Section 51001 of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (b)(7)(A), is section 51001 of title I of div. E of Pub. L. 112–141, which is not classified to the Code.

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(4), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short title note set out under section 3701 of Title 15 and Tables.

A prior section 502, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 831, related to State assurances of adequate highway relocation assistance program, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

2015—Subsec. (a)(9). Pub. L. 114–94, § 6019(d)(1)(C)(i), substituted “transportation research and development strategic plan under section 6503 of title 49” for “transportation research and technology development strategic plan developed under section 508”.

Subsec. (b)(4). Pub. L. 114–94, § 6019(d)(1)(C)(ii), substituted “transportation research and development strategic plan under section 6503 of title 49” for “transportation research and development strategic plan of the Secretary developed under section 508”.

2012—Pub. L. 112–141, § 52002(a)(1), which directed insertion of “, development, and technology” after “surface transportation research” in section catchline, was executed by making the insertion after “Surface transportation research”, to reflect the probable intent of Congress.

Subsec. (a)(1). Pub. L. 112–141, § 52002(a)(2)(B), added par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2). Pub. L. 112–141, § 52002(a)(2)(A), (C), redesignated par. (1) as (2) and inserted “within the innovation lifecycle” after “activities” and “communications, impact analysis,” after “training,”. Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 112–141, § 52002(a)(2)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (a)(3)(B). Pub. L. 112–141, § 52002(a)(2)(D)(i), substituted “delivers a clear public benefit and occurs where” for “supports research in which there is a clear public benefit and”.

Subsec. (a)(3)(D) to (I). Pub. L. 112–141, § 52002(a)(2)(D)(ii)–(iv), added subpars. (D) to (H) and redesignated former subpar. (D) as (I).

Subsec. (a)(4). Pub. L. 112–141, § 52002(a)(2)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(4)(B) to (G). Pub. L. 112–141, § 52002(a)(2)(E), added subpars. (B) to (G) and struck out former subpars. (B) to (D) which read as follows:

“(B) support and facilitate research and technology transfer activities by State highway agencies;

“(C) share results of completed research; and

“(D) support and facilitate technology and innovation deployment.”

Subsec. (a)(5). Pub. L. 112–141, § 52002(a)(2)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(5)(C). Pub. L. 112–141, § 52002(a)(2)(F), substituted “all highway objectives seeking to improve the performance of the transportation system” for “policy and planning”.

Subsec. (a)(6). Pub. L. 112–141, § 52002(a)(2)(A), (G), redesignated par. (5) as (6) and inserted “tribal governments,” after “local governments,”. Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 112–141, § 52002(a)(2)(A), redesignated par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (a)(8). Pub. L. 112–141, § 52002(a)(2)(A), (H), redesignated par. (7) as (8), designated first, second, and third sentences as subpars. (A), (B), and (D), respectively, inserted subpar. headings, substituted “All evaluations under this paragraph” for “All evaluations” in subpar. (D), and added subpar. (C). Former par. (8) redesignated (9).

Subsec. (a)(9). Pub. L. 112–141, § 52002(a)(2)(A), (I), redesignated par. (8) as (9) and struck out “surface” before “transportation research”.

Subsec. (b)(4). Pub. L. 112–141, § 52002(a)(3)(A), substituted “transportation research and development strategic plan of the Secretary developed under section 508” for “surface transportation research and technology development strategic plan developed under section 508”.

Subsec. (b)(5). Pub. L. 112–141, § 52002(a)(3)(B), substituted “chapter” for “section” wherever appearing.

Subsec. (b)(6)(C), (D). Pub. L. 112–141, § 52002(a)(3)(C), added subpars. (C) and (D).

Subsec. (b)(7). Pub. L. 112–141, § 52002(a)(3)(D), added par. (7).

Subsec. (c)(3)(A). Pub. L. 112–141, § 52002(a)(4)(A), substituted “chapter” for “subsection” and “80” for “50”.

Subsec. (c)(4). Pub. L. 112–141, § 52002(a)(4)(B), substituted “chapter” for “subsection”.

Subsecs. (d) to (j). Pub. L. 112–141, § 52002(a)(5), struck out subsecs. (d) to (j) relating to contents of research program, exploratory advanced research, long-term pavement performance program, seismic research, infrastructure investment needs report, Turner-Fairbank Highway Research Center, and long-term bridge performance program, respectively.

