49 U.S.C. § 31306a — National clearinghouse for controlled

Page 898 TITLE 49—TRANSPORTATION § 31306a tion test’’ are substituted for ‘‘independent test’’ for clarity and consistency. In subsection (c)(6), the word ‘‘Secretary’’ is sub- stituted for ‘‘Department’’ for consistency in the re- vised title and with other titles of the Code. In subsection (d), the words ‘‘The Secretary of Trans- portation may provide’’ are substituted for ‘‘Nothing in subsection (a) of this section shall preclude the Sec- retary from providing’’ for clarity and to eliminate un- necessary 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 employ- ees, or to the general public’’ are omitted as surplus. Editorial Notes AMENDMENTS 2015—Subsec. (b)(1)(A). Pub. 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. (b)(1)(B), (C). Pub. L. 114–94, § 5402(a)(1)(A), (C), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(2)(C). Pub. L. 114–94, § 5402(a)(2), added sub- par. (C). Subsec. (c)(2). Pub. 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). Pub. L. 114–94, § 5402(a)(3)(B)–(D), added subpar. (D). 2012—Subsec. (a). Pub. L. 112–141 inserted ‘‘and sec- tion 31306a’’ after ‘‘this section’’. 1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as fol- lows: ‘‘In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that estab- lish a program requiring motor carriers to conduct pre- employment, reasonable suspicion, random, and post- accident testing of operators of commercial motor ve- hicles for the use of alcohol or a controlled substance in violation of law or a United States Government reg- ulation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. 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 Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. HAIR TESTING GUIDELINES Pub. 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 annu- ally thereafter until the date that the Secretary of Health and Human Services publishes in the Federal Register a final notice of scientific and technical guide- lines for hair testing in accordance with section 5402(b) 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 Trans- portation of the Senate and the Committee on Trans- portation and Infrastructure of the House of Represent- atives a report on— ‘‘(1) the status of the hair testing guidelines; ‘‘(2) an explanation for why the hair testing guide- lines have not been issued; and ‘‘(3) an estimated date of completion of the hair testing guidelines. ‘‘(b) REQUIREMENT.—To the extent practicable and consistent with the objective of the hair testing de- scribed in subsection (a) to detect illegal or unauthor- ized 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.’’ Pub. L. 114–94, div. A, title V, § 5402(b), 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 Sec- retary of Health and Human Services shall issue sci- entific 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 Pub. 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 sub- stances testing under part 382 of title 49, Code of Fed- eral Regulations, including the identity of each per- son 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 hir- ing 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 re- quiring States to maintain records of verified posi- tive 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 rec- ommendations as the Secretary determines appro- priate.’’ POST-ACCIDENT ALCOHOL TESTING Pub. L. 105–178, title IV, § 4020, June 9, 1998, 112 Stat. 414, required the Secretary of Transportation to con- duct a study of the feasibility of utilizing law enforce- ment officers for conducting post-accident alcohol test- ing of commercial motor vehicle operators under this section to obtain more timely information and pro- vided the study would also assess the impact of post-ac- cident 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. § 31306a. National clearinghouse for controlled substance and alcohol test results of com- mercial motor vehicle operators (a) ESTABLISHMENT.— Page 899 TITLE 49—TRANSPORTATION § 31306a (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 es- tablish, operate, and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of commer- cial motor vehicle operators. (2) PURPOSES.