814
tioned under chapter 1 of title 23 and shall be subject to 
any limitation on obligations imposed on funds made avail-
able to carry out title V of the Transportation Equity Act: 
A Legacy for Users.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 55 of such title is amended by adding 
at the end the following:
‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND 
SPATIAL INFORMATION TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary shall establish and 
carry out a program to validate commercial remote sensing 
products and spatial information technologies for applica-
tion to national transportation infrastructure development 
and construction. 
(b) PROGRAM.—
(1) NATIONAL POLICY.—The Secretary shall es-
tablish and maintain a national policy for the use of 
commercial remote sensing products and spatial in-
formation technologies in national transportation in-
frastructure development and construction. 
(2) POLICY
IMPLEMENTATION.—The Secretary 
shall develop new applications of commercial remote 
sensing products and spatial information technologies 
for the implementation of the national policy estab-
lished and maintained under paragraph (1).
815
(c) COOPERATION.—The Secretary shall carry out this 
section in cooperation with the commercial remote sensing 
program of the National Aeronautics and Space Adminis-
tration and a consortium of university research centers. 
(d) FUNDING.—Of the amounts made available by sec-
tion 5101(a)(1) of this Act, $3,000,000 for fiscal year 2004 
and $9,000,000 for each of fiscal years 2005 through 2009 
shall be available to carry out this section. 
Subtitle E—Transportation Data 
and Analysis 
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 111. Bureau of Transportation Statistics 
‘‘(a) ESTABLISHMENT.—There is established in the Re-
search and Innovative Technology Administration a Bu-
reau of Transportation Statistics. 
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Bureau shall be head-
ed by a Director who shall be appointed in the com-
petitive service by the Secretary. 
‘‘(2) QUALIFICATIONS.—The Director shall be 
appointed from among individuals who are qualified 
to serve as the Director by virtue of their training
816
and experience in the collection, analysis, and use of 
transportation statistics. 
‘‘(c) RESPONSIBILITIES.—The Director of the Bureau 
shall serve as the Secretary’s senior advisor on data and 
statistics, and shall be responsible for carrying out the fol-
lowing duties: 
‘‘(1) PROVIDING DATA, STATISTICS, AND ANAL-
YSIS TO TRANSPORTATION DECISIONMAKERS.—Ensur-
ing that the statistics compiled under paragraph (5) 
are designed to support transportation decision-
making by the Federal Government, State and local 
governments, metropolitan planning organizations, 
transportation-related associations, the private sector 
(including the freight community), and the public. 
‘‘(2) COORDINATING COLLECTION OF INFORMA-
TION.—Working with the operating administrations 
of the Department to establish and implement the Bu-
reau’s data programs and to improve the coordina-
tion of information collection efforts with other Fed-
eral agencies. 
‘‘(3) DATA
MODERNIZATION.—Continually im-
proving surveys and data collection methods to im-
prove the accuracy and utility of transportation sta-
tistics.
817
‘‘(4) ENCOURAGING DATA STANDARDIZATION.—
Encouraging the standardization of data, data collec-
tion methods, and data management and storage tech-
nologies for data collected by the Bureau, the oper-
ating administrations of the Department of Transpor-
tation, States, local governments, metropolitan plan-
ning organizations, and private sector entities. 
‘‘(5) COMPILING TRANSPORTATION STATISTICS.—
Compiling, analyzing, and publishing a comprehen-
sive set of transportation statistics on the performance 
and impacts of the national transportation system, 
including statistics on—
‘‘(A) productivity in various parts of the 
transportation sector; 
‘‘(B) traffic flows for all modes of transpor-
tation; 
‘‘(C) other elements of the Intermodal 
Transportation Database established under sub-
section (g); 
‘‘(D) travel times and measures of conges-
tion; 
‘‘(E) vehicle weights and other vehicle char-
acteristics; 
‘‘(F) demographic, economic, and other 
variables influencing traveling behavior, includ-
818
ing choice of transportation mode, and goods 
movement; 
‘‘(G) transportation costs for passenger 
travel and goods movement; 
‘‘(H) availability and use of mass transit 
(including the number of passengers served by 
each mass transit authority) and other forms of 
for-hire passenger travel; 
‘‘(I) frequency of vehicle and transportation 
facility repairs and other interruptions of trans-
portation service; 
‘‘(J) safety and security for travelers, vehi-
cles, and transportation systems; 
‘‘(K) consequences of transportation for the 
human and natural environment; 
‘‘(L) the extent, connectivity, and condition 
of the transportation system, building on the Na-
tional Transportation Atlas Database developed 
under subsection (g); and 
‘‘(M) transportation-related variables that 
influence the domestic economy and global com-
petitiveness. 
