[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7354 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7354
To reduce the incidence of death by underride by enhancing underride
protection on trailers, semitrailers, and single unit trucks, which
will result in more survivable truck crashes, to improve motor carrier,
passenger motor vehicle, and Vulnerable Road User safety, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2026
Mr. Cohen (for himself, Mr. DeSaulnier, and Ms. Ross) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To reduce the incidence of death by underride by enhancing underride
protection on trailers, semitrailers, and single unit trucks, which
will result in more survivable truck crashes, to improve motor carrier,
passenger motor vehicle, and Vulnerable Road User 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 2.0''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) underride crashes involving passenger motor vehicles or
Vulnerable Road Users, including motorcyclists, striking and
traveling underneath a truck or trailer are a significant
public health and safety threat;
(2) the Advisory Committee on Underride Protection
established under section 23011(d)(1) of the Infrastructure
Investment and Jobs Act (49 U.S.C. 30111 note; Public Law 117-
58) has reported that, since the formation of the National
Highway Traffic Safety Administration over 50 years ago,
``25,100 underrides and 31,500 corresponding fatalities from
side underride, rear underride, and front underride crashes''
have occurred and concluded that ``no substantial progress has
been made by DOT to prevent these horrific crash fatalities and
injuries'';
(3) the National Transportation Safety Board has
recommended the installation of rear underride guards, side
underride guards, and front underride guards on tractor-
trailers and rear underride guards and side underride guards on
single unit trucks to improve Vulnerable Road User and
passenger motor vehicle safety; and
(4) this Act is introduced in memory of the thousands of
victims of underride crashes, including--
(A) Roya Christine Sadigh, AnnaLeah Karth, Mary
Lydia Karth, Sylvia Bingham, 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, Riley Hein, Erin Alexander, Jordan
Hensley, Edward Hall, Leslie Rosenberg, Sophie
Rosenberg, Ally Davis, Robin Hightman, Alex Wolf, Devyn
Killion, Dustin Bosch, Ronald Alleman, Ashley Marie
(Walker) Ramirez, Minh-Thi Nguyen, and Melissa
``Missy'' De Leon;
(B) those whose catastrophic injuries dramatically
changed their lives, including Julie Magnan, Nancy
Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage
Bomgaars, and Michael B. Hawkins; and
(C) those whose precious lives were cut far too
short as a result of preventable underride crashes.
(b) Purposes.--The purposes of this Act are--
(1) to reduce the number of preventable deaths and injuries
caused by underride crashes;
(2) to ensure the efficacy of comprehensive underride
protection systems on roads in the United States; and
(3) to improve Vulnerable Road User, motor carrier, and
passenger motor vehicle safety.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31132 of
title 49, United States Code.
(2) Comprehensive underride protection system.--The term
``comprehensive underride protection system'' means all of the
front underride guards, rear underride guards, or side
underride guards, as applicable, installed on a commercial
motor vehicle.
(3) Front underride guard.--The term ``front underride
guard'' means a device installed on or near the front of a
commercial motor vehicle that prevents or limits the distance
that a vehicle struck by the commercial motor vehicle with the
device will slide under the front of the striking commercial
motor vehicle.
(4) Rear underride guard.--The term ``rear underride
guard'' has the meaning given the term ``rear impact guard'' in
section 571.223 of title 49, Code of Federal Regulations (or a
successor regulation).
(5) Title 49 terms.--The terms ``passenger motor vehicle'',
``semitrailer'', ``side underride guard'', ``single unit
truck'', ``trailer'', and ``Vulnerable Road User'' have the
meanings given those terms in section 30102(a) of title 49,
United States Code.
SEC. 4. AMENDMENTS TO TITLE 49 DEFINITIONS.
(a) In General.--Section 30102(a) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (11), (12), and (13) as
paragraphs (12), (17), and (19), respectively;
(2) by inserting after paragraph (10) the following:
``(11) `passenger motor vehicle' has the meaning given the
term in section 32101.'';
(3) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) `Secretary' means the Secretary of Transportation.
``(14) `semitrailer' has the meaning given the term in
section 571.3(b) of title 49, Code of Federal Regulations (or a
successor regulation).
``(15) `side underride guard' means a device installed on
or near the side of a trailer, semitrailer, or single unit
truck that prevents or limits--
``(A) the distance that the front end of a vehicle
striking the side of the trailer, semitrailer, or
single unit truck with the device will slide under the
side of the impacted trailer, semitrailer, or single
unit truck; and
``(B) prevents Vulnerable Road Users from sliding
under the trailer, semitrailer, or single unit truck
with the device.
``(16) `single unit truck' means a large commercial truck
(excluding any attached trailer).'';
(4) by inserting after paragraph (17) (as so redesignated)
the following:
``(18) `trailer' has the meaning given the term in section
571.3(b) of title 49, Code of Federal Regulations (or a
successor regulation).''; and
(5) by inserting after paragraph (19) (as so redesignated)
the following:
``(20) `Vulnerable Road User' has the meaning given the
term `vulnerable road user' in section 148(a) of title 23.''.
