Page:United States Statutes at Large Volume 119.djvu/1744

 119 STAT. 1726

PUBLIC LAW 109–59—AUG. 10, 2005

(1) by redesignating subsections (d), (e), and the second subsection (c) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following: ‘‘(d) DETERMINATION OF UNFITNESS BY STATE.—If a State that receives motor carrier safety assistance program funds under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State determines that the owner or operator is fit.’’. SEC. 4115. TRANSFER PROVISION. 49 USC 31136 note.

(a) IN GENERAL.—Title II of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1748–1773) is amended by inserting after section 228— (1) the following: ‘‘SEC. 229. CERTAIN EXEMPTIONS.’’;

and (2) the text of section 345 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note). (b) CLERICAL AMENDMENT.—The table of contents for such Act is amended by inserting after the item relating to section 228 the following: ‘‘Sec. 229. Certain exemptions.’’. 49 USC 31136 note.

(c) CONFORMING AMENDMENT.—Section 229 of such Act (as added by this section) is amended by striking subsection (f). (d) CONFORMING REPEAL.—Section 345 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613) is repealed. SEC. 4116. MEDICAL PROGRAM.

49 USC 31131.

(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: ‘‘§ 31149. Medical program ‘‘(a) MEDICAL REVIEW BOARD.— ‘‘(1) ESTABLISHMENT AND FUNCTION.—The Secretary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical 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 institutions and private practice. The membership shall reflect expertise in a variety of medical 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 Carrier Safety Administration and who shall hold a position

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