69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–189 

ADVANCE ACT 

JUNE 23, 2017.—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. 2258] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2258) to require that certain standards 

for commercial driver’s licenses applicable to former members of 

the armed services or reserves also apply to current members of 

the armed services or reserves, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended 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 Rule Makings ..................................................................... 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 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Active Duty Voluntary Acquisition of Necessary 

Credentials for Employment Act’’ or the ‘‘ADVANCE Act’’. 

SEC. 2. COMMERCIAL DRIVER’S LICENSE STANDARDS FOR SERVICE MEMBERS AND VETERANS. 

Section 31305(d) of title 49, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘VETERAN OPERATORS’’ and inserting ‘‘SERVICE MEMBERS, RESERVISTS, AND VETERANS’’; 

(2) in paragraph (1)(B), by striking ‘‘subparagraph (A) during’’ and inserting 

‘‘subparagraph (A)— 

‘‘(i) while serving in the armed forces or reserve components; and 

‘‘(ii) during’’; and 

(3) in paragraph (2)(B), by inserting ‘‘current or’’ before ‘‘former’’ each place 

the term appears. 

PURPOSE OF LEGISLATION

H.R. 2258 exempts current members of the armed services or reserve components from certain testing requirements to obtain commercial driver’s licenses if they had qualifying experience while 

serving in the armed services or reserve components. 

BACKGROUND AND NEED FOR LEGISLATION

The Fixing America’s Surface Transportation Act (FAST Act; P.L. 

114–94) authorized the Federal Motor Carrier Safety Administration to exempt former members of the armed services or reserve 

components from certain testing requirements for commercial driver’s licenses if they had qualifying experience while serving in the 

armed services or reserve components. 

H.R. 2258 extends this exemption to individuals who are currently serving in either the armed services or reserve components. 

HEARINGS

No hearings were held on H.R. 2258. 

LEGISLATIVE HISTORY AND CONSIDERATION

On May 2, 2017, Congressman Pete Aguilar (D–CA) introduced 

H.R. 2258. 

On May 24, 2017, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2258. Congressman 

Sam Graves (R–MO) offered an amendment to make a technical 

correction, which was adopted by voice vote. The Committee ordered the bill, as amended, to be reported favorably to the House 

by a 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 recorded votes taken in connection with consideration of H.R. 2258. 

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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. 2258 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 14, 2017. 

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. 2258, ADVANCE Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 2258—ADVANCE Act 

H.R. 2258 would exempt active-duty members or reservists of the 

armed forces from certain testing requirements to obtain a state 

commercial driver’s license if they have qualifying military experience. Under current law, some veterans are exempt from such requirements. 

Under regulations proposed by the Federal Motor Carrier Safety 

Administration (FMCSA), states could waive testing requirements 

for current and former members of the military who regularly operate (or operated within the last year) a commercial motor vehicle. 

Under current law, all states are permitted to waive testing requirements, if they so choose, for qualified veterans, reservists, 

members of the National Guard, and active-duty personnel until 

October 27, 2018. Based on information from FMCSA about the 

costs of implementing the pending regulation, CBO estimates that 

implementing H.R. 2258 would have no significant additional effect 

on the federal budget over the 2018–2022 period. 

Enacting H.R. 2258 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

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that enacting H.R. 2258 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 2258 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Sarah Puro. The estimate was approved by H. Samuel Papenfuss, 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 ease the process for members 

of the armed services and reserve components with qualifying experience who are trying to obtain their commercial driver’s license. 

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 clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

2258 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 RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the 

Committee finds that enacting H.R. 2258 does not direct the completion of a specific rule making 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 inVerDate Sep 11 2014 04:04 Jun 24, 2017 Jkt 069006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR189.XXX HR189
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tended to preempt state, local, or tribal law. The Committee states 

that H.R. 2258 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. Short title 

Section 1 is the short title of the bill, which is the ‘‘Active Duty 

Voluntary Acquisition of Necessary Credentials for Employment 

Act’’ or the ‘‘ADVANCE Act’’. 

Section 2. Commercial driver’s license standards for service members and veterans 

Section 2 exempts current members of the armed services or reserve components from certain testing requirements for commercial 

driver’s licenses if they had qualifying experience while serving in 

the armed services or reserve components. 

