S 1113 ISCommentsClose CommentsPermalink

To amend title 49, United States Code, to direct the Secretary of Transportation to establish and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators, and for other purposes.CommentsClose CommentsPermalink

May 20, 2009CommentsClose CommentsPermalink

Mr. PRYOR (for himself, Ms. SNOWE, Mr. NELSON of Nebraska, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To amend title 49, United States Code, to direct the Secretary of Transportation to establish and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Roads Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. NATIONAL CLEARINGHOUSE FOR POSITIVE ALCOHOL AND CONTROLLED SUBSTANCE TEST RESULTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.

(a) In General- Chapter 313 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 31306(a), by inserting ‘and section 31306a’ after ‘this section’; andCommentsClose CommentsPermalink





(2) by inserting after section 31306 the following:CommentsClose CommentsPermalink

‘Sec. 31306a. National clearinghouse for positive controlled substance and alcohol test results of commercial motor vehicle operators

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 2 years after the date of the enactment of the Safe Roads Act of 2009, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.CommentsClose CommentsPermalink





‘(2) PURPOSES- The purposes of the clearinghouse shall be--CommentsClose CommentsPermalink





‘(A) to improve compliance with the Department of Transportation’s alcohol and controlled substance testing program applicable to commercial motor vehicle operators;CommentsClose CommentsPermalink





‘(B) to facilitate access to information about an individual before employing the individual as a commercial motor vehicle operator;CommentsClose CommentsPermalink





‘(C) to enhance the safety of our Nation’s roadways; andCommentsClose CommentsPermalink





‘(D) to reduce accidents and fatalities involving commercial motor vehicles.CommentsClose CommentsPermalink





‘(3) CONTENTS- The clearinghouse shall function as a repository for records relating to the verified positive test results and test refusals of commercial motor vehicle operators.CommentsClose CommentsPermalink





‘(4) ELECTRONIC EXCHANGE OF RECORDS- The Secretary shall ensure that records can be electronically submitted to, and requested from, the clearinghouse by authorized users.CommentsClose CommentsPermalink





‘(b) Design of Clearinghouse-CommentsClose CommentsPermalink





‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECOMMENDATIONS- In establishing the clearinghouse, the Secretary shall consider--CommentsClose CommentsPermalink





‘(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 (Public Law 106-159); andCommentsClose CommentsPermalink





‘(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.’CommentsClose CommentsPermalink





‘(2) DEVELOPMENT OF SECURE PROCESSES- In establishing the clearinghouse, the Secretary shall develop a secure process for--CommentsClose CommentsPermalink





‘(A) administering and managing the clearinghouse in compliance with all applicable Federal security standards;CommentsClose CommentsPermalink





‘(B) registering and authenticating authorized users of the clearinghouse;CommentsClose CommentsPermalink





‘(C) registering and authenticating individuals required to report to the clearinghouse under subsection (g);CommentsClose CommentsPermalink





‘(D) preventing the unauthorized access of information from the clearinghouse;CommentsClose CommentsPermalink





‘(E) storing and transmitting data;CommentsClose CommentsPermalink





‘(F) individuals required to report to the clearinghouse under subsection (g) to timely and accurately submit electronic data to the clearinghouse;CommentsClose CommentsPermalink





‘(G) generating timely and accurate reports from the clearinghouse in response to requests for information by authorized users; andCommentsClose CommentsPermalink





‘(H) updating an individual’s record upon completion of the return-to-duty process described in title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(3) EMPLOYER ALERT OF POSITIVE TEST RESULT- In establishing the clearinghouse, the Secretary shall consider developing a secure method for electronically notifying an employer of any additional positive test results or test refusals for an individual that are entered into the clearinghouse during the 7-day period immediately following an employer’s inquiry about such individual.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) auditing and evaluating the timeliness, accuracy, and completeness of data in the clearinghouse; andCommentsClose CommentsPermalink





