[House Report 118-931]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-931
======================================================================
MOTOR CARRIER SAFETY SCREENING MODERNIZATION
ACT
_______
December 19, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3356]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3356) to amend title 49, United
States Code, with respect to employment screening for the motor
carrier industry, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings and Recommendations................. 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Safety Screening
Modernization Act''.
SEC. 2. SAFETY PERFORMANCE HISTORY SCREENING.
Section 31150 of title 49, United States Code, is amended--
(1) in subsection (a) by inserting ``and employment'' after
``preemployment'' ;
(2) in subsection (b)--
(A) in paragraph (2) by inserting ``operator or''
before ``operator-applicant's''; and
(B) by inserting ``operator or'' before ``operator-
applicant'' each place it appears; and
(3) in subsection (c)--
(A) by inserting ``or employment'' after
``preemployment'' each place it appears; and
(B) by inserting ``operator or'' before ``operator-
applicant''.
SEC. 3. DATAQ IMPROVEMENT.
Section 31150 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Data Subject to Review.--Not later than 1 year after the date
of enactment of the Motor Carrier Safety Screening Modernization Act,
the Secretary shall ensure that during any period in which a safety
violation is being contested, the report on such violation is labeled
in a manner that indicates such violation is being contested in the
Motor Carrier Management Information System and in any other relevant
databases, including the Employment Screening Program, the Safety
Measurement System, and Analysis and Information Online, until the
review of the contested violation is complete.
``(e) DataQ Appeals Process.--Not later than 1 year after the date of
enactment of the Motor Carrier Safety Screening Modernization Act, the
Secretary shall promulgate DataQ program participation guidelines that
direct States and other Federal agencies receiving funds under the
Motor Carrier Safety Assistance Program to provide for an appeals
process by which--
``(1) following the conclusion of a request for data review,
an affected party may appeal the disposition of such review;
and
``(2) an appeal of such disposition is adjudicated in a
reasonable period of time by a person or persons other than the
person that issued the violation.''.
Purpose of Legislation
The purpose of H.R. 3356, as amended, is to amend title 49,
United States Code, with respect to employment screening for
the motor carrier industry, and for other purposes.
Background and Need for Legislation
The goal of H.R. 3356, as amended, is to improve commercial
motor vehicle (CMV) safety by allowing commercial motor
carriers to access the Federal Motor Carrier Safety
Administration's (FMCSA's) voluntary Pre-employment Screening
Program (PSP) for the records of both prospective and current
employees, and authorizes a process for CMV operators to
challenge data contained within their driving records. FMCSA's
PSP was established pursuant to authority provided in P.L. 109-
59 and provides commercial motor carriers with electronic
access to certain data contained within a prospective CMV
operator's inspection and crash records as part of the initial
hiring process. This data includes five years of CMV crash
information and three years of recent serious safety
violations, which include, but are not limited to, excessive
speeding, reckless driving, and tailgating citations.\1\
Participation in the PSP by carriers and drivers is
voluntary.\2\
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\1\49 U.S.C. Sec. 383.51.
\2\U.S. Dep't of Transp., FMCSA, Frequently Asked Questions,
available at https://www.psp.fmcsa.dot.gov/psp/FAQ.
---------------------------------------------------------------------------
A CMV operator's written consent is needed in order for
motor carriers to access this information,\3\ and it can only
be released in accordance with the Fair Credit Reporting
Act.\4\ Additionally, a CMV operator may choose to receive free
notifications whenever their PSP record changes, and may
request copies of their record 24 hours a day for a small fee.
Motor carriers must pay a fee in order to access an applicant's
record.\5\
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\3\Id.
\4\49 U.S.C. Sec. 31150.
\5\U.S. Dep't of Transp., FMCSA, Are You a Driver?, available at
https://www.psp.fmcsa.dot.gov/psp/drivers.
---------------------------------------------------------------------------
FMCSA has determined that carriers using PSP saw an eight
percent reduction in crashes and a 17 percent reduction in out-
of-service events.\6\ Under current law, the PSP is only
available to motor carriers during the initial hiring process
and does not allow carriers to pay to access to the safety
information for current employees. H.R. 3356, as amended,
allows motor carriers to access the safety records of both
prospective and current drivers.
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\6\U.S. Dep't of Transp., FMCSA, Safety Analysis and Industry
Impacts of the Pre-Employment Screening Program, (Oct. 2013), available
at https://www.psp.fmcsa.dot.gov/pspApi/Documents/PSP Safety-Impact-
analysis-brief.pdf.
