[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 471 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 471

To amend title 23, United States Code, with respect to commercial motor 
    vehicle parking, safety, and licensing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2023

Mr. Johnson of South Dakota (for himself and Mr. Costa) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committees on Education and 
  the Workforce, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, with respect to commercial motor 
    vehicle parking, safety, and licensing, 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 ``Safer Highways and Increased 
Performance for Interstate Trucking Act'' or the ``SHIP IT Act''.

SEC. 2. MODERNIZING AUTHORITY FOR CERTAIN VEHICLE WAIVERS DURING 
              EMERGENCIES.

    Section 127(i) of title 23, United States Code, is amended to read 
as follows:
    ``(i) Special Permits During Periods of National Emergency.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, a State may issue special permits during an 
        emergency to overweight vehicles and loads that can easily be 
        dismantled or divided if the conditions of either paragraph (2) 
        or paragraph (3) are met.
            ``(2) Presidential declaration.--The conditions of 
        paragraph (2) as referenced in paragraph (1) of this subsection 
        are--
                    ``(A) the President has declared the emergency to 
                be a major disaster under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.);
                    ``(B) the permits described in paragraph (1) are 
                issued in accordance with State law;
                    ``(C) the permits are issued exclusively to 
                vehicles and loads that are delivering relief supplies; 
                and
                    ``(D) a permit shall expire not later than 120 days 
                after the date of the declaration of emergency under 
                subparagraph (A) of this paragraph.
            ``(3) Secretarial declaration.--The conditions of paragraph 
        (3) are the following:
                    ``(A) The Secretary has declared that--
                            ``(i) emergency or other unusual 
                        conditions, including weather, fire, 
                        earthquake, disease, or natural emergencies and 
                        including financial or other non-natural 
                        emergencies, are having a negative impact on 
                        commerce in a State or regionally or 
                        nationally; or
                            ``(ii) supply chains in United States 
                        commerce are functioning in a suboptimal manner 
                        in a State or regionally or nationally, either 
                        in terms of slow overall movement, freight 
                        traffic congestion, or otherwise.
                    ``(B) The permits described in paragraph (1) are 
                issued in accordance with State law.
                    ``(C) The permit shall expire--
                            ``(i) 365 days after the Secretary makes a 
                        declaration pursuant to subparagraph (A), 
                        unless the expiration date is extended by the 
                        Secretary; or
                            ``(ii) 180 days after the Secretary 
                        declares that the emergency or other condition 
                        declared by the Secretary pursuant to 
                        subparagraph (A) has expired, whichever is 
                        later.
                    ``(D) In administering this paragraph, the 
                Secretary shall give weight to requests by a State to 
                make or extend subparagraph (A) declarations.''.

SEC. 3. ELIGIBILITY FOR WORKFORCE GRANTS.

    Section 134 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3174) is amended by adding at the end the following:
    ``(e) Truck Drivers.--
            ``(1) In general.--With respect to the commercial motor 
        vehicle operator profession, the Secretary shall provide grants 
        to individuals for the tuition and fees and other costs of 
        entry level driver training provided by an entity listed as a 
        training provider on the registry maintained by the Federal 
        Motor Carrier Safety Administration and for such other 
        education and training costs as the Secretary may approve, 
        including the cost of course materials, supplies, technology, 
        and fees for graduation, licensure, or certification.
            ``(2) Simplified process.--As soon as practicable after the 
        date of enactment of this subsection, the Secretary shall 
        develop a simplified process through which grants may be 
        provided under this subsection that would be readily accessible 
        to individuals with non-Federal share requirements set at the 
        lowest level allowed under other provisions of this section.
            ``(3) Requirements.--Expenses authorized under paragraph 
        (1) shall be provided both through the structure of existing 
        programs pursuant to subsections (a) through (d) of this 
        section and through the process developed by the Secretary 
        under subsection (e).''.

SEC. 4. STRENGTHENING SUPPLY CHAINS THROUGH TRUCK DRIVER INCENTIVES 
              ACT.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
inserting after section 36B the following new section:

``SEC. 36C. CREDIT FOR COMMERCIAL TRUCK DRIVERS.

