23 U.S.C. § 510 — Future strategic highway research pro-

Page 459 TITLE 23—HIGHWAYS § 510 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. [§ 509. Repealed. Pub. L. 112–141, div. E, title II, § 52008(a), July 6, 2012, 126 Stat. 882] Section, added Pub. L. 109–59, title V, § 5209(a), Aug. 10, 2005, 119 Stat. 1800, related to national cooperative freight transportation research program. A prior section 509, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 833, related to relocation assistance pro- grams on Federal highway projects, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 510. Future strategic highway research pro- gram (a) ESTABLISHMENT.—The Secretary, in con- sultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Acad- emy of Sciences, the future strategic highway research program. (b) COOPERATIVE AGREEMENTS.—The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Sec- retary determines are appropriate. (c) PROGRAM PRIORITIES.— (1) PROGRAM ELEMENTS.—The program estab- lished under this section shall be based on the National Research Council Special Report 260, entitled ‘‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Qual- ity of Life’’ and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20–58. The research program shall in- clude an analysis of the following: (A) Renewal of aging highway infrastruc- ture with minimal impact to users of the fa- cilities. (B) Driving behavior and likely crash caus- al factors to support improved counter- measures. (C) Reducing highway congestion due to nonrecurring congestion. (D) Planning and designing new road ca- pacity to meet mobility, economic, environ- mental, and community needs. (2) DISSEMINATION OF RESULTS.—The research results of the program, expressed in terms of technologies, methodologies, and other appro- priate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable. (d) PROGRAM ADMINISTRATION.—In carrying out the program under this section, the National Re- search Council shall ensure, to the maximum ex- tent practicable, that— (1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts; (2) State department of transportation offi- cials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees; (3) the Council acquires a qualified, perma- nent core staff with the ability and expertise to manage the program and multiyear budget; and (4) there is no duplication of research effort between the program and any other research effort of the Department. (e) REPORT ON IMPLEMENTATION OF RESULTS.— (1) REPORT.—The Transportation Research Board of the National Research Council shall complete a report on the strategies and ad- ministrative structure to be used for imple- mentation of the results of the future stra- tegic highway research program. (2) COMPONENTS.—The report under para- graph (1) shall include with respect to the pro- gram— (A) an identification of the most promising results of research under the program (in- cluding the persons most likely to use the results); (B) a discussion of potential incentives for, impediments to, and methods of, imple- menting those results; (C) an estimate of costs of implementation of those results; and (D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in fu- ture years, including a discussion of the ad- ministrative structure and organization best suited to carry out those recommendations. (3) CONSULTATION.—In developing the report, the Transportation Research Board shall con- sult with a wide variety of stakeholders, in- cluding— (A) the Federal Highway Administration; (B) the National Highway Traffic Safety Administration; and (C) the American Association of State Highway and Transportation Officials. (4) SUBMISSION.—Not later than February 1, 2009, the report shall be submitted to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives. (f) FUNDING.— (1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using amounts made available under a grant or co- operative agreement under this section shall be 100 percent, and such funds shall remain available until expended. (2) ADVANCE PAYMENTS.—The Secretary may make advance payments as necessary to carry out the program under this section. Page 460 TITLE 23—HIGHWAYS § 511 (g) LIMITATION OF REMEDIES.— (1) SAME REMEDY AS IF UNITED STATES.—The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission by employees and individuals de- scribed in paragraph (3) arising from activities conducted under or in connection with this section. Any such claim shall be subject to the limitations and exceptions which would be ap- plicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of title 28. (2) EXCLUSIVENESS OF REMEDY.—The remedy referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. (3) TREATMENT.—Employees of the National Academy of Sciences and other individuals ap- pointed by the president of the National Acad- emy of Sciences and acting on its behalf in connection with activities carried out under this section shall be treated as if they are em- ployees of the Federal Government under sec- tion 2671 of title 28 for purposes of a civil ac- tion or proceeding with respect to a claim de- scribed in paragraph (1). The civil action or proceeding shall proceed in the same manner as any proceeding under chapter 171 of title 28 or action against the United States filed pur- suant to section 1346(b) of title 28 and shall be subject to the limitations and exceptions ap- plicable to such a proceeding or action. (4) SOURCES OF PAYMENTS.—Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to carry out this section, and then from sums made available under section 1304 of title 31. For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, award, or settle- ment payable under section 2414 or 2672 of title 28. The Secretary may establish a reserve of funds to carry out this section for making payments under this paragraph. (h) IMPLEMENTATION.—Notwithstanding any other provision of this section, the Secretary may use funds made available to carry out this section for implementation of research products related to the future strategic highway research program, including development, demonstra- tion, evaluation, and technology transfer activi- ties. (Added Pub. L. 109–59, title V, § 5210(a), Aug. 10, 2005, 119 Stat. 1801; amended Pub. L. 111–322, title II, § 2203(d), Dec. 22, 2010, 124 Stat. 3526.) Editorial Notes PRIOR PROVISIONS A prior section 510, added Pub. L. 91–605, title I, § 117(b), Dec. 31, 1970, 84 Stat. 1724, related to construc- tion of replacement housing, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. Another prior section 510 was renumbered section 511 of this title and subsequently repealed. AMENDMENTS 2010—Subsec. (h). Pub. L. 111–322 added subsec. (h). § 511. Multistate corridor operations and man- agement (a) IN GENERAL.—The Secretary shall encour- age multistate cooperative agreements, coali- tions, or other arrangements to promote re- gional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations. (b) INTERSTATE ROUTE 95 CORRIDOR COALITION TRANSPORTATION SYSTEMS MANAGEMENT AND OP- ERATIONS.—The Secretary shall make grants under this subsection to States to continue in- telligent transportation system management and operations in the Interstate Route 95 cor- ridor coalition region initiated under the Inter- modal Surface Transportation Efficiency Act of 1991 (Public Law 102–240). (Added Pub. L. 109–59, title V, § 5211(a), Aug. 10, 2005, 119 Stat. 1804.) Editorial Notes REFERENCES IN TEXT The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), is Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914. For complete classification of this Act to the Code, see Short Title of 1991 Amend- ment note set out under section 101 of Title 49, Trans- portation, and Tables. PRIOR PROVISIONS A prior section 511, formerly 510, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 834; renumbered § 511, Pub. L. 91–605, title I, § 117(a), Dec. 31, 1970, 84 Stat. 1724, related to authority of Secretary, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. Another prior section 511 was renumbered section 512 of this title and subsequently repealed. § 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, in consultation with interested stakeholders (including State transportation departments) shall develop a 5-year National Intelligent Transportation System (in this section referred to as ‘‘ITS’’) program plan. (2) SCOPE.—The National ITS program plan shall— (A) specify the goals, objectives, and mile- stones for the research and deployment of intelligent transportation systems in the contexts of— (i) major metropolitan areas; (ii) smaller metropolitan and rural areas; and (iii) commercial vehicle operations;