[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 806 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 806

 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 SENATE OF THE UNITED STATES

                             March 19, 2015

Mr. Boozman (for himself, Mr. Manchin, and Ms. Heitkamp) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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); 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; and
            ``(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 by individuals who were 
                subject to 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;''.

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 amendments made by section 2.
    (b) Evaluation of Applications.--In evaluating applications for 
exemptions under subsection (a), the Administrator shall determine if 
the applicant's testing program employs procedures and protections 
similar to fleets that have carried out hair testing programs for at 
least 1 year. A testing program may not receive an exemption under 
subsection (a) unless it uses a laboratory--
            (1) whose 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) 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 that subsection.

SEC. 4. GUIDELINES FOR HAIR TESTING.

    Not later than 1 year after the date of the 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 section 2.

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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