II 

116TH CONGRESS 

1ST SESSION S. 665 

To reduce the number of preventable deaths and injuries caused by underride 

crashes, to improve motor carrier and passenger motor vehicle safety, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2019 

Mrs. GILLIBRAND (for herself, Mr. RUBIO, Mr. BLUMENTHAL, Mr. MARKEY, 

Ms. DUCKWORTH, Mr. PETERS, Mr. WYDEN, Mr. UDALL, and Mrs. 

FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To reduce the number of preventable deaths and injuries 

caused by underride crashes, to improve motor carrier 

and passenger motor vehicle safety, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Underrides Act’’. 

5 SEC. 2. FINDINGS AND PURPOSES. 

6 (a) FINDINGS.—Congress finds that— 


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1 (1) underride crashes involving passenger motor 

2 vehicles striking and traveling underneath a truck or 

3 trailer are a significant public health and safety 

4 threat; 

5 (2) the National Highway Traffic Safety Ad6 ministration has reported that hundreds of prevent7 able fatalities and life-threatening injuries have oc8 curred as a result of underride crashes; 

9 (3) the National Transportation Safety Board 

10 has recommended the installation of rear, side, and 

11 front underride guards on tractor-trailers and rear 

12 and side underride guards on single unit trucks to 

13 improve passenger motor vehicle safety; and 

14 (4) this Act is introduced in the memory of the 

15 thousands of victims of underride crashes, includ16 ing— 

17 (A) Roya Christine Sadigh, AnnaLeah 

18 Karth, Mary Lydia Karth, Roderick Cota, 

19 Moonjohn Kim, Corey Moore, Gregg Williams, 

20 Guy Champ Crawford, Carl Hall, Michael 

21 Higginbotham, Sandra Maddamma, David 

22 Mathis, Mary Katherine Mathis, James Moon23 ey, Christopher Weigl, Bill Zink, David 

24 Magnan, Jasen Swift, Samuel Sierra, Brittany 

25 McHargue, Christopher Samuel Padilla, Riley 


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1 Hein, Erin Alexander, Jordan Hensley, and Ed2 ward Hall; 

3 (B) those whose catastrophic injuries dra4 matically changed their lives, including Julie 

5 Magnan, Nancy Meuleners, Joshua Rojas, Maiv 

6 Yang, Anita Plantage Bomgaars, and Michael 

7 B. Hawkins; and 

8 (C) those whose precious lives were cut far 

9 too short as a result of preventable underride 

10 crashes. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to reduce the number of preventable deaths 

13 and injuries caused by underride crashes; and 

14 (2) to improve motor carrier and passenger 

15 motor vehicle safety. 

16 SEC. 3. DEFINITIONS. 

17 Section 30102(a) of title 49, United States Code, is 

18 amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; 

21 (2) by redesignating paragraphs (1), (2), (3), 

22 (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) 

23 as paragraphs (2), (3), (4), (5), (7), (8), (9), (10), 

24 (11), (12), (15), (20), and (22), respectively; 


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1 (3) by inserting before paragraph (2) (as so re2 designated) the following: 

3 ‘‘(1) ‘comprehensive underride protection sys4 tem’ means all of the front underride guards, rear 

5 underride guards, or side underride guards, as appli6 cable, installed on a motor vehicle.’’; 

7 (4) by inserting after paragraph (5) (as so re8 designated) the following: 

9 ‘‘(6) ‘front underride guard’ means a device in10 stalled on or near the front of a motor vehicle that 

11 prevents or limits the distance that a vehicle struck 

12 by the vehicle with the device will slide under the 

13 front of the striking vehicle.’’; 

14 (5) by inserting after paragraph (12) (as so re15 designated) the following: 

16 ‘‘(13) ‘passenger motor vehicle’ has the mean17 ing given that term in section 32101. 