2011—Subsec. (c)(5). Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.

2008—Subsec. (h). Pub. L. 110–244 struck out subsec. (h) relating to infrastructure investment needs report to be submitted not later than Jan. 31, 1999, and Jan. 31 of every second year thereafter.

2005—Subsec. (a). Pub. L. 109–59, § 5201(b)(2), added subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c).

Subsec. (b)(1)(B). Pub. L. 109–59, § 5201(e)(1), inserted “transportation system management and operations,” after “operation,”.

Subsec. (b)(3). Pub. L. 109–59, § 5201(c), reenacted heading without change and amended text of par. (3) generally. Prior to amendment, text read as follows: “The Secretary may carry out this section—

“(A) independently;

“(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or

“(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, the National Academy of Sciences, the American Association of State Highway and Transportation Officials, or any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person.”

Subsec. (b)(6). Pub. L. 109–59, § 5201(d), added par. (6).

Subsec. (c). Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (c)(2). Pub. L. 109–59, § 5201(f), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)).”

Subsec. (d). Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(5)(C). Pub. L. 109–59, § 5201(e)(2), inserted “system management and” before “operations programs”.

Subsec. (d)(12) to (14). Pub. L. 109–59, § 5201(e)(3), added pars. (12) to (14).

Subsec. (e). Pub. L. 109–59, § 5201(g), amended heading and text of subsec. (e) generally, substituting provisions relating to exploratory advanced research for provisions relating to establishment of an advanced research program and authorizing the Secretary to make grants and enter into cooperative agreements and contracts in such areas including: characterization of materials used in highway infrastructure; diagnostics for evaluation of the condition of bridge and pavement structures to enable the assessment of risks of failure; design and construction details for composite structures; safety technology-based problems in the areas of pedestrian and bicycle safety, roadside hazards, and composite materials for roadside safety hardware; environmental research, including particulate matter source apportionment and model development; data acquisition techniques for system condition and performance monitoring; and human factors, including prediction of the response of travelers to new technologies.

Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 109–59, § 5201(i)(1), reenacted heading without change and amended text of subsec. (f) generally, substituting provisions authorizing tests, monitoring, and data analysis under the long-term pavement performance program through Sept. 30, 2009, for provisions directing the completion of long-term pavement performance program tests through the midpoint of a planned 20-year life of the long-term pavement performance program.

Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 109–59, § 5201(j)(1), amended heading and text of subsec. (g) generally. Prior to amendment, subsec. (g) directed the Secretary to establish a seismic research program and to conduct such program in cooperation with the National Center for Earthquake Engineering Research at the University of Buffalo and in consultation and cooperation with Federal departments and agencies participating in the National Earthquake Hazards Reduction Program.

Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 109–59, § 5201(k), added subsec. (h) relating to infrastructure investment needs report to be submitted not later than July 31, 2006, and July 31 of every second year thereafter.

Pub. L. 109–59, § 5201(b)(1), redesignated subsec. (g), relating to infrastructure investment needs report to be submitted not later than Jan. 31, 1999, and Jan. 31 of every second year thereafter, as (h).

Subsec. (i). Pub. L. 109–59, § 5201(l), added subsec. (i).

Subsec. (j). Pub. L. 109–59, § 5202(a)(1), added subsec. (j).

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.

Amendment by Pub. L. 112–141 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.

Pub. L. 117–58, div. B, title V, § 25002, Nov. 15, 2021, 135 Stat. 837, provided that:

Pub. L. 117–58, div. B, title V, § 25005, Nov. 15, 2021, 135 Stat. 840, provided that:

“(5) Regional partnership.—The term ‘regional partnership’ means a partnership composed of 2 or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community.

“(6) Rural community.—The term ‘rural community’ means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code).

“(7) SMART grant.—The term ‘SMART grant’ means a grant provided to an eligible entity under the Strengthening Mobility and Revolutionizing Transportation Grant Program established under subsection (b).

“(b) Establishment of Program.—The Secretary [of Transportation] shall establish a program, to be known as the ‘Strengthening Mobility and Revolutionizing Transportation Grant Program’, under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety.

“(c) Distribution.—In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1).

“(d) Applications.—

“(1) In general.—An eligible entity may submit to the Secretary an application for a SMART grant at such time, in such manner, and containing such information as the Secretary may require.

