780
Energy, and the Department of Housing and Urban
Development.
‘‘(4) REPORT TO CONGRESS.—Not later than 6
months after the National Research Council trans-
mits the Assessment under paragraph (1), the Sec-
retary shall transmit a report to Congress that
describes—
‘‘(A) how the Department plans to fill the
data gaps identified under paragraph (2)(A);
‘‘(B) how the Department plans to stop
collecting data identified under paragraph
(2)(C);
‘‘(C) how the Department plans to imple-
ment improved data collection methods and
other changes identified under paragraph
(2)(D);
‘‘(D) the expected costs of implementing
subparagraphs (A), (B), and (C) of this para-
graph;
‘‘(E) any findings of the Assessment under
paragraph (1) with which the Secretary dis-
agrees, and why; and
‘‘(F) any proposed statutory changes need-
ed to implement the findings of the Assessment
under paragraph (1).
781
‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.—
‘‘(1) IN
GENERAL.—In consultation with the
Under Secretary for Policy, the Assistant Secre-
taries, and the heads of the operating administra-
tions of the Department of Transportation, the Di-
rector shall establish and maintain a transportation
data base for all modes of transportation.
‘‘(2) USE.—The data base shall be suitable for
analyses carried out by the Federal Government, the
States, and metropolitan planning organizations.
‘‘(3) 
CONTENTS.—The 
data 
base 
shall
include—
‘‘(A) information on the volumes and pat-
terns of movement of goods, including local,
interregional, and international movement, by
all modes of transportation and intermodal
combinations, and by relevant classification;
‘‘(B) information on the volumes and pat-
terns of movement of people, including local,
interregional, and international movements, by
all modes of transportation (including bicycle
and pedestrian modes) and intermodal combina-
tions, and by relevant classification;
782
‘‘(C) information on the location and
connectivity of transportation facilities and
services; and
‘‘(D) a national accounting of expenditures
and capital stocks on each mode of transpor-
tation and intermodal combination.
‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—
‘‘(1) IN GENERAL.—The Director shall establish
and maintain a National Transportation Library,
which shall contain a collection of statistical and
other information needed for transportation decision-
making at the Federal, State, and local levels.
‘‘(2) ACCESS.—The Director shall facilitate and
promote access to the Library, with the goal of im-
proving the ability of the transportation community
to share information and the ability of the Director
to make statistics readily accessible under subsection
(c)(8).
‘‘(3) COORDINATION.—The Director shall work
with other transportation libraries and other trans-
portation information providers, both public and pri-
vate, to achieve the goal specified in paragraph (2).
‘‘(g) NATIONAL
TRANSPORTATION
ATLAS
DATA
BASE.—
783
‘‘(1) IN GENERAL.—The Director shall develop
and maintain geospatial data bases that depict—
‘‘(A) transportation networks;
‘‘(B) flows of people, goods, vehicles, and
craft over the networks; and
‘‘(C) social, economic, and environmental
conditions that affect or are affected by the net-
works.
‘‘(2) INTERMODAL
NETWORK
ANALYSIS.—The
data bases shall be able to support intermodal net-
work analysis.
‘‘(h) MANDATORY
RESPONSE
AUTHORITY
FOR
FREIGHT
DATA
COLLECTION.—Whoever, being the
owner, official, agent, person in charge, or assistant to the
person in charge of any corporation, company, business,
institution, establishment, or organization of any nature
whatsoever, neglects or refuses, when requested by the Di-
rector or other authorized officer, employee, or contractor
of the Bureau, to answer completely and correctly to the
best of his or her knowledge all questions relating to the
corporation, company, business, institution, establishment,
or other organization, or to make available records or sta-
tistics in his or her official custody, contained in a data
collection request prepared and submitted under the au-
thority of subsection (c)(1), shall be fined not more than
784
$500; but if he or she willfully gives a false answer to
such a question, he or she shall be fined not more than
$10,000.
‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The
Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private
entities (including State transportation departments, met-
ropolitan planning organizations, and institutions of high-
er education) for—
‘‘(1) investigation of the subjects specified in
subsection (c)(5) and research and development of
new methods of data collection, standardization,
management, integration, dissemination, interpreta-
tion, and analysis;
‘‘(2) demonstration programs by States, local
governments, and metropolitan planning organiza-
tions to harmonize data collection, reporting, man-
agement, 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 sub-
section (f); and
‘‘(4) development and improvement of methods
for sharing geographic data, in support of the na-
785
tional transportation atlas data base under sub-
section (g) and the National Spatial Data Infra-
structure developed under Executive Order No.
