[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Reported in Senate (RS)]
Calendar No. 541
112th CONGRESS
2d Session
S. 1953
[Report No. 112-236]
To reauthorize the Research and Innovative Technology Administration,
to improve transportation research and development, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2011
Mr. Lautenberg (for himself and Mr. Rockefeller) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
November 13, 2012
Reported by Mr. Rockefeller, without amendment
_______________________________________________________________________
A BILL
To reauthorize the Research and Innovative Technology Administration,
to improve transportation research and development, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Research and
Innovative Technology Administration Reauthorization Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. National Cooperative Freight Research Program.
Sec. 3. Multimodal Innovative Research Program.
Sec. 4. Bureau of Transportation Statistics.
Sec. 5. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
Sec. 6. Administrative authority.
Sec. 7. Prize authority.
Sec. 8. Transportation research and development.
Sec. 9. Use of funds for intelligent transportation systems activities.
Sec. 10. National Travel Data Program.
Sec. 11. Authorization of appropriations.
SEC. 2. NATIONAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
Section 509(d) of title 23, United States Code, is amended by
adding at the end the following:
``(6) Coordination of cooperative research.--The National
Academy of Sciences shall coordinate research agendas, research
project selections, and competitions across all transportation-
related cooperative research programs conducted by the National
Academy of Sciences to ensure program efficiency,
effectiveness, and sharing of research findings.''.
SEC. 3. MULTIMODAL INNOVATIVE RESEARCH PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5507. Multimodal Innovative Research Program
``(a) Establishment.--The Secretary of Transportation shall
establish a Multimodal Innovative Research Program (referred to in this
section as the `Program') in the Research and Innovative Technology
Administration.
``(b) Purpose.--The Program shall support--
``(1) national transportation policy, objectives, and goals
by applying state-of-the-art advanced technology solutions to
multimodal transportation issues; and
``(2) key partnerships throughout the Department of
Transportation and with other Federal agencies to fully
leverage their investments in transportation research and
technology developments to address transportation problems at
modal interfaces or affecting more than 1 transportation mode.
``(c) Content.--The Program shall--
``(1) address issues affecting--
``(A) policy;
``(B) cross-modal concerns, such as efficient and
intermodal goods and passenger movements;
``(C) the development of advanced vehicle
technologies;
``(D) the application of existing technologies; and
``(E) the integration of multimodal real-time
transportation information systems;
``(2) competitively award contracts or cooperative
agreements for advanced multimodal transportation research to
facilitate practical innovative approaches to solve
transportation problems related to attaining--
``(A) the strategic goals of the Department of
Transportation; and
``(B) multimodal elements of the Transportation
Research and Development Strategic Plan required under
section 508 of title 23;
``(3) demonstrate transportation system applications of
advanced transportation technologies, methodologies, policies,
and decisions;
``(4) disseminate best practices in planning, operations,
design, and maintenance of transportation and related systems;
and
``(5) provide technology identification, modification, and
dissemination through outreach to other Federal agencies, State
and local transportation agencies, and other public, private,
and academic stakeholders in the industry.
``(d) Coordination.--The Secretary of Transportation shall
coordinate activities under this section with other Federal agencies,
as appropriate.
``(e) Funding.--
``(1) In general.--Of the amounts appropriated pursuant to
section 11 of the Research and Innovative Technology
Administration Reauthorization Act of 2011, $20,000,000 shall
be made available for each of the fiscal year 2012 and 2013 to
establish and maintain the Multimodal Innovative Research
Program.
``(2) Management and oversight.--During each of the fiscal
years 2012 and 2013, the Secretary of Transportation may not
expend more than 1.5 percent of the amounts made available
under paragraph (1) to carry out management and oversight of
the Multimodal Innovative Research Program.''.
(b) Clerical Amendment.--The chapter analysis for chapter 55 of
title 49, United States Code, is amended by inserting after the item
relating to section 5506 the following:
``5507. Multimodal Innovative Research Program.''.
SEC. 4. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end the following:
``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS
``subchapter i--bureau of transportation statistics
``Sec.
``6301. Establishment.
``6302. Director.
