[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2219 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2219

   To reduce the number of preventable deaths and injuries caused by 
underride crashes, to improve motor carrier and passenger motor vehicle 
                    safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2017

Mrs. Gillibrand (for herself, Mr. Rubio, and Mr. Nelson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To reduce the number of preventable deaths and injuries caused by 
underride crashes, to improve motor carrier and passenger motor vehicle 
                    safety, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Underrides Act of 2017''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Underride crashes involving passenger motor vehicles 
        striking and traveling underneath a truck or trailer are a 
        significant public health and safety threat.
            (2) The National Highway Traffic Safety Administration has 
        reported that hundreds of preventable fatalities and life-
        threatening injuries have occurred as a result of underride 
        crashes.
            (3) The National Transportation Safety Board has 
        recommended the installation of rear, side, and front underride 
        guards on tractor-trailers to improve passenger motor vehicle 
        safety.
            (4) This bill is introduced in the memory of the thousands 
        of victims of underride crashes, including--
                    (A) Roya Christine Sadigh, AnnaLeah Karth, Mary 
                Lydia Karth, Roderick Cota, Moonjohn Kim, Corey Moore, 
                Gregg Williams, Guy Champ Crawford, Carl Hall, Michael 
                Higginbotham, Sandra Maddamma, David Mathis, Mary 
                Katherine Mathis, James Mooney, Christopher Weigl, Bill 
                Zink, David Magnan, Jasen Swift, Samuel Sierra, 
                Brittany McHargue, Christopher Samuel Padilla, and 
                Edward Hall;
                    (B) those whose catastrophic injuries dramatically 
                changed their lives, including Julie Magnan, Nancy 
                Meuleners, Joshua Rojas, Maiv Yang, and Anita Plantage 
                Bomgaars; and
                    (C) those whose precious lives were cut far too 
                short as a result of preventable underride crashes.
    (b) Purpose.--The purpose of this Act is--
            (1) to reduce the number of preventable deaths and injuries 
        caused by underride crashes; and
            (2) to improve motor carrier and passenger motor vehicle 
        safety.

SEC. 3. DEFINITIONS.

    Section 30102(a) of title 49 is amended--
            (1) by redesignating paragraphs (5), (6), (7), (8), (9), 
        (10), (11), (12), and (13) as paragraphs (6), (7), (8), (9), 
        (10), (11), (14), (19), and (21), respectively;
            (2) by inserting after paragraph (4) the following:
            ``(5) `front underride guard' means a device installed on 
        or near the front of a motor vehicle that limits the distance 
        that a vehicle struck in the rear by the vehicle with the 
        device will slide under the front of the striking vehicle.'';
            (3) by inserting after paragraph (11), as redesignated, the 
        following:
            ``(12) `passenger motor vehicle' has the meaning given that 
        term in section 32101.
            ``(13) `rear underride guard' means a device installed on 
        or near the rear of a motor vehicle that limits the distance 
        that the front end of a vehicle striking the rear of the 
        vehicle with the device will slide under the rear of the 
        impacted vehicle.'';
            (4) by inserting after paragraph (14), as redesignated, the 
        following:
            ``(15) `Secretary' means the Secretary of Transportation.
            ``(16) `semi-trailer' means a trailer, other than a pole 
        trailer, which is designed to rest upon, or be carried by, a 
        motor vehicle.
            ``(17) `side underride guard' means a device installed on 
        or near the side of a motor vehicle that limits the distance 
        that the front end of a vehicle striking the side of the 
        vehicle with the device will slide under the side of the 
        impacted vehicle.
            ``(18) `single unit truck' means a truck with a gross 
        vehicle weight rating greater than 10,000 pounds (excluding any 
        attached trailer).''; and
            (5) by inserting after paragraph (19), as redesignated, the 
        following:
            ``(20) `trailer' means a vehicle, with or without motive 
        power, which is designed--
                    ``(A) to carry persons or property; and
                    ``(B) to be drawn by a motor vehicle.''.

SEC. 4. UNDERRIDE GUARD RULEMAKING.

