II 

111TH CONGRESS 

1ST SESSION S. 1113 

To amend title 49, United States Code, to direct 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 

MAY 20, 2009 

Mr. PRYOR (for himself, Ms. SNOWE, Mr. NELSON of Nebraska, and Mr. 

WICKER) 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 direct 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Roads Act of 

5 2009’’. 


jlentini on PROD1PC65 with BILLS
2 

•S 1113 IS

1 SEC. 2. NATIONAL CLEARINGHOUSE FOR POSITIVE ALCO2 HOL AND CONTROLLED SUBSTANCE TEST RE3 SULTS OF COMMERCIAL MOTOR VEHICLE OP4 ERATORS. 

5 (a) IN GENERAL.—Chapter 313 of title 49, United 

6 States Code, is amended— 

7 (1) in section 31306(a), by inserting ‘‘and sec8 tion 31306a’’ after ‘‘this section’’; and 

9 (2) by inserting after section 31306 the fol10 lowing: 

11 ‘‘§ 31306a. National clearinghouse for positive con12 trolled substance and alcohol test results 

13 of commercial motor vehicle operators 

14 ‘‘(a) ESTABLISHMENT.— 

15 ‘‘(1) IN GENERAL.—Not later than 2 years 

16 after the date of the enactment of the Safe Roads 

17 Act of 2009, the Secretary of Transportation (re18 ferred to in this section as the ‘Secretary’) shall es19 tablish a national clearinghouse for records relating 

20 to alcohol and controlled substances testing of com21 mercial motor vehicle operators. 

22 ‘‘(2) PURPOSES.—The purposes of the clearing23 house shall be— 

24 ‘‘(A) to improve compliance with the De25 partment of Transportation’s alcohol and conVerDate Nov 24 2008 17:42 May 24, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

jlentini on PROD1PC65 with BILLS
3 

•S 1113 IS

1 trolled substance testing program applicable to 

2 commercial motor vehicle operators; 

3 ‘‘(B) to facilitate access to information 

4 about an individual before employing the indi5 vidual as a commercial motor vehicle operator; 

6 ‘‘(C) to enhance the safety of our Nation’s 

7 roadways; and 

8 ‘‘(D) to reduce accidents and fatalities in9 volving commercial motor vehicles. 

10 ‘‘(3) CONTENTS.—The clearinghouse shall func11 tion as a repository for records relating to the 

12 verified positive test results and test refusals of com13 mercial motor vehicle operators. 

14 ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.— 

15 The Secretary shall ensure that records can be elec16 tronically submitted to, and requested from, the 

17 clearinghouse by authorized users. 

18 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

19 ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY

20 ADMINISTRATION RECOMMENDATIONS.—In estab21 lishing the clearinghouse, the Secretary shall con22 sider— 

23 ‘‘(A) the findings and recommendations 

24 contained in the Federal Motor Carrier Safety 

25 Administration’s March 2004 report to ConVerDate Nov 24 2008 17:42 May 24, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

jlentini on PROD1PC65 with BILLS
4 

•S 1113 IS

1 gress required under section 226 of the Motor 

2 Carrier Safety Improvement Act of 1999 (Pub3 lic Law 106–159); and 

4 ‘‘(B) the findings and recommendations 

5 contained in the Government Accountability Of6 fice’s May 2008 report to Congress entitled 

7 ‘Motor Carrier Safety: Improvements to Drug 

8 Testing Programs Could Better Identify Illegal 

9 Drug Users and Keep Them off the Road.’ 

10 ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.— 

11 In establishing the clearinghouse, the Secretary shall 

12 develop a secure process for— 

13 ‘‘(A) administering and managing the 

14 clearinghouse in compliance with all applicable 

15 Federal security standards; 

16 ‘‘(B) registering and authenticating au17 thorized users of the clearinghouse; 

18 ‘‘(C) registering and authenticating indi19 viduals required to report to the clearinghouse 

20 under subsection (g); 

21 ‘‘(D) preventing the unauthorized access of 

22 information from the clearinghouse; 

