23 U.S.C. § 515 — General authorities and requirements

Page 466 TITLE 23—HIGHWAYS § 515 surface transportation, with particular em- phasis on assisting State and local govern- ments to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, pas- senger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities); (5) enhancement of national defense mobil- ity and improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters; and (6) enhancement of the national freight sys- tem and support to national freight policy goals. (b) PURPOSES.—The Secretary shall implement activities under the intelligent transportation system program, at a minimum— (1) to expedite, in both metropolitan and rural areas, deployment and integration of in- telligent transportation systems for con- sumers of passenger and freight transpor- tation; (2) to ensure that Federal, State, and local transportation officials have adequate knowl- edge of intelligent transportation systems for consideration in the transportation planning process; (3) to improve regional cooperation and op- erations planning for effective intelligent transportation system deployment; (4) to promote the innovative use of private resources in support of intelligent transpor- tation system development; (5) to facilitate, in cooperation with the motor vehicle industry, the introduction of ve- hicle-based safety enhancing systems; (6) to support the application of intelligent transportation systems that increase the safe- ty and efficiency of commercial motor vehicle operations; (7) to develop a workforce capable of devel- oping, operating, and maintaining intelligent transportation systems; (8) to provide continuing support for oper- ations and maintenance of intelligent trans- portation systems; (9) to ensure a systems approach that in- cludes cooperation among vehicles, infrastruc- ture, and users; and (10) to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Depart- ment of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles. (Added Pub. L. 112–141, div. E, title III, § 53002(a), July 6, 2012, 126 Stat. 898; amended Pub. L. 114–94, div. A, title VI, §§ 6005, 6006, Dec. 4, 2015, 129 Stat. 1567.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(6). Pub. L. 114–94, § 6005, added par. (6). Subsec. (b)(10). Pub. L. 114–94, § 6006, added par. (10). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 515. General authorities and requirements (a) SCOPE.—Subject to the provisions of sec- tions 512 through 518, the Secretary shall con- duct an ongoing intelligent transportation sys- tem program— (1) to research, develop, and operationally test intelligent transportation systems; and (2) to provide technical assistance in the na- tionwide application of those systems as a component of the surface transportation sys- tems of the United States. (b) POLICY.—Intelligent transportation system research projects and operational tests funded pursuant to sections 512 through 518 shall en- courage and not displace public-private partner- ships or private sector investment in those tests and projects. (c) COOPERATION WITH GOVERNMENTAL, PRI- VATE, AND EDUCATIONAL ENTITIES.—The Sec- retary shall carry out the intelligent transpor- tation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, the Federal laboratories, and institu- tions of higher education, including historically Black colleges and universities and other minor- ity 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 agencies, as ap- propriate. (e) TECHNICAL ASSISTANCE, TRAINING, AND IN- FORMATION.—The Secretary may provide tech- nical assistance, training, and information to State and local governments seeking to imple- ment, operate, maintain, or evaluate intelligent transportation system technologies and serv- ices. (f) TRANSPORTATION PLANNING.—The Secretary may provide funding to support adequate consid- eration of transportation systems management and operations, including intelligent transpor- tation systems, within metropolitan and state- wide transportation planning processes. (g) INFORMATION CLEARINGHOUSE.— (1) IN GENERAL.—The Secretary shall— (A) maintain a repository for technical and safety data collected as a result of feder- ally sponsored projects carried out under sections 512 through 518; and (B) make, on request, that information (except for proprietary information and data) readily available to all users of the re- pository at an appropriate cost. Page 467 TITLE 23—HIGHWAYS § 515 (2) AGREEMENT.— (A) IN GENERAL.—The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). (B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary enters into an agreement with an entity for the maintenance of the reposi- tory, the entity shall be eligible for Federal financial assistance under this section. (3) AVAILABILITY OF INFORMATION.