‘(B) auditing to monitor compliance and enforce penalties for noncompliance.CommentsClose CommentsPermalink





‘(5) FUTURE NEEDS-CommentsClose CommentsPermalink





‘(A) INTEROPERABILITY WITH OTHER DATA SYSTEMS- In establishing the clearinghouse, the Secretary shall consider--CommentsClose CommentsPermalink





‘(i) the existing data systems containing regulatory and safety data for commercial motor vehicle operators;CommentsClose CommentsPermalink





‘(ii) the efficacy of using or combining clearinghouse data with 1 or more of such systems; andCommentsClose CommentsPermalink





‘(iii) the potential interoperability of the clearinghouse with such systems.CommentsClose CommentsPermalink





‘(B) SPECIFIC CONSIDERATIONS- In carrying out subparagraph (A), the Secretary shall determine--CommentsClose CommentsPermalink





‘(i) the clearinghouse’s capability for interoperability with--CommentsClose CommentsPermalink





‘(I) the National Driver Register established under section 30302;CommentsClose CommentsPermalink





‘(II) the Commercial Driver’s License Information System established under section 31309; andCommentsClose CommentsPermalink





‘(III) other data systems, as appropriate; andCommentsClose CommentsPermalink





‘(ii) any changes to the administration of the current testing program, such as forms, that are necessary to collect data for the clearinghouse.CommentsClose CommentsPermalink





‘(c) Standard Forms- The Secretary shall develop standard forms to be used--CommentsClose CommentsPermalink





‘(1) by employers and other authorized users of the clearinghouse to--CommentsClose CommentsPermalink





‘(A) request records from the clearinghouse; andCommentsClose CommentsPermalink





‘(B) obtain the consent of each individual who is the subject of a request from the clearinghouse; andCommentsClose CommentsPermalink





‘(2) to notify individuals that positive alcohol and controlled substances test results and refusals to test will be reported to the clearinghouse.CommentsClose CommentsPermalink





‘(d) Privacy- Information may not be released from the clearinghouse unless such release complies with all applicable Federal privacy laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and fair information practices under the Privacy Act of 1974 (5 U.S.C. 552a).CommentsClose CommentsPermalink





‘(e) Fees-CommentsClose CommentsPermalink





‘(1) AUTHORITY TO COLLECT FEES- Except as provided under paragraph (3), the Secretary may collect reasonable, customary, and nominal fees from employers and other authorized users of the clearinghouse for requests for information from the clearinghouse.CommentsClose CommentsPermalink





‘(2) USE OF FEES- Fees collected under this subsection shall be used for the operation and maintenance of the clearinghouse.CommentsClose CommentsPermalink





‘(3) LIMITATION- The Secretary may not collect a fee from any individual requesting information from the clearinghouse that pertains to the record of the individual.CommentsClose CommentsPermalink





‘(f) Employer Requirements-CommentsClose CommentsPermalink





‘(1) DETERMINATION CONCERNING USE OF CLEARINGHOUSE- The Secretary shall determine which commercial motor carrier employers are authorized to use the clearinghouse to meet the alcohol and controlled substances testing requirements under title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(2) APPLICABILITY OF EXISTING REQUIREMENTS- Each commercial motor carrier employer shall comply with the alcohol and controlled substances testing requirements under title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(3) EMPLOYMENT PROHIBITIONS- A commercial motor carrier employer shall not hire an individual to operate a commercial motor vehicle unless the employer has determined that the individual, during the preceding 3-year period--CommentsClose CommentsPermalink





‘(A) has been tested for the use of alcohol and controlled substances, as required under title 49, Code of Federal Regulations;CommentsClose CommentsPermalink





‘(B)(i) has not tested positive for the use of alcohol or controlled substances in violation of such regulations; orCommentsClose CommentsPermalink





‘(ii) has tested positive for the use of alcohol or controlled substances and has completed the required return-to-duty process described in title 49, Code of Federal Regulations; andCommentsClose CommentsPermalink