(b) Technical Amendments.--Section 30102(a) of title 49, United
States Code (as amended by subsection (a)), is amended--
(1) in each of paragraphs (1) through (18), by striking the
period at the end and inserting a semicolon; and
(2) in paragraph (19), by striking the period at the end
and inserting ``; and''.
SEC. 5. 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. 30130. Side underride guards for trailers, semitrailers, and
single unit trucks
``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall finalize
regulations that prescribe new or updated motor vehicle safety
standards that meet the performance standard described in
paragraph (2), including by requiring the installation of side
underride guards that meet that performance standard on new
trailers, semitrailers, and single unit trucks.
``(2) Performance standard described.--The performance
standard referred to in paragraphs (1) and (3)(B)(i) is that
side underride guards shall--
``(A) prevent intrusion into the occupant survival
space of a passenger motor vehicle when the passenger
motor vehicle is struck, or strikes, perpendicular to a
trailer, semitrailer, or single unit truck at any
closing speed up to and including 40 miles per hour;
``(B) impede a Vulnerable Road User from passing
underneath a trailer, semitrailer, or single unit truck
in an interaction along the side of the trailer,
semitrailer, or single unit truck; and
``(C) contribute to fuel efficiency through the
integration of aerodynamic design or components
furthering fuel efficiency.
``(3) Cost-benefit analyses.--In finalizing regulations
under paragraph (1), the Secretary shall consider and calculate
in any cost-benefit analysis--
``(A) the number of deaths and injuries among
passenger motor vehicle occupants and Vulnerable Road
Users prevented as a result of those regulations; and
``(B) net fuel savings, which shall be equal to the
difference between--
``(i) the cost of fuel expected to be
consumed by applicable motor vehicles as a
result of the adoption of the performance
standard described in paragraph (2); and
``(ii) the cost of fuel estimated to be
consumed by applicable motor vehicles at the
existing rate of voluntary adoption of
aerodynamic side skirts without side underride
guards as of the date on which those
regulations are finalized.
``(b) Compliance.--The regulations finalized under subsection (a)
shall require full compliance with the new or updated motor vehicle
safety standards prescribed under that subsection not later than 2
years after the date on which those regulations are finalized.
``(c) Review of Regulations.--Beginning not later than 5 years
after the date on which regulations are finalized under subsection (a),
and not less frequently than once every 5 years thereafter, the
Secretary shall determine whether any update to the motor vehicle
safety standards prescribed under that subsection is necessary to
better prevent fatalities caused by underride crashes and improve
roadway safety.''.
(b) Clarification.--If the Secretary of Transportation withdraws
the advanced notice of proposed rulemaking of the National Highway
Traffic Safety Administration entitled ``Side Underride Guards'' (88
Fed. Reg. 24535 (April 21, 2023)) before the Secretary of
Transportation finalizes regulations in accordance with section
30130(a)(1) of title 49, United States Code (as added by subsection
(a)), that withdrawal shall not affect the requirement to finalize
regulations in accordance with that section.
(c) Clerical Amendments.--The analysis for chapter 301 of title 49,
United States Code, is amended--
(1) by striking the item relating to section 30128 and
inserting the following:
``30128. Vehicle rollover prevention and crash mitigation.'';
and
(2) by inserting after the item relating to section 30129
the following:
``30130. Side underride guards for trailers, semitrailers, and single
unit trucks.''.
SEC. 6. ADVISORY COMMITTEE ON UNDERRIDE PROTECTION.
(a) Reconvening of Advisory Committee.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Transportation shall reconvene the Advisory Committee on Underride
Protection established under subsection (d)(1) of section 23011 of the
Infrastructure Investment and Jobs Act (49 U.S.C. 30111 note; Public
Law 117-58) in accordance with the requirements of that section.
(b) Amendments.--Section 23011(d) of the Infrastructure Investment
and Jobs Act (49 U.S.C. 30111 note; Public Law 117-58) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``20'' and inserting ``22'';
and
(B) in subparagraph (B)--
(i) by striking clause (ix);
(ii) by redesignating clause (x) as clause
(ix); and
(iii) by adding at the end the following:
``(x) Families of underride crash victims
who were occupants of a passenger motor
vehicle.
