U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT 

2017

115–161 

JOBS FOR OUR HEROES ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1393 

SEPTEMBER 19, 2017.—Ordered to be printed 


congress.#13
(II) 

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 Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MARGARET WOOD HASSAN, New Hampshire 

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 

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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 parttime 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: 

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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 onbudget 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 esVerDate Sep 11 2014 04:30 Sep 20, 2017 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR161.XXX SR161
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tablished 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. 

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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

§ 31305. General driver fitness, testing, and training 

(a) * * * 

(d) STANDARDS FOR TRAINING AND TESTING OF øVETERAN OPERA- TORS¿ OPERATORS WHO ARE MEMBERS OF THE ARMED FORCES, RE- SERVISTS, 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 øsubparagraph (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; 

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(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 øphysician-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 øphysician¿ examiner performing the 

medical examination meets the requirements of a øqualified 

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 øqualified physicians¿ qualified examiners to 

perform a medical examination and provide a medical certificate 

under subsection (a) and include øsuch 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: 

ø(2) QUALIFIED PHYSICIAN.—The term ‘‘qualified physician’’ 

means a physician who— 

ø(A) is employed in the Department of Veterans Affairs; 

ø(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 

ø(C) has never, with respect to such section, been found 

to have acted fraudulently, including by fraudulently 

awarding a medical certificate.¿ 

ƒ(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 

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(D) has never, with respect to such section, been found to 

have acted fraudulently, including by fraudulently awarding a medical certificate. 

ø(3)¿(2) VETERAN.—The term ‘‘veteran’’ has the meaning 

given the term in section 101 of title 38, United States Code. 

ø(1)¿(3) øPHYSICIAN-APPROVED VETERAN OPERATOR¿ VETERAN

OPERATOR APPROVED BY A QUALIFIED EXAMINER.—The term ‘‘øphysician-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. 

Æ