DRIVE Safe Integrity Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Developing Respon- 4 sible Individuals for a Vibrant Economy Safe Integrity Act 5 of 2023’’ or the ‘‘DRIVE Safe Integrity Act of 2023’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 (1) Seamless, efficient, and resilient supply 9 chains are essential to the production and delivery of 10 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3408 IH goods across the nation to meet the needs of Amer- 1 ican consumers and maintain the economic security 2 of the country. 3 (2) These supply chains are heavily dependent 4 on trucking across a variety of sectors and require 5 a steady pipeline of professional truck drivers to 6 transport goods in a safe and timely manner. 7 (3) In 2022, the shortage of qualified drivers 8 reached a near-record level of 78,000. The already 9 substantial shortage is expected to increase to 10 160,000 drivers by 2031 absent any changes to the 11 status quo. 12 (4) Over the next decade, roughly 1,200,000 13 new drivers will need to be hired to keep pace with 14 increasing demand and the aging workforce. 15 (5) Trucking is a crucial profession that links 16 every component of the supply chain, and it offers 17 diverse opportunities to workers, from over the road 18 to local and regional trucking, and fulfilling careers 19 with family-sustaining salaries, all without the debt 20 that often accompanies a college degree. 21 (6) Regulatory barriers prevent motor carriers 22 from offering these pathways to 18- to 20-year-olds 23 who may otherwise want to pursue a career in truck- 24 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3408 IH ing, resulting in the loss of these individuals to other 1 professions. 2 (7) To address these barriers and confront the 3 driver shortage, Congress included section 23022 in 4 the Infrastructure Investment and Jobs Act, which 5 requires the Secretary of Transportation to create a 6 pilot program for commercial drivers between the 7 ages of 18 and 20. 8 (8) Section 23022 of the Infrastructure Invest- 9 ment and Jobs Act was based on bicameral bipar- 10 tisan legislation, the ‘‘Developing Responsible Indi- 11 viduals for a Vibrant Economy Act’’ or the 12 ‘‘DRIVE-SAFE Act’’. 13 (9) To meet the requirements of section 23022 14 of the Infrastructure Investment and Jobs Act, the 15 U.S. Department of Transportation established the 16 Safe Driver Apprenticeship Pilot Program. 17 (10) The 3-year pilot program included in the 18 Infrastructure Investment and Jobs Act was the re- 19 sult of a carefully crafted bipartisan compromise by 20 the Senate Commerce Committee. 21 (11) The pilot program enables 18- to 20-year- 22 old drivers to receive rigorous training as profes- 23 sional truck drivers and drive in interstate com- 24 merce, much as they are able to do in intrastate 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3408 IH commerce in 49 States plus the District of Colum- 1 bia. 2 (12) For purposes of the pilot program, section 3 23022 of the Infrastructure Investment and Jobs 4 Act defined the term ‘‘apprentice’’ as an individual 5 who is under the age of 21 and holds a commercial 6 driver’s license. 7 (13) As directed by section 23022 of the Infra- 8 structure Investment and Jobs Act, this pilot pro- 9 gram requires advanced safety equipment and hours 10 of supervision that go significantly beyond the re- 11 quirements that 18- to 20-year-olds must fulfill in 12 order to receive a commercial driver’s license to op- 13 erate in intrastate commerce in those 49 States plus 14 the District of Columbia. 15 (14) Through this pilot program, modeled in 16 part on graduated drivers licensing concepts that 17 have been found to improve the safety of new driv- 18 ers, the U.S. Department of Transportation is able 19 to collect data demonstrating that individuals who 20 receive rigorous training and develop good habits 21 early in their career can safely operate motor vehi- 22 cles in interstate commerce. 23 (15) Congress supports the successful imple- 24 mentation of the Safe Driver Apprenticeship Pilot 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3408 IH Program and should consider actions to ensure that 1 program requirements not specified in the statute do 2 not limit or inhibit participation in the pilot program 3 or the ability to collect sufficient and credible data. 4 SEC. 3. REPORT ON APPRENTICESHIP PROGRAM. 