II 

117TH CONGRESS 

2D SESSION S. 5169 

To amend title 23, United States Code, to establish a competitive grant 

program for projects for commercial motor vehicle parking, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Ms. LUMMIS (for herself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend title 23, United States Code, to establish a competitive grant program for projects for commercial motor 

vehicle parking, 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 ‘‘Truck Parking Safety 

5 Improvement Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that it should be a na8 tional priority to address the shortage of parking for comVerDate Sep 11 2014 22:03 Dec 02, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5169.IS S5169

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1 mercial motor vehicles on the Federal-aid highway system 

2 to improve highway safety. 

3 SEC. 3. PARKING FOR COMMERCIAL MOTOR VEHICLES. 

4 (a) IN GENERAL.—Chapter 1 of title 23, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 180. Parking for commercial motor vehicles 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) COMMERCIAL MOTOR VEHICLE.—The term 

10 ‘commercial motor vehicle’ has the meaning given 

11 the term in section 31132 of title 49. 

12 ‘‘(2) SAFETY REST AREA.—The term ‘safety 

13 rest area’ has the meaning given the term in section 

14 120(c)(1). 

15 ‘‘(b) GRANT AUTHORITY.—Subject to the availability 

16 of funds, the Secretary shall make grants, on a competi17 tive basis, to eligible entities for projects to provide park18 ing for commercial motor vehicles and improve the safety 

19 of commercial motor vehicle drivers. 

20 ‘‘(c) ELIGIBLE ENTITIES.— 

21 ‘‘(1) IN GENERAL.—An entity eligible to receive 

22 a grant under this section is any of the following: 

23 ‘‘(A) A State. 

24 ‘‘(B) A metropolitan planning organiza25 tion. 


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1 ‘‘(C) A unit of local government. 

2 ‘‘(D) A political subdivision of a State or 

3 local government carrying out responsibilities 

4 relating to commercial motor vehicle parking. 

5 ‘‘(E) An Indian Tribe (as defined in sec6 tion 4 of the Indian Self-Determination and 

7 Education Assistance Act (25 U.S.C. 5304)) or 

8 a consortium of Indian Tribes (as so defined). 

9 ‘‘(F) A multistate or multijurisdictional 

10 group of entities described in subparagraphs 

11 (A) through (E). 

12 ‘‘(2) PRIVATE SECTOR PARTICIPATION.—An eli13 gible entity that receives a grant under this section 

14 may partner with a private entity to carry out an eli15 gible project under this section. 

16 ‘‘(d) ELIGIBLE PROJECTS.— 

17 ‘‘(1) IN GENERAL.—An entity may use a grant 

18 provided under this section for a project described in 

19 paragraph (2) that is on— 

20 ‘‘(A) a Federal-aid highway; or 

21 ‘‘(B) a facility with reasonable access (as 

22 described in section 658.19 of title 23, Code of 

23 Federal Regulations (or a successor regulation)) 

24 to— 

25 ‘‘(i) a Federal-aid highway; or 


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1 ‘‘(ii) a freight facility. 

2 ‘‘(2) PROJECTS DESCRIBED.—A project re3 ferred to in paragraph (1) is a project— 

4 ‘‘(A) to construct a safety rest area that 

5 includes parking for commercial motor vehicles; 

6 ‘‘(B) to construct additional commercial 

7 motor vehicle parking capacity— 

8 ‘‘(i) on or adjacent to a private com9 mercial truck stop or travel plaza; 

10 ‘‘(ii) within the boundaries of, or adja11 cent to, a publicly owned freight facility, 

12 including a port terminal operated by a 

13 public authority; 

14 ‘‘(iii) at an existing facility, including 

15 an inspection or weigh station and a park16 and-ride location; or 

17 ‘‘(iv) at another suitable facility, as 

18 determined by the Secretary; 