``6303. Responsibilities.
``6304. National Transportation Library.
``6305. Advisory Council on Transportation Statistics.
``6306. Transportation statistical collection, analysis, and
dissemination.
``6307. Furnishing information, data, or reports by Federal agencies.
``6308. Prohibition on certain disclosures.
``6309. Data access.
``6310. Proceeds of data product sales.
``6311. Information collection.
``6312. National transportation atlas database.
``6313. Limitations on statutory construction.
``6314. Research and development grants.
``6315. Transportation statistics annual report.
``6316. Mandatory response authority for data collections.
``SUBCHAPTER I--BUREAU OF TRANSPORTATION STATISTICS
``Sec. 6301. Establishment
``There is established, in the Research and Innovative Technology
Administration, a Bureau of Transportation Statistics (referred to in
this subchapter as the `Bureau').
``Sec. 6302. Director
``(a) Appointment.--The Bureau shall be headed by a Director, who
shall be appointed in the competitive service by the Secretary of
Transportation.
``(b) Qualifications.--The Director shall be appointed from among
individuals who are qualified to serve as the Director by virtue of
their training and experience in the collection, analysis, and use of
transportation statistics.
``Sec. 6303. Responsibilities
``(a) Duties of the Director.--The Director, who shall serve as the
Secretary of Transportation's senior advisor on data and statistics,
shall be responsible for carrying out the following duties:
``(1) Ensuring that the statistics compiled under paragraph
(6) are designed to support transportation decisionmaking 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) Establishing a program, on behalf of the Secretary--
``(A) to effectively integrate safety data across
modes; and
``(B) to address gaps in existing safety data
programs of the Department of Transportation.
``(3) Working with the operating administrations of the
Department of Transportation--
``(A) to establish and implement the Bureau's data
programs; and
``(B) to improve the coordination of information
collection efforts with other Federal agencies.
``(4) Continually improving surveys and data collection
methods to improve the accuracy and utility of transportation
statistics.
``(5) Encouraging the standardization of data, data
collection methods, and data management and storage
technologies for data collected by the Bureau, the operating
administrations of the Department of Transportation, States,
local governments, metropolitan planning organizations, and
private sector entities.
``(6) Collecting, compiling, analyzing, and publishing a
comprehensive set of transportation statistics on the
performance and impacts of the national transportation system,
including statistics on--
``(A) transportation safety across all modes and
intermodally;
``(B) the state of good repair of United States
transportation infrastructure.
``(C) the extent, connectivity, and condition of
the transportation system, building on the national
transportation atlas database developed under section
6312;
``(D) economic efficiency throughout the entire
transportation sector;
``(E) the effects of the transportation system on
global and domestic economic competitiveness;
``(F) demographic, economic, and other variables
influencing travel behavior, including choice of
transportation mode and goods movement;
``(G) transportation-related variables that
influence the domestic economy and global
competitiveness;
``(H) the economic costs and impacts for passenger
travel and freight movement;
``(I) intermodal and multimodal passenger movement;
``(J) intermodal and multimodal freight movement;
and
``(K) the consequences of transportation for the
human and natural environment, sustainable
transportation, and livable communities.
``(7) Building and disseminating the transportation layer
of the National Spatial Data Infrastructure developed under
Executive Order 12906, including--
``(A) coordinating the development of
transportation geospatial data standards;
``(B) compiling intermodal geospatial data; and
``(C) collecting geospatial data that is not being
collected by others.
``(8) Issuing guidelines for the collection of information
by the Department of Transportation that is required for
transportation statistics, modeling, economic assessment, and
program assessment in order to ensure that such information is
accurate, reliable, relevant, uniform and in a form that
permits systematic analysis by the Department.
``(9) Reviewing and reporting to the Secretary of
Transportation on the sources and reliability of--
``(A) the statistics proposed by the heads of the
operating administrations of the Department of
Transportation to measure outputs and outcomes, as
required by the Government Performance and Results Act
of 1993 (Public Law 103-62; 107 Stat. 285); and
``(B) other data collected or statistical
information published by the heads of the operating
administrations of the Department.
