HR 3 - Transportation Equity Act: Legacy for Users, ITS provisions as passed by the US House of Representatives
TITLE I--FEDERAL-AID HIGHWAYSSubtitle A--Authorization of Programs
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General- The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM- For the Interstate maintenance program under section 119 of title 23, United States Code, $4,323,076,000 for fiscal year 2004, $4,486,153,000 for fiscal year 2005, $4,601,932,000 for fiscal year, 2006, $4,715,480,000 for fiscal year 2007, $4,831,867,000 for fiscal year 2008, and $4,951,164,000 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103 of that title, $5,187,691,000 for fiscal year 2004, $5,557,383,000 for fiscal year 2005, $5,705,318,000 for fiscal year 2006, $5,831,576,000 for fiscal year 2007, $5,971,240,000 for fiscal year 2008, and $6,111,396,000 for fiscal year 2009.
(3) BRIDGE PROGRAM- For the bridge program under section 144 of that title, $3,709,440,000 for fiscal year 2004, $3,942,176,000 for fiscal year 2005, $4,037,231,000 for fiscal year 2006, $4,134,661,000 for fiscal year 2007, $4,234,528,000 for fiscal year 2008, and $4,336,891,000 for fiscal year 2009.
(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM- For the highway safety improvement program under sections 130 and 152 of that title, $630,000,000 for fiscal year 2005, $645,000,000 for fiscal year 2006, $660,000,000 for fiscal year 2007, $680,000,000 for fiscal year 2008, and $695,000,000 for fiscal year 2009. Of such funds 1/3 per fiscal year shall be available to carry out section 130 and 2/3 shall be available to carry out section 152.
(5) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of that title, $6,052,306,000 for fiscal year 2004, $6,950,614,000 for fiscal year 2005, $6,788,704,000 for fiscal year 2006, $6,947,672,000 for fiscal year 2007, $7,110,614,000 for fiscal year 2008, and $7,282,629,000 for fiscal year 2009.
(6) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program under section 149 of that title, $1,469,846,000 for fiscal year 2004, $1,521,592,000 for fiscal year 2005, $1,559,257,000 for fiscal year 2006, $1,597,863,000 for fiscal year 2007, $1,637,435,000 for fiscal year 2008, and $1,677,996,000 for fiscal year 2009.
(7) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM- For the Appalachian development highway system program under section 14501 of title 40, United States Code, $460,000,000 for fiscal year 2004 and $470,000,000 for each of fiscal years 2005 through 2009.
(8) RECREATIONAL TRAILS PROGRAM- For the recreational trails program under section 206 of title 23, United States Code, $53,000,000 for fiscal year 2004, $70,000,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $90,000,000 for fiscal year 2007, $100,000,000 for fiscal year 2008, and $110,000,000 for fiscal year 2009.
(9) FEDERAL LANDS HIGHWAYS PROGRAM-
(A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of title 23, United States Code, $325,000,000 for fiscal year 2004, $365,000,000 for fiscal year 2005, $390,000,000 for fiscal year 2006, $395,000,000 for fiscal year 2007, $420,000,000 for fiscal year 2008, and $420,000,000 for fiscal year 2009.
(B) PARK ROADS AND PARKWAYS- For park roads and parkways roads under section 204 of that title, $170,000,000 for fiscal year 2004, $185,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $215,000,000 for fiscal year 2007, $225,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009.
(C) PUBLIC LANDS HIGHWAY- For public lands highway under section 204 of that title, $250,000,000 for fiscal year 2004, $260,000,000 for fiscal year 2005, $280,000,000 for fiscal year 2006, $280,000,000 for fiscal year 2007, $290,000,000 for fiscal year 2008, and $300,000,000 for fiscal year 2009.
(D) REFUGE ROADS- For refuge roads under section 204 of that title, $20,000,000 for each of fiscal years 2004 through 2009.
(10) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- For the national corridor infrastructure improvement program under section 1301 of this title, $600,000,000 for fiscal year 2005, $600,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, $600,000,000 for fiscal year 2008, and $600,000,000 for fiscal year 2009.
(11) COORDINATED BORDER INFRASTRUCTURE PROGRAM- For the coordinated border infrastructure program under section 1302 of this title, $200,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009.