5 (a) IN GENERAL.—Not later than 90 days after the 6 Federal Motor Carrier Safety Administration begins ac- 7 cepting applications from motor carriers to participate in 8 the apprenticeship pilot program under section 23022 of 9 the Infrastructure Investment and Jobs Act (49 U.S.C. 10 31315 note), and quarterly thereafter, the Secretary of 11 Transportation shall provide to the Committee on Com- 12 merce, Science, and Transportation of the Senate and the 13 Committee on Transportation and Infrastructure of the 14 House of Representatives a report on the status of the 15 Safe Driver Apprenticeship Pilot Program. 16 (b) CONTENTS.—The report under subsection (a) 17 shall include the following: 18 (1) The number of motor carriers that have ap- 19 plied to participate in the apprenticeship pilot pro- 20 gram and the number of motor carriers approved by 21 the Federal Motor Carrier Safety Administration to 22 participate in the program. 23 (2) The number of motor carriers that are 24 prequalified but have not provided the Federal 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3408 IH Motor Carrier Safety Administration with a valid 1 registered apprenticeship number. 2 (3) The number of experienced drivers that 3 have applied to participate in the program and the 4 number of experienced drivers approved by the Fed- 5 eral Motor Carrier Safety Administration to partici- 6 pate in the program. 7 (4) The number of prospective apprentices that 8 have applied to participate in the program and the 9 number of apprentices approved by the Federal 10 Motor Carrier Safety Administration to participate 11 in the program. 12 (5) The number of apprentices currently par- 13 ticipating in the program. 14 (6) The number of apprentices who have been 15 removed from the program, as well as an expla- 16 nation for each removal. 17 (7) The number of apprentices who have with- 18 drawn from the program, as well as an explanation 19 for each withdrawal. 20 (8) The average number of days for the Federal 21 Motor Carrier Safety Administration to process ap- 22 plications from motor carriers, experienced drivers, 23 and prospective apprentices to participate in the pro- 24 gram. 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3408 IH (9) A description of any incidents in which the 1 Federal Motor Carrier Safety Administration took 2 longer than 30 days to approve or reject an applica- 3 tion from a motor carrier, experienced driver, or pro- 4 spective apprentice to participate in the program. 5 (10) A description of program requirements 6 currently in effect that were not specifically man- 7 dated in section 23022 of the Infrastructure Invest- 8 ment and Jobs Act (49 U.S.C. 31315 note), includ- 9 ing justifications for the inclusion of these program 10 requirements as well as expected implications on 11 motor carrier, experienced driver, and prospective 12 apprentice participation. 13 (c) PROMOTION.—Notwithstanding any other provi- 14 sion of law, the Secretary of Transportation shall promote 15 the apprenticeship pilot program under section 23022 of 16 the Infrastructure Investment and Jobs Act (49 U.S.C. 17 31315 note) and, if necessary, remove requirements for 18 participation in the program that go beyond section 23022 19 of the Infrastructure Investment and Jobs Act (49 U.S.C. 20 31315 note) in order to improve participation rates and 21 collect sufficient data. 22 SEC. 4. APPRENTICESHIP PROGRAM FOR COMMERCIAL 23 DRIVERS UNDER THE AGE OF 21. 24 (a) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3408 IH (1) APPRENTICE.—The term ‘‘apprentice’’ 1 means an employee under the age of 21 who holds 2 a commercial driver’s license required to operate a 3 class of vehicles described in part 383 of title 49, 4 Code of Federal Regulations. 5 (2) COMMERCIAL DRIVER’S LICENSE.—The 6 term ‘‘commercial driver’s license’’ has the meaning 7 given the term in section 31301 of title 49, United 8 States Code. 9 (3) COMMERCIAL MOTOR VEHICLE.—The term 10 ‘‘commercial motor vehicle’’ means a commercial 11 motor vehicle that meets the definition under para- 12 graph (1) or (4) of the definition of the term ‘‘com- 13 mercial motor vehicle’’ in section 390.5 of title 49, 14 Code of Federal Regulations (as in effect on the 15 date of enactment of this Act). 16 (4) DRIVING TIME.