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

submitted 14 years ago by Pub. L. 112-141 to r/title-23-HIGHWAYS · 1,221 words · no verdicts yet

in plain englishAI-generated · not legal advice

Directs the Secretary to run an ongoing intelligent transportation system program. It covers research, testing, technical help, cooperation, planning support, a public data repository, an advisory committee, and reporting rules.

(a) Scope. Subject to sections 512 through 518, the Secretary must run an ongoing intelligent transportation system program. The program must (1) research, develop, and operationally test intelligent transportation systems; and (2) provide technical help for using those systems nationwide as part of the United States surface transportation system. (b) Policy. Research projects and operational tests funded under sections 512 through 518 must encourage public-private partnerships and private-sector investment in those tests and projects. They must not replace those partnerships or investments. (c) Cooperation with governmental, private, and educational entities. The Secretary must carry out the program in cooperation with State and local governments and other public entities; United States private-sector firms; Federal laboratories; 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 program, the Secretary must consult, when appropriate, with the heads of other Federal agencies. (e) Technical assistance, training, and information. The Secretary may give technical help, training, and information to State and local governments that seek 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, in metropolitan and statewide transportation-planning processes. (g) Information clearinghouse. (1) In general. The Secretary must (A) maintain a repository for technical and safety data collected from federally sponsored projects carried out under sections 512 through 518; and (B) on request, make that information readily available to all repository users at an appropriate cost. Proprietary information and data do not have to be made available. (2) Agreement. (A) In general. The Secretary may make an agreement with a third party to maintain the repository for the technical and safety data. (B) Federal financial assistance. If the Secretary makes such an agreement with an entity, that entity is eligible for Federal financial assistance under this section. (3) Availability of information. Information in the repository is not subject to sections 552 and 555 of title 5, United States Code. (h) Advisory Committee. (1) In general. The Secretary must establish an Advisory Committee to advise the Secretary about carrying out sections 512 through 518. (2) Membership. The Committee may have no more than 25 members. Its membership must be balanced between metropolitan and rural interests. At a minimum, it must include: (A) a State highway-department representative; (B) a local highway-department representative who is not from a metropolitan planning organization; (C) a representative of a State, local, or regional transit agency; (D) a representative of a State, local, or regional wildlife, land-use, or resource-management agency; (E) a metropolitan planning organization representative; (F) a representative of a national transit association; (G) a representative of a national, State, or local transportation agency or association; (H) a private-sector user of intelligent transportation system technologies; (I) a private-sector developer of those technologies, possibly including emerging vehicle technologies; (J) an academic computer-science or other information-science researcher with expertise related to intelligent transportation systems, who is not an expert on transportation issues; (K) an academic civil-engineering researcher; (L) an academic social-science researcher with expertise in transportation issues; (M) an academic biological or ecological scientist with expertise in transportation issues; (N) a representative of a nonprofit group representing the intelligent transportation system industry; (O) a representative of a safety-focused public-interest group; (P) a labor-organization representative; (Q) a representative of an entity that provides mobility; (R) a traffic-management expert; (S) a representative of a public-interest group concerned with transportation’s effect on land use and residential patterns; (T) a representative of a public-interest group concerned with transportation’s effect on land species, water species, and their habitat; (U) members with expertise in planning, safety, telecommunications, and operations; (V) a cybersecurity expert; and (W) an automobile manufacturer. (3) Term. (A) In general. An Advisory Committee member’s term is 3 years. (B) Renewal. When a member’s term ends, the member (i) may be appointed again; or (ii) if not appointed again, may continue serving until a new member is appointed. (4) Meetings. The Committee (A) must meet at least twice each year; and (B) may meet by remote video conference. (5) Duties. At a minimum, the Committee must: (A) give input on the intelligent transportation system parts of the strategic plan under section 6503 of title 49; (B) at least once a year, review intelligent transportation system program and research areas that the Department is considering for funding, to determine (i) whether the activities are likely to advance current practice or the state of the art in intelligent transportation systems; (ii) whether users are likely to deploy the technologies and, if not, what prevents deployment; and (iii) the proper roles of government and the private sector in investing in the programs, research, and technologies under consideration. (6) Report. By May 1 of each year, the Secretary must make a report available to the public on a Department of Transportation website. The report must include (A) every recommendation the Committee made during the preceding calendar year; (B) an explanation of how the Secretary implemented those recommendations; and (C) for recommendations not implemented, the reasons for rejecting them. (7) Applicability of chapter 10 of title 5, United States Code. Chapter 10 of title 5, United States Code, applies to the Advisory Committee. (i) Reporting. (1) Guidelines and requirements. (A) In general. The Secretary must issue guidelines and requirements for reporting on and evaluating operational tests and deployment projects carried out under sections 512 through 518. (B) Objectivity and independence. Those guidelines and requirements must ensure that the reporting entity is objective and independent. They must prevent any real or apparent conflict of interest or possible influence over the result by a party to the test or deployment project, or by any other formal evaluation under sections 512 through 518. (C) Funding. The guidelines and requirements must set reporting-funding levels based on each test’s or project’s size and scope. The levels must ensure adequate reporting of the test’s or project’s results. (2) Special rule. Any survey, questionnaire, or interview that the Secretary considers necessary for reporting on a test, deployment project, or program-assessment activity under sections 512 through 518 is not subject to chapter 35 of title 44, United States Code. The supplied section does not define the quoted term “intelligent transportation system.”
the actual law source: uscode.house.gov ↗public domain
(a)Scope.—

Subject to the provisions of sections 512 through 518, the Secretary shall conduct an ongoing intelligent transportation system program—

(1)

to research, develop, and operationally test intelligent transportation systems; 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 research projects and operational tests funded pursuant to sections 512 through 518 shall encourage and not displace public-private partnerships or private sector investment in those 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 firms of the United States, the Federal laboratories, 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 program, the Secretary shall consult with the heads of other Federal 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.

(g)Information Clearinghouse.—
(1)In general.—

The Secretary shall—

(A)

maintain a repository for technical and safety data collected as a result of federally 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 repository at an appropriate cost.

(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 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 and 555 of title 5, United States Code.

(h)Advisory Committee.—
(1)In general.—

The Secretary shall establish an Advisory Committee (referred to in this subsection as the “Advisory Committee”) to advise the Secretary on carrying out sections 512 through 518.

(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 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 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, or local transportation agency or association;

(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 transportation 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 biological or ecological scientist with expertise in transportation issues;

(N)

a representative from a nonprofit group representing the intelligent transportation system industry;

(O)

a representative from a public interest group concerned with safety;

(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, 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 aspects of the strategic plan under section 6503 of title 49.

(B)

Review, at least annually, areas of intelligent 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 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; 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 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 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 of title 5, United States Code.

(i)Reporting.—
(1)Guidelines and requirements.—
(A)In general.—

The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under sections 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 requirements 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, questionnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment activity under sections 512 through 518 shall not be subject to chapter 35 of title 44, United States Code.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-141 · 126 Stat. 899
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1438, 1567
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 641, 836
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4325

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.

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