[House Report 115-190]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-190
======================================================================
VETERANS EXPANDED TRUCKING OPPORTUNITIES ACT OF 2017
_______
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. 2547]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2547) to expand the Department of
Veterans Affairs medical professionals who may qualify to
perform physical examinations on eligible veterans and issue
medical certificates required for operation of a commercial
motor vehicle, and for other purposes, 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......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
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.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
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............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Expanded Trucking
Opportunities Act of 2017''.
SEC. 2. MEDICAL CERTIFICATE FOR VETERANS OPERATING COMMERCIAL MOTOR
VEHICLES.
(a) Qualified Examiners.--Section 5403(d)(2) of the FAST Act (49
U.S.C. 31149 note; 129 Stat. 1548) is amended to read as follows:
``(2) Qualified examiner.--The term `qualified examiner'
means an individual who--
``(A) is employed in the Department of Veterans
Affairs as an advanced practice nurse, doctor of
chiropractic, doctor of medicine, doctor of osteopathy,
physician assistant, or other medical professional;
``(B) is licensed, certified, or registered in a
State to perform physical examinations;
``(C) is familiar with the standards for, and
physical requirements of, an operator required to be
medically certified under section 31149 of title 49,
United States Code; and
``(D) has never, with respect to such section, been
found to have acted fraudulently, including by
fraudulently awarding a medical certificate.''.
(b) Conforming Amendments.--Section 5403 of the FAST Act (49 U.S.C.
31149 note; 129 Stat. 1548) is amended--
(1) in subsection (a)--
(A) by striking ``physician-approved veteran
operator,'' and inserting ``veteran operator approved
by a qualified examiner,''; and
(B) by striking ``qualified physician'' and inserting
``qualified examiner'';
(2) in subsection (b)(1)--
(A) by striking ``the physician'' and inserting ``the
examiner''; and
(B) by striking ``qualified physician'' and inserting
``qualified examiner'';
(3) in subsection (c)--
(A) by striking ``qualified physicians'' and
inserting ``qualified examiners''; and
(B) by striking ``such physicians'' and inserting
``such examiners''; and
(4) in subsection (d)(1)--
(A) in the paragraph heading by striking ``Physician-
approved veteran operator'' and inserting ``Veteran
operator approved by a qualified examiner''; and
(B) by striking ``physician-approved veteran
operator'' and inserting ``veteran operator approved by
a qualified examiner''.
(c) Rulemaking.--The amendments made by this section shall be
incorporated into any rulemaking proceeding related to section 5403 of
the FAST Act (49 U.S.C. 31149 note; 129 Stat. 1548) that is being
conducted as of the date of enactment of this Act.
Purpose of Legislation
H.R. 2547 expands the number of Department of Veterans
Affairs (VA) medical professionals who may qualify under an
alternative process to perform physical examinations on
eligible veterans and issue medical certificates required for
operation of a commercial motor vehicle, and for other
purposes.
Background and Need for Legislation
The Fixing America's Surface Transportation Act (FAST Act;
P.L. 114-94) created an alternative process only for VA doctors
of medicine and doctors of osteopathy to qualify to perform
physical examinations on eligible veterans and then issue the
medical certificates required for such veterans to operate a
commercial motor vehicle.
H.R. 2547 expands eligibility for the alternative process
under the FAST Act to all VA medical professionals, including
advanced practical nurses, doctors of chiropractic, physician
assistants, and other medical professionals, provided that they
are authorized by the state in which they are licensed,
certified, or registered to perform physical examinations, and
that they meet other requirements.
This bill ensures that the list of eligible medical
professionals within the VA matches the list of eligible
medical professionals that can become certified under the
traditional Federal Motor Carrier Safety Administration
process.
Hearings
No hearings were held on H.R. 2547.
Legislative History and Consideration
On May 18, 2017, Congressman Rob Woodall (R-GA) and
Congresswoman Julia Brownley (D-CA) introduced H.R. 2547.
On May 24, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 2547.
Congressman Sam Graves (R-MO) offered an amendment to make a
technical correction to the bill, which was adopted by a voice
vote. The Committee ordered the bill, as amended, 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. 2547.
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. 2547 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 21, 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. 2547, the Veterans
Expanded Trucking Opportunities Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ann E.
