I 

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. 

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 2011’’. 


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1 SEC. 2. NATIONAL CLEARINGHOUSE FOR ALCOHOL AND 

2 CONTROLLED SUBSTANCE TEST RESULTS OF 

3 COMMERCIAL MOTOR VEHICLE OPERATORS. 

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

5 States Code, is amended— 

6 (1) in section 31306(a), by inserting ‘‘and sec7 tion 31306a’’ after ‘‘this section’’; and 

8 (2) by inserting after section 31306 the fol9 lowing: 

10 ‘‘§ 31306a. National clearinghouse for alcohol and 

11 controlled substance test results of com12 mercial motor vehicle operators 

13 ‘‘(a) ESTABLISHMENT.— 

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

15 after the date of the enactment of the Safe Roads 

16 Act of 2011, the Secretary of Transportation (re17 ferred to in this section as the ‘Secretary’) shall es18 tablish a national clearinghouse for records relating 

19 to alcohol and controlled substances testing of com20 mercial motor vehicle operators. 

21 ‘‘(2) PURPOSES.—The purposes of the clearing22 house shall be— 

23 ‘‘(A) to improve compliance with the De24 partment of Transportation’s alcohol and con25 trolled substance testing program applicable to 

26 commercial motor vehicle operators; 


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1 ‘‘(B) to facilitate access to information 

2 about an individual before that individual is em3 ployed as a commercial motor vehicle operator; 

4 ‘‘(C) to enhance the safety of our United 

5 States roadways by reducing accident fatalities 

6 involving commercial motor vehicles; and 

7 ‘‘(D) to reduce the demand for illegal 

8 drugs and the number of impaired commercial 

9 motor vehicle operators. 

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 and violations by 

14 such operators of prohibitions set forth in subpart B 

15 of part 382 of title 49, Code of Federal Regulations 

16 (or any subsequent corresponding regulations). 

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

18 The Secretary shall ensure that records can be elec19 tronically submitted to, and requested from, the 

20 clearinghouse by authorized users. 

21 ‘‘(5) AUTHORIZED OPERATOR.—The Secretary 

22 may authorize a qualified and experienced private 

23 entity to operate and maintain the clearinghouse and 

24 to collect fees on behalf of the Secretary under sub25 section (e). Such entity shall establish, operate, 


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1 maintain, and expand the clearinghouse and permit 

2 access to deliver information and records from the 

3 clearinghouse to individuals and employers only as 

4 authorized by the Secretary in accordance with this 

5 section. 

6 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

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

8 ADMINISTRATION RECOMMENDATIONS.—In estab9 lishing the clearinghouse, the Secretary shall con10 sider— 

11 ‘‘(A) the findings and recommendations 

12 contained in the Federal Motor Carrier Safety 

13 Administration’s March 2004 report to Con14 gress required under section 226 of the Motor 

15 Carrier Safety Improvement Act of 1999 (Pub16 lic Law 106–159); and 

17 ‘‘(B) the findings and recommendations 

18 contained in the Government Accountability Of19 fice’s May 2008 report to Congress entitled 

20 ‘Motor Carrier Safety: Improvements to Drug 

21 Testing Programs Could Better Identify Illegal 

22 Drug Users and Keep Them off the Road’. 

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

24 In establishing the clearinghouse, the Secretary shall 

25 develop a secure process for— 


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1 ‘‘(A) administering and managing the 

2 clearinghouse in compliance with all applicable 

3 Federal security standards; 

4 ‘‘(B) registering and authenticating au5 thorized users of the clearinghouse; 

6 ‘‘(C) registering and authenticating indi7 viduals required to report to the clearinghouse 

8 under subsection (g); 

9 ‘‘(D) preventing the unauthorized access of 

10 information from the clearinghouse; 

11 ‘‘(E) storing and transmitting data; 

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

13 clearinghouse under subsection (g) to timely 

14 and accurately submit electronic data to the 

15 clearinghouse; 

16 ‘‘(G) generating timely and accurate re17 ports from the clearinghouse in response to re18 quests for information by authorized users; and 

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

20 completion of the return-to-duty process de21 scribed in title 49, Code of Federal Regulations. 

22 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE23 SULT.—In establishing the clearinghouse, the Sec24 retary shall consider developing a secure method for 

25 electronically notifying an employer of any additional 


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1 positive test results or other noncompliance for an 

2 individual that are entered into the clearinghouse 

3 during the 7-day period immediately following an 

4 employer’s inquiry about such individual. 

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

6 clearinghouse, the Secretary shall develop a process 

7 for archiving all clearinghouse records, including the 

8 depositing of personal records, records relating to 

9 each individual in the database, and access requests 

10 for personal records, for the purposes of— 

11 ‘‘(A) auditing and evaluating the timeli12 ness, accuracy, and completeness of data in the 

13 clearinghouse; and 

14 ‘‘(B) auditing to monitor compliance and 

15 enforce penalties for noncompliance. 

