[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3413 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3413
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 HOUSE OF REPRESENTATIVES
October 30, 2013
Mr. Hanna (for himself, Mr. Rice of South Carolina, and Mr. Michaud)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
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 million Americans working in trucking-
related jobs, including more than 3 million 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 by
section 32301 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 completion of the field study and
submission of the report regarding such study by the
Administrator of the Federal Motor Carrier Safety
Administration, required by section 32301 of MAP-21, the
Comptroller General shall conduct an assessment of the
methodology followed by the Secretary of Transportation in
carrying out the efficacy of the restart rule published on
December 27, 2011.
(2) Purpose.--The purpose of the assessment shall be to
assess the extent to which the methodology meets the
requirement of 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) Purpose.--The purpose of the GAO assessment shall be--
(A) to conduct an analysis of the methodology and
data used by the Federal Motor Carrier Safety
Administration in its Regulatory Impact Analysis;
(B) to evaluate 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) to conduct 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) to review 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) review the research used in developing and
justifying the new restart rule, particularly as it
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 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) Delay in Application of Rule.--Effective as of the date of
enactment of this Act, the restart rule published by the Department of
Transportation in the Federal Register on December 27, 2011, shall have
no force or effect until 6 months after the study report required by
this Act has been submitted to Congress.
(b) Application of Previous Rule Provision.--For the period
specified under subsection (a), the 34-hour restart rule issued on
April 28, 2003 (68 Fed. Reg. 22456), shall be in effect.
(c) December 2011 Rule.--The Secretary shall not apply the rule
described in subsection (a) if the conclusions of the operational study
completed pursuant to MAP-21 do not support or concur with the
conclusions of the laboratory study on which the rule was based.
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