49 U.S.C. § 31309 — Commercial driver’s license information system

**(a) General Requirement.—** The Secretary of Transportation (referred to in this section as the “Secretary”) shall maintain an information system (referred to in this section as the “information system”) that will serve as a clearinghouse and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles. The information system shall be coordinated with activities carried out under section 31106. The Secretary shall consult with the States in carrying out this section. **(b) Contents.—** (1) **In general.—** — At a minimum, the information system shall include for each operator of a commercial motor vehicle— (A) information the Secretary considers appropriate to ensure identification of the operator; (B) the name, address, and physical description of the operator; (C) the social security account number of the operator or other number or information the Secretary considers appropriate to identify the operator; (D) the name of the State that issued the license or learner’s permit to the operator; (E) the dates between which the license or learner’s permit is valid; and (F) whether the operator had a commercial motor vehicle driver’s license or learner’s permit revoked, suspended, or canceled by a State, lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle. (2) **Requirement.—** — The information system must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver’s license or learner’s permit under section 31308(3). **(c) Availability of Information.—** Information in the information system shall be made available and subject to review and correction in accordance with the policy developed under section 31106(e). **(d) Authorized Operator.—** The Secretary may authorize a qualified entity (referred to in this section as the “authorized operator”)— (1) to operate, maintain, develop, modernize, and enhance the information system; and (2) to collect fees on behalf of the Secretary in accordance with subsection (e); and (3) to use any fees collected in accordance with that subsection. **(e) Fee System.—** (1) **In general.—** — The Secretary or the authorized operator, as applicable, may charge a reasonable fee for use of the information system. (2) **Amount of fees.—** — The total amount of fees collected under this subsection shall equal, as nearly as possible, the total amount necessary for the purposes and uses described in paragraph (3)(B). (3) **Use of fees.—** — Fees collected under this subsection shall— (A) be credited to— (i) an appropriation account; or (ii) an account designated by the authorized operator; and (B) be available only for the purposes of operating, maintaining, developing, modernizing, or enhancing, or any other use relating to, the information system, including for personnel and administration costs relating to the information system. (4) **Availability of amounts.—** — Fees collected under this subsection shall remain available until expended for a purpose or use described in paragraph (3)(B). (5) **Authorized operator.—** — If the Secretary designates an authorized operator under subsection (d)— (A) the Secretary shall not be charged a fee for access to, use of, or data in the information system; and (B) the Secretary shall have access to fee statements on a quarterly basis. **(f) Modernization Plan.—** (1) **In general.—** — Not later than 120 days after the date of enactment of this subsection, the Secretary shall develop and publish a comprehensive national plan to modernize the information system that— (A) complies with applicable Federal information technology security standards; (B) provides for the electronic exchange of all information including the posting of convictions; (C) contains self auditing features to ensure that data is being posted correctly and consistently by the States; (D) integrates the commercial driver’s license and the medical certificate; and (E) provides a schedule for modernization of the information system. (2) **Consultation.—** — The plan shall be developed in consultation with representatives of the motor carrier industry, State safety enforcement agencies, and State licensing agencies designated by the Secretary. (3) **State funding of future efforts.—** — The plan shall specify that States will fund future efforts to modernize the information system. (4) **Deadline for state participation.—** (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. (B) *Factors to consider.—* — In establishing the date under subparagraph (A), the Secretary shall consider the following: (i) Availability and cost of technology and equipment needed to comply with subparagraph (A). (ii) Time necessary to install, and test the operation of, such technology and equipment. (5) **Implementation.—** — The Secretary shall implement the plan developed under subsection (a) and modernize the information system to meet the requirements of the plan. **(g) Funding.—** At the Secretary’s discretion, a State may use, subject to subsections (a)(2) and (b) of section 31313, the funds made available to the State under that section to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section.