16 ‘‘(5) FUTURE NEEDS.— 

17 ‘‘(A) INTEROPERABILITY WITH OTHER

18 DATA SYSTEMS.—In establishing the clearing19 house, the Secretary shall consider— 

20 ‘‘(i) the existing data systems con21 taining regulatory and safety data for com22 mercial motor vehicle operators; 

23 ‘‘(ii) the efficacy of using or com24 bining clearinghouse data with 1 or more 

25 of such systems; and 


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1 ‘‘(iii) the potential interoperability of 

2 the clearinghouse with such systems. 

3 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car4 rying out subparagraph (A), the Secretary shall 

5 determine— 

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

7 interoperability with— 

8 ‘‘(I) the National Driver Register 

9 established under section 30302; 

10 ‘‘(II) the Commercial Driver’s Li11 cense Information System established 

12 under section 31309; and 

13 ‘‘(III) other data systems, as ap14 propriate; and 

15 ‘‘(ii) any changes to the administra16 tion of the current testing program, such 

17 as forms, that are necessary to collect data 

18 for the clearinghouse. 

19 ‘‘(c) STANDARD FORMS.—The Secretary shall de20 velop standard forms to be used— 

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

22 the clearinghouse to— 

23 ‘‘(A) request records from the clearing24 house; and 


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

2 who is the subject of a request from the clear3 inghouse; and 

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

5 and controlled substances test results, refusals to 

6 test, and violations of prohibitions set forth in sub7 part B of part 382 of title 49, Code of Federal Reg8 ulations (or any subsequent corresponding regula9 tions), will be reported to the clearinghouse. 

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

11 from the clearinghouse unless such release complies with 

12 all applicable Federal privacy laws and regulations, includ13 ing the Health Insurance Portability and Accountability 

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

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

16 ‘‘(e) FEES.— 

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

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

19 collect reasonable, customary, and nominal fees from 

20 employers and other authorized users of the clear21 inghouse for requests for information from the clear22 inghouse. 

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

24 subsection shall be used for the operation and main25 tenance of the clearinghouse. 


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1 ‘‘(3) LIMITATION.—The Secretary may not col2 lect a fee from any individual requesting information 

3 from the clearinghouse that pertains to the record of 

4 the individual. 

5 ‘‘(f) EMPLOYER REQUIREMENTS.— 

6 ‘‘(1) DETERMINATION CONCERNING USE OF

7 CLEARINGHOUSE.—The Secretary shall determine 

8 which commercial motor carrier employers are au9 thorized to use the clearinghouse to meet the alcohol 

10 and controlled substances testing requirements 

11 under title 49, Code of Federal Regulations. 

12 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE13 MENTS.—Each commercial motor carrier employer 

14 and service agent shall comply with the alcohol and 

15 controlled substances testing requirements under 

16 title 49, Code of Federal Regulations. 

17 ‘‘(3) EMPLOYMENT PROHIBITIONS.—A commer18 cial motor carrier employer shall not hire an indi19 vidual to operate a commercial motor vehicle unless 

20 the employer has determined that the individual, 

21 during the preceding 3-year period— 

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

23 and controlled substances, as required under 

24 title 49, Code of Federal Regulations; 


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

2 of alcohol or controlled substances in violation 

3 of such regulations; or 

4 ‘‘(ii) has tested positive for the use of alco5 hol or controlled substances and has completed 

6 the required return-to-duty process described in 

7 title 49, Code of Federal Regulations; 

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

9 controlled substance tests required under title 

10 49, Code of Federal Regulations; and 

11 ‘‘(D) has not violated any other provision 

12 of subpart B of part 382 of title 49, Code of 

13 Federal Regulations (or any subsequent cor14 responding regulations). 

15 ‘‘(g) REPORTING OF RECORDS.— 

16 ‘‘(1) IN GENERAL.—Medical review officers, em17 ployers, service agents, and other appropriate per18 sons, as determined by the Secretary, shall promptly 

19 submit to the Secretary records in their possession 

20 of any individual who— 

21 ‘‘(A) has refused to take an alcohol or con22 trolled substance test required under title 49, 

23 Code of Federal Regulations; 


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

2 controlled substance in violation of such regula3 tions; or 

4 ‘‘(C) has violated any other provision of 

5 subpart B of part 382 of title 49, Code of Fed6 eral Regulations (or any subsequent cor7 responding regulations). 

8 ‘‘(2) INCLUSION OF RECORDS IN CLEARING9 HOUSE.—The Secretary shall include in the clearing10 house all records of positive test results and test re11 fusals received pursuant to paragraph (1). 