(12) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE PROGRAM- For the projects of national and regional significance program under section 1304 of this title, $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal year 2006, $1,200,000,000 for fiscal year 2007, $1,300,000,000 for fiscal year 2008, and $1,300,000,000 for fiscal year 2009.
(13) NATIONAL SCENIC BYWAYS PROGRAM- For the national scenic byways program under section 162 of title 23, United States Code, $30,000,000 for fiscal year 2004, $40,000,000 for fiscal year 2005, $45,000,000 for fiscal year 2006, $55,000,000 for fiscal year 2007, $55,000,000 for fiscal year 2008, and $60,000,000 for fiscal year 2009.
(14) DEPLOYMENT OF 511 TRAVELER INFORMATION PROGRAM- For the 511 traveler information program under section 1204(c)(7) of this title, $6,000,000 for each of fiscal years 2005 through 2009.
(15) HIGH PRIORITY PROJECTS PROGRAM- For the high priority projects program under section 117 of title 23, United States Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for fiscal year 2006, $2,143,250,000 for fiscal year 2007, $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for fiscal year 2009.
(16) FREIGHT INTERMODAL CONNECTOR PROGRAM- For the freight intermodal connector program under section 1303 of this title, $421,000,000 for fiscal year 2005, $421,000,000 for fiscal year 2006, $421,000,000 for fiscal year 2007, $421,000,000 for fiscal year 2008, and $426,000,000 for fiscal year 2009.
(17) HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM- For the high risk rural road safety improvement program under section 1403 of this title, $105,000,000 for fiscal year 2005, $110,000,000 for fiscal year 2006, $120,000,000 for fiscal year 2007, $125,000,000 for fiscal year 2008, and $130,000,000 for fiscal year 2009.
(18) PEDESTRIAN AND CYCLIST EQUITY--SAFE ROUTES TO SCHOOL PROGRAM- For the safe routes to school program under section 1122(a) of this title, $175,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009.
SEC. 1123. NATIONAL COMMISSIONS.
(c) National Commission on Future of Interstate Highway System-
(4) SPECIFIC ISSUES AND DETAILS TO ADDRESS- The following specific issues and details shall be addressed as a part of the study under this subsection:
(F) POTENTIAL SYSTEM EXPANSION, UPGRADES, OR OTHER CHANGES- Deployment of advanced materials and intelligent technologies; critical multi-state rural corridors needing capacity, safety, and operational enhancements; urban and multi-state corridor additions; bypasses of major cities that ensure efficient long-haul travel; improvements to inter-modal linkages; strategies to enhance asset preservation; and implementation strategies.
Subtitle B--Congestion ReliefSEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT 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:
`Sec. 166. Transportation systems management and operations
`(a) Authority- The Secretary may--
`(1) encourage transportation system managers, operators, public safety officials, and transportation planners within an urbanized area, who are actively engaged in and responsible for conducting activities relating to day-to-day management, 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--
`(C) guiding, in a regionally-coordinated manner, the implementation of regional transportation system management and operations initiatives, including emergency evacuation and response, traffic incident management, technology deployment, and traveler information 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
(f) Intelligent Transportation System Procurement 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;
(2) RECOMMENDATIONS- Based on the results of the study, the Secretary shall make recommendations in the report under paragraph (4) regarding procurement standards, including recommendations regarding any changes in Federal and State statutes, 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 address 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 implementation of intelligent transportation system goals and the need for national policy reform to expedite and streamline procurements necessary to meet such goals.
SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.
(d) Regional Intelligent Transportation System Architecture-
(1) ADDRESSING INFORMATION NEEDS- As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information 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 information.
SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROGRAM.
(a) Establishment- The Secretary shall establish a comprehensive program to accelerate the integration, interoperability, and deployment of intelligent transportation 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 competitive 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 travel at ports of entry), reduce emissions of air pollutants, improve traveler information, enhance alternative transportation modes, build on existing intelligent transportation system projects, and promote tourism.
