23 USC 503 - Research and technology development and deployment

Editorial Notes

References in Text

The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (span)(3)(E), is the date of enactment of div. E of Puspan. L. 112–141, which was approved July 6, 2012.

The date of enactment of this subparagraph and the date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (c)(2)(D), (3)(C)(iii), (6)(B), are the date of enactment of div. A of Puspan. L. 117–58, which was approved Nov. 15, 2021.

Prior Provisions

A prior section 503, added Puspan. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 831, related to administration of highway relocation assistance program, prior to repeal by Puspan. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

Amendments

2021—Subsec. (a)(2). Puspan. L. 117–58, § 13006(a)(1), substituted “section 6503 of title 49” for “section 508”.

Subsec. (span)(1)(E), (F). Puspan. L. 117–58, § 13006(a)(2)(A), added subpars. (E) and (F).

Subsec. (span)(2)(C)(x) to (xvi). Puspan. L. 117–58, § 13006(a)(2)(B), added cl. (x) and redesignated former cls. (x) to (xv) as (xi) to (xvi), respectively.

Subsec. (span)(3)(B)(viii). Puspan. L. 117–58, § 13006(a)(2)(C)(i), inserted “, including weather,” after “events”.

Subsec. (span)(3)(C)(xv). Puspan. L. 117–58, § 13006(a)(2)(C)(ii)(I), inserted “extreme weather events and” after “withstand”.

Subsec. (span)(3)(C)(xx). Puspan. L. 117–58, § 13006(a)(2)(C)(ii)(II)–(IV), added cl. (xx).

Subsec. (span)(6)(C). Puspan. L. 117–58, § 13006(a)(2)(D), added subpar. (C).

Subsec. (span)(7)(B). Puspan. L. 117–58, § 13006(a)(2)(E)(i), inserted “innovations by leading” after “support” in introductory provisions.

Subsec. (span)(7)(B)(v). Puspan. L. 117–58, § 13006(a)(2)(E)(ii)–(iv), added cl. (v).

Subsec. (span)(8)(A). Puspan. L. 117–58, § 13006(a)(2)(F), substituted “current conditions and future needs of highways, bridges, and tunnels of the United States, including—” and cls. (i) to (iv) for “future highway and bridge needs of the United States and the backlog of current highway and bridge needs.”

Subsec. (span)(9). Puspan. L. 117–58, § 13006(a)(2)(G), added par. (9).

Subsec. (c)(1). Puspan. L. 117–58, § 13006(a)(3)(A)(i), inserted “use of rights-of-way permissible under applicable law,” after “structures,” in introductory provisions.

Subsec. (c)(1)(F). Puspan. L. 117–58, § 13006(a)(3)(A)(ii)–(iv), added subpar. (F).

Subsec. (c)(2)(B)(iii). Puspan. L. 117–58, § 13006(a)(3)(B)(i), substituted “and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation” for “improved tools and methods to accelerate the adoption”.

Subsec. (c)(2)(D). Puspan. L. 117–58, § 13006(a)(3)(B)(ii), added subpar. (D).

Subsec. (c)(3)(C). Puspan. L. 117–58, § 13006(a)(3)(C)(ii), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (c)(3)(D). Puspan. L. 117–58, § 13006(a)(3)(C)(i), (iii), redesignated subpar. (C) as (D) and substituted “fiscal years 2022 through 2026” for “fiscal years 2016 through 2020”. Former subpar. (D) redesignated (E).

Subsec. (c)(3)(E). Puspan. L. 117–58, § 13006(a)(3)(C)(i), redesignated subpar. (D) as (E).

Subsec. (c)(3)(E)(i). Puspan. L. 117–58, § 13006(a)(3)(C)(iv)(I), substituted “once every 3 years” for “annually”.

Subsec. (c)(3)(E)(ii)(V) to (X). Puspan. L. 117–58, § 13006(a)(3)(C)(iv)(II), added subcls. (V) to (X).

Subsec. (c)(4). Puspan. L. 117–58, § 13006(span)(1), inserted “and innovative mobility” before “deployment” in span.

