[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2259. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REGULATION OF DRIVERS OF PROPERTY-CARRYING 
                   COMMERCIAL MOTOR VEHICLES.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Transportation, acting 
     through the Administrator of the Federal Motor Carrier Safety 
     Administration.
       (b) Hours of Service.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, shall revise section 
     395.3 of title 49, Code of Federal Regulations--
       (A) to increase the maximum driving time for a driver of a 
     property-carrying commercial motor vehicle from 11 hours to 
     12 hours;
       (B) to establish a maximum on-duty time of 14 hours during 
     any 24-hour period (as defined in section 395.2 of that title 
     (or a successor regulation)) for a driver of a property-
     carrying commercial motor vehicle;
       (C) to provide that the on-duty time of a driver of a 
     property-carrying commercial motor vehicle may not begin 
     unless--
       (i)(I) the driver has first taken 10 consecutive hours off 
     duty; and
       (II) during the period of on-duty time, the driver complies 
     with all applicable requirements of section 395.3 of that 
     title, including the requirement described in subsection 
     (a)(3)(ii) of that section (or a successor regulation); or
       (ii) at the election of the driver--

       (I) the driver has taken 8 consecutive hours off duty;
       (II) during the period of on-duty time, the driver complies 
     with all applicable requirements of section 395.3 of that 
     title, including the requirement described in subsection 
     (a)(3)(ii) of that section (or a successor regulation); and
       (III) the driver--

       (aa) takes 2 rest breaks of 30 minutes each, which may be 
     taken separately or consecutively, at the election of the 
     driver, during the period of on-duty time if the driving time 
     of the driver during that period of on-duty time is not more 
     than 8 hours;
       (bb) takes 3 rest breaks of 30 minutes each, which, subject 
     to the requirement described in section 395.3(a)(3)(ii) of 
     that title (or a successor regulation), may be taken 
     separately or consecutively, at the election of the driver, 
     during the period of on-duty time if the driving time of the 
     driver during that period of on-duty time is more than 8, but 
     not more than 10, hours; or
       (cc) takes 4 rest breaks of 30 minutes each, which, subject 
     to the requirement described in section 395.3(a)(3)(ii) of 
     that title (or a successor regulation), may be taken 
     separately or consecutively, at the election of the driver, 
     during the period of on-duty time if the driving time of the 
     driver during that period of on-duty time is more than 10, 
     but not more than 12, hours;
       (D) to provide that any rest break taken by a driver shall 
     be considered to be off-duty time excluded from the 
     calculation of on-duty time;
       (E) to provide that the driving time of a driver of a 
     property-carrying commercial motor vehicle begins when the 
     driver is 150 air miles from the starting location of the 
     trip; and
       (F) to provide that, if, at the time that the driver of a 
     property-carrying commercial motor vehicle reaches 14 hours 
     of on-duty time or 12 hours of driving time, the driver is 
     within 150 air miles of the destination of the trip, as 
     established at the outset of the trip--
       (i) the driver may continue driving until that destination 
     is reached;
       (ii) the driving time of the driver shall exclude all 
     time--

       (I) during the period beginning when the driver reaches 12 
     hours of driving time and ending on completion of the trip; 
     and
       (II) that is necessary to reach, or otherwise complete the 
     trip at, that destination; and

       (iii) the on-duty time of the driver shall exclude all 
     time--

       (I) during the period beginning when the driver reaches 14 
     hours of on-duty time and ending on completion of the trip; 
     and
       (II) during which the driver carries out an activity 
     necessary to reach, or otherwise complete the trip at, that 
     destination, including any time described in paragraph (3) or 
     (5) of the definition of the term ``on-duty time'' in section 
     395.2 of that title (or a successor regulation).

       (2) Requirement.--In carrying out paragraph (1), the 
     Secretary shall not modify the limits described in section 
     395.3(b) of title 49, Code of Federal Regulations.
       (c) Commercial Driver's Licenses.--Not later than 90 days 
     after the date of enactment of this Act, the Secretary shall 
     revise section 391.11 of title 49, Code of Federal 
     Regulations, to lower the minimum age for obtaining a 
     commercial driver's license from 21 to 18 years of age.
                                 ______