[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6641 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6641

   To authorize the Secretary of Transportation to establish a pilot 
program to study the benefits of using hair specimens for preemployment 
controlled substances tests of commercial motor vehicle operators, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2012

 Mr. Ribble (for himself and Mr. Fleischmann) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Transportation to establish a pilot 
program to study the benefits of using hair specimens for preemployment 
controlled substances tests of commercial motor vehicle operators, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. USE OF HAIR SPECIMENS FOR PREEMPLOYMENT CONTROLLED 
              SUBSTANCES TESTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.

    (a) Pilot Program.--The Secretary of Transportation shall carry out 
a pilot program to study the benefits of using hair specimens to 
conduct preemployment controlled substances tests of commercial motor 
vehicle operators under section 31306 of title 49, United States Code.
    (b) Deadlines; Program Term.--The Secretary shall--
            (1) develop the pilot program not later than 1 year after 
        the date of enactment of this Act;
            (2) begin implementation of the pilot program not later 
        than 18 months after the date of enactment of this Act; and
            (3) continue implementation of the pilot program for a 
        period of 1 year.
    (c) Development of Guidelines, Protocols, and Standards.--
Notwithstanding any other provision of law, the Secretary, in 
consultation with the heads of such other agencies as the Secretary 
determines appropriate, shall develop guidelines, protocols, and 
standards for hair specimen collection and testing under the pilot 
program.
    (d) Participation by Motor Carriers.--The Secretary shall solicit 
motor carriers to participate in the pilot program. Such participation 
shall be subject to the following terms and conditions:
            (1) All motor carriers participating in the pilot program 
        must continue to follow current Department of Transportation 
        controlled substances testing procedures, in addition to 
        testing hair specimens under the pilot program.
            (2) The Secretary shall require all motor carriers 
        participating in the pilot program to implement adequate 
        safeguards to ensure that hair specimen collection and testing 
        is performed in a manner that protects an individual's right of 
        privacy.
            (3) The Secretary shall ensure that no individual is 
        harassed by being treated differently from other individuals 
        under the pilot program.
    (e) Report to Congress.--
            (1) In general.--Not later than 33 months after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        comprehensive report on the results of the pilot program, 
        including information identifying the potential benefits and 
        costs of testing hair specimens for the purpose of detecting 
        and deterring controlled substances use.
            (2) Required findings.--At a minimum, the report shall 
        include findings relating to the following:
                    (A) Whether hair specimen testing is more effective 
                than urine specimen testing in identifying individuals 
                who have engaged in illegal controlled substances use.
                    (B) Whether hair specimen testing is more effective 
                than urine specimen testing in deterring illegal 
                controlled substances use that compromises highway 
                safety.
                    (C) Whether hair specimen testing is less prone 
                than urine specimen testing to sample substitution and 
                other methods of subversion.
                    (D) The positive test rates of participating 
                carriers on both urine specimen and hair specimen tests 
                conducted for preemployment and, if applicable, 
                reasonable suspicion, random, or post-accident testing.
                    (E) Data gathered and analysis conducted to address 
                concerns related to potential disparate treatment of 
                individuals or groups.
    (f) Use of National Clearinghouse.--Records relating to tests 
conducted under the pilot program shall be deposited in the national 
clearinghouse established under section 31306a of title 49, United 
States Code.
    (g) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given that term under 
section 31301 of title 49, United States Code.
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