II 

114TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2015 

Mr. BOOZMAN (for himself, Mr. MANCHIN, and Ms. HEITKAMP) 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 2015’’. 


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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; and 

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 by individuals 


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1 who were subject to preemployment screening.’’; 

2 and 

3 (2) in subsection (c)(2)— 

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

5 ‘‘and’’ at the end; 

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

7 ‘‘and’’ after the semicolon; and 

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

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

10 for hair testing to detect the use of a controlled 

11 substance;’’. 

12 SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS. 

13 (a) IN GENERAL.—Any motor carrier that dem14 onstrates, to the satisfaction of the Administrator of the 

15 Federal Motor Carrier Safety Administration, that it can 

16 carry out an applicable hair testing program, consistent 

17 with generally accepted industry standards, to detect the 

18 use of a controlled substance by commercial motor vehicle 

19 operators, may apply to the Administrator for an exemp20 tion from the mandatory urinalysis testing requirements 

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

22 Federal Regulations until a final rule is issued imple23 menting the amendments made by section 2. 

24 (b) EVALUATION OF APPLICATIONS.—In evaluating 

25 applications for exemptions under subsection (a), the AdVerDate Sep 11 2014 04:11 Mar 26, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S806.IS S806

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1 ministrator shall determine if the applicant’s testing pro2 gram employs procedures and protections similar to fleets 

3 that have carried out hair testing programs for at least 

4 1 year. A testing program may not receive an exemption 

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

6 (1) whose hair testing assays have been cleared 

7 by the Food and Drug Administration under section 

8 510(k) of the Federal Food, Drug and Cosmetic Act 

9 (21 U.S.C. 360(k)); and 

10 (2) has obtained laboratory accreditation for 

11 hair testing from the College of American Patholo12 gists. 

13 (c) REPORTING REQUIREMENT.—Any motor carrier 

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

15 submit records to the national clearinghouse established 

16 under section 31306a of title 49, United States Code, re17 lating to all positive test results and test refusals from 

18 the hair testing 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. 


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1 SEC. 5. ANNUAL REPORT TO CONGRESS. 

2 The Secretary of Transportation shall submit an an3 nual report to Congress that— 

4 (1) summarizes the results of preemployment 

5 and random drug testing using both hair testing and 

6 urinalysis; 

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

8 (3) determines which method provides the most 

9 accurate means of detecting the use of controlled 

10 substances over time. 

Æ 


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