23 ‘‘(E) storing and transmitting data; 

24 ‘‘(F) individuals required to report to the 

25 clearinghouse under subsection (g) to timely 


jlentini on PROD1PC65 with BILLS
5 

•S 1113 IS

1 and accurately submit electronic data to the 

2 clearinghouse; 

3 ‘‘(G) generating timely and accurate re4 ports from the clearinghouse in response to re5 quests for information by authorized users; and 

6 ‘‘(H) updating an individual’s record upon 

7 completion of the return-to-duty process de8 scribed in title 49, Code of Federal Regulations. 

9 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE10 SULT.—In establishing the clearinghouse, the Sec11 retary shall consider developing a secure method for 

12 electronically notifying an employer of any additional 

13 positive test results or test refusals for an individual 

14 that are entered into the clearinghouse during the 7- 

15 day period immediately following an employer’s in16 quiry about such individual. 

17 ‘‘(4) ARCHIVE CAPABILITY.—In establishing the 

18 clearinghouse, the Secretary shall develop a process 

19 for archiving all clearinghouse records, including the 

20 depositing of personal records, records relating to 

21 each individual in the database, and access requests 

22 for personal records, for the purposes of— 

23 ‘‘(A) auditing and evaluating the timeli24 ness, accuracy, and completeness of data in the 

25 clearinghouse; and 


jlentini on PROD1PC65 with BILLS
6 

•S 1113 IS

1 ‘‘(B) auditing to monitor compliance and 

2 enforce penalties for noncompliance. 

3 ‘‘(5) FUTURE NEEDS.— 

4 ‘‘(A) INTEROPERABILITY WITH OTHER

5 DATA SYSTEMS.—In establishing the clearing6 house, the Secretary shall consider— 

7 ‘‘(i) the existing data systems con8 taining regulatory and safety data for com9 mercial motor vehicle operators; 

10 ‘‘(ii) the efficacy of using or com11 bining clearinghouse data with 1 or more 

12 of such systems; and 

13 ‘‘(iii) the potential interoperability of 

14 the clearinghouse with such systems. 

15 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car16 rying out subparagraph (A), the Secretary shall 

17 determine— 

18 ‘‘(i) the clearinghouse’s capability for 

19 interoperability with— 

20 ‘‘(I) the National Driver Register 

21 established under section 30302; 

22 ‘‘(II) the Commercial Driver’s Li23 cense Information System established 

24 under section 31309; and 


jlentini on PROD1PC65 with BILLS
7 

•S 1113 IS

1 ‘‘(III) other data systems, as ap2 propriate; and 

3 ‘‘(ii) any changes to the administra4 tion of the current testing program, such 

5 as forms, that are necessary to collect data 

6 for the clearinghouse. 

7 ‘‘(c) STANDARD FORMS.—The Secretary shall de8 velop standard forms to be used— 

9 ‘‘(1) by employers and other authorized users of 

10 the clearinghouse to— 

11 ‘‘(A) request records from the clearing12 house; and 

13 ‘‘(B) obtain the consent of each individual 

14 who is the subject of a request from the clear15 inghouse; and 

16 ‘‘(2) to notify individuals that positive alcohol 

17 and controlled substances test results and refusals to 

18 test will be reported to the clearinghouse. 

19 ‘‘(d) PRIVACY.—Information may not be released 

20 from the clearinghouse unless such release complies with 

21 all applicable Federal privacy laws and regulations, includ22 ing the Health Insurance Portability and Accountability 

23 Act of 1996 (Public Law 104–191) and fair information 

24 practices under the Privacy Act of 1974 (5 U.S.C. 552a). 

25 ‘‘(e) FEES.— 


jlentini on PROD1PC65 with BILLS
8 

•S 1113 IS

1 ‘‘(1) AUTHORITY TO COLLECT FEES.—Except 

2 as provided under paragraph (3), the Secretary may 

3 collect reasonable, customary, and nominal fees from 

4 employers and other authorized users of the clear5 inghouse for requests for information from the clear6 inghouse. 

