[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 2459 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2459
To amend title 49, United States Code, to require the Secretary of
Transportation to establish and maintain a national clearinghouse for
records relating to alcohol and controlled substances testing of
commercial motor vehicle operators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2011
Mr. Crawford introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require the Secretary of
Transportation to establish and maintain a national clearinghouse for
records relating to alcohol and controlled substances testing of
commercial motor vehicle operators, 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 ``Safe Roads Act of 2011''.
SEC. 2. NATIONAL CLEARINGHOUSE FOR ALCOHOL AND CONTROLLED SUBSTANCE
TEST RESULTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) In General.--Chapter 313 of title 49, United States Code, is
amended--
(1) in section 31306(a), by inserting ``and section
31306a'' after ``this section''; and
(2) by inserting after section 31306 the following:
``Sec. 31306a. National clearinghouse for alcohol and controlled
substance test results of commercial motor vehicle
operators
``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the Safe Roads Act of 2011, the Secretary of
Transportation (referred to in this section as the `Secretary')
shall establish a national clearinghouse for records relating
to alcohol and controlled substances testing of commercial
motor vehicle operators.
``(2) Purposes.--The purposes of the clearinghouse shall
be--
``(A) to improve compliance with the Department of
Transportation's alcohol and controlled substance
testing program applicable to commercial motor vehicle
operators;
``(B) to facilitate access to information about an
individual before that individual is employed as a
commercial motor vehicle operator;
``(C) to enhance the safety of our United States
roadways by reducing accident fatalities involving
commercial motor vehicles; and
``(D) to reduce the demand for illegal drugs and
the number of impaired commercial motor vehicle
operators.
``(3) Contents.--The clearinghouse shall function as a
repository for records relating to the verified positive test
results and test refusals of commercial motor vehicle operators
and violations by such operators of prohibitions set forth in
subpart B of part 382 of title 49, Code of Federal Regulations
(or any subsequent corresponding regulations).
``(4) Electronic exchange of records.--The Secretary shall
ensure that records can be electronically submitted to, and
requested from, the clearinghouse by authorized users.
``(5) Authorized operator.--The Secretary may authorize a
qualified and experienced private entity to operate and
maintain the clearinghouse and to collect fees on behalf of the
Secretary under subsection (e). Such entity shall establish,
operate, maintain, and expand the clearinghouse and permit
access to deliver information and records from the
clearinghouse to individuals and employers only as authorized
by the Secretary in accordance with this section.
``(b) Design of Clearinghouse.--
``(1) Use of federal motor carrier safety administration
recommendations.--In establishing the clearinghouse, the
Secretary shall consider--
``(A) the findings and recommendations contained in
the Federal Motor Carrier Safety Administration's March
2004 report to Congress required under section 226 of
the Motor Carrier Safety Improvement Act of 1999
(Public Law 106-159); and
``(B) the findings and recommendations contained in
the Government Accountability Office's May 2008 report
to Congress entitled `Motor Carrier Safety:
Improvements to Drug Testing Programs Could Better
Identify Illegal Drug Users and Keep Them off the
Road'.
``(2) Development of secure processes.--In establishing the
clearinghouse, the Secretary shall develop a secure process
for--
``(A) administering and managing the clearinghouse
in compliance with all applicable Federal security
standards;
``(B) registering and authenticating authorized
users of the clearinghouse;
``(C) registering and authenticating individuals
required to report to the clearinghouse under
subsection (g);
``(D) preventing the unauthorized access of
information from the clearinghouse;
``(E) storing and transmitting data;
``(F) individuals required to report to the
clearinghouse under subsection (g) to timely and
accurately submit electronic data to the clearinghouse;
``(G) generating timely and accurate reports from
the clearinghouse in response to requests for
information by authorized users; and
``(H) updating an individual's record upon
completion of the return-to-duty process described in
title 49, Code of Federal Regulations.
``(3) Employer alert of positive test result.--In
establishing the clearinghouse, the Secretary shall consider
developing a secure method for electronically notifying an
employer of any additional positive test results or other
noncompliance for an individual that are entered into the
clearinghouse during the 7-day period immediately following an
employer's inquiry about such individual.