(c) Other Projects, Programs, and Activities- Under the program, the Secretary may make grants for projects, programs, and activities in metropolitan and rural areas that--
(1) contribute to national deployment goals and objectives outlined in the national intelligent transportation system program plan;
(2) promote cooperation among agencies, jurisdictions, and the private sector, as evidenced by signed memoranda of understanding that clearly define the responsibilities and relations of all parties to a partnership arrangement, including institutional relationships and financial agreements needed to support deployment of intelligent transportation systems;
(4) enhance fully integrated intelligent transportation system deployment;
SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT.
(a) Purpose- The purpose of this section is to ensure 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 programs for fiscal years 2005 through 2009 is utilized to expand deployment of intelligent transportation systems.
(b) In General- Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following:
`Sec. 150. Deployment of intelligent transportation systems
`(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.
`(c) Intelligent Transportation Systems Deployment Projects- Projects for which funds must be obligated under this section include the following:
`(3) SAFETY- Implementation of intelligent transportation system technologies that improve highway safety through linkages connecting the vehicle, the infrastructure, and information to the driver.
`(4) OPERATION AND MANAGEMENT- Provision of services necessary to ensure the efficient operation and management of intelligent transportation systems infrastructure, including costs associated with communications, utilities, rent, hardware, software, labor, administrative costs, training, and technical services.
`(d) Obligation of Amounts-
`(1) IN GENERAL- In complying with the requirements of this section, the amounts obligated by a State for projects under subsection (c) that support deployment of intelligent transportation systems in such State under subsection (a) shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4).
(c) Conforming Amendment- The analysis for such chapter is amended by inserting after the item relating to section 149 the following:
`150. Deployment of intelligent transportation systems.'.
SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT OF INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Categorical Exclusions- Not later than one year after the date of enactment of this Act, the Secretary shall initiate a rulemaking process to establish, to the extent appropriate, categorical exclusions for activities that support the deployment of intelligent transportation infrastructure and systems from the requirement that an environmental assessment or an environmental impact statement be prepared under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (42 U.S.C. 4332) in compliance with the standards for categorical exclusions established by that Act.
(b) Nationwide Programmatic Agreement-
(1) DEVELOPMENT- The Secretary shall develop a nationwide programmatic agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and the regulations of the Advisory Council on Historic Preservation.
(c) Intelligent Transportation Infrastructure and Systems Defined- In this section, the term `intelligent transportation infrastructure and systems' means intelligent transportation infrastructure and intelligent transportation systems, as such terms are defined in section 5607.
Subtitle C--Mobility and EfficiencySEC. 1303. FREIGHT INTERMODAL CONNECTORS.
(c) Eligible Projects-
(1) IN GENERAL- Projects eligible for funding under this section may include the construction of and improvements to publicly owned freight intermodal connectors, the provision of access to such connectors, and operational improvements for such connectors (including capital investment for intelligent transportation systems); except that a project located within the boundaries of an intermodal freight facility shall only include highway infrastructure modifications necessary to facilitate direct intermodal access between the connector and the facility.
SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(f) Competitive Grant Selection and Criteria for Grants-
(3) SELECTION CONSIDERATIONS- In selecting a project under this section, the Secretary shall consider the extent to which the project--
(B) uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project.
SEC. 1306. TRUCK PARKING FACILITIES.
(b) Allocation of Funds-
(3) ELIGIBLE PROJECTS- Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. Such projects shall serve the National Highway System and may include the following:
(D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.
Subtitle G--High Priority ProjectsSEC. 1702. PROJECT AUTHORIZATIONS.
