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SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS OF 
COMMERCIAL MOTOR VEHICLE OPERATORS. 
(a) IN GENERAL.—Chapter 313 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 controlled sub-
stance and alcohol test results of commer-
cial motor vehicle operators 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Safe Roads Act of 2012, 
the Secretary of Transportation shall establish a na-
tional clearinghouse for records relating to alcohol 
and controlled substances testing of commercial 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 substances testing program applicable to 
commercial motor vehicle operators;
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‘‘(B) to facilitate access to information 
about an individual before employing the indi-
vidual 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 number of impaired com-
mercial motor vehicle operators. 
‘‘(3) CONTENTS.—The clearinghouse shall func-
tion as a repository for records relating to the positive 
test results and test refusals of commercial motor ve-
hicle 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 electroni-
cally submitted to, and requested from, the clearing-
house 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). The entity shall establish, operate, main-
tain and expand the clearinghouse and permit access
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to driver information and records from the clearing-
house 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 Congress 
required under section 226 of the Motor Carrier 
Safety Improvement Act of 1999 (49 U.S.C. 
31306 note); 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 de-
velop a secure process for— 
‘‘(A) administering and managing the 
clearinghouse in compliance with applicable 
Federal security standards;
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‘‘(B) registering and authenticating author-
ized users of the clearinghouse; 
‘‘(C) registering and authenticating persons 
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) persons required to report to the clear-
inghouse under subsection (g) to timely and ac-
curately submit electronic data to the clearing-
house; 
‘‘(G) generating timely and accurate reports 
from the clearinghouse in response to requests 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 develop a secure method for electronically 
notifying an employer of each additional positive test 
result or other noncompliance— 
‘‘(A) for an employee, that is entered into 
the clearinghouse during the 7-day period imme-
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diately following an employer’s inquiry about 
the employee; and 
‘‘(B) for an employee who is listed as hav-
ing multiple employers. 
‘‘(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 clearinghouse, 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 combining 
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; 
‘‘(III) the Motor Carrier Manage-
ment Information System for pre-
employment screening services under 
section 31150; and 
‘‘(IV) other data systems, as ap-
propriate; and 
‘‘(ii) any change to the administration 
of the current testing program, such as 
forms, that is necessary to collect data for 
the clearinghouse. 
‘‘(c) STANDARD FORMATS.—The Secretary shall de-
velop standard formats to be used—
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‘‘(1) by an authorized user of the clearinghouse 
to— 
‘‘(A) request a record from the clearing-
house; and 
‘‘(B) obtain the consent of an individual 
who is the subject of a request from the clearing-
house, if applicable; and 
‘‘(2) to notify an individual that a positive alco-
hol or controlled substances test result, refusing to 
test, and a violation of any of the prohibitions under 
subpart B of part 382 of title 49, Code of Federal 
Regulations (or any subsequent corresponding regula-
tions), will be reported to the clearinghouse. 
‘‘(d) PRIVACY.—A release of information from the 
clearinghouse shall— 
‘‘(1) comply with applicable Federal privacy 
laws, including the fair information practices under 
the Privacy Act of 1974 (5 U.S.C. 552a); 
‘‘(2) comply with applicable sections of the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.); and 
‘‘(3) not be made to any person or entity unless 
expressly authorized or required by law. 
‘‘(e) FEES.— 
‘‘(1) AUTHORITY TO COLLECT FEES.—Except as 
provided under paragraph (3), the Secretary may col-
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lect a reasonable, customary, and nominal fee from 
an authorized user of the clearinghouse for a request 
for information from the clearinghouse. 
‘‘(2) USE OF FEES.—Fees collected under this 
subsection shall be used for the operation and mainte-
nance of the clearinghouse. 
‘‘(3) LIMITATION.—The Secretary may not col-
lect a fee from an individual requesting information 
from the clearinghouse that pertains to the record of 
that individual. 
‘‘(f) EMPLOYER REQUIREMENTS.— 
‘‘(1) DETERMINATION
CONCERNING
USE
OF 
CLEARINGHOUSE.—The Secretary shall determine if 
an employer is authorized to use the clearinghouse to 
meet the alcohol and controlled substances testing re-
quirements under title 49, Code of Federal Regula-
tions. 
‘‘(2) APPLICABILITY
OF
EXISTING
REQUIRE-
MENTS.—Each employer and service agent shall com-
ply with the alcohol and controlled substances testing 
requirements under title 49, Code of Federal Regula-
tions. 
‘‘(3) EMPLOYMENT
PROHIBITIONS.—Beginning 
30 days after the date that the clearinghouse is estab-
lished under subsection (a), an employer shall not