---
kind: "range"
citation: "23 U.S.C. §§ 512–518"
title: "23"
from: "512"
to: "518"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/23/512..518"
---

# §512. National ITS program plan

- (a) **In General.—**
  - (1) **Updates.—** Not later than 1 year after the date of enactment of the SAFETEA–LU, the [Secretary](/usc/23/101.md?p=a-27), in consultation with interested stakeholders (including [State transportation departments](/usc/23/101.md?p=a-31)) shall develop a 5-year National [Intelligent Transportation System](/usc/23/501.md?p=5) (in this section referred to as “[ITS](/usc/23/501.md?p=5)”) program plan.
  - (2) **Scope.—** The National [ITS](/usc/23/501.md?p=5) program plan shall—
    - (A) specify the goals, objectives, and milestones for the research and deployment of [intelligent transportation systems](/usc/23/501.md?p=5) in the contexts of—
      - (i) major metropolitan areas;
      - (ii) smaller metropolitan and [rural areas](/usc/23/101.md?p=a-25); and
      - (iii) commercial vehicle operations;
    - (B) specify the manner in which specific programs and [projects](/usc/23/501.md?p=7) will achieve the goals, objectives, and milestones referred to in [subparagraph (A)](#a-2-A), including consideration of a 5-year timeframe for the goals and objectives;
    - (C) identify activities that provide for the dynamic development, testing, and necessary revision of [standards](/usc/23/501.md?p=9) and protocols to promote and ensure interoperability in the implementation of [intelligent transportation system](/usc/23/501.md?p=5) technologies, including actions taken to establish [standards](/usc/23/501.md?p=9); and
    - (D) establish a cooperative process with [State](/usc/23/101.md?p=a-28) and local governments for—
      - (i) determining desired surface transportation system performance levels; and
      - (ii) developing plans for accelerating the incorporation of specific [intelligent transportation system](/usc/23/501.md?p=5) capabilities into surface transportation systems.
- (b) **Reporting.—** The National [ITS](/usc/23/501.md?p=5) program plan shall be submitted and biennially updated.

# §513. Use of funds for ITS activities

- (a) **Definitions.—** In this section, the following definitions apply:
  - (1) **Eligible entity.—** The term “eligible entity” means a [State](/usc/23/101.md?p=a-28) or local government, tribal government, transit agency, public toll authority, metropolitan planning organization, other political subdivision of a [State](/usc/23/101.md?p=a-28) or local government, or a multistate or [multijurisdictional group](#a-2) applying through a single lead applicant.
  - (2) **Multijurisdictional group.—** The term “multijurisdictional group” means a combination of [State](/usc/23/101.md?p=a-28) governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a [State](/usc/23/101.md?p=a-28) that—
    - (A) have signed a written agreement to implement an activity that meets the grant criteria under this section; and
    - (B) is comprised of at least 2 members, each of whom is an [eligible entity](#a-1).
- (b) **Purpose.—** The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs.
- (c) **ITS Adoption.—**
  - (1) **Innovative technologies and strategies.—** The [Secretary](/usc/23/101.md?p=a-27) shall encourage the deployment of [ITS](/usc/23/501.md?p=5) technologies that will improve the performance of the [National Highway System](/usc/23/101.md?p=a-16) in such areas as traffic operations, emergency response, [incident](/usc/23/501.md?p=2) management, surface transportation network management, freight management, traffic flow information, and congestion management by accelerating the adoption of innovative technologies through the use of—
    - (A) demonstration programs;
    - (B) grant funding;
    - (C) incentives to [eligible entities](#a-1); and
    - (D) other tools, strategies, or methods that will result in the deployment of innovative [ITS](/usc/23/501.md?p=5) technologies.
  - (2) **Comprehensive plan.—** To carry out this section, the [Secretary](/usc/23/101.md?p=a-27) shall develop a detailed and comprehensive plan that addresses the manner in which incentives may be adopted, as appropriate, through the existing deployment activities carried out by surface transportation modal administrations.