18 ‘‘(14) ‘rear underride guard’ means a device in19 stalled on or near the rear of a motor vehicle that 

20 prevents or limits the distance that the front end of 

21 a vehicle striking the rear of the vehicle with the de22 vice will slide under the rear of the impacted vehi23 cle.’’; 

24 (6) by inserting after paragraph (15) (as so re25 designated) the following: 


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1 ‘‘(16) ‘Secretary’ means the Secretary of Trans2 portation. 

3 ‘‘(17) ‘semi-trailer’ means a trailer, other than 

4 a pole trailer, which is designed to rest upon, or be 

5 carried by, a motor vehicle. 

6 ‘‘(18) ‘side underride guard’ means a device in7 stalled on or near the side of a motor vehicle that 

8 prevents or limits the distance that the front end of 

9 a vehicle striking the side of the vehicle with the de10 vice will slide under the side of the impacted vehicle. 

11 ‘‘(19) ‘single unit truck’ means a truck (exclud12 ing any attached trailer).’’; 

13 (7) by inserting after paragraph (20) (as so re14 designated) the following: 

15 ‘‘(21) ‘trailer’ means a vehicle, with or without 

16 motive power, that is designed— 

17 ‘‘(A) to carry persons or property; and 

18 ‘‘(B) to be drawn by a motor vehicle.’’; and 

19 (8) by inserting ‘‘The term’’ after the para20 graph designation in each of paragraphs (1) through 

21 (22) (as so redesignated). 

22 SEC. 4. UNDERRIDE GUARD RULEMAKING. 

23 (a) IN GENERAL.—Subchapter II of chapter 301 of 

24 title 49, United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘§ 30129. Underride guards 

2 ‘‘(a) REAR UNDERRIDE GUARDS.— 

3 ‘‘(1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this section, the Secretary 

5 shall issue a final rule to require the installation of 

6 rear underride guards that meet the performance 

7 standards described in paragraph (3) on— 

8 ‘‘(A) any trailer with a gross vehicle weight 

9 rating of 10,000 pounds or more that is manu10 factured on or after the effective date of the 

11 rule; 

12 ‘‘(B) any semi-trailer with a gross vehicle 

13 weight rating of 10,000 pounds or more that is 

14 manufactured on or after the effective date of 

15 the rule; and 

16 ‘‘(C) any single unit truck— 

17 ‘‘(i) the bottom of the carriage of 

18 which is greater than 22 inches above the 

19 ground; 

20 ‘‘(ii) with a gross vehicle weight rating 

21 of 10,000 pounds or more; and 

22 ‘‘(iii) that is manufactured on or after 

23 the effective date of the rule. 

24 ‘‘(2) RETRO-FIT REQUIREMENTS.—Not later 

25 than 2 years after the date of enactment of this sec26 tion, the Secretary shall issue a final rule requiring 


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1 the installation of rear underride guards that meet 

2 the performance standards described in paragraph 

3 (3) on— 

4 ‘‘(A) any trailer with a gross vehicle weight 

5 rating of 10,000 pounds or more that is manu6 factured before the effective date of the rule 

7 under paragraph (1); 

8 ‘‘(B) any semi-trailer with a gross vehicle 

9 weight rating of 10,000 pounds or more that is 

10 manufactured before the effective date of the 

11 rule under paragraph (1); and 

12 ‘‘(C) any single unit truck— 

13 ‘‘(i) the bottom of the carriage of 

14 which is greater than 22 inches above the 

15 ground; 

16 ‘‘(ii) with a gross vehicle weight rating 

17 of 10,000 pounds or more; and 

18 ‘‘(iii) that is manufactured before the 

19 effective date of the rule under paragraph 

20 (1). 

