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‘(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 proceedings. 
‘(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.’.
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Subtitle F—Intelligent 
Transportation Systems Research 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘Intelligent Trans-
portation Systems Act of 2005’. 
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, 
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
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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. 
(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;
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(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 
(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-
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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. 
(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.—
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(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. 
(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.—
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(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; 
(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;
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(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-
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
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HR 3 IH1S 
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 
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.).
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HR 3 IH1S 
(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. 
(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
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HR 3 IH1S 
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 
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.—
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(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 
subject to the Federal Advisory Committee Act 
(5 U.S.C. App.). 
(C) DEADLINE FOR RECOMMENDATION.—
No later than September 30, 2006, 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
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HR 3 IH1S 
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 
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