797
portation system on land use and residential
patterns; and
(L) members with expertise in planning,
safety, and operations.
(3) DUTIES.—The Advisory Committee shall, at
a minimum, perform the following duties:
(A) Provide input into the development of
the Intelligent Transportation System aspects
of the strategic plan under section 508 of title
23, United States Code.
(B) Review, at least annually, areas of in-
telligent transportation systems research being
considered for funding by the Department, to
determine—
(i) whether these activities are likely
to advance either the state-of-the-practice
or state-of-the-art in intelligent transpor-
tation systems;
(ii) whether the intelligent transpor-
tation system technologies are likely to be
deployed by users, and, if not, to determine
the barriers to deployment; and
(iii) the appropriate roles for govern-
ment and the private sector in investing in
798
the research and technologies being consid-
ered.
(4) REPORT.—Not later than February 1 of
each year after the date of enactment of this Act,
the Secretary shall transmit to the Congress, a re-
port including—
(A) all recommendations made by the Ad-
visory Committee during the preceding calendar
year;
(B) an explanation of how the Secretary
has implemented those recommendations; and
(C) for recommendations not implemented,
the reasons for rejecting the recommendations.
(5) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Advisory Committee shall be
subject to the Federal Advisory Committee Act (5
U.S.C. App.).
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN
GENERAL.—The Secretary shall
issue guidelines and requirements for the re-
porting and evaluation of operational tests and
deployment projects carried out under this sub-
title.
799
(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the re-
porting entity so as to avoid any real or appar-
ent conflict of interest or potential influence on
the outcome by parties to any such test or de-
ployment project or by any other formal evalua-
tion carried out under this subtitle.
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall
establish reporting funding levels based on the
size and scope of each test or project that en-
sure adequate reporting 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 reporting of any test, deployment
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title 44.
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.
(a) IN GENERAL.—
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND
MAINTENANCE.—Consistent with section 12(d) of
the National Technology Transfer and Advancement
800
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783),
the Secretary shall develop, implement, and maintain
a national architecture and supporting standards
and protocols to promote the widespread use and
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation
systems of the United States.
(2) INTEROPERABILITY AND EFFICIENCY.—To
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States.
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment organizations as the Secretary determines to
be appropriate.
(4) USE OF EXPERT PANEL.—
(A) DESIGNATION.—The Secretary shall
designate a panel of experts to recommend ways
to expedite and streamline the process for de-
veloping the standards and protocols to be de-
veloped pursuant to paragraph (1).
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be
801
subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(C) DEADLINE FOR RECOMMENDATION.—
No later than September 30, 2005, the expert
panel shall provide the Secretary with a rec-
ommendation relating to such standards devel-
opment.
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using,
to the extent practicable, the work product of appro-
priate standards development organizations.
(2) PERIOD OF EFFECTIVENESS.—A provisional
standard established under paragraph (1) shall be
published in the Federal Register and remain in ef-
fect until the appropriate standards development or-
ganization adopts and publishes a standard.
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that
802
intelligent transportation system projects carried out
using funds made available from the Highway Trust
Fund, including funds made available under this
subtitle to deploy intelligent transportation system
technologies, conform to the national architecture,
applicable standards or provisional standards, and
protocols developed under subsection (a).
(2) SECRETARY’S DISCRETION.—The Secretary
may authorize exceptions to paragraph (1) for—
(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or
the surface transportation research and devel-
opment strategic plan developed under section
508 of title 23, United States Code; or
(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the
date of enactment of this Act if the Secretary
determines that the upgrade or expansion—
(i) would not adversely affect the
goals or purposes of this subtitle;
(ii) is carried out before the end of
the useful life of such system; and