“(2) Transparency.—The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated.

“(3) Selection criteria.—

“(A) In general.—The Secretary shall evaluate applications for SMART grants based on—

“(i) the extent to which the eligible entity or applicable beneficiary community—

     “(I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency;

     “(II) has a population density and transportation needs conducive to demonstrating proposed strategies;

     “(III) has continuity of committed leadership and the functional capacity to carry out the proposed project;

     “(IV) is committed to open data sharing with the public; and

     “(V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and

“(ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will—

     “(I) reduce congestion and delays for commerce and the traveling public;

     “(II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;

     “(III) improve access to jobs, education, and essential services, including health care;

     “(IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs;

     “(V) contribute to medium- and long-term economic competitiveness;

     “(VI) improve the reliability of existing transportation facilities and systems;

     “(VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems[;]

     “(VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable;

     “(IX) improve energy efficiency or reduce pollution;

     “(X) increase the resiliency of the transportation system; and

     “(XI) improve emergency response.

“(B) Priority.—In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would—

“(i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled;

“(ii) encourage public and private sharing of data and best practices;

“(iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability;

“(iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups;

“(v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices;

“(vi) encourage the adoption of smart city or community technologies by communities;

“(vii) promote industry practices regarding cybersecurity; and

“(viii) safeguard individual privacy.

“(4) Technical assistance.—On request of an eligible entity that submitted an application under paragraph (1) with respect to a project that is not selected for a SMART grant, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.

“(e) Use of Grant Funds.—

“(1) Eligible projects.—

“(A) In general.—A SMART grant may be used to carry out a project that demonstrates at least 1 of the following:

“(i) Coordinated automation.—The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel.

“(ii) Connected vehicles.—Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity.

“(iii) Intelligent, sensor-based infrastructure.—The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance.

“(iv) Systems integration.—The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies.

“(v) Commerce delivery and logistics.—Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs.

“(vi) Leveraging use of innovative aviation technology.—Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection.

“(vii) Smart grid.—Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency.

“(viii) Smart technology traffic signals.—Improving the active management and functioning of traffic signals, including through—

     “(I) the use of automated traffic signal performance measures;

     “(II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies;

     “(III) replacing outdated traffic signals; or

     “(IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology.

“(2) Eligible project costs.—A SMART grant may be used for—

“(A) development phase activities, including—

“(i) planning;

“(ii) feasibility analyses;

“(iii) revenue forecasting;

“(iv) environmental review;

“(v) permitting;

“(vi) preliminary engineering and design work;

“(vii) systems development or information technology work; and

“(viii) acquisition of real property (including land and improvements to land relating to an eligible project); and

“(B) construction phase activities, including—

“(i) construction;

“(ii) reconstruction;

“(iii) rehabilitation;

“(iv) replacement;

“(v) environmental mitigation;

“(vi) construction contingencies; and

“(vii) acquisition of equipment, including vehicles.

“(3) Prohibited uses.—A SMART grant shall not be used—

“(A) to reimburse any preaward costs or application preparation costs of the SMART grant application;

“(B) for any traffic or parking enforcement activity; or

“(C) to purchase or lease a license plate reader.

“(f) Reports.—

“(1) Eligible entities.—Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes—

“(A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and

“(B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including—

“(i) data describing the means by which the eligible project met the specific goals for the project, such as—

     “(I) reducing traffic-related fatalities and injuries;

     “(II) reducing traffic congestion or improving travel-time reliability;

     “(III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or

     “(IV) reducing barriers or improving access to jobs, education, or various essential services;

“(ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and

“(iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.

“(2) GAO.—Not later than 4 years after the date of enactment of this Act [Nov. 15, 2021], the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a review of the SMART grant program under this section.

“(3) Secretary.—

“(A) Report to congress.—Not later than 2 years after the date on which the initial SMART grants are provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

“(i) describes each eligible entity that received a SMART grant;

“(ii) identifies the amount of each SMART grant provided;

“(iii) summarizes the intended uses of each SMART grant;

“(iv) describes the effectiveness of eligible entities in meeting the goals described in the SMART grant application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and

“(v) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.

