PRIA, Government Policy, Made Personal

Summary

Creates a new agency inside the Department of Transportation called the Advanced Research Projects Agency–Infrastructure (ARPA–I). ARPA–I must fund bold, early-stage research to make U.S. transportation infrastructure cheaper, cleaner, safer, more secure, and more resilient. It covers roads, highways, bridges, airports, rail lines, harbors, pipelines, and other ways people and goods move. Eligible applicants include state and local governments, colleges, companies, research centers, trade groups, federally funded labs, Department research facilities, international collaboratives, and consortia of those groups. A Director, picked by the President and approved by the Senate, will run ARPA–I from the Office of the Assistant Secretary for Research and Technology and report to the Secretary of Transportation. The Director must approve programs, set funding rules and technical milestones, give money or other help, stop programs that fail, and take unsolicited proposals. Program directors, appointed for 3-year terms and eligible for reappointment, will set program goals, advertise them, ask for applications, pick projects by merit (looking at novelty, technical quality, team ability, and commercial potential), monitor progress, and push projects toward real-world use. The Director can hire technical staff outside usual civil service rules, set salaries up to Executive Schedule Level II, and pay limited extra bonuses (no more than $25,000, or 25% of pay, or the yearly limit in 5 U.S.C. 5307(a)(1), whichever is smallest). ARPA–I can fund approved projects with grants, contracts, cooperative agreements, cash prizes, or similar support. The Director must review unsolicited proposals for novelty, technical merit, team ability, commercial prospects, and avoid duplicating other federal work. Applicants must get written approval or a written denial that explains why and suggests other programs if helpful. Each year the Director must report projects to the Secretary for the Department’s budget and, by October 1, 2022 and every 4 years after, send Congress a 4-year strategic roadmap. The Director must coordinate with other Department programs and agencies, and only fund projects when applicants show they tried to get private financing or that the work is not commercially viable. ARPA–I must seek partnerships with minority-serving institutions and universities and pursue federal demonstrations. The Secretary may ask the National Academy of Sciences to evaluate ARPA–I by December 27, 2024. Certain business and funding details provided by applicants are protected from public disclosure. Funding is authorized as needed, must be budgeted and appropriated separately from the rest of the Department, at least 5% each year must go to technology transfer and outreach, and none of the funds may build new facilities for five years starting from the enactment of the Surface Transportation Investment Act of 2021.

Title 49, §119

Transportation, Source: USLM XML via OLRC

(a)Definitions.—

In this section: (1) ARPA–I.—

(2)Department.—

The term “Department” means the Department of Transportation.

(3)Director.— (4) Eligible entity.—

The term “Director” means the Director of ARPA–I appointed under subsection (d).

(5)Infrastructure.—

(A)In general.—

The term “infrastructure” means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories).

(B)Inclusions.—

The term “infrastructure” includes—

(i)roads;

(ii)highways;

(iii)bridges;

(iv)airports;

(v)rail lines;

(vi)harbors; and

(vii)pipelines.

(6)Secretary.—

The term “Secretary” means the Secretary of Transportation.

(b)Establishment.—

There is established within the Department an agency, to be known as the “Advanced Research Projects Agency–Infrastructure”, to support the development of science and technology solutions—

(1)to overcome long-term challenges; and

(2)to advance the state of the art for United States transportation infrastructure.

(c)Goals.—

(1)In general.—

The goals of ARPA–I shall be—

(A)to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that—

(i)lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance;

(ii)reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions;

(iii)contribute significantly to improving the safe, secure, and efficient movement of goods and people; and

(iv)promote the resilience of infrastructure from physical and cyber threats; and

(B)to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials.

(2)Research projects.—

ARPA–I shall achieve the goals described in paragraph (1) by providing assistance under this section for infrastructure research projects that—

(A)advance novel, early-stage research with practicable application to transportation infrastructure;

(B)translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration;

(C)develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and

(D)accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty.

(d)Director.— (e) Personnel.—

(1)Appointment.—

ARPA–I shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2)Qualifications.—

The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure.

(3)Relationship to secretary.—

The Director shall—

(A)be located within the Office of the Assistant Secretary for Research and Technology; and

(B)report to the Secretary.

(4)Relationship to other programs.—

No other program within the Department shall report to the Director.

(5)Responsibilities.—

The responsibilities of the Director shall include—

(A)approving new programs within ARPA–I;

(B)developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones;

(C)administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1);

(D)terminating programs carried out under this section that are not achieving the goals of the programs; and

(E)establishing a process through which eligible entities can submit to ARPA–I unsolicited research proposals for assistance under this section in accordance with subsection (f).

(f)Research Proposals.—

(1)In general.—

An eligible entity may submit to the Director an unsolicited research proposal at such time, in such manner, and containing such information as the Director may require, including a description of— (A)

(B)any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D).