21 ‘‘(3) PERFORMANCE STANDARDS.—A rear 

22 underride guard shall be considered to meet the per23 formance standard referred to in paragraphs (1) and 

24 (2) if the rear underride guard is able to prevent in25 trusion from the body or frame of a vehicle deVerDate Sep 11 2014 04:20 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S665.IS S665

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1 scribed in paragraph (1) or (2), as applicable, into 

2 the passenger compartment of a passenger motor ve3 hicle that contacts the guard while traveling at 35 

4 miles per hour, as verified through crash testing 

5 while attached to a trailer, after— 

6 ‘‘(A) an impact in which the passenger ve7 hicle impacts the center of the rear of the trail8 er, semi-trailer, or single unit truck; 

9 ‘‘(B) an impact in which 50 percent of the 

10 width of the passenger vehicle overlaps the rear 

11 of the trailer, semi-trailer, or single unit truck; 

12 and 

13 ‘‘(C) an impact in which 30 percent of the 

14 width of the passenger vehicle overlaps the rear 

15 of the trailer, semi-trailer, or single unit truck. 

16 ‘‘(4) COMPLIANCE DATES.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), compliance with each of the 

19 rules issued by the Secretary under paragraphs 

20 (1) and (2) shall be required beginning 1 year 

21 after the date on which the final rule is pub22 lished in the Federal Register. 

23 ‘‘(B) PHASE-IN.—The Secretary may per24 mit a phase-in period (not to exceed 2 years) 

25 for the installation of rear underride guards on 


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1 trailers, semi-trailers, and single unit trucks de2 scribed in paragraph (2). 

3 ‘‘(b) SIDE UNDERRIDE GUARDS.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this section, the Secretary 

6 shall issue a final rule requiring the installation of 

7 side underride guards that meet the performance 

8 standards described in paragraph (3) on— 

9 ‘‘(A) any trailer with a gross vehicle weight 

10 rating of 10,000 pounds or more that is manu11 factured on or after the effective date of the 

12 rule; 

13 ‘‘(B) any semi-trailer with a gross vehicle 

14 weight rating of 10,000 pounds or more that is 

15 manufactured on or after the effective date of 

16 the rule; and 

17 ‘‘(C) any single unit truck— 

18 ‘‘(i) the bottom of the carriage of 

19 which is greater than 22 inches above the 

20 ground; 

21 ‘‘(ii) with a gross vehicle weight rating 

22 of 10,000 pounds or more; and 

23 ‘‘(iii) that is manufactured on or after 

24 the effective date of the rule. 


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1 ‘‘(2) RETRO-FIT REQUIREMENTS.—Not later 

2 than 2 years after the date of enactment of this sec3 tion, the Secretary shall issue a final rule requiring 

4 the installation of side underride guards that meet 

5 the performance standards described in paragraph 

6 (3) on— 

7 ‘‘(A) any trailer with a gross vehicle weight 

8 rating of 10,000 pounds or more that is manu9 factured before the effective date of the rule re10 quired by paragraph (1); 

11 ‘‘(B) any semi-trailer with a gross vehicle 

12 weight rating of 10,000 pounds or more that is 

13 manufactured before the effective date of the 

14 rule required by paragraph (1); and 

15 ‘‘(C) any single unit truck— 

16 ‘‘(i) the bottom of the carriage of 

17 which is greater than 22 inches above the 

18 ground; 

19 ‘‘(ii) with a gross vehicle weight rating 

20 of 10,000 pounds or more; and 

21 ‘‘(iii) that is manufactured before the 

22 effective date of the rule required by para23 graph (1). 

24 ‘‘(3) PERFORMANCE STANDARDS.—A side 

25 underride guard shall be considered to meet the perVerDate Sep 11 2014 04:20 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S665.IS S665

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1 formance standards referred to in paragraphs (1) 

2 and (2) if the side underride guard is able to prevent 

3 intrusion from the body or frame of a vehicle de4 scribed in paragraph (1) or (2), as applicable, into 

5 the passenger compartment of a passenger motor ve6 hicle that contacts the guard while traveling 35 

7 miles per hour at any angle between 10 degrees and 

8 90 degrees. 

