U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–232 

Calendar No. 404 

DRUG FREE COMMERCIAL DRIVER ACT OF 

2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 806 

MARCH 28, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of March 17, 2016 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1 49 CFR 382 – Controlled Substances and Alcohol Use and Testing. Available at: 

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr;sid=7be618c5eb56986bf8b5bd134450b9f3; 

Continued 

Calendar No. 404 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–232 

DRUG FREE COMMERCIAL DRIVER ACT OF 2015 

MARCH 28, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of March 17, 2016 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 806] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (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, having 

considered the same, reports favorably thereon with an amendment 

(in the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The purpose of the Drug Free Commercial Driver Act of 2015 is 

to allow motor carriers to use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals for preemployment screening and random screening. 

BACKGROUND AND NEEDS

Current Federal law requires motor carriers to conduct preemployment drug testing and random drug and alcohol testing to 

help prevent accidents and injuries resulting from the misuse of alcohol, or use of controlled substances, by operators of commercial 

motor vehicles.1 Specifically, the Department of Transportation 


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2 

rgn=div5;view=text;node=49%3A5.1.1.2.25;idno=49;cc=ecfr#se49.5.382l1101. (Accessed on May 

8, 2015). 2Federal Motor Carrier Safety Administration: Drug and Alcohol Testing Brochure for Drivers 

Link. Available at: http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drug-and-Alcohol-Brochure-for-Drivers.pdf. (Accessed June 12, 2015). 3Dept. of Health and Human Services Seeks Information on Hair Testing. Available at http:// 

www.ttnews.com/articles/basetemplate.aspx?storyid=38417. (Accessed June 12, 2015). 4 49 U.S.C. 31306(a). 

(DOT) requires urinalysis for alcohol, marijuana metabolites, cocaine metabolites, opiates metabolites, amphetamines, and 

phencyclidine (known as PCP).2

Hair testing may be more effective than a urinalysis to screen for 

certain prohibited substances. Unlike urinalysis, which only detects 

drug use in the last two to three days, hair testing is able to detect 

drug use for up to 90 days. The Drug Testing Advisory Board at 

the Substance Abuse and Mental Health Services Administration, 

a division of the Department of Health and Human Services (HHS), 

has started collecting information related to hair-specimen drug 

testing, including the specimen, its collection, specimen preparation, analyses, cutoffs, specimen validity, and initial and confirmatory testing.3

Hair testing cannot detect alcohol, so urinalysis will still be required for post-accident screening. 

The results of drug tests conducted using hair testing would be 

submitted to the Commercial Driver’s License Drug and Alcohol 

Clearinghouse (Clearinghouse) which maintains records of positive 

tests, and test refusals for operators required to take drug or alcohol tests. Established pursuant to the Moving Ahead for Progress 

in the 21st Century Act (MAP-21),4 the purpose of the Clearinghouse is to improve compliance with testing and enhance safety of 

roadways by reducing accidents and injuries involving the misuse 

of alcohol or use of controlled substances by commercial motor vehicle operators. 

SUMMARY OF PROVISIONS

The Drug Free Commercial Driver Act of 2015 would allow motor 

carriers to use hair testing in lieu of urinalysis for preemployment 

screening and random screening for the use of a controlled substance. The bill also would make a number of program adjustments 

and improvements to the commercial motor vehicle substance 

screening process, including— 

∑ providing for the use of hair testing as an acceptable alternative to urinalysis for detecting use of drugs by individuals, but 

only for preemployment screening and random screening; 

∑ allowing a motor carrier, which demonstrates it is able to carry 

out a hair testing program consistent with generally accepted industry standards, to apply to the Administrator of the Federal 

Motor Carrier Safety Administration (FMCSA) for exemption from 

mandatory urinalysis testing; and 

∑ directing the Secretary of HHS to issue scientific and technical 

guidelines for hair testing as a method for detecting the use of controlled substances. 