(2)Review.—

The Director— (A)

(B)may approve a research proposal if the Director determines that the research—

(i)is in accordance with—

(I)the goals described in subsection (c)(1); or

(II)an applicable transportation research and development strategic plan developed under section 6503; and

(ii)would not duplicate any other Federal research being conducted or funded by another Federal agency; and

(C)(i)if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—

(I)explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and

(II)recommends that the research proposal be submitted to another research program; or

(ii)if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal—

(I)a written notice of the approval; and

(II)assistance in accordance with subsection (g) for the proposed research.

(g)Forms of Assistance.—

On approval of a research proposal of an eligible entity, the Director may provide to the eligible entity assistance in the form of— (1)

(2)a contract;

(3)a cooperative agreement;

(4)a cash prize; or

(5)another, similar form of funding.

(h)Reports and Roadmaps.—

(1)Annual reports.—

For each fiscal year, the Director shall provide to the Secretary, for inclusion in the budget request submitted by the Secretary to the President under section 1108 of title 31 for the fiscal year, a report that, with respect to the preceding fiscal year, describes—

(A)the projects that received assistance from ARPA–I, including—

(i)each such project that was funded as a result of an unsolicited research proposal; and

(ii)each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and

(B)the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities.

(2)Strategic vision roadmap.—

Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA–I will use to guide the selection of future projects for technology investment during the 4 fiscal-year period beginning on the date of submission of the report.

(i)Coordination and Nonduplication.—

The Director shall ensure that—

(1)the activities of ARPA–I are coordinated with, and do not duplicate the efforts of, programs and laboratories within—

(A)the Department; and

(B)other relevant research agencies; and

(2)no funding is provided by ARPA–I for a project, unless the eligible entity proposing the project—

(A)demonstrates sufficient attempts to secure private financing; or

(B)indicates that the project is not independently commercially viable.

(j)Federal Demonstration of Technologies.—

The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPA–I.

(k)Partnerships.—

The Director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))—

(1)to accomplish the goals of ARPA–I;

(2)to develop institutional capacity in advanced transportation infrastructure technologies and materials;

(3)to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and

(4)to otherwise address the needs of ARPA–I.

(l)University Transportation Centers.—

The Director may—

(1)partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPA–I; and

(2)sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPA–I.

(m)Advice.—

(1)Advisory committees.—

The Director may seek advice regarding any aspect of ARPA–I from—

(A)an existing advisory committee, office, or other group within the Department; and

(B)a new advisory committee organized to support the programs of ARPA–I by providing advice and assistance regarding—

(i)specific program tasks; or

(ii)the overall direction of ARPA–I.

(2)Additional sources.—

In carrying out this section, the Director may seek advice and review from—

(A)the President’s Council of Advisors on Science and Technology;

(B)the Advanced Research Projects Agency–Energy; and

(C)any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPA–I.

(n)Evaluation.—

(1)In general.—

Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPA–I of the goals described in subsection (c)(1).

(2)Inclusions.—

The evaluation under paragraph (1) may include—

(A)a recommendation regarding whether ARPA–I should be continued;

(B)a recommendation regarding whether ARPA–I, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and

(C)a description of—

(i)the lessons learned from the operation of ARPA–I; and

(ii)the manner in which those lessons may apply to the operation of other programs of the Department.

(3)Availability.—

On completion of the evaluation under paragraph (1), the evaluation shall be made available to—

(A)Congress; and

(B)the public.

(o)Protection of Information.—

(1)In general.—

Each type of information described in paragraph (2) that is collected by ARPA–I from eligible entities shall be considered to be—

(A)commercial and financial information obtained from a person;

(B)privileged or confidential; and

(C)not subject to disclosure under section 552(b)(4) of title 5.

(2)Description of types of information.—

The types of information referred to in paragraph (1) are—

(A)information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models;

(B)information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment;

(C)information relating to additional financial support that the eligible entity—

(i)plans to invest, or has invested, in the technology developed using assistance provided under this section; or

(ii)is seeking from a third party; and

(D)information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section.

(p)Effect on Existing Authorities.—

The authority provided by this section

(1)

(2)shall not supersede or modify any other existing authority.

(q)Funding.—

(1)Authorization of appropriations.—

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

(2)Separate budget and appropriation.—

(A)Budget request.—

The budget request for ARPA–I shall be separate from the budget request of the remainder of the Department.

(B)Appropriations.—

The funding appropriated for ARPA–I shall be separate and distinct from the funding appropriated for the remainder of the Department.

(3)Allocation.—

Of the amounts made available for a fiscal year under paragraph (1)—

(A)not less than 5 percent shall be used for technology transfer and outreach activities—

(i)in accordance with the goal described in subsection (c)(2)(D); and

(ii)within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and

(B)none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Level II of the Executive Schedule, referred to in subsec. (e)(3)(A)(ii), is set out in section 5313 of Title 5, Government Organization and Employees. The date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsec. (q)(3)(B), is the date of enactment of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021.

§119 Advanced Research Projects Agency–infrastructure

Summary

Title 49, §119

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata