Section 32305 of the Moving Ahead for Progress in the 21th Century Act (MAP-21), Public Law 112-141, Attachment A

Section 32305,MAP-21(Pub.L. 112-141,July6,2012).pdf

State Commercial Driver's License Program Plan

Section 32305 of the Moving Ahead for Progress in the 21th Century Act (MAP-21), Public Law 112-141, Attachment A

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SEC. 32305. COMMERCIAL DRIVER'S LICENSE PROGRAM.
(a) In General.--Section 31309 is amended-(1) in subsection (e)(4), by amending subparagraph (A) to
read as follows:
``(A) <> In general.--The plan shall
specify-``(i) a date by which all States shall be
operating commercial driver's license information
systems that are compatible with the modernized
information system under this section; and
``(ii) that States must use the systems to
receive and submit conviction and disqualification
data.''; and
(2) in subsection (f), by striking ``use'' and inserting
``use, subject to section 31313(a),''.
(b) Requirements for State Participation.--Section 31311 is
amended-(1) in subsection (a), as amended by section 32203(b) of
this Act-(A) <> in paragraph
(5), by striking ``At least'' and all that follows
through ``regulation),'' and inserting: ``Not later than
the time period prescribed by the Secretary by
regulation,''; and
(B) by adding at the end the following:
``(23) <> Not later than 1 year
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the State shall implement a
system and practices for the exclusive electronic exchange of
driver history record information on the system the Secretary
maintains under section 31309, including the posting of
convictions, withdrawals, and disqualifications.
``(24) <> Before renewing or issuing a
commercial driver's license to an individual, the State shall
request information pertaining to the individual from the drug
and alcohol clearinghouse maintained under section 31306a.'';
and
(2) by adding at the end the following:
``(d) State Commercial Driver's License Program Plan.-``(1) <> In general.--A State shall
submit a plan to the Secretary for complying with the
requirements under this section during the period beginning on
the date the plan is submitted and ending on September 30, 2016.
[[Page 126 STAT. 793]]
``(2) Contents.--A plan submitted by a State under paragraph
(1) shall identify-``(A) the actions that the State will take to
address any deficiencies in the State's commercial
driver's license program, as identified by the Secretary
in the most recent audit of the program; and
``(B) other actions that the State will take to
comply with the requirements under subsection (a).

``(3) Priority.-``(A) Implementation schedule.--A plan submitted by
a State under paragraph (1) shall include a schedule for
the implementation of the actions identified under
paragraph (2). In establishing the schedule, the State
shall prioritize actions to address any deficiencies
highlighted by the Secretary as critical in the most
recent audit of the program.
``(B) Deadline for compliance with requirements.--A
plan submitted by a State under paragraph (1) shall
include assurances that the State will take the
necessary actions to comply with the requirements of
subsection (a) not later than September 30, 2015.
``(4) Approval and disapproval.--The Secretary shall-``(A) <> review each plan submitted
under paragraph (1);
``(B)(i) <> approve a plan if
the Secretary determines that the plan meets the
requirements under this subsection and promotes the
goals of this chapter; and
``(ii) disapprove a plan that the Secretary
determines does not meet the requirements or does not
promote the goals.
``(5) Modification of disapproved plans.--If the Secretary
disapproves a plan under paragraph (4), the Secretary shall-``(A) <> provide a written
explanation of the disapproval to the State; and
``(B) allow the State to modify the plan and
resubmit it for approval.
``(6) Plan updates.--The Secretary may require a State to
review and update a plan, as appropriate.
``(e) Annual Comparison of State Levels of Compliance.--The
Secretary shall annually-``(1) compare the relative levels of compliance by States
with the requirements under subsection (a); and
``(2) <> make the results of the
comparison available to the public.''.


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