# §514. Goals and purposes

- (a) **Goals.—** The goals of the [intelligent transportation system](/usc/23/501.md?p=5) 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](/usc/23/501.md?p=8) goals, including enhancement of safe operation of [motor vehicles](/usc/23/153.md?p=i-2) and nonmotorized vehicles and improved emergency response to collisions, 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](/usc/23/101.md?p=a-28) 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](/usc/23/153.md?p=i-2), passenger [motor vehicles](/usc/23/153.md?p=i-2), motorcycles, bicycles, and pedestrians (including individuals with disabilities);
  - (5) enhancement of national defense mobility 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 system and support to national freight policy goals.
- (b) **Purposes.—** The [Secretary](/usc/23/101.md?p=a-27) shall implement activities under the [intelligent transportation system](/usc/23/501.md?p=5) program, at a minimum—
  - (1) to expedite, in both metropolitan and [rural areas](/usc/23/101.md?p=a-25), deployment and integration of [intelligent transportation systems](/usc/23/501.md?p=5) for consumers of passenger and freight transportation;
  - (2) to ensure that Federal, [State](/usc/23/101.md?p=a-28), and local transportation officials have adequate knowledge of [intelligent transportation systems](/usc/23/501.md?p=5) for consideration in the transportation planning process;
  - (3) to improve regional cooperation and operations planning for effective [intelligent transportation system](/usc/23/501.md?p=5) deployment;
  - (4) to promote the innovative use of private resources in support of [intelligent transportation system](/usc/23/501.md?p=5) development;
  - (5) to facilitate, in cooperation with the [motor vehicle](/usc/23/153.md?p=i-2) industry, the introduction of vehicle-based [safety](/usc/23/501.md?p=8) enhancing systems;
  - (6) to support the application of [intelligent transportation systems](/usc/23/501.md?p=5) that increase the [safety](/usc/23/501.md?p=8) and efficiency of commercial [motor vehicle](/usc/23/153.md?p=i-2) operations;
  - (7) to develop a workforce capable of developing, operating, and maintaining [intelligent transportation systems](/usc/23/501.md?p=5);
  - (8) to provide continuing support for operations and [maintenance](/usc/23/101.md?p=a-13) of [intelligent transportation systems](/usc/23/501.md?p=5);
  - (9) to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users; and
  - (10) to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles.

