125
SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND
OPERATIONS.
(a) DEFINITIONS.—
(1) OPERATING
COSTS
FOR
TRAFFIC
MONI-
TORING, 
MANAGEMENT, 
AND
CONTROL.—Section
101(a)(17) of title 23, United States Code, is
amended by inserting ‘‘transportation systems man-
agement and operations and’’ after ‘‘associated
with’’.
(2) 
OPERATIONAL
IMPROVEMENT.—Section
101(a)(18)(A)(i) of such title is amended—
(A) by inserting ‘‘transportation systems
management and operations, including’’ after
‘‘for’’; and
(B) by inserting ‘‘equipment and programs
for transportation response to natural disas-
ters,’’ after ‘‘incident management programs,’’.
(3) TRANSPORTATION SYSTEMS MANAGEMENT
AND OPERATIONS.—Section 101(a) of such title is
further amended by adding at the end the following:
‘‘(39) TRANSPORTATION
SYSTEMS
MANAGE-
MENT AND OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘transpor-
tation systems management and operations’
means an integrated program to optimize the
performance of existing infrastructure through
126
the implementation of multimodal and inter-
modal, cross-jurisdictional systems, services,
and projects designed to preserve capacity and
improve the security, safety, and reliability of
Federal-aid highways.
‘‘(B) INCLUDED ACTIVITIES AND IMPROVE-
MENTS.—The term includes regional operations
collaboration and coordination activities be-
tween transportation and public safety agencies
and improvements such as traffic detection and
surveillance, 
arterial 
management, 
freeway
management, demand management, work zone
management, emergency management, elec-
tronic toll collection, automated enforcement,
traffic operations measures to improve capacity,
traffic signal coordination, optimization of traf-
fic signal timing, traffic incident management,
communications equipment related to traffic in-
cident management (including integrated, inter-
operable, emergency communications equip-
ment), roadway weather management, traveler
information services, commercial vehicle oper-
ations, traffic control, freight management, and
coordination of highway, rail, transit, bicycle,
and pedestrian operations.’’.
127
(b) SURFACE TRANSPORTATION PROGRAM ELIGI-
BILITY.—Section 133(b) of such title is amended—
(1) by redesignating paragraphs (13) and (14)
as paragraphs (12) and (13), respectively; and
(2) by adding at the end the following:
‘‘(14) Regional transportation operations col-
laboration and coordination activities that are asso-
ciated with regional improvements, including activi-
ties for traffic incident management, technology de-
ployment, emergency management and response,
traveler information, and regional congestion re-
lief.’’.
(c) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—
Section 103(b)(6) of such title is amended by adding at
the end the following:
‘‘(Q) Capital, operating, and systems main-
tenance costs for transportation systems man-
agement and operations.’’.
(d) TRANSPORTATION SYSTEMS MANAGEMENT AND
OPERATIONS.—Subchapter I of chapter 1 of such title is
further amended by adding at the end the following:
‘‘§ 166. Transportation systems management and op-
erations
‘‘(a) AUTHORITY.—The Secretary may—
128
‘‘(1) encourage transportation system man-
agers, operators, public safety officials, and trans-
portation planners within an urbanized area, who
are actively engaged in and responsible for con-
ducting activities relating to day-to-day manage-
ment, operations, public safety, and planning of
transportation facilities and services, to collaborate
and coordinate on a regional level in a continuous
and sustained manner for improved transportation
systems management and operations, including, at a
minimum—
‘‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared
by all transportation and public safety partici-
pants for how the region’s systems should be
managed, operated, and measured;
‘‘(B) sharing of information among opera-
tors, service providers, public safety officials,
and the general public; and
‘‘(C) guiding, in a regionally-coordinated
manner, the implementation of regional trans-
portation system management and operations
initiatives, including emergency evacuation and
response, traffic incident management, tech-
nology deployment, and traveler information
129
systems delivery, in a manner consistent with
and integrated into the ongoing metropolitan
and statewide transportation planning processes
and regional intelligent transportation system
architecture, if required; and
‘‘(2) encourage States to establish a system of
basic real-time monitoring capability for the surface
transportation system and provide the capability and
means to share that data among agencies (including
highway, transit, and public safety agencies), juris-
dictions (including States, cities, counties, and areas
represented by metropolitan planning organizations),
private-sector entities, and the traveling public.