7 ‘‘(2) USE OF FEES.—Fees collected under this 

8 subsection shall be used for the operation and main9 tenance of the clearinghouse. 

10 ‘‘(3) LIMITATION.—The Secretary may not col11 lect a fee from any individual requesting information 

12 from the clearinghouse that pertains to the record of 

13 the individual. 

14 ‘‘(f) EMPLOYER REQUIREMENTS.— 

15 ‘‘(1) DETERMINATION CONCERNING USE OF

16 CLEARINGHOUSE.—The Secretary shall determine 

17 which commercial motor carrier employers are au18 thorized to use the clearinghouse to meet the alcohol 

19 and controlled substances testing requirements 

20 under title 49, Code of Federal Regulations. 

21 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE22 MENTS.—Each commercial motor carrier employer 

23 shall comply with the alcohol and controlled sub24 stances testing requirements under title 49, Code of 

25 Federal Regulations. 


jlentini on PROD1PC65 with BILLS
9 

•S 1113 IS

1 ‘‘(3) EMPLOYMENT PROHIBITIONS.—A commer2 cial motor carrier employer shall not hire an indi3 vidual to operate a commercial motor vehicle unless 

4 the employer has determined that the individual, 

5 during the preceding 3-year period— 

6 ‘‘(A) has been tested for the use of alcohol 

7 and controlled substances, as required under 

8 title 49, Code of Federal Regulations; 

9 ‘‘(B)(i) has not tested positive for the use 

10 of alcohol or controlled substances in violation 

11 of such regulations; or 

12 ‘‘(ii) has tested positive for the use of alco13 hol or controlled substances and has completed 

14 the required return-to-duty process described in 

15 title 49, Code of Federal Regulations; and 

16 ‘‘(C) has not refused to take the alcohol or 

17 controlled substance tests required under title 

18 49, Code of Federal Regulations. 

19 ‘‘(g) REPORTING OF RECORDS.— 

20 ‘‘(1) IN GENERAL.—Medical review officers, em21 ployers, service agents, and other appropriate per22 sons, as determined by the Secretary, shall promptly 

23 submit to the Secretary records in their possession 

24 of any individual who— 


jlentini on PROD1PC65 with BILLS
10 

•S 1113 IS

1 ‘‘(A) has refused to take an alcohol or con2 trolled substance test required under title 49, 

3 Code of Federal Regulations; or 

4 ‘‘(B) has tested positive for alcohol or a 

5 controlled substance in violation of such regula6 tions. 

7 ‘‘(2) INCLUSION OF RECORDS IN CLEARING8 HOUSE.—The Secretary shall include in the clearing9 house all records of positive test results and test re10 fusals received pursuant to paragraph (1). 

11 ‘‘(3) MODIFICATIONS AND DELETIONS.—If the 

12 Secretary determines that a record contained in the 

13 clearinghouse is not accurate, the Secretary shall 

14 modify or delete the record, as appropriate. 

15 ‘‘(4) NOTIFICATION.—The Secretary shall expe16 ditiously notify an individual when— 

17 ‘‘(A) a record relating to the individual is 

18 submitted to the clearinghouse; 

19 ‘‘(B) any record in the clearinghouse relat20 ing to the individual is modified or deleted, and 

21 include in such notification the reason for such 

22 modification or deletion; or 

23 ‘‘(C) any record in the clearinghouse relat24 ing to the individual is released to an employer 


jlentini on PROD1PC65 with BILLS
11 

•S 1113 IS

1 and shall include in such notification the reason 

2 for such a release. 

3 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

4 FOR REPORTING AND RELEASING.—The Secretary 

5 may establish additional requirements, as appro6 priate, to ensure that— 

7 ‘‘(A) the submission of records to the 

8 clearinghouse is timely and accurate; 

9 ‘‘(B) the release of data from the clearing10 house is timely, accurate, and released to the 

11 appropriate individual, employer, or State li12 censing official; and 

13 ‘‘(C) the individuals with records in the 

14 clearinghouse have a cause of action for the in15 appropriate use of information included in the 

16 clearinghouse. 

