I 
112TH CONGRESS 
1ST SESSION H. R. 2459 
To amend title 49, United States Code, to require the Secretary of Transpor-
tation 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 Sec-
retary 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 Representa-
tives 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’’. 
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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 sec-
tion 31306a’’ after ‘‘this section’’; and 
(2) by inserting after section 31306 the fol-
lowing: 
‘‘§ 31306a. National clearinghouse for alcohol and 
controlled substance test results of com-
mercial 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 (re-
ferred to in this section as the ‘Secretary’) shall es-
tablish a national clearinghouse for records relating 
to alcohol and controlled substances testing of com-
mercial motor vehicle operators. 
‘‘(2) PURPOSES.—The purposes of the clearing-
house shall be— 
‘‘(A) to improve compliance with the De-
partment of Transportation’s alcohol and con-
trolled substance testing program applicable to 
commercial motor vehicle operators; 
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‘‘(B) to facilitate access to information 
about an individual before that individual is em-
ployed 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 func-
tion as a repository for records relating to the 
verified positive test results and test refusals of com-
mercial 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 elec-
tronically 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 sub-
section (e). Such entity shall establish, operate, 
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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 estab-
lishing the clearinghouse, the Secretary shall con-
sider— 
‘‘(A) the findings and recommendations 
contained in the Federal Motor Carrier Safety 
Administration’s March 2004 report to Con-
gress required under section 226 of the Motor 
Carrier Safety Improvement Act of 1999 (Pub-
lic Law 106–159); and 
‘‘(B) the findings and recommendations 
contained in the Government Accountability Of-
fice’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— 
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‘‘(A) administering and managing the 
clearinghouse in compliance with all applicable 
Federal security standards; 
‘‘(B) registering and authenticating au-
thorized users of the clearinghouse; 
‘‘(C) registering and authenticating indi-
viduals 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 re-
ports from the clearinghouse in response to re-
quests for information by authorized users; and 
‘‘(H) updating an individual’s record upon 
completion of the return-to-duty process de-
scribed in title 49, Code of Federal Regulations. 
‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE-
SULT.—In establishing the clearinghouse, the Sec-
retary shall consider developing a secure method for 
electronically notifying an employer of any additional 
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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 timeli-
ness, 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 clearing-
house, the Secretary shall consider— 
‘‘(i) the existing data systems con-
taining regulatory and safety data for com-
mercial motor vehicle operators; 
‘‘(ii) the efficacy of using or com-
bining clearinghouse data with 1 or more 
of such systems; and 
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‘‘(iii) the potential interoperability of 
the clearinghouse with such systems. 
‘‘(B) SPECIFIC CONSIDERATIONS.—In car-
rying 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 Li-
cense Information System established 
under section 31309; and 
‘‘(III) other data systems, as ap-
propriate; and 
‘‘(ii) any changes to the administra-
tion of the current testing program, such 
as forms, that are necessary to collect data 
for the clearinghouse. 
‘‘(c) STANDARD FORMS.—The Secretary shall de-
velop standard forms to be used— 
‘‘(1) by employers and other authorized users of 
the clearinghouse to— 
‘‘(A) request records from the clearing-
house; and 
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‘‘(B) obtain the consent of each individual 
who is the subject of a request from the clear-
inghouse; and 
‘‘(2) to notify individuals that positive alcohol 
and controlled substances test results, refusals to 
test, and violations of prohibitions set forth in sub-
part B of part 382 of title 49, Code of Federal Reg-
ulations (or any subsequent corresponding regula-
tions), 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, includ-
ing 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 clear-
inghouse for requests for information from the clear-
inghouse. 
‘‘(2) USE OF FEES.—Fees collected under this 
subsection shall be used for the operation and main-
tenance of the clearinghouse. 
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‘‘(3) LIMITATION.—The Secretary may not col-
lect 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 au-
thorized to use the clearinghouse to meet the alcohol 
and controlled substances testing requirements 
under title 49, Code of Federal Regulations. 
‘‘(2) APPLICABILITY
OF
EXISTING
REQUIRE-
MENTS.—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 commer-
cial motor carrier employer shall not hire an indi-
vidual 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; 
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‘‘(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 alco-
hol 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 cor-
responding regulations). 
‘‘(g) REPORTING OF RECORDS.— 
‘‘(1) IN GENERAL.—Medical review officers, em-
ployers, service agents, and other appropriate per-
sons, 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 con-
trolled substance test required under title 49, 
Code of Federal Regulations; 
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‘‘(B) has tested positive for alcohol or a 
controlled substance in violation of such regula-
tions; or 
‘‘(C) has violated any other provision of 
subpart B of part 382 of title 49, Code of Fed-
eral Regulations (or any subsequent cor-
responding regulations). 
