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

<DOC>





                                                       Calendar No. 404
114th CONGRESS
  2d Session
                                 S. 806

                          [Report No. 114-232]

 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, Ms. Heitkamp, Mrs. Fischer, Ms. 
  Baldwin, Mr. Moran, and Mr. Johnson) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             March 28, 2016

Reported, under authority of the order of the Senate of March 17, 2016, 
                    by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPTABLE 
              PROCEDURE FOR PREEMPLOYMENT AND RANDOM CONTROLLED 
              SUBSTANCE TESTS.</DELETED>

<DELETED>    Section 31306 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1)--</DELETED>
                <DELETED>    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and</DELETED>
                <DELETED>    (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:</DELETED>
<DELETED>    ``(B) The regulations prescribed under subparagraph (A) 
shall permit motor carriers--</DELETED>
        <DELETED>    ``(i) to conduct preemployment testing of 
        commercial motor vehicle operators for the use of alcohol; 
        and</DELETED>
        <DELETED>    ``(ii) to use hair testing as an acceptable 
        alternative to urinalysis--</DELETED>
                <DELETED>    ``(I) in conducting preemployment 
                screening for the use of a controlled substance; 
                and</DELETED>
                <DELETED>    ``(II) in conducting random screening for 
                the use of a controlled substance by individuals who 
                were subject to preemployment screening.''; 
                and</DELETED>
        <DELETED>    (2) in subsection (c)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (C), by inserting 
                ``and'' after the semicolon; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(D) laboratory protocols and cut-off 
                levels for hair testing to detect the use of a 
                controlled substance;''.</DELETED>

<DELETED>SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) has obtained laboratory accreditation for hair 
        testing from the College of American Pathologists.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. GUIDELINES FOR HAIR TESTING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. ANNUAL REPORT TO CONGRESS.</DELETED>

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

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.--
            (1) In general.--In evaluating an application for an 
        exemption 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.
            (2) Requirements.--A testing program may not receive an 
        exemption under subsection (a) unless the applicable testing 
        laboratories--
                    (A) have obtained laboratory accreditation specific 
                to hair testing from an accrediting body, compliant 
                with international or other Federal standards as 
                appropriate, such as the College of American 
                Pathologists; and
                    (B) utilize hair testing assays that 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)).
    (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. When issuing the 
scientific and technical guidelines, the Secretary may consider 
differentiating between exposure to and usage of various controlled 
substances.

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.
                                                       Calendar No. 404

114th CONGRESS

  2d Session

                                 S. 806

                          [Report No. 114-232]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 28, 2016

                       Reported with an amendment