Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the Infrastructure Investment and Jobs Act (IIJA)

Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the Infrastructure Investment and Jobs Act (IIJA)

February 4, 2022
Extreme Weather and Lifeline Infrastructure Resilience:
Provisions in the Infrastructure Investment and Jobs Act (IIJA)
On December 10, 2021, deadly tornadoes struck Kentucky,
Voluntary Public-Private Partnerships
Arkansas, Tennessee, Missouri, and Illinois, killing nearly
Key federal nonregulatory authorities for voluntary CISR
90 people and causing widespread damage to lifeline
risk management programs date to the late 1990s. After the
infrastructure in the transportation, energy, water and
September 11, 2001, terrorist attacks, Congress enacted the
wastewater, and communications sectors. (The Department
Homeland Security Act of 2002 (P.L. 107-296), which
of Homeland Security designates lifeline sectors as those
expanded certain authorities and added others.
where reliable operations are essential to many other critical
infrastructure functions.) Many public officials and
A 2013 presidential directive established 16 critical
policymakers voiced concerns that the tornadoes and other
infrastructure sectors encompassing functions in industry,
extreme weather events represented a “new normal” of
commerce, governance, and public safety. It assigned
elevated risk to critical infrastructure.
responsibility for leadership and interagency coordination
to the Secretary of Homeland Security. Designated federal
The Infrastructure Investment and Jobs Act (IIJA; P.L. 117-
agencies and sector stakeholders have formed interagency,
58) directly funds resilience and adaptation projects for
FSLTT, and private sector coordination bodies and
certain lifeline infrastructure. In addition, it makes new
information sharing organizations for each critical
investments in research and development (R&D), analysis,
infrastructure sector and related subsectors.
and planning, which are intended to improve the critical
infrastructure risk management practices of federal agencies
Observers have offered mixed assessments of effectiveness,
and partners. This In Focus summarizes IIJA risk
especially in the area of information sharing between the
management provisions that address resilience of lifeline
private sector and federal agencies. Private sector concerns
critical infrastructure sectors to extreme weather. Further, it
about protecting proprietary information and avoiding
discusses how implementation of these provisions may
potential legal exposure or regulatory enforcement have
affect the national critical infrastructure security and
generally limited interest in information-sharing activities,
resilience (CISR) enterprise as a whole.
despite enactment of certain legal exemptions and measures
to protect confidentiality.
Policy Background
Federal agencies commonly assess risk as “a measure of
Standards Development and Regulation
potential harm from an undesirable event that encompasses
Standards for reliability and resilience of infrastructure
threat, vulnerability, and consequence.” The statutory
systems, assets, and networks play a large role in critical
definition of critical infrastructure in the Uniting and
infrastructure risk management. Private sector entities
Strengthening America by Providing Appropriate Tools
commonly develop and adopt voluntary consensus
Required to Intercept and Obstruct Terrorism (USA
standards for reasons of business continuity, systems
PATRIOT) Act (P.L. 107-56) incorporates this concept of
compatibility and interoperability, and public policy
risk—i.e., “systems and assets, whether physical or virtual,
concerns—i.e., to preempt or complement regulatory
so vital to the U.S. that the incapacity or destruction of such
mandates. Private sector entities develop standards both
systems and assets would have a debilitating impact on
independently and in collaboration with FSLTT agencies.
security, national economic security, national public health
or safety.”
Regulatory agencies may incorporate consensus industry
standards by reference, giving them legal effect, or may
As a discipline, critical infrastructure risk management
allow covered entities to choose for themselves which—if
focuses on identifying critical systems, assets, and
any—elements of a given standard to adopt. Regulatory
networks; assessing vulnerabilities, threats, and hazards;
agencies may also create and enforce reliability standards
and mitigating risk based on cost and other factors. The
independently as part of an existing regulatory process if
federal CISR policy framework consists of both
authorized to do so by law.
compulsory (regulatory) and voluntary (non-regulatory)
elements for managing risk, which coexist with—and often
Resilience and reliability standards for lifeline
mutually influence—each other. Federal, state, local,
infrastructure against extreme weather hazards are largely
territorial, and tribal (FSLTT) agencies, private sector
voluntary outside the electricity subsector. In the case of the
stakeholders, researchers, and nonprofits manage critical
electricity subsector, a private nonprofit operating under
infrastructure risks within this broad framework.
auspices of the Federal Energy Regulatory Commission
creates and enforces mandatory and enforceable standards
in consultation with government and industry partners.
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Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the Infrastructure Investment and Jobs Act (IJA)
Lifeline Sector Resilience and the IIJA
outages due to climate-related hazards, and to enhance
IIJA provisions for management of weather-related lifeline
resilience of the grid. Some eligible activities include
infrastructure risks apply to the transportation, energy, and