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

13 Secretary determines that a record contained in the 

14 clearinghouse is not accurate, the Secretary shall 

15 modify or delete the record, as appropriate. 

16 ‘‘(4) NOTIFICATION.—The Secretary shall expe17 ditiously notify, unless such notification would be 

18 duplicative, an individual when— 

19 ‘‘(A) a record relating to the individual has 

20 been received by the clearinghouse; 

21 ‘‘(B) any record in the clearinghouse relat22 ing to the individual is modified or deleted, and 

23 include in such notification the reason for such 

24 modification or deletion; or 


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1 ‘‘(C) any record in the clearinghouse relat2 ing to the individual is released to an employer 

3 and shall include in such notification the reason 

4 for such a release. 

5 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

6 FOR REPORTING AND RELEASING.—The Secretary 

7 may establish additional requirements, as appro8 priate, to ensure that— 

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

10 clearinghouse is timely and accurate; 

11 ‘‘(B) the release of data from the clearing12 house is timely, accurate, and released to the 

13 appropriate individual, employer, or State li14 censing official; and 

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

16 clearinghouse have a cause of action for the in17 appropriate use of information included in the 

18 clearinghouse. 

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

20 shall— 

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

22 the clearinghouse during the 5-year period be23 ginning on the date on which such records are 

24 submitted; 


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1 ‘‘(B) remove such records from the clear2 inghouse at the end of such 5-year period, un3 less the individual has not met required return4 to-duty and follow-up requirements under title 

5 49, Code of Federal Regulations; and 

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

7 5-year period in a separate location for 

8 archiving and auditing purposes. 

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

10 ‘‘(1) IN GENERAL.—The Secretary shall estab11 lish a process to require employers to request and 

12 review any records in the clearinghouse pertaining to 

13 an individual before employing the individual and 

14 each year thereafter as long as the individual is 

15 under the employ of the employers. 

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

17 may not be granted access to any records in the 

18 clearinghouse pertaining to an individual until after 

19 the employer— 

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

21 consent of the individual for access to such 

22 records; and 

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

24 Secretary. 


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

2 from an employer a request, in compliance with 

3 paragraph (2), for records in the clearinghouse per4 taining to an individual, the Secretary shall provide 

5 access to the records to the employer as expedi6 tiously as practicable. 

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

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

9 year period— 

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

11 employer for records from the clearinghouse; 

12 and 

13 ‘‘(B) any information received pursuant to 

14 such request. 

15 ‘‘(5) USE OF RECORDS.— 

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

17 a record of an individual received from the 

18 clearinghouse only to assess and evaluate the 

19 qualifications of the individual to operate a 

20 commercial motor vehicle for such employer. 

21 ‘‘(B) PROTECTION OR PRIVACY OF INDI22 VIDUALS.—An employer that receives a record 

23 from the clearinghouse pertaining to an indi24 vidual shall— 


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1 ‘‘(i) protect the privacy of the indi2 vidual and the confidentiality of the record; 

3 and 

4 ‘‘(ii) ensure that information con5 tained in the record is not divulged to any 

6 person or entity who is not directly in7 volved in assessing and evaluating the 

8 qualifications of the individual to operate a 

9 commercial motor vehicle for the employer 

10 receiving the record. 

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

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish a process by which any individual may request 

14 and receive information from the clearinghouse— 

15 ‘‘(A) to determine whether the clearing16 house contains a record pertaining to the indi17 vidual; 

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

19 ‘‘(C) to update an individual’s record, in20 cluding completing the return-to-duty process 

21 described in title 49, Code of Federal Regula22 tions; and 

23 ‘‘(D) to determine whether the clearing24 house has received requests for information re25 garding the individual. 


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

2 shall establish a procedure, including an appeal 

3 process, for any individual to dispute and remedy 

4 administrative errors contained in a record in the 

5 clearinghouse that pertains to such individual. 

6 ‘‘(j) ACCESS TO CLEARINGHOUSE BY STATE LICENS7 ING AUTHORITIES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a process by which the chief commercial driver’s 

10 licensing official of a State may request and receive 

11 records from the clearinghouse that pertain to an in12 dividual applying for a commercial driver’s license 

13 from such State. 

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

15 driver’s licensing official of a State may be granted 

16 access to any records in the clearinghouse pertaining 

17 to an individual without obtaining the prior written 

18 or electronic consent of the individual and submit19 ting proof of such consent. Any individual who holds 

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

21 consented to such access. Consent is implied by ob22 taining a commercial driver’s license from the State 

23 and by driving a commercial motor vehicle. 

