[House Report 117-622]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       117-622

======================================================================



 
                  TRUCK PARKING SAFETY IMPROVEMENT ACT

                                _______
                                

 December 13, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2187]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2187) to amend title 23, United 
States Code, to direct the Secretary of Transportation to set 
aside certain funds to provide parking for commercial motor 
vehicles on the Federal-aid highway system, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Legislative History and Consideration............................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     7
Performance Goals and Objectives.................................     8
Duplication of Federal Programs..................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     8
Federal Mandates Statement.......................................     8
Preemption Clarification.........................................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Truck Parking Safety Improvement 
Act''.

SEC. 2. 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.

SEC. 3. PARKING FOR COMMERCIAL MOTOR VEHICLES.

  (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 177. 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 
                truck stop electrification systems, as defined in 
                section 101(a), 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.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding after the item relating to 
section 176 the following:

``177. Parking for commercial motor vehicles.''.

SEC. 4. 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. 5. PROHIBITION ON USE OF FUNDS.

  None of the funds made available to carry out the Truck Parking 
Safety Improvement Act, or the amendments made by such Act, may be used 
for electric vehicle or electric truck charging.

                         Purpose of Legislation

    The purpose of H.R. 2187, as amended, is to authorize 
dedicated investment for additional truck parking capacity.

                  Background and Need for Legislation

    A shortage of available parking remains a significant 
challenge for professional truck drivers. The U.S. Department 
of Transportation's (DOT) most recent Jason's Law Commercial 
Motor Vehicle Parking Survey and Comparative Analysis, 
completed in 2020 by the Federal Highway Administration, 
documented parking shortages in nearly every state. This 
analysis further identified nationwide shortages as more acute 
since the agency's previous survey in 2015 and found that 98 
percent of drivers reported problems finding safe parking.\1\
---------------------------------------------------------------------------
    \1\Jason's Law Truck Parking Survey Results and Comparative 
Analysis, Federal Highway Administration (March 11, 2020), available at 
https://ops.fhwa.dot.gov/freight/infrastructure/truck_lparking/
jasons_law/truckparkingsurvey/ch1.htm.
---------------------------------------------------------------------------
    Difficulty in finding a safe place to park can cause 
serious safety concerns. For example, in April 2020, the Texas 
Department of Transportation released its Texas Statewide Truck 
Parking Study which found that, between 2013 and 2017, there 
were more than 2,300 crashes involving parked trucks, resulting 
in 138 fatalities.\2\
---------------------------------------------------------------------------
    \2\Texas Department of Transportation, Texas Statewide Truck 
Parking Study 10 (2020), available at https://ftp.txdot.gov/pub/txdot/
move-texas-freight/studies/truck-parking/final-report.pdf.
---------------------------------------------------------------------------
    The unpredictable nature of finding a parking space means 
that truck drivers waste productive time looking for a spot or 
stopping earlier than necessary to take an available space. A 
2016 study by the American Transportation Research Institute 
found that on average, truck drivers lose 56 minutes of 
available drive time per day either looking for suitable 
parking or stopping earlier than they need to due to lack of 
parking closer to their endpoint for the day.\3\ This wasted 
time exacerbates ongoing supply chain problems.
---------------------------------------------------------------------------
    \3\Industry and Labor Perspectives: A Further Look at North 
American Supply Chain Challenges: Hearing Before the U.S. H. Comm. on 
Transp. and Infrastructure, 117-35 (2021) (statement of Chris Spear, 
President and CEO of the American Trucking Associations), available at 
https://transportation.house.gov/imo/media/doc/2021-11-
17%20Hearing%20Testimony%20-%20Chris%20Spear.pdf.
---------------------------------------------------------------------------
    States can currently use their formula funding provided by 
the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58) 
for truck parking under the following programs: the Surface 
Transportation Block Grant (STBG) program, the National Highway 
Freight Program (NHFP), the Highway Safety Improvement Program 
(HSIP), the National Highway Performance Program (NHPP), and 
the Congestion Mitigation and Air Quality Improvement (CMAQ) 
program.\4\ Truck parking is also eligible under various IIJA 
discretionary grants, such as the fiscal year 2022 Rebuilding 
American Infrastructure with Sustainability and Equity (RAISE) 
grant program and the combined Multimodal Project Discretionary 
Grant Notice of Funding Opportunity, which covers the 
Nationally Significant Multimodal Freight and Highways Projects 
(INFRA), National Infrastructure Project Assistance (MEGA), and 
Rural Surface Transportation (Rural) grant programs. However, 
there is no dedicated funding available for truck parking 
projects.\5\ The House-passed ``INVEST in America Act'' (H.R. 
3684) included $1 billion in dedicated funding for truck 
parking, but this funding was not included in the IIJA.
---------------------------------------------------------------------------
    \4\Implementation of the Infrastructure and Jobs Act by the U.S. 
Department of Transportation: Hearing Before U.S. S. Comm. on Env't and 
Pub. Works, (2022) (testimony of Pete Buttigieg, U.S. Secretary of 
Transportation), available at  https://www.epw.senate.gov/public/
index.cfm/2022/3/bipartisan-infrastructure-law-implementation.
    \5\Id.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearings were used to develop or 
consider H.R. 2187:
    On November 17, 2021, the Committee held a hearing titled 
``Industry and Labor Perspectives: A Further Look at North 
American Supply Chain Challenges.'' The Committee received 
testimony from Mr. Mario Cordero, Executive Director, Port of 
Long Beach, on behalf of the American Association of Port 
Authorities; Mr. Chris Spear, President and Chief Executive 
Officer, American Trucking Associations; Mr. Ian Jefferies, 
President and Chief Executive Officer, Association of American 
Railroads; Ms. Anne Reinke, President and Chief Executive 
Officer, Transportation Intermediaries Association; Mr. David 
Correll, Lecturer, Massachusetts Institute of Technology Center 
for Transportation and Logistics; and Mr. Greg Regan, 
President, Transportation Trades Department, AFL CIO.
    On March 25, 2021, the Committee held a hearing titled 
``The Administration's Priorities for Transportation 
Infrastructure.'' The Committee received testimony from the 
Hon. Pete Buttigieg, Secretary, Department of Transportation.
    On July 19, 2022, the Committee held a hearing titled 
``Implementing the Infrastructure Investment and Jobs Act.'' 
The Committee received testimony from the Hon. Pete Buttigieg, 
Secretary, Department of Transportation.