burying power lines, implementing distributed grid
water and wastewater systems sectors. Communications
technologies, and improving information sharing
provisions focus on availability and affordability of
capabilities. Some funding prioritizes community benefit as
broadband internet service.
predicted by community risk assessments.
Transportation Systems Sector
IIJA also provides $5 billion in competitive grants to states
IIJA establishes the Promoting Resilient Operations for
and other entities for advanced transmission, energy
Transformative, Efficient, and Cost-saving Transportation
storage, and distribution demonstration projects “to harden
(PROTECT) Program to support adaptation and resilience
and enhance resilience and reliability” in collaboration with
projects, and improvement of planning and analysis
electricity infrastructure operators. In addition, IIJA
functions (including vulnerability assessments). Funding
modifies Department of Energy authorities for facilitating
from the Highway Trust Fund is authorized at an annual
expansion of transmission capacity, which may increase
average of $1.7 billion over five years.
grid resilience to extreme weather. See CRS Insight
IN11821, IIJA: Efforts to Address Electric Transmission for
Further, IIJA authorizes a total of $500 million (subject to
Reliability, Resilience, and Renewables, by Richard J.
appropriation) for creation of 10 regional Centers of
Campbell.
Excellence for Resilience and Adaptation. Examples of
eligible activities include standards development for design,
Water and Wastewater Systems Sector
operations, and maintenance of climate-resilient
IIJA authorizes $500 million for water and wastewater
transportation infrastructure; stakeholder engagements to
systems resilience grant programs, divided evenly. For
increase technical capacity for risk assessments; and
systems serving fewer than 10,000 people, it supports
development of transportation infrastructure strategies with
infrastructure inventory and mapping projects. For larger
key stakeholders for long-term climate resilience. Under a
systems, it supports planning, design, and construction
separate provision, IIJA establishes the Advanced Research
projects. Applicants from larger systems must include an
Projects Agency–Infrastructure (ARPA-I) within the
assessment of natural hazard risk when applying.
Department of Transportation (DOT) to support R&D for
infrastructure resilience, among other purposes. Funding is
IIJA also authorizes $25 million for centers of excellence to
authorized subject to appropriation.
support storm water control infrastructure R&D, and $50
million to support development of relevant standards and
IIJA also mandates certain transportation data collection,
adoption of new technologies. See CRS Report R46892,
management, and analysis activities. It requires DOT—in
Infrastructure Investment and Jobs Act (IIJA): Drinking
consultation with designated research centers and other
Water and Wastewater Infrastructure, by Elena H.
stakeholders—to develop quantitative measures of
Humphreys and Jonathan L. Ramseur.
resilience and annual risk affecting transportation
infrastructure. Further, DOT must conduct outreach to
Policy Implications
governmental and nongovernmental stakeholders to assist
IIJA may strengthen the government position in public-
in implementation of the new analytical methods and
private partnerships by expanding agency risk assessment
capabilities. DOT must also assist state and local
and planning capabilities, and by increasing their capacities
jurisdictions and planning bodies in improving statistics to
to directly fund resilience research, standards development,
inform transportation policy, including infrastructure
and projects. Agencies may support development of favored
resilience to severe weather. IIJA authorizes $50 million
technologies, and require private-sector utilities and other
(subject to appropriation) to support this activity.
entities seeking grant funding to submit ris k-based
vulnerability assessments of lifeline infrastructure
IIJA also makes changes to the federal highway program to
systems—a step that may increase risk awareness. In
improve adaptation and resilience. IIJA adds definitions of
addition, new risk metrics and standards developed under
resilience and natural infrastructure to U.S.C. Title 23. It
IIJA may affect infrastructure policies and plans. IIJA may
allows use of federal funds for “protective features” to
also affect interagency and FSLTT relationships. For
mitigate the risk of recurring damage from extreme weather
example, new DOT funding and authorities may elevate its
events. It allows up to 15% of the annual apportionment of
profile and reach within the national CISR enterprise.
National Highway Performance Program funding to be used
for resilience of highways or bridges not part of the
Through legislation and oversight, Congress may affect
National Highway System.
how—or if—new standards, metrics, and technologies for
lifeline infrastructure resilience are promulgated, whether
Energy Sector
through voluntary adoption or regulation. Congress may
Under the federal CISR framework described above, the
also exercise oversight of new agency functions, evolving
energy sector has two subsectors: electricity, and oil and
interagency and FSLTT relations, and public-private
natural gas. Energy infrastructure provisions of the IIJA
partnerships.
related to resilience and adaptation focus on electricity.
Brian E. Humphreys, Analyst in Science and Technology
IIJA creates a $5 billion grant program for grid operators,
Policy
generation facilities, and other related entities to prevent
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Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the Infrastructure Investment and Jobs Act (IJA)

IF12034

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