980 
parties to implement integrated traffic management sys-
tems which leverage real-time data to provide dynamic and 
efficient traffic-flow management for purposes of— 
(1) adjusting traffic light cycle times to opti-
mize traffic management and decrease congestion; 
(2) expanding or contracting lane capacity to 
meet traffic demand; 
(3) enhancing traveler notification of service 
conditions; 
(4) prioritizing high-priority vehicles such as 
emergency response and law enforcement within the 
transportation system; and 
(5) any other purposes which the Secretary 
deems an appropriate use of anonymous user data. 
(c) PARTNERSHIP.—In carrying out the program, the 
Secretary is authorized to enter into agreements with pub-
lic and private sector entities to accomplish the goals listed 
in subsection (b). 
(d) DATA PRIVACY AND SECURITY.—The Secretary 
shall ensure the protection of privacy for all sources of 
data utilized in the program, promoting cybersecurity to 
prevent hacking, spoofing, and disruption of connected 
and automated transportation systems. 
(e) PROGRAM LOCATIONS.—In carrying out the pro-
gram, the Secretary shall initiate programs in a variety 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00980
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
981 
of areas, including urban, suburban, rural, tribal, or any 
other appropriate settings. 
(f) BEST PRACTICES.—Not later than 3 years after 
date of enactment of this Act, the Secretary shall publicly 
make available best practices to leverage private user data 
to support improved transportation management capabili-
ties and efficiency, including— 
(1) legal considerations when acquiring private 
user data for public purposes; and 
(2) protecting privacy and security of individual 
user data. 
(g) REPORT.—The Secretary shall annually submit 
a report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report detailing— 
(1) a description of the activities carried out 
under the pilot program; 
(2) an evaluation of the effectiveness of the 
pilot program in meeting goals descried in sub-
section (b); 
(3) policy recommendations to improve integra-
tion of systems between public and private entities; 
and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00981
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
982 
(4) a description of costs associated with equip-
ping and maintaining systems. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as are necessary 
to carry out the program. 
(i) SUNSET.—On a date that is 5 years after the en-
actment of this Act, this program shall cease to be effec-
tive. 
SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION 
PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after en-
actment of this Act, the Secretary of Transportation shall 
establish and implement a pilot program (in this section 
referred to as the ‘‘program’’) to leverage anonymous 
crowdsourced data from third-party entities to improve 
transportation management capabilities and efficiency on 
Federal-aid highways. 
(b) GOALS.—The goals of the program include the 
utilization of anonymous crowdsourced data from third 
parties to— 
(1) utilize private-user data to inform infra-
structure planning decisions for the purposes of— 
(A) reducing congestion; 
(B) decreasing miles traveled; 
(C) increasing safety; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00982
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
983 
(D) improving freight efficiency; 
(E) enhancing environmental conditions; 
and 
(F) other purposes as the Secretary deems 
necessary. 
(c) PARTNERSHIP.—In carrying out the program, the 
Secretary is authorized to enter into agreements with pub-
lic and private sector entities to accomplish the goals listed 
in subsection (b). 
(d) DATA PRIVACY AND SECURITY.—The Secretary 
shall ensure the protection of privacy for all sources of 
data utilized in the program, promoting cybersecurity to 
prevent hacking, spoofing, and disruption of connected 
and automated transportation systems. 
(e) PROGRAM LOCATIONS.—In carrying out the pro-
gram, the Secretary shall initiate programs in a variety 
of areas, including urban, suburban, rural, tribal, or any 
other appropriate settings. 
(f) BEST PRACTICES.—Not later than 3 years after 
date of enactment of this Act, the Secretary shall publicly 
make available best practices to leverage private user data 
to support improved transportation management capabili-
ties and efficiency, including— 
(1) legal considerations when acquiring private 
user data for public purposes; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00983
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
984 
(2) protecting privacy and security of individual 
user data. 
(g) REPORT.—The Secretary shall annually submit 
a report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report detailing— 
(1) a description of the activities carried out 
under the pilot program; 
(2) an evaluation of the effectiveness of the 
pilot program in meeting goals descried in sub-
section (b); and 
(3) policy recommendations to improve the im-
plementation of anonymous crowdsourced data into 
planning decisions. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as are necessary 
to carry out the program. 