‘(C) has not refused to take the alcohol or controlled substance tests required under title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(g) Reporting of Records-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Medical review officers, employers, service agents, and other appropriate persons, as determined by the Secretary, shall promptly submit to the Secretary records in their possession of any individual who--CommentsClose CommentsPermalink





‘(A) has refused to take an alcohol or controlled substance test required under title 49, Code of Federal Regulations; orCommentsClose CommentsPermalink





‘(B) has tested positive for alcohol or a controlled substance in violation of such regulations.CommentsClose CommentsPermalink





‘(2) INCLUSION OF RECORDS IN CLEARINGHOUSE- The Secretary shall include in the clearinghouse all records of positive test results and test refusals received pursuant to paragraph (1).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) NOTIFICATION- The Secretary shall expeditiously notify an individual when--CommentsClose CommentsPermalink





‘(A) a record relating to the individual is submitted to the clearinghouse;CommentsClose CommentsPermalink





‘(B) any record in the clearinghouse relating to the individual is modified or deleted, and include in such notification the reason for such modification or deletion; orCommentsClose CommentsPermalink





‘(C) any record in the clearinghouse relating to the individual is released to an employer and shall include in such notification the reason for such a release.CommentsClose CommentsPermalink





‘(5) DATA QUALITY AND SECURITY STANDARDS FOR REPORTING AND RELEASING- The Secretary may establish additional requirements, as appropriate, to ensure that--CommentsClose CommentsPermalink





‘(A) the submission of records to the clearinghouse is timely and accurate;CommentsClose CommentsPermalink





‘(B) the release of data from the clearinghouse is timely, accurate, and released to the appropriate individual, employer, or State licensing official; andCommentsClose CommentsPermalink





‘(C) the individuals with records in the clearinghouse have a cause of action for the inappropriate use of information included in the clearinghouse.CommentsClose CommentsPermalink





‘(6) RETENTION OF RECORDS- The Secretary shall--CommentsClose CommentsPermalink





‘(A) retain all the records submitted to the clearinghouse during the 5-year period beginning on the date on which such records are submitted;CommentsClose CommentsPermalink





‘(B) remove such records from the clearinghouse at the end of such 5-year period, unless the individual has not met required return-to-duty requirements under title 49, Code of Federal Regulations; andCommentsClose CommentsPermalink





‘(C) retain records beyond the end of such 5-year period in a separate location for archiving and auditing purposes.CommentsClose CommentsPermalink





‘(h) Access to Clearinghouse by Employers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish a process to require employers to request and review any records in the clearinghouse pertaining to an individual before employing the individual.CommentsClose CommentsPermalink





‘(2) CONSENT REQUIREMENT- An employer may not be granted access to any records in the clearinghouse pertaining to an individual until after the employer--CommentsClose CommentsPermalink





‘(A) obtains the prior written or electronic consent of the individual for access to such records; andCommentsClose CommentsPermalink





‘(B) submits proof of such consent to the Secretary.CommentsClose CommentsPermalink





‘(3) ACCESS TO RECORDS- Upon receiving from an employer a request, in compliance with paragraph (2), for records in the clearinghouse pertaining to an individual, the Secretary shall provide access to the records to the employer as expeditiously as practicable.CommentsClose CommentsPermalink





‘(4) RETENTION OF RECORD REQUESTS- The Secretary shall require employers to retain, for a 3-year period--CommentsClose CommentsPermalink





‘(A) a record of each request made by the employer for records from the clearinghouse; andCommentsClose CommentsPermalink





‘(B) any information received pursuant to such request.CommentsClose CommentsPermalink





‘(5) USE OF RECORDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An employer may use a record of an individual received from the clearinghouse only to assess and evaluate the qualifications of the individual to operate a commercial motor vehicle for such employer.CommentsClose CommentsPermalink