``(10) Making the statistics published under this
subsection readily accessible to the public, consistent with
applicable security constraints and confidentiality interests.
``(b) Access to Federal Data.--In carrying out subsection (a)(2),
the Director shall be provided access to--
``(1) all safety data held by any agency of the Department;
and
``(2) all safety data held by any other Federal Government
agency that is germane to carrying out subsection (a), upon
written request and subject to any statutory or regulatory
restrictions.
``(c) Intermodal Transportation Database.--
``(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 establish and maintain a transportation
database for all modes of transportation.
``(2) Use of database.--The database established under this
subsection shall be suitable for analyses carried out by the
Federal Government, the States, and metropolitan planning
organizations.
``(3) Contents.--The database established under this
section shall include--
``(A) information on the volumes and patterns of
movement, including local, interregional, and
international movement--
``(i) of goods by all modes of
transportation and intermodal combinations, and
by relevant classification; and
``(ii) of people by all modes of
transportation (including bicycle and
pedestrian modes) and intermodal combinations,
and by relevant classification;
``(B) information on the location and connectivity
of transportation facilities and services; and
``(C) a national accounting of expenditures and
capital stocks on each mode of transportation and
intermodal combination.
``Sec. 6304. National Transportation Library
``(a) Purpose and Establishment.--There is established, in the
Bureau, a National Transportation Library (referred to in this section
as the `Library'), which shall--
``(1) support the information management and decisionmaking
needs of transportation at Federal, State, and local levels;
``(2) be headed by an individual who is highly qualified in
library and information science;
``(3) acquire, preserve, and manage transportation
information and information products and services for use of
the Department of Transportation, other Federal agencies, and
the general public;
``(4) provide reference and research assistance;
``(5) serve as a central depository for research results
and technical publications of the Department of Transportation;
``(6) provide a central clearinghouse for transportation
data and information in the Federal Government;
``(7) serve as coordinator and policy lead for
transportation information access;
``(8) provide transportation information and information
products and services to the Department of Transportation,
other agencies of the Federal Government, public and private
organizations, and individuals, within the United States and
internationally;
``(9) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and technical
assistance centers, in conjunction with private industry and
other transportation library and information centers, toward
the development of a comprehensive transportation information
and knowledge network supporting activities described in
subparagraphs (A) through (K) of section 6303(a)(6); and
``(10) engage in such other activities as the Director
determines appropriate and as the Library's resources permit.
``(b) Access.--The Director shall publicize, facilitate, and
promote access to the information products and services described in
subsection (a) to improve--
``(1) the ability of the transportation community to share
information; and
``(2) the ability of the Director to make statistics and
other information readily accessible under section 6303(a)(10).
``(c) Agreements.--
``(1) In general.--The Director may enter into agreements
with, award grants to, and receive funds from any State and
other political subdivision, organization, business, or
individual for the purpose of conducting activities under this
section.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data management,
access, and exchange activities in connection with matters
relating to Department of Transportation's strategic goals,
knowledge networking, and national and international
cooperation by entering into contracts or awarding grants for
the conduct of such activities.
``(3) Funds.--Amounts received under this subsection for
payments for library products and services or other activities
shall--
``(A) be deposited in the Research and Innovative
Technology Administration's general fund account; and
``(B) remain available to the Library until
expended.
``Sec. 6305. Advisory Council on Transportation Statistics
``(a) In General.--The Director shall maintain an Advisory Council
on Transportation Statistics (referred to in this section as the
`Advisory Council').
``(b) Function.--The Advisory Council shall advise the Director
on--
``(1) the quality, reliability, consistency, objectivity,
and relevance of transportation statistics and analyses
collected, supported, or disseminated by the Bureau and the
Department of Transportation; and
``(2) methods to encourage cooperation and interoperability
of transportation data collected by the Bureau, the operating
administrations of the Department, States, local governments,
metropolitan planning organizations, and private sector
entities.
``(c) Membership.--
``(1) In general.--The Advisory Council shall be composed
of not fewer than 9 members and not more than 11 members, who
shall be appointed by the Director.