(i) SUNSET.—On a date that is 5 years after the en-
actment of this Act, this program shall cease to be effec-
tive. 
SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORT-
ING. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of Trans-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00984
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
985 
portation shall establish a repository for submitting enti-
ties to submit information to the Secretary on operations 
of automated commercial motor vehicles in interstate com-
merce. 
(b) PURPOSES.—The purpose of this section shall be 
to ensure automated commercial motor vehicle safety and 
transparency in developing and maintaining the repository 
under this section. 
(c) INFORMATION REQUIRED.— 
(1) SUBMISSIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall develop a process for submitting entities oper-
ating automated commercial motor vehicles in inter-
state commerce to provide the following information 
in accordance with paragraph (2): 
(A) The name of the submitting entity re-
sponsible for the operation of an automated 
commercial motor vehicle or vehicles. 
(B) The make, model, and weight class of 
such vehicle or vehicles. 
(C) The intended level of automation of 
such vehicle or vehicles, according to the tax-
onomy described in subsection (f)(1). 
(D) The Department of Transportation 
number or operating authority assigned to the 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00985
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
986 
submitting entity described in subparagraph 
(A), if applicable. 
(E) A list of States in which the operation 
of such vehicle or vehicles will occur and a list 
of Federal-aid highways (as defined in section 
101(a) of title 23, United States Code) on 
which the operation will occur, as well as total 
miles traveled in the previous year on a bian-
nual basis. 
(F) Any cargo classifications or passengers 
to be transported in such vehicle or vehicles, in-
cluding whether the submitting entity is trans-
porting such cargo or passengers under con-
tract with another entity. 
(G) Documentation of training or certifi-
cations provided to any drivers, or other indi-
viduals directly involved in the performance of 
the dynamic driving task or fallback during op-
eration of the vehicle, if any. 
(H) Any fatigue management plans or 
work hour limitations applicable to drivers, if 
any, consistent with such standards of the De-
partment 
regarding 
automated 
commercial 
motor vehicle drivers. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00986
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
987 
(I) Law enforcement interaction plans for 
automated commercial motor vehicles submitted 
to State transportation agencies or State and 
local law enforcement agencies. 
(J) Proof of insurance coverage. 
(2) SUBMISSION AND UPDATES.— 
(A) IN GENERAL.—A submitting entity re-
sponsible for the operation of an automated 
commercial motor vehicle shall provide the in-
formation required under this subsection not 
later than 60 days after the Secretary has pub-
lished the notice establishing the process de-
scribed in paragraph (1). 
(B) MATERIAL
CHANGE
OF
INFORMA-
TION.—The submitting entity responsible for 
the operation of an automated commercial 
motor vehicle shall notify the Secretary of any 
material changes to the information previously 
provided pursuant to this subsection on an an-
nual basis, or on a more frequent basis speci-
fied by the Secretary. 
(C) AMENDMENT AND CORRECTION.—If a 
submitting entity responsible for the operation 
of an automated commercial motor vehicle sub-
mits incomplete or inaccurate information pur-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00987
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
988 
suant to subsection (c), the submitting entity 
shall be given an opportunity to amend or cor-
rect the submission within a reasonable time-
frame to be established by the Secretary. 
(d) PUBLIC AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—The Secretary shall make 
available on a publicly accessible website of the De-
partment of Transportation the following informa-
tion on automated commercial motor vehicles: 
(A) The prevalence of planned operations 
of such vehicles. 
(B) The characteristics of such operations. 
(C) The geographic location of such oper-
ations in a safe manner that reflects only the 
most significant public road or roads on which 
the majority of the route takes place, as deter-
mined appropriate by the Secretary. 
(2) PROTECTION OF INFORMATION.—Any data 
collected under subsection (c) and made publicly 
available pursuant to this subsection shall be made 
available in a manner that— 
(A) precludes the connection of the data to 
any individual motor carrier, shipper, company, 
vehicle manufacturer, or other submitting entity 
submitting data; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00988
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
989 
(B) protects the safety, privacy, and con-
fidentiality of individuals, operators, and sub-
mitting entities submitting the data; and 
(C) protects from disclosing— 
(i) trade secrets; and 
(ii) information obtained from a sub-
mitting entity that is commercial or finan-
cial and privileged or confidential, in ac-
cordance with section 552(b)(4) of title 5, 
United States Code. 
