SHIP IT Act

Bill: 118-hr-471
Sponsor: full_name: Rep. Johnson, Dusty [R-SD-At Large]
Introduced: 2023-01-24
Policy area: Transportation and Public Works
Latest action: action_date: 2023-02-01
text: Referred to the Subcommittee on Highways and Transit.

Summaries:
action_date: 2023-01-24
action_desc: Introduced in House
text: <p><b>Safer Highways and Increased Performance for Interstate Trucking Act or the SHIP IT Act </b></p> <p>This bill expands programs and special permits for trucks and truck drivers. </p> <p>Specifically, a state may issue a special permit for certain overweight vehicles based on a Presidential major disaster declaration or a Department of Transportation (DOT) declaration (1) of an emergency (including non-natural or financial), or (2) that the United States supply chain is having issues. Currently, a state may issue a special permit only based on a Presidential major disaster declaration. </p> <p>DOT must also, subject to the availability of funds, award competitive grants to construct or improve commercial vehicle parking facilities. </p> <p>Under the bill, the Department of Labor must provide Workforce Innovation and Opportunity Act grants for entry level commercial motor vehicle driver training. The bill also establishes a limited tax credit, adjusted annually based on inflation, for eligible commercial driver's license holders. </p> <p>Further, the Federal Motor Carrier Safety Administration must revise certain regulations related to commercial driver's license testing and permits, including to allow a third-party examiner to administer commercial driver's license tests. </p> <p>DOT must also establish a pilot program allowing states to issue permits for qualifying vehicles with six axles or more operating at greater than 80,000 pounds gross vehicle weight on a state's Interstate System. (Generally, the federal commercial vehicle weight limit is 80,000 pounds, with some exceptions.)</p> <p>The bill also exempts the battery weight from the gross vehicle weight for certain commercial motor vehicles powered primarily by electric battery power.</p> <p>Finally, existing driving time exemptions are expanded for truck drivers transporting agricultural commodities and farm supplies within a 150-mile radius.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 471 IN THE HOUSE OF REPRESENTATIVES January 24, 2023 Mr. Johnson of South Dakota (for himself and Mr. Costa ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Education and the Workforce , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 23, United States Code, with respect to commercial motor vehicle parking, safety, and licensing, and for other purposes.

1. Short title This Act may be cited as the Safer Highways and Increased Performance for Interstate Trucking Act or the SHIP IT Act . 2. Modernizing authority for certain vehicle waivers during emergencies Section 127(i) of title 23, United States Code, is amended to read as follows: (i) Special Permits During Periods of National Emergency (1) In general Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if the conditions of either paragraph (2) or paragraph (3) are met. (2) Presidential declaration The conditions of paragraph (2) as referenced in paragraph (1) of this subsection are— (A) the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (B) the permits described in paragraph (1) are issued in accordance with State law; (C) the permits are issued exclusively to vehicles and loads that are delivering relief supplies; and (D) a permit shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of this paragraph. (3) Secretarial declaration The conditions of paragraph (3) are the following: (A) The Secretary has declared that— (i) emergency or other unusual conditions, including weather, fire, earthquake, disease, or natural emergencies and including financial or other non-natural emergencies, are having a negative impact on commerce in a State or regionally or nationally; or (ii) supply chains in United States commerce are functioning in a suboptimal manner in a State or regionally or nationally, either in terms of slow overall movement, freight traffic congestion, or otherwise. (B) The permits described in paragraph (1) are issued in accordance with State law. (C) The permit shall expire— (i) 365 days after the Secretary makes a declaration pursuant to subparagraph (A), unless the expiration date is extended by the Secretary; or (ii) 180 days after the Secretary declares that the emergency or other condition declared by the Secretary pursuant to subparagraph (A) has expired, whichever is later. (D) In administering this paragraph, the Secretary shall give weight to requests by a State to make or extend subparagraph (A) declarations. . 3. Eligibility for workforce grants Section 134 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174 ) is amended by adding at the end the following: (e) Truck drivers (1) In general With respect to the commercial motor vehicle operator profession, the Secretary shall provide grants to individuals for the tuition and fees and other costs of entry level driver training provided by an entity listed as a training provider on the registry maintained by the Federal Motor Carrier Safety Administration and for such other education and training costs as the Secretary may approve, including the cost of course materials, supplies, technology, and fees for graduation, licensure, or certification. (2) Simplified process As soon as practicable after the date of enactment of this subsection, the Secretary shall develop a simplified process through which grants may be provided under this subsection that would be readily accessible to individuals with non-Federal share requirements set at the lowest level allowed under other provisions of this section. (3) Requirements Expenses authorized under paragraph (1) shall be provided both through the structure of existing programs pursuant to subsections (a) through (d) of this section and through the process developed by the Secretary under subsection (e). . 