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† HR 4348 EAS 
‘‘(1) EMPLOYERS.—The Secretary shall establish 
a process for an employer to request and receive an 
individual’s record from the clearinghouse. 
‘‘(A) CONSENT.—An employer may not ac-
cess an individual’s record from the clearing-
house unless the employer— 
‘‘(i) obtains the prior written or elec-
tronic consent of the individual for access to 
the record; and 
‘‘(ii) submits proof of the individual’s 
consent to the Secretary. 
‘‘(B) ACCESS TO RECORDS.—After receiving 
a request from an employer for an individual’s 
record under subparagraph (A), the Secretary 
shall grant access to the individual’s record to 
the employer as expeditiously as practicable. 
‘‘(C) RETENTION OF RECORD REQUESTS.— 
The Secretary shall require an employer to re-
tain for a 3-year period— 
‘‘(i) a record of each request made by 
the employer for records from the clearing-
house; and 
‘‘(ii) the information received pursuant 
to the request.
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† HR 4348 EAS 
‘‘(D) USE OF RECORDS.—An employer may 
use an individual’s record received from the 
clearinghouse only to assess and evaluate the 
qualifications of the individual to operate a com-
mercial motor vehicle for the employer. 
‘‘(E) PROTECTION OF PRIVACY OF INDIVID-
UALS.—An employer that receives an individ-
ual’s record from the clearinghouse under sub-
paragraph (B) shall— 
‘‘(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 a 
person or entity that is not directly in-
volved in assessing and evaluating the 
qualifications of the individual to operate a 
commercial motor vehicle for the employer. 
‘‘(2) STATE LICENSING AUTHORITIES.—The Sec-
retary shall establish a process for the chief commer-
cial driver’s licensing official of a State to request 
and receive an individual’s record from the clearing-
house if the individual is applying for a commercial 
driver’s license from the State.
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† HR 4348 EAS 
‘‘(A) CONSENT.—The Secretary may grant 
access to an individual’s record in the clearing-
house under this paragraph without the prior 
written or electronic consent of the individual. 
An individual who holds a commercial driver’s 
license shall be deemed to consent to such access 
by obtaining a commercial driver’s license. 
‘‘(B) PROTECTION OF PRIVACY OF INDIVID-
UALS.—A chief commercial driver’s licensing of-
ficial of a State that receives an individual’s 
record from the clearinghouse under this para-
graph shall— 
‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
‘‘(ii) ensure that the information in the 
record is not divulged to any person that is 
not directly involved in assessing and evalu-
ating the qualifications of the individual to 
operate a commercial motor vehicle. 
‘‘(3) 
NATIONAL
TRANSPORTATION
SAFETY 
BOARD.—The Secretary shall establish a process for 
the National Transportation Safety Board to request 
and receive an individual’s record from the clearing-
house if the individual is involved in an accident that
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† HR 4348 EAS 
is under investigation by the National Transportation 
Safety Board. 
‘‘(A) CONSENT.—The Secretary may grant 
access to an individual’s record in the clearing-
house under this paragraph without the prior 
written or electronic consent of the individual. 
An individual who holds a commercial driver’s 
license shall be deemed to consent to such access 
by obtaining a commercial driver’s license. 
‘‘(B) PROTECTION OF PRIVACY OF INDIVID-
UALS.—An official of the National Transpor-
tation Safety Board that receives an individual’s 
record from the clearinghouse under this para-
graph shall— 
‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
‘‘(ii) unless the official determines that 
the information in the individual’s record 
should be reported under section 1131(e), 
ensure that the information in the record is 
not divulged to any person that is not di-
rectly involved with investigating the acci-
dent.
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† HR 4348 EAS 
(1) by inserting ‘‘, or an employee of the recipi-
ent of a grant issued under section 31102 of this title’’ 
after ‘‘a contractor’’; and 
(2) by inserting ‘‘, in person or in writing’’ after 
‘‘proper credentials’’. 
(b) CIVIL PENALTY.—Section 521(b)(2)(E) is amend-
ed— 
(1) by redesignating subparagraph (E) as sub-
paragraph (E)(i); and 
(2) by adding at the end the following: 
‘‘(ii) PLACE
OUT
OF
SERVICE.—The 
Secretary may by regulation adopt proce-
dures for placing out of service the commer-
cial motor vehicle of a foreign-domiciled 
motor carrier that fails to promptly allow 
the Secretary to inspect and copy a record 
or inspect equipment, land, buildings, or 
other property.’’. 
(c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec-
tion 5121(c)(2) is amended by inserting ‘‘, in person or in 
writing,’’ after ‘‘proper credentials’’. 
(d) COMMERCIAL INVESTIGATIONS.—Section 14122(b) 
is amended by inserting ‘‘, in person or in writing’’ after 
‘‘proper credentials’’.