``(2) Selection.--In selecting members for the Advisory
Council, the Director shall appoint individuals who--
``(A) are not officers or employees of the United
States;
``(B) possess expertise in--
``(i) transportation data collection,
analysis, or application;
``(ii) economics; or
``(iii) transportation safety; and
``(C) represent a cross section of transportation
stakeholders, to the greatest extent possible.
``(3) Terms of appointment.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Council--
``(i) shall be appointed to staggered terms
not to exceed 3 years; and
``(ii) may be renominated for 1 additional
3-year term.
``(B) Current members.--Members serving on the
Advisory Council as of the date of the enactment of the
Research and Innovative Technology Administration
Reauthorization Act of 2011 shall serve until the end
of their appointed terms.
``(d) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (except for section 14 of such Act) shall apply
to the Advisory Council.
``Sec. 6306. Transportation statistical collection, analysis, and
dissemination
``To ensure that all transportation statistical collection,
analysis, and dissemination is carried out in a coordinated manner, the
Director may--
``(1) utilize, with their consent, the services, equipment,
records, personnel, information, and facilities of other
Federal, State, local, and private agencies and
instrumentalities with or without reimbursement for such
utilization;
``(2) enter into agreements with agencies and
instrumentalities referred to in paragraph (1) for purposes of
data collection and analysis;
``(3) confer and cooperate with foreign governments,
international organizations, States, municipalities, and other
local agencies;
``(4) request such information, data, and reports from any
Federal agency as may be required to carry out the purposes of
this section;
``(5) encourage replication, coordination, and sharing
among transportation agencies regarding information systems,
information policy, and data; and
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this section,
including by entering into cooperative data sharing agreements
in conformity with all laws and regulations applicable to the
disclosure and use of data.
``Sec. 6307. Furnishing information, data, or reports by Federal
agencies
``Federal agencies requested to furnish information, data, or
reports under section 6303(b) shall provide such information to the
Bureau as is required to carry out the purposes of this section.
``Sec. 6308. Prohibition on certain disclosures
``(a) In General.--An officer, employee, or contractor of the
Bureau may not--
``(1) make any disclosure in which the data provided by an
individual or organization under section 6303 can be
identified;
``(2) use the information provided under section 6303 for a
nonstatistical purpose; or
``(3) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
section 6303.
``(b) Copies of Reports.--
``(1) In general.--A department, bureau, agency, officer,
or employee of the United States (except the Director in
carrying out this section) may not require, for any reason, a
copy of any report that has been filed under section 6303 with
the Bureau or retained by an individual respondent.
``(2) Limitation on judicial proceedings.--A copy of a
report described in paragraph (1) that has been retained by an
individual respondent or filed with the Bureau or any of its
employees, contractors, or agents--
``(A) shall be immune from legal process; and
``(B) may 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 administrative proceedings.
``(3) Applicability.--This subsection shall only apply to
reports that permit information concerning an individual or
organization to be reasonably determined by direct or indirect
means.
``(c) Informing Respondent of Use of Data.--If the Bureau is
authorized by statute to collect data or information for a
nonstatistical purpose, the Director shall clearly distinguish the
collection of such data or information, by rule and on the collection
instrument, to inform a respondent who is requested or required to
supply the data or information of the nonstatistical purpose.
``Sec. 6309. Data access
``The Director shall be provided access to transportation and
transportation-related information in the possession of any Federal
agency, except--
``(1) information that is expressly prohibited by law from
being disclosed to another Federal agency; or
``(2) information that the agency possessing the
information determines could not be disclosed without
significantly impairing the discharge of authorities and
responsibilities which have been delegated to, or vested by
law, in such agency.
``Sec. 6310. Proceeds of data product sales
``Notwithstanding section 3302 of title 31, amounts received by the
Bureau 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 such expenses.
``Sec. 6311. Information collection
``As the head of an independent Federal statistical agency, the
Director may consult directly with the Office of Management and Budget
concerning any survey, questionnaire, or interview that the Director
considers necessary to carry out the statistical responsibilities under
this subchapter.