``(4) Archive capability.--In establishing the
clearinghouse, the Secretary shall develop a process for
archiving all clearinghouse records, including the depositing
of personal records, records relating to each individual in the
database, and access requests for personal records, for the
purposes of--
``(A) auditing and evaluating the timeliness,
accuracy, and completeness of data in the
clearinghouse; and
``(B) auditing to monitor compliance and enforce
penalties for noncompliance.
``(5) Future needs.--
``(A) Interoperability with other data systems.--In
establishing the clearinghouse, the Secretary shall
consider--
``(i) the existing data systems containing
regulatory and safety data for commercial motor
vehicle operators;
``(ii) the efficacy of using or combining
clearinghouse data with 1 or more of such
systems; and
``(iii) the potential interoperability of
the clearinghouse with such systems.
``(B) Specific considerations.--In carrying out
subparagraph (A), the Secretary shall determine--
``(i) the clearinghouse's capability for
interoperability with--
``(I) the National Driver Register
established under section 30302;
``(II) the Commercial Driver's
License Information System established
under section 31309; and
``(III) other data systems, as
appropriate; and
``(ii) any changes to the administration of
the current testing program, such as forms,
that are necessary to collect data for the
clearinghouse.
``(c) Standard Forms.--The Secretary shall develop standard forms
to be used--
``(1) by employers and other authorized users of the
clearinghouse to--
``(A) request records from the clearinghouse; and
``(B) obtain the consent of each individual who is
the subject of a request from the clearinghouse; and
``(2) to notify individuals that positive alcohol and
controlled substances test results, refusals to test, and
violations of prohibitions set forth in subpart B of part 382
of title 49, Code of Federal Regulations (or any subsequent
corresponding regulations), will be reported to the
clearinghouse.
``(d) Privacy.--Information may not be released from the
clearinghouse unless such release complies with all applicable Federal
privacy laws and regulations, including the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191) and
fair information practices under the Privacy Act of 1974 (5 U.S.C.
552a).
``(e) Fees.--
``(1) Authority to collect fees.--Except as provided under
paragraph (3), the Secretary may collect reasonable, customary,
and nominal fees from employers and other authorized users of
the clearinghouse for requests for information from the
clearinghouse.
``(2) Use of fees.--Fees collected under this subsection
shall be used for the operation and maintenance of the
clearinghouse.
``(3) Limitation.--The Secretary may not collect a fee from
any individual requesting information from the clearinghouse
that pertains to the record of the individual.
``(f) Employer Requirements.--
``(1) Determination concerning use of clearinghouse.--The
Secretary shall determine which commercial motor carrier
employers are authorized to use the clearinghouse to meet the
alcohol and controlled substances testing requirements under
title 49, Code of Federal Regulations.
``(2) Applicability of existing requirements.--Each
commercial motor carrier employer and service agent shall
comply with the alcohol and controlled substances testing
requirements under title 49, Code of Federal Regulations.
``(3) Employment prohibitions.--A commercial motor carrier
employer shall not hire an individual to operate a commercial
motor vehicle unless the employer has determined that the
individual, during the preceding 3-year period--
``(A) has been tested for the use of alcohol and
controlled substances, as required under title 49, Code
of Federal Regulations;
``(B)(i) has not tested positive for the use of
alcohol or controlled substances in violation of such
regulations; or
``(ii) has tested positive for the use of alcohol
or controlled substances and has completed the required
return-to-duty process described in title 49, Code of
Federal Regulations;
``(C) has not refused to take the alcohol or
controlled substance tests required under title 49,
Code of Federal Regulations; and
``(D) has not violated any other provision of
subpart B of part 382 of title 49, Code of Federal
Regulations (or any subsequent corresponding
regulations).
``(g) Reporting of Records.--
``(1) In general.--Medical review officers, employers,
service agents, and other appropriate persons, as determined by
the Secretary, shall promptly submit to the Secretary records
in their possession of any individual who--
``(A) has refused to take an alcohol or controlled
substance test required under title 49, Code of Federal
Regulations;
``(B) has tested positive for alcohol or a
controlled substance in violation of such regulations;
or
``(C) has violated any other provision of subpart B
of part 382 of title 49, Code of Federal Regulations
(or any subsequent corresponding regulations).
``(2) Inclusion of records in clearinghouse.--The Secretary
shall include in the clearinghouse all records of positive test
results and test refusals received pursuant to paragraph (1).
``(3) Modifications and deletions.--If the Secretary
determines that a record contained in the clearinghouse is not
accurate, the Secretary shall modify or delete the record, as
appropriate.