9 ‘‘(4) COMPLIANCE DATES.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), compliance with each of the 

12 rules issued by the Secretary under paragraphs 

13 (1) and (2) shall be required beginning on the 

14 date that is 1 year after the respective issuance 

15 date of each rule. 

16 ‘‘(B) PHASE-IN.—The Secretary may per17 mit a phase-in period, not to exceed 3 years, for 

18 the installation of side underride guards on 

19 trailers, semi-trailers, and single unit trucks de20 scribed in paragraph (2). 

21 ‘‘(c) FRONT UNDERRIDE GUARDS.— 

22 ‘‘(1) IN GENERAL.—Not later than 2 years 

23 after the date of enactment of this section, the Sec24 retary shall issue a final rule requiring the installa25 tion of front underride guards on— 


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1 ‘‘(A) any trailer with a gross vehicle weight 

2 rating of 10,000 pounds or more that is manu3 factured on or after the effective date of the 

4 rule; 

5 ‘‘(B) any semi-trailer with a gross vehicle 

6 weight rating of 10,000 pounds or more that is 

7 manufactured on or after the effective date of 

8 the rule; and 

9 ‘‘(C) any single unit truck— 

10 ‘‘(i) the bottom of the carriage of 

11 which is greater than 22 inches above the 

12 ground; 

13 ‘‘(ii) with a gross vehicle weight rating 

14 of 10,000 pounds or more; and 

15 ‘‘(iii) that is manufactured on or after 

16 the effective date of the rule. 

17 ‘‘(2) RETROFIT REQUIREMENTS.—Not later 

18 than 3 years after the date of enactment of this sec19 tion, the Secretary shall issue a rule requiring the 

20 installation of front underride guards on— 

21 ‘‘(A) any trailer with a gross vehicle weight 

22 rating of 10,000 pounds or more that is manu23 factured before the effective date of the rule 

24 under paragraph (1); 


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1 ‘‘(B) any semi-trailer with a gross vehicle 

2 weight rating of 10,000 pounds or more that is 

3 manufactured before the effective date of the 

4 rule under paragraph (1); and 

5 ‘‘(C) any single unit truck— 

6 ‘‘(i) the bottom of the carriage of 

7 which is greater than 22 inches above the 

8 ground; 

9 ‘‘(ii) with a gross vehicle weight rating 

10 of 10,000 pounds or more; and 

11 ‘‘(iii) that is manufactured before the 

12 effective date of the rule under paragraph 

13 (1). 

14 ‘‘(3) COMPLIANCE DATES.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), compliance with each of the 

17 rules issued by the Secretary under paragraphs 

18 (1) and (2) shall be required beginning on the 

19 date that is 1 year after the respective issuance 

20 date of each rule. 

21 ‘‘(B) PHASE-IN.—The Secretary may per22 mit a phase-in period (not to exceed 3 years) 

23 for the installation of front underride guards on 

24 vehicles described in paragraph (2). 


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1 ‘‘(4) REPORT.—Not later than 1 year after the 

2 date of enactment of this section, the Secretary 

3 shall— 

4 ‘‘(A) complete research on equipping the 

5 vehicles described in paragraphs (1) and (2) 

6 with a front underride guard to prevent trucks 

7 from overriding the passenger vehicle; and 

8 ‘‘(B) submit to the Committee on Com9 merce, Science, and Transportation of the Sen10 ate and the Committees on Transportation and 

11 Infrastructure and Energy and Commerce of 

12 the House of Representatives a report on the 

13 research described in subparagraph (A). 

14 ‘‘(d) INSPECTION AND REPAIR REQUIREMENTS.— 

15 ‘‘(1) POST-ACCIDENT INSPECTIONS.—To ensure 

16 that all trailers, semi-trailers, and single unit trucks 

17 are maintained in safe and proper operating condi18 tion at all times, the Secretary shall require that any 

19 trailer, semi-trailer, or single unit truck involved in 

20 an accident (as defined in section 390.5 of title 49, 

21 Code of Federal Regulations (or a successor regula22 tion)) undergo and pass an inspection described in 

23 appendix G to subchapter B of chapter III of title 

24 49, Code of Federal Regulations (or successor regu25 lations), to certify that all components of the trailer, 


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1 semi-trailer, or single unit truck, as applicable, are 

2 in safe and proper operating condition. 