‘‘(b) EXECUTION.—To support the successful execu-
tion of transportation systems management and oper-
ations activities, the Secretary may undertake the fol-
lowing activities:
‘‘(1) Assist and cooperate with other Federal
departments and agencies, State and local govern-
ments, metropolitan planning organizations, private
industry representatives, and other interested parties
to improve regional collaboration and real-time infor-
mation sharing between transportation system man-
agers and operators, public safety officials, emer-
gency managers, and the general public to increase
130
the security, safety, and reliability of Federal-aid
highways.
‘‘(2) Issue, if necessary, new guidance or regu-
lations for the procurement of transportation system
management and operations facilities, equipment,
and services, including equipment procured in prepa-
ration for natural disasters and emergencies, system
hardware, software, and software integration serv-
ices.’’.
(e) CONFORMING AMENDMENT.—The analysis for
such chapter is further amended by adding at the end the
following:
‘‘166. Transportation systems management and operations.’’.
(f) INTELLIGENT TRANSPORTATION SYSTEM PRO-
CUREMENT POLICY.—
(1) STUDY.—The Secretary shall—
(A) conduct a study of the current policies
and practices for the procurement of intelligent
transportation system facilities, equipment, and
services; and
(B) develop a conceptual plan with alter-
native approaches for expediting and stream-
lining such procurements at the State level.
(2) RECOMMENDATIONS.—Based on the results
of the study, the Secretary shall make recommenda-
tions in the report under paragraph (4) regarding
131
procurement standards, including recommendations
regarding any changes in Federal and State stat-
utes, regulations, and policies necessary to ensure
that national interests are served in meeting future
intelligent transportation system needs.
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under this subsection shall specifically ad-
dress the following:
(A) CURRENT
CONDITION.—The current
practices and policies relating to procurement of
intelligent 
transportation 
system 
facilities,
equipment, and services, including equipment
procured in preparation for natural disasters
and emergencies, system hardware, software,
and software integration services.
(B) ASSESSMENT
OF
NEED
FOR
POLICY
REFORM.—The ability of current practices and
policies to achieve the successful implementa-
tion of intelligent transportation system goals
and the need for national policy reform to expe-
dite and streamline procurements necessary to
meet such goals.
(C) ALTERNATIVES.—The range of legisla-
tive, regulatory, and policy alternatives to ad-
132
dress identified needs and goals, including fund-
ing needs.
(D) 
RECOMMENDATIONS.—Recommenda-
tions regarding procurement standards, includ-
ing recommendations regarding any changes in
Federal and State statutes, regulations, and
policies necessary for expedited and streamlined
procurements.
(4) REPORT
AND
RECOMMENDATIONS.—Not
later than March 31, 2006, the Secretary shall
transmit to the appropriate committees of Congress
a final report regarding the results of the study con-
ducted under this subsection and recommendations
to address the needs identified in such study.
(5) 
INITIATION
OF
RULEMAKING
PRO-
CEEDING.—To the extent any recommendation made
by the Secretary under this subsection may be im-
plemented by regulation, the Secretary shall initiate
a rulemaking proceeding to address such rec-
ommendation not later than the 90th day following
the date of submission of the report under para-
graph (4).
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
133
Account) $1,000,000 in fiscal year 2005 to carry out
this subsection.
(7) APPLICABILITY OF TITLE 23.—Funds made
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of the study under this subsection shall be
100 percent and such funds shall remain available
until expended.
SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA-
TION PROGRAM.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish
a real-time system management information pro-
gram to provide, in all States, the capability to mon-
itor, in real-time, the traffic and travel conditions of
the Nation’s major highways and to share that in-
formation to improve the security of the surface
transportation system, to address congestion prob-
lems, to support improved response to weather
events and surface transportation incidents, and to
facilitate national and regional highway traveler in-
formation.
134
(2) PURPOSES.—The purposes of the real-time
system management information program are to—
(A) establish, in all States, a system of
basic real-time information for managing and
operating the surface transportation system;
(B) identify longer range real-time high-
way and transit monitoring needs and develop
plans and strategies for meeting such needs;
and
(C) provide the capability and means to
share that data with State and local govern-
ments and the traveling public.
(b) NATIONAL STEERING COMMITTEE.—
(1) IN GENERAL.—The Secretary shall establish
a national steering committee to assist in the devel-
opment of data exchange formats under subsection
(c).
(2) REPRESENTATIVES.—The national steering
committee shall consist of representatives of State
transportation departments, metropolitan planning
organizations, local governments, nonprofit entities,
the private sector, and academia.
(3) PURPOSE.—The purpose of the national
steering committee shall be to provide guidance re-
135
garding the content and uniformity of data exchange
formats.
(c) DATA EXCHANGE FORMATS.—Not later than 2
years after the date of enactment of this Act, the Sec-
retary shall establish data exchange formats based on rec-
ommendations of the steering committee established under
subsection (b) to ensure that the data provided by highway
and transit monitoring systems, including statewide inci-
dent reporting systems, can readily be exchanged across
jurisdictional boundaries, facilitating nationwide avail-
ability of information.
(d) REGIONAL INTELLIGENT TRANSPORTATION SYS-
TEM ARCHITECTURE.—
(1) ADDRESSING
INFORMATION
NEEDS.—As
State and local governments develop or update re-
gional intelligent transportation system architec-
tures, described in section 940.9 of title 23, Code of
Federal Regulations, such governments shall explic-
itly address real-time highway and transit informa-
tion needs and the systems needed to meet such
needs, including addressing coverage, monitoring
systems, data fusion and archiving, and methods of
exchanging or sharing highway and transit informa-
tion.
136
(2) DATA EXCHANGE.—States shall incorporate
the data exchange formats established by the Sec-
retary under subsection (c) to ensure that the data
provided by highway and transit monitoring systems
may readily be exchanged with State and local gov-
ernments and may be made available to the traveling
public.
(e) ELIGIBILITY.—Subject to project approval by the
Secretary, a State may obligate funds apportioned to the
State under sections 104(b)(1), 104(b)(2), and 104(b)(3)
of title 23, United States Code, for activities related to
the planning and deployment of real-time monitoring ele-
ments that advance the goals and purposes described in
subsection (a).
(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or
otherwise affecting the applicability of the requirements
of chapter 1 of title 23, United States Code (including
requirements relating to the eligibility of a project for as-
sistance under the program, the location of the project,
and the Federal-share payable on account of the project),
to amounts apportioned to a State for a program under
section 104(b) that are obligated by the State for activities
and projects under this section.
137
(g) STATEWIDE INCIDENT REPORTING SYSTEM DE-
FINED.—In this section, the term ‘‘statewide incident re-
porting system’’ means a statewide system for facilitating
the real-time electronic reporting of surface transportation
incidents to a central location for use in monitoring the
event, providing accurate traveler information, and re-
sponding to the incident as appropriate.
SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR-
TATION SYSTEMS DEPLOYMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a comprehensive program to accelerate the integration,
interoperability, and deployment of intelligent transpor-
tation systems in order to improve the performance of the
surface transportation system in metropolitan and rural
areas.
(b) SELECTION OF MODEL PROJECTS.—Under the
program, the Secretary may make grants, through com-
petitive solicitation, for projects that will serve as models
to improve transportation efficiency, promote surface
transportation safety (including safe freight movement),
increase traffic flow (including the flow of intermodal trav-
el at ports of entry), reduce emissions of air pollutants,
improve traveler information, enhance alternative trans-
portation modes, build on existing intelligent transpor-
tation system projects, and promote tourism.