17 ‘‘(6) RETENTION OF RECORDS.—The Secretary 

18 shall— 

19 ‘‘(A) retain all the records submitted to 

20 the clearinghouse during the 5-year period be21 ginning on the date on which such records are 

22 submitted; 

23 ‘‘(B) remove such records from the clear24 inghouse at the end of such 5-year period, un25 less the individual has not met required returnVerDate Nov 24 2008 17:42 May 24, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

jlentini on PROD1PC65 with BILLS
12 

•S 1113 IS

1 to-duty requirements under title 49, Code of 

2 Federal Regulations; and 

3 ‘‘(C) retain records beyond the end of such 

4 5-year period in a separate location for 

5 archiving and auditing purposes. 

6 ‘‘(h) ACCESS TO CLEARINGHOUSE BY EMPLOYERS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish a process to require employers to request and 

9 review any records in the clearinghouse pertaining to 

10 an individual before employing the individual. 

11 ‘‘(2) CONSENT REQUIREMENT.—An employer 

12 may not be granted access to any records in the 

13 clearinghouse pertaining to an individual until after 

14 the employer— 

15 ‘‘(A) obtains the prior written or electronic 

16 consent of the individual for access to such 

17 records; and 

18 ‘‘(B) submits proof of such consent to the 

19 Secretary. 

20 ‘‘(3) ACCESS TO RECORDS.—Upon receiving 

21 from an employer a request, in compliance with 

22 paragraph (2), for records in the clearinghouse per23 taining to an individual, the Secretary shall provide 

24 access to the records to the employer as expedi25 tiously as practicable. 


jlentini on PROD1PC65 with BILLS
13 

•S 1113 IS

1 ‘‘(4) RETENTION OF RECORD REQUESTS.—The 

2 Secretary shall require employers to retain, for a 3- 

3 year period— 

4 ‘‘(A) a record of each request made by the 

5 employer for records from the clearinghouse; 

6 and 

7 ‘‘(B) any information received pursuant to 

8 such request. 

9 ‘‘(5) USE OF RECORDS.— 

10 ‘‘(A) IN GENERAL.—An employer may use 

11 a record of an individual received from the 

12 clearinghouse only to assess and evaluate the 

13 qualifications of the individual to operate a 

14 commercial motor vehicle for such employer. 

15 ‘‘(B) PROTECTION OR PRIVACY OF INDI16 VIDUALS.—An employer that receives a record 

17 from the clearinghouse pertaining to an indi18 vidual shall— 

19 ‘‘(i) protect the privacy of the indi20 vidual and the confidentiality of the record; 

21 and 

22 ‘‘(ii) ensure that information con23 tained in the record is not divulged to any 

24 person or entity who is not directly in25 volved in assessing and evaluating the 


jlentini on PROD1PC65 with BILLS
14 

•S 1113 IS

1 qualifications of the individual to operate a 

2 commercial motor vehicle for the employer 

3 receiving the record. 

4 ‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a process by which any individual may request 

7 and receive information from the clearinghouse— 

8 ‘‘(A) to determine whether the clearing9 house contains a record pertaining to the indi10 vidual; 

11 ‘‘(B) to verify the accuracy of such record; 

12 ‘‘(C) to update an individual’s record, in13 cluding completing the return-to-duty process 

14 described in title 49, Code of Federal Regula15 tions; and 

16 ‘‘(D) to determine whether the clearing17 house has received requests for information re18 garding the individual. 

19 ‘‘(2) DISPUTE PROCEDURE.—The Secretary 

20 shall establish a procedure, including an appeal 

21 process, for any individual to dispute and remedy 

22 administrative errors contained in a record in the 

23 clearinghouse that pertains to such individual. 

