,,ii #aaith ,,congress #b;d ,session ,s4 #cgge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjbf ,mrs4 ,gillibrand 7for herself1 ,mr4 ,lujn1 ,mr4 ,blumenthal1 ,mr4 ,van ,hollen1 ,ms4 ,duckworth1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reduce the incidence of death by underride by enhancing underride protection on trailers1 semitrailers1 and single unit trucks1 which will result in more survivable truck crashes1 to improve motor carrier1 passenger motor vehicle1 and ,vulnerable ,road ,user safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,underrides ,act #b4j4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 underride crashes involving passenger motor vehicles or ,vulnerable ,road ,users1 including motorcyclists1 striking and traveling underneath a truck or trailer are a significant public health and safety threat2 7#b7 the ,advisory ,committee on ,underride ,protection established under section #bcjaa7;d77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#di ,u4,s4,c4 #cjaaa note2 ,public ,law #aag-eh7 has reported that1 since the formation of the ,national ,highway ,traffic ,safety ,administration over #ej years ago1 #be1ajj underrides and #ca1ejj corresponding fatalities from side underride1 rear underride1 and front underride crashes have occurred and concluded that no substantial progress has been made by ,,dot to prevent these horrific crash fatalities and injuries2 7#c7 the ,national ,transportation ,safety ,board has recommended the installation of rear underride guards1 side underride guards1 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 safety2 and 7#d7 this ,act is introduced in memory of the thousands of victims of underride crashes1 including-- 7,a7 ,roya ,christine ,sadigh1 ,anna,leah ,karth1 ,mary ,lydia ,karth1 ,sylvia ,bingham1 ,roderick ,cota1 ,moonjohn ,kim1 ,corey ,moore1 ,gregg ,williams1 ,guy ,champ ,crawford1 ,carl ,hall1 ,michael ,higginbotham1 ,sandra ,maddamma1 ,david ,mathis1 ,mary ,katherine ,mathis1 ,james ,mooney1 ,christopher ,weigl1 ,bill ,zink1 ,david ,magnan1 ,jasen ,swift1 ,samuel ,sierra1 ,brittany ,mc,hargue1 ,christopher ,samuel ,padilla1 ,riley ,hein1 ,erin ,alexander1 ,jordan ,hensley1 ,edward ,hall1 ,leslie ,rosenberg1 ,sophie ,rosenberg1 ,ally ,davis1 ,robin ,hightman1 ,alex ,wolf1 ,devyn ,killion1 ,dustin ,bosch1 ,ronald ,alleman1 ,ashley ,marie 7,walker7 ,ramirez1 ,minh-,thi ,nguyen1 ,melissa ,missy ,de ,leon1 ,mark ,roderick1 ,karen ,bucklew1 and ,tommy ,yaqub2 7,b7 those whose catastrophic injuries dramatically changed their lives1 including ,julie ,magnan1 ,nancy ,meuleners1 ,joshua ,rojas1 ,maiv ,yang1 ,anita ,plantage ,bomgaars1 ,michael ,b4 ,hawkins1 ,roosevelt ,smith1 and ,robert ,eshbaugh2 and 7,c7 those whose precious lives were cut far too short as a result of preventable underride crashes4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to reduce the number of preventable deaths and injuries caused by underride crashes2 7#b7 to ensure the efficacy of comprehensive underride protection systems on roads in the ,united ,states2 and 7#c7 to improve ,vulnerable ,road ,user1 motor carrier1 and passenger motor vehicle safety4 #c4 ,definitions ,in this ,act3 7#a7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given the term in section #caacb of title #di1 ,united ,states ,code4 7#b7 ,comprehensive underride protection system ,the term comprehensive underride protection system means all of the front underride guards1 rear underride guards1 or side underride guards1 as applicable1 installed on a commercial motor vehicle4 7#c7 ,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 vehicle4 7#d7 ,rear underride guard ,the term rear underride guard has the meaning given the term rear impact guard in section #ega4bbc of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 7#e7 ,title #di terms ,the terms passenger motor vehicle1 semitrailer1 side underride guard1 single unit truck1 trailer1 and ,vulnerable ,road ,user have the meanings given those terms in section #cjajb7;a7 of title #di1 ,united ,states ,code4 #d4 ,amendments to title #di definitions 7a7 ,in general ,section #cjajb7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#ab71 7#ag71 and 7#ai71 respectively2 7#b7 by inserting after paragraph 7#aj7 the following3 7#aa7 passenger motor vehicle has the meaning given the term in section #cbaja4 2 7#c7 by inserting after paragraph 7#ab7 7as so redesignated7 the following3 7#ac7 ,secretary means the ,secretary of ,transportation4 7#ad7 semitrailer has the meaning given the term in section #ega4c7;b7 of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 7#ae7 side underride guard means a device installed on or near the side of a trailer1 semitrailer1 or single unit truck that prevents or limits-- 7,a7 the distance that the front end of a vehicle striking the side of the trailer1 semitrailer1 or single unit truck with the device will slide under the side of the impacted trailer1 semitrailer1 or single unit truck2 and 7,b7 prevents ,vulnerable ,road ,users from sliding under the trailer1 semitrailer1 or single unit truck with the device4 7#af7 single unit truck means a large commercial truck 7excluding any attached trailer74 2 7#d7 by inserting after paragraph 7#ag7 7as so redesignated7 the following3 7#ah7 trailer has the meaning given the term in section #ega4c7;b7 of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 