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LEGISLATIVE HISTORY

On March 19, 2015, the Drug Free Commercial Driver Act of 

2015 was introduced by Senator Boozman and cosponsored by Senators Manchin, Heitkamp, and Fischer. On May 20, 2015, the Committee met in open Executive Session and, by a voice vote, ordered 

S. 806 to be reported favorably, with an amendment in the nature 

of a substitute, including two amendments. The accepted amendments would give the Secretary of Transportation increased flexibility and allow the Secretary of HHS, when issuing guidelines for 

hair testing, to consider differentiating between exposure to, and 

usage of, various controlled substances. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 806—Drug Free Commercial Driver Act of 2015 

S. 806 would direct the Department of Transportation (DOT) 

along with the Department of Health and Human Services (HHS) 

to issue regulations that allow motor carriers to use hair testing as 

an alternative to urinalysis when conducting pre-employment and 

random substance abuse testing of their commercial drivers. The 

bill also would require HHS to establish requirements for laboratory protocols for hair testing. 

Under current law, motor carriers are required to test their drivers for substance abuse and, under DOT regulations, may only use 

urinalysis. S. 806 would require DOT to expand the allowable testing regimes to hair. CBO estimates that DOT would need two staff 

members for two years to complete this regulatory change and to 

review applications from motor carriers for exemptions until the 

rule is complete, which would cost about $500,000. 

HHS recently completed proposed guidelines on detecting substance abuse using a specimen of an individual’s saliva. Based on 

information from the agency and its experience producing the proposed guidelines related to saliva testing, CBO estimates that producing similar guidelines for hair testing would cost about $3 million, mostly for subject matter experts and testing of protocols. 

As a result, CBO estimates that implementing the bill would cost 

$4 million over the 2016–2020 period, assuming the appropriation 

of the necessary amounts. Enacting S. 806 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

S. 806 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contacts for this estimate are Sarah Puro (for the 

Department of Transportation), and Andrea Noda and Ellen 

Werble (for the Department of Health and Human Services). The 

estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 


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REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The Drug Free Commercial Driver Act of 2015, as reported, 

would allow, but would not require, hair testing as an acceptable 

alternative to urinalysis for any motor carrier operating in the 

United States. If a company opts to use hair testing, as an alternative to urinalysis, for controlled substances the company and its 

employees would then be subject to new regulatory requirements. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have any significant adverse impacts on the Nation’s economy. 

PRIVACY

This bill would require all companies that choose to use hair testing as an alternative to urinalysis to notify the Clearinghouse of 

any positive test results or any refusal to the testing process. The 

development of the Clearinghouse is required by MAP-21. The 

Clearinghouse was established to ensure compliance with the 

DOT’s alcohol and controlled substances testing program. The 

Clearinghouse would enhance the safety of roadways by reducing 

accidents and injuries involving the misuse of alcohol and controlled substances by commercial motor vehicle operators. The establishment of the Clearinghouse is currently in the final rulemaking phase of development. 

PAPERWORK

This bill would add a new reporting requirement: it would mandate that the Secretary of Transportation submit an annual report 

to Congress, including a summary of results of preemployment and 

random screening using hair testing and urinalysis, an evaluation 

and comparison of both methods, and a determination of which 

method is the most accurate over time. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would designate the short title of this bill as the 

‘‘Drug Free Commercial Driver Act of 2015.’’ 


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Section 2. Authorization of hair testing as an acceptable procedure 

for pre-employment and random controlled substance tests. 

This section would allow the use of hair testing for preemployment screening for the use of controlled substances and subsequent 

random screening. 

Section 3. Exemption from mandatory urinalysis. 

A motor carrier would be allowed to apply to the FMCSA for an 

exemption that if granted would permit the carrier to use hair testing as an alternative to urinalysis for preemployment and subsequent random screening for the use of a controlled substance. To 

obtain the exemption, the motor carrier would have to demonstrate 

the ability to conduct hair testing consistent with industry standards. 

In evaluating applications for exemptions, the FMCSA would be 

required to ensure that: a company’s testing procedures and protections are similar to those used by other fleets, have met the satisfaction of the Administrator of the FMCSA to carry out hair testing, and have used those methods for more than one year; the testing laboratory has received accreditation from an accrediting body 

compliant with international or Federal standards; and the hair 

testing standards used have been approved by the Food and Drug 

Administration. 

