[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1467 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1467

 To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2015

Mr. Crawford (for himself, Mr. Duffy, Mr. Ribble, Mr. Hill, Mr. Womack, 
 Mr. Westerman, Ms. Norton, and Mr. Lipinski) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Free Commercial Driver Act of 
2015''.

SEC. 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);
                    (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
                    (C) by inserting after subparagraph (A) 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 for operators who were 
                                subject to hair testing for 
                                preemployment screening.''; and
            (2) in subsection (c)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by adding ``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;''.

SEC. 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 can carry out an applicable hair testing 
program, consistent with generally accepted industry standards, to 
detect the use of a controlled substance by commercial motor vehicle 
operators, 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 requirements contained in the amendments 
made by section 2.
    (b) Testing Requirements.--To be eligible for an exemption under 
subsection (a), the motor carrier's testing program shall employ 
procedures and protections similar to a fleet that has carried out hair 
testing program for at least 12 months. The motor carrier's program 
shall use a laboratory--
            (1) for which hair testing assays have been cleared by the 
        Food and Drug Administration under section 510(k) of the 
        Federal Food, Drug and Cosmetic Act (21 U.S.C. 360(k)); and
            (2) that has obtained laboratory accreditation for hair 
        testing from the College of American Pathologists.
    (c) 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 subsection (a).

SEC. 4. GUIDELINES FOR HAIR TESTING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall issue scientific and 
technical guidelines for hair testing as a method of detecting the use 
of a controlled substance for purposes of section 31306 of title 49, 
United States Code, as amended by this Act.

SEC. 5. 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.
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