Sec. 4308. Screening for obstructive sleep apnea
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Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall— assess the risk posed by untreated obstructive sleep apnea in drivers of commercial motor vehicles and the feasibility, benefits, and costs associated with establishing screening criteria for obstructive sleep apnea in drivers of commercial motor vehicles; issue a notice in the Federal Register containing the independently peer-reviewed findings of the assessment required under paragraph
(1)not later than 30 days after completion of the assessment and provide an opportunity for public comment; and if the Secretary contracts with an independent third party to conduct the assessment required under paragraph (1), ensure that the independent third party shall not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation, the motor carrier industry, or driver advocacy organizations. Not later than 12 months after the date of enactment of this Act, the Secretary shall publish in the Federal Register a proposed rule to establish screening criteria for obstructive sleep apnea in commercial motor vehicle drivers and provide an opportunity for public comment. Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule to establish screening criteria for obstructive sleep apnea in commercial motor vehicle drivers. In this section: The term commercial motor vehicle has the meaning given such term in section 31132 of title 49, United States Code. The term motor carrier has the meaning given such term in section 13102 of title 49, United States Code.