[House Report 113-225]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-225
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TO ENSURE THAT ANY NEW OR REVISED REQUIREMENT PROVIDING FOR THE
SCREENING, TESTING, OR TREATMENT OF INDIVIDUALS OPERATING COMMERCIAL
MOTOR VEHICLES FOR SLEEP DISORDERS IS ADOPTED PURSUANT TO A RULEMAKING
PROCEEDING, AND FOR OTHER PURPOSES
_______
September 25, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3095]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3095) to ensure that any new or
revised requirement providing for the screening, testing, or
treatment of individuals operating commercial motor vehicles
for sleep disorders is adopted pursuant to a rulemaking
proceeding, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rulemakings............................... 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE OF LEGISLATION
H.R. 3095 ensures that any new or revised requirement
providing for the screening, testing, or treatment of
individuals operating commercial motor vehicles for sleep
disorders is adopted pursuant to a rulemaking proceeding.
BACKGROUND AND NEED FOR LEGISLATION
The Federal Motor Carrier Safety Administration (FMCSA)
requires operators of commercial motor vehicles to undergo a
physical evaluation by a certified medical examiner in order to
obtain a medical certificate. This certificate, which is valid
for up to 24 months, provides proof that the operator is
physically qualified to drive a commercial motor vehicle. This
authority is codified under section 31136(a)(3) of title 49,
United States Code.
Obstructive sleep apnea is a breathing-related sleep
disorder that causes interruptions during sleep. In 2011,
FMCSA's Medical Review Board and Motor Carrier Safety Advisory
Committee recommended that drivers with a Body Mass Index (BMI)
greater than or equal to 35 be evaluated for sleep apnea using
an objective test, in order to facilitate diagnosis of
obstructive sleep apnea.
On April 20, 2012, FMCSA issued a notice and request for
public comment in the Federal Register on proposed regulatory
guidance for medical certification of commercial motor vehicle
drivers in regards to obstructive sleep apnea. On April 27,
2012, FMCSA withdrew its proposed regulatory guidance for
obstructive sleep apnea citing a clerical error.
H.R. 3095 would require that any new or revised
requirements made to the medical certification of commercial
motor vehicle drivers for obstructive sleep apnea be made
through a rulemaking proceeding, not regulatory guidance. The
rulemaking approach provides stakeholders the opportunity to
comment on proposed requirements and requires FMCSA to conduct
a cost-benefit analysis of the proposal.
H.R. 3095 does not impact requirements for the screening,
testing, or treatment of individuals operating commercial motor
vehicles for sleep disorders effective before September 1,
2013.
HEARINGS
No hearings were held on H.R. 3095.
LEGISLATIVE HISTORY AND CONSIDERATION
On September 13, 2013, Rep. Larry Bucshon (for himself and
Rep. Daniel Lipinski, Rep. Radel, Rep. Farenthold, Rep. Young
of Alaska, Rep. Hanna, Rep. Gibbs, Rep. Ribble, Rep. Meehan,
and Rep. Southerland) introduced H.R. 3095. On September 19,
2013, the Committee on Transportation and Infrastructure met in
open session and ordered the bill reported favorably to the
House by voice vote with a quorum present.
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. There were no record votes taken in connection
with consideration of H.R. 3095.
COMMITTEE OVERSIGHT FINDINGS
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
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
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 and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 3095 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 24, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3095, a bill to
ensure that any new or revised requirement providing for the
screening, testing, or treatment of individuals operating
commercial motor vehicles for sleep disorders is adopted
pursuant to a rulemaking proceeding, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3095--A bill to ensure that any new or revised requirement
providing for the screening, testing, or treatment of
individuals operating commercial motor vehicles for sleep
disorders is adopted pursuant to a rulemaking proceeding, and
for other purposes
H.R. 3095 would require the Federal Motor Carrier Safety
Administration (FMCSA) within the Department of Transportation
to complete a formal rulemaking process if the agency decides
to establish requirements for commercial truckers to address
certain sleep disorders among drivers. Under current law, the
agency could issue such requirements without going through a
formal rulemaking process by issuing guidance to trucking
companies.
Based on information from FMCSA, CBO estimates that
enacting the legislation would not have a significant effect on
the federal budget. The agency has announced that it will
complete a rulemaking on this issue under current law. CBO
estimates that the bill would not affect revenues or direct
spending; therefore, pay-as-you-go procedures do not apply.
H.R. 3095 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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 ensure
any changes made by the Secretary of Transportation to
commercial motor vehicle operator requirements relating to
sleep disorders are done through a rulemaking.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 3095 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.
DISCLOSURE OF DIRECTED RULEMAKINGS
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 3095 could result in
the completion of a rulemaking within the meaning of section
551 of title 5, United States Code.
FEDERAL MANDATE 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 states that H.R. 3095 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF 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 LEGISLATION
Section 1. Commercial motor vehicle operator requirements relating to
sleep disorders
H.R. 3095 requires that any changes made by the Secretary
of Transportation to requirements for screening, testing, or
treatment of individuals operating commercial motor vehicles
for sleep disorders, after September 1, 2013, must be
promulgated through a rulemaking proceeding.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3095 does not amend existing law.