Congress Debates Spending Bill

House Democratic opposition to relaxing a key financial measure was holding up passage of a $1 trillion omnibus funding bill that includes a suspension of the hours-of-service restart provision as Transport Topics went to press.

Republican leaders had planned a vote the afternoon of Dec. 11, but Democratic leader Nancy Pelosi of California took to the floor to oppose a provision that would reverse requirements of the Dodd-Frank financial law passed in 2010. She also objected to a proposal to expand the amount of contributions political donors could offer national parties.

This uncertainty raised the chances of a shutdown of government agencies. A short-term funding law keeping the government operating was set to expire at 11:59 p.m. Dec. 11.

To avoid a shutdown, the House was expected to vote on a short-term continuing funding resolution, which senators also would need to approve.

If Congress does not advance the omnibus legislation before it adjourns, the HOS restart suspension language would have to be reintroduced in the next Congress. Leading up to the House vote, President Obama announced his support for the omnibus despite his opposition to several individual provisions.

Sen. Susan Collins of Maine, the top Republican on a transportation funding subcommittee, had secured the inclusion of the HOS suspension language in the massive omnibus bill.

Her provision would suspend for the remainder of fiscal 2015 a requirement that drivers take off two consecutive periods of 1 a.m. to 5 a.m. during a 34-hour restart.

Also, it would require the Department of Transportation to “initiate a naturalistic study of the operational, safety, health and fatigue impacts” of the restart.

Rep. Richard Hanna (R-N.Y.), a member of the Transportation and Infrastructure Committee who had proposed an extensive study of the restart, said he was “pleased that my colleagues in both chambers agree that there are legitimate concerns with the 34-hour restart rule. Federal agencies should have an obligation to prove that new rules and regulations do not cause more harm than good — in terms of both safety and costs.”

Trucking industry officials have strongly defended Collins’ proposal.

Sean McNally, American Trucking Associations vice president of public affairs, said the federation was “pleased that the Collins language is included in the fiscal 2015 omnibus spending bill.”

The federation repeatedly asked its membership to press Congress to approve the legislation.

Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association, said that “small-business truckers know from personal experience that current restart restrictions compromise safety by forcing them onto the roads during the most congested and dangerous hours of morning traffic.”

Yet, the White House, along with key Democrats and a few consumer protection groups, came out against Collins’ proposal. On Dec. 10, during a House committee debate, Rep. Jim McGovern (D-Mass.), said that advancing Collins’ proposal would “make our roads less safe.”

Several days earlier, Jackie Gillan, president of the Advocates for Highway and Auto Safety, led a press conference on Capitol Hill to urge lawmakers to oppose Collins’ efforts.

Transportation Secretary Anthony Foxx also wrote a blog critical of the provision.

“Now, there are efforts in Congress to suspend the update to the restart provision through a rider that could be included in the final appropriations bill for the year,” Foxx said. “I have voiced my strong objection to that rider.

“This rider will have the effect of once again allowing a segment of the trucking industry to operate an average of as many as 82 hours per week,” he said. “The best science tells us that’s unsafe and will put lives at risk. Our responsibility to the traveling public requires us to warn Congress of these risks and urge reconsideration,”

The HOS provision that took effect in July 2013 allows truck drivers who reach a maximum 70 hours of driving within a week to resume their work if they account for 34 consecutive hours of rest. That restart period must include at least two nights from 1 a.m. to 5 a.m.

Overall, the omnibus calls for providing transportation programs with nearly $18 billion. Highway funding would stay at its annual authorized level of about $41 billion, with transit funding at nearly $9 billion.

Under the bill, the Transportation Investment Generating Economic Recovery infrastructure grants program would receive $500 million, and DOT would have to wrap up regulations on tank car design for crude oil rail shipments by Jan. 15.

It also would allow members of multi-employer pension plans to vote to approve cuts in vested benefits suggested by the plan trustees. The proposal is meant to avert potential bailouts by the Pension Benefit Guaranty Corp.

Senate Majority Leader Harry Reid (D-Nev.) said his chamber still would proceed with consideration of a tax extender bill, after voting on the omnibus. Tax credits that expired last December have awaited renewal all year, including those for buying new trucks or producing biodiesel and for anyone who fills vehicles with natural gas.