H. Rept. 113-225 - 113th Congress (2013-2014)
September 25, 2013, As Reported by the Transportation and Infrastructure Committee

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House Report 113-225 - 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




[House Report 113-225]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-225

======================================================================

 
    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.