Sec. 7. Roadside oral fluid drug screening
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In this section, the term onsite refers to oral fluid drug screening devices that are used at roadside or at the station. The Secretary of Transportation, in consultation with the heads of appropriate Federal agencies and local law enforcement officers and prosecutors, shall conduct a study regarding the accuracy of onsite oral fluid screening for tetrahydrocannabinol (referred to in this section as THC ) and opiate presence in order to reduce the potential impact on traffic safety due to drug and polysubstance-impaired drivers.
In conducting the study under subsection (b), the Secretary shall examine— the status of onsite oral fluid drug screening technology that is available at the time the study is conducted; the reliability and accuracy of the devices referred to in paragraph
(1)to determine the presence and amount of THC and opiate, as confirmed by toxicology results; oral fluid research and pilot programs in the United States and in other countries to assess how the technology referred to in paragraph
(1)is being utilized; State-based policies regarding implied consent and testing in impaired driving cases; practical considerations for the deployment of this technology in the field; and any legal and policy issues that may arise from the deployment of this technology. Not later than 4 years after the date of the enactment of this Act, the Secretary, in cooperation with appropriate Federal agencies, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted pursuant to subsection (b). The report required under paragraph
(1)shall include— the findings of the Secretary based on the study, including— an overview of the extent of the drug and polysubstance-impaired driving problem and a discussion of how new screening technologies can potentially assist in better capturing the magnitude and characteristics of the problem; an assessment of the accuracy and reliability of onsite oral fluid screening technology; a description and assessment of current State laws relating to the use of oral fluid screening technology; a determination about whether oral fluid screening technology is a viable option to assist law enforcement officers in confirming the presence of a drug responsible for observed impairment of a driver; a determination about whether onsite oral fluid screening technology can be effectively incorporated into existing driving under the influence investigation protocols; and an overview of future research needs; and the recommendations of the Secretary based on the study, as appropriate, including— effective and efficient methods for training law enforcement personnel, including drug recognition experts, to detect whether a motor vehicle operator is under the influence through the use of onsite oral fluid technology in combination with existing driving under the influence investigation protocols; if feasible, model guidelines for the technology referred to in clause (i); methodologies for evaluating oral fluid use to facilitate increased data collection and analysis and to determine optimal strategies for deploying the technology referred to in clause
(i)as part of a pilot program and standard operating procedure in driving under the influence investigations; and future steps, including a timeline for implementing such steps, that the NHTSA will take to advance research in onsite drug screening technology.