‘‘(6) NATIONAL
SPATIAL
DATA
INFRASTRUC-
TURE.—Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
819
ture, including coordinating the development of trans-
portation geospatial data standards, compiling inter-
modal geospatial data, and collecting geospatial data 
that is not being collected by others. 
‘‘(7) ISSUING
GUIDELINES.—Issuing guidelines 
for the collection of information by the Department of 
Transportation required for statistics to be compiled 
under paragraph (5) in order to ensure that such in-
formation is accurate, reliable, relevant, and in a 
form that permits systematic analysis. The Bureau 
shall review and report to the Secretary of Transpor-
tation on the sources and reliability of the statistics 
proposed by the heads of the operating administra-
tions of the Department to measure outputs and out-
comes as required by the Government Performance 
and Results Act of 1993, and the amendments made 
by such Act, and shall carry out such other reviews 
of the sources and reliability of other data collected or 
statistical information published by the heads of the 
operating administrations of the Department as shall 
be requested by the Secretary. 
‘‘(8) MAKING STATISTICS ACCESSIBLE.—Making 
the statistics published under this subsection readily 
accessible. 
‘‘(d) INFORMATION NEEDS ASSESSMENT.—
820
‘‘(1) IN
GENERAL.—Within 60 days after the 
date of the enactment of the Transportation Equity 
Act: A Legacy for Users, the Secretary shall enter into 
an arrangement with the National Research Council 
to develop and publish a National Transportation In-
formation Needs Assessment (referred to in this sub-
section as the ‘Assessment’). The Assessment shall be 
transmitted to the Secretary and the Congress not 
later than 24 months after such arrangement is en-
tered into. 
‘‘(2) CONTENT.—The Assessment shall—
‘‘(A) identify, in priority order, transpor-
tation data that is not being collected by the Bu-
reau, Department of Transportation operating 
administrations, or other Federal, State, or local 
entities, but is needed to improve transportation 
decisionmaking at the Federal, State, and local 
level and to fulfill the requirements of subsection 
(c)(5); 
‘‘(B) recommend whether the data identified 
in subparagraph (A) should be collected by the 
Bureau, other parts of the Department, or by 
other Federal, State, or local entities, and wheth-
er any data is a higher priority than data cur-
rently being collected;
821
‘‘(C) identify any data the Bureau or other 
Federal, State, and local entities is collecting 
that is not needed; 
‘‘(D) describe new data collection methods 
(including changes in surveys) and other changes 
the Bureau or other Federal, State, and local en-
tities should implement to improve the standard-
ization, accuracy, and utility of transportation 
data and statistics; and 
‘‘(E) estimate the cost of implementing any 
recommendations. 
‘‘(3) CONSULTATION.—In developing the Assess-
ment, the National Research Council shall consult 
with the Department’s Advisory Council on Transpor-
tation Statistics and a representative cross-section of 
transportation community stakeholders as well as 
other Federal agencies, including the Environmental 
Protection Agency, the Department of Energy, and 
the Department of Housing and Urban Development. 
‘‘(4) REPORT TO CONGRESS.—Not later than 6 
months after the National Research Council transmits 
the Assessment under paragraph (1), the Secretary 
shall transmit a report to Congress that describes—
‘‘(A) how the Department plans to fill the 
data gaps identified under paragraph (2)(A);
822
‘‘(B) how the Department plans to stop col-
lecting 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 needed 
to implement the findings of the Assessment 
under paragraph (1). 
‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.—
‘‘(1) IN
GENERAL.—In consultation with the 
Under Secretary for Policy, the Assistant Secretaries, 
and the heads of the operating administrations of the 
Department of Transportation, the Director shall es-
tablish 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—
823
‘‘(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 com-
binations, 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; 
‘‘(C) information on the location and 
connectivity of transportation facilities and serv-
ices; 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-
824
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.—
‘‘(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, institu-
825
tion, establishment, or organization of any nature whatso-
ever, neglects or refuses, when requested by the Director or 
other authorized officer, employee, or contractor of the Bu-
reau, 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 or-
ganization, or to make available records or statistics in his 
or her official custody, contained in a data collection re-
quest prepared and submitted under the authority of sub-
section (c)(1), shall be fined not more than $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 sub-
section (c)(5) and research and development of new 
methods of data collection, standardization, manage-
ment, integration, dissemination, interpretation, and 
analysis; 
‘‘(2) demonstration programs by States, local 
governments, and metropolitan planning organiza-
826
tions to harmonize data collection, reporting, manage-
ment, storage, and archiving to simplify data com-
parisons 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-
tional transportation atlas data base under subsection 
(g) and the National Spatial Data Infrastructure de-
veloped 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 con-
tractor 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;
827
‘‘(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). 
‘‘(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 inform 
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 subsection 
(c)(5), documentation of methods used to obtain and ensure 
the quality of the statistics presented in the report, and rec-
ommendations for improving transportation statistical in-
formation. 
‘‘(m) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information
828
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 agen-
cy. 
‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Notwith-
standing section 3302 of title 31, funds received by the Bu-
reau from the sale of data products, 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 STATIS-
TICS.—
‘‘(1) ESTABLISHMENT.—The Director of the Bu-
reau 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-
829
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; 
‘‘(B) provide input to and review the report 
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 ex-
pertise in economics, 1 member shall have expertise in 
statistics, and 1 member shall have experience in 
transportation safety. At least 1 member shall be a 
senior official of a State department of transpor-
830
tation. Members shall include representation of a 
cross-section of transportation community stake-
holders. 
‘‘(4) TERMS OF APPOINTMENT.—(A) Except as 
provided in subparagraph (B), members shall be ap-
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 COM-
MITTEE 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.’’. 
SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION STA-
TISTICS. 
Section 111(k) of title 49, United States Code, as 
amended by section 5501 of this Act, is amended by insert-
ing after paragraph (1) the following: 
‘‘(2) COPIES OF REPORTS.—
831
‘‘(A) IN GENERAL.—No department, bureau, 
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 re-
port that has been filed under subsection (c) with 
the Bureau or retained by an individual re-
spondent. 
‘‘(B) 
LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in sub-
paragraph (A) that has been retained by an in-
dividual 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 ac-
tion, suit, or other judicial or administra-
tive proceedings. 
‘‘(C) APPLICABILITY.—This paragraph shall 
apply only to reports that permit information 
concerning an individual or organization to be 
reasonably determined by direct or indirect 
means.’’.
832
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, in-
cluding public access to employment, goods, and serv-
ices and to reduce regulatory, financial, and other 
transaction costs to public agencies and system users; 
(2) achievement of national transportation safety 
goals, including the enhancement of safe operation of 
motor vehicles and nonmotorized vehicles as well as 
improved emergency response to a crash, with par-
ticular emphasis on decreasing the number and sever-
ity of collisions; 
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting
833
State and local governments to achieve national envi-
ronmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators of 
commercial motor vehicles, passenger motor vehicles, 
motorcycles, and bicycles and pedestrians, including 
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 na-
tional defense mobility. 
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation program 
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;
834
(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor vehi-
cle 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 transpor-
tation system program to research, develop, and operation-
ally test intelligent transportation systems and advance na-
tionwide deployment of such systems as a component 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-private
835
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 Fed-
eral laboratories, and colleges and universities, including 
historically Black colleges and universities and other mi-
nority institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system program, 
the Secretary shall consult with the heads of other Federal 
departments and agencies, as appropriate. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMA-
TION.—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 trans-
portation systems management and operations, including 
intelligent transportation systems, within metropolitan and 
statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.—
836
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and 
safety data collected as a result of federally spon-
sored projects carried out under this subtitle (in-
cluding the amendments made by this subtitle); 
and 
(B) make, on request, that information (ex-
cept for proprietary information and data) read-
ily 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.—
837
(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 be-
tween metropolitan and rural interests, and include, 
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;
838
(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 transportation 
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 transpor-
tation system on land use and residential pat-
terns; 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 de-
termine—
(i) whether these activities are likely to 
advance either the state-of-the-practice or
839
state-of-the-art in intelligent transportation 
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 Sec-
retary shall transmit to the Congress, a report includ-
ing—
(A) all recommendations made by the Advi-
sory 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 COM-
MITTEE ACT.—The Advisory Committee shall be sub-
ject to the Federal Advisory Committee Act (5 U.S.C. 