Futrell.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2547--Veterans Expanded Trucking Opportunities Act of 2017
H.R. 2547 would expand the types of medical professionals
at the Department of Veterans Affairs (VA) who could certify
that veterans meet the physical standards required to operate
commercial motor vehicles. Currently at VA facilities only
physicians may perform the physical examinations and issue the
medical certificates required for commercial driver's licenses
(CDLs). H.R. 2547 would allow advanced practical nurses,
chiropractors, physician assistants, and other qualified
medical professionals to perform those duties.
According to the Department of Transportation, physicians
at VA have provided roughly 13,000 medical exams related to
CDLs over the past two years. CBO expects that expanding the
number of staff at VA who could issue the medical certificates
would not lead to additional costs related to exams. Therefore,
CBO estimates that implementing H.R. 2547 would cost less than
$500,000 over the 2018-2022 period to prepare regulations; any
such spending would be subject to the availability of
appropriated funds.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2547 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 2547 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 Ann E. Futrell.
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 transition for our veterans who are reentering civilian
life.
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. 2547 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. 2547 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 intended to preempt state, local,
or tribal law. The Committee states that H.R. 2547 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
``Veterans Expanded Trucking Opportunities Act of 2017''.
Section 2. Medical certificate for veterans operating commercial motor
vehicles
Section 2 enables all VA medical professionals, including
advanced practice nurses, doctors of chiropractic, and
physician assistants, who are eligible to receive a medical
examiner certification under the traditional Federal Motor
Carrier Safety Administration process, to become certified
under an alternative process. This alternative process was
established under the FAST Act and could only be used by
doctors of medicine and doctors of osteopathy at the VA to
become qualified to perform physical examinations on eligible
veterans and issue the medical certificates required for such
veterans to operate a commercial motor vehicle.
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):
FAST ACT
* * * * * * *
DIVISION A--SURFACE TRANSPORTATION
* * * * * * *
TITLE V--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle D--Commercial Motor Vehicle Drivers
* * * * * * *
SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER'S
LICENSES.
(a) In general.--In the case of a [physician-approved veteran
operator,] veteran operator approved by a qualified examiner,
the [qualified physician] qualified examiner of such operator
may, subject to the requirements of subsection (b), perform a
medical examination and provide a medical certificate for
purposes of compliance with the requirements of section 31149
of title 49, United States Code.
(b) Certification.--The certification described under
subsection (a) shall include--
(1) assurances that [the physician] the examiner
performing the medical examination meets the
requirements of a [qualified physician] qualified
examiner under this section; and
(2) certification that the physical condition of the
operator is adequate to enable such operator to operate
a commercial motor vehicle safely.
(c) National Registry of Medical Examiners.--The Secretary,
in consultation with the Secretary of Veterans Affairs, shall
develop a process for [qualified physicians] qualified
examiners to perform a medical examination and provide a
medical certificate under subsection (a) and include [such
physicians] such examiners on the national registry of medical
examiners established under section 31149(d) of title 49,
United States Code.
(d) Definitions.--In this section, the following definitions
apply:
(1) [Physician-approved veteran operator] Veteran
operator approved by a qualified examiner.--The term
``[physician-approved veteran operator] veteran
operator approved by a qualified examiner'' means an
operator of a commercial motor vehicle who--
(A) is a veteran who is enrolled in the
health care system established under section
1705(a) of title 38, United States Code; and
(B) is required to have a current valid
medical certificate pursuant to section 31149
of title 49, United States Code.
[(2) Qualified physician.--The term ``qualified
physician'' means a physician who--
[(A) is employed in the Department of
Veterans Affairs;
[(B) is familiar with the standards for, and
physical requirements of, an operator certified
pursuant to section 31149 of title 49, United
States Code; and
[(C) has never, with respect to such section,
been found to have acted fraudulently,
including by fraudulently awarding a medical
certificate.]
(2) Qualified examiner.--The term ``qualified
examiner'' means an individual who--
(A) is employed in the Department of Veterans
Affairs as an advanced practice nurse, doctor
of chiropractic, doctor of medicine, doctor of
osteopathy, physician assistant, or other
medical professional;
(B) is licensed, certified, or registered in
a State to perform physical examinations;
(C) is familiar with the standards for, and
physical requirements of, an operator required
to be medically certified under section 31149
of title 49, United States Code; and
(D) has never, with respect to such section,
been found to have acted fraudulently,
including by fraudulently awarding a medical
certificate.
(3) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United
States Code.
(e) Statutory Construction.--Nothing in this section shall be
construed to change any statutory penalty associated with fraud
or abuse.
* * * * * * *