II Calendar No. 541 112th CONGRESS 2d Session S. 1953 [Report No. 112–236] 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.
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.
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. .
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:
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. .
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: 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. I
Bureau of Transportation Statistics
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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. .
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. .
7.
Prize authority
(a)
In general
Chapter 3 of title 49, United States Code, is amended by inserting before section 336 the following:
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. .
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; .
9.
Use of funds for intelligent transportation systems activities
Section 513 of title 23, United States Code, is amended to read as follows:
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.
.
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:
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. .
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.
November 13, 2012 Reported without amendment