Subject to section 117 of title 23, United States Code, the amount listed for each high priority project in the following table shall be available (from amounts made available by section 1101(a)(17) of the Transportation Equity Act: A Legacy for Users) for fiscal years 2005 through 2009 to carry out each such project:
2 CA Develop and implement ITS master plan in Anaheim $1,500,000
206 NY Implement ITS system and apparatus to enhance citywide truck route system on Broadway to Irwin Ave between 232 to 231 in the neighborhood of Kingsbridge, NY $100,000
246 CA Operations and management improvements, including ITS technologies, on U.S. Highway 101 in Santa Barbara County $1,000,000
696 NC Install ITS on US 70 Clayton Bypass $1,000,000
749 IL Widening of Lake Cook Road ITS in Deerfield, IL $540,000
821 NY Implement ITS system and apparatus to enhance citywide truck route system on Avenue P between Coney Island Avenue and Ocean Avenue in the 9th District of New York $100,000
878 PA Deployment of an Intelligent Transportation System along I-476 Pa Tpke NE Ext/Pa-309 and I-76 Schuylkill Exwy in Montgomery County $4,000,000
886 WA Redmond, WA City-wide ITS $1,000,000
906 NY Implement ITS system and apparatus to enhance citywide truck route system at 9th Street and 3rd Avenue intersection in Kings County $100,000
1116 PA Expansion of existing PA Turnpike ITS System $4,100,0001142 CA Implement intelligent management & logistics measures to improve freight movement, Gateway Cities $3,000,000
1144 NY Implement ITS system and apparatus to enhance citywide truck route system on LIE Eastbound Service Road at 74th Street to Caldwell Ave, Grand Ave from 69th Street to Flushing Ave, and Eliot Ave from 69th Street to Woodhaven Blvd $100,000
1226 MD Implement Intelligent Transportation System in Baltimore $1,400,000
1264 IL Implement ITS and congestion Mitigation Project on I-294 and I-90 $4,000,000
1296 CA Long Beach Intelligent Transportation System: Integrate functioning traffic management center that includes the port, transit, airport as well as the city's police and fire departments, Long Beach $3,000,000
1276 NC Install ITS on US 52 in Forsyth County $400,000
1424 NC Greensboro Signal System Replacement ITS Enhancement Project $12,500,000
1496 NM Statewide ITS Deployment $2,000,000
1693 NY Implement ITS system and apparatus to enhance citywide truck route system on Victory Blvd Between Travis Ave and West Shore Expressway Travis Section of SI $100,000
1694 MI Purchase and implementation of various Intelligent Transportation System technologies in the Grand Rapids metro region $12,430,000
1730 NY Suffolk County ITS arterial monitoring and performance measures $1,500,000
Subtitle H--Miscellaneous ProvisionsSEC. 1813. ROAD USER CHARGE EVALUATION PILOT PROJECT.
(a) In General- The Secretary shall carry out a national evaluation pilot project to assess how intelligent transportation system technology can be applied to assess mileage-based road user charges for the purposes of collecting revenues for the Highway Trust Fund.
(b) Matters to Be Evaluated- The following matters shall be evaluated under the pilot project:
(1) Technical feasibility of imposing mileage-based road user charges, including cost, reliability, and security of on-board and intelligent transportation systems.
SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General- The Secretary, acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including--
(3) the architecture and implementation of intelligent transportation system technologies.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.Of the amounts made available to carry out section 5309(m)(2)(B)(iii) of title 49, United States Code, for each of fiscal years 2006 through 2008, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year:
287. San Francisco, CA Implement ITS on Muni Transit System $960,000(FY06) $990,000 (FY07) $1,050,000 (FY08)
399. Pasadena, CA ITS Improvements $320,000 $330,000 $350,000
TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses- Section 31104 of title 49, United States Code, is amended by adding the following at the end:
`(i) Administrative Expenses-
`(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration--
`(A) $173,450,000 for fiscal year 2004;
`(B) $254,849,000 for fiscal year 2005;
`(C) $215,000,000 for fiscal year 2006;
`(D) $230,000,000 for fiscal year 2007;
`(E) $234,000,000 for fiscal year 2008; and
`(F) $240,000,000 for fiscal year 2009.
(b) Grant Programs- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) the following sums for the following Federal Motor Carrier Safety Administration programs:
(1) For commercial driver's license program improvement grants under section 31313 of title 49, United States Code $26,000,000 for each of fiscal years 2006 through 2009.
(2) For border enforcement grants under section 31107 of such title--
(A) $32,000,000 for fiscal year 2006;
(B) $32,000,000 for fiscal year 2007;
(C) $32,000,000 for fiscal year 2008; and
(D) $32,000,000 for fiscal year 2009.
(3) For the performance and registration information system management grant program under section 31109 of such title--
(A) $5,000,000 for fiscal year 2006;
(B) $5,000,000 for fiscal year 2007;
(C) $6,000,000 for fiscal year 2008; and
(D) $6,000,000 for fiscal year 2009.
SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.
(b) Purpose- The program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, commercial driver, and carrier-specific information systems and networks.
