457
‘‘(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. 
‘‘(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
458
supply the data or information of the nonstatistical 
purpose. 
‘‘(m) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information 
in the possession of any Federal agency except informa-
tion—
‘‘(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 
discharge of authorities and responsibilities which 
have been delegated to, or vested by law, in such 
agency. 
‘‘(n) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) ESTABLISHMENT.—There is established in 
the Bureau an Advisory Council on Transportation 
Statistics. 
‘‘(2) FUNCTION.—It shall be the function of the 
Advisory Council to advise the Director of the Bu-
reau on transportation statistics and analyses, in-
cluding whether or not the statistics and analysis 
disseminated by the Bureau are of high quality and 
are based upon the best available objective informa-
tion.
459
‘‘(3) MEMBERSHIP.—The Advisory Council 
shall be composed of not more than 6 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 and 1 member shall 
have expertise in statistics. At least 1 member shall 
be a senior official of a State department of trans-
portation. 
‘‘(4) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 App. U.S.C.) shall apply to the advisory 
council established under this section, except that 
section 14 of such Act shall not apply to the Advi-
sory 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—
460
(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, 
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
461
(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. 
(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;
462
(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 
(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-
463
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. 
(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-
464
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. 
(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 COMMITTEES.—In carrying out this 
subtitle, the Secretary may use one or more advisory com-
mittees that are subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
465
(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. 
(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.
466
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 
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-
467
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 
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.
468
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that 
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;
469
(ii) is carried out before the end of 
the useful life of such system; and 
(iii) is cost-effective as compared to 
alternatives that would meet the con-
formity requirement of paragraph (1). 
(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 Act. 
SEC. 5605. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and 
other similar activities that are necessary to carry out this 
subtitle. 
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit management, freight management, road 
weather management, toll collection, traveler infor-
mation, or highway operations systems and remote 
sensing products;
470
(2) enhance safety through improved crash 
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and 
(3) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of operational tests and demonstrations under subsection 
(a) shall not exceed 80 percent. 
SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 
Funds made available to carry out this subtitle for 
operational tests—
(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and transit infrastructure unless the construction is 
incidental and critically necessary to the implemen-
tation of an intelligent transportation system 
project. 
SEC. 5607. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—The term ‘‘incident’’ means a 
crash, a natural disaster, workzone activity, special
471
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traf-
fic. 
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation 
infrastructure’’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means 
electronics, communications, or information proc-
essing used singly or in combination to improve the 
efficiency or safety of a surface transportation sys-
tem. 
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework 
for interoperability 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 
(D) the communications requirements as-
sociated with the information flows.
472
(5) PROJECT.—The term ‘‘project’’ means a 
undertaking to research, develop, or operationally 
test intelligent transportation systems or any other 
undertaking eligible for assistance under this sub-
title. 
(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 character-
istics so as to ensure that materials, products, 
processes, and services are fit for their pur-
poses; and 
(B) may support the national architecture 
and promote—
(i) the widespread use and adoption of 
intelligent 
transportation 
system 
tech-
nology as a component of the surface 
transportation systems of the United 
States; and 
(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States.
473
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23, 
United States Code. 
(8) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning 
given the term under section 101(a) of such title. 
SEC. 5608. REPEAL. 
Subtitle C of title V of The Transportation Equity 
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
452–463) is repealed.
TITLE VI—PLANNING AND 
PROJECT DELIVERY 
This title will add to subtitle III of title 49, United 
States Code, a new chapter 52 relating to transportation 
planning. The chapter will incorporate Federal Highway 
Administration and Federal Transit Administration plan-
ning provisions from sections 134 and 135 of title 23 of 
the Code and sections 5303–5305 of title 49 of the Code 
in order to create a single set of requirements for highway 
and public transportation planning. [Reserved.]
TITLE VII—HAZARDOUS 
MATERIALS TRANSPORTATION 
This title will reauthorize the hazardous materials 
transportation program under chapter 5 of title 49,
474
United States Code, managed by the Research and Special 
Programs Administration of the Department of Transpor-
tation. [Reserved.]
TITLE 
VIII—TRANSPORTATION 
DISCRETIONARY 
SPENDING 
GUARANTEE 
The guaranteed funding levels provided under this 
Act are dependent on identifying additional budgetary re-
sources. This title will continue sections 8101 and 8103 
of the Transportation Equity Act for the 21st Century 
that guarantee that specific levels of authorized funding 
will be available for obligation each year by continuing the 
highway category budgetary firewall, which protects the 
Federal-aid highway program’s obligation limitation, the 
programs of the Federal Motor Carrier Safety Administra-
tion, and the portion of the National Highway Traffic 
Safety Administration’s programs funded from the High-
way Trust Fund, and the mass transit category budgetary 
firewall, which protects the portion of the Federal Transit 
Administration programs funded from the Mass Transit 
Account of the Highway Trust Fund and the portion of 
such programs funded from the general fund of the Treas-
ury.
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