24 ‘‘(3) PROTECTION OF PRIVACY OF INDIVID25 UALS.—If the chief commercial driver’s licensing ofVerDate Mar 15 2010 00:27 Jul 09, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 ficial of a State receives a record from the clearing2 house pertaining to an individual, the official shall— 

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

4 and the confidentiality of record; and 

5 ‘‘(B) ensure that information contained in 

6 the record is not divulged to any person within 

7 or outside the State government who is not di8 rectly involved in assessing and evaluating the 

9 qualifications of the individual to operate a 

10 commercial motor vehicle. 

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

12 review officer, or service agent who violates any provision 

13 of this section or section 3 of the Safe Roads Act of 2011 

14 shall be subject to the civil and criminal penalties de15 scribed in section 521(b) of title 49, United States Code, 

16 and other applicable civil and criminal penalties, as deter17 mined by the Secretary. 

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

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

20 paragraph (3), any law, regulation, order, or other 

21 requirement of a State, political subdivision of a 

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

23 license holders subject to alcohol or controlled sub24 stance testing under title 49, Code of Federal Regu25 lations, which is inconsistent with the requirements 


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1 under this section or any regulation issued pursuant 

2 to the authority of this section is preempted. 

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

4 paragraph (1) shall apply to— 

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

6 from alcohol screening tests and drug tests; 

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

8 an alcohol screening test or drug test; and 

9 ‘‘(C) other violations of subpart B of part 

10 382 of title 49, Code of Federal Regulations (or 

11 any subsequent corresponding regulations). 

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

13 other requirement of a State, political subdivision of 

14 a State, or Indian tribe shall not be preempted 

15 under this subsection to the extent it relates to ac16 tions taken with respect to a commercial motor vehi17 cle operator’s commercial driver’s license or driving 

18 record as a result of such driver’s— 

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

20 result; 

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

22 test; or 

23 ‘‘(C) other violations of subpart B of part 

24 382 of title 49, Code of Federal Regulations (or 

25 any subsequent corresponding regulations). 


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

2 ‘‘(1) AUTHORIZED USERS.—The term ‘author3 ized users’ means employers, State licensing authori4 ties, and other individuals granted access to the 

5 clearinghouse. 

6 ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING

7 OFFICIAL.—The term ‘chief commercial driver’s li8 censing official’ means the official in a State who is 

9 authorized to— 

10 ‘‘(A) maintain a record about commercial 

11 driver’s licenses issued by the State; and 

12 ‘‘(B) take action on commercial driver’s li13 censes issued by the State. 

14 ‘‘(3) CLEARINGHOUSE.—The term ‘clearing15 house’ means the clearinghouse established under 

16 subsection (a). 

17 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER18 ATOR.—The term ‘commercial motor vehicle oper19 ator’ means an individual who is— 

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

21 driver’s license issued in accordance with sec22 tion 31308; and 

23 ‘‘(B) subject to controlled substances and 

24 alcohol testing under title 49, Code of Federal 

25 Regulations. 


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

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

3 1 or more employees (including an individual who is 

4 self-employed) to be commercial motor vehicle opera5 tors. 

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

7 ‘medical review officer’ means a licensed physician 

8 who is responsible for— 

9 ‘‘(A) receiving and reviewing laboratory re10 sults generated under the testing program; 

11 ‘‘(B) evaluating medical explanations for 

12 alcohol and controlled substances tests required 

13 under title 49, Code of Federal Regulations; 

14 and 

15 ‘‘(C) deciding the outcome of controlled 

16 substance tests. 

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

18 the Secretary of Transportation. 

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

20 agent’ means a person or entity, other than an em21 ployee of the employer, who provides services to em22 ployers or employees under the testing program. 

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

24 program’ means the alcohol and controlled subVerDate Mar 15 2010 00:27 Jul 09, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2459.IH H2459

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1 stances testing program required under title 49, 

2 Code of Federal Regulations.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 313 of title 49, United States Code, is amended by 

5 inserting after the item relating to section 31306 the fol6 lowing: 

‘‘31306a. National clearinghouse for alcohol and controlled substance test results of commercial motor vehicle operators.’’. 

7 SEC. 3. ENHANCED OVERSIGHT OF COLLECTION SITES. 

8 The Secretary of Transportation shall— 

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

10 for controlled substances tests under title 49, Code 

11 of Federal Regulations, to register with the Depart12 ment of Transportation; 

13 (2) publish an annual list of registered collec14 tion sites in the Federal Register and make such list 

15 available to the public; 

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

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

18 submits an annual certification to the Secretary that 

19 the site meets each of the applicable requirements 

20 under title 49, Code of Federal Regulations; and 

21 (4) develop an instrument for the certification 

22 under paragraph (3) that requires a positive re23 sponse to each applicable requirement, including an 


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1 explanation of the penalties imposed for making 

2 false statements. 

Æ 


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