``Sec. 6312. National transportation atlas database
``(a) In General.--The Director shall develop and maintain a
national transportation atlas database that is comprised of geospatial
databases that depict--
``(1) transportation networks;
``(2) flows of people, goods, vehicles, and craft over the
networks; and
``(3) social, economic, and environmental conditions that
affect, or are affected by, the networks.
``(b) Intermodal Network Analysis.--The databases developed under
subsection (a) shall be capable of supporting intermodal network
analysis.
``Sec. 6313. Limitations on statutory construction
``Nothing in this subchapter may 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 to independently collect and disseminate data.
``Sec. 6314. Research and development grants
``The Secretary may award grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private entities
(including State transportation departments, metropolitan planning
organizations, and institutions of higher education) for--
``(1) investigation of the subjects specified in section
6303 and research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
``(2) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
``(3) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under section 6304; and
``(4) development and improvement of methods for sharing
geographic data, in support of the database under section 6303
and the National Spatial Data Infrastructure.
``Sec. 6315. Transportation statistics annual report
``The Director shall submit to the President and Congress a
transportation statistics annual report, which shall include--
``(1) information on items referred to in section
6303(a)(6);
``(2) documentation of methods used to obtain and ensure
the quality of the statistics presented in the report; and
``(3) recommendations for improving transportation
statistical information.
``Sec. 6316. Mandatory response authority for data collections
``Any individual who, as the owner, official, agent, person in
charge, or assistant to the person in charge of any corporation,
company, business, institution, establishment, organization of any
nature or the member of a household, neglects or refuses, after
requested by the Director or other authorized officer, employee, or
contractor of the Bureau, to answer completely and correctly to the
best of the individual's knowledge all questions relating to the
corporation, company, business, institution, establishment, or other
organization or household, or to make available records or statistics
in the individual's official custody, contained in a data collection
request prepared and submitted under section 6303(a)--
``(1) shall be fined not more than $500, except as provided
under paragraph (2); and
``(2) if the individual willfully gives a false answer to
such a question, shall be fined not more than $10,000.''.
(b) Rules of Construction.--In transferring the provisions under
section 111 of title 49, United States Code, to chapter 63 of title 49,
as added by subsection (a), the following rules of construction shall
apply:
(1) For purposes of determining whether 1 provision of law
supersedes another based on enactment later in time, a
provision under chapter 63 of title 49, United States Code, is
deemed to have been enacted on the date of the enactment of the
corresponding provision under section 111 of such title.
(2) A reference to a provision under such chapter 65 is
deemed to refer to the corresponding provision under such
section 111.
(3) A reference to a provision under such section 111,
including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision under such
chapter 65.
(4) A regulation, order, or other administrative action
authorized by a provision under such section 111 continues to
be authorized by the corresponding provision under such chapter
65.
(5) An action taken or an offense committed under a
provision of section 111 is deemed to have been taken or
committed under the corresponding provision of chapter 65.
(c) Conforming Amendments.--
(1) Repeal.--Chapter 1 of title 49, United States Code, is
amended--
(A) by repealing section 111; and
(B) by striking the item relating to section 111 in
the chapter analysis.
(2) Analysis of subtitle iii.--The table of chapters for
subtitle III of title 49, United States Code, is amended by
inserting after the item for chapter 61 the following:
``63. Bureau of Transportation Statistics . . . . . . . . . . .
. . . . . . . . . . . . 6301''.
SEC. 5. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE
COMMUNICATIONS SYSTEMS DEPLOYMENT.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, as amended by section 3, is further amended by adding at
the end the following:
``Sec. 5508. GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment
``(a) In General.--Not later than 3 years after the date of the
enactment of this section, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Energy and Commerce of the House
of Representatives that--
``(1) defines a recommended implementation path for
Dedicated Short Range Communications (DSRC) technology and
applications; and
``(2) includes guidance concerning the relationship of the
proposed DSRC deployment to Intelligent Transportation System
National Architecture and Standards.
``(b) Report Review.--The Secretary shall enter into an agreement
for the review of the report submitted under subsection (a) by an
independent third party with subject matter expertise.''.
(b) Conforming Amendment.--The analysis of chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5507, as added by section 3, the following:
``5508. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.''.