24 ‘‘(j) ACCESS TO CLEARINGHOUSE BY STATE LICENS25 ING AUTHORITIES.— 


jlentini on PROD1PC65 with BILLS
15 

•S 1113 IS

1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a process by which the chief commercial driver’s 

3 licensing official of a State may request and receive 

4 records from the clearinghouse that pertain to an in5 dividual applying for a commercial driver’s license 

6 from such State. 

7 ‘‘(2) IMPLIED CONSENT.—The chief commercial 

8 driver licensing official of a State may be granted 

9 access to any records in the clearinghouse pertaining 

10 to an individual without obtaining the prior written 

11 or electronic consent of the individual and submit12 ting proof of such consent. Any individual who holds 

13 a commercial driver’s license shall be deemed to have 

14 consented to such access. Consent is implied by ob15 taining a commercial driver’s license from the State 

16 and by driving a commercial motor vehicle. 

17 ‘‘(3) PROTECTION OF PRIVACY OF INDIVID18 UALS.—If the chief commercial driver licensing offi19 cial of a State receives a record from the clearing20 house pertaining to an individual, the official shall— 

21 ‘‘(A) protect the privacy of the individual 

22 and the confidentiality of record; and 

23 ‘‘(B) ensure that information contained in 

24 the record is not divulged to any person within 

25 or outside the State government who is not diVerDate Nov 24 2008 17:42 May 24, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

jlentini on PROD1PC65 with BILLS
16 

•S 1113 IS

1 rectly involved in assessing and evaluating the 

2 qualifications of the individual to operate a 

3 commercial motor vehicle. 

4 ‘‘(k) PENALTIES.—An employer, employee, medical 

5 review officer, or service agent who violates any provision 

6 of this section or section 3 of the Safe Roads Act of 2009 

7 shall be subject to the civil and criminal penalties de8 scribed in section 521(b) of title 49, United States Code, 

9 and other applicable civil and criminal penalties, as deter10 mined by the Secretary. 

11 ‘‘(l) COMPATIBILITY OF STATE AND LOCAL LAWS.— 

12 ‘‘(1) PREEMPTION.—Except as provided under 

13 paragraph (2), any law, regulation, order, or other 

14 requirement of a State, political subdivision of a 

15 State, or Indian tribe related to commercial driver’s 

16 license holders subject to alcohol or controlled sub17 stance testing under title 49, Code of Federal Regu18 lations, which is inconsistent with the requirements 

19 under this section or any regulation issued pursuant 

20 to the authority of this section is preempted. 

21 ‘‘(2) APPLICABILITY.—The preemption under 

22 paragraph (1) shall apply to— 

23 ‘‘(A) the reporting of valid positive results 

24 from alcohol screening tests and drug tests; and 


jlentini on PROD1PC65 with BILLS
17 

•S 1113 IS

1 ‘‘(B) the refusal to provide a specimen for 

2 an alcohol screening test or drug test. 

3 ‘‘(3) EXCEPTION.—A law, regulation, order, or 

4 other requirement of a State, political subdivision of 

5 a State, or Indian tribe shall not be preempted 

6 under this subsection to the extent it relates to ac7 tions taken with respect to a commercial motor vehi8 cle operator’s commercial driver’s license or driving 

9 record as a result of such driver’s— 

10 ‘‘(A) verified positive alcohol or drug test 

11 result; or 

12 ‘‘(B) refusal to provide a specimen for the 

13 test. 

14 ‘‘(m) DEFINITIONS.—In this section: 

15 ‘‘(1) AUTHORIZED USERS.—The term ‘author16 ized users’ means employers, State licensing authori17 ties, and other individuals granted access to the 

18 clearinghouse. 

19 ‘‘(2) CHIEF DRIVER LICENSING OFFICIAL.—The 

20 term ‘chief commercial driver’s licensing official’ 

21 means the official in a State who is authorized to— 

22 ‘‘(A) maintain a record about commercial 

23 driver’s licenses issued by the State; and 

24 ‘‘(B) take action on commercial driver’s li25 censes issued by the State. 


jlentini on PROD1PC65 with BILLS
18 

•S 1113 IS

1 ‘‘(3) CLEARINGHOUSE.—The term ‘clearing2 house’ means the clearinghouse established under 

3 subsection (a). 

