878 
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 uti-
lization of anonymous crowdsourced data from third par-
ties 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; 
(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 public 
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 
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hacking, spoofing, and disruption of connected and auto-
mated 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 
(2) protecting privacy and security of individual 
user data. 
(g) REPORT.—The Secretary shall annually submit a 
report to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report de-
tailing— 
(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 subsection (b); 
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(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 enact-
ment of this Act, this program shall cease to be effective. 
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 
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: 
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‘‘(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 sur-
face transportation system of the State; or 
‘‘(ii) that demonstrates progress to-
wards implementation of a user-based alter-
native revenue mechanism, with consider-
ation for previous grants awarded to the 
applicant under this section.’’; 
(2) in subsection (c)— 
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(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)— 
(A) in the heading by striking ‘‘BIENNIAL’’ 
and inserting ‘‘ANNUAL’’; 
(B) by striking ‘‘2 years after the date of 
enactment of this Act’’ and inserting ‘‘1 year 
after the date of enactment of the INVEST in 
America Act’’; 
(C) by striking ‘‘every 2 years thereafter’’ 
and inserting ‘‘every year thereafter’’; and 
(D) by inserting ‘‘and containing a deter-
mination of the characteristics of the most suc-
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cessful mechanisms with the highest potential for 
future widespread deployment’’ before the period 
at the end; and 
(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 2022, $17,500,000 shall be 
used to carry out projects under subsection (b)(2)(A) 
and $17,5000,000 shall be used to carry out projects 
under subsection (b)(2)(B); 
‘‘(2) for fiscal year 2023, $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 2024, $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 2025, $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-
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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 transpor-
tation system funding pilot under section 5402 of the IN-
VEST 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 sys-
tem. 
(2) OBJECTIVES.—The objectives of the pilot pro-
gram are to— 
(A) test the design, acceptance, implementa-
tion, and financial sustainability of a national 
per-mile user fee; 
(B) address the need for additional revenue 
for surface transportation infrastructure and a 
national per-mile user fee; and 
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(C) provide recommendations regarding 
adoption and implementation of a national per- 
mile user fee. 
(b) PARAMETERS.—In carrying out the pilot program 
established under subsection (a), the Secretary of Transpor-
tation, in coordination with the Secretary of the Treasury, 
shall— 
(1) provide different methods that volunteer par-
ticipants 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 transportation 
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 
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to the Secretary for use in the program any of the fol-
lowing 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 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. 
(G) Any other method that the Secretary 
considers appropriate. 
(2) COORDINATION.— 
(A) SELECTION.—The Secretary shall deter-
mine which methods under paragraph (1) are se-
lected for the pilot program. 
(B) VOLUNTEER PARTICIPANTS.—In a man-
ner that the Secretary considers appropriate, the 
Secretary shall provide each selected method to 
each volunteer participant. 
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(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 Revenue 
Code of 1986 with respect to gasoline or any 
other fuel used in a motor vehicle (other than 
aviation gasoline or diesel), 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 respect 
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 pre-
ceding sentence to the extent taken into account in de-
termining appropriations to the Highway Trust 
Fund under section 9503(b) of such Code, and the 
amount so determined shall be reduced to account for 
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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 ap-
propriate 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 assist with— 
(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— 
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(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 en-
actment of this Act); 
(C) representatives of the trucking industry, 
including owner-operator independent drivers; 
(D) data security experts; and 
(E) academic experts on surface transpor-
tation. 
(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 surface 
transportation system funding pilot program under 
section 6020 of the FAST Act (23 U.S.C. 503 note). 
(2) CONSIDERATIONS.—In carrying out the pub-
lic awareness campaign under this subsection, the 
Secretary shall consider issues unique to each State. 
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(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 partici-
pants. 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 Treas-
ury. 
(i) AGREEMENT.—The Secretary of Transportation 
may enter into an agreement with a volunteer participant 
containing such terms and conditions as the Secretary con-
siders necessary for participation in the pilot program. 
(j) LIMITATION.—Any revenue collected through the 
mechanism established in subsection (h) shall not be consid-
ered 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 sub-
section (g) 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 
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taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986, the applicable battery tax under sec-
tion 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 sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report that in-
cludes an analysis of— 
(1) whether the objectives described in subsection 
(a)(2) were achieved; 
(2) how volunteer protections in subsection (e)(2) 
were complied with; and 
(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. 
(n) 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. 
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(o) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COMMERCIAL VEHICLE.—The term ‘‘commer-
cial vehicle’’ has the meaning given the term commer-
cial 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 es-
tablished under section 9503 of the Internal Revenue 
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 mean-
ing 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 sys-
tem; and 
(B) is based on the number of vehicle miles 
traveled by an individual road user. 
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(6) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
unteer participant’’ means— 
(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 Secretary 
of Transportation shall convene a working group to 
examine the seating standards for commercial 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; 
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(E) representatives from organizations en-
gaged in collective bargaining on behalf of tran-
sit workers in not fewer than 3 States; and 
(F) musculoskeletal health experts. 
(b) OBJECTIVES.—The Secretary shall pursue the fol-
lowing objectives through the working group: 
(1) To identify health issues, including musculo-
skeletal health issues, that afflict commercial drivers 
due to sitting for long periods of time while on duty. 
(2) To identify research topics for further devel-
opment and best practices to improve seating. 
(3) To determine ways to incorporate improved 
seating into manufacturing standards for public tran-
sit vehicles and commercial vehicles. 
(c) REPORT.— 
(1) SUBMISSION.—Not later than 18 months 
after the date of enactment of this Act, the working 
group shall submit to the Secretary, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, and the Committee on Banking, 
Housing, and Urban Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate 
a report on the findings of the working group under 
this section and any recommendations for the adop-
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‘‘(14) maximize the benefits Amtrak generates for 
the United States by creating quality jobs and sup-
porting the domestic workforce.’’; and 
(4) by striking subsection (d). 
SEC. 9202. AMTRAK STATUS. 
Section 24301(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘20102(2)’’ and 
inserting ‘‘20102’’; and 
(2) in paragraph (2) by inserting ‘‘serving the 
public interest in reliable passenger rail service’’ after 
‘‘for-profit corporation’’. 
SEC. 9203. BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) 8 individuals appointed by the Presi-
dent of the United States, by and with the advice 
and consent of the Senate, with a record of sup-
port for national passenger rail service, general 
business and financial experience, and transpor-
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