113 S1625 IS: Drug Free Commercial Driver Act of 2013 U.S. Senate 2013-10-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1625IN THE SENATE OF THE UNITED STATESOctober 30, 2013Mr. Pryor (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend section 31306 of title 49, United States Code, to recognize hair as an alternative specimen for preemployment and random controlled substances testing of commercial motor vehicle drivers and for other purposes.

1.

Short title

This Act may be cited as the Drug Free Commercial Driver Act of 2013.

2.

Authorization of hair testing as an acceptable procedure for preemployment and random controlled substance tests

Section 31306 of title 49, United States Code, is amended—(1)in subsection (b)(1)—(A)by redesignating subparagraph (B) as subparagraph (C); and(B)in subparagraph (A), by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. and inserting the following:(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;(ii)to use hair testing as an acceptable alternative to urinalysis—(I)in conducting preemployment screening for the use of a controlled substance; and(II)in conducting random screening for the use of a controlled substance if such method is also used for preemployment screening.; and(2)in subsection (c)(2)—(A)in subparagraph (B), by striking and at the end;(B)in subparagraph (C), by inserting and after the semicolon; and(C)by adding at the end the following:(D)laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance;.

3.

Exemption from mandatory urinalysis

(a)

In general

Any motor carrier that demonstrates, to the satisfaction of the Administrator of the Federal Motor Carrier Safety Administration, that it has consistently carried out a generally applicable hair testing program to detect the use of a controlled substance by commercial motor vehicle operators during the most recent 1-year period, may apply to the Administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart C of part 382 of title 49, Code of Federal Regulations until a final rule is issued implementing the amendments made by section 2.(b)

Reporting requirement

Any motor carrier that is granted an exemption under subsection (a) shall submit records to the national clearinghouse established under section 31306a of title 49, United States Code, relating to all positive test results and test refusals from the hair testing program described in that subsection.

4.

Annual report to Congress

The Secretary of Transportation shall submit an annual report to Congress that—(1)summarizes the results of preemployment and random drug testing using both hair testing and urinalysis;(2)evaluates the efficacy of each method; and(3)determines which method provides the most accurate means of detecting the use of controlled substances over time.