Positive test results and test refusals would be submitted to the 

Clearinghouse as they are with current urine tests. 

Section 4. Guidelines for hair testing. 

Within one year of the date of enactment of the Act, the Secretary of HHS would be required to issue scientific and technical 

guidelines for hair testing as a way of differentiating between exposure to, and use of, various controlled substance. 

Section 5. Annual report to Congress. 

The Secretary of Transportation would be required to submit an 

annual report to Congress, including a summary of results of preemployment and random screening using hair testing and urinalysis, a comparison of both methods, and a determination of which 

method would be the most accurate over time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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TITLE 49. TRANSPORTATION 

SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

PART B. COMMERCIAL

CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS

§ 31306. Alcohol and controlled substances testing 

(a) DEFINITION.—In this section and section 31306a, ‘‘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. 

(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR

VEHICLES.— 

(1)(A) In the interest of commercial motor vehicle safety, the 

Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident 

testing of operators of commercial motor vehicles for the use of 

a controlled substance in violation of law or a United States 

Government regulation and to conduct reasonable suspicion, 

random, and post-accident testing of such operators for the use 

of alcohol in violation of law or a United States Government 

regulation. øThe regulations shall permit such motor carriers 

to conduct preemployment testing of such employees for the 

use of alcohol.¿ 

(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. 

ø(B)¿(C) When the Secretary of Transportation considers 

it appropriate in the interest of safety, the Secretary may 

prescribe regulations for conducting periodic recurring 

testing of operators of commercial motor vehicles for the 

use of alcohol or a controlled substance in violation of law 

or a Government regulation. 

(2) In prescribing regulations under this subsection, the Secretary of Transportation— 

(A) shall require that post-accident testing of an operator 

of a commercial motor vehicle be conducted when loss of 

human life occurs in an accident involving a commercial 

motor vehicle; and 

(B) may require that post-accident testing of such an operator be conducted when bodily injury or significant property damage occurs in any other serious accident involving 

a commercial motor vehicle. 


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(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out 

subsection (b) of this section, the Secretary of Transportation shall 

develop requirements that shall— 

(1) promote, to the maximum extent practicable, individual 

privacy in the collection of specimens; 

(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human 

Services scientific and technical guidelines dated April 11, 

1988, and any amendments to those guidelines, including mandatory guidelines establishing— 

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including 

standards requiring the use of the best available technology to ensure the complete reliability and accuracy of 

controlled substances tests and strict procedures governing 

the chain of custody of specimens collected for controlled 

substances testing; 

(B) the minimum list of controlled substances for which 

individuals may be tested; øand¿ 

(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled 

substances testing in carrying out this section; and 

(D) laboratory protocols and cut-off levels for hair testing 

to detect the use of a controlled substance; 

(3) require that a laboratory involved in testing under this 

section have the capability and facility, at the laboratory, of 

performing screening and confirmation tests; 

(4) provide that any test indicating the use of alcohol or a 

controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of 

testing capable of providing quantitative information about alcohol or a controlled substance; 

(5) provide that each specimen be subdivided, secured, and 

labeled in the presence of the tested individual and that a part 

of the specimen be retained in a secure manner to prevent the 

possibility of tampering, so that if the individual’s confirmation 

test results are positive the individual has an opportunity to 

have the retained part tested by a 2d confirmation test done 

independently at another certified laboratory if the individual 

requests the 2d confirmation test not later than 3 days after 

being advised of the results of the first confirmation test; 

(6) ensure appropriate safeguards for testing to detect and 

quantify alcohol in breath and body fluid samples, including 

urine and blood, through the development of regulations that 

may be necessary and in consultation with the Secretary of 

Health and Human Services; 

(7) provide for the confidentiality of test results and medical 

information (except information about alcohol or a controlled 

substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and 

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is 


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harassed by being treated differently from other employees in 

similar circumstances. 

* * * * * * * 

Æ 


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