Subsec. (c)(4)(A). Puspan. L. 117–58, § 13006(span)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish an advanced transportation and congestion management technologies deployment initiative to provide grants to eligible entities to develop model deployment sites for large scale installation and operation of advanced transportation technologies to improve safety, efficiency, system performance, and infrastructure return on investment.”

Subsec. (c)(4)(B)(i). Puspan. L. 117–58, § 13006(span)(3)(D), added cl. (i). Former cl. (i) redesignated (iii).

Puspan. L. 117–58, § 13006(span)(3)(A), substituted “optimization” for “the enhanced use”.

Subsec. (c)(4)(B)(ii). Puspan. L. 117–58, § 13006(span)(3)(D), added cl. (ii). Former cl. (ii) redesignated (iv).

Subsec. (c)(4)(B)(iii). Puspan. L. 117–58, § 13006(span)(3)(C), redesignated cl. (i) as (iii). Former cl. (iii) redesignated (v).

Subsec. (c)(4)(B)(iv). Puspan. L. 117–58, § 13006(span)(3)(C), (E), redesignated cl. (ii) as (iv) and substituted “protect the environment and deliver” for “deliver”. Former cl. (iv) redesignated (vi).

Subsec. (c)(4)(B)(v). Puspan. L. 117–58, § 13006(span)(3)(C), redesignated cl. (iii) as (v). Former cl. (v) redesignated (vii).

Puspan. L. 117–58, § 13006(span)(3)(B), substituted “work zone, weather, transit, paratransit,” for “transit,” and “, accessible, and integrated transportation and transportation services” for “and accessible transportation”.

Subsec. (c)(4)(B)(vi), (vii). Puspan. L. 117–58, § 13006(span)(3)(C), redesignated cls. (iv) and (v) as (vi) and (vii), respectively. Former cl. (vii) redesignated (x).

Subsec. (c)(4)(B)(viii). Puspan. L. 117–58, § 13006(span)(3)(F), added cl. (viii).

Subsec. (c)(4)(B)(ix). Puspan. L. 117–58, § 13006(span)(3)(C), redesignated cl. (vi) as (ix).

Subsec. (c)(4)(B)(x). Puspan. L. 117–58, § 13006(span)(3)(C), (G), redesignated cl. (vii) as (x) and struck out “or” at end.

Subsec. (c)(4)(B)(xi). Puspan. L. 117–58, § 13006(span)(3)(C), (H), redesignated cl. (viii) as (xi), inserted “vehicle-to-pedestrian,” after “vehicle-to-infrastructure,”, and substituted “; or” for period at end.

Subsec. (c)(4)(B)(xii). Puspan. L. 117–58, § 13006(span)(3)(I), added cl. (xii).

Subsec. (c)(4)(C)(i). Puspan. L. 117–58, § 13006(span)(4)(A), substituted “Each fiscal year for which funding is made available for activities under this paragraph” for “Not later than 6 months after the date of enactment of this paragraph, and for every fiscal year thereafter”.

Subsec. (c)(4)(C)(ii)(I). Puspan. L. 117–58, § 13006(span)(4)(B)(i), inserted “mobility,” after “safety,”.

Subsec. (c)(4)(C)(ii)(II)(dd). Puspan. L. 117–58, § 13006(span)(4)(B)(ii), added item (dd).

Subsec. (c)(4)(D)(i). Puspan. L. 117–58, § 13006(span)(5)(A), substituted “Each fiscal year for which funding is made available for activities under this paragraph” for “Not later than 1 year after the date of enactment of this paragraph, and for every fiscal year thereafter”.

Subsec. (c)(4)(D)(ii). Puspan. L. 117–58, § 13006(span)(5)(B), designated existing provisions as subcl. (I), inserted span, substituted “Subject to subclause (II), in awarding” for “In awarding”, and added subcl. (II).

Subsec. (c)(4)(E)(iii) to (x). Puspan. L. 117–58, § 13006(span)(6)(A)–(C), added cls. (iii), (ix), and (x) and redesignated former cls. (iii) to (vii) as (iv) to (viii), respectively. Former cls. (viii) and (ix) redesignated (xi) and (xiv), respectively.