12906.
‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this section shall 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 of Transportation to collect and
disseminate data independently.
‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN
GENERAL.—An officer, employee or
contractor of the Bureau may not—
‘‘(A) make any disclosure in which the
data provided by an individual or organization
under subsection (c) can be identified;
‘‘(B) use the information provided under
subsection (c) for a nonstatistical purpose; or
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine
any individual report provided under subsection
(c).
‘‘(2) COPIES OF REPORTS.—
786
‘‘(A) IN
GENERAL.—No department, bu-
reau, agency, officer, or employee of the United
States (except the Director in carrying out this
section) may require, for any reason, a copy of
any report that has been filed under subsection
(c) with the Bureau or retained by an indi-
vidual respondent.
‘‘(B) LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in
subparagraph (A) that has been retained by an
individual respondent or filed with the Bureau
or any of its employees, contractors, or
agents—
‘‘(i) shall be immune from legal proc-
ess; and
‘‘(ii) shall 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 adminis-
trative proceeding.
‘‘(C) 
APPLICABILITY.—This 
paragraph
shall apply only to reports that permit informa-
tion concerning an individual or organization to
be reasonably determined by direct or indirect
means.
787
‘‘(3) INFORMING
RESPONDENT
OF
USE
OF
DATA.—In a case in which the Bureau is authorized
by statute to collect data or information for a non-
statistical purpose, the Director shall clearly distin-
guish the collection of the data or information, by
rule and on the collection instrument, so as to in-
form a respondent that is requested or required to
supply the data or information of the nonstatistical
purpose.
‘‘(l) TRANSPORTATION
STATISTICS
ANNUAL
RE-
PORT.—The Director shall transmit to the President and
Congress a Transportation Statistics Annual Report which
shall include information on items referred to in sub-
section (c)(5), documentation of methods used to obtain
and ensure the quality of the statistics presented in the
report, and recommendations for improving transportation
statistical information.
‘‘(m) DATA ACCESS.—The Director shall have access
to transportation and transportation-related information
in the possession of any Federal agency except
information—
‘‘(1) the disclosure of which to another Federal
agency is expressly prohibited by law; or
‘‘(2) the disclosure of which the agency so re-
quested determines would significantly impair the
788
discharge of authorities and responsibilities which
have been delegated to, or vested by law, in such
agency.
‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Not-
withstanding section 3302 of title 31, United States Code,
funds received by the Bureau from the sale of data prod-
ucts, 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
the expenses.
‘‘(o) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) ESTABLISHMENT.—The Director of the
Bureau of Transportation Statistics shall establish
an Advisory Council on Transportation Statistics.
‘‘(2) FUNCTION.—It shall be the function of the
Advisory Council established under this subsection
to—
‘‘(A) advise the Director of the Bureau of
Transportation Statistics on the quality, reli-
ability, consistency, objectivity, and relevance of
transportation statistics and analyses collected,
supported, or disseminated by the Bureau of
Transportation Statistics and the Department
of Transportation;
789
‘‘(B) provide input to and review the re-
port to Congress under subsection (d)(4); and
‘‘(C) advise the Director on methods to en-
courage harmonization and interoperability of
transportation data collected by the Bureau, the
operating administrations of the Department of
Transportation, States, local governments, met-
ropolitan planning organizations, and private
sector entities.
‘‘(3) MEMBERSHIP.—The Advisory Council es-
tablished under this subsection shall be composed of
not fewer than 9 and not more than 11 members ap-
pointed by the Director, who are not officers or em-
ployees of the United States. Each member shall
have expertise in transportation data collection or
analysis or application; except that 1 member shall
have expertise in economics, 1 member shall have ex-
pertise in statistics, and 1 member shall have experi-
ence in transportation safety. At least 1 member
shall be a senior official of a State department of
transportation. Members shall include representation
of a cross-section of transportation community
stakeholders.
‘‘(4) TERMS OF APPOINTMENT.—(A) Except as
provided in subparagraph (B), members shall be ap-
790
pointed to staggered terms not to exceed 3 years. A
member may be renominated for one additional 3-
year term.
‘‘(B) Members serving on the Advisory Council
on Transportation Statistics as of the date of enact-
ment of the Transportation Equity Act: A Legacy
for Users shall serve until the end of their appointed
terms.
