Drug Free Commercial Driver Act of 2013

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. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2013 2. Hair testing as method of detecting use of controlled substances (a) In general Section 31306 (1) by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Inclusion of hair testing as a method of testing for controlled substances (1) In general The Secretary of Transportation shall modify regulations issued under subsection (b) to allow a motor carrier to use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle. (2) Limitations on use of hair testing (A) Preemployment and random testing Regulations issued under paragraph (1) shall limit the use of hair testing as a method of detecting the use of a controlled substance to— (i) preemployment testing; and (ii) subject to subparagraph (B), random testing. (B) Limitation on use for random testing A motor carrier may not use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for random testing unless the motor carrier tested such operator at preemployment using the same method. (3) Applicability of general testing guidelines A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to— (A) privacy and other testing and laboratory requirements under subsection (c); and (B) clearinghouse requirements under section 1306a. . (b) Effective date The regulations required by section 31306 3. Guidelines for hair testing Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 4. Exemption during rulemaking process (a) In general The Secretary of Transportation shall develop procedures to allow a motor carrier to apply for an exemption under section 31306 (b) Limitations on exemption A motor carrier shall be eligible to apply for an exemption under paragraph (1) only if— (1) the motor carrier demonstrates to the Secretary that the carrier has used hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for at least 1 year before the date of enactment of this Act; and (2) the motor carrier uses a hair testing laboratory that— (A) has obtained laboratory accreditation from the College of American Pathologists; and (B) uses a testing method that has been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (c) Applicability of general testing guidelines A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to— (1) privacy and other testing and laboratory requirements under subsection (c); and (2) clearinghouse requirements under section 1306a of such title. 5. Report Not later than 1 year after the date of implementation of the regulations issued under section 31306(d) 6. Definitions In this Act, the following definitions apply: (1) Commercial motor vehicle The term commercial motor vehicle section 31301 (2) Controlled substance The term controlled substance 21 U.S.C. 802 (3) Motor carrier The term motor carrier section 13102

Summary: Drug Free Commercial Driver Act of 2013 - Directs the Secretary of Transportation (DOT) to modify regulations that require motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol. Allows a motor carrier to use hair testing as a method for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (but the latter only if the motor carrier tested the operator at preemployment using the same method). Directs the Secretary of Health and Human Services (HHS) to issue scientific and technical guidelines for hair testing of operators for use of controlled substances. Directs the Secretary to develop procedures to allow a motor carrier during the rulemaking process to apply for an exemption from current requirements to allow use of hair testing of operators for controlled substances instead of other methods of preemployment and random testing.