23 U.S.C. § 520 — Transportation Resilience and Adaptation

Page 470 TITLE 23—HIGHWAYS § 518 AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–94 substituted ‘‘mem- berships include representatives of’’ for ‘‘memberships are comprised of, and represent,’’. 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. § 518. Vehicle-to-vehicle and vehicle-to-infra- structure communications systems deploy- ment (a) IN GENERAL.—Not later than July 6, 2016, the Secretary shall make available to the public on a Department of Transportation website a re- port that— (1) assesses the status of dedicated short- range communications technology and appli- cations developed through research and devel- opment; (2) analyzes the known and potential gaps in short-range communications technology and applications; (3) defines a recommended implementation path for dedicated short-range communica- tions technology and applications that— (A) is based on the assessment described in paragraph (1); and (B) takes into account the analysis de- scribed in paragraph (2); (4) includes guidance on the relationship of the proposed deployment of dedicated short- range communications to the National ITS Architecture and ITS Standards; and (5) ensures competition by not preferencing the use of any particular frequency for vehicle to infrastructure operations. (b) REPORT REVIEW.—The Secretary shall enter into agreements with the National Research Council and an independent third party with subject matter expertise for the review of the re- port described in subsection (a). (Added Pub. L. 112–141, div. E, title III, § 53006(a), July 6, 2012, 126 Stat. 904; amended Pub. L. 114–94, div. A, title VI, § 6009, Dec. 4, 2015, 129 Stat. 1567.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94, in introductory pro- visions, substituted ‘‘Not later than July 6, 2016, the Secretary shall make available to the public on a De- partment of Transportation website a report’’ for ‘‘Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Envi- ronment and Public Works of the Senate and the Com- mittees on Transportation and Infrastructure, Energy and Commerce, and Science, Space, and Technology of the House of Representatives’’. 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. § 519. Infrastructure development Funds made available to carry out this chap- ter for operational tests of intelligent transpor- tation systems— (1) shall be used primarily for the develop- ment of intelligent transportation system in- frastructure, equipment, and systems; and (2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intel- ligent transportation system project. (Added Pub. L. 114–94, div. A, title VI, § 6010(a), Dec. 4, 2015, 129 Stat. 1567.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 520. Transportation Resilience and Adaptation Centers of Excellence (a) DEFINITION OF CENTER OF EXCELLENCE.—In this section, the term ‘‘Center of Excellence’’ means a Center of Excellence for Resilience and Adaptation designated under subsection (b). (b) DESIGNATION.—The Secretary shall des- ignate 10 regional Centers of Excellence for Re- silience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Cen- ters, to receive grants to advance research and development that improves the resilience of re- gions of the United States to natural disasters and extreme weather by promoting the resil- ience of surface transportation infrastructure and infrastructure dependent on surface trans- portation. (c) ELIGIBILITY.—An entity eligible to be des- ignated as a Center of Excellence is— (1) an institution of higher education (as de- fined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or (2) a consortium of nonprofit organizations led by an institution of higher education. (d) APPLICATION.—To be eligible to be des- ignated as a Center of Excellence, an eligible en- tity shall submit to the Secretary an applica- tion at such time, in such manner, and con- taining such information as the Secretary may require, including a proposal that includes a de- scription of the activities to be carried out with a grant under this section. Page 471 TITLE 23—HIGHWAYS § 520 (e) SELECTION.— (1) REGIONAL CENTERS OF EXCELLENCE.—The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled ‘‘Standard Federal Regions’’ and dated April 1974 (cir- cular A–105). (2) NATIONAL CENTER OF EXCELLENCE.—The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dis- semination of research among the Centers. (3) CRITERIA.—In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider— (A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); (B) the merits of the proposal of an eligible entity and the extent to which the proposal would— (i) advance the state of practice in resil- ience planning and identify innovative re- silience solutions for transportation assets and systems; (ii) support activities carried out under the PROTECT program under section 176; (iii) support and build on work being car- ried out by another Federal agency relat- ing to resilience; (iv) inform transportation decision- making at all levels of government; (v) engage local, regional, Tribal, State, and national stakeholders, including, if ap- plicable, stakeholders representing trans- portation, transit, urban, and land use planning, natural resources, environ- mental protection, hazard mitigation, and emergency management; and (vi) engage community groups and other stakeholders that will be affected by transportation decisions, including under- served, economically disadvantaged, rural, and predominantly minority communities; and (C) the local, regional, Tribal, State, and national impacts of the proposal of the eligi- ble entity. (f) GRANTS.—Subject to the availability of ap- propriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in sub- section (g). (g) ACTIVITIES.—In carrying out this section, the Secretary shall ensure that a Center of Ex- cellence uses the funds from a grant under sub- section (f) to promote resilient transportation infrastructure, including through— (1) supporting climate vulnerability assess- ments informed by climate change science, in- cluding national climate assessments pro- duced by the United States Global Change Re- search Program under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of resilient trans- portation improvements, and transportation resilience planning; (2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; (3) research and development of new mate- rials and technologies that could be integrated into existing and new transportation infra- structure; (4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastruc- ture approaches and relocation; (5) development of and investment in new approaches for facilitating meaningful engage- ment in transportation decisionmaking by local, Tribal, regional, or national stake- holders and communities; (6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders— (A) to assess the vulnerability of transpor- tation infrastructure assets and systems; (B) to develop community response strate- gies; (C) to meaningfully engage with commu- nity stakeholders; and (D) to develop strategies and improve- ments for enhancing transportation infra- structure resilience under current condi- tions and a range of potential future condi- tions; (7) workforce development and training; (8) development and dissemination of data, tools, techniques, assessments, and informa- tion that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; (9) education and outreach regarding trans- portation infrastructure resilience; and (10) technology transfer and commercializa- tion. (h) FEDERAL SHARE.—The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent. (Added Pub. L. 117–58, div. A, title III, § 13009(a), Nov. 15, 2021, 135 Stat. 642.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of this title. CHAPTER 6—INFRASTRUCTURE FINANCE Sec. 601. Generally applicable provisions. 602. Determination of eligibility and project se- lection. 603. Secured loans. 604. Lines of credit. 605. Program administration. 606. State and local permits. 607. Regulations. 608. Funding. 609. Reports to Congress. 610. State infrastructure bank program. 611. Asset concessions and innovative finance as- sistance.