2 and 7#e7 by inserting after paragraph 7#ai7 7as so redesignated7 the following3 7#bj7 ,vulnerable ,road ,user has the meaning given the term vulnerable road user in section #adh7;a7 of title #bc4 4 7b7 ,technical amendments ,section #cjajb7;a7 of title #di1 ,united ,states ,code 7as amended by subsection 7a771 is amended-- 7#a7 in each of paragraphs 7#a7 through 7#ah71 by striking the period at the end and inserting a semicolon2 and 7#b7 in paragraph 7#ai71 by striking the period at the end and inserting 2 and4 #e4 ,underride guard rulemaking 7a7 ,in general ,subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjacj4 ,side underride guards for trailers1 semitrailers1 and single unit trucks 7a7 ,rulemaking 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall finalize regulations that prescribe new or updated motor vehicle safety standards that meet the performance standard described in paragraph 7#b71 including by requiring the installation of side underride guards that meet that performance standard on new trailers1 semitrailers1 and single unit trucks4 7#b7 ,performance standard described ,the performance standard referred to in paragraphs 7#a7 and 7#c77;,b77i7 is that side underride guards shall-- 7,a7 prevent intrusion into the occupant survival space of a passenger motor vehicle when the passenger motor vehicle is struck1 or strikes1 perpendicular to a trailer1 semitrailer1 or single unit truck at any closing speed up to and including #dj miles per hour2 7,b7 impede a ,vulnerable ,road ,user from passing underneath a trailer1 semitrailer1 or single unit truck in an interaction along the side of the trailer1 semitrailer1 or single unit truck2 and 7,c7 contribute to fuel efficiency through the integration of aerodynamic design or components furthering fuel efficiency4 7#c7 ,cost-benefit analyses ,in finalizing regulations under paragraph 7#a71 the ,secretary shall consider and calculate in any cost-benefit analysis-- 7,a7 the number of deaths and injuries among passenger motor vehicle occupants and ,vulnerable ,road ,users prevented as a result of those regulations2 and 7,b7 net fuel savings1 which shall be equal to the difference between-- 7i7 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 7#b72 and 7ii7 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 finalized4 7b7 ,compliance ,the regulations finalized under subsection 7a7 shall require full compliance with the new or updated motor vehicle safety standards prescribed under that subsection not later than #b years after the date on which those regulations are finalized4 7c7 ,review of regulations ,beginning not later than #e years after the date on which regulations are finalized under subsection 7a71 and not less frequently than once every #e years thereafter1 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 safety4 4 7b7 ,clarification ,if the ,secretary of ,transportation withdraws the advanced notice of proposed rulemaking of the ,national ,highway ,traffic ,safety ,administration entitled ,side ,underride ,guards 7#hh ,fed4 ,reg4 #bdece 7,april #ba1 #bjbc77 before the ,secretary of ,transportation finalizes regulations in accordance with section #cjacj7;a77#a7 of title #di1 ,united ,states ,code 7as added by subsection 7a771 that withdrawal shall not affect the requirement to finalize regulations in accordance with that section4 7c7 ,clerical amendments ,the analysis for chapter #cja of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #cjabh and inserting the following3 #cjabh4 ,vehicle rollover prevention and crash mitigation4 2 and 7#b7 by inserting after the item relating to section #cjabi the following3 #cjacj4 ,side underride guards for trailers1 semitrailers1 and single unit trucks4 4 #f4 ,advisory ,committee on ,underride ,protection 7a7 ,reconvening of advisory committee ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall reconvene the ,advisory ,committee on ,underride ,protection established under subsection 7d77#a7 of section #bcjaa of the ,infrastructure ,investment and ,jobs ,act 7#di ,u4,s4,c4 #cjaaa note2 ,public ,law #aag-eh7 in accordance with the requirements of that section4 7b7 ,amendments ,section #bcjaa7;d7 of the ,infrastructure ,investment and ,jobs ,act 7#di ,u4,s4,c4 #cjaaa note2 ,public ,law #aag-eh7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking #bj and inserting #bb2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking clause 7ix72 7ii7 by redesignating clause 7x7 as clause 7ix72 and 7iii7 by adding at the end the following3 7x7 ,families of underride crash victims who were occupants of a passenger motor vehicle4 7xi7 ,families of underride crash victims who were ,vulnerable ,road ,users 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code74 2 7#b7 in paragraph 7#d71 by striking meet not less frequently than annually and inserting the following3 8meet-- 7,a7 until final regulations have been promulgated under section #cjacj7;a7 of title #di1 ,united ,states ,code-- 7i7 monthly1 via conference call or a virtual meeting platform2 and 7ii7 annually1 in person1 at the ,department of ,transportation headquarters2 and 7,b7 subsequent to the issuance of the final regulations described in subparagraph 7,a71 not less frequently than annually1 in person1 at the ,department of ,transportation headquarters1 to assess the status of underride crash protection4 2 7#c7 in paragraph 