SEC. 6. ADMINISTRATIVE AUTHORITY.
Section 112 of title 49, United States Code, is amended by
inserting after subsection (e) the following:
``(f) Program Evaluation and Oversight.--The Administrator is
authorized to expend not more than 1.5 percent of the amounts
authorized to be appropriated for each of the fiscal years 2012 and
2013, for necessary expenses for administration and operations of the
Research and Innovative Technology Administration for the coordination,
evaluation, and oversight of the programs administered by the
Administration.
``(g) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the deployment
of new technology, the Administrator may carry out, on a cost-
shared basis, collaborative research and development with--
``(A) non-Federal entities, including State and
local governments, foreign governments, colleges and
universities, corporations, institutions, partnerships,
sole proprietorships, and trade associations that are
incorporated or established under the laws of any
State;
``(B) Federal laboratories; and
``(C) other Federal agencies.
``(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Administrator
may directly initiate contracts, grants, other transactions,
and cooperative research and development agreements (as defined
in section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a)) to fund, and accept funds from, the
Transportation Research Board of the National Research Council
of the National Academy of Sciences, State departments of
transportation, cities, counties, universities, associations,
and the agents of such entities to conduct joint transportation
research and technology efforts.
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this
subsection may not exceed 50 percent unless the
Secretary approves a greater Federal share due to
substantial public interest or benefit.
``(B) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, facility, and hardware development
costs, shall be credited toward the non-Federal share
of the cost of the activities described in subparagraph
(A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract, grant, or other agreement entered into under this
chapter.''.
SEC. 7. PRIZE AUTHORITY.
(a) In General.--Chapter 3 of title 49, United States Code, is
amended by inserting before section 336 the following:
``SEC. 335. PRIZE AUTHORITY.
``(a) In General.--The Secretary of Transportation may carry out a
program, in accordance with this section, to competitively award cash
prizes to stimulate innovation in basic and applied research,
technology development, and prototype demonstration that have the
potential for application to the national transportation system.
``(b) Topics.--In selecting topics for prize competitions under
this section, the Secretary shall--
``(1) consult with a wide variety of Government and
nongovernment representatives; and
``(2) give consideration to prize goals that demonstrate
innovative approaches and strategies to improve the safety,
efficiency, and sustainability of the national transportation
system.
``(c) Advertising.--The Secretary shall encourage participation in
the prize competitions through extensive advertising.
``(d) Requirements and Registration.--For each prize competition,
the Secretary shall publish a notice on a public website that
describes--
``(1) the subject of the competition;
``(2) the eligibility rules for participation in the
competition;
``(3) the amount of the prize; and
``(4) the basis on which a winner will be selected.
``(e) Eligibility.--An individual or entity may not receive a prize
under this section unless the individual or entity--
``(1) has registered to participate in the competition
pursuant to any rules promulgated by the Secretary under this
section;
``(2) has complied with all the requirements under this
section;
``(3)(A) in the case of a private entity, is incorporated
in, and maintains a primary place of business in, the United
States; or
``(B) in the case of an individual, whether participating
singly or in a group, is a citizen or permanent resident of the
United States; and
``(4) is not a Federal entity or Federal employee acting
within the scope of his or her employment.
``(f) Liability.--
``(1) Assumption of risk.--
``(A) In general.--A registered participant shall
agree to assume any and all risks and waive claims
against the Federal Government and its related
entities, except in the case of willful misconduct, for
any injury, death, damage, or loss of property,
revenue, or profits, whether direct, indirect, or
consequential, arising from participation in a
competition, whether such injury, death, damage, or
loss arises through negligence or otherwise.
``(B) Related entity.--In this paragraph, the term
`related entity' means a contractor, subcontractor (at
any tier), supplier, user, customer, cooperating party,
grantee, investigator, or detailee.