App.).
840
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN GENERAL.—The Secretary shall issue 
guidelines and requirements for the reporting 
and evaluation of operational tests and deploy-
ment projects carried out under this subtitle. 
(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 require-
ments issued under subparagraph (A) shall es-
tablish reporting funding levels based on the size 
and scope of each test or project that ensure ade-
quate 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
841
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 MAIN-
TENANCE.—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), the Sec-
retary shall develop, implement, and maintain a na-
tional architecture and supporting standards and 
protocols to promote the widespread use and evalua-
tion 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 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 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. 
(4) USE OF EXPERT PANEL.—
842
(A) DESIGNATION.—The Secretary shall 
designate a panel of experts to recommend ways 
to expedite and streamline the process for devel-
oping the standards and protocols to be devel-
oped pursuant to paragraph (1). 
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be sub-
ject 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 recommenda-
tion relating to such standards development. 
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that the 
development or balloting of an intelligent transpor-
tation system standard jeopardizes the timely achieve-
ment of the objectives identified in subsection (a), the 
Secretary may establish a provisional standard, after 
consultation with affected parties, using, to the extent 
practicable, the work product of appropriate stand-
ards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be 
published in the Federal Register and remain in effect
843
until the appropriate standards development organi-
zation adopts and publishes a standard. 
(c) CONFORMITY WITH NATIONAL ARCHITECTURE.—
(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, including funds made available under this sub-
title to deploy intelligent transportation system tech-
nologies, conform to the national architecture, appli-
cable standards or provisional standards, and proto-
cols 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 develop-
ment 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 de-
termines that the upgrade or expansion—
844
(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 
(iii) is cost-effective as compared to al-
ternatives that would meet the conformity 
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 system 
research, development, and operational tests of intelligent 
vehicles and intelligent infrastructure systems and other 
similar activities that are necessary to carry out this sub-
title. 
(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 informa-
845
tion, or highway operations systems and remote sens-
ing products; 
(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently; 
(3) 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 
(4) 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 
public transportation infrastructure unless the con-
struction is incidental and critically necessary to the
846
implementation of an intelligent transportation sys-
tem project. 
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
road weather research and development program to—
(1) maximize use of available road weather in-
formation and technologies; 
(2) expand road weather research and develop-
ment efforts to enhance roadway safety, capacity, and 
efficiency while minimizing environmental impacts; 
and 
(3) promote technology transfer of effective road 
weather scientific and technological advances. 
(b) STAKEHOLDER INPUT.—In carrying out this sec-
tion, the Secretary shall consult with the National Oceanic 
and Atmospheric Administration, the National Science 
Foundation, the American Association of State Highway 
and Transportation Officials, nonprofit organizations, and 
the private sector. 
(c) CONTENTS.—The program established under this 
section shall solely carry out research and development 
called for in the National Research Council’s report entitled 
‘‘A Research Agenda for Improving Road Weather Serv-
ices’’. Such research and development includes—
847
(1) integrating existing observational networks 
and data management systems for road weather ap-
plications; 
(2) improving weather modeling capabilities and 
forecast tools, such as the road surface and atmos-
pheric interface; 
(3) enhancing mechanisms for communicating 
road weather information to users, such as transpor-
tation officials and the public; and 
(4) integrating road weather technologies into an 
information infrastructure. 
(d) ACTIVITIES.—In carrying out this section, the Sec-
retary shall—
(1) enable efficient technology transfer; 
(2) improve education and training of road 
weather information users, such as State and local 
transportation officials and private sector transpor-
tation contractors; and 
(3) coordinate with transportation weather re-
search programs in other modes, such as aviation. 
(e) FUNDING.—
(1) IN GENERAL.—In awarding funds under this 
section, the Secretary shall give preference to applica-
tions with significant matching funds from non-Fed-
eral sources.
848
(2) FUNDS FOR ROAD WEATHER RESEARCH AND 
DEVELOPMENT.—Of the amounts made available by 
section 5101(a)(5), $4,000,000 shall be available to 
carry out this section for each of fiscal years 2004 
through 2009. 
SEC. 5608. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—The term ‘‘incident’’ means a 
crash, a natural disaster, workzone activity, special 
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traffic. 