    ``(a) Allowance of Credit.--In the case of an eligible individual, 
there shall be allowed as a credit against the tax imposed by this 
subtitle an amount equal to $7,500 for the taxable year.
    ``(b) Eligible Individual.--For the purposes of this section, the 
term `eligible taxpayer' means, with respect to a taxable year, an 
individual--
            ``(1) who holds a valid Class A commercial driver's license 
        (except as provided in subsection (c)) who operates a tractor-
        trailer combination that qualifies as a Group A vehicle under 
        section 383.91(a)(1) of title 49, Code of Federal Regulations,
            ``(2) whose adjusted gross income for the taxable year does 
        not exceed--
                    ``(A) in the case of a joint return or surviving 
                spouse, $135,000,
                    ``(B) in the case of an individual who is a head of 
                household, $112,500, or
                    ``(C) in the case of any other individual, $90,000, 
                and
            ``(3) who drove such a vehicle in the course of a trade or 
        business--
                    ``(A) and served not less than 1900 hours of on-
                duty time, including driving time, during such taxable 
                year, or
                    ``(B) in the case of an individual who did not 
                drive a commercial truck in the preceding taxable year, 
                not less than an average of 40 hours per week of on-
                duty time, including driving time, with respect to 
                weeks during the taxable year in which such individual 
                drove such a vehicle in the course of a trade or 
                business.
    ``(c) Special Rule for Apprentices.--With respect to an individual 
enrolled in an apprenticeship program registered under the Act of 
August 16, 1937 (commonly known as the `National Apprenticeship Act'), 
who, upon completion or in the course of such apprenticeship program 
will receive a Class A commercial driver's license--
            ``(1) the requirements of subsection (b)(1) shall not 
        apply, and
            ``(2) such individual may count training hours in such 
        program as hours driving a vehicle described in subsection 
        (b)(1) for the purposes of this section.
    ``(d) Special Rule for New Truck Drivers.--Except as provided in 
subsection (e), in the case of an eligible taxpayer who did not drive a 
commercial truck in the course of a trade or business during the 
preceding taxable year, subsection (a) shall be applied by substituting 
`$10,000' for `$7,500'.
    ``(e) Special Rule for Drivers With Less Than 1420 Hours.--In the 
case of an eligible taxpayer who did not drive a commercial truck in 
the preceding taxable year who drives a commercial truck and served for 
less than 1420 hours of on-duty time, including driving time, in the 
course of a trade or business during the taxable year, the amount of 
the credit allowed by subsection (a) shall be the amount that bears the 
same proportion to the dollar amount (determined without regard to this 
subsection) with respect to the individual under subsection (a) as the 
number of hours of on-duty time, including driving time, such 
individual drove a commercial truck in the course of a trade or 
business during such taxable year bears to 1420 hours.
    ``(f) Inflation Adjustment.--In the case of any taxable year 
beginning after 2022, the dollar amounts in this section shall be 
increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under 
        section 1(f)(3) for the calendar year in which the taxable year 
        begins, determined by substituting `calendar year 2021' for 
        `calendar year 2016' in subparagraph (A)(ii).
    ``(g) Limitation.--An eligible individual shall be allowed the 
credit under this section only 2 times.
    ``(h) Definitions.--In this section, the terms ``on-duty time'' and 
``driving time'' shall have the meaning given such terms in section 
395.2 of title 49, Code of Federal Regulations.''.
    (b) Conforming Amendments.--
            (1) In general.--Section 6211(b)(4)(A) of the Internal 
        Revenue Code of 1986 is amended by inserting ``, 36C'' after 
        ``36B''.
            (2) Refund of internal revenue collections.--Section 
        1324(b)(2) of title 31, United States Code, is amended by 
        inserting ``, 36C'' after ``, 36B''.
            (3) Clerical amendment.--The table of sections for subpart 
        C of part IV of subchapter A of chapter 1 of the Internal 
        Revenue Code of 1986 is amended by inserting after the item 
        relating to section 36B the following new item: ``Sec. 36C. 
        Credit for commercial truck drivers.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years ending on or after December 31, 2022.

SEC. 5. PARKING FOR COMMERCIAL MOTOR VEHICLES.