(e) Eligibility- To be eligible for a grant under this section, a State--
(2) shall certify to the Secretary that its commercial vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications--
(A) are consistent with the national intelligent transportation systems and commercial vehicle information systems and networks architectures and available standards;
(3) shall agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial vehicle information systems and networks.
TITLE V--TRANSPORTATION RESEARCH AND EDUCATIONSubtitle A--Funding
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND DEPLOYMENT PROGRAM- To carry out sections 502, 503, 506, 507, 509, and 510 of title 23, United States Code, and sections 5207, 5210, 5211, and 5402 of this title--
(A) $169,000,000 for fiscal year 2004;
(B) $239,500,000 for fiscal year 2005;
(C) $239,500,000 for fiscal year 2006;
(D) $239,500,000 for fiscal year 2007;
(E) $239,500,000 for fiscal year 2008; and
(F) $239,500,000 for fiscal year 2009.
(2) TRAINING AND EDUCATION- To carry out section 504 of title 23, United States Code, and section 5211 of this Act, $24,500,000 for fiscal year 2004 and $33,500,000 for each of fiscal years 2005 through 2009.
(3) BUREAU OF TRANSPORTATION STATISTICS- For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, $31,000,000 for fiscal year 2004 and $33,000,000 for each of fiscal years 2005 through 2009.
(4) UNIVERSITY TRANSPORTATION RESEARCH- To carry out sections 5505 and 5506 of title 49, United States Code, $54,500,000 for fiscal year 2004 and $71,000,000 for each of fiscal years 2005 through 2009.
(5) INTELLIGENT TRANSPORTATION SYSTEMS (ITS) RESEARCH- To carry out subtitle F of this title, $115,000,000 for each of fiscal years 2004 through 2009.
(6) ITS DEPLOYMENT- To carry out sections 5208 and 5209 of the Transportation Equity Act for the 21st Century (112 Stat. 458; 112 Stat. 460), $100,000,000 for fiscal years 2004 and 2005.
Subtitle B--Research, Technology, and EducationSEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM.
(a) In General- Section 507 of title 23, United States Code, is amended to read as follows:
`Sec. 507. Surface Transportation environment and planning cooperative research program
`(e) Contents- The national research agenda for the program required under subsection (d)(1) shall include research in the following areas for the purposes described:
`(4) EMERGING TECHNOLOGIES- Emerging technologies to assist in the transition to environmentally benign fuels and vehicles for passengers and freight; develop responses to and demand for new technologies that could offer improved environmental performance; identify possible applications of intelligent transportation systems technologies for environmental benefit; develop policy instruments that would encourage the development of beneficial new technologies in a cost-effective manner; respond to the impact of new technologies; and analyze user response to and future demand for environmentally beneficial vehicles, fuels, and mobility services, such as the demand for and use of new environmentally beneficial vehicles and fuels.
SEC. 5205. TRAINING AND EDUCATION.
(h) Transportation Technology Innovations-
(4) USE OF RIGHTS-OF-WAY- Section 5117(b)(3) of the Transportation Equity Act for the 21st Century (112 Stat. 449; 112 Stat. 864; 115 Stat. 2330) is amended--
(B) by inserting after subparagraph (D) the following:
`(E) USE OF RIGHTS-OF-WAY-
`(i) IN GENERAL- An intelligent transportation system project described in paragraph (3), and an intelligent transportation system project described in paragraph (6), that involves privately owned intelligent transportation system components and is carried out using funds made available from the Highway Trust Fund (other than the Mass Transit Account) shall not be subject to any law or regulation of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which funds from the Highway Trust Fund (other than the Mass Transit Account) have been used for planning, design, construction, or maintenance if the Secretary determines that such use is in the public interest.
Subtitle F--Intelligent Transportation Systems Research
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the `Intelligent Transportation Systems Act of 2005'.
SEC. 5602. GOALS AND PURPOSES.
(a) Goals- The goals of the intelligent transportation system program include--
(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users;
(2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles as well as improved emergency response to a crash, with particular emphasis on decreasing the number and severity of collisions;
(3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals;
(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, and bicycles and pedestrians, including individuals with disabilities; and
(5) improvement of the Nation's ability to respond to security-related or other manmade emergencies and natural disasters and enhancement of national defense mobility.