3 ‘‘(2) PRE-TRIP INSPECTIONS.—The Secretary 

4 shall require drivers— 

5 ‘‘(A) to conduct a pre-trip inspection of the 

6 comprehensive underride protection system re7 quired under this section on their trailer, semi8 trailer, or single unit truck— 

9 ‘‘(i) to identify— 

10 ‘‘(I) any metal perforated by rust 

11 or corrosion that compromises struc12 tural integrity; 

13 ‘‘(II) cracked welds; 

14 ‘‘(III) cracked or fractured 

15 vertical members; 

16 ‘‘(IV) cuts and tears in any 

17 underride guard; and 

18 ‘‘(V) missing fasteners and loose 

19 fasteners; and 

20 ‘‘(ii) to ensure the dimensional integ21 rity of those guards; 

22 ‘‘(B) to include the results of the inspec23 tion described in subparagraph (A) in the driver 

24 vehicle inspection report; and 


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1 ‘‘(C) to complete any necessary repairs to, 

2 or replacement of, the underride protection sys3 tem before the vehicle is operated.’’. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

5 for chapter 301 of title 49, United States Code, is amend6 ed by striking the item relating to section 30128 and in7 serting the following: 

‘‘30128. Vehicle rollover prevention and crash mitigation. 

‘‘30129. Underride guards.’’. 

8 (c) RULEMAKINGS.—The Secretary of Transpor9 tation shall amend— 

10 (1) sections 396.11 and 396.13 of title 49, 

11 Code of Federal Regulations, in accordance with sec12 tion 30129(d)(2) of title 49, United States Code (as 

13 added by subsection (a)); 

14 (2) section 396.17 of title 49, Code of Federal 

15 Regulations, to include a requirement that motor 

16 carriers and intermodal equipment providers include 

17 an inspection of the comprehensive underride protec18 tion system (as defined in section 30102(a) of title 

19 49, United States Code) of the commercial motor ve20 hicle in a periodic inspection required under section 

21 396.17 of title 49, Code of Federal Regulations; 

22 (3) section 392.7 of title 49, Code of Federal 

23 Regulations, to include the comprehensive underride 

24 protection system (as defined in section 30102(a) of 


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1 title 49, United States Code) in the list of parts and 

2 accessories and components required to be in good 

3 working order under each of subsections (a) and (b) 

4 of section 392.7 of title 49, Code of Federal Regula5 tions; and 

6 (4) appendix G to subchapter B of chapter III 

7 of title 49, Code of Federal Regulations— 

8 (A) by redesignating paragraphs 6 (relat9 ing to safe loading) through 14 (relating to mo10 torcoach seats) as paragraphs 7 through 15, re11 spectively; and 

12 (B) by inserting after paragraph 5 (relat13 ing to lighting devices) the following: 

14 ‘‘6. REAR IMPACT GUARDS AND REAR END PRO15 TECTION.—Any trailer or semitrailer required under 

16 section 393.86 to be equipped with a rear impact 

17 guard or rear end protection— 

18 ‘‘(A) that does not meet the requirements 

19 under section 393.86; 

20 ‘‘(B) that— 

21 ‘‘(i) is missing; or 

22 ‘‘(ii) has— 

23 ‘‘(I) any metal perforated by rust 

24 or corrosion that compromises struc25 tural integrity; 


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1 ‘‘(II) a cracked weld; 

2 ‘‘(III) a cracked or fractured 

3 vertical member; 

4 ‘‘(IV) a cut or tear in any 

5 underride guard component; or 

6 ‘‘(V) a missing fastener or a 

7 loose fastener; or 

8 ‘‘(C) for which the dimensional integrity of 

9 the guard or protection is compromised.’’. 