—The purposes of the clearing- house shall be— (A) to improve compliance with the De- partment of Transportation’s alcohol and controlled substances testing program appli- cable to commercial motor vehicle opera- tors; 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 func- tion as a repository for records relating to the positive test results and test refusals of com- mercial motor vehicle operators and viola- tions by such operators of prohibitions set forth in subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent cor- responding 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 op- erate 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 estab- lishing the clearinghouse, the Secretary shall consider— (A) the findings and recommendations con- tained in the Federal Motor Carrier Safety Administration’s March 2004 report to Con- gress required under section 226 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306 note); and (B) the findings and recommendations con- tained in the Government Accountability Office’s May 2008 report to Congress entitled ‘‘Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Iden- tify Illegal Drug Users and Keep Them off the Road.’’. (2) DEVELOPMENT OF SECURE PROCESSES.—In establishing the clearinghouse, the Secretary shall develop a secure process for— (A) administering and managing the clear- inghouse in compliance with applicable Fed- eral security standards; (B) registering and authenticating author- ized users of the clearinghouse; (C) registering and authenticating persons required to report to the clearinghouse under subsection (g); (D) preventing the unauthorized access of information from the clearinghouse; (E) storing and transmitting data; (F) persons required to report to the clear- inghouse under subsection (g) to timely and accurately submit electronic data to the clearinghouse; (G) generating timely and accurate reports from the clearinghouse in response to re- quests for information by authorized users; and (H) updating an individual’s record upon completion of the return-to-duty process de- scribed in title 49, Code of Federal Regula- tions. (3) EMPLOYER ALERT OF POSITIVE TEST RE- SULT.—In establishing the clearinghouse, the Secretary shall develop a secure method for electronically notifying an employer of each additional positive test result or other non- compliance— (A) for an employee, that is entered into the clearinghouse during the 7-day period immediately following an employer’s in- quiry about the employee; and (B) for an employee who is listed as having multiple employers. (4) ARCHIVE CAPABILITY.—In establishing the clearinghouse, the Secretary shall develop a process for archiving all clearinghouse records for the purposes of auditing and evaluating the timeliness, accuracy, and completeness of data in the clearinghouse. (5) FUTURE NEEDS.— (A) INTEROPERABILITY WITH OTHER DATA SYSTEMS.—In establishing the clearinghouse, the Secretary shall consider— (i) the existing data systems containing regulatory and safety data for commercial motor vehicle operators; (ii) the efficacy of using or combining clearinghouse data with 1 or more of such systems; and (iii) the potential interoperability of the clearinghouse with such systems. (B) SPECIFIC CONSIDERATIONS.—In carrying out subparagraph (A), the Secretary shall determine— (i) the clearinghouse’s capability for interoperability with— (I) the National Driver Register estab- lished under section 30302; (II) the Commercial Driver’s License Information System established under section 31309; (III) the Motor Carrier Management Information System for preemployment screening services under section 31150; and (IV) other data systems, as appro- priate; and (ii) any change to the administration of the current testing program, such as forms, that is necessary to collect data for the clearinghouse. (c) STANDARD FORMATS.—The Secretary shall develop standard formats to be used— (1) by an authorized user of the clearing- house to— (A) request a record from the clearing- house; and Page 900 TITLE 49—TRANSPORTATION § 31306a (B) obtain the consent of an individual who is the subject of a request from the clearinghouse, if applicable; and (2) to notify an individual that a positive al- cohol or controlled substances test result, re- fusing to test, and a violation of any of the prohibitions under subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations), will be reported to the clearinghouse. (d) PRIVACY.—A release of information from the clearinghouse shall— (1) comply with applicable Federal privacy laws, including the fair information practices under the Privacy Act of 1974 (5 U.S.C. 552a); (2) comply with applicable sections of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); and (3) not be made to any person or entity un- less expressly authorized or required by law. (e) FEES.— (1) AUTHORITY TO COLLECT FEES.—Except as provided under paragraph (3), the Secretary may collect a reasonable, customary, and nominal fee from an authorized user of the clearinghouse for a request for information from the clearinghouse. (2) USE OF FEES.—Fees collected under this subsection shall be used for the operation and maintenance of the clearinghouse. (3) LIMITATION.—The Secretary may not col- lect a fee from an individual requesting infor- mation from the clearinghouse that pertains to the record of that individual. (f) EMPLOYER REQUIREMENTS.