“(B) Best practices.—The Secretary shall—

“(i) develop and regularly update best practices based on, among other information, the data, lessons learned, and feedback from eligible entities that received SMART grants;

“(ii) publish the best practices under clause (i) on a publicly available website; and

“(iii) update the best practices published on the website under clause (ii) regularly.

“(g) Authorization of Appropriations.—

“(1) In general.—There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which—

“(A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities;

“(B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and

“(C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships.

“(2) Administrative costs.—Of the amounts made available under paragraph (1) for each fiscal year, not more than 2 percent shall be used for administrative costs of the Secretary in carrying out this section.

“(3) Limitation.—An eligible entity may not use more than 3 percent of the amount of a SMART grant for each fiscal year to achieve compliance with applicable planning and reporting requirements.

“(4) Availability.—The amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the 2-fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated.”

Pub. L. 109–59, title V, § 5501, Aug. 10, 2005, 119 Stat. 1820, provided that:

Pub. L. 109–59, title V, § 5502, Aug. 10, 2005, 119 Stat. 1820, provided that:

Pub. L. 109–59, title V, § 5513(a), Aug. 10, 2005, 119 Stat. 1829, provided that:

Pub. L. 105–178, title V, § 5112, June 9, 1998, 112 Stat. 445, provided that:

Pub. L. 109–59, title V, § 5506, Aug. 10, 2005, 119 Stat. 1823, provided that:

Pub. L. 105–178, title V, § 5113, June 9, 1998, 112 Stat. 445, provided that:

Pub. L. 109–59, title V, § 5204(g), Aug. 10, 2005, 119 Stat. 1794, provided that:

Pub. L. 105–178, title V, § 5117, June 9, 1998, 112 Stat. 448, as amended by Pub. L. 105–206, title IX, § 9011(g), (h), July 22, 1998, 112 Stat. 864; Pub. L. 105–277, div. A, § 101(g) [title III, § 3769 [369]], Oct. 21, 1998, 112 Stat. 2681–439, 2681–478; Pub. L. 107–117, div. B, § 1101, Jan. 10, 2002, 115 Stat. 2330; Pub. L. 109–59, title V, § 5508, Aug. 10, 2005, 119 Stat. 1824, provided that:

Pub. L. 117–58, div. A, title I, § 11304, Nov. 15, 2021, 135 Stat. 531, provided that:

Pub. L. 105–178, title V, subtitle C, June 9, 1998, 112 Stat. 452, as amended by Pub. L. 105–206, title IX, § 9011(c), July 22, 1998, 112 Stat. 863; Pub. L. 105–277, div. A, § 101(g) [title III, § 370], Oct. 21, 1998, 112 Stat. 2681–439, 2681–478; Pub. L. 109–59, title V, § 5509, Aug. 10, 2005, 119 Stat. 1828; Pub. L. 114–94, div. A, title VI, § 6019(d)(2), Dec. 4, 2015, 129 Stat. 1581; Pub. L. 117–286, § 4(a)(174), Dec. 27, 2022, 136 Stat. 4325, provided that:

[Pub. L. 109–59, title V, § 5509, Aug. 10, 2005, 119 Stat. 1828, provided that the amendment made by section 5509, repealing sections 5208 and 5209 of Pub. L. 105–178, set out above, is effective Oct. 1 2005.]

Pub. L. 102–240, title VI, § 6011, Dec. 18, 1991, 105 Stat. 2179, as amended by Pub. L. 117–286, § 4(a)(175), Dec. 27, 2022, 136 Stat. 4325, provided that:

Pub. L. 102–240, title VI, § 6016, Dec. 18, 1991, 105 Stat. 2182, as amended by Pub. L. 114–94, div. A, title I, § 1419(a), Dec. 4, 2015, 129 Stat. 1423, required the Administrator of the Federal Highway Administration to conduct studies of the fundamental chemical and physical properties of petroleum asphalts and modified asphalts used in highway construction in the United States and to submit reports on the progress of the studies and authorized appropriations for fiscal years 1992 to 1996.

Pub. L. 95–599, title I, § 166, Nov. 6, 1978, 92 Stat. 2722, provided that: “The Secretary of Transportation shall make a full and complete investigation and study of all those factors affecting the safe and efficient operation of bridges, tunnels, and roads within the United States, including, but not limited to, structural, operational, environmental, and civil disturbance factors.”