(e) CRASH DATA.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall require submitting entities to submit informa-
tion regarding collisions which occur during the op-
eration of an automated commercial motor vehicle 
on public roads while the vehicle’s automated driving 
system is engaged, including— 
(A) fatalities or bodily injury to persons 
who, as a result of the injury, immediately re-
ceive medical treatment away from the scene of 
a collision involving the automated commercial 
motor vehicle; 
(B) collisions or damage to property in-
volving an automated commercial motor vehicle 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00989
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
990 
that results in an automated commercial motor 
vehicle or a motor vehicle being transported 
away from the scene by a tow truck or other 
motor vehicle; 
(C) a full description of how the collision 
or damage to property occurred, including, if 
applicable, the role of the automated driving 
system; and 
(D) the mode of transportation used by 
any road users involved in the collision, includ-
ing general road users, as such term is defined 
under section 5304 of this Act. 
(2) DATA AVAILABILITY.—The Secretary shall 
ensure that any submitting entity submitting infor-
mation under this subsection that has a Department 
of Transportation number or operating authority 
from the Federal Motor Carrier Safety Administra-
tion— 
(A) shall be subject to safety monitoring 
and oversight under the Compliance, Safety, 
and Accountability program of the Federal 
Motor Carrier Safety Administration; and 
(B) shall be included when the Secretary 
restores the public availability of relevant safety 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00990
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
991 
data under such program under section 4202(b) 
of this Act. 
(3) RULEMAKING.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall initiate a rulemaking to define the 
term ‘‘safety incident’’, including collisions, with 
respect to automated commercial motor vehicle 
safety. 
(B) UPDATE.—Notwithstanding paragraph 
(1), the Secretary shall carry out this sub-
section to require submitting entities to submit 
information regarding safety incidents instead 
of collisions upon issuing a final rule under sub-
paragraph (A). 
(C) VOLUNTARY REPORTING.— 
(i) IN
GENERAL.—To support the 
rulemaking under this paragraph, the Sec-
retary shall establish a mechanism through 
which entities may voluntarily report safety 
data or other information regarding auto-
mated commercial motor vehicles. 
(ii) USE
OF
DATA.—The data col-
lected under this subparagraph may only 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00991
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
992 
be used to support the rulemaking under 
this paragraph. 
(iii) 
PROTECTION
FROM
DISCLO-
SURE.—Data or other information sub-
mitted under this subparagraph— 
(I) shall not be made publicly 
available; and 
(II) shall not be disclosed to the 
public by the Secretary pursuant to 
section 552(b)(4) of title 5, United 
States Code, if the data or other in-
formation is submitted to the Sec-
retary voluntarily and is not required 
to be submitted to the Secretary 
under any other provision of law. 
(f) DEFINITIONS.—In this section: 
(1) AUTOMATED
COMMERCIAL
MOTOR
VEHI-
CLE.—The term ‘‘Automated commercial motor ve-
hicle’’ means a commercial motor vehicle (as such 
term is defined in section 31132 of title 49, United 
States Code) that is designed to be operated by a 
level 3 or level 4 automated driving system for trips 
within its operational design domain or a level 5 
automated driving system for all trips according to 
the recommended taxonomy published in April 2021, 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00992
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
993 
by the Society of Automotive Engineers Inter-
national (J3016l202104) or, when adopted, equiv-
alent standards established by the Secretary under 
chapter 301 of title 49, United States Code, with re-
spect to automated motor vehicles. 
(2) BROKER.—The term ‘‘broker’’ has the 
meaning given such term under section 13102 of 
title 49, United States Code. 
(3) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given such term under section 31132 of 
title 49, United States Code. 
(4) FREIGHT FORWARDER.—The term ‘‘freight 
forwarder’’ has the meaning given such term in sec-
tion 13102 of title 49, United States Code. 
(5) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ has the meaning given such term in section 
13102 of title 49, United States Code. 
(6) SUBMITTING ENTITY.—The term ‘‘submit-
ting entity’’ means either— 
(A) a motor carrier; or 
(B) a technology company that is carrying 
out motor carrier-related operations in inter-
state commerce on public roads or an employer 
thereof, such as a motor carrier, freight for-
warder, or broker. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00993
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
994 
(7) TRUCK
PLATOONING.—The term ‘‘truck 
platooning’’ means a series of commercial motor ve-
hicles traveling in a unified manner with electroni-
cally coordinated braking, acceleration, and steering 
with a driver in the lead commercial motor vehicle. 