— (1) DETERMINATION CONCERNING USE OF CLEAR- INGHOUSE.—The Secretary shall determine if an employer is authorized to use the clearing- house to meet the alcohol and controlled sub- stances testing requirements under title 49, Code of Federal Regulations. (2) APPLICABILITY OF EXISTING REQUIRE- MENTS.—Each employer and service agent shall continue to comply with the alcohol and controlled substances testing requirements under title 49, Code of Federal Regulations. (3) EMPLOYMENT PROHIBITIONS.—After the clearinghouse is established under subsection (a), at a date determined to be appropriate by the Secretary and published in the Federal Register, an employer shall utilize the clear- inghouse to determine whether any employ- ment prohibitions exist and shall not hire an individual to operate a commercial motor ve- hicle unless the employer determines that the individual, during the preceding 3-year pe- riod— (A) if tested for the use of alcohol and con- trolled substances, as required under title 49, Code of Federal Regulations— (i) did not test positive for the use of al- cohol or controlled substances in violation of the regulations; or (ii) tested positive for the use of alcohol or controlled substances and completed the required return-to-duty process under title 49, Code of Federal Regulations; (B)(i) did not refuse to take an alcohol or controlled substance test under title 49, Code of Federal Regulations; or (ii) refused to take an alcohol or con- trolled substance test and completed the re- quired return-to-duty process under title 49, Code of Federal Regulations; and (C) did not violate any other provision of subpart B of part 382 of title 49, Code of Fed- eral Regulations (or any subsequent cor- responding regulations). (4) ANNUAL REVIEW.—After the clearinghouse is established under subsection (a), at a date determined to be appropriate by the Secretary and published in the Federal Register, an em- ployer shall request and review a commercial motor vehicle operator’s record from the clearinghouse annually for as long as the com- mercial motor vehicle operator is under the employ of the employer. (g) REPORTING OF RECORDS.— (1) IN GENERAL.—Beginning 30 days after the date that the clearinghouse is established under subsection (a), a medical review officer, employer, service agent, and other appropriate person, as determined by the Secretary, shall promptly submit to the Secretary any record generated after the clearinghouse is initiated of an individual who— (A) refuses to take an alcohol or controlled substances test required under title 49, Code of Federal Regulations; (B) tests positive for alcohol or a con- trolled substance in violation of the regula- tions; or (C) violates any other provision of subpart B of part 382 of title 49, Code of Federal Reg- ulations (or any subsequent corresponding regulations). (2) INCLUSION OF RECORDS IN CLEARING- HOUSE.—The Secretary shall include in the clearinghouse the records of positive test re- sults and test refusals received under para- graph (1). (3) MODIFICATIONS AND DELETIONS.—If the Secretary determines that a record contained in the clearinghouse is not accurate, the Sec- retary shall modify or delete the record, as ap- propriate. (4) NOTIFICATION.—The Secretary shall expe- ditiously notify an individual, unless such no- tification would be duplicative, when— (A) a record relating to the individual is received by the clearinghouse; (B) a record in the clearinghouse relating to the individual is modified or deleted, and include in the notification the reason for the modification or deletion; or (C) a record in the clearinghouse relating to the individual is released to an employer and specify the reason for the release. (5) DATA QUALITY AND SECURITY STANDARDS FOR REPORTING AND RELEASING.—The Secretary may establish additional requirements, as ap- propriate, to ensure that— (A) the submission of records to the clear- inghouse is timely and accurate; (B) the release of data from the clearing- house is timely, accurate, and released to the appropriate authorized user under this section; and (C) an individual with a record in the clearinghouse has a cause of action for any Page 901 TITLE 49—TRANSPORTATION § 31306a inappropriate use of information included in the clearinghouse. (6) RETENTION OF RECORDS.—The Secretary shall— (A) retain a record submitted to the clear- inghouse for a 5-year period beginning on the date the record is submitted; (B) remove the record from the clearing- house at the end of the 5-year period, unless the individual fails to meet a return-to-duty or follow-up requirement under title 49, Code of Federal Regulations; and (C) retain a record after the end of the 5- year period in a separate location for archiving and auditing purposes. (h) AUTHORIZED USERS.— (1) EMPLOYERS.