—Informa- tion in the repository shall not be subject to sections 552 and 555 of title 5, United States Code. (h) ADVISORY COMMITTEE.— (1) IN GENERAL.—The Secretary shall estab- lish an Advisory Committee (referred to in this subsection as the ‘‘Advisory Committee’’) to advise the Secretary on carrying out sec- tions 512 through 518. (2) MEMBERSHIP.—The Advisory Committee shall have no more than 25 members, be bal- anced between metropolitan and rural inter- ests, and include, at a minimum— (A) a representative from a State highway department; (B) a representative from a local highway department who is not from a metropolitan planning organization; (C) a representative from a State, local, or regional transit agency; (D) a representative from a State, local, or regional wildlife, land use, or resource man- agement agency; (E) a representative from a metropolitan planning organization; (F) a representative of a national transit association; (G) a representative of a national, State, or local transportation agency or associa- tion; (H) a private sector user of intelligent transportation system technologies; (I) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies; (J) an academic researcher with expertise in computer science or another information science field related to intelligent transpor- tation systems, and who is not an expert on transportation issues; (K) an academic researcher who is a civil engineer; (L) an academic researcher who is a social scientist with expertise in transportation issues; (M) an academic researcher who is a bio- logical or ecological scientist with expertise in transportation issues; (N) a representative from a nonprofit group representing the intelligent transpor- tation system industry; (O) a representative from a public interest group concerned with safety; (P) a representative of a labor organiza- tion; (Q) a representative of a mobility-pro- viding entity; (R) an expert in traffic management; (S) a representative from a public interest group concerned with the impact of the transportation system on land use and resi- dential patterns; (T) a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those spe- cies; and (U) members with expertise in planning, safety, telecommunications, and operations; (V) an expert in cybersecurity; and (W) an automobile manufacturer. (3) TERM.— (A) IN GENERAL.—The term of a member of the Advisory Committee shall be 3 years. (B) RENEWAL.—On expiration of the term of a member of the Advisory Committee, the member— (i) may be reappointed; or (ii) if the member is not reappointed under clause (i), may serve until a new member is appointed. (4) MEETINGS.—The Advisory Committee— (A) shall convene not less frequently than twice each year; and (B) may convene with the use of remote video conference technology. (5) DUTIES.—The Advisory Committee shall, at a minimum, perform the following duties: (A) Provide input into the development of the intelligent transportation system as- pects of the strategic plan under section 6503 of title 49. (B) Review, at least annually, areas of in- telligent transportation systems programs and 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 transpor- tation systems; (ii) whether the intelligent transpor- tation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and (iii) the appropriate roles for govern- ment and the private sector in investing in the programs, research, and technologies being considered. (6) REPORT.—Not later than May 1 of each year, the Secretary shall make available to the public on a Department of Transportation website a report that includes— (A) all recommendations made by the Ad- visory Committee during the preceding cal- endar year; (B) an explanation of the manner in which the Secretary has implemented those rec- ommendations; and (C) for recommendations not implemented, the reasons for rejecting the recommenda- tions. (7) APPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—The Advisory Com- mittee shall be subject to chapter 10 of title 5, United States Code. (i) REPORTING.— (1) GUIDELINES AND REQUIREMENTS.— (A) IN GENERAL.—The Secretary shall issue guidelines and requirements for the report- Page 468 TITLE 23—HIGHWAYS § 516 ing and evaluation of operational tests and deployment projects carried out under sec- tions 512 through 518. (B) OBJECTIVITY AND INDEPENDENCE.—The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under sections 512 through 518. (C) FUNDING.—The guidelines and require- ments issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. (2) SPECIAL RULE.