II 

118TH CONGRESS 

1ST SESSION S. 1034 

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 

MARCH 29, 2023 

Ms. LUMMIS (for herself, Mr. KELLY, Mr. BOOZMAN, and Mr. TESTER) 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 03:56 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

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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 public 

18 parking for commercial motor vehicles and improve the 

19 safety 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) A Tribal government or a consortium 

6 of Tribal governments. 

7 ‘‘(F) A multistate or multijurisdictional 

8 group of entities described in subparagraphs 

9 (A) through (E). 

10 ‘‘(2) PRIVATE SECTOR PARTICIPATION.—An eli11 gible entity that receives a grant under this section 

12 may partner with a private entity to carry out an eli13 gible project under this section. 

14 ‘‘(d) ELIGIBLE PROJECTS.— 

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

16 provided under this section for a project described in 

17 paragraph (2) that is on— 

18 ‘‘(A) a Federal-aid highway; or 

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

20 described in section 658.19 of title 23, Code of 

21 Federal Regulations (or a successor regulation)) 

22 to— 

23 ‘‘(i) a Federal-aid highway; or 

24 ‘‘(ii) a freight facility. 


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1 ‘‘(2) PROJECTS DESCRIBED.—A project re2 ferred to in paragraph (1) is a project— 

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

4 includes parking for commercial motor vehicles; 

5 ‘‘(B) to construct additional commercial 

6 motor vehicle parking capacity— 

7 ‘‘(i) adjacent to a private commercial 

8 truck stop or travel plaza; 

9 ‘‘(ii) within the boundaries of, or adja10 cent to, a publicly owned freight facility, 

11 including a port terminal operated by a 

12 public authority; 

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

14 an inspection or weigh station and a park15 and-ride location; or 

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

17 determined by the eligible entity, in con18 currence with 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 of 

9 commercial motor vehicle drivers at a parking 

10 facility as part of a project described in sub11 paragraphs (A) through (D); or 

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

14 as part of a project described in subparagraphs 

15 (A) through (D). 

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

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

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

19 and containing such information as the Secretary may re20 quire, including— 

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

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

23 determines to be necessary. 


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1 ‘‘(f) SELECTION CRITERIA.—The Secretary may se2 lect a project to receive a grant under this section only 

3 if the Secretary determines that— 

4 ‘‘(1) there is a shortage of commercial motor 

5 vehicle parking capacity in the corridor in which the 

6 project is located; 

7 ‘‘(2) the eligible entity has consulted with motor 

8 carriers, commercial motor vehicle drivers, public 

9 safety officials, and private providers of commercial 

10 motor vehicle parking regarding the project; 

11 ‘‘(3) the project will likely— 

12 ‘‘(A) increase the availability or utilization 

13 of commercial motor vehicle parking; 

14 ‘‘(B) facilitate the efficient movement of 

15 freight; or 

16 ‘‘(C) improve highway safety, traffic con17 gestion, and air quality; and 

18 ‘‘(4) the eligible entity demonstrates the ability 

19 to provide for the maintenance and operation of the 

20 facility. 

21 ‘‘(g) ADDITIONAL CONSIDERATION.—To the max22 imum extent practicable, the Secretary shall select 

23 projects to receive grants under the program in a manner 

24 that maximizes the geographic dispersion of new commerVerDate Sep 11 2014 03:56 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

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1 cial motor vehicle parking capacity across the United 

2 States. 

3 ‘‘(h) USE OF FUNDS.— 

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

5 a grant under this section for— 

6 ‘‘(A) development phase activities, includ7 ing planning, feasibility analysis, benefit-cost 

8 analysis, environmental review, preliminary en9 gineering and design work, and other 

10 preconstruction activities necessary to advance 

11 a project under this section; and 

12 ‘‘(B) construction and operational improve13 ments. 

14 ‘‘(2) LIMITATIONS.— 

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

16 use not more than 25 percent of the amount of 

17 a grant under this section for activities de18 scribed in paragraph (1)(A). 