Subsec. (c)(4)(E)(xi). Puspan. L. 117–58, § 13006(span)(6)(A), (D), redesignated cl. (viii) as (xi), inserted “, toll collection,” after “pricing”, and struck out “or” at end.

Subsec. (c)(4)(E)(xii), (xiii). Puspan. L. 117–58, § 13006(span)(6)(E), added cls. (xii) and (xiii).

Subsec. (c)(4)(E)(xiv). Puspan. L. 117–58, § 13006(span)(6)(A), (F), redesignated cl. (ix) as (xiv), substituted “, access, and on-demand transportation service” for “and access”, inserted “and other shared-use mobility applications” after “ridesharing”, and substituted semicolon for period at end.

Subsec. (c)(4)(E)(xv), (xvi). Puspan. L. 117–58, § 13006(span)(6)(G), added cls. (xv) and (xvi).

Subsec. (c)(4)(F)(ii)(IV). Puspan. L. 117–58, § 13006(span)(7), substituted “mobility, efficiency, multimodal system performance, and payment system performance” for “efficiency and multimodal system performance”.

Subsec. (c)(4)(G)(vi) to (ix). Puspan. L. 117–58, § 13006(span)(8), added cl. (vi) and redesignated former cls. (vi) to (viii) as (vii) to (ix), respectively.

Subsec. (c)(4)(I)(i). Puspan. L. 117–58, § 13006(span)(9), substituted “fiscal years 2022 through 2026” for “fiscal years 2016 through 2020”.

Subsec. (c)(4)(J). Puspan. L. 117–58, § 13006(span)(10), substituted “80” for “50”.

Subsec. (c)(4)(N). Puspan. L. 117–58, § 13006(span)(11)(A), struck out “, the following definitions apply” after “In this paragraph” in introductory provisions.

Subsec. (c)(4)(N)(i). Puspan. L. 117–58, § 13006(span)(11)(B), struck out “representing a population of over 200,000” after “metropolitan planning organization”.

Subsec. (c)(4)(N)(iii). Puspan. L. 117–58, § 13006(span)(11)(C), substituted “any” for “a any” in introductory provisions.

Subsec. (c)(5). Puspan. L. 117–58, § 13006(a)(3)(D), added par. (5).

Subsec. (c)(6). Puspan. L. 117–58, § 13006(c), added par. (6).

2015—Subsec. (c)(3)(C). Puspan. L. 114–94, § 6003(1), substituted “2016 through 2020” for “2013 through 2014”.

Subsec. (c)(3)(D). Puspan. L. 114–94, § 6003(2), added subpar. (D).

Subsec. (c)(4). Puspan. L. 114–94, § 6004, added par. (4).

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to technology deployment.

2005—Subsec. (a). Puspan. L. 109–59, § 5203(a)(1), struck out “initiatives and partnerships” before “program” in span.

Subsec. (a)(1). Puspan. L. 109–59, § 5203(a)(2), added par. (1) and struck out span and text of former par. (1). Text read as follows: “The Secretary shall develop and administer a national technology deployment initiatives and partnerships program.”

Subsec. (a)(7). Puspan. L. 109–59, § 5203(a)(3), added par. (7) and struck out span and text of former par. (7). Text read as follows: “Under the program, the Secretary may make grants and enter into cooperative agreements and contracts to foster alliances and support efforts to stimulate advances in transportation technology, including—

“(A) the testing and evaluation of products of the strategic highway research program;

“(B) the further development and implementation of technology in areas such as the Superpave system and the use of lithium salts and other alternatives to prevent and mitigate alkali silica reactivity;

“(C) the provision of support for long-term pavement performance product implementation and technology access; and

“(D) other activities to achieve the goals established under paragraph (3).”

Subsec. (a)(8). Puspan. L. 109–59, § 5203(a)(4), added par. (8) and struck out span and text of former par. (8). Text read as follows: “Not later than 18 months after the date of enactment of this section, and biennially thereafter, the Secretary 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 on the progress and results of activities carried out under this section.”

