle operations and Federal and State
commercial vehicle regulatory requirements;
‘‘(8) evaluate costs and benefits of intelligent
transportation systems projects;
‘‘(9) improve, as part of the Archived Data User
Service and in cooperation with the Bureau of Trans-
portation Statistics, the collection of surface transpor-
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tation system condition and performance data
through the use of intelligent transportation system
technologies; and
‘‘(10) ensure access to transportation informa-
tion and services by travelers of all ages.
‘‘§ 523. Definitions
‘‘In this subchapter:
‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘commercial vehicle
information systems and networks’ means the infor-
mation systems and communications networks that
support commercial vehicle operations.
‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘commercial
vehicle operations’ means motor carrier oper-
ations and motor vehicle regulatory activities as-
sociated with the commercial movement of goods
(including hazardous materials) and passengers.
‘‘(B) INCLUSIONS.—The term ‘commercial
vehicle operations’, with respect to the public sec-
tor, includes—
‘‘(i) the issuance of operating creden-
tials;
‘‘(ii) the administration of motor vehi-
cle and fuel taxes; and
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‘‘(iii) roadside safety and border cross-
ing inspection and regulatory compliance
operations.
‘‘(3) 
INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘intelligent transportation in-
frastructure’ means fully integrated public sector in-
telligent transportation system components, as defined
by the Secretary.
‘‘(4) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘intelligent transportation system’ means
electronics, photonics, communications, or informa-
tion processing used singly or in combination to im-
prove the efficiency or safety of a surface transpor-
tation system.
‘‘(5) NATIONAL ITS ARCHITECTURE.—The term
‘national ITS architecture’ means the common frame-
work for interoperability adopted by the Secretary
that defines—
‘‘(A) the functions associated with intel-
ligent transportation system user services;
‘‘(B) the physical entities or subsystems
within which the functions reside;
‘‘(C) the data interfaces and information
flows between physical subsystems; and
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‘‘(D) the communications requirements as-
sociated with the information flows.
‘‘(6) STANDARD.—The term ‘standard’ means a
document that—
‘‘(A) contains technical specifications or
other precise criteria for intelligent transpor-
tation systems that are to be used consistently as
rules, guidelines, or definitions of characteristics
so as to ensure that materials, products, proc-
esses, and services are fit for their purposes; and
‘‘(B) may—
‘‘(i) support the national ITS architec-
ture; and
‘‘(ii) promote—
‘‘(I) the widespread use and adop-
tion of intelligent transportation sys-
tem technology as a component of the
surface transportation systems of the
United States; and
‘‘(II) interoperability among in-
telligent transportation system tech-
nologies implemented throughout the
States.
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‘‘§ 524. General authorities and requirements
‘‘(a) SCOPE.—Subject to this subchapter, the Secretary
shall carry out an ongoing intelligent transportation system
research program—
‘‘(1) to research, develop, and operationally test
intelligent transportation systems; and
‘‘(2) to provide technical assistance in the na-
tionwide application of those systems as a component
of the surface transportation systems of the United
States.
‘‘(b) POLICY.—Intelligent transportation system oper-
ational tests and projects funded under this subchapter shall
encourage, but not displace, public-private partnerships or
private sector investment in those tests and projects.
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE,
AND EDUCATIONAL ENTITIES.—The Secretary shall carry
out the intelligent transportation system research and tech-
nical assistance program in cooperation with—
‘‘(1) State and local governments and other pub-
lic entities;
‘‘(2) the private sector;
‘‘(3) Federal laboratories (as defined in section
501); and
‘‘(4) colleges and universities, including histori-
cally black colleges and universities and other minor-
ity institutions of higher education.
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‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In
carrying out the intelligent transportation system research
program, the Secretary, as appropriate, shall consult
with—
‘‘(1) the Secretary of Commerce;
‘‘(2) the Secretary of the Treasury;
‘‘(3) the Administrator of the Environmental
Protection Agency;
‘‘(4) the Director of the National Science Foun-
dation; and
‘‘(5) the Secretary of Homeland Security.
‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance,
training, and information to State and local governments
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services.