19 ‘‘(C) to reopen an existing weigh station, 

20 safety rest area, park-and-ride facility, or other 

21 government-owned facility, that is not in use, 

22 for commercial motor vehicle parking; 

23 ‘‘(D) to construct or make capital improve24 ments to an existing public commercial motor 


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1 vehicle parking facility to expand parking use 

2 and availability, including at a seasonal facility; 

3 ‘‘(E) to identify, promote, and manage the 

4 availability of publicly and privately provided 

5 commercial motor vehicle parking, such as 

6 through the use of intelligent transportation 

7 systems; 

8 ‘‘(F) to improve the personal safety and 

9 security of commercial motor vehicle drivers at 

10 a parking facility as part of a project described 

11 in subparagraphs (A) through (D); 

12 ‘‘(G) to improve a parking facility, includ13 ing through advanced truck stop electrification 

14 systems and other improvements determined 

15 appropriate by the Secretary, as part of a 

16 project described in subparagraphs (A) through 

17 (D); or 

18 ‘‘(H) to maintain a safety rest area that is 

19 open to commercial motor vehicles. 

20 ‘‘(e) APPLICATION.—To be eligible to receive a grant 

21 under this section, an eligible entity shall submit to the 

22 Secretary an application at such time, in such manner, 

23 and containing such information as the Secretary may re24 quire, including— 

25 ‘‘(1) a description of the proposed project; and 


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1 ‘‘(2) any other information that the Secretary 

2 determines to be necessary. 

3 ‘‘(f) PRIORITY.—In providing grants under this sec4 tion, the Secretary shall give priority to applications that 

5 demonstrate— 

6 ‘‘(1) a shortage of commercial motor vehicle 

7 parking capacity in the corridor in which the project 

8 is located; 

9 ‘‘(2) consultation with motor carriers, commer10 cial motor vehicle drivers, public safety officials, and 

11 private providers of commercial motor vehicle park12 ing; 

13 ‘‘(3) that the project will likely— 

14 ‘‘(A) increase the availability or utilization 

15 of commercial motor vehicle parking; 

16 ‘‘(B) facilitate the efficient movement of 

17 freight; and 

18 ‘‘(C) improve highway safety, traffic con19 gestion, and air quality; and 

20 ‘‘(4) the ability to provide for the maintenance 

21 and operation of the facility. 

22 ‘‘(g) USE OF FUNDS.— 

23 ‘‘(1) IN GENERAL.—An eligible entity may use 

24 a grant under this section for— 


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1 ‘‘(A) development phase activities, includ2 ing planning, feasibility analysis, benefit-cost 

3 analysis, environmental review, preliminary en4 gineering and design work, and other 

5 preconstruction activities necessary to advance 

6 a project under this section; and 

7 ‘‘(B) construction and operational improve8 ments. 

9 ‘‘(2) LIMITATIONS.— 

10 ‘‘(A) IN GENERAL.—An eligible entity may 

11 use not more than 25 percent of the amount of 

12 a grant under this section for activities de13 scribed in paragraph (1)(A). 

14 ‘‘(B) EXISTING FACILITIES.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), not more than 10 per17 cent of the amounts made available for 

18 each fiscal year for grants under this sec19 tion may be used for projects described in 

20 subsection (d)(2)(E) that solely identify, 

21 promote, and manage the availability of ex22 isting commercial motor vehicle parking. 

23 ‘‘(ii) EXCEPTION.—Clause (i) shall 

24 not apply to a project described in sub25 section (d)(2)(E) that is part of a project 


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1 to expand commercial motor vehicle park2 ing capacity. 

3 ‘‘(C) MAINTENANCE.—Not more than 15 

4 percent of the amounts made available for each 

5 fiscal year for grants under this section may be 

6 used for projects described in subsection 

7 (d)(2)(H). 

8 ‘‘(h) REQUIREMENTS.— 

9 ‘‘(1) PUBLICLY ACCESSIBLE PARKING.—Com10 mercial motor vehicle parking constructed, opened, 

11 or improved with funds from a grant under this sec12 tion shall be open and accessible to all commercial 

13 motor vehicle drivers. 