(g) DUPLICATIVE REPORTING.— 
(1) IN GENERAL.—The Secretary may not re-
quire duplicative reporting. 
(2) JOINT
SUBMISSIONS.—Submitting entities 
working in partnership on the same automated com-
mercial motor vehicle operational trips shall make 1 
submission of the information required under this 
section for each general route, as determined appro-
priate by the Secretary. 
(3) INFORMATION.—In developing the reporting 
process required under subsection (c), the Secretary 
shall ensure, to the extent practicable, that submit-
ting entities are not required to submit information 
previously reported to the Secretary under chapters 
139 or 311 of title 49, United States Code. 
(h) SAVINGS PROVISION.—Nothing in this section 
shall add to or detract from any existing— 
(1) enforcement authority of the Department of 
Transportation; or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00994
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
995 
(2) authority to operate automated commercial 
motor vehicles in interstate commerce on public 
roads. 
(i) PENALTIES.—An entity that violates any provi-
sion of this section shall be subject to civil penalties under 
section 521(b)(2)(B), of title 49, United States Code, and 
criminal penalties under section 521(b)(6)(A) of such title, 
and any other applicable civil and criminal penalties, as 
determined by the Secretary. 
(j) TREATMENT.—In carrying out this section, the 
Secretary shall treat truck platooning operations the same 
as automated commercial motor vehicles. 
Subtitle D—Surface Transportation 
Funding Pilot Programs 
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 
FUNDING PILOTS. 
Section 6020 of the FAST Act (23 U.S.C. 503 note) 
is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) ELIGIBILITY.— 
‘‘(1) APPLICATION.—To be eligible for a grant 
under this section, a State or group of States shall 
submit to the Secretary an application in such form 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00995
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
996 
and containing such information as the Secretary 
may require. 
‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 
provide grants to States or a group of States under 
this section for the following projects: 
‘‘(A) STATE PILOT PROJECTS.— 
‘‘(i) IN GENERAL.—A pilot project to 
demonstrate a user-based alternative rev-
enue mechanism in a State. 
‘‘(ii) LIMITATION.—If an applicant 
has previously been awarded a grant under 
this section, such applicant’s proposed pilot 
project must be comprised of core activities 
or iterations not substantially similar in 
manner or scope to activities previously 
carried out by the applicant with a grant 
for a project under this section. 
‘‘(B) 
STATE
IMPLEMENTATION 
PROJECTS.—A project— 
‘‘(i) to implement a user-based alter-
native revenue mechanism that collects rev-
enue to be expended on projects for the 
surface transportation system of the State; 
or 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00996
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
997 
‘‘(ii) that demonstrates progress to-
wards implementation of a user-based al-
ternative revenue mechanism, with consid-
eration for previous grants awarded to the 
applicant under this section.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘2 or 
more future’’; and 
(B) by adding at the end the following: 
‘‘(6) To test solutions to ensure the privacy and 
security of data collected for the purpose of imple-
menting a user-based alternative revenue mecha-
nism.’’; 
(3) in subsection (d) by striking ‘‘to test the de-
sign, acceptance, and implementation of a user- 
based alternative revenue mechanism’’ and inserting 
‘‘to test the design and acceptance of, or implement, 
a user-based alternative revenue mechanism’’; 
(4) in subsection (g) by striking ‘‘50 percent’’ 
and inserting ‘‘80 percent’’; 
(5) in subsection (i) by inserting ‘‘and con-
taining a determination of the characteristics of the 
most successful mechanisms with the highest poten-
tial for future widespread deployment’’ before the 
period at the end; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00997
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
998 
(6) by striking subsections (j) and (k) and in-
serting the following: 
‘‘(j) FUNDING.—Of amounts made available to carry 
out this section— 
‘‘(1) for fiscal year 2023, $17,500,000 shall be 
used to carry out projects under subsection 
(b)(2)(A) and $17,500,000 shall be used to carry 
out projects under subsection (b)(2)(B); 
‘‘(2) for fiscal year 2024, $15,000,000 shall be 
used to carry out projects under subsection 
(b)(2)(A) and $20,000,000 shall be used to carry 
out projects under subsection (b)(2)(B); 
‘‘(3) for fiscal year 2025, $12,500,000 shall be 
used to carry out projects under subsection 
(b)(2)(A) and $22,500,000 shall be used to carry 
out projects under subsection (b)(2)(B); and 
‘‘(4) for fiscal year 2026, $10,000,000 shall be 
used to carry out projects under subsection 
(b)(2)(A) and $25,000,000 shall be used to carry 
out projects under subsection (b)(2)(B). 