    (a) Sense of Congress.--It is the sense of Congress that it should 
be a national priority to address the shortage of parking for 
commercial motor vehicles on the Federal-aid highway system to improve 
highway safety.
    (b) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 180. Parking for commercial motor vehicles
    ``(a) Grant Authority.--Subject to the availability of funds, the 
Secretary shall make grants under this section, on a competitive basis, 
to eligible entities for projects to provide parking for commercial 
motor vehicles and improve the safety of commercial motor vehicle 
operators.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application at such 
time and in such manner as the Secretary may require.
    ``(c) Application Contents.--An application submitted under 
subsection (b) shall contain--
            ``(1) a description of the proposed project; and
            ``(2) any other information that the Secretary may require.
    ``(d) Eligible Entities.--The following entities shall be eligible 
to receive amounts under this section:
            ``(1) A State.
            ``(2) A metropolitan planning organization.
            ``(3) A unit of local government.
            ``(4) A political subdivision of a State or local 
        government carrying out responsibilities relating to commercial 
        motor vehicle parking.
            ``(5) A Tribal government or a consortium of Tribal 
        governments.
            ``(6) A multistate or multijurisdictional group of entities 
        described in paragraphs (1) through (5).
    ``(e) Private Sector Participation.--An eligible entity that 
receives a grant under this section may partner with a private entity 
to carry out an eligible project under this section.
    ``(f) Eligible Projects.--
            ``(1) In general.--An entity may use a grant awarded under 
        this section for a project described in paragraph (2) that is 
        on--
                    ``(A) a Federal-aid highway; or
                    ``(B) a facility with reasonable access to--
                            ``(i) a Federal-aid highway; or
                            ``(ii) a freight facility.
            ``(2) Projects described.--A project described in this 
        paragraph is a project to--
                    ``(A) construct safety rest areas (as such term is 
                defined in section 120(c)) that include parking for 
                commercial motor vehicles;
                    ``(B) construct additional commercial motor vehicle 
                parking capacity--
                            ``(i) adjacent to private commercial truck 
                        stops and travel plazas;
                            ``(ii) within the boundaries of, or 
                        adjacent to, a publicly owned freight facility, 
                        including a port terminal operated by a public 
                        authority; and
                            ``(iii) at existing facilities, including 
                        inspection and weigh stations and park-and-ride 
                        locations;
                    ``(C) open existing weigh stations, safety rest 
                areas, and park-and-ride facilities to commercial motor 
                vehicle parking;
                    ``(D) construct or make capital improvements to 
                existing public commercial motor vehicle parking 
                facilities to expand parking utilization and 
                availability, including at seasonal facilities;
                    ``(E) identify, promote, and manage the 
                availability of publicly and privately provided 
                commercial motor vehicle parking, such as through the 
                use of intelligent transportation systems;
                    ``(F) improve the safety of commercial motor 
                vehicle operators at parking facilities as part of a 
                project described in subparagraphs (A) through (D); or
                    ``(G) improve a parking facility, including through 
                advanced truck stop electrification systems and other 
                improvements determined appropriate by the Secretary, 
                as part of a project described in subparagraphs (A) 
                through (D).
            ``(3) Publicly accessible parking.--Commercial motor 
        vehicle parking constructed or opened with a grant under this 
        section shall be open and accessible to all commercial motor 
        vehicle operators.
    ``(g) Use of Funds.--
            ``(1) In general.--An eligible entity may use a grant under 
        this section for--
                    ``(A) development phase activities, including 
                planning, feasibility analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities 
                necessary to advance a project under this section; and
                    ``(B) construction and operational improvements.
            ``(2) Limitation.--
                    ``(A) In general.--An eligible entity may use not 
                more than 25 percent of the amount of a grant under 
                this section for activities described in paragraph 
                (1)(A).
                    ``(B) Existing facilities.--Not more than 10 
                percent of the amounts available for each fiscal year 
                for grants under the program may be used for projects 
                described under subsection (f)(2)(E) that solely 
                identify, promote, and manage the availability of 
                existing commercial motor vehicle parking.
    ``(h) Selection Criteria.--In making grants under this subsection, 
the Secretary shall give priority to applications that demonstrate--
            ``(1) a shortage of commercial motor vehicle parking 
        capacity in the corridor in which the project is located;
            ``(2) consultation with motor carriers, commercial motor 
        vehicle operators, public safety officials, and private 
        providers of commercial motor vehicle parking;
            ``(3) that the project will likely--
                    ``(A) increase the availability or utilization of 
                commercial motor vehicle parking;
                    ``(B) facilitate the efficient movement of freight; 
                and
                    ``(C) improve highway safety, traffic congestion, 
                and air quality; and
            ``(4) the ability to provide for the maintenance and 
        operation of the facility.
    ``(i) Federal Share.--Notwithstanding section 120, the Federal 
share for a project carried out under this subsection shall be up to 
100 percent.
    ``(j) Treatment of Projects.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, projects funded under this section shall be treated as 
        projects on a Federal-aid highway under this chapter.
            ``(2) Period of availability.--Funds appropriated for 
        projects under this section shall remain available for a period 
        of 3 years after the last day of the fiscal year in which the 
        funds are made available.
    ``(k) Prohibition on Charging Fees.--To be eligible for a grant 
under this section, an eligible entity shall agree that no fees will be 
charged to a commercial motor vehicle to access parking constructed, 
opened, or improved with a grant under this section.
    ``(l) Notification of Congress.--Not less than 3 business days 
before making a grant for a project under this section, the Secretary 
shall notify, in writing, the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on the 
Environment and Public Works of the Senate of the intention to award 
such a grant.
    ``(m) Survey and Comparative Assessment.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, and every 2 years thereafter, 
        the Secretary, in consultation with appropriate State motor 
        carrier safety personnel, motor carriers, State departments of 
        transportation, and private providers of commercial motor 
        vehicle parking shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate a 
        report that--
                    ``(A) evaluates the availability of adequate 
                parking and rest facilities, taking into account both 
                private and public facilities, for commercial motor 
                vehicles engaged in interstate transportation;
                    ``(B) evaluates the effectiveness of the projects 
                funded under this section in improving access to 
                commercial motor vehicle parking;
                    ``(C) evaluates the ability of entities receiving a 
                grant under this section to sustain the operation of 
                parking facilities constructed with funds provided 
                under this section; and
                    ``(D) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
            ``(2) Results.--The Secretary shall make the report and 
        subsequent updated reports under paragraph (1) available to the 
        public on the website of the Department of Transportation.
            ``(3) Alignment of reports.--In carrying out this 
        subsection, the Secretary shall consider the results of the 
        commercial motor vehicle parking facilities assessments of the 
        States under section 70202 of title 49 and seek to align the 
        contents of the report and reporting deadlines under paragraph 
        (1) with the requirements of such section.
    ``(n) Commercial Motor Vehicle Defined.--In this section, the term 
`commercial motor vehicle' has the meaning given such term in section 
31132 of title 49.''.
    (c) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding after the item relating to 
section 177 the following:

``180. Parking for commercial motor vehicles.''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated out of the general fund of the Treasury for projects for 
commercial vehicle parking under section 177 of title 23, United States 
Code (as added by this Act)--
            (1) $175,000,000 for fiscal year 2023;
            (2) $185,000,000 for fiscal year 2024;
            (3) $195,000,000 for fiscal year 2025; and
            (4) $200,000,000 for fiscal year 2026.

SEC. 6. LICENSING INDIVIDUAL COMMERCIAL EXAM-TAKERS NOW SAFELY AND 
              EFFICIENTLY ACT.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation, acting through the Administrator of the 
Federal Motor Carrier Safety Administration, shall--
            (1) revise section 384.228 of title 49, Code of Federal 
        Regulations (or a successor regulation), to allow a State or 
        third-party examiner to administer a commercial driver's 
        license knowledge test so long as the examiner--
                    (A) maintains a valid commercial driver's license 
                test examiner certification;
                    (B) completes a commercial driver's license skills 
                test examiner training course that meets the 
                requirements of subsection (d) of such section; and
                    (C) completes 1 unit of instruction described in 
                subsection (c)(3) of such section;
            (2) revise section 383.25(a)(1) of title 49, Code of 
        Federal Regulations (or a successor regulation), to allow a 
        commercial driver's license holder accompanying a commercial 
        learner's permit holder to be present anywhere in the cab of 
        the vehicle being operated by the commercial learner's permit 
        holder; and
            (3) revise section 383.79 of title 49, Code of Federal 
        Regulations (or a successor regulation), to allow a State to 
        administer a driving skills test to any commercial driver's 
        license applicant, regardless of the State of domicile of the 
        applicant or where the applicant received driver training.

