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‘‘(4) ADDITIONAL
AUTHORIZED
USERS.—The 
Secretary shall consider whether to grant access to the 
clearinghouse to additional users. The Secretary may 
authorize access to an individual’s record from the 
clearinghouse to an additional user if the Secretary 
determines that granting access will further the pur-
poses under subsection (a)(2). In determining whether 
the access will further the purposes under subsection 
(a)(2), the Secretary shall consider, among other 
things— 
‘‘(A) what use the additional user will make 
of the individual’s record; 
‘‘(B) the costs and benefits of the use; and 
‘‘(C) how to protect the privacy of the indi-
vidual and the confidentiality of the record. 
‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a process for an individual to request and receive in-
formation from the clearinghouse— 
‘‘(A) to determine whether the clearinghouse 
contains a record pertaining to the individual; 
‘‘(B) to verify the accuracy of a record; 
‘‘(C) to update an individual’s record, in-
cluding completing the return-to-duty process de-
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scribed in title 49, Code of Federal Regulations; 
and 
‘‘(D) to determine whether the clearinghouse 
received requests for the individual’s informa-
tion. 
‘‘(2) DISPUTE PROCEDURE.—The Secretary shall 
establish a procedure, including an appeal process, for 
an individual to dispute and remedy an administra-
tive error in the individual’s record. 
‘‘(j) PENALTIES.— 
‘‘(1) IN GENERAL.—An employer, employee, med-
ical review officer, or service agent who violates any 
provision of this section shall be subject to civil pen-
alties under section 521(b)(2)(C) and criminal pen-
alties under section 521(b)(6)(B), and any other ap-
plicable civil and criminal penalties, as determined 
by the Secretary. 
‘‘(2) VIOLATION
OF
PRIVACY.—The Secretary 
shall establish civil and criminal penalties, consistent 
with paragraph (1), for an authorized user who vio-
lates paragraph (2)(B) or (3)(B) of subsection (h). 
‘‘(k) 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
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State, or Indian tribe related to a commercial driver’s 
license holder subject to alcohol or controlled substance 
testing under title 49, Code of Federal Regulations, 
that is inconsistent with this section or a regulation 
issued pursuant to this section is preempted. 
‘‘(2) APPLICABILITY.—The preemption under 
paragraph (1) shall include— 
‘‘(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 an action 
taken with respect to a commercial motor vehicle op-
erator’s commercial driver’s license or driving record 
as a result of the driver’s— 
‘‘(A) verified positive alcohol or drug test 
result; 
‘‘(B) refusal to provide a specimen for the 
test; or
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‘‘(C) other violations of subpart B of part 
382 of title 49, Code of Federal Regulations (or 
any subsequent corresponding regulations). 
‘‘(l) DEFINITIONS.—In this section— 
‘‘(1) AUTHORIZED USER.—The term ‘authorized 
user’ means an employer, State licensing authority, 
National Transportation Safety Board, or other per-
son granted access to the clearinghouse under sub-
section (h). 
‘‘(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 ‘clearinghouse’ 
means the clearinghouse established under subsection 
(a). 
‘‘(4) COMMERCIAL MOTOR VEHICLE OPERATOR.— 
The term ‘commercial motor vehicle operator’ means 
an individual who—
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‘‘(A) possesses a valid commercial driver’s 
license issued in accordance with section 31308; 
and 
‘‘(B) is 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 opera-
tors. 
‘‘(6) MEDICAL
REVIEW
OFFICER.—The term 
‘medical review officer’ means a licensed physician 
who is responsible for— 
‘‘(A) receiving and reviewing a laboratory 
result generated under the testing program; 
‘‘(B) evaluating a medical explanation for a 
controlled substances test under title 49, Code of 
Federal Regulations; and 
‘‘(C) interpreting the results of a controlled 
substances test. 
‘‘(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
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the employer, who provides services to employers or 
employees under the testing program. 
‘‘(9) TESTING PROGRAM.—The term ‘testing pro-
gram’ means the alcohol and controlled substances 
testing program required under title 49, Code of Fed-
eral Regulations.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 313 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. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 
Chapter 313 is amended— 
(1) 
by 
redesignating 
section 
31306(f) 
as 
31306(f)(1); and 
(2) by inserting after section 31306(f)(1) the fol-
lowing: 
‘‘(2) ADDITIONAL
SANCTIONS.—The Secretary 
may require a State to revoke, suspend, or cancel the 
commercial driver’s license of a commercial motor ve-
hicle operator who is found, based on a test conducted 
and confirmed under this section, to have used alcohol 
or a controlled substance in violation of law until the 
commercial motor vehicle operator completes the reha-
bilitation process under subsection (e).’’; and