49 U.S.C. § 31149 — Medical program

Page 883 TITLE 49—TRANSPORTATION § 31149 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31146 .......... 49 App.:2518. Oct. 30, 1984, Pub. L. 98–554, § 221, 98 Stat. 2846. § 31147. Limitations on authority (a) TRAFFIC REGULATIONS.—This subchapter does not authorize the Secretary of Transpor- tation to prescribe traffic safety regulations or preempt State traffic regulations. However, the Secretary may prescribe traffic regulations to the extent their subject matter was regulated under parts 390–399 of title 49, Code of Federal Regulations, on October 30, 1984. (b) REGULATING THE MANUFACTURING OF VEHI- CLES.—This subchapter does not authorize the Secretary to regulate the manufacture of com- mercial motor vehicles for any purpose, includ- ing fuel economy, safety, or emission control. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31147(a) ...... 49 App.:2519(a). Oct. 30, 1984, Pub. L. 98–554, § 229, 98 Stat. 2853. 31147(b) ...... 49 App.:2519(b). In subsection (a), the word ‘‘prescribe’’ is substituted for ‘‘establish or maintain’’ for consistency in the re- vised title and with other titles of the United States Code. § 31148. Certified motor carrier safety auditors (a) IN GENERAL.—Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety audi- tors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b). (b) CERTIFIED INSPECTION AUDIT REQUIRE- MENT.—Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chap- ter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by— (1) a motor carrier safety auditor certified under subsection (a); or (2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review. (c) EXTENSION.—If the Secretary determines that subsection (b) cannot be implemented with- in the 1-year period established by that sub- section and notifies the Committee on Com- merce, Science, and Transportation of the Sen- ate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for com- pliance with subsection (b) by not more than 12 months. (d) APPLICATION WITH OTHER AUTHORITY.—The Secretary may not delegate the Secretary’s au- thority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue rat- ings or operating authority. (e) OVERSIGHT RESPONSIBILITY.—The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), in- cluding the authority to decertify a motor car- rier safety auditor. (Added Pub. L. 106–159, title II, § 211(a), Dec. 9, 1999, 113 Stat. 1765.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999. Statutory Notes and Related Subsidiaries INSPECTOR STANDARDS Pub. L. 114–94, div. A, title V, § 5205, Dec. 4, 2015, 129 Stat. 1537, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Dec. 4, 2015], the Ad- ministrator of the Federal Motor Carrier Safety Ad- ministration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehi- cle Safety Alliance.’’ § 31149. Medical program (a) MEDICAL REVIEW BOARD.— (1) ESTABLISHMENT AND FUNCTION.—The Sec- retary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on med- ical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research. (2) COMPOSITION.—The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical in- stitutions and private practice. The member- ship shall reflect expertise in a variety of med- ical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration. (b) CHIEF MEDICAL EXAMINER.—The Secretary shall appoint a chief medical examiner who shall be an employee of the Federal Motor Car- rier Safety Administration and who shall hold a position under section 3104 of title 5, United States Code, relating to employment of spe- cially qualified scientific and professional per- sonnel, and shall be paid under section 5376 of title 5, United States Code, relating to pay for certain senior-level positions. (c) MEDICAL STANDARDS AND REQUIREMENTS.— (1) IN GENERAL.—The Secretary, with the ad- vice of the Medical Review Board and the chief medical examiner, shall— (A) establish, review, and revise— (i) medical standards for operators of commercial motor vehicles that will en- sure that the physical condition of opera- Page 884 TITLE 49—TRANSPORTATION § 31149 tors of commercial motor vehicles is ade- quate to enable them to operate the vehi- cles safely; and (ii) requirements for periodic physical examinations of such operators performed by medical examiners who have, at a min- imum, self-certified that they have com- pleted training in physical and medical ex- amination standards and are listed on a national registry maintained by the De- partment of Transportation; (B) require each such operator to have a current valid medical certificate; (C) conduct periodic reviews of a select number of medical examiners on the na- tional registry