``(4) Notification.--The Secretary shall expeditiously
notify, unless such notification would be duplicative, an
individual when--
``(A) a record relating to the individual has been
received by the clearinghouse;
``(B) any record in the clearinghouse relating to
the individual is modified or deleted, and include in
such notification the reason for such modification or
deletion; or
``(C) any record in the clearinghouse relating to
the individual is released to an employer and shall
include in such notification the reason for such a
release.
``(5) Data quality and security standards for reporting and
releasing.--The Secretary may establish additional
requirements, as appropriate, to ensure that--
``(A) the submission of records to the
clearinghouse is timely and accurate;
``(B) the release of data from the clearinghouse is
timely, accurate, and released to the appropriate
individual, employer, or State licensing official; and
``(C) the individuals with records in the
clearinghouse have a cause of action for the
inappropriate use of information included in the
clearinghouse.
``(6) Retention of records.--The Secretary shall--
``(A) retain all the records submitted to the
clearinghouse during the 5-year period beginning on the
date on which such records are submitted;
``(B) remove such records from the clearinghouse at
the end of such 5-year period, unless the individual
has not met required return-to-duty and follow-up
requirements under title 49, Code of Federal
Regulations; and
``(C) retain records beyond the end of such 5-year
period in a separate location for archiving and
auditing purposes.
``(h) Access to Clearinghouse by Employers.--
``(1) In general.--The Secretary shall establish a process
to require employers to request and review any records in the
clearinghouse pertaining to an individual before employing the
individual and each year thereafter as long as the individual
is under the employ of the employers.
``(2) Consent requirement.--An employer may not be granted
access to any records in the clearinghouse pertaining to an
individual until after the employer--
``(A) obtains the prior written or electronic
consent of the individual for access to such records;
and
``(B) submits proof of such consent to the
Secretary.
``(3) Access to records.--Upon receiving from an employer a
request, in compliance with paragraph (2), for records in the
clearinghouse pertaining to an individual, the Secretary shall
provide access to the records to the employer as expeditiously
as practicable.
``(4) Retention of record requests.--The Secretary shall
require employers to retain, for a 3-year period--
``(A) a record of each request made by the employer
for records from the clearinghouse; and
``(B) any information received pursuant to such
request.
``(5) Use of records.--
``(A) In general.--An employer may use a record of
an individual received from the clearinghouse only to
assess and evaluate the qualifications of the
individual to operate a commercial motor vehicle for
such employer.
``(B) Protection or privacy of individuals.--An
employer that receives a record from the clearinghouse
pertaining to an individual shall--
``(i) protect the privacy of the individual
and the confidentiality of the record; and
``(ii) ensure that information contained in
the record is not divulged to any person or
entity who is not directly involved in
assessing and evaluating the qualifications of
the individual to operate a commercial motor
vehicle for the employer receiving the record.
``(i) Access to Clearinghouse by Individuals.--
``(1) In general.--The Secretary shall establish a process
by which any individual may request and receive information
from the clearinghouse--
``(A) to determine whether the clearinghouse
contains a record pertaining to the individual;
``(B) to verify the accuracy of such record;
``(C) to update an individual's record, including
completing the return-to-duty process described in
title 49, Code of Federal Regulations; and
``(D) to determine whether the clearinghouse has
received requests for information regarding the
individual.
``(2) Dispute procedure.--The Secretary shall establish a
procedure, including an appeal process, for any individual to
dispute and remedy administrative errors contained in a record
in the clearinghouse that pertains to such individual.
``(j) Access to Clearinghouse by State Licensing Authorities.--
``(1) In general.--The Secretary shall establish a process
by which the chief commercial driver's licensing official of a
State may request and receive records from the clearinghouse
that pertain to an individual applying for a commercial
driver's license from such State.
``(2) Implied consent.--The chief commercial driver's
licensing official of a State may be granted access to any
records in the clearinghouse pertaining to an individual
without obtaining the prior written or electronic consent of
the individual and submitting proof of such consent. Any
individual who holds a commercial driver's license shall be
deemed to have consented to such access. Consent is implied by
obtaining a commercial driver's license from the State and by
driving a commercial motor vehicle.
