Page:United States Statutes at Large Volume 102 Part 1.djvu/664

 102 STAT. 626

Records.

Alcohol and fdcoholic beverages. Drugs and drug abuse.

State {ind local governments. Records.

Classified information.

PUBLIC LAW 100-342—JUNE 22, 1988

held a motor vehicle operator's license to provide information to his or her employer or prospective employer, or to the Secretary, as the Secretary may determine, with respect to such individual's driving record; and '"(ii) make the request provided for in section 206(b)(5) of the National Driver Roister Act of 1982, for information to be transmitted to his or her employer, prospective employer, or the Secretary, as the S^retary may determine. "(3) The Secretary, employer, or prospective employer, as appropriate, shall make information obtained under paragraph (2)(E) available to the individual, who shall be given an opportunity to conunent on it in writing. Any such comment shall be included in any record or file maintained by the Secretary, employer, or prospective employer that contains the information to which the comment is related. "(4)(A) The Secretary shall establish standards and procedures for waiving the application of requirements established under paragraph (2)(D) to any individual or class of individuals who the Secretary determines are not currently unfit to operate a locomotive. "(B) In establishing the program under this subsection, the Secretary may not waive the application of requirements established under paragraph (2)Q)) to an individual or class of individuals with a conviction, cancellation, revocation, or suspension described in paragraph (6)(A) or (B) who have not successfully completed a rehabilitation pn^am established by a railroad or approved by the Secretary. "(5) An individual who is denied a license or certification or whose license or certification is conditioned under requirements established under paragraph (2)(D) shall be entitled to an administrative hearing under subsection (b) to determine whether such license or certification has been properly denied or conditioned. "(<S) No individual shall be denied a license or certification under requirements established under paragraph (2)(D) because of— "(A) a conviction for operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; or "(B) the cancellation, revocation, or suspension of the motor vehicle operator's license of such individual on the basis of operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance, if such individual subsequent to such conviction, cancellation, revocation, or suspension has successfully completed a rehabilitation program established by a railroad or approved by the Secretary.". (b)(1) Section 206(b) of the National Driver Register Act of 1982 (23 UAC!. 401, note) is amended by adding at the end the following new paragraph: "(5) Any individual who is employed by a railroad as an operator of a locomotive, or who seeks employment with a railroad as an operator of a locomotive, ma^ request the chief driver licensing (mSdal of a State to transmit mformation Hoarding the individual under subsection (a) of this section to his or her employer or prospective employer, or to the Secretary. There shall be no access to information in the Register under this paragraph which was entered in the R^pster more than three years before the date of such iCMiuest, unless such information relates to revocations or suspensicnis that are still in effect on the date of the request Inforaiation submitted to the Roister by the States under Fublic

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