# §515. General authorities and requirements

- (a) **Scope.—** Subject to the provisions of [sections 512 through 518](/usc/23/512..518.md), the [Secretary](/usc/23/101.md?p=a-27) shall conduct an ongoing [intelligent transportation system](/usc/23/501.md?p=5) program—
  - (1) to research, develop, and operationally test [intelligent transportation systems](/usc/23/501.md?p=5); and
  - (2) to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.
- (b) **Policy.—** [Intelligent transportation system](/usc/23/501.md?p=5) research [projects](/usc/23/501.md?p=7) and operational tests funded pursuant to [sections 512 through 518](/usc/23/512..518.md) shall encourage and not displace public-private partnerships or private sector investment in those tests and [projects](/usc/23/501.md?p=7).
- (c) **Cooperation With Governmental, Private, and Educational Entities.—** The [Secretary](/usc/23/101.md?p=a-27) shall carry out the [intelligent transportation system](/usc/23/501.md?p=5) program in cooperation with [State](/usc/23/101.md?p=a-28) and local governments and other public entities, the private sector firms of the United States, the [Federal laboratories](/usc/23/501.md?p=1), and institutions of higher education, 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](/usc/23/501.md?p=5) program, the [Secretary](/usc/23/101.md?p=a-27) shall consult with the heads of other Federal agencies, as appropriate.
- (e) **Technical Assistance, Training, and Information.—** The [Secretary](/usc/23/101.md?p=a-27) may provide technical assistance, training, and information to [State](/usc/23/101.md?p=a-28) and local governments seeking to implement, operate, maintain, or evaluate [intelligent transportation system](/usc/23/501.md?p=5) technologies and services.
- (f) **Transportation Planning.—** The [Secretary](/usc/23/101.md?p=a-27) may provide funding to support adequate consideration of [transportation systems management and operations](/usc/23/101.md?p=a-32-A), including [intelligent transportation systems](/usc/23/501.md?p=5), within metropolitan and statewide transportation planning processes.
- (g) **Information Clearinghouse.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall—
    - (A) maintain a repository for technical and [safety](/usc/23/501.md?p=8) data collected as a result of federally sponsored [projects](/usc/23/501.md?p=7) carried out under [sections 512 through 518](/usc/23/512..518.md); and
    - (B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost.
  - (2) **Agreement.—**
    - (A) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) may enter into an agreement with a third party for the [maintenance](/usc/23/101.md?p=a-13) of the repository for technical and [safety](/usc/23/501.md?p=8) data under [paragraph (1)(A)](#g-1-A).
    - (B) **Federal financial assistance.—** If the [Secretary](/usc/23/101.md?p=a-27) enters into an agreement with an entity for the [maintenance](/usc/23/101.md?p=a-13) of the repository, the entity shall be eligible for Federal financial assistance under this section.
  - (3) **Availability of information.—** Information in the repository shall not be subject to sections [552](/usc/5/552.md) and [555](/usc/5/555.md) of title 5, United States Code.
- (h) **Advisory Committee.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall establish an Advisory Committee (referred to in this subsection as the “Advisory Committee”) to advise the [Secretary](/usc/23/101.md?p=a-27) on carrying out [sections 512 through 518](/usc/23/512..518.md).
  - (2) **Membership.—** The Advisory Committee shall have no more than 25 members, be balanced between metropolitan and rural interests, and include, at a minimum—
    - (A) a representative from a [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) department;
    - (B) a representative from a local [highway](/usc/23/101.md?p=a-11) department who is not from a metropolitan planning organization;
    - (C) a representative from a [State](/usc/23/101.md?p=a-28), local, or regional transit agency;
    - (D) a representative from a [State](/usc/23/101.md?p=a-28), local, or regional wildlife, land use, or resource management agency;
    - (E) a representative from a metropolitan planning organization;
    - (F) a representative of a national transit association;
    - (G) a representative of a national, [State](/usc/23/101.md?p=a-28), or local transportation agency or association;
    - (H) a private sector user of [intelligent transportation system](/usc/23/501.md?p=5) technologies;
    - (I) a private sector developer of [intelligent transportation system](/usc/23/501.md?p=5) technologies, which may include emerging vehicle technologies;
    - (J) an academic researcher with expertise in computer science or another information science field related to [intelligent transportation systems](/usc/23/501.md?p=5), 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 biological or ecological scientist with expertise in transportation issues;
    - (N) a representative from a nonprofit group representing the [intelligent transportation system](/usc/23/501.md?p=5) industry;
    - (O) a representative from a public interest group concerned with [safety](/usc/23/501.md?p=8);
    - (P) a representative of a labor organization;
    - (Q) a representative of a mobility-providing 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 residential 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 species; and
    - (U) members with expertise in planning, [safety](/usc/23/501.md?p=8), 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)](#h-3-B-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](/usc/23/501.md?p=5) aspects of the strategic plan under [section 6503 of title 49](/usc/49/6503.md).
    - (B) Review, at least annually, areas of [intelligent transportation systems](/usc/23/501.md?p=5) programs and research being considered for funding by the Department, to determine—
      - (i) whether these activities are likely to advance either the [state](/usc/23/101.md?p=a-28)-of-the-practice or [state](/usc/23/101.md?p=a-28)-of-the-art in [intelligent transportation systems](/usc/23/501.md?p=5);
      - (ii) whether the [intelligent transportation system](/usc/23/501.md?p=5) technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and
      - (iii) the appropriate roles for government 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](/usc/23/101.md?p=a-27) shall make available to the public on a Department of Transportation website a report that includes—
    - (A) all recommendations made by the Advisory Committee during the preceding calendar year;
    - (B) an explanation of the manner in which the [Secretary](/usc/23/101.md?p=a-27) has implemented those recommendations; and
    - (C) for recommendations not implemented, the reasons for rejecting the recommendations.
  - (7) **Applicability of chapter 10 of title 5, united states code.—** The Advisory Committee shall be subject to [chapter 10](/usc/5/chptI-ch10.md) of title 5, United States Code.
- (i) **Reporting.—**
  - (1) **Guidelines and requirements.—**
    - (A) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment [projects](/usc/23/501.md?p=7) carried out under [sections 512 through 518](/usc/23/512..518.md).
    - (B) **Objectivity and independence.—** The guidelines and requirements issued under [subparagraph (A)](#i-1-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](/usc/23/501.md?p=7) or by any other formal evaluation carried out under [sections 512 through 518](/usc/23/512..518.md).
    - (C) **Funding.—** The guidelines and requirements issued under [subparagraph (A)](#i-1-A) shall establish reporting funding levels based on the size and scope of each test or [project](/usc/23/501.md?p=7) that ensure adequate reporting of the results of the test or [project](/usc/23/501.md?p=7).
  - (2) **Special rule.—** Any survey, questionnaire, or interview that the [Secretary](/usc/23/101.md?p=a-27) considers necessary to carry out the reporting of any test, deployment [project](/usc/23/501.md?p=7), or program assessment activity under [sections 512 through 518](/usc/23/512..518.md) shall not be subject to [chapter 35](/usc/44/ch35.md) of title 44, United States Code.