‘(B) PROTECTION OR PRIVACY OF INDIVIDUALS- An employer that receives a record from the clearinghouse pertaining to an individual shall--CommentsClose CommentsPermalink





‘(i) protect the privacy of the individual and the confidentiality of the record; andCommentsClose CommentsPermalink





‘(ii) ensure that information contained in the record is not divulged to any person or entity who is not directly involved in assessing and evaluating the qualifications of the individual to operate a commercial motor vehicle for the employer receiving the record.CommentsClose CommentsPermalink





‘(i) Access to Clearinghouse by Individuals-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish a process by which any individual may request and receive information from the clearinghouse--CommentsClose CommentsPermalink





‘(A) to determine whether the clearinghouse contains a record pertaining to the individual;CommentsClose CommentsPermalink





‘(B) to verify the accuracy of such record;CommentsClose CommentsPermalink





‘(C) to update an individual’s record, including completing the return-to-duty process described in title 49, Code of Federal Regulations; andCommentsClose CommentsPermalink





‘(D) to determine whether the clearinghouse has received requests for information regarding the individual.CommentsClose CommentsPermalink





‘(2) DISPUTE PROCEDURE- The Secretary shall establish a procedure, including an appeal process, for any individual to dispute and remedy administrative errors contained in a record in the clearinghouse that pertains to such individual.CommentsClose CommentsPermalink





‘(j) Access to Clearinghouse by State Licensing Authorities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish a process by which the chief commercial driver’s licensing official of a State may request and receive records from the clearinghouse that pertain to an individual applying for a commercial driver’s license from such State.CommentsClose CommentsPermalink





‘(2) IMPLIED CONSENT- The chief commercial driver licensing official of a State may be granted access to any records in the clearinghouse pertaining to an individual without obtaining the prior written or electronic consent of the individual and submitting proof of such consent. Any individual who holds a commercial driver’s license shall be deemed to have consented to such access. Consent is implied by obtaining a commercial driver’s license from the State and by driving a commercial motor vehicle.CommentsClose CommentsPermalink





‘(3) PROTECTION OF PRIVACY OF INDIVIDUALS- If the chief commercial driver licensing official of a State receives a record from the clearinghouse pertaining to an individual, the official shall--CommentsClose CommentsPermalink





‘(A) protect the privacy of the individual and the confidentiality of record; andCommentsClose CommentsPermalink





‘(B) ensure that information contained in the record is not divulged to any person within or outside the State government who is not directly involved in assessing and evaluating the qualifications of the individual to operate a commercial motor vehicle.CommentsClose CommentsPermalink





‘(k) Penalties- An employer, employee, medical review officer, or service agent who violates any provision of this section or section 3 of the Safe Roads Act of 2009 shall be subject to the civil and criminal penalties described in section 521(b) of title 49, United States Code, and other applicable civil and criminal penalties, as determined by the Secretary.CommentsClose CommentsPermalink





‘(l) Compatibility of State and Local Laws-CommentsClose CommentsPermalink





‘(1) PREEMPTION- Except as provided under paragraph (2), any law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe related to commercial driver’s license holders subject to alcohol or controlled substance testing under title 49, Code of Federal Regulations, which is inconsistent with the requirements under this section or any regulation issued pursuant to the authority of this section is preempted.CommentsClose CommentsPermalink





‘(2) APPLICABILITY- The preemption under paragraph (1) shall apply to--CommentsClose CommentsPermalink





‘(A) the reporting of valid positive results from alcohol screening tests and drug tests; andCommentsClose CommentsPermalink





‘(B) the refusal to provide a specimen for an alcohol screening test or drug test.CommentsClose CommentsPermalink





‘(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 actions taken with respect to a commercial motor vehicle operator’s commercial driver’s license or driving record as a result of such driver’s--CommentsClose CommentsPermalink





‘(A) verified positive alcohol or drug test result; orCommentsClose CommentsPermalink