—The Secretary shall estab- lish a process for an employer, or an employ- er’s designated agent, to request and receive an individual’s record from the clearinghouse. (A) CONSENT.—An employer may not ac- cess an individual’s record from the clear- inghouse unless the employer— (i) obtains the prior written or electronic consent of the individual for access to the record; and (ii) submits proof of the individual’s con- sent to the Secretary. (B) ACCESS TO RECORDS.—After receiving a request from an employer for an individual’s record under subparagraph (A), the Sec- retary shall grant access to the individual’s record to the employer as expeditiously as practicable. (C) RETENTION OF RECORD REQUESTS.—The Secretary shall require an employer to re- tain for a 3-year period— (i) a record of each request made by the employer for records from the clearing- house; and (ii) the information received pursuant to the request. (D) USE OF RECORDS.—An employer may use an individual’s record received from the clearinghouse only to assess and evaluate whether a prohibition applies with respect to the individual to operate a commercial motor vehicle for the employer. (E) PROTECTION OF PRIVACY OF INDIVID- UALS.—An employer that receives an individ- ual’s record from the clearinghouse under subparagraph (B) shall— (i) protect the privacy of the individual and the confidentiality of the record; and (ii) ensure that information contained in the record is not divulged to a person or entity that is not directly involved in as- sessing and evaluating whether a prohibi- tion applies with respect to the individual to operate a commercial motor vehicle for the employer. (2) STATE LICENSING AUTHORITIES.—The Sec- retary shall establish a process for the chief commercial driver’s licensing official of a State to request and receive an individual’s record from the clearinghouse if the individual is applying for a commercial driver’s license from the State. (A) CONSENT.—The Secretary may grant access to an individual’s record in the clear- inghouse under this paragraph without the prior written or electronic consent of the in- dividual. An individual who holds a commer- cial driver’s license shall be deemed to con- sent to such access by obtaining a commer- cial driver’s license. (B) PROTECTION OF PRIVACY OF INDIVID- UALS.—A chief commercial driver’s licensing official of a State that receives an individ- ual’s record from the clearinghouse under this paragraph shall— (i) protect the privacy of the individual and the confidentiality of the record; and (ii) ensure that the information in the record is not divulged to any person that is not directly involved in assessing and eval- uating the qualifications of the individual to operate a commercial motor vehicle. (i) NATIONAL TRANSPORTATION SAFETY BOARD.—The Secretary shall establish a process for the National Transportation Safety Board to request and receive an individual’s record from the clearinghouse if the individual is involved in an accident that is under investigation by the National Transportation Safety Board. (j) ACCESS TO CLEARINGHOUSE BY INDIVID- UALS.— (1) IN GENERAL.—The Secretary shall estab- lish a process for an individual to request and receive information from the clearinghouse— (A) to determine whether the clearing- house contains a record pertaining to the in- dividual; (B) to verify the accuracy of a record; (C) to update an individual’s record, in- cluding completing the return-to-duty proc- ess described in title 49, Code of Federal Reg- ulations; and (D) to determine whether the clearing- house received requests for the individual’s information. (2) DISPUTE PROCEDURE.—The Secretary shall establish a procedure, including an appeal process, for an individual to dispute and rem- edy an administrative error in the individual’s record. (k) PENALTIES.— (1) IN GENERAL.—An employer, employee, medical review officer, or service agent who violates any provision of this section shall be subject to civil penalties under section 521(b)(2)(C) and criminal penalties under sec- tion 521(b)(6)(B), and any other applicable civil and criminal penalties, as determined by the Secretary. (2) VIOLATION OF PRIVACY.—The Secretary shall establish civil and criminal penalties, consistent with paragraph (1), for an author- ized user who violates paragraph (1) or (2) of subsection (h). (l) COMPATIBILITY OF STATE AND LOCAL LAWS.— (1) PREEMPTION.—Except as provided under paragraph (2), any law, regulation, order, or other requirement of a State, political sub- division of a State, or Indian tribe related to a commercial driver’s license holder subject to alcohol or controlled substance testing under title 49, Code of Federal Regulations, that is inconsistent with this section or a regulation issued pursuant to this section is preempted. Page 902 TITLE 49—TRANSPORTATION § 31307 (2) APPLICABILITY.