[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3408 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3408
To establish an apprenticeship program for commercial drivers under the
age of 21, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Crawford (for himself and Mr. Cuellar) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To establish an apprenticeship program for commercial drivers under the
age of 21, 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 ``Developing Responsible Individuals
for a Vibrant Economy Safe Integrity Act of 2023'' or the ``DRIVE Safe
Integrity Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Seamless, efficient, and resilient supply chains are
essential to the production and delivery of goods across the
nation to meet the needs of American consumers and maintain the
economic security of the country.
(2) These supply chains are heavily dependent on trucking
across a variety of sectors and require a steady pipeline of
professional truck drivers to transport goods in a safe and
timely manner.
(3) In 2022, the shortage of qualified drivers reached a
near-record level of 78,000. The already substantial shortage
is expected to increase to 160,000 drivers by 2031 absent any
changes to the status quo.
(4) Over the next decade, roughly 1,200,000 new drivers
will need to be hired to keep pace with increasing demand and
the aging workforce.
(5) Trucking is a crucial profession that links every
component of the supply chain, and it offers diverse
opportunities to workers, from over the road to local and
regional trucking, and fulfilling careers with family-
sustaining salaries, all without the debt that often
accompanies a college degree.
(6) Regulatory barriers prevent motor carriers from
offering these pathways to 18- to 20-year-olds who may
otherwise want to pursue a career in trucking, resulting in the
loss of these individuals to other professions.
(7) To address these barriers and confront the driver
shortage, Congress included section 23022 in the Infrastructure
Investment and Jobs Act, which requires the Secretary of
Transportation to create a pilot program for commercial drivers
between the ages of 18 and 20.
(8) Section 23022 of the Infrastructure Investment and Jobs
Act was based on bicameral bipartisan legislation, the
``Developing Responsible Individuals for a Vibrant Economy
Act'' or the ``DRIVE-SAFE Act''.
(9) To meet the requirements of section 23022 of the
Infrastructure Investment and Jobs Act, the U.S. Department of
Transportation established the Safe Driver Apprenticeship Pilot
Program.
(10) The 3-year pilot program included in the
Infrastructure Investment and Jobs Act was the result of a
carefully crafted bipartisan compromise by the Senate Commerce
Committee.
(11) The pilot program enables 18- to 20-year-old drivers
to receive rigorous training as professional truck drivers and
drive in interstate commerce, much as they are able to do in
intrastate commerce in 49 States plus the District of Columbia.
(12) For purposes of the pilot program, section 23022 of
the Infrastructure Investment and Jobs Act defined the term
``apprentice'' as an individual who is under the age of 21 and
holds a commercial driver's license.
(13) As directed by section 23022 of the Infrastructure
Investment and Jobs Act, this pilot program requires advanced
safety equipment and hours of supervision that go significantly
beyond the requirements that 18- to 20-year-olds must fulfill
in order to receive a commercial driver's license to operate in
intrastate commerce in those 49 States plus the District of
Columbia.
(14) Through this pilot program, modeled in part on
graduated drivers licensing concepts that have been found to
improve the safety of new drivers, the U.S. Department of
Transportation is able to collect data demonstrating that
individuals who receive rigorous training and develop good
habits early in their career can safely operate motor vehicles
in interstate commerce.
(15) Congress supports the successful implementation of the
Safe Driver Apprenticeship Pilot Program and should consider
actions to ensure that program requirements not specified in
the statute do not limit or inhibit participation in the pilot
program or the ability to collect sufficient and credible data.
SEC. 3. REPORT ON APPRENTICESHIP PROGRAM.
(a) In General.--Not later than 90 days after the Federal Motor
Carrier Safety Administration begins accepting applications from motor
carriers to participate in the apprenticeship pilot program under
section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C.
31315 note), and quarterly thereafter, the Secretary of Transportation
shall provide to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the status of the Safe Driver
Apprenticeship Pilot Program.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The number of motor carriers that have applied to
participate in the apprenticeship pilot program and the number
of motor carriers approved by the Federal Motor Carrier Safety
Administration to participate in the program.
(2) The number of motor carriers that are prequalified but
have not provided the Federal Motor Carrier Safety
Administration with a valid registered apprenticeship number.