``(2) Financial responsibility.--A participant shall obtain
liability insurance or demonstrate financial responsibility, in
amounts determined by the Secretary, for claims by--
``(A) a third party for death, bodily injury, or
property damage, or loss resulting from an activity
carried out in connection with participation in a
competition, with the Federal Government named as an
additional insured under the registered participant's
insurance policy and registered participants agreeing
to indemnify the Federal Government against third party
claims for damages arising from or related to
competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--
``(1) Selection.--For each prize competition, the
Secretary, either directly or through an agreement under
subsection (h), shall assemble a panel of qualified judges to
select the winner or winners of the prize competition on the
basis described in subsection (d). Judges for each competition
shall include individuals from outside the Administration,
including the private sector.
``(2) Limitations.--A judge selected under this subsection
may not--
``(A) have personal or financial interests in, or
be an employee, officer, director, or agent of, any
entity that is a registered participant in a prize
competition under this section; or
``(B) have a familial or financial relationship
with an individual who is a registered participant.
``(h) Administering the Competition.--The Secretary may enter into
an agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
``(i) Funding.--
``(1) Private sector funding.--A cash prize under this
section may consist of funds appropriated by the Federal
Government and funds provided by the private sector. The
Secretary may accept funds from other Federal agencies, State
and local governments, and metropolitan planning organizations
for the cash prizes. The Secretary may not give any special
consideration to any private sector entity in return for a
donation under this paragraph.
``(2) Availability of funds.--Notwithstanding any other
provision of law, amounts appropriated for prize awards under
this section--
``(A) shall remain available until expended; and
``(B) may not be transferred, reprogrammed, or
expended for other purposes until after the expiration
of the 10-year period beginning on the last day of the
fiscal year for which the funds were originally
appropriated.
``(3) Savings provision.--Nothing in this subsection may be
construed to permit the obligation or payment of funds in
violation of the Anti-Deficiency Act (31 U.S.C. 1341).
``(4) Prize announcement.--A prize may not be announced
under this section until all the funds needed to pay out the
announced amount of the prize have been appropriated or
committed in writing by a private source.
``(5) Prize increases.--The Secretary may increase the
amount of a prize after the initial announcement of the prize
under this section if--
``(A) notice of the increase is provided in the
same manner as the initial notice of the prize; and
``(B) the funds needed to pay out the announced
amount of the increase have been appropriated or
committed in writing by a private source.
``(6) Congressional notification.--A prize competition
under this section may offer a prize in an amount greater than
$1,000,000 only after 30 days have elapsed after written notice
has been transmitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
``(7) Award limit.--A prize competition under this section
may not result in the award of more than $25,000 in cash prizes
without the approval of the Secretary.
``(j) Use of Department Name and Insignia.--A registered
participant in a prize competition under this section may use the
Department's name, initials, or insignia only after prior review and
written approval by the Secretary.
``(k) Compliance With Existing Law.--The Federal Government shall
not, by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws, and related regulations.''.
(b) Conforming Amendment.--The analysis of chapter 3 of title 49,
United States Code, is amended by inserting before the item relating to
section 336 the following:
``335. Prize authority.''.
SEC. 8. TRANSPORTATION RESEARCH AND DEVELOPMENT.
Section 508(a) of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``SAFETEA-LU'' and
inserting ``Research and Innovative Technology Administration
Reauthorization Act of 2011''; and
(2) by amending paragraph (2)(A) to read as follows:
``(A) describe the primary purposes of the
transportation research and development program, which
shall include--
``(i) promoting safety;
``(ii) reducing congestion and improving
mobility;
``(iii) promoting security;
``(iv) protecting and enhancing the
environment;
``(v) preserving the existing
transportation system; and
``(vi) improving transportation
infrastructure, in coordination with Department
of Transportation strategic goals and planning
efforts;''.
SEC. 9. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION SYSTEMS ACTIVITIES.
Section 513 of title 23, United States Code, is amended to read as
follows:
``Sec. 513. Use of funds for ITS activities
``(a) In General.--The Secretary may use not more than $500,000 of
the amounts made available to the Department for each fiscal year to
carry out the Intelligent Transportation Systems Program (referred to
in this section as `ITS') on intelligent transportation system
outreach, websites, public relations, displays, tours, and brochures.
``(b) Purpose.--Amounts authorized for use under subsection (a) are
intended to develop, administer, communicate, and promote the use of
products of research, technology, and technology transfer programs
under this section.
