I 112th CONGRESS 2d Session H. R. 6641 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.

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.