to ensure that proper exami- nations of such operators are being con- ducted; (D) not later than 1 year after enactment of the Commercial Motor Vehicle Safety En- hancement Act of 2012, develop requirements for a medical examiner to be listed in the national registry under this section, includ- ing— (i) the completion of specific courses and materials; (ii) certification, including, at a min- imum, self-certification, if the Secretary determines that self-certification is nec- essary for sufficient participation in the national registry, to verify that a medical examiner completed specific training, in- cluding refresher courses, that the Sec- retary determines necessary to be listed in the national registry; (iii) an examination that requires a pass- ing grade; and (iv) demonstration of a medical exam- iner’s willingness to meet the reporting re- quirements established by the Secretary; (E) require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a numerical identifier, and additional information contained on the medical examiner’s certificate for any com- pleted medical examination report required under section 391.43 of title 49, Code of Fed- eral Regulations, to the chief medical exam- iner; (F) periodically review a representative sample of the medical examination reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification; and (G) annually review the implementation of commercial driver’s license requirements by not fewer than 10 States to assess the accu- racy, validity, and timeliness of— (i) the submission of physical examina- tion reports and medical certificates to State licensing agencies; and (ii) the processing of the submissions by State licensing agencies. (2) MONITORING PERFORMANCE.—The Sec- retary shall investigate patterns of errors or improper certification by a medical examiner. If the Secretary finds that a medical examiner has issued a medical certificate to an operator of a commercial motor vehicle who fails to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination stand- ards as required by this section, the Secretary may remove such medical examiner from the registry and may void the medical certificate of the applicant or holder. (d) NATIONAL REGISTRY OF MEDICAL EXAM- INERS.—The Secretary, acting through the Fed- eral Motor Carrier Safety Administration— (1) shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations and issue medical certificates; (2) shall remove from the registry the name of any medical examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or regulation issued under this section; (3) shall accept as valid only medical certifi- cates issued by persons on the national reg- istry of medical examiners; and (4) may make participation of medical exam- iners in the national registry voluntary if such a change will enhance the safety of operators of commercial motor vehicles. (e) REGULATIONS.—The Secretary shall issue such regulations as may be necessary to carry out this section. (Added Pub. L. 109–59, title IV, § 4116(a), Aug. 10, 2005, 119 Stat. 1726; amended Pub. L. 112–141, div. C, title II, § 32302(b), (c)(1), July 6, 2012, 126 Stat. 789.) Editorial Notes REFERENCES IN TEXT The Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c)(1)(D), is Pub. L. 112–141, div. C, title II, July 6, 2012, 126 Stat. 776. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under sec- tion 30101 of this title and Tables. AMENDMENTS 2012—Subsec. (c)(1)(D). Pub. L. 112–141, § 32302(b), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section, and require those medical examiners to, at a minimum, self-certify that they have completed spe- cific training, including refresher courses, to be listed in the registry;’’. Subsec. (c)(1)(E). Pub. L. 112–141, § 32302(c)(1)(A), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘require medical examiners to transmit the name of the applicant and numerical identifier, as determined by the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, electronically to the chief medical examiner on month- ly basis; and’’. Subsec. (c)(1)(G). Pub. L. 112–141, § 32302(c)(1)(B), (C), added subpar. (G). Page 885 TITLE 49—TRANSPORTATION § 31150 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by section 32302(b) of Pub. L. 112–141 ef- fective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, High- ways. Pub. L. 112–141, div. C, title II, § 32302(c)(2)(B), July 6, 2012, 126 Stat. 789, as amended by Pub. L. 114–94, div. A, title V, § 5508(b)(3), Dec. 4, 2015, 129 Stat. 1554, provided that: ‘‘The amendments made by section 32302(c)(1) of this Act [amending this section] shall take effect on the date the oversight policies and procedures are es- tablished pursuant to subparagraph (A).’’ [Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(3) to section 32302(c)(2)(B) of Pub. L. 112–141, set out above, is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.] EFFECTIVE DATE Pub. L. 109–59, title IV, § 4116(f), Aug. 10, 2005, 119 Stat. 1728, as amended by Pub. L. 110–244, title III, § 301(d), June 6, 2008, 122 Stat. 1616, provided that: ‘‘The amend- ments made by subsections (a) and (b) [enacting this section and amending section 31136 of this title] shall take effect on the 365th day following the date of enact- ment of this Act [Aug. 10, 2005].’’ [Amendment by Pub. L. 110–244 to section 4116(f) of Pub. L. 109–59, set out above, effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day be- fore June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as an Effective Date of 2008 note under section 101 of Title 23, Highways.] MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES Pub. L. 114–94, div. A, title V, § 5403, Dec. 4, 2015, 129 Stat. 1548, as amended by Pub. L. 115–105, § 2(a), (b), Jan. 8, 2018, 131 Stat. 2263, provided that: ‘‘(a) IN GENERAL.—In the case of a veteran operator approved by a qualified examiner, the qualified exam- iner of such operator may, subject to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compli- ance 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 examiner performing the medical examination meets the requirements of a qualified examiner under this section; and ‘‘(2) certification that the physical condition of the operator is adequate to enable such operator to oper- ate a commercial motor vehicle safely. ‘‘(c) NATIONAL REGISTRY OF MEDICAL EXAMINERS.— The Secretary [of Transportation], in consultation with the Secretary of Veterans Affairs, shall develop a proc- ess for qualified examiners to perform a medical exam- ination and provide a medical certificate under sub- section (a) and include 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 defi- nitions apply: ‘‘(1) QUALIFIED EXAMINER.—The term ‘qualified ex- aminer’ 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 osteop- athy, physician assistant, or other medical profes- sional; ‘‘(B) is licensed, certified, or registered in a State to perform physical examinations; ‘‘(C) is familiar with the standards for, and phys- ical 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. ‘‘(2) VETERAN.—The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code. ‘‘(3) VETERAN OPERATOR APPROVED BY A QUALIFIED EXAMINER.—The term ‘veteran operator approved by a qualified examiner’ means an operator of a commer- cial 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 sec- tion shall be construed to change any statutory pen- alty associated with fraud or abuse.’’ [Pub. L. 115–105, § 2(c), Jan. 8, 2018, 131 Stat. 2264, pro- vided that: ‘‘The amendments made by this section [amending section 5403 of Pub. L. 114–94, set out above] 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 the enactment of this Act [Jan. 8, 2018].’’] DEADLINE FOR ESTABLISHMENT OF NATIONAL REGISTRY OF MEDICAL EXAMINERS Pub. L. 112–141, div. C, title II, § 32302(a), July 6, 2012, 126 Stat. 788, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall establish a national registry of medical examiners in accordance with section 31149(d)(1) of title 49, United States Code.’’ INTERNAL OVERSIGHT POLICY Pub. L. 112–141, div. C, title II, § 32302(c)(2)(A), July 6, 2012, 126 Stat. 789, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [see sec- tion 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under sec- tion 101 of Title 23, Highways], the Secretary [of Trans- portation] shall establish an oversight policy and pro- cedure to carry out section 31149(c)(1)(G) of title 49, United States Code, as added by section 32302(c)(1) of this Act.’’ § 31150. Safety performance history screening (a) IN GENERAL.—The Secretary of Transpor- tation shall provide persons conducting pre- employment screening services for the motor carrier industry electronic access to the fol- lowing reports contained in the Motor Carrier Management Information System: (1) Commercial motor vehicle accident re- ports. (2) Inspection reports that contain no driver- related safety violations. (3) Serious driver-related safety violation in- spection reports. (b) CONDITIONS ON PROVIDING ACCESS.—Before providing a person access to the Motor Carrier Management Information System under sub- section (a), the Secretary shall— (1) ensure that any information that is re- leased to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; (2) ensure that such person will not conduct a screening without the operator-applicant’s written consent;