138
(c) OTHER PROJECTS, PROGRAMS, AND ACTIVI-
TIES.—Under the program, the Secretary may make
grants for projects, programs, and activities in metropoli-
tan and rural areas that—
(1) contribute to national deployment goals and
objectives outlined in the national intelligent trans-
portation system program plan;
(2) promote cooperation among agencies, juris-
dictions, and the private sector, as evidenced by
signed memoranda of understanding that clearly de-
fine the responsibilities and relations of all parties to
a partnership arrangement, including institutional
relationships and financial agreements needed to
support deployment of intelligent transportation sys-
tems;
(3) encourage private sector involvement and fi-
nancial commitment to such deployment to the max-
imum extent practicable through innovative financial
arrangements, especially public-private partnerships,
including arrangements that generate revenue to off-
set public investment costs;
(4) enhance fully integrated intelligent trans-
portation system deployment;
(5) create technical capacity for effective oper-
ations and maintenance of such systems;
139
(6) improve safety, mobility, geographic and re-
gional diversity, and economic development in de-
ployment of such systems;
(7) advance deployment of the 511 traveler in-
formation program; and
(8) advance deployment of other national sys-
tems, including a statewide incident reporting sys-
tem, wireless e-911 system, and road weather infor-
mation system.
(d) APPLICABILITY OF TITLE 23, UNITED STATES
CODE.—Funds authorized to be appropriated under sec-
tion 1101(a)(16) of this Act shall be available for obliga-
tion to carry out subsection (c)(7) in the same manner
and to the same extent as if such funds were apportioned
under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of projects carried out
under subsection (c)(7) shall be 80 percent and such funds
shall remain available until expended.
SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT.
(a) PURPOSE.—The purpose of this section is to en-
sure that a minimum of $2,500,000,000 of the amounts
authorized to be appropriated for the National Highway
System, Interstate maintenance, surface transportation,
and congestion mitigation and air quality improvement
140
programs for fiscal years 2005 through 2009 is utilized
to expand deployment of intelligent transportation sys-
tems.
(b) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended by inserting after section 149 the
following:
‘‘§ 150. Deployment of intelligent transportation sys-
tems
‘‘(a) IN GENERAL.—In each of fiscal years 2005
through 2009, each State shall obligate a portion of the
funds apportioned to the State under sections 104(b)(1),
104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year,
calculated under subsection (b), for projects described in
subsection (c) that support deployment of intelligent
transportation systems in the State.
‘‘(b) CALCULATION OF AMOUNT.—The portion of a
State’s apportionments to be obligated under subsection
(a) for projects described in subsection (c) in a fiscal year
shall be determined by multiplying $500,000,000 by the
ratio that—
‘‘(1) the aggregate of amounts apportioned to
the State for such fiscal year under sections
104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4);
bears to
141
‘‘(2) the aggregate of amounts apportioned to
all States for such fiscal year under such sections.
‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT PROJECTS.—Projects for which funds must be
obligated under this section include the following:
‘‘(1) PERFORMANCE.—Establishment and im-
plementation of operations systems and services that
improve performance in the areas of traffic oper-
ations, emergency response to surface transportation
incidents, surface transportation incident manage-
ment, weather event response management by State
and local authorities, surface transportation network
and facility management, construction and work
zone management, and traffic flow information.
‘‘(2) NETWORKS.—Conducting activities that
support the creation of networks that link metropoli-
tan and rural surface transportation systems into an
integrated data network, capable of collecting, shar-
ing, and archiving transportation system traffic con-
dition and performance information.
‘‘(3) SAFETY.—Implementation of intelligent
transportation system technologies that improve
highway safety through linkages connecting the vehi-
cle, the infrastructure, and information to the driver.