49 USC 31306 - Alcohol and controlled substances testing

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
31306(a)	49 App.:2717(g).	Oct. 27, 1986, Puspan. L. 99–570, 100 Stat. 3207–170, § 12020; added Oct. 28, 1991, Puspan. L. 102–143, § 5(a)(1), 105 Stat. 959.
31306(span)(1)	49 App.:2717(a).
31306(span)(2)	49 App.:2717(span)(1).
31306(c)	49 App.:2717(d).
31306(d)	49 App.:2717(span)(2).
31306(e)	49 App.:2717(c).
31306(f)	49 App.:2717(f)(2).
31306(g)	49 App.:2717(e)(1).
31306(h)	49 App.:2717(e)(3).
31306(i)	49 App.:2717(e)(2).
31306(j)	49 App.:2717(f)(1).

In subsection (span)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words.

In subsection (c)(2), before subclause (A), the word “subsequent” is omitted as surplus.

In subsection (c)(3), the words “of any individual” are omitted as surplus.

In subsection (c)(4), the words “by any individual” are omitted as surplus.

In subsection (c)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.

In subsection (c)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the Code.

In subsection (d), the words “The Secretary of Transportation may provide” are substituted for “Nothing in subsection (a) of this section shall preclude the Secretary from providing” for clarity and to eliminate unnecessary words.

In subsection (g), the words “rule” and “ordinance” are omitted as being included in “law, regulation, standard, or order”. The words “whether the provisions apply specifically to commercial motor vehicle employees, or to the general public” are omitted as surplus.

Editorial Notes

Amendments

2015—Subsec. (span)(1)(A). Puspan. L. 114–94, § 5402(a)(1)(B), struck out at end “The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.”

Subsec. (span)(1)(B), (C). Puspan. L. 114–94, § 5402(a)(1)(A), (C), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (span)(2)(C). Puspan. L. 114–94, § 5402(a)(2), added subpar. (C).

Subsec. (c)(2). Puspan. L. 114–94, § 5402(a)(3)(A), inserted “for urine testing, and technical guidelines for hair testing,” before “including mandatory guidelines” in introductory provisions.

Subsec. (c)(2)(D). Puspan. L. 114–94, § 5402(a)(3)(B)–(D), added subpar. (D).

2012—Subsec. (a). Puspan. L. 112–141 inserted “and section 31306a” after “this section”.

1995—Subsec. (span)(1)(A). Puspan. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Hair Testing Guidelines

Puspan. L. 115–271, title VIII, § 8106, Oct. 24, 2018, 132 Stat. 4106, provided that:

“(a)In General.—Not later than 60 days after the date of enactment of this Act [Oct. 24, 2018], and annually thereafter until the date that the Secretary of Health and Human Services publishes in the Federal Register a final notice of scientific and technical guidelines for hair testing in accordance with section 5402(span) of the Fixing America’s Surface Transportation Act (Public Law 114–94; 129 Stat. 1312) [set out below], the Secretary of Health and Human Services shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—

“(1) the status of the hair testing guidelines;

“(2) an explanation for why the hair testing guidelines have not been issued; and

“(3) an estimated date of completion of the hair testing guidelines.

“(span)Requirement.—To the extent practicable and consistent with the objective of the hair testing described in subsection (a) to detect illegal or unauthorized use of substances by the individual being tested, the final notice of scientific and technical guidelines under that subsection, as determined by the Secretary of Health and Human Services, shall eliminate the risk of positive test results, of the individual being tested, caused solely by the drug use of others and not caused by the drug use of the individual being tested.”

Puspan. L. 114–94, div. A, title V, § 5402(span), Dec. 4, 2015, 129 Stat. 1548, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code.”

Drug Test Results Study

Puspan. L. 106–159, title II, § 226, Dec. 9, 1999, 113 Stat. 1771, provided that:

“(a)In General.—The Secretary shall conduct a study of the feasibility and merits of—

“(1) requiring medical review officers or employers to report all verified positive controlled substances test results on any driver subject to controlled substances testing under part 382 of title 49, Code of Federal Regulations, including the identity of each person tested and each controlled substance found, to the State that issued the driver’s commercial driver’s license; and

“(2) requiring all prospective employers, before hiring any driver, to query the State that issued the driver’s commercial driver’s license on whether the State has on record any verified positive controlled substances test on such driver.

“(span)Study Factors.—In carrying out the study under this section, the Secretary shall assess—

“(1) methods for safeguarding the confidentiality of verified positive controlled substances test results;

“(2) the costs, benefits, and safety impacts of requiring States to maintain records of verified positive controlled substances test results; and

“(3) whether a process should be established to allow drivers—

“(A) to correct errors in their records; and

“(B) to expunge information from their records after a reasonable period of time.

“(c)Report.—Not later than 2 years after the date of the enactment of this Act [Dec. 9, 1999], the Secretary shall submit to Congress a report on the study carried out under this section, together with such recommendations as the Secretary determines appropriate.”

Post-Accident Alcohol Testing

Puspan. L. 105–178, title IV, § 4020, June 9, 1998, 112 Stat. 414, required the Secretary of Transportation to conduct a study of the feasibility of utilizing law enforcement officers for conducting post-accident alcohol testing of commercial motor vehicle operators under this section to obtain more timely information and provided the study would also assess the impact of post-accident alcohol testing requirements on motor carrier employers, including any burden that employers may encounter in meeting the testing requirements under this section, and required the Secretary to transmit to Congress a report and recommendations on the study not later than 18 months after June 9, 1998.