19 ‘‘(B) EXISTING FACILITIES.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), not more than 10 per22 cent of the amounts made available for 

23 each fiscal year for grants under this sec24 tion may be used for projects described in 

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


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1 promote, and manage the availability of ex2 isting commercial motor vehicle parking. 

3 ‘‘(ii) EXCEPTION.—Clause (i) shall 

4 not apply to a project described in sub5 section (d)(2)(E) that is part of a project 

6 to expand commercial motor vehicle park7 ing capacity. 

8 ‘‘(3) PROHIBITION.— 

9 ‘‘(A) IN GENERAL.—Amounts made avail10 able to carry out this section shall not be used 

11 for the construction, or development phase ac12 tivities that would enable the construction, of 

13 charging or fueling infrastructure for the pro14 pulsion of a vehicle, including a commercial 

15 motor vehicle. 

16 ‘‘(B) SAVINGS PROVISION.—Nothing in 

17 this paragraph limits the use of funds other 

18 than funds made available to carry out this sec19 tion. 

20 ‘‘(i) REQUIREMENTS.— 

21 ‘‘(1) PUBLICLY ACCESSIBLE PARKING.—Com22 mercial motor vehicle parking constructed, opened, 

23 or improved with funds from a grant under this sec24 tion shall be open and accessible to all commercial 

25 motor vehicle drivers. 


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

2 ‘‘(A) IN GENERAL.—No fee may be 

3 charged by an eligible entity to a commercial 

4 motor vehicle driver to gain access to parking 

5 constructed, opened, maintained, or improved 

6 with a grant under this section. 

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

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

9 section shall be treated as a project on a Federal-aid high10 way under this chapter. 

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

12 Amounts made available for projects under this section 

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

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

15 available.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 1 of title 23, United States Code, is amended by add18 ing at the end the following: 

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

19 SEC. 4. SURVEY AND COMPARATIVE ASSESSMENT. 

20 (a) IN GENERAL.—Not later than 4 years after the 

21 date of enactment of this Act, and every 2 years there22 after, the Secretary of Transportation, in consultation 

23 with appropriate State motor carrier safety personnel, 

24 motor carriers, State departments of transportation, and 

25 private providers of commercial motor vehicle parking, 


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1 shall submit to the Committee on Environment and Public 

2 Works of the Senate and the Committee on Transpor3 tation and Infrastructure of the House of Representatives 

4 a report that— 

5 (1) evaluates the availability of adequate park6 ing and rest facilities, taking into account both pri7 vate and public facilities, for commercial motor vehi8 cles engaged in interstate transportation; 

9 (2) evaluates the effectiveness of the projects 

10 funded under section 180 of title 23, United States 

11 Code, in improving access to commercial motor vehi12 cle parking; 

13 (3) evaluates the ability of eligible entities that 

14 received a grant under section 180 of title 23, 

15 United States Code, to sustain the operation of 

16 parking facilities constructed with funds provided 

17 under that section; and 

18 (4) reports on the progress being made to pro19 vide adequate commercial motor vehicle parking fa20 cilities. 

21 (b) RESULTS.—The Secretary of Transportation 

22 shall make the reports under subsection (a) available to 

23 the public on the website of the Department of Transpor24 tation. 


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1 (c) ALIGNMENT OF REPORTS.—In carrying out this 

2 section, the Secretary of Transportation shall— 

3 (1) consider the results of the commercial 

4 motor vehicle parking facilities assessments of States 

5 under subsection (f) of section 70202 of title 49, 

6 United States Code; and 

7 (2) seek to align the contents of the reports 

8 under subsection (a) and the submission and publi9 cation of those reports with the State freight plans 

10 developed and updated under that section. 

11 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary of Transportation for projects for commercial 

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

15 States Code— 

16 (1) $175,000,000 for fiscal year 2024; 

17 (2) $260,000,000 for fiscal year 2025; and 

18 (3) $320,000,000 for fiscal year 2026. 

Æ 


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