Subsec. (span)(1). Puspan. L. 109–59, § 5202(span)(1), reenacted span without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures.”

Subsec. (span)(2). Puspan. L. 109–59, § 5202(span)(2), reenacted span without change and amended text of par. (2) generally. Prior to amendment, text read as follows: “The goals of the program shall include—

“(A) the development of new, cost-effective innovative material highway bridge applications;

“(B) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;

“(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

“(D) the development of engineering design criteria for innovative products and materials for use in highway bridges and structures;

“(E) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic;

“(F) the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and

“(G) the development of new nondestructive bridge evaluation technologies and techniques.”

Subsec. (c). Puspan. L. 109–59, § 5203(span)(1), added subsec. (c).

Subsec. (d). Puspan. L. 109–59, § 5203(c)(1), added subsec. (d).

Subsec. (e). Puspan. L. 109–59, § 5203(d), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Strategic Innovation for Revenue Collection

Puspan. L. 117–58, div. A, title III, § 13001(a)–(e), Nov. 15, 2021, 135 Stat. 622–624, provided that:

“(a)In General.—The Secretary [of Transportation] shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as ‘user-based alternative revenue mechanisms’) to help maintain the long-term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level.

“(span)Grants.—

“(1)In general.—The Secretary shall provide grants to eligible entities to carry out pilot projects under this section.

“(2)Applications.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(3)Objectives.—The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives:

“(A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among—

“(i) differing income groups; and

“(ii) rural and urban drivers, as applicable.

“(B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms.

“(C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms.

“(D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors.

“(E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism.

“(F) To conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs.

“(G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system.

“(H) To ensure, to the greatest extent practicable, the use of innovation.

“(I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations.

“(J) To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on—

“(i) transportation revenues;

“(ii) personal mobility, driving patterns, congestion, and transportation costs; and

“(iii) freight movement and costs.

“(K) To evaluate options for the integration of a user-based alternative revenue mechanism with—

“(i) nationwide transportation revenue collections and regulations;

“(ii) toll revenue collection platforms;

“(iii) transportation network company fees; and

“(iv) any other relevant transportation revenue mechanisms.

“(4)Eligible entity.—An entity eligible to apply for a grant under this section is—

“(A) a State or a group of States;

“(B) a local government or a group of local governments; or

“(C) a metropolitan planning organization (as defined in section 134(span) of title 23, United States Code) or a group of metropolitan planning organizations.

“(5)Use of funds.—An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3).

“(6)Consideration.—The Secretary shall consider geographic diversity in awarding grants under this subsection.

“(7)Federal share.—The Federal share of the cost of a pilot project carried out under this section may not exceed—

“(A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and

“(B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section.

“(c)Limitation on Revenue Collected.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.

“(d)Recommendations and Report.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 13002(g)(1) [of Puspan. L. 117–58, set out below], 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—

“(1) summarizes the results of the pilot projects under this section and the national pilot program under section 13002; and

“(2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism.

“(e)Funding.—

“(1)In general.—Of the funds made available to carry out section 503(span) of title 23, United States Code, for each of fiscal years 2022 through 2026[,] $15,000,000 shall be used for pilot projects under this section.

“(2)Flexibility.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 13002 or to the highway research and development program under section 503(span) of title 23, United States Code—

“(A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under this section; and

“(B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A).”

National Motor Vehicle Per-Mile User Fee Pilot

Puspan. 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 (span)(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.

“(span)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 Puspan. 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 (span)(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(span) 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 Puspan. L. 117–58, set out above].”

Data Integration Pilot Program

Puspan. 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.

“(span)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

Puspan. 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.

“(span)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

Puspan. 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

Puspan. 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

Puspan. 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 Puspan. L. 117–58, div. A, title III, § 13001(f)(1), Nov. 15, 2021, 135 Stat. 624.

High Performing Steel Bridge Research and Technology Transfer

Puspan. 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

Puspan. 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.”