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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 754 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 754

  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 SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 2011

  Mr. Pryor (for himself, Mr. Boozman, Mr. Wicker, Ms. Snowe, and Mr. 
    Vitter) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 employing the individual 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 
        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 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 (2), 
        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 driver 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 positive controlled substance and 
                            alcohol 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 
        Regulation, 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.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--From the funds authorized to be appropriated under 
section 31104(i) of title 49, United States Code, up to $5,000,000 is 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account) for the Secretary of Transportation to 
develop, design, and implement the national clearinghouse required by 
section 31306a(a) of title 49, United States Code, as added by section 
2(a)(2).
    (b) Report to Congress.--The Secretary of Transportation may not 
use any of the amounts appropriated pursuant to subsection (a) until 
after the Secretary submits a report to Congress that explains the need 
for such amounts.
    (c) No Additional Appropriations.--No amount is authorized to be 
appropriated to the Secretary of Transportation in fiscal year 2012 or 
in any subsequent fiscal year for any cost incurred by the Secretary in 
carrying out the clearinghouse described in subsection (a) or for any 
services provided by the private entity authorized to operate and 
maintain the clearinghouse under paragraph (5) of such section 
31306a(a).
                                 <all>
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