4 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER5 ATOR.—The term ‘commercial motor vehicle oper6 ator’ means an individual who is— 

7 ‘‘(A) in possession of a valid commercial 

8 driver’s license issued in accordance with sec9 tion 31308; and 

10 ‘‘(B) subject to controlled substances and 

11 alcohol testing under title 49, Code of Federal 

12 Regulations. 

13 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

14 a person or entity employing, or seeking to employ, 

15 1 or more employees (including an individual who is 

16 self-employed) to be commercial motor vehicle opera17 tors. 

18 ‘‘(6) MEDICAL REVIEW OFFICER.—The term 

19 ‘medical review officer’ means a licensed physician 

20 who is responsible for— 

21 ‘‘(A) receiving and reviewing laboratory re22 sults generated under the testing program; and 

23 ‘‘(B) evaluating medical explanations for 

24 alcohol and controlled substances tests required 

25 under title 49, Code of Federal Regulations. 


jlentini on PROD1PC65 with BILLS
19 

•S 1113 IS

1 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Transportation. 

3 ‘‘(8) SERVICE AGENT.—The term ‘service 

4 agent’ means a person or entity, other than an em5 ployee of the employer, who provides services to em6 ployers or employees under the testing program. 

7 ‘‘(9) TESTING PROGRAM.—The term ‘testing 

8 program’ means the alcohol and controlled sub9 stances testing program required under title 49, 

10 Code of Federal Regulations.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 313 of title 49, United States Code, is amended 

13 by inserting after the item relating to section 31306 the 

14 following: 

‘‘31306a. National clearinghouse for positive controlled substance and alcohol 

test results of commercial motor vehicle operators.’’. 

15 SEC. 3. ENHANCED OVERSIGHT OF COLLECTION SITES. 

16 The Secretary of Transportation shall— 

17 (1) require each site at which urine is collected 

18 for alcohol and controlled substances tests under 

19 title 49, Code of Federal Regulation, to register with 

20 the Department of Transportation; 

21 (2) publish an annual list of registered collec22 tion sites in the Federal Register and make such list 

23 available to the public; 


jlentini on PROD1PC65 with BILLS
20 

•S 1113 IS

1 (3) ensure that no collection site is included on 

2 the list described in paragraph (2) unless the site 

3 submits an annual certification to the Secretary that 

4 the site meets each of the applicable requirements 

5 under title 49, Code of Federal Regulations; and 

6 (4) develop an instrument for the certification 

7 under paragraph (3) that requires a positive re8 sponse to each applicable requirement, including an 

9 explanation of the penalties imposed for making 

10 false statements. 

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated, in fiscal year 2010 and in each subsequent fiscal 

14 year, such sums as may be necessary to establish, operate, 

15 and maintain the national clearinghouse for positive alco16 hol and controlled substance test results of commercial 

17 motor vehicle operators in accordance with section 31306a 

18 of title 49, United States Code, as added by section 2. 

19 (b) ADDITIONAL FUNDING AUTHORITY.—From the 

20 funds authorized to be appropriated under section 

21 31104(i) of title 49, United States Code, up to $5,000,000 

22 is authorized to be appropriated from the Highway Trust 

23 Fund (other than the Mass Transit Account) for the Sec24 retary of Transportation to develop, design, and imple25 ment the national clearinghouse if the Secretary deterVerDate Nov 24 2008 17:42 May 24, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

jlentini on PROD1PC65 with BILLS
21 

•S 1113 IS

1 mines that the amounts appropriated by Congress are in2 adequate for such purposes. 

3 (c) REPORT TO CONGRESS.—The Secretary of Trans4 portation may not use any of the amounts appropriated 

5 pursuant to subsection (b) until after the Secretary sub6 mits a report to Congress that explains the need for such 

7 amounts. 

Æ 


jlentini on PROD1PC65 with BILLS