‘‘(k) FUNDING FLEXIBILITY.—Funds made available 
in a fiscal year for making grants for projects under sub-
section (b)(2) that are not obligated in such fiscal year 
may be made available in the following fiscal year for 
projects under such subsection or for the national surface 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00998
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
999 
transportation system funding pilot under section 5402 of 
the INVEST in America Act.’’. 
SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM 
FUNDING PILOT. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, in coordination with the Secretary of the 
Treasury, shall establish a pilot program to dem-
onstrate a national motor vehicle per-mile user fee to 
restore and maintain the long-term solvency of the 
Highway Trust Fund and achieve and maintain a 
state of good repair in the surface transportation 
system. 
(2) OBJECTIVES.—The objectives of the pilot 
program are to— 
(A) test the design, acceptance, implemen-
tation, and financial sustainability of a national 
per-mile user fee; 
(B) address the need for additional rev-
enue for surface transportation infrastructure 
and a national per-mile user fee; and 
(C) provide recommendations regarding 
adoption and implementation of a national per- 
mile user fee. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00999
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1000 
(b) PARAMETERS.—In carrying out the pilot program 
established under subsection (a), the Secretary of Trans-
portation, in coordination with the Secretary of the Treas-
ury, 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 and the District of Columbia; 
(3) ensure an equitable geographic distribution 
by population among volunteer participants; 
(4) include commercial vehicles and passenger 
motor vehicles in the pilot program; and 
(5) use components of, and information from, 
the States selected for the State surface transpor-
tation system funding pilot program under section 
6020 of the FAST Act (23 U.S.C. 503 note). 
(c) METHODS.— 
(1) TOOLS.—In selecting the methods described 
in subsection (b)(1), the Secretary of Transportation 
shall coordinate with entities that voluntarily provide 
to the Secretary for use in the program any vehicle- 
miles-traveled collection tools, which may include the 
following: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01000
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1001 
(A) 
Third-party 
on-board 
diagnostic 
(OBD–II) devices. 
(B) Smart phone applications. 
(C) Telemetric data collected by auto-
makers. 
(D) Motor vehicle data obtained by car in-
surance companies. 
(E) Data from the States selected for the 
State surface transportation system funding 
pilot program under section 6020 of the FAST 
Act (23 U.S.C. 503 note). 
(F) Motor vehicle data obtained from fuel-
ing stations, electric vehicle charging infrastruc-
ture, or alternative fueling infrastructure. 
(G) Any other method that the Secretary 
considers appropriate. 
(2) COORDINATION.— 
(A) SELECTION.—The Secretary shall de-
termine which methods under paragraph (1) are 
selected for the pilot program. 
(B) VOLUNTEER
PARTICIPANTS.—In a 
manner that the Secretary considers appro-
priate, the Secretary shall provide each selected 
method to each volunteer participant. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01001
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1002 
(d) PER-MILE USER FEES.—For the purposes of the 
pilot program established in subsection (a), the Secretary 
of the Treasury shall establish on an annual basis— 
(1) for passenger vehicles and light trucks, a 
per-mile user fee that is equivalent to— 
(A) the average annual taxes imposed by 
sections 4041 and 4081 of the Internal Rev-
enue Code of 1986 with respect to gasoline or 
any other fuel used in a motor vehicle (other 
than aviation gasoline or diesel fuel), divided by 
(B) the total vehicle miles traveled by pas-
senger vehicles and light trucks; and 
(2) for medium- and heavy-duty trucks, a per- 
mile user fee that is equivalent to— 
(A) the average annual taxes imposed by 
sections 4041 and 4081 of such Code with re-
spect to diesel fuel, divided by 
(B) the total vehicle miles traveled by 
medium- and heavy-duty trucks. 