---------------------------------------------------------------------------
Commercial motor vehicle operators may be employed by
multiple motor carriers in multiple jurisdictions. Access to
comprehensive operator safety data impacts safety operations.
Accessing the PSP may provide carriers with more ready access
to the safety information that is currently only available to
carriers on a state-by-state basis. H.R. 3356, as amended,
authorizes carriers to access data, and make employment
decisions based on that data, for both prospective and current
drivers. Under current law, PSP only authorizes carriers to
make hiring decisions based on the safety record of a
prospective employee.
FMCSA's DataQs program allows commercial motor vehicle
operators to challenge inaccurate or misattributed roadside
inspection and crash data.\7\ Currently, DataQs allows data
challenges to be adjudicated by the law enforcement official
who issued the original violation. However, the system does not
provide an indication on an operator's record that the data is
being challenged or under review, which in turn may lead to
misperceptions regarding the accuracy of the data in the
system. H.R. 3356 directs FMCSA to update the DataQs appeals
process by creating a label for violations and crashes that are
under review. Additionally, H.R. 3356 requires that challenges
must be adjudicated by an official different than the official
who issued the original violation.
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\7\U.S. Dep't of Transp., DataQs Fact Sheet and User Roles, (Apr.
2022), available at https://dataqs.fmcsa.dot.gov/DataQs/Data/
Factsheets/DataQs_Factsheet.pdf?v=1.
---------------------------------------------------------------------------
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress the following hearing was used to develop or
consider H.R. 3356:
On February 1, 2023, the Committee on Transportation and
Infrastructure held a hearing entitled, ``The State of
Transportation Infrastructure and Supply Chain Challenges.''
The hearing provided an opportunity for Members of the
Committee to discuss the state of our Nation's transportation
infrastructure, the implementation of the Infrastructure
Investment and Jobs Act (IIJA) (P.L. 117-58) and received
updates on North American supply chain challenges. Members
heard testimony from Mr. Chris Spear, President and Chief
Executive Officer of the American Trucking Associations (ATA);
Mr. Ian Jeffries, President and Chief Executive Officer of the
Association of American Railroads (AAR); Mr. Jeff Firth, Vice
President of Hamilton Construction, on behalf of the Associated
General Contractors of America (AGC); Mr. Roger Guenther,
Executive Director of the Port of Houston; and Mr. Greg Regan,
President of Transportation Trades Department, AFL-CIO (TTD).
The witnesses testified about the need to address National
supply chain policies, including surface transportation safety
and efficiency challenges.
Legislative History and Consideration
H.R. 3356, the Motor Carrier Safety Screening Improvement
Act, was introduced in the United States House of
Representatives on May 16, 2023, by Representative Garret
Graves of Louisiana and referred to the Committee on
Transportation and Infrastructure. Within the Committee on
Transportation and Infrastructure, H.R. 3356 was referred to
the Subcommittee on Highways and Transit. The Subcommittee on
Highways and Transit was discharged from further consideration
of H.R. 3356 on September 18, 2024.
The Committee considered H.R. 3356 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by a recorded vote of
32 yeas to 31 nays.
The following amendments were offered:
An amendment in the nature of a substitute to H.R. 3356
offered by Mr. Graves of Louisiana was AGREED TO by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Vote 52.
Final passage: H.R. 3356, as amended.
Yea 32; Nay 31.