                 Legislative History and Consideration

    H.R. 2187, the ``Truck Parking Safety Improvement Act,'' 
was introduced in the House on March 26, 2021, by Mr. Bost, Ms. 
Craig, Mr. Johnson of South Dakota, Mr. Garamendi, Mr. Stauber, 
and Ms. Wild and referred to the Committee on Transportation 
and Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 2187 was referred to the Subcommittee on 
Highways and Transit.
    The Subcommittee on Highways and Transit was discharged 
from further consideration of H.R. 2187 on July 20, 2022.
    The Committee considered H.R. 2187 on July 20, 2022, and 
ordered the measure to be favorably reported to the House, as 
amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 2187 
offered by Mr. Bost was AGREED TO, as amended, by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2187 offered by Mr. Perry (#1); was NOT AGREED TO by 
voice vote.
    Page 6, line 16, strike ``Safety,'' and insert ``safety 
and''. Page 6, line 17, strike ``, and air quality''.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2187 offered by Mr. Perry (#2); was AGREED TO by voice 
vote.
    Page 4, line 19, strike ``advanced''. Page 4, line 20, 
insert ``, as defined in section 101(a) of title 23, United 
States Code,'' before ``and other improvements'''. Page 9, 
after line 22, insert the following: Sec. 5. Prohibition on Use 
of Funds; None of the funds made available to carry out the 
Truck Parking Safety Improvement Act, or the amendments made by 
such Act, may be used for electric vehicle or electric vehicle 
charging.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested during consideration of 
H.R. 2187.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2187 from the 
Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 22, 2022.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2187, the Truck 
Parking Safety Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 2187 would authorize the appropriation of specific 
amounts, totaling $755 million over the 2023-2026 period, for 
the Department of Transportation (DOT) to provide competitive 
grants to build or improve public parking facilities for 
commercial motor vehicles.
    Using historical spending patterns for similar 
transportation grants, CBO estimates that implementing the bill 
would cost $470 million over the 2022-2027 period and $285 
million after 2027, assuming appropriation of the authorized 
amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 400 (transportation).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2187
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2022     2023     2024     2025     2026     2027   2022-2027
----------------------------------------------------------------------------------------------------------------
Authorization..................................        0      175      185      195      200        0       755
Estimated Outlays..............................        0        0       18      115      155      182       470
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
authorize dedicated funding for additional truck parking 
capacity.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 2187, as amended, establishes or reauthorizes a program 
of the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 2187, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section lists the short title of the bill as the 
``Truck Parking Safety Improvement Act''.