‘‘(f) TRANSPORTATION
PLANNING.—The Secretary
may provide funding to support adequate consideration of
transportation system management and operations (includ-
ing intelligent transportation systems) within metropolitan
and statewide transportation planning processes.
‘‘(g) INFORMATION CLEARINGHOUSE.—The Secretary
shall—
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‘‘(1) maintain a repository for technical and
safety data collected as a result of federally sponsored
projects carried out under this subchapter; and
‘‘(2) on request, make that information (except
for proprietary information and data) readily avail-
able to all users of the repository at an appropriate
cost.
‘‘(h) ADVISORY COMMITTEES.—
‘‘(1) IN GENERAL.—In carrying out this sub-
chapter, the Secretary—
‘‘(A) may use 1 or more advisory commit-
tees; and
‘‘(B) shall designate a public-private orga-
nization, the members of which participate in
on-going research, planning, standards develop-
ment, deployment, and marketing of ITS pro-
grams, products, and services, and coordinate the
development and deployment of intelligent trans-
portation systems in the United States, as the
Federal advisory committee authorized by section
5204(h) of the Transportation Equity Act for the
21st Century (112 Stat. 454).
‘‘(2) FUNDING.—Of the amount made available
to carry out this subchapter, the Secretary may use
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$1,407,943 for each fiscal year for advisory commit-
tees described in paragraph (1).
‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Any advisory committee described in
paragraph (1) shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
‘‘(i) PROCUREMENT METHODS.—The Secretary shall
develop and provide appropriate technical assistance and
guidance to assist State and local agencies in evaluating
and selecting appropriate methods of deployment and pro-
curement for intelligent transportation system projects car-
ried out using funds made available from the Highway
Trust Fund, including innovative and nontraditional meth-
ods such as Information Technology Omnibus Procurement
(as developed by the Secretary).
‘‘(j) EVALUATIONS.—
‘‘(1) GUIDELINES AND REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
issue revised guidelines and requirements for the
evaluation of operational tests and other intel-
ligent transportation system projects carried out
under this subchapter.
‘‘(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under
subparagraph (A) shall include provisions to en-
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sure the objectivity and independence of the eval-
uator so as to avoid any real or apparent con-
flict of interest or potential influence on the out-
come by—
‘‘(i) parties to any such test; or
‘‘(ii) any other formal evaluation car-
ried out under this subchapter.
‘‘(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall
establish evaluation funding levels based on the
size and scope of each test that ensure adequate
evaluation of the results of the test or project.
‘‘(2) SPECIAL RULE.—Any survey, questionnaire,
or interview that the Secretary considers necessary to
carry out the evaluation of any test or program as-
sessment activity under this subchapter shall not be
subject to chapter 35 of title 44.
‘‘§ 525. National ITS Program Plan
‘‘(a) IN GENERAL.—
‘‘(1) UPDATES.—Not later than 1 year after the
date of enactment of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2005, the
Secretary, in consultation with interested stakeholders
(including State transportation departments) shall
develop a 5-year National ITS Program Plan.
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‘‘(2) SCOPE.—The National ITS Program Plan
shall—
‘‘(A) specify the goals, objectives, and mile-
stones for the research and deployment of intel-
ligent transportation systems in the contexts of—
‘‘(i) major metropolitan areas;
‘‘(ii) smaller metropolitan and rural
areas; and
‘‘(iii) commercial vehicle operations;
‘‘(B) specify the manner in which specific
programs and projects will achieve the goals, ob-
jectives, and milestones referred to in subpara-
graph (A), including consideration of a 5-year
timeframe for the goals and objectives;
‘‘(C) identify activities that provide for the
dynamic development, testing, and necessary re-
vision of standards and protocols to promote and
ensure interoperability in the implementation of
intelligent transportation system technologies,
including actions taken to establish standards;
and
‘‘(D) establish a cooperative process with
State and local governments for—
‘‘(i) determining desired surface trans-
portation system performance levels; and
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‘‘(ii) developing plans for accelerating
the incorporation of specific intelligent
transportation system capabilities into sur-
face transportation systems.
