§ 503. Research and technology development and deployment

Pub. L. 117–58, div. A, title III, § 13002, Nov. 15, 2021, 135 Stat. 624, provided that: “(a) Definitions.—In this section:“(1) Advisory board.—The term ‘advisory board’ means the Federal System Funding Alternative Advisory Board established under subsection (g)(1). “(2) Commercial vehicle.—The term ‘commercial vehicle’ has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. “(3) Highway trust fund.—The term ‘Highway Trust Fund’ means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986 [26 U.S.C. 9503]. “(4) Light truck.—The term ‘light truck’ has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). “(5) Medium- and heavy-duty truck.—The term ‘medium- and heavy-duty truck’ has the meaning given the term ‘commercial medium- and heavy-duty on-highway vehicle’ in section 32901(a) of title 49, United States Code. “(6) Passenger motor vehicle.—The term ‘passenger motor vehicle’ has the meaning given the term in section 32101 of title 49, United States Code. “(7) Per-mile user fee.—The term ‘per-mile user fee’ means a revenue mechanism that—“(A) is applied to road users operating motor vehicles on the surface transportation system; and “(B) is based on the number of vehicle miles traveled by an individual road user. “(8) Pilot program.—The term ‘pilot program’ means the pilot program established under subsection (b)(1). “(9) Volunteer participant.—The term ‘volunteer participant’ means—“(A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; “(B) a commercial vehicle operator who volunteers to participate in the pilot program; or “(C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program. “(b) Establishment.—“(1) In general.—The Secretary [of Transportation], in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee—“(A) to restore and maintain the long-term solvency of the Highway Trust Fund; and “(B) to improve and maintain the surface transportation system. “(2) Objectives.—The objectives of the pilot program are—“(A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee; “(B) to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and “(C) to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee. “(c) Parameters.—In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall—“(1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; “(2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; “(3) ensure an equitable geographic distribution by population among volunteer participants; “(4) include commercial vehicles and passenger motor vehicles; and “(5) use components of and, where appropriate, coordinate with—“(A) the States that received a grant under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]); and “(B) eligible entities that received a grant under section 13001 [of Pub. L. 117–58, set out above]. “(d) Methods.—“(1) Tools.—In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools:“(A) Third-party on-board diagnostic (OBD-II) devices. “(B) Smart phone applications. “(C) Telemetric data collected by automakers. “(D) Motor vehicle data obtained by car insurance companies. “(E) Data from the States that received a grant under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]). “(F) Motor vehicle data obtained from fueling stations. “(G) Any other method that the Secretary considers appropriate. “(2) Coordination.—“(A) Selection.—The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program. “(B) Volunteer participants.—In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1). “(e) Motor Vehicle Per-mile User Fees.—For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts. “(f) Volunteer Participants.—The Secretary, in coordination with the Secretary of the Treasury, shall—“(1)(A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and “(B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and “(2) issue policies relating to the protection of volunteer participants, including policies that—“(A) protect the privacy of volunteer participants; and “(B) secure the data provided by volunteer participants. “(g) Federal System Funding Alternative Advisory Board.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall establish an advisory board, to be known as the ‘Federal System Funding Alternative Advisory Board’, to assist with—“(A) providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program; “(B) carrying out the public awareness campaign under subsection (h); and “(C) developing the report under subsection (n). “(2) Membership.—The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary:“(A) State departments of transportation. “(B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]). “(C) Representatives of the trucking industry, including owner-operator independent drivers. “(D) Data security experts with expertise in personal privacy. “(E) Academic experts on surface transportation systems. “(F) Consumer advocates, including privacy experts. “(G) Advocacy groups focused on equity. “(H) Owners of motor vehicle fleets. “(I) Owners and operators of toll facilities. “(J) Tribal groups or representatives. “(K) Any other representatives or entities, as determined appropriate by the Secretary. “(3) Recommendations.—Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program. “(h) Public Awareness Campaign.—“(1) In general.—The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information—“(A) related to the pilot program; “(B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]); and “(C) related to consumer privacy. “(2) Considerations.—In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. “(i) Revenue Collection.—The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which—“(1) may be adjusted as needed to address technical challenges; and “(2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. “(j) Agreement.—The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. “(k) Limitation.—Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code. “(l) Highway Trust Fund.—The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund. “(m) Payment.—Not more than 60 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall estimate an amount of payment for each volunteer based on the vehicle miles submitted by the volunteer for the calendar quarter and issue such payment to such volunteer participant. “(n) Report to Congress.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of—“(1) whether the objectives described in subsection (b)(2) were achieved; “(2) how volunteer participant protections in subsection (f)(2) were complied with; “(3) whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; “(4) how the privacy of volunteers was maintained; and “(5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. “(o) Funding.—“(1) In general.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026[,] $10,000,000 shall be used to carry out the pilot program under this section. “(2) Excess funds.—Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 13001 [of Pub. L. 117–58, set out above].”