‘(B) refusal to provide a specimen for the test.CommentsClose CommentsPermalink





‘(m) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) AUTHORIZED USERS- The term ‘authorized users’ means employers, State licensing authorities, and other individuals granted access to the clearinghouse.CommentsClose CommentsPermalink





‘(2) CHIEF DRIVER LICENSING OFFICIAL- The term ‘chief commercial driver’s licensing official’ means the official in a State who is authorized to--CommentsClose CommentsPermalink





‘(A) maintain a record about commercial driver’s licenses issued by the State; andCommentsClose CommentsPermalink





‘(B) take action on commercial driver’s licenses issued by the State.CommentsClose CommentsPermalink





‘(3) CLEARINGHOUSE- The term ‘clearinghouse’ means the clearinghouse established under subsection (a).CommentsClose CommentsPermalink





‘(4) COMMERCIAL MOTOR VEHICLE OPERATOR- The term ‘commercial motor vehicle operator’ means an individual who is--CommentsClose CommentsPermalink





‘(A) in possession of a valid commercial driver’s license issued in accordance with section 31308; andCommentsClose CommentsPermalink





‘(B) subject to controlled substances and alcohol testing under title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(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 operators.CommentsClose CommentsPermalink





‘(6) MEDICAL REVIEW OFFICER- The term ‘medical review officer’ means a licensed physician who is responsible for--CommentsClose CommentsPermalink





‘(A) receiving and reviewing laboratory results generated under the testing program; andCommentsClose CommentsPermalink





‘(B) evaluating medical explanations for alcohol and controlled substances tests required under title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(7) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation.CommentsClose CommentsPermalink





‘(8) SERVICE AGENT- The term ‘service agent’ means a person or entity, other than an employee of the employer, who provides services to employers or employees under the testing program.CommentsClose CommentsPermalink





‘(9) TESTING PROGRAM- The term ‘testing program’ means the alcohol and controlled substances testing program required under title 49, Code of Federal Regulations.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The analysis for chapter 313 of title 49, United States Code, is amended by inserting after the item relating to section 31306 the following:CommentsClose CommentsPermalink





‘31306a. National clearinghouse for positive controlled substance and alcohol test results of commercial motor vehicle operators.’.CommentsClose CommentsPermalink

SEC. 3. ENHANCED OVERSIGHT OF COLLECTION SITES.

The Secretary of Transportation shall--CommentsClose CommentsPermalink





(1) require each site at which urine is collected for alcohol and controlled substances tests under title 49, Code of Federal Regulation, to register with the Department of Transportation;CommentsClose CommentsPermalink





(2) publish an annual list of registered collection sites in the Federal Register and make such list available to the public;CommentsClose CommentsPermalink





(3) ensure that no collection site is included on the list described in paragraph (2) unless the site submits an annual certification to the Secretary that the site meets each of the applicable requirements under title 49, Code of Federal Regulations; andCommentsClose CommentsPermalink





(4) develop an instrument for the certification under paragraph (3) that requires a positive response to each applicable requirement, including an explanation of the penalties imposed for making false statements.CommentsClose CommentsPermalink

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated, in fiscal year 2010 and in each subsequent fiscal year, such sums as may be necessary to establish, operate, and maintain the national clearinghouse for positive alcohol and controlled substance test results of commercial motor vehicle operators in accordance with section 31306a of title 49, United States Code, as added by section 2.CommentsClose CommentsPermalink





(b) Additional Funding Authority- From the funds authorized to be appropriated under section 31104(i) of title 49, United States Code, up to $5,000,000 is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to develop, design, and implement the national clearinghouse if the Secretary determines that the amounts appropriated by Congress are inadequate for such purposes.CommentsClose CommentsPermalink





(c) Report to Congress- The Secretary of Transportation may not use any of the amounts appropriated pursuant to subsection (b) until after the Secretary submits a report to Congress that explains the need for such amounts.CommentsClose CommentsPermalink