14 ‘‘(2) PROHIBITION ON CHARGING FEES.— 

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

16 subparagraph (B), no fee may be charged to a 

17 commercial motor vehicle to access parking con18 structed, opened, maintained, or improved with 

19 a grant under this section. 

20 ‘‘(B) ANCILLARY FEES.—A fee may be 

21 charged to a commercial motor vehicle for ancil22 lary services related to parking constructed, 

23 opened, maintained, or improved with a grant 

24 under this section, including— 


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1 ‘‘(i) a system that provides heating 

2 and air conditioning to commercial motor 

3 vehicles; or 

4 ‘‘(ii) a system that provides electrical 

5 power to commercial motor vehicles with6 out the need for engine idling. 

7 ‘‘(i) FEDERAL SHARE.—Notwithstanding section 

8 120, the Federal share for a project carried out under this 

9 section shall be up to 100 percent. 

10 ‘‘(j) TREATMENT OF PROJECTS.—Notwithstanding 

11 any other provision of law, a project carried out under this 

12 section shall be treated as a project on a Federal-aid high13 way under this chapter. 

14 ‘‘(k) PERIOD OF AVAILABILITY OF FUNDS.— 

15 Amounts made available for projects under this section 

16 shall remain available for a period of 3 years after the 

17 last day of the fiscal year in which the amounts are made 

18 available. 

19 ‘‘(l) SURVEY AND COMPARATIVE ASSESSMENT.— 

20 ‘‘(1) IN GENERAL.—Not later than 4 years 

21 after the date of enactment of this section, and every 

22 2 years thereafter, the Secretary, in consultation 

23 with appropriate State motor carrier safety per24 sonnel, motor carriers, State departments of trans25 portation, and private providers of commercial motor 


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1 vehicle parking, shall submit to the Committee on 

2 Environment and Public Works of the Senate and 

3 the Committee on Transportation and Infrastructure 

4 of the House of Representatives a report that— 

5 ‘‘(A) evaluates the availability of adequate 

6 parking and rest facilities, taking into account 

7 both private and public facilities, for commer8 cial motor vehicles engaged in interstate trans9 portation; 

10 ‘‘(B) evaluates the effectiveness of the 

11 projects funded under this section in improving 

12 access to commercial motor vehicle parking; 

13 ‘‘(C) evaluates the ability of eligible enti14 ties that received a grant under this section to 

15 sustain the operation of parking facilities con16 structed with funds provided under this section; 

17 and 

18 ‘‘(D) reports on the progress being made 

19 to provide adequate commercial motor vehicle 

20 parking facilities. 

21 ‘‘(2) RESULTS.—The Secretary shall make the 

22 reports under paragraph (1) available to the public 

23 on the website of the Department of Transportation. 

24 ‘‘(3) ALIGNMENT OF REPORTS.—In carrying 

25 out this subsection, the Secretary shall— 


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1 ‘‘(A) consider the results of the commercial 

2 motor vehicle parking facilities assessments of 

3 States under subsection (f) of section 70202 of 

4 title 49; and 

5 ‘‘(B) seek to align the contents of the re6 ports under paragraph (1) and the submission 

7 and publication of those reports with the State 

8 freight plans developed and updated under that 

9 section.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 1 of title 23, United States Code, is amended by add12 ing at the end the following: 

‘‘180. Parking for commercial motor vehicles.’’. 

13 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Sec15 retary of Transportation for projects for commercial 

16 motor vehicle parking under section 180 of title 23, United 

17 States Code— 

18 (1) $175,000,000 for fiscal year 2023; 

19 (2) $185,000,000 for fiscal year 2024; 

20 (3) $195,000,000 for fiscal year 2025; and 

21 (4) $200,000,000 for fiscal year 2026. 

Æ 


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