II 

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. 


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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 2015’’. 

6 SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPT7 ABLE PROCEDURE FOR PREEMPLOYMENT 

8 AND RANDOM CONTROLLED SUBSTANCE 

9 TESTS. 

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

11 amended— 

12 (1) in subsection (b)(1)— 

13 (A) by redesignating subparagraph (B) as 

14 subparagraph (C); and 

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

16 regulations shall permit such motor carriers to 

17 conduct preemployment testing of such employ18 ees for the use of alcohol.’’ and inserting the 

19 following: 

20 ‘‘(B) The regulations prescribed under subparagraph 

21 (A) shall permit motor carriers— 

22 ‘‘(i) to conduct preemployment testing of com23 mercial motor vehicle operators for the use of alco24 hol; and 


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1 ‘‘(ii) to use hair testing as an acceptable alter2 native to urinalysis— 

3 ‘‘(I) in conducting preemployment screen4 ing for the use of a controlled substance; and 

5 ‘‘(II) in conducting random screening for 

6 the use of a controlled substance by individuals 

7 who were subject to preemployment screening.’’; 

8 and 

9 (2) in subsection (c)(2)— 

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

11 ‘‘and’’ at the end; 

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

13 ‘‘and’’ after the semicolon; and 

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

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

16 for hair testing to detect the use of a controlled 

17 substance;’’. 

18 SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS. 

19 (a) IN GENERAL.—Any motor carrier that dem20 onstrates, to the satisfaction of the Administrator of the 

21 Federal Motor Carrier Safety Administration, that it can 

22 carry out an applicable hair testing program, consistent 

23 with generally accepted industry standards, to detect the 

24 use of a controlled substance by commercial motor vehicle 

25 operators, may apply to the Administrator for an exempVerDate Sep 11 2014 21:18 Mar 28, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S806.RS S806

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1 tion from the mandatory urinalysis testing requirements 

2 set forth in subpart C of part 382 of title 49, Code of 

3 Federal Regulations until a final rule is issued imple4 menting the amendments made by section 2. 

5 (b) EVALUATION OF APPLICATIONS.—In evaluating 

6 applications for exemptions under subsection (a), the Ad7 ministrator shall determine if the applicant’s testing pro8 gram employs procedures and protections similar to fleets 

9 that have carried out hair testing programs for at least 

10 1 year. A testing program may not receive an exemption 

11 under subsection (a) unless it uses a laboratory— 

12 (1) whose hair testing assays have been cleared 

13 by the Food and Drug Administration under section 

14 510(k) of the Federal Food, Drug and Cosmetic Act 

15 (21 U.S.C. 360(k)); and 

16 (2) has obtained laboratory accreditation for 

17 hair testing from the College of American Patholo18 gists. 

19 (c) REPORTING REQUIREMENT.—Any motor carrier 

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

21 submit records to the national clearinghouse established 

22 under section 31306a of title 49, United States Code, re23 lating to all positive test results and test refusals from 

24 the hair testing program described in that subsection. 


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1 SEC. 4. GUIDELINES FOR HAIR TESTING. 

2 Not later than 1 year after the date of the enactment 

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

4 shall issue scientific and technical guidelines for hair test5 ing as a method of detecting the use of a controlled sub6 stance for purposes of section 31306 of title 49, United 

7 States Code, as amended by section 2. 

8 SEC. 5. ANNUAL REPORT TO CONGRESS. 

9 The Secretary of Transportation shall submit an an10 nual report to Congress that— 

11 (1) summarizes the results of preemployment 

12 and random drug testing using both hair testing and 

13 urinalysis; 

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

15 (3) determines which method provides the most 

16 accurate means of detecting the use of controlled 

17 substances over time. 

