Page:United States Statutes at Large Volume 119.djvu/1746

 119 STAT. 1728

49 USC 31104 note.

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(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 certificates issued by persons on the national registry of medical examiners; and ‘‘(4) may make participation of medical examiners 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.’’. (b) MEDICAL EXAMINERS.—Section 31136(a)(3) of such title is amended to read as follows: ‘‘(3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; and’’. (c) DEFINITION OF MEDICAL EXAMINER.—Section 31132 of such title is amended— (1) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (5) the following: ‘‘(6) ‘medical examiner’ means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner.’’. (d) FUNDING.—Amounts made available pursuant to section 31104(i) of title 49, United States Code, shall be used by the Secretary to carry out section 31149 of title 49, United States Code. (e) CLERICAL AMENDMENT.—The analysis for such subchapter is amended by inserting after the item relating to section 31148 the following: ‘‘31149. Medical program.’’.

49 USC 31149 note.

(f) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 365th day following the date of enactment of this Act. SEC. 4117. SAFETY PERFORMANCE HISTORY SCREENING.

(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, United States Code (as amended by section 4116 of this Act), is amended by adding at the end the following: ‘‘§ 31150. Safety performance history screening ‘‘(a) IN GENERAL.—The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: ‘‘(1) Commercial motor vehicle accident reports.

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