Drug Free Commercial Driver Act of 2013

Summary: Drug Free Commercial Driver Act of 2013 - Directs the Secretary of Transportation (DOT) to modify regulations that require motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.  Allows a motor carrier to use hair testing as a method for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (but the latter only if the motor carrier tested the operator at preemployment using the same method).  Directs the Secretary of Health and Human Services (HHS) to issue scientific and technical guidelines for hair testing of operators for use of controlled substances. Directs the Secretary to develop procedures to allow a motor carrier during the rulemaking process to apply for an exemption from current requirements to allow use of hair testing of operators for controlled substances instead of other methods of preemployment and random testing.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Free Commercial Driver Act of 
2013''.

SEC. 2. HAIR TESTING AS METHOD OF DETECTING USE OF CONTROLLED 
              SUBSTANCES.

    (a) In General.--Section 31306 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (d) through (j) as 
        subsections (e) through (k), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Inclusion of Hair Testing as a Method of Testing for 
Controlled Substances.--
            ``(1) In general.--The Secretary of Transportation shall 
        modify regulations issued under subsection (b) to allow a motor 
        carrier to use hair testing as a method of detecting the use of 
        a controlled substance by an operator of a commercial motor 
        vehicle.
            ``(2) Limitations on use of hair testing.--
                    ``(A) Preemployment and random testing.--
                Regulations issued under paragraph (1) shall limit the 
                use of hair testing as a method of detecting the use of 
                a controlled substance to--
                            ``(i) preemployment testing; and
                            ``(ii) subject to subparagraph (B), random 
                        testing.
                    ``(B) Limitation on use for random testing.--A 
                motor carrier may not use hair testing as a method of 
                detecting the use of a controlled substance by an 
                operator of a commercial motor vehicle for random 
                testing unless the motor carrier tested such operator 
                at preemployment using the same method.
            ``(3) Applicability of general testing guidelines.--A motor 
        carrier using hair testing as a method of detecting the use of 
        a controlled substance by an operator of a commercial motor 
        vehicle shall be subject to--
                    ``(A) privacy and other testing and laboratory 
                requirements under subsection (c); and
                    ``(B) clearinghouse requirements under section 
                1306a.''.
    (b) Effective Date.--The regulations required by section 31306 of 
title 49, United States Code, as added by subsection (a), shall be 
issued not later than 1 year after the date of enactment of this Act.

SEC. 3. 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. 4. EXEMPTION DURING RULEMAKING PROCESS.

    (a) In General.--The Secretary of Transportation shall develop 
procedures to allow a motor carrier to apply for an exemption under 
section 31306 of title 49, United States Code, to use hair testing as a 
method of detecting the use of a controlled substance by an operator of 
a commercial motor vehicle instead of other methods of preemployment 
and random testing. The procedures shall remain in effect until the 
procedures required under the amendment made by section 2 have been 
implemented.
    (b) Limitations on Exemption.--A motor carrier shall be eligible to 
apply for an exemption under paragraph (1) only if--
            (1) the motor carrier demonstrates to the Secretary that 
        the carrier has used hair testing as a method of detecting the 
        use of a controlled substance by an operator of a commercial 
        motor vehicle for at least 1 year before the date of enactment 
        of this Act; and
            (2) the motor carrier uses a hair testing laboratory that--
                    (A) has obtained laboratory accreditation from the 
                College of American Pathologists; and
                    (B) uses a testing method that has 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) Applicability of General Testing Guidelines.--A motor carrier 
using hair testing as a method of detecting the use of a controlled 
substance by an operator of a commercial motor vehicle shall be subject 
to--
            (1) privacy and other testing and laboratory requirements 
        under subsection (c); and
            (2) clearinghouse requirements under section 1306a of such 
        title.

SEC. 5. REPORT.

    Not later than 1 year after the date of implementation of the 
regulations issued under section 31306(d) of title 49, United States 
Code (as amended by this Act), and annually thereafter, the Secretary 
shall submit to Congress a report containing an analysis of the 
efficacy of hair testing and urinalysis as methods of detecting the use 
of controlled substances.

SEC. 6. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given the term in section 31301 of 
        title 49, United States Code.
            (2) Controlled substance.--The term ``controlled 
        substance'' means any substance under section 102 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 802) specified by the Secretary of Transportation.
            (3) Motor carrier.--The term ``motor carrier'' has the 
        meaning given the term in section 13102 of title 49, United 
        States Code.