7#e71 by inserting including deliberative materials1 after information12 7#d7 in paragraph 7#f71 in the matter preceding subparagraph 7,a71 by striking a biennial and inserting an annual2 and 7#e7 by adding at the end the following3 7#g7 ,termination date ,notwithstanding chapter #aj of title #e1 ,united ,states ,code1 the ,committee shall terminate on ,september #cj1 #bjca4 4 #g4 ,publication of underride research1 reports1 and recommendations 7a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall publish a publicly accessible website to provide the industry1 researchers1 advocates1 and the public with a repository of underride resources1 including-- 7#a7 research conducted or contracted by the ,department of ,transportation 7referred to in this section as the ,department7 on rear underride guards or other rear impact guards2 7#b7 research conducted or contracted by the ,department on side underride guards or other side impact guards2 7#c7 research conducted or contracted by the ,department on front underride guards or other front impact guards2 7#d7 a link to the database for the ,advisory ,committee on ,underride ,protection established under section #bcjaa7;d77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#di ,u4,s4,c4 #cjaaa note2 ,public ,law #aag-eh71 which shall be updated in a timely manner2 7#e7 information and links relating to all underride rulemakings of the ,department2 7#f7 stories of victims of underride crashes2 and 7#g7 documentation of past and ongoing data collection relating to underride crashes4 7b7 ,updates ,the ,secretary shall update the resources described in subsection 7a7 not less frequently than quarterly4 #h4 ,,nasem and ,,gao studies 7a7 ,,nasem study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this subsection as the ,national ,academies7 under which the ,national ,academies shall conduct a study on the prevalence of crashes involving the front of large trucks1 including the threat of those crashes on ,vulnerable ,road ,users4 7#b7 ,report ,not later than #ahj days after the date on which the ,national ,academies completes the study required under paragraph 7#a71 the ,national ,academies shall submit to ,congress a report on the results of the study1 which shall include-- 7,a7 recommendations on-- 7i7 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 truck2 and 7ii7 how to prevent deaths resulting from those crashes2 7,b7 a description of the efficacy of preventative or protective devices on commercial motor vehicles1 such as front override guards1 in preventing deaths resulting from those crashes2 and 7,c7 statistics1 since #bjaj1 describing the prevalence of fatal and non-fatal crashes described in subparagraph 7,a77i71 including rear underride and side underride crashes1 which shall include-- 7i7 the type1 make1 and model of vehicles involved in those crashes2 7ii7 the types of roads on which those crashes have occurred2 and 7iii7 the number of fatalities that occurred as a result of those crashes4 7b7 ,,gao study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states 7referred to in this subsection as the ,comptroller ,general7 shall conduct a study on the implementation of the final rule of the ,national ,highway ,traffic ,safety ,administration entitled ,federal ,motor ,vehicle ,safety ,standards2 ,rear ,impact ,guards1 ,rear ,impact ,protection 7#hg ,fed4 ,reg4 #dbcci 7,july #ae1 #bjbb774 7#b7 ,report ,not later than #ahj days after the date on which the ,comptroller ,general completes the study required under paragraph 7#a71 the ,comptroller ,general shall submit to the ,secretary of ,transportation and ,congress a report on the results of the study1 which shall include-- 7,a7 an analysis of the implementation of the final rule described in that paragraph2 7,b7 if applicable1 recommendations to the ,department of ,transportation describing improvements to that final rule or its implementation2 and 7,c7 recommendations to ,congress and the ,department of ,transportation on how to better prevent underrides in crashes occurring at the rear of trailers1 semitrailers1 and single unit trucks4 #i4 ,,fars review2 web-based training for ,state and local law enforcement 7a7 ,,fars review ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration 7referred to in this section as the ,administrator7 shall conduct a review of the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration to determine-- 7#a7 the number of fatalities in crashes reported as an underride crash by ,state or local law enforcement2 7#b7 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 crash1 as determined by the ,administrator after reviewing1 with respect to each such crash-- 7,a7 the initial point of impact of the crash1 if the crash is a fatal crash involving a large truck2 7,b7 the ,crash ,investigation ,sampling ,system of the ,national ,highway ,traffic ,safety ,administration2 7,c7 open-source media reports with documented photo evidence of an underride occurrence2 and 7,d7 any other data and documentation1 as determined appropriate by the ,administrator2 and 7#c7 recommendations that would improve incident reporting by ,state and local law enforcement4 7b7 ,web-,based training ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall develop free on-demand1 web-based training for ,state and local law enforcement on how to properly identify and document underride crashes4