I 

113TH CONGRESS 

1ST SESSION H. R. 3403 

To amend title 49, United States Code, to allow motor carriers to use 

hair testing as a method of detecting the use of controlled substances 

by operators of commercial motor vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mr. CRAWFORD (for himself, Mr. RIBBLE, Mr. GRIFFIN of Arkansas, Mr. 

WOMACK, and Mr. COTTON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to allow motor carriers to use hair testing as a method of detecting the 

use of controlled substances by operators of commercial 

motor vehicles, 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. HAIR TESTING AS METHOD OF DETECTING USE OF 

2 CONTROLLED SUBSTANCES. 

3 (a) IN GENERAL.—Section 31306 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating subsections (d) through (j) 

6 as subsections (e) through (k), respectively; and 

7 (2) by inserting after subsection (c) the fol8 lowing new subsection: 

9 ‘‘(d) INCLUSION OF HAIR TESTING AS A METHOD OF

10 TESTING FOR CONTROLLED SUBSTANCES.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation shall modify regulations issued under sub13 section (b) to allow a motor carrier to use hair test14 ing as a method of detecting the use of a controlled 

15 substance by an operator of a commercial motor ve16 hicle. 

17 ‘‘(2) LIMITATIONS ON USE OF HAIR TESTING.— 

18 ‘‘(A) PREEMPLOYMENT AND RANDOM

19 TESTING.—Regulations issued under paragraph 

20 (1) shall limit the use of hair testing as a meth21 od of detecting the use of a controlled substance 

22 to— 

23 ‘‘(i) preemployment testing; and 

24 ‘‘(ii) subject to subparagraph (B), 

25 random testing. 


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1 ‘‘(B) LIMITATION ON USE FOR RANDOM

2 TESTING.—A motor carrier may not use hair 

3 testing as a method of detecting the use of a 

4 controlled substance by an operator of a com5 mercial motor vehicle for random testing unless 

6 the motor carrier tested such operator at pre7 employment using the same method. 

8 ‘‘(3) APPLICABILITY OF GENERAL TESTING

9 GUIDELINES.—A motor carrier using hair testing as 

10 a method of detecting the use of a controlled sub11 stance by an operator of a commercial motor vehicle 

12 shall be subject to— 

13 ‘‘(A) privacy and other testing and labora14 tory requirements under subsection (c); and 

15 ‘‘(B) clearinghouse requirements under 

16 section 1306a.’’. 

17 (b) EFFECTIVE DATE.—The regulations required by 

18 section 31306 of title 49, United States Code, as added 

19 by subsection (a), shall be issued not later than 1 year 

20 after the date of enactment of this Act. 

21 SEC. 3. GUIDELINES FOR HAIR TESTING. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Secretary of Health and Human Services 

24 shall issue scientific and technical guidelines for hair test25 ing as a method of detecting the use of a controlled subVerDate Mar 15 2010 21:33 Nov 05, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3403.IH H3403

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1 stance for purposes of section 31306 of title 49, United 

2 States Code, as amended by this Act. 

3 SEC. 4. EXEMPTION DURING RULEMAKING PROCESS. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 shall develop procedures to allow a motor carrier to apply 

6 for an exemption under section 31306 of title 49, United 

7 States Code, to use hair testing as a method of detecting 

8 the use of a controlled substance by an operator of a com9 mercial motor vehicle instead of other methods of pre10 employment and random testing. The procedures shall re11 main in effect until the procedures required under the 

12 amendment made by section 2 have been implemented. 

13 (b) LIMITATIONS ON EXEMPTION.—A motor carrier 

14 shall be eligible to apply for an exemption under para15 graph (1) only if— 

16 (1) the motor carrier demonstrates to the Sec17 retary that the carrier has used hair testing as a 

18 method of detecting the use of a controlled sub19 stance by an operator of a commercial motor vehicle 

20 for at least 1 year before the date of enactment of 

21 this Act; and 

22 (2) the motor carrier uses a hair testing labora23 tory that— 

24 (A) has obtained laboratory accreditation 

25 from the College of American Pathologists; and 


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1 (B) uses a testing method that has been 

2 cleared by the Food and Drug Administration 

3 under section 510(k) of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 360(k)). 

5 (c) APPLICABILITY OF GENERAL TESTING GUIDE6 LINES.—A motor carrier using hair testing as a method 

7 of detecting the use of a controlled substance by an oper8 ator of a commercial motor vehicle shall be subject to— 

9 (1) privacy and other testing and laboratory re10 quirements under subsection (c); and 

11 (2) clearinghouse requirements under section 

12 1306a of such title. 

13 SEC. 5. REPORT. 

14 Not later than 1 year after the date of implementa15 tion of the regulations issued under section 31306(d) of 

16 title 49, United States Code (as amended by this Act), 

17 and annually thereafter, the Secretary shall submit to 

18 Congress a report containing an analysis of the efficacy 

19 of hair testing and urinalysis as methods of detecting the 

20 use of controlled substances. 

21 SEC. 6. DEFINITIONS. 

22 In this Act, the following definitions apply: 

23 (1) COMMERCIAL MOTOR VEHICLE.—The term 

24 ‘‘commercial motor vehicle’’ has the meaning given 


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1 the term in section 31301 of title 49, United States 

2 Code. 

3 (2) CONTROLLED SUBSTANCE.—The term 

4 ‘‘controlled substance’’ means any substance under 

5 section 102 of the Comprehensive Drug Abuse Pre6 vention and Control Act of 1970 (21 U.S.C. 802) 

7 specified by the Secretary of Transportation. 

8 (3) MOTOR CARRIER.—The term ‘‘motor car9 rier’’ has the meaning given the term in section 

10 13102 of title 49, United States Code. 

Æ 


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