[Senate Report 115-161]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
SENATE
1st Session } { 115-161
_______________________________________________________________________
JOBS FOR OUR HEROES ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1393
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 19, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
115th Congress } { REPORT
SENATE
1st Session } { 115-161
======================================================================
JOBS FOR OUR HEROES ACT
_______
September 19, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1393]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1393) to streamline the process
by which active duty military, reservists, and veterans receive
commercial driver's licenses, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose of the Bill
The purpose of S. 1393, the Jobs for Our Heroes Act, is to
streamline the process by which active duty military,
reservists, and veterans receive commercial driver's licenses
in order to ease their transition into the civilian driving
force.
Background and Needs
The Fixing America's Surface Transportation Act (FAST Act)
(Public Law 114-94; 129 Stat. 1312) created a process by which
a qualified Department of Veterans Affairs (VA) physician can
perform a medical examination on an eligible veteran operator
of a commercial motor vehicle and provide the medical
certificate necessary for an individual to operate a commercial
motor vehicle. S. 1393 would expand the list to include other
VA medical professionals, such as physician assistants,
chiropractors, and certain nurses, who could qualify to conduct
the necessary medical examinations. These medical professionals
are consistent with the medical professionals who are eligible
to perform Federal Motor Carrier Safety Administration (FMCSA)
medical examinations through the standard National Registry of
Certified Medical Examiners procedures.
Additionally, the FAST Act authorizes the FMCSA to exempt a
veteran from taking all or part of a skills test in order to
obtain a commercial driver's license if the veteran had
qualifying experience while serving in the armed services or
reserve components. However, section 5401 of the FAST Act
limits the definition of ``covered individual'' to former
members of the armed forces or of the reserve components. This
limitation to former members of the reserve components excludes
large numbers of current reservist drivers who received the
same military commercial motor vehicle training as active duty
personnel but perform military service only part-time while
holding full-time civilian jobs. S. 1393 would ensure current
armed forces members, including reservists, are covered under
this provision, making it easier for trained military drivers
to obtain commercial driver's licenses and move into civilian
driving careers.
Summary of Provisions
S. 1393 would enable 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 FMCSA process, to
qualify to be certified under a VA-specific alternative
process. The VA process was established under the FAST Act and
currently can only be used by doctors of medicine and doctors
of osteopathy at the VA to become qualified to perform medical
examinations on eligible veterans and issue the medical
certificates required for such veterans to operate commercial
motor vehicles.
Additionally, S. 1393 would exempt 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.
Legislative History
S. 1393 was introduced by Senators Cornyn, Tillis, and
Warren on June 21, 2017. Current cosponsors include Senators
Nelson, Duckworth, Thune, Hassan, Inhofe, Shaheen, Sullivan,
and Blumenthal. The Committee, by voice vote, ordered S. 1393
reported without amendment on June 29, 2017.
This bill is substantially similar to two bills, H.R. 2258
and H.R. 2547, introduced in the House of Representatives on
May 1, 2017, and May 18, 2017, respectively. Both of those
bills were reported as amended, by voice vote, by the Committee
on Transportation and Infrastructure of the House of
Representatives on May 24, 2017. Both of those bills passed
(409-0) in the House of Representatives on motion to suspend
the rules.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1393--Jobs For Our Heroes Act
S. 1393 would exempt active-duty members or reservists of
the armed forces from certain tests required to obtain a state
commercial driver's license (CDL) if they have qualifying
military experience. The bill also 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.
Under current law, veterans are exempt from requirements to
take certain tests for CDLs if they have qualifying military
experience. Furthermore, until October 27, 2018, all states are
permitted to waive testing requirements, if they choose, for
qualified veterans, reservists, National Guard, and active-duty
personnel. Under regulations proposed by the Federal Motor
Carrier Safety Administration (FMCSA), states could continue to
waive CDL testing requirements for current and former members
of the military who have qualifying military experience.
Therefore, CBO expects that implementing provisions related to
testing requirements would not have a significant cost.
CBO also expects that expanding the number of staff at VA
who could issue the medical certificates would not lead to
significant additional costs related to exams. (Currently at VA
facilities, only physicians may perform the physical
examinations and issue the medical certificates required for
CDLs. According to the Department of Transportation, physicians
at VA have provided roughly 13,000 medical exams related to
CDLs over the past two years.)
Enacting S. 1393 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1393 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 1393 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.
CBO transmitted an estimate for H.R. 2258, the ADVANCE Act
on June 14, 2017, and one estimate for H.R. 2547, the Veterans
Expanded Trucking Opportunities Act of 2017 on June 21, 2017.
Both bills were ordered reported by the House Committee on
Transportation and Infrastructure Committee on May 24, 2017.
Those bills have provisions similar to S. 1393 and CBO's
estimates of the cost to implement them are the same.
The CBO staff contacts for this estimate are Ann E. Futrell
and Sarah Puro. The estimate was approved by H Samuel
Papenfuss, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1393 is intended to improve the process by which active
duty military, reservists, and veterans receive commercial
driver's licenses by amending the FAST Act. The bill is
consistent with established processes within the FMCSA and the
VA, therefore the number of persons covered would not change.
economic impact
The legislation is not expected to have a negative impact
on the Nation's economy. On the contrary, it is expected to
lead to job creation for active duty military, reservists, and
veterans entering into the commercial vehicle career.
privacy
The reported bill is not expected to impact the personal
privacy of individuals.
paperwork
This legislation is not expected to result in additional
paperwork. S. 1393 would not create any new programs; rather,
it would modify and clarify existing processes within the FMCSA
and the VA.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This Act's short title would be cited as the ``Jobs for Our
Heroes Act''.
Section 2. Medical certificate for veterans operating commercial motor
vehicles
This section would expand the list of eligible medical
professionals for the process established by the FAST Act to
include all VA medical professionals, including certain 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 they meet other requirements.
Additionally, this section would make the list of eligible
medical professionals within the VA consistent with the list of
eligible medical professionals that can become certified under
the traditional FMCSA process.
Section 3. Commercial driver's license standards for current and former
members of the armed forces
This section would exempt 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
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART B. COMMERCIAL
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31305. General driver fitness, testing, and training
(a) * * *
(d) Standards for Training and Testing of [Veteran Operators]
Operators Who Are Members of the Armed Forces, Reservists, or
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 [subparagraph (A)
during, at least,] subparagraph (A)--
(i) while serving in the armed forces
or reserve components; and
(ii) during 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
one 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.
FIXING AMERICAS SURFACE TRANSPORTATION ACT
[Public Law 114-94; 129 Stat. 1312]
SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER'S
LICENSES.
(a) In General.--In the case of a [physician-approved veteran
operator, the qualified physician] veteran operator approved by
a qualified examiner, the 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] 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:
[(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)](1) Qualified examiner.--The term ``qualified
examiner'' means an individual who--
(A) is employed by 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)](2) Veteran.--The term ``veteran'' has the
meaning given the term in section 101 of title 38,
United States Code.
[(1)](3) [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.
(e) Statutory Construction.--Nothing in this section shall be
construed to change any statutory penalty associated with fraud
or abuse.
[all]