[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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