(b) Purposes- The Secretary shall implement activities under the intelligent system transportation program to, at a minimum--
(1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation;
(2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process;
(3) improve regional cooperation and operations planning for effective intelligent transportation system deployment;
(6) support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations;
(7) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and
(8) provide continuing support for operations and maintenance of intelligent transportation systems.
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) Scope- Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the surface transportation systems of the United States.
(b) Policy- Intelligent transportation system research projects and operational tests funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects.
(c) Cooperation With Governmental, Private, and Educational Entities- The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector of the United States, the Federal laboratories, and colleges and universities, including historically Black colleges and universities and other minority institutions of higher education.
(d) Consultation With Federal Officials- In carrying out the intelligent transportation system program, the Secretary shall consult with the heads of other Federal departments and agencies, as appropriate.
(e) Technical Assistance, Training, and Information- The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services.
(f) Transportation Planning- The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes.
(h) Advisory Committee-
(2) MEMBERSHIP- The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum--
(E) a private sector user of intelligent transportation system technologies;
(F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues;
(I) a representative from a not-for-profit group representing the intelligent transportation system industry;
(3) DUTIES- The Advisory Committee shall, at a minimum, perform the following duties:
(A) Provide input into the development of the Intelligent Transportation System aspects of the strategic plan under section 508 of title 23, United States Code.
(B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine--
(i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems;
(ii) whether the intelligent transportation system technologies are likely to be deployed by users, and, if not, to determine the barriers to deployment;
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General-
(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE- Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology as a component of the surface transportation systems of the United States.
(2) INTEROPERABILITY AND EFFICIENCY- To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States.
(b) Provisional Standards-
(1) IN GENERAL- If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the extent practicable, the work product of appropriate standards development organizations.
(c) Conformity With National Architecture-
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a).
(2) SECRETARY'S DISCRETION- The Secretary may authorize exceptions to paragraph (1) for--
(A) projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508 of title 23, United States Code; or
(B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this Act if the Secretary determines that the upgrade or expansion--
(i) would not adversely affect the goals or purposes of this subtitle;
(ii) is carried out before the end of the useful life of such system; and
(iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1).
(3) EXCEPTIONS- Paragraph (1) shall not apply to funds used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this Act.
SEC. 5605. RESEARCH AND DEVELOPMENT.
(a) In General- The Secretary shall carry out a comprehensive program of intelligent transportation system research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems and other similar activities that are necessary to carry out this subtitle.
(b) Priority Areas- Under the program, the Secretary shall give higher priority to funding projects that--
(4) facilitate the integration of intelligent infrastructure, vehicle, and control technologies.
SEC. 5606. INFRASTRUCTURE DEVELOPMENT.
Funds made available to carry out this subtitle for operational tests--
(1) shall be used primarily for the development of intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.
SEC. 5608. DEFINITIONS.
In this subtitle, the following definitions apply:
(2) INTELLIGENT TRANSPORTATION INFRASTRUCTURE- The term `intelligent transportation infrastructure' means fully integrated public sector intelligent transportation system components, as defined by the Secretary.
(3) INTELLIGENT TRANSPORTATION SYSTEM- The term `intelligent transportation system' means electronics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system.
(4) NATIONAL ARCHITECTURE- The term `national architecture' means the common framework for interoperability that defines--
(A) the functions associated with intelligent transportation system user services;
(5) PROJECT- The term `project' means a undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle.
(6) STANDARD- The term `standard' means a document that--
(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and
(B) may support the national architecture and promote--
(i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and
(ii) interoperability among intelligent transportation system technologies implemented throughout the States.
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY.
(b) Contents of Study- In conducting the study, the Secretary shall identify--
(4) potential benefits fiber optic cabling and wireless communication infrastructure may provide to rural communities along such corridors, including the effects of the installation of such infrastructure on economic development, deployment of intelligent transportation systems technologies and applications, homeland security precaution and response, and education and health systems in those communities;
Nelson Garcia
Director of Government Relations
Intelligent Transportation Society of America
1100 17th Street, NW
Suite 1200
Washington, DC 20036
P: 202-721-4237
F: 202-484-3483
ngarcia@itsa.org