# §516. Research and development

- (a) **In General.—** The [Secretary](/usc/23/101.md?p=a-27) shall carry out a comprehensive program of [intelligent transportation system](/usc/23/501.md?p=5) research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter.
- (b) **Priority Areas.—** Under the program, the [Secretary](/usc/23/101.md?p=a-27) shall give higher priority to funding [projects](/usc/23/501.md?p=7) that—
  - (1) enhance mobility and productivity through improved traffic management, [incident](/usc/23/501.md?p=2) management, transit management, freight management, road weather management, toll collection, traveler information, or [highway](/usc/23/101.md?p=a-11) operations systems and remote sensing products;
  - (2) use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently;
  - (3) address traffic management, [incident](/usc/23/501.md?p=2) management, transit management, toll collection traveler information, or [highway](/usc/23/101.md?p=a-11) operations systems;
  - (4) incorporate research on the potential impact of environmental, weather, and natural conditions on [intelligent transportation systems](/usc/23/501.md?p=5), including the effects of cold climates;
  - (5) enhance intermodal use of [intelligent transportation systems](/usc/23/501.md?p=5) for diverse groups, including for emergency and health-related services;
  - (6) enhance [safety](/usc/23/501.md?p=8) through improved crash avoidance and protection, crash and other notification, commercial [motor vehicle](/usc/23/153.md?p=i-2) operations, and infrastructure-based or cooperative [safety](/usc/23/501.md?p=8) systems, including animal detection systems to reduce the number of wildlife-vehicle collisions; or
  - (7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies.
- (c) **Federal Share.—** The Federal share payable on account of any [project](/usc/23/501.md?p=7) or activity carried out under [subsection (a)](#a) shall not exceed 80 percent.