SEC. 7. EXEMPTION FOR ZERO EMISSION CLASS 7 VEHICLES.

    Section 31301(4) of title 49, United States Code, is amended by 
inserting ``, except that, for vehicles powered primarily by means of 
electric battery power, the weight of the electric battery or batteries 
shall not count towards the gross vehicle weight rating and gross 
vehicle weight stated in this subparagraph, or towards any lesser gross 
vehicle weight rating or gross vehicle weight that may be prescribed by 
the Secretary by regulation'' after ``10,001 pounds''.

SEC. 8. SAFETY DATA COLLECTION PROGRAM FOR CERTAIN 6-AXLE VEHICLES.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(x) Pilot Program for Safety Data Collection on Certain 6-Axle 
Vehicles.--
            ``(1) General authority.--Not later than 30 days after the 
        date of enactment of this subsection, the Secretary shall 
        establish a pilot program (referred to in this subsection as 
        the `pilot program') under which States selected by the 
        Secretary under paragraph (2) may allow covered 6-axle vehicles 
        to be operated on the Interstate System in the State.
            ``(2) Selection of states for the program.--
                    ``(A) Initial application.--Beginning on the date 
                that is 30 days after the date of enactment of this 
                subsection, a State seeking to participate in the pilot 
                program shall submit an application to the Secretary in 
                electronic form, containing such administrative 
                information as the Secretary may require, including a 
                certification that the State will have the authority 
                pursuant to State law to implement the pilot program.
                    ``(B) Selection.--The Secretary shall select for 
                the pilot program, on a rolling basis, States that 
                submit a completed application under subparagraph (A).
                    ``(C) Election to no longer participate.--If a 
                State elects to no longer participate in the pilot 
                program, the State shall notify the Secretary of such 
                election.
            ``(3) Means of implementation.--
                    ``(A) In general.--To be eligible to participate in 
                the pilot program, a State shall agree to implement the 
                pilot program through the issuance of permits per 
                vehicle or group of vehicles with respect to covered 6-
                axle vehicles.
                    ``(B) Permit.--A permit described in subparagraph 
                (A) shall--
                            ``(i) describe the Interstate System routes 
                        that may be used while operating at greater 
                        than 80,000 pounds gross vehicle weight in a 
                        covered 6-axle vehicle; and
                            ``(ii) require the permit holder to report 
                        to the State, with respect to such permit 
                        holder--
                                    ``(I) each accident (as such term 
                                is defined in section 390.5 of title 
                                49, Code of Federal Regulations, as in 
                                effect on the date of enactment of this 
                                subsection) that occurred in the State 
                                involving a covered 6-axle vehicle on 
                                the Interstate System in the State;
                                    ``(II) the estimated gross vehicle 
                                weight of each covered 6-axle vehicle 
                                at the time of an accident described in 
                                subclause (I); and
                                    ``(III) the estimated miles 
                                traveled by covered 6-axle vehicles on 
                                the Interstate System annually.
                    ``(C) Safety equipment incentive.--
                            ``(i) Fee reduction.--With respect to any 
                        fee associated with a permit under this 
                        paragraph, the State shall reduce the fee 
                        otherwise applicable to a vehicle by 67 percent 
                        if the vehicle is equipped with an automatic 
                        emergency braking system, including such 
                        systems in use on the date of enactment of this 
                        subsection.
                            ``(ii) Group of vehicles.--As applied to a 
                        permit for a group of vehicles, the reduction 
                        under clause (i) shall only apply with respect 
                        to individual vehicles in the group that are 
                        equipped with an automatic emergency breaking 
                        system, including such systems in use on the 
                        date of enactment of this subsection.
            ``(4) Other authorizations not affected.--This subsection 
        shall not restrict--
                    ``(A) a vehicle that may operate under any other 
                provision of this section or another Federal law; or
                    ``(B) a State's authority with respect to a vehicle 
                that may operate under any other provision of this 
                section or another Federal law.
            ``(5) No highway funding reduction.--Notwithstanding 
        subsection (a), funds apportioned to a State under section 104 
        for any period may not be reduced because the State authorizes 
        the operation of covered 6-axle vehicles within such State in 
        accordance with this subsection.
            ``(6) Annual report.--Not later than the first March 1 
        after the date of enactment of this subsection, and annually 
        thereafter, a State participating in the pilot program shall 
        submit to the Secretary with respect to the previous calendar 
        year, a report on--
                    ``(A) the number of accidents (as such term is 
                defined in section 390.5 of title 49, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this subsection)) that occurred in the State involving 
                covered 6-axle vehicles on the Interstate System in the 
                State;
                    ``(B) the estimated gross vehicle weight of each 
                such vehicle at the time of the accident in the State 
                described in subparagraph (A); and
                    ``(C) the estimated miles traveled by such vehicle 
                on the Interstate System in the State.
            ``(7) Termination of pilot program.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the pilot program shall terminate on 
                the date that is 10 years after the date of enactment 
                of this subsection.
                    ``(B) Additional application; continuation of 
                authority.--For a period of 10 years beginning on the 
                date described in subparagraph (A), the Secretary may 
                continue the pilot program with respect to each State 
                in the program, upon the application of a State and 
                after consideration of--
                            ``(i) the actual experience of the State 
                        under the pilot program; and
                            ``(ii) any documents or other material 
                        submitted by the State in support of such an 
                        application.
            ``(8) Covered 6-axle vehicle defined.--In this subsection, 
        the term `covered 6-axle vehicle' means a vehicle--
                    ``(A) equipped with 6 or more axles;
                    ``(B) for which the weight--
                            ``(i) on any single axle of the vehicle 
                        does not exceed 20,000 pounds, including 
                        enforcement tolerances;
                            ``(ii) on any tandem axle of the vehicle 
                        does not exceed 34,000 pounds, including 
                        enforcement tolerances; and
                            ``(iii) on any group of three or more axles 
                        of the vehicle does not exceed 45,000 pounds, 
                        including enforcement tolerances;
                    ``(C) for which the gross weight does not exceed 
                the lesser of--
                            ``(i) 91,000 pounds, including enforcement 
                        tolerances; and
                            ``(ii) the maximum permitted by the bridge 
                        formula under subsection (a); and
                    ``(D) that is not a longer combination vehicle, as 
                such term is defined in subsection (d)(4).''.