‘‘(2) INCLUSION
OF
RECORDS
IN
CLEARING-
HOUSE.—The Secretary shall include in the clearing-
house all records of positive test results and test re-
fusals 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 expe-
ditiously 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 relat-
ing to the individual is modified or deleted, and 
include in such notification the reason for such 
modification or deletion; or 
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‘‘(C) any record in the clearinghouse relat-
ing 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 appro-
priate, to ensure that— 
‘‘(A) the submission of records to the 
clearinghouse is timely and accurate; 
‘‘(B) the release of data from the clearing-
house is timely, accurate, and released to the 
appropriate individual, employer, or State li-
censing official; and 
‘‘(C) the individuals with records in the 
clearinghouse have a cause of action for the in-
appropriate 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 be-
ginning on the date on which such records are 
submitted; 
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‘‘(B) remove such records from the clear-
inghouse at the end of such 5-year period, un-
less 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 estab-
lish 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. 
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‘‘(3) ACCESS
TO
RECORDS.—Upon receiving 
from an employer a request, in compliance with 
paragraph (2), for records in the clearinghouse per-
taining to an individual, the Secretary shall provide 
access to the records to the employer as expedi-
tiously 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 INDI-
VIDUALS.—An employer that receives a record 
from the clearinghouse pertaining to an indi-
vidual shall— 
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‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
‘‘(ii) ensure that information con-
tained in the record is not divulged to any 
person or entity who is not directly in-
volved 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 estab-
lish a process by which any individual may request 
and receive information from the clearinghouse— 
‘‘(A) to determine whether the clearing-
house contains a record pertaining to the indi-
vidual; 
‘‘(B) to verify the accuracy of such record; 
‘‘(C) to update an individual’s record, in-
cluding completing the return-to-duty process 
described in title 49, Code of Federal Regula-
tions; and 
‘‘(D) to determine whether the clearing-
house has received requests for information re-
garding the individual. 
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‘‘(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 LICENS-
ING AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish 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 in-
dividual 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 submit-
ting 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 ob-
taining a commercial driver’s license from the State 
and by driving a commercial motor vehicle. 
‘‘(3) PROTECTION
OF
PRIVACY
OF
INDIVID-
UALS.—If the chief commercial driver’s licensing of-
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ficial of a State receives a record from the clearing-
house 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 di-
rectly 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 de-
scribed in section 521(b) of title 49, United States Code, 
and other applicable civil and criminal penalties, as deter-
mined 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 sub-
stance testing under title 49, Code of Federal Regu-
lations, which is inconsistent with the requirements 
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‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) AUTHORIZED USERS.—The term ‘author-
ized users’ means employers, State licensing authori-
ties, and other individuals granted access to the 
clearinghouse. 
‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING 
OFFICIAL.—The term ‘chief commercial driver’s li-
censing 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 li-
censes issued by the State. 
‘‘(3) CLEARINGHOUSE.—The term ‘clearing-
house’ means the clearinghouse established under 
subsection (a). 
‘‘(4) COMMERCIAL
MOTOR
VEHICLE
OPER-
ATOR.—The term ‘commercial motor vehicle oper-
ator’ means an individual who is— 
‘‘(A) in possession of a valid commercial 
driver’s license issued in accordance with sec-
tion 31308; and 
‘‘(B) subject to controlled substances and 
alcohol testing under title 49, Code of Federal 
Regulations. 
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‘‘(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 opera-
tors. 
‘‘(6) MEDICAL
REVIEW
OFFICER.—The term 
‘medical review officer’ means a licensed physician 
who is responsible for— 
‘‘(A) receiving and reviewing laboratory re-
sults 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 em-
ployee of the employer, who provides services to em-
ployers or employees under the testing program. 
‘‘(9) TESTING
PROGRAM.—The term ‘testing 
program’ means the alcohol and controlled sub-
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stances testing program required under title 49, 
Code of Federal Regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 313 of title 49, United States Code, is amended by 
inserting after the item relating to section 31306 the fol-
lowing: 
‘‘31306a. National clearinghouse for alcohol and controlled substance test re-
sults 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 Depart-
ment of Transportation; 
(2) publish an annual list of registered collec-
tion 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 re-
sponse to each applicable requirement, including an 
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explanation of the penalties imposed for making 
false statements. 
Æ 
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