‘‘(b) REPORTING.—The National ITS Program Plan
shall be transmitted and biennially updated as part of the
surface transportation research and technology development
strategic plan developed under section 508(c).
‘‘§ 526. National ITS architecture and standards
‘‘(a) IN GENERAL.—
‘‘(1) 
DEVELOPMENT, 
IMPLEMENTATION, 
AND
MAINTENANCE.—In accordance with section 12(d) of
the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), the
Secretary shall develop, implement, and maintain a
national ITS architecture and supporting standards
and protocols to promote the widespread use and eval-
uation of intelligent transportation system technology
as a component of the surface transportation systems
of the United States.
‘‘(2) INTEROPERABILITY
AND
EFFICIENCY.—To
the maximum extent practicable, the national ITS ar-
chitecture shall promote interoperability among, and
efficiency of, intelligent transportation system tech-
nologies implemented throughout the United States.
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‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANI-
ZATIONS.—In carrying out this section, the Secretary
shall use the services of such standards development
organizations as the Secretary determines to be ap-
propriate.
‘‘(b) PROVISIONAL STANDARDS.—
‘‘(1) IN GENERAL.—If the Secretary finds that
the development or selection of an intelligent trans-
portation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional
standard—
‘‘(A) after consultation with affected parties;
and
‘‘(B) by using, to the maximum extent prac-
ticable, the work product of appropriate stand-
ards development organizations.
‘‘(2) CRITICAL STANDARDS.—If a standard iden-
tified by the Secretary as critical has not been adopt-
ed and published by the appropriate standards devel-
opment organization by the date of enactment of this
subchapter, the Secretary shall establish a provisional
standard—
‘‘(A) after consultation with affected parties;
and
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‘‘(B) by using, to the maximum extent prac-
ticable, the work product of appropriate stand-
ards development organizations.
‘‘(3) PERIOD OF EFFECTIVENESS.—A provisional
standard established under paragraph (1) or (2)
shall—
‘‘(A) be published in the Federal Register;
and
‘‘(B) remain in effect until such time as the
appropriate standards development organization
adopts and publishes a standard.
‘‘(c) WAIVER OF REQUIREMENT TO ESTABLISH PROVI-
SIONAL CRITICAL STANDARD.—
‘‘(1) IN GENERAL.—The Secretary may waive
the requirement under subsection (b)(2) to establish a
provisional standard if the Secretary determines that
additional time would be productive in, or that estab-
lishment of a provisional standard would be counter-
productive to, the timely achievement of the objectives
identified in subsection (a).
‘‘(2) NOTICE.—The Secretary shall publish in
the Federal Register a notice that describes—
‘‘(A) each standard for which a waiver of
the provisional standard requirement is granted
under paragraph (1);
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‘‘(B) the reasons for and effects of granting
the waiver; and
‘‘(C) an estimate as to the date on which the
standard is expected to be adopted through a
process consistent with section 12(d) of the Na-
tional Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).
‘‘(3) WITHDRAWAL OF WAIVER.—
‘‘(A) IN
GENERAL.—The Secretary may
withdraw a waiver granted under paragraph (1)
at any time.
‘‘(B) NOTICE.—On withdrawal of a waiver,
the Secretary shall publish in the Federal Reg-
ister a notice that describes—
‘‘(i) each standard for which the waiv-
er has been withdrawn; and
‘‘(ii) the reasons for withdrawing the
waiver.
‘‘(d) CONFORMITY WITH NATIONAL ITS ARCHITEC-
TURE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that in-
telligent transportation system projects carried out
using funds made available from the Highway Trust
Fund conform to the national ITS architecture, ap-
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plicable standards or provisional standards, and pro-
tocols developed under subsection (a).
‘‘(2) DISCRETION
OF
SECRETARY.—The Sec-
retary may authorize exceptions to paragraph (1) for
projects designed to achieve specific research objectives
outlined in—
‘‘(A) the National ITS Program Plan under
section 525; or
‘‘(B) the surface transportation research
and technology development strategic plan devel-
oped under section 508(c).