Taxes shall only be taken into account under the 
preceding sentence to the extent taken into account 
in determining appropriations to the Highway Trust 
Fund under section 9503(b) of such Code, and the 
amount so determined shall be reduced to account 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01002
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1003 
for transfers from such fund under paragraphs (3), 
(4), and (5) of section 9503(c) of such Code. 
(e) VOLUNTEER PARTICIPANTS.—The Secretary of 
Transportation, in coordination with the Secretary of the 
Treasury, shall— 
(1) ensure, to the extent practicable, that an 
appropriate number of volunteer participants partici-
pate in the pilot program; and 
(2) issue policies to— 
(A) protect the privacy of volunteer partici-
pants; and 
(B) secure the data provided by volunteer 
participants. 
(f) ADVISORY BOARD.— 
(1) IN GENERAL.—The Secretary shall establish 
an advisory board to advise the Secretary on— 
(A) advancing and implementing the pilot 
program under this section; 
(B) carrying out the public awareness cam-
paign under subsection (g); and 
(C) developing the report under subsection 
(m). 
(2) MEMBERS.—The advisory board shall, at a 
minimum, include the following entities, to be ap-
pointed by the Secretary— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01003
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1004 
(A) State departments of transportation; 
(B) any public or nonprofit entity that led 
a surface transportation system funding alter-
natives pilot project under section 6020 of the 
FAST Act (23 U.S.C. 503 note; Public Law 
114–94) (as in effect on the day before the date 
of enactment of this Act); 
(C) representatives of the trucking indus-
try, including owner-operator independent driv-
ers; 
(D) data security experts with expertise in 
personal privacy; 
(E) academic experts on surface transpor-
tation; 
(F) consumer advocates; and 
(G) advocacy groups focused on equity. 
(g) PUBLIC AWARENESS CAMPAIGN.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, with guidance from the advisory board under 
subsection (f), may carry out a public awareness 
campaign to increase public awareness regarding a 
national per-mile user fee, including distributing in-
formation related to the pilot program carried out 
under this section, information from the State sur-
face transportation system funding pilot program 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01004
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1005 
under section 6020 of the FAST Act (23 U.S.C. 503 
note), and information 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. 
(h) REVENUE COLLECTION.—The Secretary of the 
Treasury, in coordination with the Secretary of Transpor-
tation, shall establish a mechanism to collect per-mile user 
fees established under subsection (d) from volunteer par-
ticipants. Such mechanism— 
(1) may be adjusted as needed to address tech-
nical challenges; and 
(2) may allow third-party vendors to collect the 
per-mile user fees and forward such fees to the 
Treasury. 
(i) AGREEMENT.—The Secretary of Transportation 
may enter into an agreement with a volunteer participant 
or an owner of data or technologies, as describe under 
paragraph (c)(1) containing such terms and conditions as 
the Secretary considers necessary for participation in the 
pilot program. 
(j) LIMITATION.—Any revenue collected through the 
mechanism established in subsection (h) shall not be con-
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01005
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1006 
sidered a toll under section 301 of title 23, United States 
Code. 
(k) HIGHWAY TRUST FUND.—The Secretary of the 
Treasury shall ensure that any revenue collected under 
subsection (h) is deposited into the Highway Trust Fund. 
(l) REFUND.—Not more than 45 days after the end 
of each calendar quarter in which a volunteer participant 
has participated in the pilot program, the Secretary of the 
Treasury shall calculate and issue an equivalent refund 
to volunteer participants for applicable Federal motor fuel 
taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986, the applicable battery tax under 
section 4111 of such Code, or both, if applicable. 
(m) REPORT TO CONGRESS.—Not later than 1 year 
after the date on which volunteer participants begin par-
ticipating in the pilot program, and each year thereafter 
for the duration of the pilot program, the Secretary of 
Transportation and the Secretary of the Treasury shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report that includes an analysis of— 
(1) whether the objectives described in sub-
section (a)(2) were achieved; 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01006
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1007 
(2) how volunteer protections in subsection 
(e)(2) were complied with; 
(3) whether per-mile user fees can maintain the 
long-term solvency of the Highway Trust Fund and 
achieve and maintain a state of good repair in the 
surface transportation system; 
(4) how the personal privacy of volunteers was 
maintained; and 
(5) equity effects of the pilot program, includ-
ing the effects of the program on low-income com-
muters. 
