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49 U.S.C. § 31306 — Alcohol and controlled substances testing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section and section 31306a, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)) 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.
(B) The regulations prescribed under subparagraph (A) shall permit motor carriers—
(i) to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and
(ii) to use hair testing as an acceptable alternative to urine testing—
(I) in conducting preemployment testing for the use of a controlled substance; and
(II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.
(C) 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 Gov
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Source file: Laws/federal/codes/united-states-code/title-49/section-31306-alcohol-and-controlled-substances-testing--479efc2f9b.md
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Source location: Title 49, Chapter 313, § 31306; chapter-313-commercial-motor-vehicle-operators.md
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**(a) Definition.—** In this section and section 31306a, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)) 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.
(B) The regulations prescribed under subparagraph (A) shall permit motor carriers—
(i) to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and
(ii) to use hair testing as an acceptable alternative to urine testing—
(I) in conducting preemployment testing for the use of a controlled substance; and
(II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.
(C) 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;
(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; and
(C) shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair.
**(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, for urine testing, and technical guidelines for hair testing, 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;
(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; and
(D) laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance;
(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.
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) **In general.—** — Not later than 2 years after the date of enactment of the Safe Roads Act of 2012, the Secretary of Transportation shall establish, operate, and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.
(2) **Purposes.—** — The purposes of the clearinghouse shall be—
(A) to improve compliance with the Department of Transportation’s alcohol and controlled substances testing program applicable to commercial motor vehicle operators; and
(B) to enhance the safety of our United States roadways by reducing accident and injuries involving the misuse of alcohol or use of controlled substances by operators of commercial motor vehicles.
(3) **Contents.—** — The clearinghouse shall function as a repository for records relating to the positive test results and test refusals of commercial motor vehicle operators and violations by such operators of prohibitions set forth in subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations).
(4) **Electronic exchange of records.—** — The Secretary shall ensure that records can be electronically submitted to, and requested from, the clearinghouse by authorized users.
(5) **Authorized operator.—** — The Secretary may authorize a qualified private entity to operate and maintain the clearinghouse and to collect fees on behalf of the Secretary under subsection (e). The entity shall operate and maintain the clearinghouse and permit access to driver information and records from the clearinghouse in accordance with this section.
**(b) Design of Clearinghouse.—**
(1) **Use of federal motor carrier safety administration recommendations.—** — In establishing the clea
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31306a
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe regulations for the conduct of employees in the executive branch.
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
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Federal law — U.S. Code and appendices · legal_authorities
Page 896
TITLE 49—TRANSPORTATION
§ 31306
‘‘(c) REPORT
TO CONGRESS.—If the Secretary deter-
mines that no protocol described in subsection (a)
could likely be developed, the Secretary shall report to
Congress the basis for such determination.
‘‘(d) INITIATION OF RULEMAKING.—If the Secretary de-
termines that a protocol described in subsection (a)
could likely be developed, the Secretary shall report to
Congress a description of the elements of such protocol
and shall promptly initiate a rulemaking proceeding to
implement such protocol.’’
PERFORMANCE-BASED CDL TESTING
Pub. L. 105–178, title IV, § 4019, June 9, 1998, 112 Stat.
414, provided that:
‘‘(a) REVIEW.—Not later than 1 year after the date of
enactment of this Act [June 9, 1998], the Secretary [of
Transportation] shall complete a review of the proce-
dures established and implemented by States under
section 31305 of title 49, United States Code, to deter-
mine if the current system for testing is an accurate
measure and reflection of an individual’s knowledge
and skills as an operator of a commercial motor vehicle
and to identify methods to improve testing and licens-
ing standards, including identifying the benefits and
costs of a graduated licensing system.
‘‘(b) REGULATIONS.—The Secretary may issue regula-
tions under section 31305 of title 49, United States Code,
reflecting the results of the review.’’
DRIVER FATIGUE
Pub. L. 105–178, title IV, § 4021, June 9, 1998, 112 Stat.
414, provided that:
‘‘(a) TECHNOLOGIES TO REDUCE FATIGUE OF COMMER-
CIAL MOTOR VEHICLE OPERATORS.—
‘‘(1) DEVELOPMENT OF TECHNOLOGIES.—As part of the
activities of the Secretary [of Transportation] relat-
ing to the fatigue of commercial motor vehicle opera-
tors, the Secretary shall encourage the research, de-
velopmen
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31306
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