[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1891 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1891

To require a study and report by the Comptroller General regarding the 
 restart provision of the Hours of Service Rules for Commercial Truck 
                    Drivers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2013

Ms. Ayotte (for herself and Mr. Johanns) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require a study and report by the Comptroller General regarding the 
 restart provision of the Hours of Service Rules for Commercial Truck 
                    Drivers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``True Understanding of the Economy 
and Safety Act'' or the ``TRUE Safety Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the trucking industry is the backbone of the Nation's 
        economy, with nearly 7,000,000 Americans working in trucking-
        related jobs, including more than 3,000,000 commercial truck 
        drivers;
            (2) 80 percent of all communities in the United States 
        depend solely on trucks to deliver and supply their essential 
        everyday commodities;
            (3) Federal regulations governing the hours of service for 
        commercial truck drivers must be based on full and fair 
        scientific research, analysis, and operational testing;
            (4) the restart rule that became effective on July 1, 2013, 
        was based mainly on a one-month sleep study conducted in a 
        laboratory setting;
            (5) the new restart rule will cost the trucking industry up 
        to $376,000,000 annually, reducing productivity, impacting 
        driver pay, and increasing the cost to deliver goods; and
            (6) the restart rule should not have become effective prior 
        to completion of the thorough operational study required under 
        section 32301(a) of the Moving Ahead for Progress in the 21st 
        Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786).

SEC. 3. GAO ASSESSMENTS.

    (a) Assessment of Methodology for MAP-21 Restart Study.--
            (1) In general.--After the report regarding the field study 
        on the efficacy of the restart rule, published on December 27, 
        2011, is submitted to Congress pursuant to section 32301(a) of 
        MAP-21, the Comptroller General of the United States shall 
        conduct an assessment of the methodology followed by the 
        Secretary of Transportation in carrying out the efficacy of 
        such restart rule.
            (2) Scope.--The assessment required under paragraph (1) 
        shall determine the extent to which the methodology followed by 
        the Secretary meets the requirement under MAP-21 that--
                    (A) the data collected is representative of the 
                drivers subject to the restart rule;
                    (B) the methodology is statistically valid; and
                    (C) the study followed the plan for the 
                ``Scheduling and Fatigue Recovery Project'' developed 
                by the Federal Motor Carrier Safety Administration.
    (b) Assessment of Regulatory Impact Analysis.--
            (1) In general.--The Comptroller General shall conduct an 
        assessment of the regulatory impact analysis that accompanied 
        the final rule published by the Department of Transportation in 
        the Federal Register on December 27, 2011, entitled ``Hours of 
        Service of Drivers'' (76 Fed. Reg. 81134).
            (2) Scope.--The assessment required under paragraph (1) 
        shall include--
                    (A) an analysis of the methodology and data used by 
                the Federal Motor Carrier Safety Administration in its 
                Regulatory Impact Analysis;
                    (B) an evaluation of the validity and 
                representativeness of the driver data used to evaluate 
                the operational and economic impacts of the new 34-hour 
                restart rule applicable to operators of commercial 
                motor vehicles;
                    (C) an analysis of the data and methodology used to 
                develop the proposed safety and health benefits of the 
                new 34-hour restart rule applicable to operators of 
                commercial motor vehicles;
                    (D) a review of the safety, health, cost, and 
                operational implications of the restart rule, and the 
                potential impact of a greater number of commercial 
                motor vehicles on major roads during ``morning 
                commutes'' as a result of the restart rule; and
                    (E) a review of the research used in developing and 
                justifying the new restart rule, particularly as the 
                rule relates to the use of a laboratory test to justify 
                the rule rather than an operational test in the field.
    (c) Reports.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit a final report to the 
appropriate committees of Congress on the assessments required under 
subsections (a) and (b), including any recommendations.

SEC. 4. DELAY IN APPLICATION OF RULE.

    (a) In General.--The restart rule published by the Department of 
Transportation in the Federal Register on December 27, 2011, shall have 
no force or effect during the period beginning on the date of the 
enactment of this Act and ending 6 months after the Comptroller General 
submits the report required under section 3(c).
    (b) Application of Previous Rule Provision.--The 34-hour restart 
rule issued on April 28, 2003 (68 Fed. Reg. 22456), shall be in effect 
during the period described in subsection (a).
    (c) December 2011 Rule.--The Secretary of Transportation shall not 
apply the rule described in subsection (a) if the conclusions of the 
field study completed pursuant to section 32301(a) of MAP-21 do not 
support or concur with the conclusions of the laboratory study on which 
such rule was based.
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