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, 

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 313—COMMERCIAL MOTOR VEHICLE 

OPERATORS 

* * * * * * * 

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§ 31305. General driver fitness, testing, and training 

(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary of Transportation shall prescribe regulations on minimum 

standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle. The regulations— 

(1) shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle; 

(2) shall require an individual who operates or will operate 

a commercial motor vehicle to take a driving test in a vehicle 

representative of the type of vehicle the individual operates or 

will operate; 

(3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles; 

(4) shall ensure that an individual taking the tests has a 

working knowledge of— 

(A) regulations on the safe operation of a commercial 

motor vehicle prescribed by the Secretary and contained in 

title 49, Code of Federal Regulations; and 

(B) safety systems of the vehicle; 

(5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material— 

(A) is qualified to operate the vehicle under regulations 

on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; 

(B) has a working knowledge of— 

(i) those regulations; 

(ii) the handling of hazardous material; 

(iii) the operation of emergency equipment used in 

response to emergencies arising out of the transportation of hazardous material; and 

(iv) appropriate response procedures to follow in 

those emergencies; and 

(C) is licensed by a State to operate the vehicle after 

having first been determined under section 5103a of this 

title as not posing a security risk warranting denial of the 

license. 

(6) shall establish minimum scores for passing the tests; 

(7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations 

prescribed by the Secretary and contained in title 49, Code of 

Federal Regulations, to the extent the regulations apply to the 

individual; and 

(8) may require— 

(A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; 

and 

(B) the individual to have a copy of the certification in 

the individual’s possession when the individual is operating a commercial motor vehicle. 

(b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as provided in paragraph (2) of this subsection, an individual may operVerDate Sep 11 2014 04:04 Jun 24, 2017 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR189.XXX HR189
7 

ate a commercial motor vehicle only if the individual has passed 

written and driving tests that meet the minimum standards prescribed by the Secretary under subsection (a) of this section to operate the vehicle and has a commercial driver’s license to operate 

the vehicle. 

(2) The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 

90 days if the individual— 

(A) passes a driving test for operating a commercial motor 

vehicle that meets the minimum standards prescribed under 

subsection (a) of this section; and 

(B) has a driver’s license that is not suspended, revoked, or 

canceled. 

(c) STANDARDS FOR TRAINING.—Not later than 1 year after the 

date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall issue final regulations 

establishing minimum entry-level training requirements for an individual operating a commercial motor vehicle— 

(1) addressing the knowledge and skills that— 

(A) are necessary for an individual operating a commercial motor vehicle to safely operate a commercial motor vehicle; and 

(B) must be acquired before obtaining a commercial driver’s license for the first time or upgrading from one class 

of commercial driver’s license to another class; 

(2) addressing the specific training needs of a commercial 

motor vehicle operator seeking passenger or hazardous materials endorsements; 

(3) requiring effective instruction to acquire the knowledge, 

skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; 

(4) requiring certification that an individual operating a commercial motor vehicle meets the requirements established by 

the Secretary; and 

(5) requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a 

commercial motor vehicle) that offers training that results in 

the issuance of a certification to an individual under paragraph 

(4) to demonstrate that the training meets the requirements of 

the regulations, through a process established by the Secretary. 

(d) STANDARDS FOR TRAINING AND TESTING OF øVETERAN OPERATORS¿ SERVICE MEMBERS, RESERVISTS, AND VETERANS.— 

(1) IN GENERAL.—Not later than December 31, 2016, the Secretary shall modify the regulations prescribed under subsections (a) and (c) to— 

(A) exempt a covered individual from all or a portion of 

a driving test if the covered individual had experience in 

the armed forces or reserve components driving vehicles 

similar to a commercial motor vehicle; 

(B) ensure that a covered individual may apply for an 

exemption under øsubparagraph (A) during¿ subparagraph 

(A)— 

(i) while serving in the armed forces or reserve components; and 

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(ii) during, at least, the 1-year period beginning on 

the date on which such individual separates from service in the armed forces or reserve components; and 

(C) credit the training and knowledge a covered individual received in the armed forces or reserve components 

driving vehicles similar to a commercial motor vehicle for 

purposes of satisfying minimum standards for training and 

knowledge. 

(2) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) ARMED FORCES.—The term ‘‘armed forces’’ has the 

meaning given that term in section 101(a) of title 10. 

(B) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means an individual over the age of 21 years who 

is— 

(i) a current or former member of the armed forces; 

or 

(ii) a current or former member of the reserve components. 

(C) RESERVE COMPONENTS.—The term ‘‘reserve components’’ means— 

(i) the Army National Guard of the United States; 

(ii) the Army Reserve; 

(iii) the Navy Reserve; 

(iv) the Marine Corps Reserve; 

(v) the Air National Guard of the United States; 

(vi) the Air Force Reserve; and 

(vii) the Coast Guard Reserve. 

* * * * * * * 

Æ