4. Strengthening supply chains through truck driver incentives Act (a) In general The Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Credit for commercial truck drivers (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to $7,500 for the taxable year. (b) Eligible individual For the purposes of this section, the term eligible taxpayer means, with respect to a taxable year, an individual— (1) who holds a valid Class A commercial driver’s license (except as provided in subsection (c)) who operates a tractor-trailer combination that qualifies as a Group A vehicle under section 383.91(a)(1) of title 49, Code of Federal Regulations, (2) whose adjusted gross income for the taxable year does not exceed— (A) in the case of a joint return or surviving spouse, $135,000, (B) in the case of an individual who is a head of household, $112,500, or (C) in the case of any other individual, $90,000, and (3) who drove such a vehicle in the course of a trade or business— (A) and served not less than 1900 hours of on-duty time, including driving time, during such taxable year, or (B) in the case of an individual who did not drive a commercial truck in the preceding taxable year, not less than an average of 40 hours per week of on-duty time, including driving time, with respect to weeks during the taxable year in which such individual drove such a vehicle in the course of a trade or business. (c) Special rule for apprentices With respect to an individual enrolled in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’), who, upon completion or in the course of such apprenticeship program will receive a Class A commercial driver’s license— (1) the requirements of subsection (b)(1) shall not apply, and (2) such individual may count training hours in such program as hours driving a vehicle described in subsection (b)(1) for the purposes of this section. (d) Special rule for new truck drivers Except as provided in subsection (e), in the case of an eligible taxpayer who did not drive a commercial truck in the course of a trade or business during the preceding taxable year, subsection (a) shall be applied by substituting $10,000 for $7,500 . (e) Special rule for drivers with less than 1420 hours In the case of an eligible taxpayer who did not drive a commercial truck in the preceding taxable year who drives a commercial truck and served for less than 1420 hours of on-duty time, including driving time, in the course of a trade or business during the taxable year, the amount of the credit allowed by subsection (a) shall be the amount that bears the same proportion to the dollar amount (determined without regard to this subsection) with respect to the individual under subsection (a) as the number of hours of on-duty time, including driving time, such individual drove a commercial truck in the course of a trade or business during such taxable year bears to 1420 hours. (f) Inflation adjustment In the case of any taxable year beginning after 2022, the dollar amounts in this section shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2021’ for ‘calendar year 2016’ in subparagraph (A)(ii). (g) Limitation An eligible individual shall be allowed the credit under this section only 2 times. (h) Definitions In this section, the terms “on-duty time” and “driving time” shall have the meaning given such terms in section 395.2 of title 49, Code of Federal Regulations. . (b) Conforming amendments (1) In general Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting , 36C after 36B . (2) Refund of internal revenue collections Section 1324(b)(2) of title 31, United States Code, is amended by inserting , 36C after , 36B . (3) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for commercial truck drivers. . (c) Effective date The amendments made by this section shall apply to taxable years ending on or after December 31, 2022. 5. Parking for commercial motor vehicles (a) 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. (b) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 180. 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 advanced truck stop electrification systems 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. . (c) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by adding after the item relating to section 177 the following: 180. Parking for commercial motor vehicles. . (d) 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. 6. Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall— (1) revise section 384.228 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State or third-party examiner to administer a commercial driver’s license knowledge test so long as the examiner— (A) maintains a valid commercial driver’s license test examiner certification; (B) completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of such section; and (C) completes 1 unit of instruction described in subsection (c)(3) of such section; (2) revise section 383.25(a)(1) of title 49, Code of Federal Regulations (or a successor regulation), to allow a commercial driver’s license holder accompanying a commercial learner’s permit holder to be present anywhere in the cab of the vehicle being operated by the commercial learner’s permit holder; and (3) revise section 383.79 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State to administer a driving skills test to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training. 7. Exemption for zero emission class 7 vehicles Section 31301(4) of title 49, United States Code, is amended by inserting , except that, for vehicles powered primarily by means of electric battery power, the weight of the electric battery or batteries shall not count towards the gross vehicle weight rating and gross vehicle weight stated in this subparagraph, or towards any lesser gross vehicle weight rating or gross vehicle weight that may be prescribed by the Secretary by regulation after 10,001 pounds . 8. Safety data collection program for certain 6-axle vehicles Section 127 of title 23, United States Code, is amended by adding at the end the following: (x) Pilot program for safety data collection on certain 6-Axle vehicles (1) General authority Not later than 30 days after the date of enactment of this subsection, the Secretary shall establish a pilot program (referred to in this subsection as the ‘pilot program’) under which States selected by the Secretary under paragraph (2) may allow covered 6-axle vehicles to be operated on the Interstate System in the State. (2) Selection of States for the program (A) Initial application Beginning on the date that is 30 days after the date of enactment of this subsection, a State seeking to participate in the pilot program shall submit an application to the Secretary in electronic form, containing such administrative information as the Secretary may require, including a certification that the State will have the authority pursuant to State law to implement the pilot program. (B) Selection The Secretary shall select for the pilot program, on a rolling basis, States that submit a completed application under subparagraph (A). (C) Election to no longer participate If a State elects to no longer participate