Attachment B, Section 31306a of MAP-21

Subtitle D—Safe Roads Act of 2012
SEC. 32401. SHORT TITLE.

This subtitle may be cited as the ‘‘Safe Roads Act of 2012’’.
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 section 31306a’’ after ‘‘this section’’; and
(2) by inserting after section 31306 the following:
‘‘§ 31306a. National clearinghouse for controlled substance and alcohol test results of
commercial 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, operate, and maintain a national
clearinghouse for records relating to alcohol and controlled substances testing of commercial
motor vehicle operators.
‘‘(2) PURPOSES.—The purposes of the clearinghouse shall be—
‘‘(A) to improve compliance with the Department of Transportation’s alcohol and controlled
substances testing program applicable to commercial motor vehicle operators; and MAP-21 Enrolled Bill - P.L. 112-141

H. R. 4348—392
‘‘(B) to enhance the safety of our United States roadways by reducing accident and injuries
involving the misuse of alcohol or use of controlled substances by operators of commercial motor
vehicles. ‘‘(3) CONTENTS.—The clearinghouse shall function as a
repository for records relating to the positive test results and test refusals of commercial 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 electronically
submitted to, and requested from, the clearinghouse by authorized users.
‘‘(5) AUTHORIZED OPERATOR.—The Secretary may authorize a qualified private entity to operate and
maintain the clearinghouse and to collect fees on behalf of the Secretary under subsection (e). The
entity shall operate and maintain the clearinghouse and permit access to driver information and
records from the clearinghouse in accordance with this section. ‘‘(b) D ESIGN OF CLEARINGHOUSE.—
‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECOMMENDATIONS.—In establishing the
clearinghouse, the Secretary shall consider—
‘‘(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 Office’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—
‘‘(A) administering and managing the clearinghouse in compliance with applicable Federal
security standards; ‘‘(B) registering and authenticating authorized 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 clearinghouse
under subsection (g) to timely and accurately submit electronic data to the clearinghouse;
‘‘(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 described in
title 49, Code of Federal Regulations. ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RESULT.—In estab
lishing the clearinghouse, the Secretary shall develop a secure MAP-21 - Enrolled Bill - P.L. 112-141

H. R. 4348—393
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
immediately following an employer’s inquiry about the employee; and
‘‘(B) for an employee who is listed as having multiple employers. ‘‘(4) A RCHIVE CAPABILITY.—
In establishing the clearing
house, the Secretary shall develop a process for archiving all clearinghouse records for the
purposes of auditing and evaluating the timeliness, accuracy, and completeness of data in the
clearinghouse.
‘‘(5) FUTURE NEEDS.—
‘‘(A) INTEROPERABILITY WITH OTHER DATA SYSTEMS.— In establishing the clearinghouse, the
Secretary shall consider—
‘‘(i) the existing data systems containing regulatory and safety data for commercial
motor vehicle operators; ‘‘(ii) the efficacy of using or combining clearinghouse data
with 1 or more of such systems; and
‘‘(iii) the potential interoperability of the clearinghouse with such systems. ‘‘(B) S PECIFIC
CONSIDERATIONS.—In carrying 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 License Information System
established under section 31309;
‘‘(III) the Motor Carrier Management Information System for preemployment
screening services under section 31150; and
‘‘(IV) other data systems, as appropriate; 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 develop standard formats to be used—
‘‘(1) by an authorized user of the clearinghouse to— ‘‘(A) request a record from the
clearinghouse; and ‘‘(B) obtain the consent of an individual who is the
subject of a request from the clearinghouse, if applicable; and ‘‘(2) to notify an individual
that a positive alcohol or con
trolled 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
regulations), will be reported to the clearinghouse. ‘‘(d) P RIVACY.—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 MAP-21 - Enrolled Bill - P.L. 112-141

H. R. 4348—394
‘‘(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 collect
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
maintenance of the clearinghouse.
‘‘(3) LIMITATION.—The Secretary may not collect a fee from an individual requesting information from
the clearinghouse that pertains to the record of that individual. ‘‘(f) E MPLOYER 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
requirements under title 49, Code of Federal Regulations.
‘‘(2) APPLICABILITY OF EXISTING REQUIREMENTS.—Each employer and service agent shall continue to
comply with the alcohol and controlled substances testing requirements under title 49, Code of
Federal Regulations.
‘‘(3) EMPLOYMENT PROHIBITIONS.—After the clearinghouse is established under subsection (a), at a
date determined to be appropriate by the Secretary and published in the Federal Register, an
employer shall utilize the clearinghouse to determine whether any employment prohibitions exist
and shall not hire an individual to operate a commercial motor vehicle unless the employer
determines that the individual, during the preceding 3-year period—
‘‘(A) if tested for the use of alcohol and controlled 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 alcohol 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 controlled substance test and completed the required return-toduty 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 Federal
Regulations (or any subsequent corresponding regulations). ‘‘(4) A NNUAL REVIEW.—After the
clearinghouse is estab
lished under subsection (a), at a date determined to be appropriate by the Secretary and published in
the Federal Register, an employer shall request and review a commercial motor vehicle operator’s
record from the clearinghouse annually for