# §517. National architecture and standards

- (a) **In General.—**
  - (1) **Development, implementation, and maintenance.—** In accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ([15 U.S.C. 272](/usc/15/272.md) note; 110 Stat. 783; 115 Stat. 1241), the [Secretary](/usc/23/101.md?p=a-27) shall develop and maintain a national [ITS](/usc/23/501.md?p=5) architecture and supporting [ITS](/usc/23/501.md?p=5) [standards](/usc/23/501.md?p=9) and protocols to promote the use of systems engineering methods in the widespread deployment and evaluation of [intelligent transportation systems](/usc/23/501.md?p=5) as a component of the surface transportation systems of the United States.
  - (2) **Interoperability and efficiency.—** To the maximum extent practicable, the national [ITS](/usc/23/501.md?p=5) architecture and supporting [ITS](/usc/23/501.md?p=5) [standards](/usc/23/501.md?p=9) and protocols shall promote interoperability among, and efficiency of, [intelligent transportation systems](/usc/23/501.md?p=5) and technologies implemented throughout the United States.
  - (3) **Use of standards development organizations.—** In carrying out this section, the [Secretary](/usc/23/101.md?p=a-27) shall support the development and [maintenance](/usc/23/101.md?p=a-13) of [standards](/usc/23/501.md?p=9) and protocols using the services of such [standards](/usc/23/501.md?p=9) development organizations as the [Secretary](/usc/23/101.md?p=a-27) determines to be necessary and whose memberships include representatives of the surface transportation and [intelligent transportation systems](/usc/23/501.md?p=5) industries.
- (b) **Standards for National Policy Implementation.—** If the [Secretary](/usc/23/101.md?p=a-27) finds that a [standard](/usc/23/501.md?p=9) is necessary for implementation of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the [Secretary](/usc/23/101.md?p=a-27), after consultation with stakeholders, may establish and require the use of that [standard](/usc/23/501.md?p=9).
- (c) **Provisional Standards.—**
  - (1) **In general.—** If the [Secretary](/usc/23/101.md?p=a-27) finds that the development or balloting of an [intelligent transportation system](/usc/23/501.md?p=5) [standard](/usc/23/501.md?p=9) jeopardizes the timely achievement of the objectives described in [subsection (a)](#a), the [Secretary](/usc/23/101.md?p=a-27) may establish a provisional [standard](/usc/23/501.md?p=9), after consultation with affected parties, using, to the maximum extent practicable, the work product of appropriate [standards](/usc/23/501.md?p=9) development organizations.
  - (2) **Period of effectiveness.—** A provisional [standard](/usc/23/501.md?p=9) established under [paragraph (1)](#c-1) shall be published in the Federal Register and remain in effect until the appropriate [standards](/usc/23/501.md?p=9) development organization adopts and publishes a [standard](/usc/23/501.md?p=9).
- (d) **Conformity With National Architecture.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#d-2), the [Secretary](/usc/23/101.md?p=a-27) shall ensure that [intelligent transportation system](/usc/23/501.md?p=5) [projects](/usc/23/501.md?p=7) carried out using amounts made available from the [Highway](/usc/23/101.md?p=a-11) Trust Fund, including amounts made available to deploy [intelligent transportation systems](/usc/23/501.md?p=5), conform to the appropriate regional [ITS](/usc/23/501.md?p=5) architecture, applicable [standards](/usc/23/501.md?p=9), and protocols developed under subsection [(a)](#a) or [(c)](#c).
  - (2) **Discretion of the secretary.—** The [Secretary](/usc/23/101.md?p=a-27), at the discretion of the [Secretary](/usc/23/101.md?p=a-27), may offer an exemption from [paragraph (1)](#d-1) for [projects](/usc/23/501.md?p=7) designed to achieve specific research objectives outlined in the national [intelligent transportation system](/usc/23/501.md?p=5) program plan or the surface transportation research and development strategic plan developed under section 508.[^1]

# §518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment

- (a) **In General.—** Not later than July 6, 2016, the [Secretary](/usc/23/101.md?p=a-27) shall make available to the public on a Department of Transportation website a report that—
  - (1) assesses the status of dedicated short-range communications technology and applications developed through research and development;
  - (2) analyzes the known and potential gaps in short-range communications technology and applications;
  - (3) defines a recommended implementation path for dedicated short-range communications technology and applications that—
    - (A) is based on the assessment described in [paragraph (1)](#a-1); and
    - (B) takes into account the analysis described in [paragraph (2)](#a-2);
  - (4) includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the National [ITS](/usc/23/501.md?p=5) Architecture and [ITS](/usc/23/501.md?p=5) [Standards](/usc/23/501.md?p=9); and
  - (5) ensures competition by not preferencing the use of any particular frequency for vehicle to infrastructure operations.
- (b) **Report Review.—** The [Secretary](/usc/23/101.md?p=a-27) shall enter into agreements with the National Research Council and an independent third party with subject matter expertise for the review of the report described in [subsection (a)](#a).