
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31306]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31306. Alcohol and controlled substances testing

    (a) Definition.--In this section, ``controlled substance'' means any 
substance under section 102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of 
Transportation.
    (b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the Secretary 
of Transportation shall prescribe regulations 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 a controlled substance in violation of law or a 
United States Government regulation and to conduct reasonable suspicion, 
random, and post-accident testing of such operators for the use of 
alcohol in violation of law or a United States Government regulation. 
The regulations shall permit such motor carriers to conduct 
preemployment testing of such employees for the use of alcohol.
    (B) When the Secretary of Transportation considers it appropriate in 
the interest of safety, the Secretary may prescribe regulations for 
conducting periodic recurring testing of operators of commercial motor 
vehicles for the use of alcohol or a controlled substance in violation 
of law or a Government regulation.
    (2) In prescribing regulations under this subsection, the Secretary 
of Transportation--
        (A) shall require that post-accident testing of an operator of a 
    commercial motor vehicle be conducted when loss of human life occurs 
    in an accident involving a commercial motor vehicle; and
        (B) may require that post-accident testing of such an operator 
    be conducted when bodily injury or significant property damage 
    occurs in any other serious accident involving a commercial motor 
    vehicle.

    (c) Testing and Laboratory Requirements.--In carrying out subsection 
(b) of this section, the Secretary of Transportation shall develop 
requirements that shall--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of laboratory 
        controlled substances testing and laboratory procedures to be 
        applied in carrying out this section, including standards 
        requiring the use of the best available technology to ensure the 
        complete reliability and accuracy of controlled substances tests 
        and strict procedures governing the chain of custody of 
        specimens collected for controlled substances testing;
            (B) the minimum list of controlled substances for which 
        individuals may be tested; and
            (C) appropriate standards and procedures for periodic review 
        of laboratories and criteria for certification and revocation of 
        certification of laboratories to perform controlled substances 
        testing in carrying out this section;

        (3) require that a laboratory involved in testing under this 
    section have the capability and facility, at the laboratory, of 
    performing screening and confirmation tests;
        (4) provide that any test indicating the use of alcohol or a 
    controlled substance in violation of law or a Government regulation 
    be confirmed by a scientifically recognized method of testing 
    capable of providing quantitative information about alcohol or a 
    controlled substance;
        (5) provide that each specimen be subdivided, secured, and 
    labeled in the presence of the tested individual and that a part of 
    the specimen be retained in a secure manner to prevent the 
    possibility of tampering, so that if the individual's confirmation 
    test results are positive the individual has an opportunity to have 
    the retained part tested by a 2d confirmation test done 
    independently at another certified laboratory if the individual 
    requests the 2d confirmation test not later than 3 days after being 
    advised of the results of the first confirmation test;
        (6) ensure appropriate safeguards for testing to detect and 
    quantify alcohol in breath and body fluid samples, including urine 
    and blood, through the development of regulations that may be 
    necessary and in consultation with the Secretary of Health and Human 
    Services;
        (7) provide for the confidentiality of test results and medical 
    information (except information about alcohol or a controlled 
    substance) of employees, except that this clause does not prevent 
    the use of test results for the orderly imposition of appropriate 
    sanctions under this section; and
        (8) ensure that employees are selected for tests by 
    nondiscriminatory and impartial methods, so that no employee is 
    harassed by being treated differently from other employees in 
    similar circumstances.

    (d) Testing as Part of Medical Examination.--The Secretary of 
Transportation may provide that testing under subsection (a) of this 
section for operators subject to subpart E of part 391 of title 49, Code 
of Federal Regulations, be conducted as part of the medical examination 
required under that subpart.
    (e) Rehabilitation.--The Secretary of Transportation shall prescribe 
regulations establishing requirements for rehabilitation programs that 
provide for the identification and opportunity for treatment of 
operators of commercial motor vehicles who are found to have used 
alcohol or a controlled substance in violation of law or a Government 
regulation. The Secretary shall decide on the circumstances under which 
those operators shall be required to participate in a program. This 
section does not prevent a motor carrier from establishing a program 
under this section in cooperation with another motor carrier.
    (f) Sanctions.--The Secretary of Transportation shall decide on 
appropriate sanctions for a commercial motor vehicle operator who is 
found, based on tests conducted and confirmed under this section, to 
have used alcohol or a controlled substance in violation of law or a 
Government regulation but who is not under the influence of alcohol or a 
controlled substance as provided in this chapter.
    (g) Effect on State and Local Government Regulations.--A State or 
local government may not prescribe or continue in effect a law, 
regulation, standard, or order that is inconsistent with regulations 
prescribed under this section. However, a regulation prescribed under 
this section may not be construed to preempt a State criminal law that 
imposes sanctions for reckless conduct leading to loss of life, injury, 
or damage to property.
    (h) International Obligations and Foreign Laws.--In prescribing 
regulations under this section, the Secretary of Transportation--
        (1) shall establish only requirements that are consistent with 
    international obligations of the United States; and
        (2) shall consider applicable laws and regulations of foreign 
    countries.

    (i) Other Regulations Allowed.--This section does not prevent the 
Secretary of Transportation from continuing in effect, amending, or 
further supplementing a regulation prescribed before October 28, 1991, 
governing the use of alcohol or a controlled substance by commercial 
motor vehicle employees.
    (j) Application of Penalties.--This section does not supersede a 
penalty applicable to an operator of a commercial motor vehicle under 
this chapter or another law.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1017; Pub. L. 104-
59, title III, Sec. 342(c), Nov. 28, 1995, 109 Stat. 609.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31306(a)..............................  49 App.:2717(g).                 Oct. 2
7, 1986, Pub. L. 99-570, 100
                                                                          Stat.
 3207-170, Sec.  12020; added
                                                                          Oct. 
28, 1991, Pub. L. 102-143, Sec.
                                                                          5(a)(
1), 105 Stat. 959.
31306(b)(1)...........................  49 App.:2717(a).
31306(b)(2)...........................  49 App.:2717(b)(1).
31306(c)..............................  49 App.:2717(d).
31306(d)..............................  49 App.:2717(b)(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 (b)(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.


                               Amendments

    1995--Subsec. (b)(1)(A). Pub. 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.''


                         Drug Test Results Study

    Pub. L. 106-159, title II, Sec. 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.
    ``(b) 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

    Pub. L. 105-178, title IV, Sec. 4020, June 9, 1998, 112 Stat. 414, 
provided that:
    ``(a) Study.--The Secretary [of Transportation] shall conduct a 
study of the feasibility of utilizing law enforcement officers for 
conducting post-accident alcohol testing of commercial motor vehicle 
operators under section 31306 of title 49, United States Code, as a 
method of obtaining more timely information. The study shall also assess 
the impact of the current post-accident alcohol testing requirements on 
motor carrier employers, including any burden that employers may 
encounter in meeting the testing requirements of such section 31306.
    ``(b) Report.--Not later than 18 months after the date of enactment 
of this Act [June 9, 1998], the Secretary shall transmit to Congress a 
report on the study, together with such recommendations as the Secretary 
determines appropriate.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5331, 31301 of this title.