(2) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE.—The term ‘‘intelligent transportation infra-
structure’’ means fully integrated public sector intel-
ligent transportation system components, as defined 
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 system. 
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework for 
interoperability that defines—
849
(A) the functions associated with intelligent 
transportation system user services; 
(B) the physical entities or subsystems with-
in which the functions reside; 
(C) the data interfaces and information 
flows between physical subsystems; and 
(D) the communications requirements asso-
ciated with the information flows. 
(5) PROJECT.—The term ‘‘project’’ means a un-
dertaking to research, develop, or operationally test 
intelligent transportation systems or any other under-
taking eligible for assistance under this subtitle. 
(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 support the national architecture 
and promote—
(i) the widespread use and adoption of 
intelligent transportation system technology
850
as a component of the surface transpor-
tation systems of the United States; and 
(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States. 
(7) STATE.—The term ‘‘State’’ has the meaning 
given the term under section 101 of title 23, United 
States Code. 
(8) TRANSPORTATION
SYSTEMS
MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation systems 
management and operations’’ has the meaning given 
the term under section 101(a) of such title. 
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA-
TIONS STUDY. 
(a) STUDY.—The Secretary, in cooperation with the 
Secretary of Commerce, State departments of transpor-
tation, and other appropriate State, regional, and local offi-
cials, shall conduct a study on feasibility of installing fiber 
optic cabling and wireless communication infrastructure 
along multistate Interstate System route corridors for im-
proved communications services to rural communities along 
such corridors. 
(b) CONTENTS OF STUDY.—In conducting the study, 
the Secretary shall identify—
851
(1) impediments to installation of the infrastruc-
ture described in subsection (a) along multistate 
Interstate System route corridors and to connecting 
such infrastructure to the rural communities along 
such corridors; 
(2) the effective geographic range of such infra-
structure; 
(3) potential opportunities for the private sector 
to fund, wholly or partially, the installation of such 
infrastructure; 
(4) potential benefits fiber optic cabling and 
wireless communication infrastructure may provide 
to rural communities along such corridors, including 
the effects of the installation of such infrastructure on 
economic development, deployment of intelligent 
transportation systems technologies and applications, 
homeland security precaution and response, and edu-
cation and health systems in those communities; 
(5) rural broadband access points for such infra-
structure; 
(6) areas of environmental conflict with such in-
stallation; 
(7) real estate ownership issues relating to such 
installation;
852
(8) preliminary design for placement of fiber 
optic cable and wireless towers; 
(9) monetary value of the rights-of-way necessary 
for such installation; 
(10) applicability and transferability of the ben-
efits of such installation to other rural corridors; and 
(11) safety and other operational issues associ-
ated with the installation and maintenance of fiber 
optic cabling and wire infrastructure within Inter-
state System rights-of-way and other publicly owned 
rights-of-way. 
(c) CORRIDOR LOCATIONS.—The study required under 
subsection (a) shall be conducted for corridors along—
(1) Interstate Route I–90 through rural Wis-
consin, southern Minnesota, northern Iowa, and 
South Dakota; 
(2) Interstate Route I–20 through Alabama, Mis-
sissippi, and northern Louisiana; 
(3) Interstate Route I–91 through Vermont, New 
Hampshire, and Massachusetts; and 
(4) any other rural corridor the Secretary con-
siders appropriate. 
(d) FEDERAL SHARE.—The Federal share of the cost 
of the study shall be 100 percent.
853
(e) REPORT TO CONGRESS.—Not later than September 
30, 2006, the Secretary shall transmit to Congress a report 
on the results of the study, including any recommendations 
of the Secretary. 
(f) FUNDING.—Of the amounts made available under 
section 5101(a)(5), $1,000,000 shall be available for fiscal 
year 2005, and $2,000,000 for fiscal year 2006, to carry 
out this section. 
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish 3 
centers for surface transportation excellence. 
(b) GOALS.—The goals of the centers for surface trans-
portation excellence are to promote and support strategic 
national surface transportation programs and activities re-
lating to the work of State departments of transportation 
in the areas of environment, rural safety, and project fi-
nance. 
(c) ROLE OF CENTERS.—To achieve the goals set forth 
in subsection (b), the Secretary shall establish the 3 centers 
as follows: 
(1) ENVIRONMENTAL EXCELLENCE.—To provide 
technical assistance, information sharing of best prac-
tices, and training in the use of tools and decision-
making processes that can assist States in planning