in the pilot program, the State shall notify the Secretary of such election. (3) Means of implementation (A) In general To be eligible to participate in the pilot program, a State shall agree to implement the pilot program through the issuance of permits per vehicle or group of vehicles with respect to covered 6-axle vehicles. (B) Permit A permit described in subparagraph (A) shall— (i) describe the Interstate System routes that may be used while operating at greater than 80,000 pounds gross vehicle weight in a covered 6-axle vehicle; and (ii) require the permit holder to report to the State, with respect to such permit holder— (I) each accident (as such term is defined in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this subsection) that occurred in the State involving a covered 6-axle vehicle on the Interstate System in the State; (II) the estimated gross vehicle weight of each covered 6-axle vehicle at the time of an accident described in subclause (I); and (III) the estimated miles traveled by covered 6-axle vehicles on the Interstate System annually. (C) Safety equipment incentive (i) Fee reduction With respect to any fee associated with a permit under this paragraph, the State shall reduce the fee otherwise applicable to a vehicle by 67 percent if the vehicle is equipped with an automatic emergency braking system, including such systems in use on the date of enactment of this subsection. (ii) Group of vehicles As applied to a permit for a group of vehicles, the reduction under clause (i) shall only apply with respect to individual vehicles in the group that are equipped with an automatic emergency breaking system, including such systems in use on the date of enactment of this subsection. (4) Other authorizations not affected This subsection shall not restrict— (A) a vehicle that may operate under any other provision of this section or another Federal law; or (B) a State’s authority with respect to a vehicle that may operate under any other provision of this section or another Federal law. (5) No highway funding reduction Notwithstanding subsection (a), funds apportioned to a State under section 104 for any period may not be reduced because the State authorizes the operation of covered 6-axle vehicles within such State in accordance with this subsection. (6) Annual report Not later than the first March 1 after the date of enactment of this subsection, and annually thereafter, a State participating in the pilot program shall submit to the Secretary with respect to the previous calendar year, a report on— (A) the number of accidents (as such term is defined in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this subsection)) that occurred in the State involving covered 6-axle vehicles on the Interstate System in the State; (B) the estimated gross vehicle weight of each such vehicle at the time of the accident in the State described in subparagraph (A); and (C) the estimated miles traveled by such vehicle on the Interstate System in the State. (7) Termination of pilot program (A) In general Except as provided in subparagraph (B), the pilot program shall terminate on the date that is 10 years after the date of enactment of this subsection. (B) Additional application; continuation of authority For a period of 10 years beginning on the date described in subparagraph (A), the Secretary may continue the pilot program with respect to each State in the program, upon the application of a State and after consideration of— (i) the actual experience of the State under the pilot program; and (ii) any documents or other material submitted by the State in support of such an application. (8) Covered 6-axle vehicle defined In this subsection, the term covered 6-axle vehicle means a vehicle— (A) equipped with 6 or more axles; (B) for which the weight— (i) on any single axle of the vehicle does not exceed 20,000 pounds, including enforcement tolerances; (ii) on any tandem axle of the vehicle does not exceed 34,000 pounds, including enforcement tolerances; and (iii) on any group of three or more axles of the vehicle does not exceed 45,000 pounds, including enforcement tolerances; (C) for which the gross weight does not exceed the lesser of— (i) 91,000 pounds, including enforcement tolerances; and (ii) the maximum permitted by the bridge formula under subsection (a); and (D) that is not a longer combination vehicle, as such term is defined in subsection (d)(4). . 9. Haulers of Agriculture and Livestock Safety Act (a) Transportation of agricultural commodities and farm supplies Section 229 of the Motor Carrier Safety Improvement Act of 1999 ( 49 U.S.C. 31136 note; Public Law 106–159 ) is amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A) by striking during planting and harvest periods, as determined by each State, ; and (B) by striking subparagraph (A) and inserting the following: (A) drivers transporting agricultural commodities within a 150 air-mile radius from— (i) the source of the agricultural commodities; or (ii) the destination of the agricultural commodities; ; and (2) in subsection (e)(8) by striking during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year and inserting and livestock feed . (b) Definition of agricultural commodity (1) In general Section 229(e) of the Motor Carrier Safety Improvement Act of 1999 ( 49 U.S.C. 31136 note; Public Law 106–159 ) is amended by striking paragraph (7) and inserting the following: (7) Agricultural commodity The term agricultural commodity has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (or a successor regulation). . (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise the definition of the term agricultural commodity in section 395.2 of title 49, Code of Federal Regulations, to include— (A) any nonprocessed product planted or harvested for food, feed, fuel, or fiber; (B) (i) any nonhuman living animal, including— (I) fish; (II) insects; and (III) livestock (as such term is defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 ); and (ii) the nonprocessed products of any nonhuman living animal, including— (I) milk; (II) eggs; and (III) honey; (C) nonprocessed forestry, aquacultural, horticultural, and floricultural commodities; (D) fresh or minimally processed fruits and vegetables, including fruits and vegetables that are rinsed, cooled, cut, ripened, or otherwise minimally processed, as determined by the Secretary; (E) animal feed, including the ingredients of animal feed; and (F) any additional agricultural or forest product, whether unprocessed or processed, including paper and packaging products and food and beverage products.