``(3) Protection of privacy of individuals.--If the chief
commercial driver's licensing official of a State receives a
record from the clearinghouse pertaining to an individual, the
official shall--
``(A) protect the privacy of the individual and the
confidentiality of record; and
``(B) ensure that information contained in the
record is not divulged to any person within or outside
the State government who is not directly involved in
assessing and evaluating the qualifications of the
individual to operate a commercial motor vehicle.
``(k) Penalties.--An employer, employee, medical review officer, or
service agent who violates any provision of this section or section 3
of the Safe Roads Act of 2011 shall be subject to the civil and
criminal penalties described in section 521(b) of title 49, United
States Code, and other applicable civil and criminal penalties, as
determined by the Secretary.
``(l) Compatibility of State and Local Laws.--
``(1) Preemption.--Except as provided under paragraph (3),
any law, regulation, order, or other requirement of a State,
political subdivision of a State, or Indian tribe related to
commercial driver's license holders subject to alcohol or
controlled substance testing under title 49, Code of Federal
Regulations, which is inconsistent with the requirements under
this section or any regulation issued pursuant to the authority
of this section is preempted.
``(2) Applicability.--The preemption under paragraph (1)
shall apply to--
``(A) the reporting of valid positive results from
alcohol screening tests and drug tests;
``(B) the refusal to provide a specimen for an
alcohol screening test or drug test; and
``(C) other violations of subpart B of part 382 of
title 49, Code of Federal Regulations (or any
subsequent corresponding regulations).
``(3) Exception.--A law, regulation, order, or other
requirement of a State, political subdivision of a State, or
Indian tribe shall not be preempted under this subsection to
the extent it relates to actions taken with respect to a
commercial motor vehicle operator's commercial driver's license
or driving record as a result of such driver's--
``(A) verified positive alcohol or drug test
result;
``(B) refusal to provide a specimen for the test;
or
``(C) other violations of subpart B of part 382 of
title 49, Code of Federal Regulations (or any
subsequent corresponding regulations).
``(m) Definitions.--In this section:
``(1) Authorized users.--The term `authorized users' means
employers, State licensing authorities, and other individuals
granted access to the clearinghouse.
``(2) Chief commercial driver's licensing official.--The
term `chief commercial driver's licensing official' means the
official in a State who is authorized to--
``(A) maintain a record about commercial driver's
licenses issued by the State; and
``(B) take action on commercial driver's licenses
issued by the State.
``(3) Clearinghouse.--The term `clearinghouse' means the
clearinghouse established under subsection (a).
``(4) Commercial motor vehicle operator.--The term
`commercial motor vehicle operator' means an individual who
is--
``(A) in possession of a valid commercial driver's
license issued in accordance with section 31308; and
``(B) subject to controlled substances and alcohol
testing under title 49, Code of Federal Regulations.
``(5) Employer.--The term `employer' means a person or
entity employing, or seeking to employ, 1 or more employees
(including an individual who is self-employed) to be commercial
motor vehicle operators.
``(6) Medical review officer.--The term `medical review
officer' means a licensed physician who is responsible for--
``(A) receiving and reviewing laboratory results
generated under the testing program;
``(B) evaluating medical explanations for alcohol
and controlled substances tests required under title
49, Code of Federal Regulations; and
``(C) deciding the outcome of controlled substance
tests.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) Service agent.--The term `service agent' means a
person or entity, other than an employee of the employer, who
provides services to employers or employees under the testing
program.
``(9) Testing program.--The term `testing program' means
the alcohol and controlled substances testing program required
under title 49, Code of Federal Regulations.''.
(b) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by inserting after the item relating to
section 31306 the following:
``31306a. National clearinghouse for alcohol and controlled substance
test results of commercial motor vehicle
operators.''.
SEC. 3. ENHANCED OVERSIGHT OF COLLECTION SITES.
The Secretary of Transportation shall--
(1) require each site at which urine is collected for
controlled substances tests under title 49, Code of Federal
Regulations, to register with the Department of Transportation;
(2) publish an annual list of registered collection sites
in the Federal Register and make such list available to the
public;
(3) ensure that no collection site is included on the list
described in paragraph (2) unless the site submits an annual
certification to the Secretary that the site meets each of the
applicable requirements under title 49, Code of Federal
Regulations; and
(4) develop an instrument for the certification under
paragraph (3) that requires a positive response to each
applicable requirement, including an explanation of the
penalties imposed for making false statements.
<all>