``(c) ITS Deployment Incentives.--
``(1) In general.--The Secretary may develop and implement
incentives to accelerate the deployment of ITS technologies and
services within all programs receiving amounts appropriated
pursuant to section 11 of the Research and Innovative
Technology Administration Reauthorization Act of 2011.
``(2) Comprehensive plan.--The Secretary shall develop a
detailed and comprehensive plan to carry out this subsection
that addresses how incentives may be adopted, as appropriate,
through the existing deployment activities carried out by
surface transportation modal administrations.''.
SEC. 10. NATIONAL TRAVEL DATA PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, as amended by sections 3 and 5, is further amended by
adding at the end the following:
``Sec. 5509. National Travel Data Program
``(a) Establishment.--Not later than 18 months after the date of
the enactment of the Research and Innovative Technology Administration
Reauthorization Act of 2011, the Secretary of Transportation shall
establish the National Travel Data Program (referred to in this section
as the ``Program'') to collect essential national passenger and freight
travel data to help guide transportation operations, policy, and
investment decisions for Federal, State, and local governments and the
private sector.
``(b) Program Elements.--In carrying out the Program, the Secretary
shall--
``(1) collect data and make such data available to support
transportation operations, policy, and investment decisions,
including data on system performance, safety, international
competitiveness, energy efficiency, and changes in
demographics;
``(2) improve the quality of the data collected under the
Program, including identifying and addressing current gaps in
passenger and freight travel data collection, such as the
sample sizes and frequency of transportation surveys including
the Commodity Flow Survey, the National Household Travel
Survey, and the Transportation Services Index; and
``(3) consult with State and local governments, private
sector data providers, and professional and nonprofit
associations to improve the integration, management, and
implementation of data collected under the Program.
``(c) Advisory Council on Transportation Statistics.--
``(1) Establishment.--In carrying out the Program, the
Secretary shall seek recommendations from the Advisory Council
on Transportation Statistics, established under section 6305
on--
``(A) the design and implementation of the Program;
``(B) emerging transportation-related data needs
relevant to the Program; and
``(C) other matters the Secretary determines to be
appropriate.
``(d) Reports to Congress.--
``(1) 5-year plan.--Not later than 1 year after the date of
the enactment of the Research and Innovative Technology
Administration Reauthorization Act of 2011, the Secretary shall
submit, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a 5-year plan for implementing the National
Travel Data Program that includes benchmarks and goals.
``(2) Biennial report.--Upon the establishment of the
National Travel Data Program, and every 2 years thereafter, the
Secretary shall submit a report on the activities of the
Program to the congressional committees set forth in paragraph
(1).
``(e) Funding.--Of the amounts made available under section 11 of
the Research and Innovative Technology Administration Reauthorization
Act of 2011, $8,000,000 shall be available for each of the fiscal years
2012 and 2013 to establish and maintain the Program.''.
(b) Clerical Amendment.--The chapter analysis for chapter 55 of
title 49, United States Code, as amended by sections 3 and 5, is
further amended by inserting after the item relating to section 5508
the following:
``5509. National Travel Data Program.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account), under the
conditions set forth in subsection (b)--
(1) $55,297,000 for fiscal year 2012; and
(2) $55,597,000 for fiscal year 2013.
(b) Applicability of Title 23, United States Code.--
(1) In general.--Except as provided in paragraph (2),
amounts appropriated pursuant to subsection (a) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of a
project or activity carried out with amounts appropriated
pursuant to subsection (a) shall be 50 percent unless another
percentage is--
(A) expressly provided under this Act or the
amendments made by this Act; or
(B) determined by the Secretary.
(3) Availability; transferability.--Amounts appropriated
pursuant to subsection (a) shall remain available until
expended and shall not be transferable.
Calendar No. 541
112th CONGRESS
2d Session
S. 1953
[Report No. 112-236]
_______________________________________________________________________
A BILL
To reauthorize the Research and Innovative Technology Administration,
to improve transportation research and development, and for other
purposes.
_______________________________________________________________________
November 13, 2012
Reported without amendment