18 SECTION 1. SHORT TITLE. 

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

20 Driver Act of 2015’’. 

21 SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPT22 ABLE PROCEDURE FOR PREEMPLOYMENT 

23 AND RANDOM CONTROLLED SUBSTANCE 

24 TESTS. 

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

26 amended— 


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1 (1) in subsection (b)(1)— 

2 (A) by redesignating subparagraph (B) as 

3 subparagraph (C); and 

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

5 regulations shall permit such motor carriers to 

6 conduct preemployment testing of such employees 

7 for the use of alcohol.’’ and inserting the fol8 lowing: 

9 ‘‘(B) The regulations prescribed under subparagraph 

10 (A) shall permit motor carriers— 

11 ‘‘(i) to conduct preemployment testing of com12 mercial motor vehicle operators for the use of alcohol; 

13 and 

14 ‘‘(ii) to use hair testing as an acceptable alter15 native to urinalysis— 

16 ‘‘(I) in conducting preemployment screening 

17 for the use of a controlled substance; and 

18 ‘‘(II) in conducting random screening for 

19 the use of a controlled substance by individuals 

20 who were subject to preemployment screening.’’; 

21 and 

22 (2) in subsection (c)(2)— 

23 (A) in subparagraph (B), by striking ‘‘and’’ 

24 at the end; 


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

2 ‘‘and’’ after the semicolon; and 

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

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

5 for hair testing to detect the use of a controlled 

6 substance;’’. 

7 SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS. 

8 (a) IN GENERAL.—Any motor carrier that dem9 onstrates, to the satisfaction of the Administrator of the 

10 Federal Motor Carrier Safety Administration, that it can 

11 carry out an applicable hair testing program, consistent 

12 with generally accepted industry standards, to detect the 

13 use of a controlled substance by commercial motor vehicle 

14 operators, may apply to the Administrator for an exemp15 tion from the mandatory urinalysis testing requirements set 

16 forth in subpart C of part 382 of title 49, Code of Federal 

17 Regulations until a final rule is issued implementing the 

18 amendments made by section 2. 

19 (b) EVALUATION OF APPLICATIONS.— 

20 (1) IN GENERAL.—In evaluating an application 

21 for an exemption under subsection (a), the Adminis22 trator shall determine if the applicant’s testing pro23 gram employs procedures and protections similar to 

24 fleets that have carried out hair testing programs for 

25 at least 1 year. 


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1 (2) REQUIREMENTS.—A testing program may 

2 not receive an exemption under subsection (a) unless 

3 the applicable testing laboratories— 

4 (A) have obtained laboratory accreditation 

5 specific to hair testing from an accrediting body, 

6 compliant with international or other Federal 

7 standards as appropriate, such as the College of 

8 American Pathologists; and 

9 (B) utilize hair testing assays that have 

10 been cleared by the Food and Drug Administra11 tion under section 510(k) of the Federal Food, 

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

13 (c) REPORTING REQUIREMENT.—Any motor carrier 

14 that is granted an exemption under subsection (a) shall sub15 mit records to the national clearinghouse established under 

16 section 31306a of title 49, United States Code, relating to 

17 all positive test results and test refusals from the hair test18 ing program described in that subsection. 

19 SEC. 4. GUIDELINES FOR HAIR TESTING. 

20 Not later than 1 year after the date of the enactment 

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

22 shall issue scientific and technical guidelines for hair test23 ing as a method of detecting the use of a controlled sub24 stance for purposes of section 31306 of title 49, United 

25 States Code, as amended by section 2. When issuing the sciVerDate Sep 11 2014 21:18 Mar 28, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S806.RS S806

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1 entific and technical guidelines, the Secretary may consider 

2 differentiating between exposure to and usage of various 

3 controlled substances. 

4 SEC. 5. ANNUAL REPORT TO CONGRESS. 

5 The Secretary of Transportation shall submit an an6 nual report to Congress that— 

7 (1) summarizes the results of preemployment and 

8 random drug testing using both hair testing and uri9 nalysis; 

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

11 (3) determines which method provides the most 

12 accurate means of detecting the use of controlled sub13 stances over time. 


sradovich on DSK3TPTVN1PROD with BILLS
Calendar No. 404 

114TH CONGRESS 

2D SESSION S. 806 

[Report No. 114–232] 

A BILL 

To amend section 31306 of title 49, United States 

drivers and for other purposes. substances testing of commercial motor vehicle men for preemployment and random controlled Code, to recognize hair as an alternative speciMARCH 28, 2016 

Reported with an amendment 


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