Pub. L. 109-59, tit. V, subtit. C, sec. 5304
INFRASTRUCTURE DEVELOPMENT.
SEC. 5304. 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 119 STAT. 1807 critically necessary to the implementation of an intelligent transportation system project.