(n) INFORMATION COLLECTION.—Any survey, ques-
tionnaire, or interview that the Secretary determines to 
be necessary to carry out reporting requirements relating 
to any program assessment or evaluation activity under 
this section, including customer satisfaction assessments, 
shall not be subject to chapter 35 of title 44, United 
States Code (commonly known as the ‘‘Paperwork Reduc-
tion Act’’). 
(o) SUNSET.—The pilot program established under 
this section shall expire on the date that is 4 years after 
the date on which volunteer participants begin partici-
pating in such program. 
(p) DEFINITIONS.—In this section, the following defi-
nitions apply: 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01007
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1008 
(1) COMMERCIAL VEHICLE.—The term ‘‘com-
mercial vehicle’’ has the meaning given the term 
commercial motor vehicle in section 31101 of title 
49, United States Code. 
(2) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund 
established under section 9503 of the Internal Rev-
enue Code of 1986. 
(3) LIGHT TRUCK.—The term ‘‘light truck’’ has 
the meaning given the term in section 523.2 of title 
49, Code of Federal Regulations. 
(4) 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. 
(5) 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. 
(6) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
unteer participant’’ means— 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01008
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1009 
(A) an owner or lessee of an individual pri-
vate motor vehicle who volunteers to participate 
in the pilot program; 
(B) a commercial vehicle operator who vol-
unteers to participate in the pilot program; or 
(C) an owner of a motor vehicle fleet who 
volunteers to participate in the pilot program. 
Subtitle E—Miscellaneous 
SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall convene a working 
group to examine the seating standards for commer-
cial drivers. 
(2) MEMBERS.—At a minimum, the working 
group shall include— 
(A) seat manufacturers; 
(B) commercial vehicle manufacturers; 
(C) transit vehicle manufacturers; 
(D) labor representatives for the trucking 
industry; 
(E) representatives from organizations en-
gaged in collective bargaining on behalf of tran-
sit workers in not fewer than three States; and 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01009
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1050 
grants under section 22907(o) of title 49, United 
States Code. 
(4) RAILROAD TRESPASSING ENFORCEMENT.— 
Of the amounts made available under paragraph (1), 
the Secretary may make available up to $250,000 
for each of fiscal years 2022 through 2026 to make 
grants under section 22907(p) of title 49, United 
States Code. 
(5) RAILROAD TRESPASSING SUICIDE PREVEN-
TION.—Of the amounts made available under para-
graph (1), the Secretary may make available up to 
$1,000,000 for each of fiscal years 2022 through 
2026 to make grants under section 22907(q) of title 
49, United States Code. 
(i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
22909 of title 49, United States Code, the following 
amounts: 
(A) For fiscal year 2022, $4,800,000,000. 
(B) For fiscal year 2023, $4,900,000,000. 
(C) For fiscal year 2024, $5,000,000,000. 
(D) For fiscal year 2025, $5,100,000,000. 
(E) For fiscal year 2026, $5,200,000,000. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01050
Fmt 6652
Sfmt 6201
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS
1167 
‘‘(1) APPROPRIATE
PORTION.—The term ‘ap-
propriate portion’ means a share, for each State— 
‘‘(A) one quarter of which is comprised of 
the ratio that the total railroad route miles in 
such State bears to the total railroad route 
miles in the United States, excluding from each 
such total the route miles used exclusively for 
tourist excursions; 
‘‘(B) one quarter of which is comprised of 
the ratio that the population in such State 
bears to the total population of the United 
States, as determined by the Bureau of the 
Census; and 
‘‘(C) half of which is comprised of the ratio 
that the Amtrak ridership for fiscal year 2019 
in each State bears to the total Amtrak rider-
ship for fiscal year 2019. 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is further amend-
ed by adding at the end the end the following: 
‘‘22911. State rail planning formula funds.’’. 
VerDate Sep 11 2014 
02:17 Jun 05, 2021
Jkt 019200
PO 00000
Frm 01167
Fmt 6652
Sfmt 6211
E:\BILLS\H3684.IH
H3684
pbinns on DSKJLVW7X2PROD with BILLS