Data Integration Pilot Program

Pub. L. 117–58, div. A, title III, § 13004, Nov. 15, 2021, 135 Stat. 629, provided that: “(a) Establishment.—The Secretary [of Transportation] shall establish a pilot program—“(1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated—“(A) weather conditions; “(B) roadway conditions; “(C) incidents, work zones, and other nonrecurring events related to emergency planning; and “(D) information from emergency responders; and “(2) to facilitate data integration between the Department [of Transportation], the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum—“(A) winter weather; “(B) heavy rainfall; and “(C) tropical weather events. “(b) Requirements.—In carrying out subsection (a)(1), the Secretary shall—“(1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and “(2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility. “(c) Treatment.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if—“(1) those activities were authorized under chapter 5 of title 23, United States Code; and “(2) the funds made available to carry out the pilot program were made available under that chapter. “(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended.”

Emerging Technology Research Pilot Program

Pub. L. 117–58, div. A, title III, § 13005, Nov. 15, 2021, 135 Stat. 629, provided that: “(a) Establishment.—The Secretary [of Transportation] shall establish a pilot program to conduct emerging technology research in accordance with this section. “(b) Activities.—The pilot program under this section shall include—“(1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and “(2) research and development activities (including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure performance)—“(A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and “(B) to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems. “(c) Treatment.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if—“(1) those activities were authorized under chapter 5 of title 23, United States Code; and “(2) the funds made available to carry out the pilot program were made available under that chapter. “(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.”

Open Challenge and Research Proposal Pilot Program

Pub. L. 117–58, div. A, title III, § 13006(e), Nov. 15, 2021, 135 Stat. 638, provided that: “(1) In general.—The Secretary [of Transportation] shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs. “(2) Requirements.—A research proposal submitted to the Secretary by an eligible entity shall address—“(A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or “(B) an issue or challenge that the Secretary determines to be important. “(3) Eligible entities.—An entity eligible to submit a research proposal under the pilot program under paragraph (1) is—“(A) a State; “(B) a unit of local government; “(C) a university transportation center under section 5505 of title 49, United States Code; “(D) a private nonprofit organization; “(E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through (D); and “(F) any other individual or entity that the Secretary determines to be appropriate. “(4) Project review.—The Secretary shall—“(A) review each research proposal submitted under the pilot program under paragraph (1); and “(B) provide to the eligible entity a written notice that—“(i) if the research proposal is not selected—“(I) notifies the eligible entity that the research proposal has not been selected for funding; “(II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and “(III) if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office; and “(ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. “(5) Federal share.—“(A) In general.—The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. “(B) Non-federal share.—All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection.”

Research on Connected Vehicle Technology

Pub. L. 117–58, div. B, title IV, § 24219, Nov. 15, 2021, 135 Stat. 831, provided that: “The Administrator of the National Highway Traffic Safety Administration, in collaboration with the head of the Intelligent Transportation Systems Joint Program Office and the Administrator of the Federal Highway Administration, shall— “(1) not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], expand vehicle-to-pedestrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems; and “(2) not later than 2 years after the date of enactment of this Act, submit to Congress and make publicly available a report describing the findings of the research efforts described in paragraph (1), including an analysis of the extent to which applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems.”

Surface Transportation System Funding Alternatives

Pub. L. 114–94, div. A, title VI, § 6020, Dec. 4, 2015, 129 Stat. 1582, which established a program to provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Highway Trust Fund, was repealed by Pub. L. 117–58, div. A, title III, § 13001(f)(1), Nov. 15, 2021, 135 Stat. 624.

High Performing Steel Bridge Research and Technology Transfer

Pub. L. 109–59, title V, § 5202(c), Aug. 10, 2005, 119 Stat. 1786, provided that: “(1) In general.—The Secretary [of Transportation] shall carry out a program to demonstrate the application of high-performing steel in the construction and rehabilitation of bridges. “(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $4,100,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection.”

Steel Bridge Testing

Pub. L. 109–59, title V, § 5202(d), Aug. 10, 2005, 119 Stat. 1787, provided that: “(1) In general.—The Secretary [of Transportation] shall carry out a program to test steel bridges using a nondestructive technology that is able to detect growing cracks, including subsurface flaws as small as 0.010 inches in length or depth, in the bridges. “(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $1,250,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection. “(3) Federal share.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 80 percent.”