Sec. 5402. National surface transportation system funding pilot
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The Secretary of Transportation, in coordination with the Secretary of the Treasury, shall establish a pilot program to demonstrate 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. The objectives of the pilot program are to— test the design, acceptance, implementation, and financial sustainability of a national per-mile user fee; address the need for additional revenue for surface transportation infrastructure and a national per-mile user fee; and provide recommendations regarding adoption and implementation of a national per-mile user fee.
In carrying out the pilot program established under subsection (a), the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall— provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; solicit volunteer participants from all 50 States and the District of Columbia; ensure an equitable geographic distribution by population among volunteer participants; include commercial vehicles and passenger motor vehicles in the pilot program; and 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).
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 of the following vehicle-miles-traveled collection tools: Third-party on-board diagnostic (OBD–II) devices. Smart phone applications. Telemetric data collected by automakers. Motor vehicle data obtained by car insurance companies. 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).
Motor vehicle data obtained from fueling stations. Any other method that the Secretary considers appropriate. The Secretary shall determine which methods under paragraph
(1)are selected for the pilot program. In a manner that the Secretary considers appropriate, the Secretary shall provide each selected method to each volunteer participant. For the purposes of the pilot program established in subsection (a), the Secretary of the Treasury shall establish on an annual basis— for passenger vehicles and light trucks, a per-mile user fee that is equivalent to— 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 the total vehicle miles traveled by passenger vehicles and light trucks; and for medium- and heavy-duty trucks, a per-mile user fee that is equivalent to— the average annual taxes imposed by sections 4041 and 4081 of such Code with respect to diesel fuel, divided by 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 for transfers from such fund under paragraphs (3), (4), and
(5)of section 9503(c) of such Code. The Secretary of Transportation, in coordination with the Secretary of the Treasury, shall— ensure, to the extent practicable, that an appropriate number of volunteer participants participate in the pilot program; and issue policies to— protect the privacy of volunteer participants; and secure the data provided by volunteer participants. The Secretary shall establish an advisory board to assist with— advancing and implementing the pilot program under this section; carrying out the public awareness campaign under subsection (g); and developing the report under subsection (m). The advisory board shall, at a minimum, include the following entities, to be appointed by the Secretary— State departments of transportation; any public or nonprofit entity that led a surface transportation system funding alternatives 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); representatives of the trucking industry, including owner-operator independent drivers; data security experts; and academic experts on surface transportation. The Secretary of Transportation, 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 information 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). In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. The Secretary of the Treasury, in coordination with the Secretary of Transportation, shall establish a mechanism to collect per-mile user fees established under subsection
(d)from volunteer participants. Such mechanism— may be adjusted as needed to address technical challenges; and may allow third-party vendors to collect the per-mile user fees and forward such fees to the Treasury. The Secretary of Transportation 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. Any revenue collected through the mechanism established in subsection
(h)shall not be considered a toll under section 301 of title 23, United States Code. The Secretary of the Treasury shall ensure that any revenue collected under subsection
(g)is deposited into the Highway Trust Fund. 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. 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 of Transportation and the Secretary of the Treasury shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes an analysis of— whether the objectives described in subsection (a)(2) were achieved; how volunteer protections in subsection (e)(2) were complied with; and 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. The pilot program established under this section shall expire on the date that is 4 years after the date on which volunteer participants begin participating in such program. In this section, the following definitions apply: The term commercial vehicle has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. The term Highway Trust Fund means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986. The term light truck has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations. 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. The term per-mile user fee means a revenue mechanism that— is applied to road users operating motor vehicles on the surface transportation system; and is based on the number of vehicle miles traveled by an individual road user. The term volunteer participant means— an owner or lessee of an individual private motor vehicle who volunteers to participate in the pilot program; a commercial vehicle operator who volunteers to participate in the pilot program; or an owner of a motor vehicle fleet who volunteers to participate in the pilot program.
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