—Any survey, question- naire, or interview that the Secretary con- siders necessary to carry out the reporting of any test, deployment project, or program as- sessment activity under sections 512 through 518 shall not be subject to chapter 35 of title 44, United States Code. (Added Pub. L. 112–141, div. E, title III, § 53003(a), July 6, 2012, 126 Stat. 899; amended Pub. L. 114–94, div. A, title I, § 1446(a)(14), title VI, § 6007, Dec. 4, 2015, 129 Stat. 1438, 1567; Pub. L. 117–58, div. A, title III, § 13008(a), div. B, title V, § 25001, Nov. 15, 2021, 135 Stat. 641, 836; Pub. L. 117–286, § 4(a)(178), Dec. 27, 2022, 136 Stat. 4325.) Editorial Notes AMENDMENTS 2022—Subsec. (h)(7). Pub. L. 117–286, which directed amendment of subsec. (h)(5) by substituting ‘‘CHAPTER 10 OF TITLE 5, UNITED STATES CODE’’ for ‘‘FEDERAL ADVI- SORY COMMITTEE ACT’’ in heading and ‘‘chapter 10 of title 5, United States Code.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ in text, was executed by making the substitutions in subsec. (h)(7) to reflect the probable intent of Congress and the prior amend- ment by Pub. L. 117–58, § 25001(4). See 2021 Amendment note, below. 2021—Subsec. (h)(1). Pub. L. 117–58, § 25001(1), inserted ‘‘(referred to in this subsection as the ‘Advisory Com- mittee’)’’ after ‘‘an Advisory Committee’’. Subsec. (h)(2). Pub. L. 117–58, § 25001(2)(A), substituted ‘‘25 members’’ for ‘‘20 members’’ in introductory provi- sions. Subsec. (h)(2)(D) to (W). Pub. L. 117–58, § 13008(a) and § 25001(2)(D)–(G), added various subpars. and succes- sively redesignated existing subpars., resulting in ulti- mate redesignations of original subpars. as follows: (D) as (E), (E) as (H), (F) as (J), (G) as (K), (H) as (L), (I) as (N), (J) as (O), (K) as (S), and (L) as (U). For newly added subpars., see notes below. Subsec. (h)(2)(D). Pub. L. 117–58, § 13008(a)(3), added subpar. (D). Subsec. (h)(2)(F), (G). Pub. L. 117–58, § 25001(2)(D), added subpars. (F) and (G). Subsec. (h)(2)(I). Pub. L. 117–58, § 25001(2)(E), added subpar. (I). Subsec. (h)(2)(J). Pub. L. 117–58, § 13008(a)(4), added subpar. (J), which was subsequently redesignated (M) by Pub. L. 117–58, § 25001(2)(C). Subsec. (h)(2)(N). Pub. L. 117–58, § 13008(a)(5), added subpar. (N), which was subsequently redesignated (T) by Pub. L. 117–58, § 25001(2)(C). Subsec. (h)(2)(O). Pub. L. 117–58, § 25001(2)(B), prior to redesignation of subpar. (O) as (U), struck out ‘‘utili- ties,’’ after ‘‘telecommunications,’’ and substituted semicolon for period at end. Subsec. (h)(2)(P) to (R). Pub. L. 117–58, § 25001(2)(F), added subpars. (P) to (R). Subsec. (h)(2)(V), (W). Pub. L. 117–58, § 25001(2)(G), added subpars. (V) and (W). Subsec. (h)(3). Pub. L. 117–58, § 25001(5), added par. (3). Former par. (3) redesignated (5). Subsec. (h)(3)(A). Pub. L. 117–58, § 25001(3)(A), sub- stituted ‘‘section 6503 of title 49’’ for ‘‘section 508’’. Subsec. (h)(3)(B). Pub. L. 117–58, § 25001(3)(B)(i), in- serted ‘‘programs and’’ before ‘‘research’’ in introduc- tory provisions. Subsec. (h)(3)(B)(iii). Pub. L. 117–58, § 25001(3)(B)(ii), substituted ‘‘programs, research, and’’ for ‘‘research and’’. Subsec. (h)(4). Pub. L. 117–58, § 25001(5), added par. (4). Former par. (4) redesignated (6). Subsec. (h)(5) to (7). Pub. L. 117–58, § 25001(4), redesig- nated pars. (3) to (5) as (5) to (7), respectively. 2015—Pub. L. 114–94, § 1446(a)(14), substituted ‘‘sec- tions 512 through 518’’ for ‘‘this chapter’’ wherever ap- pearing. Subsec. (h)(4). Pub. L. 114–94, § 6007, in introductory provisions, substituted ‘‘May 1 of each year’’ for ‘‘Feb- ruary 1 of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012’’ and ‘‘make available to the public on a De- partment of Transportation website’’ for ‘‘submit to Congress’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 13008(a) of Pub. L. 117–58 effec- tive Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 516. Research and development (a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research and develop- ment, and operational tests of intelligent vehi- cles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter. (b) PRIORITY AREAS.—Under the program, the Secretary shall give higher priority to funding projects that— (1) enhance mobility and productivity through improved traffic management, inci- dent management, transit management, freight management, road weather manage- ment, toll collection, traveler information, or highway operations systems and remote sens- ing products; (2) use interdisciplinary approaches to de- velop traffic management strategies and tools to address multiple impacts of congestion con- currently; (3) address traffic management, incident management, transit management, toll collec- tion traveler information, or highway oper- ations systems;