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hire an individual to operate a commercial motor ve-
hicle unless the employer determines that the indi-
vidual, during the preceding 3-year period— 
‘‘(A) if tested for the use of alcohol and con-
trolled substances, as required under title 49, 
Code of Federal Regulations— 
‘‘(i) did not test positive for the use of 
alcohol or controlled substances in violation 
of the regulations; or 
‘‘(ii) tested positive for the use of alco-
hol or controlled substances and completed 
the required return-to-duty process under 
title 49, Code of Federal Regulations; 
‘‘(B)(i) did not refuse to take an alcohol or 
controlled substance test under title 49, Code of 
Federal Regulations; or 
‘‘(ii) refused to take an alcohol or con-
trolled substance test and completed the re-
quired return-to-duty process under title 49, 
Code of Federal Regulations; and 
‘‘(C) did not violate any other provision of 
subpart B of part 382 of title 49, Code of Fed-
eral 
Regulations 
(or 
any 
subsequent 
cor-
responding regulations).
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‘‘(4) ANNUAL REVIEW.—Beginning 30 days after 
the date that the clearinghouse is established under 
subsection (a), an employer shall request and review 
a commercial motor vehicle operator’s record from the 
clearinghouse annually for as long as the commercial 
motor vehicle operator is under the employ of the em-
ployer. 
‘‘(g) REPORTING OF RECORDS.— 
‘‘(1) IN GENERAL.—Beginning 30 days after the 
date that the clearinghouse is established under sub-
section (a), a medical review officer, employer, service 
agent, and other appropriate person, as determined 
by the Secretary, shall promptly submit to the Sec-
retary any record generated after the clearinghouse is 
initiated of an individual who— 
‘‘(A) refuses to take an alcohol or controlled 
substances test required under title 49, Code of 
Federal Regulations; 
‘‘(B) tests positive for alcohol or a controlled 
substance in violation of the regulations; or 
‘‘(C) violates any other provision of subpart 
B of part 382 of title 49, Code of Federal Regu-
lations (or any subsequent corresponding regula-
tions).
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‘‘(2) INCLUSION
OF
RECORDS
IN
CLEARING-
HOUSE.—The Secretary shall include in the clearing-
house the records of positive test results and test refus-
als received under 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 expedi-
tiously notify an individual, unless such notification 
would be duplicative, when— 
‘‘(A) a record relating to the individual is 
received by the clearinghouse; 
‘‘(B) a record in the clearinghouse relating 
to the individual is modified or deleted, and in-
clude in the notification the reason for the modi-
fication or deletion; or 
‘‘(C) a record in the clearinghouse relating 
to the individual is released to an employer and 
specify the reason for the release. 
‘‘(5) DATA QUALITY AND SECURITY STANDARDS 
FOR
REPORTING
AND
RELEASING.—The Secretary 
may establish additional requirements, as appro-
priate, to ensure that—
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‘‘(A) the submission of records to the clear-
inghouse is timely and accurate; 
‘‘(B) the release of data from the clearing-
house is timely, accurate, and released to the ap-
propriate authorized user under this section; and 
‘‘(C) an individual with a record in the 
clearinghouse has a cause of action for any inap-
propriate use of information included in the 
clearinghouse. 
‘‘(6) RETENTION OF RECORDS.—The Secretary 
shall— 
‘‘(A) retain a record submitted to the clear-
inghouse for a 5-year period beginning on the 
date the record is submitted; 
‘‘(B) remove the record from the clearing-
house at the end of the 5-year period, unless the 
individual fails to meet a return-to-duty or fol-
low-up requirement under title 49, Code of Fed-
eral Regulations; and 
‘‘(C) retain a record after the end of the 5- 
year period in a separate location for archiving 
and auditing purposes. 
‘‘(h) AUTHORIZED USERS.—
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† HR 4348 EAS 
(3) by amending section 31310(d) to read as fol-
lows: 
‘‘(d) CONTROLLED
SUBSTANCE
VIOLATIONS.—The 
Secretary may permanently disqualify an individual from 
operating a commercial vehicle if the individual— 
‘‘(1) uses a commercial motor vehicle in the com-
mission of a felony involving manufacturing, distrib-
uting, or dispensing a controlled substance, or posses-
sion with intent to manufacture, distribute, or dis-
pense a controlled substance; or 
‘‘(2) uses alcohol or a controlled substance, in 
violation of section 31306, 3 or more times.’’. 
SEC. 32404. AUTHORIZATION OF APPROPRIATIONS. 
From the funds authorized to be appropriated under 
section 31104(h) of title 49, United States Code, up to 
$5,000,000 is authorized to be appropriated from the High-
way Trust Fund (other than the Mass Transit Account) for 
the Secretary of Transportation to develop, design, and im-
plement the national clearinghouse required by section 
32402 of this Act. 
Subtitle E—Enforcement 
SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CRE-
DENTIALS. 
(a) SAFETY
INVESTIGATIONS.—Section 504(c) is 
amended—