10 SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE 

11 GUARD STANDARDS. 

12 (a) REQUEST FOR PROPOSALS.—As soon as prac13 ticable, the Secretary of Transportation shall issue a Re14 quest for Proposals for the design of 2 high-capacity rear 

15 underride barrier prototypes of a generic guard (with en16 ergy absorption and without energy absorption) to prevent 

17 underride crashes and protect motor vehicle passengers 

18 against severe injury at crash speeds of up to 65 miles 

19 per hour. 

20 (b) EVALUATION.—The Secretary shall— 

21 (1) evaluate the proposals received in response 

22 to the Request for Proposals issued pursuant to sub23 section (a); and 

24 (2) update the underride guard standards 

25 under section 30129 of title 49, United States Code 


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1 (as added by section 4(a)), as appropriate, to pro2 vide the best underride protection that is techno3 logically feasible. 

4 (c) PERIODIC REVIEWS.— 

5 (1) IN GENERAL.—Not later than 5 years after 

6 the underride guard standards are updated pursuant 

7 to subsection (b)(2), and every 5 years thereafter, 

8 the Secretary shall— 

9 (A) conduct a review of underride guard 

10 standards to evaluate the need for changes in 

11 response to advancements in technology; and 

12 (B) update the standards accordingly. 

13 (2) REPORT.—After each review conducted 

14 under this section, the Secretary shall submit to the 

15 Committee on Commerce, Science, and Transpor16 tation of the Senate and the Committees on Trans17 portation and Infrastructure and Energy and Com18 merce of the House of Representatives a report on 

19 the results of the review. 

20 SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION. 

21 (a) ESTABLISHMENT.—The Secretary of Transpor22 tation shall establish the Committee on Underride Protec23 tion (referred to in this section as the ‘‘Committee’’) to 

24 oversee the ongoing underride rulemaking process. 


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1 (b) REPRESENTATION.—The Committee shall be 

2 composed of— 

3 (1) 1 representative of truck manufacturers; 

4 (2) 1 representative of trailer manufacturers; 

5 (3) 1 roadside inspector; 

6 (4) 1 motor vehicle engineer, who shall be a 

7 technician who works on motor vehicle safety im8 provements; 

9 (5) 1 motor vehicle crash reconstructionist; 

10 (6) 2 representatives of consumer-oriented traf11 fic safety organizations; 

12 (7) 1 representative of the truck and auto in13 surance industry; 

14 (8) 1 law enforcement crash investigator; 

15 (9) 1 emergency medical service provider; 

16 (10) 1 public health or injury prevention profes17 sional; and 

18 (11) at least 4 people whose families have been 

19 impacted by an underride crash. 

20 (c) MEETINGS.—The Committee shall meet— 

21 (1) until the final rules have been issued pursu22 ant to section 30129 of title 49, United States Code 

23 (as added by section 4(a))— 

24 (A) monthly, via conference call; and 


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1 (B) quarterly, in person, at the Depart2 ment of Transportation headquarters; and 

3 (2) subsequent to the issuance of the final rules 

4 described in paragraph (1), annually, at the Depart5 ment of Transportation headquarters, to assess the 

6 status of underride crash protection. 

7 (d) ANNUAL REPORT.—The Committee shall submit 

8 an annual report to the appropriate congressional commit9 tees that describes the progress made by the Secretary of 

10 Transportation in meeting the rulemaking deadlines set 

11 forth in section 30129 of title 49, United States Code (as 

12 added by section 4(a)). 

13 SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE 

14 CRASHES. 

15 The Secretary of Transportation shall— 

16 (1) publish data on victims of truck underride 

17 crashes on a publicly accessible website; and 

18 (2) update the data described in paragraph (1) 

19 not less frequently than quarterly. 

Æ 


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