    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30129. Underride guards
    ``(a) Rear Underride Guards.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall issue a 
        final rule to require the installation of rear underride guards 
        that meet the performance standards described in paragraph (2) 
        on all trailers, semi-trailers, and single unit trucks with a 
        gross vehicle weight rating of more than 10,000 pounds that are 
        manufactured on or after the effective date of the rule.
            ``(2) Performance standards.--A rear underride guard shall 
        be considered to meet the performance standard referred to in 
        paragraph (1) if a passenger motor vehicle traveling at 35 
        miles per hour is prevented, as verified through crash testing 
        while attached to a trailer, from moving underneath the rear of 
        a trailer, semi-trailer, or single unit truck on which the rear 
        underride guard has been installed after--
                    ``(A) an impact in which the passenger vehicle 
                impacts the center of the rear of the trailer, semi-
                trailer, or single unit truck;
                    ``(B) an impact in which 50 percent the width of 
                the passenger vehicle overlaps the rear of the trailer, 
                semi-trailer, or single unit truck; and
                    ``(C) an impact in which 30 percent of the width of 
                the passenger vehicle overlaps the rear of the trailer, 
                semi-trailer, or single unit truck.
            ``(3) Retrofit requirements.--Not later than 2 years after 
        the date of the enactment of this section, the Secretary shall 
        issue a final rule requiring the installation of rear underride 
        guards described in paragraph (1) on all trailers, semi-
        trailers, and single unit trucks with a gross vehicle weight 
        rating of more than 10,000 pounds that are manufactured before 
        the effective date of the rule required by paragraph (1).
            ``(4) Compliance dates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), compliance with each of the rules 
                issued by the Secretary under paragraphs (1) and (3) 
                shall be required beginning 1 year after the date on 
                which the final rule is published in the Federal 
                Register.
                    ``(B) Phase-in.--The Secretary may permit a phase-
                in period (not to exceed 2 years) for the installation 
                of rear underride guards on trailers, semi-trailers, 
                and single unit trucks described in paragraph (3).
    ``(b) Side Underride Guards.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall issue a 
        final rule requiring the installation of side underride guards 
        that meet the performance standards described in paragraph (3) 
        on all trailers, semi-trailers, and single unit trucks with a 
        gross vehicle rating of more than 10,000 pounds manufactured on 
        or after the effective date of the rule.
            ``(2) Retrofit requirements.--Not later than 2 years after 
        the date of the enactment of this section, the Secretary shall 
        issue a final rule requiring all trailers, semi-trailers, and 
        single unit trucks with a gross vehicle rating of more than 
        10,000 pounds manufactured before the effective date of the 
        rule required by paragraph (1) to be equipped with side 
        underride guards that meet the performance standards described 
        in paragraph (3).
            ``(3) Performance standards.--A side underride guard meets 
        the performance standards described in this paragraph if the 
        side underride guard is able to prevent intrusion from the body 
        or frame of a vehicle described in paragraph (1) into the 
        passenger compartment of a passenger motor vehicle that 
        contacts the guard while traveling 35 miles per hour at any 
        angle between 10 degrees and 90 degrees.
            ``(4) Compliance dates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), compliance with each of the rules 
                issued by the Secretary under paragraphs (1) and (2) 
                shall be required beginning on the date that is 1 year 
                after the respective issuance date of each such rule.
                    ``(B) Phase-in.--The Secretary may permit a phase-
                in period, not to exceed 3 years, pursuant to paragraph 
                (2) for the installation of side underride guards on 
                trailers and semi-trailers described in that paragraph.
    ``(c) Front Underride Guards.--
            ``(1) Rule required.--Not later than 2 years after the date 
        of the enactment of this section, the Secretary shall issue a 
        final rule requiring all commercial motor vehicles with a gross 
        vehicle weight rating of more than 10,000 pounds manufactured 
        on or after the effective date of the rule to be equipped with 
        front underride guards.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall--
                    ``(A) complete research on equipping commercial 
                motor vehicles with a gross weight rating of more than 
                10,000 pounds with a front underride guard to prevent 
                trucks from overriding the passenger vehicle; and
                    ``(B) submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committees on 
                Transportation and Infrastructure and Energy and 
                Commerce of the House of Representatives a report on 
                the research described in subparagraph (A).
            ``(3) Retrofit requirements.--Not later than 3 years after 
        the date of the enactment of this section, the Secretary shall 
        issue a rule requiring all commercial motor vehicles with a 
        gross vehicle weight rating of more than 10,000 pounds to be 
        equipped with a front underride guard.
            ``(4) Compliance dates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), compliance with each of the rules 
                issued by the Secretary under paragraphs (1) and (3) 
                shall be required beginning on the date that is 1 year 
                after the respective issuance date of each such rule.
                    ``(B) Phase-in.--The Secretary may permit a phase-
                in period (not to exceed 3 years) pursuant to paragraph 
                (3) for the installation of front underride guards on 
                commercial motor vehicles.
    ``(d) Maintenance Requirements.--
            ``(1) Revised standard.--
                    ``(A) In general.--The Secretary shall require that 
                the underride guard required under this section be 
                maintained in safe and proper operating condition to 
                maximize its effectiveness in saving lives.
                    ``(B) Periodic inspections.--The Secretary shall 
                require periodic inspections of the comprehensive 
                underride protection system in trailers, semi-trailers, 
                and single unit trucks to ensure that the guards are in 
                safe and proper operating condition, including 
                identification of any rust, corrosion, cracked welds, 
                cracked or fractured vertical members, cuts, or tears 
                in any underride guard to ensure the integrity of the 
                guard.
                    ``(C) Effect of inspection results.--
                            ``(i) Passing.--In carrying out 
                        subparagraph (B), the Secretary shall--
                                    ``(I) authorize motor vehicles that 
                                pass the inspection described in 
                                subparagraph (B) to display a 
                                Commercial Vehicle Safety Alliance 
                                Inspection Decal, which shall be valid 
                                for 3 months; and
                                    ``(II) permit the reinspection of 
                                motor vehicles.
                            ``(ii) Not passing.--The Secretary shall--
                                    ``(I) require that any motor 
                                vehicle that does not pass the 
                                inspection described in subparagraph 
                                (B) be issued an Out of Service 
                                violation and bear an Out of Service 
                                Vehicle sticker; and
                                    ``(II) require the vehicle owner or 
                                lessor--
                                            ``(aa) to pay a fine; and
                                            ``(bb) to repair or replace 
                                        equipment, as necessary, so 
                                        that the comprehensive 
                                        underride protection system is 
                                        in safe and proper operating 
                                        condition at all times before a 
                                        driver may operate the vehicle.
            ``(2) Inspections and repairs.--
                    ``(A) Post-accident inspections.--To ensure that 
                underride guards are maintained in safe and proper 
                operating condition at all times, the Secretary shall 
                require--
                            ``(i) the inspection of underride guards 
                        immediately following a crash that impacts an 
                        underride guard; and
                            ``(ii) the owner or lessor of the vehicle 
                        involved in such crash to inspect and repair or 
                        replace the underride guard so that it is in 
                        safe and proper operating condition at all 
                        times before the vehicle is allowed to be 
                        driven.
                    ``(B) Pre-trip inspections.--The Secretary shall 
                require drivers--
                            ``(i) to conduct a pre-trip inspection of 
                        the comprehensive underride protection system 
                        of their trailer, semi-trailer, or single unit 
                        truck to identify any rust, corrosion, cracked 
                        welds, cracked or fractured vertical members, 
                        cuts and tears in any underride guard, and to 
                        ensure the dimensional integrity of such 
                        guards;
                            ``(ii) to include the results of the 
                        inspection described in clause (i) in the 
                        driver vehicle inspection report; and
                            ``(iii) to complete any necessary repairs 
                        to, or replacement of, the underride protection 
                        system before the vehicle is operated.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 301 of 
title 49, United States Code, is amended by striking the item relating 
to section 30128 and inserting the following:

``30128. Vehicle rollover prevention and crash mitigation.
``30129. Underride guards.''.
    (c) Rulemakings.--The Secretary shall amend--
            (1) section 396.17 of title 49, Code of Federal 
        Regulations, and appendix G to subchapter B of chapter III of 
        that title, in accordance with section 30129(d)(1)(B) of title 
        49, United States Code (as added by subsection (a));
            (2) section 398.8 of title 49, Code of Federal Regulations, 
        by revising Form MCS 64 in accordance with section 
        30129(d)(1)(C)(ii) of title 49, United States Code (as added by 
        subsection (a));
            (3) section 396.11 of title 49, Code of Federal 
        Regulations, in accordance with section 30129(d)(2)(B) of title 
        49, United States Code (as added by subsection (a)); and
            (4) appendix G to subchapter B of chapter III of title 49, 
        Code of Federal Regulations--
                    (A) by redesignating paragraphs 6 through 14 as 
                paragraphs 7 through 15, respectively; and
                    (B) by inserting after paragraph 5 the following:
            ``(6) Rear impact guards and rear end protection.--Any 
        trailer or semitrailer required under section 393.86 to be 
        equipped with a rear impact guard or rear end protection--
                    ``(A) that does not meet the requirements under 
                section 393.86;
                    ``(B) that is missing or has rust, corrosion, 
                cracked welds, cracked or fractured vertical members, 
                or cuts or tears in any underride guard component; or
                    ``(C) for which the dimensional integrity of the 
                guard or protection is compromised.''.

SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS.

    (a) Request for Proposals.--As soon as practicable, the Secretary 
of Transportation shall issue a Request for Proposals for the design of 
2 high capacity rear underride barrier prototypes of a generic guard 
(with energy absorption and without energy absorption) to prevent 
underride crashes and protect motor vehicle passengers against severe 
injury at crash speeds of up to 65 miles per hour.
    (b) Evaluation.--The Secretary shall--
            (1) evaluate the proposals received in response to the 
        Request for Proposals issued pursuant to subsection (a); and
            (2) update the underride guard standards under section 
        30129 of title 49, United States Code, as appropriate, to 
        provide the best underride protection that is technologically 
        feasible.
    (c) Periodic Reviews.--
            (1) In general.--Not later than 5 years after the underride 
        guard standards are updated pursuant to subsection (b)(2), and 
        every 5 years thereafter, the Secretary shall--
                    (A) conduct a review of underride guard standards 
                to evaluate the need for changes in response to 
                advancements in technology; and
                    (B) update such standards accordingly.
            (2) Report.--After each review conducted under this 
        section, the Secretary shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committees on Transportation and Infrastructure and Energy and 
        Commerce of the House of Representatives a report on the 
        results of the review.

SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION.

    (a) Establishment.--The Secretary of Transportation shall establish 
the Committee on Underride Protection (referred to in this section as 
the ``Committee'') to oversee the ongoing underride rulemaking process.
    (b) Representation.--The Committee shall be composed of--
            (1) truck and trailer manufacturers;
            (2) motor vehicle engineers, including technicians who work 
        on motor vehicle safety improvements;
            (3) motor vehicle crash reconstructionists;
            (4) traffic safety organizations;
            (5) public health or injury prevention professionals; and
            (6) at least 2 people whose families have been impacted by 
        an underride crash.
    (c) Meetings.--The Committee shall meet--
            (1) until the final rules have been issued pursuant to 
        section 30129 of title 49, United States Code, as added by 
        section 4--
                    (A) monthly, via conference call; and
                    (B) quarterly, in person, at the Department of 
                Transportation headquarters; and
            (2) subsequent to the issuance of the final rules described 
        in paragraph (1), annually, at the Department of Transportation 
        headquarters, to assess the status of underride crash 
        protection.
    (d) Annual Report.--The Committee shall submit an annual report to 
the appropriate congressional committees that describes the progress 
made by the Secretary of Transportation in meeting the rulemaking 
deadlines set forth in section 30129 of title 49, United States Code, 
as added by section 4.

SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE CRASHES.

    The Secretary of Transportation shall--
            (1) publish data on victims of truck underride crashes on a 
        publicly accessible website; and
            (2) update the data described in paragraph (1) not less 
        frequently than quarterly.
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