(3) The number of experienced drivers that have applied to
participate in the program and the number of experienced
drivers approved by the Federal Motor Carrier Safety
Administration to participate in the program.
(4) The number of prospective apprentices that have applied
to participate in the program and the number of apprentices
approved by the Federal Motor Carrier Safety Administration to
participate in the program.
(5) The number of apprentices currently participating in
the program.
(6) The number of apprentices who have been removed from
the program, as well as an explanation for each removal.
(7) The number of apprentices who have withdrawn from the
program, as well as an explanation for each withdrawal.
(8) The average number of days for the Federal Motor
Carrier Safety Administration to process applications from
motor carriers, experienced drivers, and prospective
apprentices to participate in the program.
(9) A description of any incidents in which the Federal
Motor Carrier Safety Administration took longer than 30 days to
approve or reject an application from a motor carrier,
experienced driver, or prospective apprentice to participate in
the program.
(10) A description of program requirements currently in
effect that were not specifically mandated in section 23022 of
the Infrastructure Investment and Jobs Act (49 U.S.C. 31315
note), including justifications for the inclusion of these
program requirements as well as expected implications on motor
carrier, experienced driver, and prospective apprentice
participation.
(c) Promotion.--Notwithstanding any other provision of law, the
Secretary of Transportation shall promote the apprenticeship pilot
program under section 23022 of the Infrastructure Investment and Jobs
Act (49 U.S.C. 31315 note) and, if necessary, remove requirements for
participation in the program that go beyond section 23022 of the
Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note) in order
to improve participation rates and collect sufficient data.
SEC. 4. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an employee
under the age of 21 who holds a commercial driver's license
required to operate a class of vehicles described in part 383
of title 49, Code of Federal Regulations.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a commercial motor vehicle that meets the
definition under paragraph (1) or (4) of the definition of the
term ``commercial motor vehicle'' in section 390.5 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Employee.--The term ``employee'' has the meaning given
such term in section 31132 of title 49, United States Code.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 31132 of title 49, United States Code.
(7) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not less than 21 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (c)(3)(B);
(C) has had no preventable accidents reportable to
the Department of Transportation or pointed moving
violations during the 1-year period ending on the date
on which the individual serves as an experienced driver
under subsection (c)(3)(B); and
(D) has a minimum of 2 years of experience driving
a commercial motor vehicle in interstate commerce.
(8) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(9) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentice.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while taking part in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (1).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
are driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Interstate, city traffic, rural 2-lane,
and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), the apprentice
shall complete 280 hours of on-duty time, of which not
less than 160 hours are driving time in a commercial
motor vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(3) Restrictions for 120-hour and 280-hour probationary
periods.--During the 120-hour probationary period under
paragraph (1) and the 280-hour probationary period under
paragraph (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(4) Records retention.--The employer shall maintain
records, in a manner required by the Secretary, relating to the
satisfaction of the requirements of paragraphs (1)(B) and
(2)(B) by the apprentice.
(5) Reportable incidents.--If the apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--The apprentice shall be
considered to have completed the apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this Act prevents an
employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act prevents an
employer from requiring or installing additional
technologies in a commercial motor vehicle in addition
to the technologies described in paragraph (3)(A).
(d) Regulations.--Notwithstanding any other provision of law, not
later than 1 year after the sunset of the apprenticeship pilot program
under section 23022 of the Infrastructure Investment and Jobs Act (49
U.S.C. 31315 note), barring credible and sufficient data from a
representative sample producing evidence that drivers participating in
the pilot program are less safe than drivers operating a commercial
motor vehicle in interstate or intrastate commerce on the day before
the date of enactment of such Act, the Secretary of Transportation
shall promulgate regulations for commercial drivers between the ages of
18 and 20, pursuant to this section.
(e) No Effect on License Requirement.--Nothing in this Act exempts
an apprentice from any requirement to hold a commercial driver's
license in order to operate a commercial motor vehicle.
(f) Employer Responsibility.--An employer shall not knowingly
allow, require, permit, or authorize a driver under the age of 21 to
operate a commercial motor vehicle in interstate commerce unless the
driver is participating in or has completed an apprenticeship program
that meets the requirements of subsection (c).
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