II 

113TH CONGRESS 

1ST SESSION S. 1625 

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 

OCTOBER 30, 2013 

Mr. PRYOR (for himself and Mr. BOOZMAN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Free Commercial 

5 Driver Act of 2013’’. 


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1 SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPT2 ABLE PROCEDURE FOR PREEMPLOYMENT 

3 AND RANDOM CONTROLLED SUBSTANCE 

4 TESTS. 

5 Section 31306 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (b)(1)— 

8 (A) by redesignating subparagraph (B) as 

9 subparagraph (C); and 

10 (B) in subparagraph (A), by striking ‘‘The 

11 regulations shall permit such motor carriers to 

12 conduct preemployment testing of such employ13 ees for the use of alcohol.’’ and inserting the 

14 following: 

15 ‘‘(B) The regulations prescribed under subparagraph 

16 (A) shall permit motor carriers— 

17 ‘‘(i) to conduct preemployment testing of com18 mercial motor vehicle operators for the use of alco19 hol; 

20 ‘‘(ii) to use hair testing as an acceptable alter21 native to urinalysis— 

22 ‘‘(I) in conducting preemployment screen23 ing for the use of a controlled substance; and 

24 ‘‘(II) in conducting random screening for 

25 the use of a controlled substance if such method 

26 is also used for preemployment screening.’’; and 


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1 (2) in subsection (c)(2)— 

2 (A) in subparagraph (B), by striking 

3 ‘‘and’’ at the end; 

4 (B) in subparagraph (C), by inserting 

5 ‘‘and’’ after the semicolon; and 

6 (C) by adding at the end the following: 

7 ‘‘(D) laboratory protocols and cut-off levels 

8 for hair testing to detect the use of a controlled 

9 substance;’’. 

10 SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS. 

11 (a) IN GENERAL.—Any motor carrier that dem12 onstrates, to the satisfaction of the Administrator of the 

13 Federal Motor Carrier Safety Administration, that it has 

14 consistently carried out a generally applicable hair testing 

15 program to detect the use of a controlled substance by 

16 commercial motor vehicle operators during the most recent 

17 1-year period, may apply to the Administrator for an ex18 emption from the mandatory urinalysis testing require19 ments set forth in subpart C of part 382 of title 49, Code 

20 of Federal Regulations until a final rule is issued imple21 menting the amendments made by section 2. 

22 (b) REPORTING REQUIREMENT.—Any motor carrier 

23 that is granted an exemption under subsection (a) shall 

24 submit records to the national clearinghouse established 

25 under section 31306a of title 49, United States Code, reVerDate Mar 15 2010 01:42 Nov 01, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1625.IS S1625

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1 lating to all positive test results and test refusals from 

2 the hair testing program described in that subsection. 

3 SEC. 4. ANNUAL REPORT TO CONGRESS. 

4 The Secretary of Transportation shall submit an an5 nual report to Congress that— 

6 (1) summarizes the results of preemployment 

7 and random drug testing using both hair testing and 

8 urinalysis; 

9 (2) evaluates the efficacy of each method; and 

10 (3) determines which method provides the most 

11 accurate means of detecting the use of controlled 

12 substances over time. 

Æ 


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