—The term ‘‘driving time’’ 17 has the meaning given the term in section 395.2 of 18 title 49, Code of Federal Regulations (as in effect on 19 the date of enactment of this Act). 20 (5) EMPLOYEE.—The term ‘‘employee’’ has the 21 meaning given such term in section 31132 of title 22 49, United States Code. 23 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3408 IH (6) EMPLOYER.—The term ‘‘employer’’ has the 1 meaning given such term in section 31132 of title 2 49, United States Code. 3 (7) EXPERIENCED DRIVER.—The term ‘‘experi- 4 enced driver’’ means an individual who— 5 (A) is not less than 21 years of age; 6 (B) has held a commercial driver’s license 7 for the 2-year period ending on the date on 8 which the individual serves as an experienced 9 driver under subsection (c)(3)(B); 10 (C) has had no preventable accidents re- 11 portable to the Department of Transportation 12 or pointed moving violations during the 1-year 13 period ending on the date on which the indi- 14 vidual serves as an experienced driver under 15 subsection (c)(3)(B); and 16 (D) has a minimum of 2 years of experi- 17 ence driving a commercial motor vehicle in 18 interstate commerce. 19 (8) ON-DUTY TIME.—The term ‘‘on-duty time’’ 20 has the meaning given the term in section 395.2 of 21 title 49, Code of Federal Regulations (as in effect on 22 the date of enactment of this Act). 23 (9) POINTED MOVING VIOLATION.—The term 24 ‘‘pointed moving violation’’ means a violation that 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3408 IH results in points being added to the license of a driv- 1 er, or a similar comparable violation, as determined 2 by the Secretary. 3 (10) SECRETARY.—The term ‘‘Secretary’’ 4 means the Secretary of Transportation. 5 (b) APPRENTICE.—An apprentice may— 6 (1) drive a commercial motor vehicle in inter- 7 state commerce while taking part in the 120-hour 8 probationary period under subsection (c)(1) or the 9 280-hour probationary period under subsection 10 (c)(2), pursuant to an apprenticeship program estab- 11 lished by an employer in accordance with this sec- 12 tion; and 13 (2) drive a commercial motor vehicle in inter- 14 state commerce after the apprentice completes an 15 apprenticeship program described in paragraph (1). 16 (c) APPRENTICESHIP PROGRAM.—An apprenticeship 17 program referred to in subsection (b) is a program that 18 consists of the following requirements: 19 (1) 120-HOUR PROBATIONARY PERIOD.— 20 (A) IN GENERAL.—The apprentice shall 21 complete 120 hours of on-duty time, of which 22 not less than 80 hours are driving time in a 23 commercial motor vehicle. 24 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3408 IH (B) PERFORMANCE BENCHMARKS.—In 1 order to complete the 120-hour probationary 2 period under subparagraph (A), an employer 3 shall determine that the apprentice is com- 4 petent in each of the following areas: 5 (i) Interstate, city traffic, rural 2- 6 lane, and evening driving. 7 (ii) Safety awareness. 8 (iii) Speed and space management. 9 (iv) Lane control. 10 (v) Mirror scanning. 11 (vi) Right and left turns. 12 (vii) Logging and complying with 13 rules relating to hours of service. 14 (2) 280-HOUR PROBATIONARY PERIOD.— 15 (A) IN GENERAL.—After completing the 16 120-hour probationary period under paragraph 17 (1), the apprentice shall complete 280 hours of 18 on-duty time, of which not less than 160 hours 19 are driving time in a commercial motor vehicle. 20 (B) PERFORMANCE BENCHMARKS.—In 21 order to complete the 280-hour probationary 22 period under subparagraph (A), an employer 23 shall determine that the apprentice is com- 24 petent in each of the following areas: 25 VerDate Sep 11 2014 01:01 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3408.IH H3408 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3408 IH (i) Backing and maneuvering in close 1 quarters. 2 (ii) Pre-trip inspections. 3 (iii) Fueling procedures. 4 (iv) Weighing loads, weight distribu- 5 tion, and sliding tandems. 6 (v) Coupling and uncoupling proce- 7 dures. 8 (vi) Trip planning, truck routes, map 9 reading, navigation, and permits. 10 (3) RESTRICTIONS FOR 120-HOUR AND 280- 11 HOUR PROBATIONARY PERIODS.—During the 120- 12 hour probationary period under paragraph (1) and 13 the 280-hour probationary period under paragraph 14 (2)— 15 (A) the apprentice may only dr [Text truncated for display. 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