Sec. 2. Sense of Congress

    This section provides that it is the sense of Congress that 
addressing the shortage of truck parking should be a national 
priority.

Sec. 3. Parking for commercial motor vehicles

    Subsection (a) establishes a new commercial motor vehicle 
parking grant program codified in 23 U.S.C. 177. The Secretary 
of Transportation (Secretary) is authorized to make grants, on 
a competitive basis, to eligible entities for projects to 
provide commercial motor vehicle parking and to improve the 
safety of commercial motor vehicle operators.
    Eligible projects may be on a Federal-aid highway or on a 
facility with reasonable access to a Federal-aid highway or a 
freight facility, and include: construction of safety rest 
areas and other commercial motor vehicle parking capacity; 
opening of or improvements to existing facilities in order to 
expand available truck parking; promoting or managing the 
availability of available truck parking, such as through the 
use of intelligent transportation systems (limited to ten 
percent of grant funds in each fiscal year); and safety 
improvements and other improvements, including truck stop 
electrification as defined under 23 U.S.C. 101, as part of a 
project to construct additional parking capacity. Parking 
constructed or opened with a grant must be open and accessible 
to all commercial motor vehicle operators.
    Subsection (h) directs the Secretary, when selecting 
projects, to give priority to applications that demonstrate: a 
shortage of commercial motor vehicle parking capacity in the 
corridor in which the project is located; consultation with 
various listed entities; that the project will likely increase 
the available parking, facilitate efficient freight movement, 
and improve highway safety, traffic congestion, and air 
quality; and the ability of the applicant to operate and 
maintain the facility.
    Grants will be made available at up to 100 percent federal 
share, and eligible applicants must agree that no fees will be 
charged at a facility constructed with funds provided under the 
program.
    This section also requires an analysis and report to be 
conducted within 18 months of enactment, and then bi-annually, 
by the Secretary on truck parking needs, availability, and 
capacity improvements. The Secretary is directed to make the 
reports available to the public on a DOT website, and to 
consider aligning reporting requirements under this section 
with the requirements of section 70202 of title 49.

Sec. 4. Authorization of appropriations

    This section authorizes a total of $755 million from the 
general fund for fiscal years 2023-2026 for commercial motor 
vehicle parking.

Sec. 5. Prohibition on the use of funds

    This section prohibits funds made available to carry out 
the Truck Parking Safety Improvement Act, or amendments made to 
the Truck Parking Safety Improvement Act, from being used for 
electric vehicle or electric truck charging. The Committee does 
not intend for this provision to prohibit funding provided 
under the Truck Parking Safety Improvement Act for truck stop 
electrification system as defined under 23 U.S.C. 101, nor does 
the Committee intend the prohibition to apply to or affect any 
other funds made available to carry out title 23 programs or 
other appropriated highway programs for which electric vehicle 
or electric truck charging is an eligible use.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 23, UNITED STATES CODE



           *       *       *       *       *       *       *
                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.
101 Definitions and declaration of policy.
     * * * * * * *
177. Parking for commercial motor vehicles.

           *       *       *       *       *       *       *


Sec. 177. 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 truck stop electrification systems, as 
                defined in section 101(a), 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.

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