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Bill > S754


US S754

US S754
Safe Roads Act of 2011


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

112th Congress

Bill Summary

Safe Roads Act of 2011 - Directs the Secretary of Transportation (DOT) to establish a national clearinghouse for verified positive alcohol and controlled substance test results and test refusals as well as violations of Federal Motor Carrier Safety Administration (FMCSA) alcohol and controlled substances regulations of commercial motor vehicle operators. Prohibits the release of clearinghouse information to a commercial motor carrier employer unless there has been compliance with all applicable federal privacy laws and regulations. Authorizes the Secretary to collect fees from such employers and other authorized users for informational requests. Prohibits an employer from hiring an individual to operate a commercial motor vehicle unless the employer has determined that the individual, for the preceding three-year period, has: (1) been tested for use of alcohol and controlled substances; (2) not tested positive for their use, or tested positive but has completed the return-to-duty process; (3) not refused to be tested; and (4) not violated FMCSA alcohol and controlled substances regulations. Directs the Secretary to establish a process: (1) to require employers to request and review any clearinghouse records of individuals before their employment as a commercial motor vehicle operator and for each year thereafter as long as the individual is so employed; and (2) for an individual and a state licensing authority to request and receive information from the clearinghouse. Subjects persons who violate the requirements of this Act to both civil and criminal penalties. Requires the Secretary to take certain actions to enhance DOT oversight of testing sites.

AI Summary

This bill, the Safe Roads Act of 2011, mandates the Secretary of Transportation to create a national clearinghouse, a central database, for verified positive alcohol and controlled substance test results, test refusals, and violations of Federal Motor Carrier Safety Administration (FMCSA) alcohol and drug regulations by commercial motor vehicle operators. This clearinghouse will help employers determine if a potential hire has a history of such issues over the past three years, requiring them to have been tested and either not tested positive, or having completed a return-to-duty process if they did test positive, and not having refused a test or violated FMCSA regulations. Employers will be required to check this clearinghouse before hiring and annually thereafter, with fees potentially charged for information requests, while ensuring compliance with federal privacy laws. The bill also directs the Secretary to enhance oversight of drug and alcohol testing collection sites by requiring them to register and certify compliance annually, and it authorizes appropriations for the development and implementation of the clearinghouse. Violators of these requirements will face civil and criminal penalties.

Committee Categories

Transportation and Infrastructure

Sponsors (5)

Last Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (on 04/07/2011)

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