‘‘(3) EXCEPTIONS.—Paragraph (1) shall not
apply to funds used for operation or maintenance of
an intelligent transportation system in existence on
the date of enactment of this subchapter.
‘‘§ 527. Commercial vehicle information systems and
networks deployment
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘commercial vehicle
information systems and networks’ means the infor-
mation systems and communications networks that
provide the capability to—
‘‘(A) improve the safety of commercial vehi-
cle operations;
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‘‘(B) increase the efficiency of regulatory in-
spection processes to reduce administrative bur-
dens by advancing technology to facilitate in-
spections and increase the effectiveness of enforce-
ment efforts;
‘‘(C) advance electronic processing of reg-
istration information, driver licensing informa-
tion, fuel tax information, inspection and crash
data, and other safety information;
‘‘(D) enhance the safe passage of commercial
vehicles across the United States and across
international borders; and
‘‘(E) promote the communication of infor-
mation 
among 
the 
States 
and 
encourage
multistate cooperation and corridor development.
‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘commercial
vehicle operations’ means motor carrier oper-
ations and motor vehicle regulatory activities as-
sociated with the commercial movement of goods
(including hazardous materials) and passengers.
‘‘(B) INCLUSIONS.—The term ‘commercial
vehicle operations’, with respect to the public sec-
tor, includes—
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‘‘(i) the issuance of operating creden-
tials;
‘‘(ii) the administration of motor vehi-
cle and fuel taxes; and
‘‘(iii) the administration of roadside
safety and border crossing inspection and
regulatory compliance operations.
‘‘(3) CORE
DEPLOYMENT.—The term ‘core de-
ployment’ means the deployment of systems in a
State necessary to provide the State with—
‘‘(A) safety information exchange to—
‘‘(i) electronically collect and transmit
commercial vehicle and driver inspection
data at a majority of inspection sites;
‘‘(ii) connect to the Safety and Fitness
Electronic Records system for access to—
‘‘(I) interstate carrier and com-
mercial vehicle data;
‘‘(II) summaries of past safety
performance; and
‘‘(III) commercial vehicle creden-
tials information; and
‘‘(iii) exchange carrier data and com-
mercial vehicle safety and credentials infor-
mation within the State and connect to
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Safety and Fitness Electronic Records sys-
tem for access to interstate carrier and com-
mercial vehicle data;
‘‘(B) interstate credentials administration
to—
‘‘(i)(I) perform end-to-end (including
carrier application) jurisdiction applica-
tion processing, and credential issuance, of
at least the International Registration Plan
and International Fuel Tax Agreement cre-
dentials; and
‘‘(II) extend the processing to other cre-
dentials, including intrastate, titling, over-
size or overweight requirements, carrier reg-
istration, and hazardous materials;
‘‘(ii) connect to the International Reg-
istration Plan and International Fuel Tax
Agreement clearinghouses; and
‘‘(iii)(I) have at least 10 percent of the
transaction volume handled electronically;
and
‘‘(II) have the capability to add more
carriers and to extend to branch offices
where applicable; and
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‘‘(C) roadside electronic screening to elec-
tronically screen transponder-equipped commer-
cial vehicles at a minimum of 1 fixed or mobile
inspection site and to replicate the screening at
other sites.
‘‘(4) EXPANDED
DEPLOYMENT.—The term ‘ex-
panded deployment’ means the deployment of systems
in a State that—
‘‘(A) exceed the requirements of a core de-
ployment of commercial vehicle information sys-
tems and networks;
‘‘(B) improve safety and the productivity of
commercial vehicle operations; and
‘‘(C) enhance transportation security.
‘‘(b) PROGRAM.—The Secretary shall carry out a com-
mercial vehicle information systems and networks program
to—
‘‘(1) improve the safety and productivity of com-
mercial vehicles and drivers; and
‘‘(2) reduce costs associated with commercial ve-
hicle operations and Federal and State commercial
vehicle regulatory requirements.
‘‘(c) PURPOSE.—It is the purpose of the program to
advance the technological capability and promote the de-
ployment of intelligent transportation system applications