``(xi) Families of underride crash victims
who were Vulnerable Road Users (as defined in
section 30102(a) of title 49, United States
Code).'';
(2) in paragraph (4), by striking ``meet not less
frequently than annually'' and inserting the following:
``meet--
``(A) until final regulations have been promulgated
under section 30130(a) of title 49, United States
Code--
``(i) monthly, via conference call or a
virtual meeting platform; and
``(ii) annually, in person, at the
Department of Transportation headquarters; and
``(B) subsequent to the issuance of the final
regulations described in subparagraph (A), not less
frequently than annually, in person, at the Department
of Transportation headquarters, to assess the status of
underride crash protection.'';
(3) in paragraph (5), by inserting ``including deliberative
materials,'' after ``information,'';
(4) in paragraph (6), in the matter preceding subparagraph
(A), by striking ``a biennial'' and inserting ``an annual'';
and
(5) by adding at the end the following:
``(7) Termination date.--Notwithstanding chapter 10 of
title 5, United States Code, the Committee shall terminate on
September 30, 2031.''.
SEC. 7. PUBLICATION OF UNDERRIDE RESEARCH, REPORTS, AND
RECOMMENDATIONS.
(a) In General.--The Secretary of Transportation (referred to in
this section as the ``Secretary'') shall publish a publicly accessible
website to provide the industry, researchers, advocates, and the public
with a repository of underride resources, including--
(1) research conducted or contracted by the Department of
Transportation (referred to in this section as the
``Department'') on rear underride guards or other rear impact
guards;
(2) research conducted or contracted by the Department on
side underride guards or other side impact guards;
(3) research conducted or contracted by the Department on
front underride guards or other front impact guards;
(4) a link to the database for the Advisory Committee on
Underride Protection established under section 23011(d)(1) of
the Infrastructure Investment and Jobs Act (49 U.S.C. 30111
note; Public Law 117-58), which shall be updated in a timely
manner;
(5) information and links relating to all underride
rulemakings of the Department;
(6) stories of victims of underride crashes; and
(7) documentation of past and ongoing data collection
relating to underride crashes.
(b) Updates.--The Secretary shall update the resources described in
subsection (a) not less frequently than quarterly.
SEC. 8. NASEM AND GAO STUDIES.
(a) NASEM Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (referred to in this
subsection as the ``National Academies'') under which the
National Academies shall conduct a study on the prevalence of
crashes involving the front of large trucks, including the
threat of those crashes on Vulnerable Road Users.
(2) Report.--Not later than 180 days after the date on
which the National Academies completes the study required under
paragraph (1), the National Academies shall submit to Congress
a report on the results of the study, which shall include--
(A) recommendations on--
(i) how to better prevent crashes where the
front of large trucks contacts a passenger
motor vehicle in a manner that causes the
passenger motor vehicle to slide under the
large truck; and
(ii) how to prevent deaths resulting from
those crashes;
(B) a description of the efficacy of preventative
or protective devices on commercial motor vehicles,
such as front override guards, in preventing deaths
resulting from those crashes; and
(C) statistics, since 2010, describing the
prevalence of fatal and non-fatal crashes described in
subparagraph (A)(i), including rear underride and side
underride crashes, which shall include--
(i) the type, make, and model of vehicles
involved in those crashes;
(ii) the types of roads on which those
crashes have occurred; and
(iii) the number of fatalities that
occurred as a result of those crashes.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this subsection as the ``Comptroller
General'') shall conduct a study on the implementation of the
final rule of the National Highway Traffic Safety
Administration entitled ``Federal Motor Vehicle Safety
Standards; Rear Impact Guards, Rear Impact Protection'' (87
Fed. Reg. 42339 (July 15, 2022)).
(2) Report.--Not later than 180 days after the date on
which the Comptroller General completes the study required
under paragraph (1), the Comptroller General shall submit to
the Secretary of Transportation and Congress a report on the
results of the study, which shall include--
(A) an analysis of the implementation of the final
rule described in that paragraph;
(B) if applicable, recommendations to the
Department of Transportation describing improvements to
that final rule or its implementation; and
(C) recommendations to Congress and the Department
of Transportation on how to better prevent underrides
in crashes occurring at the rear of trailers,
semitrailers, and single unit trucks.
SEC. 9. FARS REVIEW; WEB-BASED TRAINING FOR STATE AND LOCAL LAW
ENFORCEMENT.
(a) FARS Review.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the National Highway Traffic Safety
Administration (referred to in this section as the ``Administrator'')
shall conduct a review of the Fatality Analysis Reporting System of the
National Highway Traffic Safety Administration to determine--
(1) the number of fatalities in crashes reported as an
underride crash by State or local law enforcement;
(2) the number of fatalities in crashes that were not
reported as an underride crash by State or local law
enforcement but should have been reported as an underride
crash, as determined by the Administrator after reviewing, with
respect to each such crash--
(A) the initial point of impact of the crash, if
the crash is a fatal crash involving a large truck;
(B) the Crash Investigation Sampling System of the
National Highway Traffic Safety Administration;
(C) open-source media reports with documented photo
evidence of an underride occurrence; and
(D) any other data and documentation, as determined
appropriate by the Administrator; and
(3) recommendations that would improve incident reporting
by State and local law enforcement.
(b) Web-Based Training.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall develop free on-demand,
web-based training for State and local law enforcement on how to
properly identify and document underride crashes.
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