29–006 

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 


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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 


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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 


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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-asyou-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 inVerDate Mar 15 2010 05:43 Sep 27, 2013 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR225.XXX HR225

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tended 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. 

Æ 


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