National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators

The purposes of the clearinghouse shall be— In establishing the clearinghouse, the Secretary shall consider— In establishing the clearinghouse, the Secretary shall develop a secure process for— In establishing the clearinghouse, the Secretary shall develop a secure method for electronically notifying an employer of each additional positive test result or other noncompliance— In establishing the clearinghouse, the Secretary shall consider— In carrying out subparagraph (A), the Secretary shall determine— the clearinghouse’s capability for interoperability with— The Secretary shall develop standard formats to be used— by an authorized user of the clearinghouse to— A release of information from the clearinghouse shall— 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— if tested for the use of alcohol and controlled substances, as required under title 49, Code of Federal Regulations— Beginning 30 days after the date that the clearinghouse is established under subsection (a), a medical review officer, employer, service agent, and other appropriate person, as determined by the Secretary, shall promptly submit to the Secretary any record generated after the clearinghouse is initiated of an individual who— The Secretary shall expeditiously notify an individual, unless such notification would be duplicative, when— The Secretary may establish additional requirements, as appropriate, to ensure that— The Secretary shall— The Secretary shall establish a process for an employer, or an employer’s designated agent, to request and receive an individual’s record from the clearinghouse. An employer may not access an individual’s record from the clearinghouse unless the employer— The Secretary shall require an employer to retain for a 3-year period— An employer that receives an individual’s record from the clearinghouse under subparagraph (B) shall— The Secretary shall establish a process for the chief commercial driver’s licensing official of a State to request and receive an individual’s record from the clearinghouse if the individual is applying for a commercial driver’s license from the State. A chief commercial driver’s licensing official of a State that receives an individual’s record from the clearinghouse under this paragraph shall— The Secretary shall establish a process for an individual to request and receive information from the clearinghouse— The preemption under paragraph (1) shall include— 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 an action taken with respect to a commercial motor vehicle operator’s commercial driver’s license or driving record as a result of the driver’s— In this section— The term “chief commercial driver’s licensing official” means the official in a State who is authorized to— The term “commercial motor vehicle operator” means an individual who— The term “medical review officer” means a licensed physician who is responsible for—