Text: H.R.3739 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (10/09/2015)


114th CONGRESS
1st Session
H. R. 3739


To provide for qualified physicians to perform a medical certification for an operator of a commercial motor vehicle who is a veteran, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

October 9, 2015

Mr. Woodall (for himself, Mr. Walz, Mr. Ribble, Mr. David Scott of Georgia, Mr. Massie, Ms. Brownley of California, Mr. Westmoreland, Mr. Crawford, Mr. Denham, Mr. Hanna, Mr. Meadows, and Mr. Farenthold) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To provide for qualified physicians to perform a medical certification for an operator of a commercial motor vehicle who is a veteran, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Veterans’ Expanded Trucking Opportunities Act”.

SEC. 2. Medical certificate for veterans operating commercial motor vehicles.

(a) In general.—In the case of a physician-approved veteran operator, the qualified physician 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 performing the medical examination meets the requirements of a qualified physician 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) Definitions.—In this section, the following definitions apply:

(1) PHYSICIAN-APPROVED VETERAN OPERATOR.—The term “physician-approved veteran operator” 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;

(B) is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States Code; and

(C) had a valid medical certificate provided by the qualified physician of such operator prior to May 21, 2014.

(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 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.

(d) Statutory Construction.—Nothing in this Act shall be construed to change any statutory penalty associated with fraud or abuse.


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