—The preemption under paragraph (1) shall include— (A) the reporting of valid positive results from alcohol screening tests and drug tests; (B) the refusal to provide a specimen for an alcohol screening test or drug test; and (C) other violations of subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations). (3) EXCEPTION.—A law, regulation, order, or other requirement of a State, political sub- division of a State, or Indian tribe shall not be preempted under this subsection to the extent it relates to an action taken with respect to a commercial motor vehicle operator’s commer- cial driver’s license or driving record as a re- sult of the driver’s— (A) verified positive alcohol or drug test result; (B) refusal to provide a specimen for the test; or (C) other violations of subpart B of part 382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations). (m) DEFINITIONS.—In this section— (1) AUTHORIZED USER.—The term ‘‘authorized user’’ means an employer, State licensing au- thority, or other person granted access to the clearinghouse under subsection (h). (2) CHIEF COMMERCIAL DRIVER’S LICENSING OF- FICIAL.—The term ‘‘chief commercial driver’s licensing official’’ means the official in a State who is authorized to— (A) maintain a record about commercial driver’s licenses issued by the State; and (B) take action on commercial driver’s li- censes issued by the State. (3) CLEARINGHOUSE.—The term ‘‘clearing- house’’ means the clearinghouse established under subsection (a). (4) COMMERCIAL MOTOR VEHICLE OPERATOR.— The term ‘‘commercial motor vehicle oper- ator’’ means an individual who— (A) possesses a valid commercial driver’s license issued in accordance with section 31308; and (B) is subject to controlled substances and alcohol testing under title 49, Code of Fed- eral Regulations. (5) EMPLOYER.—The term ‘‘employer’’ means a person or entity employing, or seeking to employ, 1 or more employees (including an in- dividual who is self-employed) to be commer- cial motor vehicle operators. (6) MEDICAL REVIEW OFFICER.—The term ‘‘medical review officer’’ means a licensed physician who is responsible for— (A) receiving and reviewing a laboratory result generated under the testing program; (B) evaluating a medical explanation for a controlled substances test under title 49, Code of Federal Regulations; and (C) interpreting the results of a controlled substances test. (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (8) SERVICE AGENT.—The term ‘‘service agent’’ means a person or entity, other than an employee of the employer, who provides services to employers or employees under the testing program. (9) TESTING PROGRAM.—The term ‘‘testing program’’ means the alcohol and controlled substances testing program required under title 49, Code of Federal Regulations. (Added Pub. L. 112–141, div. C, title II, § 32402(a)(2), July 6, 2012, 126 Stat. 795.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Safe Roads Act of 2012, referred to in subsec. (a)(1), is the date of enactment of subtitle D of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012. Section 226 of the Motor Carrier Safety Improvement Act of 1999, referred to in subsec. (b)(1)(A), is section 226 of Pub. L. 106–159, which is set out as a note under sec- tion 31306 of this title. The Privacy Act of 1974, referred to in subsec. (d)(1), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which en- acted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amend- ment note set out under section 552a of Title 5 and Ta- bles. The Fair Credit Reporting Act, referred to in subsec. (d)(2), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 31307. Minimum training requirements for op- erators of longer combination vehicles (a) DEFINITION.—In this section, ‘‘longer com- bination vehicle’’ means a vehicle consisting of a truck tractor and more than one trailer or semitrailer that operates on the Dwight D. Ei- senhower System of Interstate and Defense Highways with a gross vehicle weight of more than 80,000 pounds. (b) REQUIREMENTS.—The Secretary of Trans- portation shall maintain regulations estab- lishing minimum training requirements for op- erators of longer combination vehicles. The training shall include certification of an opera- tor’s proficiency by an instructor who has met the requirements established by the Secretary. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 112–141, div. C, title II, § 32931(c), July 6, 2012, 126 Stat. 829; Pub. L. 114–94, div. A, title V, § 5508(b)(5), Dec. 4, 2015, 129 Stat. 1554.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31307(a) ...... 49 App.:2302 (note). Dec. 18, 1991, Pub. L. 102–240, § 4007(f), 105 Stat. 2153. 31307(b) ...... 49 App.:2302 (note). Dec. 18, 1991, Pub. L. 102–240, § 4007(b), 105 Stat. 2152.