‘‘(5) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee
Act shall apply to the Advisory Council established
under this subsection, except that section 14 of such
Act shall not apply to such Advisory Council.’’.
Subtitle F—Intelligent
Transportation Systems Research
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2004’’.
SEC. 5602. GOALS AND PURPOSES.
(a) GOALS.—The goals of the intelligent transpor-
tation system program include—
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a
significant portion of future transportation needs,
791
including public access to employment, goods, and
services and to reduce regulatory, financial, and
other transaction costs to public agencies and sys-
tem users;
(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as
well as improved emergency response to a crash,
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
State and local governments to achieve national en-
vironmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and
(5) improvement of the Nation’s ability to re-
spond to security-related or other manmade emer-
gencies and natural disasters and enhancement of
national defense mobility.
792
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum—
(1) expedite, in both metropolitan and rural
areas, deployment and integration of intelligent
transportation systems for consumers of passenger
and freight transportation;
(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;
(3) improve regional cooperation and operations
planning for effective intelligent transportation sys-
tem deployment;
(4) promote the innovative use of private re-
sources;
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based
safety enhancing systems;
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations;
(7) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
793
(8) provide continuing support for operations
and maintenance of intelligent transportation sys-
tems.
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) SCOPE.—Subject to the provisions of this subtitle,
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United
States.
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to
this subtitle shall encourage and not displace public-pri-
vate partnerships or private sector investment in such
tests and projects.
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE,
AND EDUCATIONAL ENTITIES.—The Secretary shall carry
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, the private sector of the United States, the
Federal laboratories, and colleges and universities, includ-
ing historically Black colleges and universities and other
minority institutions of higher education.
794
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In
carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other
Federal departments and agencies, as appropriate.
(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 systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes.
(g) INFORMATION CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this sub-
title (including the amendments made by this
subtitle); and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the repository at
an appropriate cost.
795
(2) AGREEMENT.—
(A) IN
GENERAL.—The Secretary may
enter into an agreement with a third party for
the maintenance of the repository for technical
and safety data under paragraph (1)(A).
(B) FEDERAL FINANCIAL ASSISTANCE.—If
the Secretary enters into an agreement with an
entity for the maintenance of the repository, the
entity shall be eligible for Federal financial as-
sistance under this section.
(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to section
555 of title 5, United States Code.
(h) ADVISORY COMMITTEE.—
(1) IN GENERAL.—The Secretary shall establish
an Advisory Committee to advise the Secretary on
carrying out this subtitle.
(2) MEMBERSHIP.—The Advisory Committee
shall have no more than 20 members, be balanced
between metropolitan and rural interests, and in-
clude, at a minimum—
(A) a representative from a State highway
department;
796
(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan
planning organization;
(E) a private sector user of intelligent
transportation system technologies;
(F) an academic researcher with expertise
in computer science or another information
science field related to intelligent transportation
systems, and who is not an expert on transpor-
tation issues;
(G) an academic researcher who is a civil
engineer;
(H) an academic researcher who is a social
scientist with expertise in transportation issues;
(I) a representative from a not-for-profit
group representing the intelligent transpor-
tation system industry;
(J) a representative from a public interest
group concerned with safety;
(K) a representative from a public interest
group concerned with the impact of the trans-
944
refinery or terminal directly into the fuel tank
of an aircraft for use in commercial aviation,
the rate of tax under subparagraph (A)(iv) shall
be 4.3 cents per gallon.’’.
(3) CERTAIN
REFUELER
TRUCKS, TANKERS,
AND TANK WAGONS TREATED AS TERMINAL.—Sub-
section (a) of section 4081 is amended by adding at
the end the following new paragraph:
‘‘(3) CERTAIN
REFUELER
TRUCKS, TANKERS,
AND TANK WAGONS TREATED AS TERMINAL.—
‘‘(A) IN GENERAL.—In the case of avia-
tion-grade kerosene which is removed from any
terminal directly into the fuel tank of an air-
craft (determined without regard to any re-
fueler truck, tanker, or tank wagon which meets
the requirements of subparagraph (B)), a re-
fueler truck, tanker, or tank wagon shall be
treated as part of such terminal if—
‘‘(i) such truck, tanker, or wagon
meets the requirements of subparagraph
(B) with respect to an airport, and
‘‘(ii) except in the case of exigent cir-
cumstances identified by the Secretary in
regulations, no vehicle registered for high-