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Member Vote Member Vote
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Mr. Graves of MO................................ Y Mr. Larsen of WA.................. N
Mr. Crawford.................................... Y Ms. Norton........................ N
Mr. Webster of FL............................... Y Mrs. Napolitano................... N
Mr. Massie...................................... Y Mr. Cohen......................... N
Mr. Perry....................................... Y Mr. Garamendi..................... N
Mr. Babin....................................... Y Mr. Johnson of GA................. N
Mr. Graves of LA................................ Y Mr. Carson........................ N
Mr. Rouzer...................................... Y Ms. Titus......................... N
Mr. Bost........................................ Y Mr. Huffman....................... N
Mr. LaMalfa..................................... ............ Ms. Brownley...................... N
Mr. Westerman................................... Y Ms. Wilson of FL.................. N
Mr. Mast........................................ Y Mr. DeSaulnier.................... N
Mrs. Gonzalez-Colon............................. Y Mr. Carbajal...................... N
Mr. Stauber..................................... Y Mr. Stanton....................... N
Mr. Burchett.................................... Y Mr. Allred........................ N
Mr. Johnson of SD............................... Y Ms. Davids of KS.................. N
Mr. Van Drew.................................... Y Mr. Garcia of IL.................. N
Mr. Nehls....................................... Y Mr. Pappas........................ N
Mr. Mann........................................ Y Mr. Moulton....................... N
Mr. Owens....................................... Y Mr. Auchincloss................... N
Mr. Yakym....................................... Y Ms. Strickland.................... N
Mrs. Chavez-DeRemer............................. Y Mr. Carter of LA.................. N
Mr. Kean of NJ.................................. Y Mr. Ryan.......................... N
Mr. D'Esposito.................................. ............ Mrs. Peltola...................... N
Mr. Burlison.................................... Y Mr. Menendez...................... N
Mr. Van Orden................................... Y Ms. Hoyle of OR................... N
Mr. Williams of NY.............................. Y Mrs. Sykes........................ N
Mr. Molinaro.................................... N Ms. Scholten...................... N
Mr. Collins..................................... Y Mrs. Foushee...................... N
Mr. Ezell....................................... Y Mr. Deluzio....................... N
Mr. Duarte...................................... Y
Mr. Bean of FL.................................. Y
Ms. Maloy....................................... Y
Mr. Kiley....................................... Y
Mr. Fong........................................ Y
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Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
improve CMV safety by expanding access to FMCSA's voluntary
safety data screening program for both prospective and current
employees, while also establishing a process for drivers to
challenge data on their driving records.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3356 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 3356 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Motor Carrier Safety Screening Modernization Act.''
Section 2. Safety performance history screening
This section amends section 31550 of title 49, United
States Code, allowing motor carriers to access safety records
for prospective and current drivers.
Section 3. DataQ improvement
This section amends section 31150 of title 49, United
States Code, by updating the DataQs process to notate when
violations and crashes are under review and establishing an
appeals process that requires challenges are adjudicated by a
person other than who issued the original violation.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31150. Safety performance history screening
(a) In General.--The Secretary of Transportation shall
provide persons conducting preemployment and employment
screening services for the motor carrier industry electronic
access to the following reports contained in the Motor Carrier
Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related
safety violations.
(3) Serious driver-related safety violation
inspection reports.
(b) Conditions on Providing Access.--Before providing a
person access to the Motor Carrier Management Information
System under subsection (a), the Secretary shall--
(1) ensure that any information that is released to
such person will be in accordance with the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) and all other
applicable Federal law;
(2) ensure that such person will not conduct a
screening without the operator or operator-applicant's
written consent;
(3) ensure that any information that is released to
such person will not be released to any person or
entity, other than the motor carrier requesting the
screening services or the operator or operator-
applicant, unless expressly authorized or required by
law; and
(4) provide a procedure for the operator or operator-
applicant to correct inaccurate information in the
System in a timely manner.
(c) Design.--The process for providing access to the Motor
Carrier Management Information System under subsection (a)
shall be designed to assist the motor carrier industry in
assessing an individual operator's crash and serious safety
violation inspection history as a preemployment or employment
condition. Use of the process shall not be mandatory and may
only be used during the preemployment or employment assessment
of an operator or operator-applicant.
(d) Data Subject to Review.--Not later than 1 year after the
date of enactment of the Motor Carrier Safety Screening
Modernization Act, the Secretary shall ensure that during any
period in which a safety violation is being contested, the
report on such violation is labeled in a manner that indicates
such violation is being contested in the Motor Carrier
Management Information System and in any other relevant
databases, including the Employment Screening Program, the
Safety Measurement System, and Analysis and Information Online,
until the review of the contested violation is complete.
(e) DataQ Appeals Process.--Not later than 1 year after the
date of enactment of the Motor Carrier Safety Screening
Modernization Act, the Secretary shall promulgate DataQ program
participation guidelines that direct States and other Federal
agencies receiving funds under the Motor Carrier Safety
Assistance Program to provide for an appeals process by which--
(1) following the conclusion of a request for data
review, an affected party may appeal the disposition of
such review;
(2) an appeal of such disposition is adjudicated in a
reasonable period of time by a person or persons other
than the person that issued the violation.
[(d)] (f) Serious Driver-Related Safety Violation Defined.--
In this section, the term ``serious driver-related violation''
means a violation by an operator of a commercial motor vehicle
that the Secretary determines will result in the operator being
prohibited from continuing to operate a commercial motor
vehicle until the violation is corrected.
* * * * * * *
[all]