SEC. 9. HAULERS OF AGRICULTURE AND LIVESTOCK SAFETY ACT.

    (a) Transportation of Agricultural Commodities and Farm Supplies.--
Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31136 note; Public Law 106-159) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``during planting and harvest periods, as 
                determined by each State,''; and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) drivers transporting agricultural commodities 
                within a 150 air-mile radius from--
                            ``(i) the source of the agricultural 
                        commodities; or
                            ``(ii) the destination of the agricultural 
                        commodities;''; and
            (2) in subsection (e)(8) by striking ``during the planting 
        and harvesting seasons within each State, as determined by the 
        State, and livestock feed at any time of the year'' and 
        inserting ``and livestock feed''.
    (b) Definition of Agricultural Commodity.--
            (1) In general.--Section 229(e) of the Motor Carrier Safety 
        Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106-
        159) is amended by striking paragraph (7) and inserting the 
        following:
            ``(7) Agricultural commodity.--The term `agricultural 
        commodity' has the meaning given the term in section 395.2 of 
        title 49, Code of Federal Regulations (or a successor 
        regulation).''.
            (2) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        revise the definition of the term ``agricultural commodity'' in 
        section 395.2 of title 49, Code of Federal Regulations, to 
        include--
                    (A) any nonprocessed product planted or harvested 
                for food, feed, fuel, or fiber;
                    (B)(i) any nonhuman living animal, including--
                            (I) fish;
                            (II) insects; and
                            (III) livestock (as such term is defined in 
                        section 602 of the Emergency Livestock Feed 
                        Assistance Act of 1988 (7 U.S.C. 1471); and
                    (ii) the nonprocessed products of any nonhuman 
                living animal, including--
                            (I) milk;
                            (II) eggs; and
                            (III) honey;
                    (C) nonprocessed forestry, aquacultural, 
                horticultural, and floricultural commodities;
                    (D) fresh or minimally processed fruits and 
                vegetables, including fruits and vegetables that are 
                rinsed, cooled, cut, ripened, or otherwise minimally 
                processed, as determined by the Secretary;
                    (E) animal feed, including the ingredients of 
                animal feed; and
                    (F) any additional agricultural or forest product, 
                whether unprocessed or processed, including paper and 
                packaging products and food and beverage products.
                                 <all>