49 U.S. Code § 31306 - Alcohol and controlled substances testing
Historical and Revision Notes |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
31306(a) |
49 App.:2717(g). |
Oct. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, § 12020; added Oct. 28, 1991, Pub. L. 102–143, § 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). |
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31306(e) |
49 App.:2717(c). |
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31306(f) |
49 App.:2717(f)(2). |
|
31306(g) |
49 App.:2717(e)(1). |
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31306(h) |
49 App.:2717(e)(3). |
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31306(i) |
49 App.:2717(e)(2). |
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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.
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 subpar. (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 section 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 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.”
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.
Amendment by Pub. L. 112–141 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.
Pub. L. 115–271, title VIII, § 8106, Oct. 24, 2018, 132 Stat. 4106, provided that:
Pub. L. 114–94, div. A, title V, § 5402(b), Dec. 4, 2015, 129 Stat. 1548, provided that:
Pub. L. 106–159, title II, § 226, Dec. 9, 1999, 113 Stat. 1771, provided that:
Pub. 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.