I 
112TH CONGRESS 
2D SESSION 
H. R. 6641 
To authorize the Secretary of Transportation to establish a pilot program 
to study the benefits of using hair specimens for preemployment con-
trolled substances tests of commercial motor vehicle operators, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2012 
Mr. RIBBLE (for himself and Mr. FLEISCHMANN) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To authorize the Secretary of Transportation to establish 
a pilot program to study the benefits of using hair speci-
mens for preemployment controlled substances tests of 
commercial motor vehicle operators, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. USE OF HAIR SPECIMENS FOR PREEMPLOY-
MENT CONTROLLED SUBSTANCES TESTS OF 
COMMERCIAL MOTOR VEHICLE OPERATORS. 
(a) PILOT PROGRAM.—The Secretary of Transpor-
tation shall carry out a pilot program to study the benefits 
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of using hair specimens to conduct preemployment con-
trolled substances tests of commercial motor vehicle opera-
tors under section 31306 of title 49, United States Code. 
(b) DEADLINES; PROGRAM TERM.—The Secretary 
shall— 
(1) develop the pilot program not later than 1 
year after the date of enactment of this Act; 
(2) begin implementation of the pilot program 
not later than 18 months after the date of enact-
ment of this Act; and 
(3) continue implementation of the pilot pro-
gram for a period of 1 year. 
(c) DEVELOPMENT
OF GUIDELINES, PROTOCOLS, 
AND STANDARDS.—Notwithstanding any other provision 
of law, the Secretary, in consultation with the heads of 
such other agencies as the Secretary determines appro-
priate, shall develop guidelines, protocols, and standards 
for hair specimen collection and testing under the pilot 
program. 
(d) PARTICIPATION BY MOTOR CARRIERS.—The Sec-
retary shall solicit motor carriers to participate in the pilot 
program. Such participation shall be subject to the fol-
lowing terms and conditions: 
(1) All motor carriers participating in the pilot 
program must continue to follow current Depart-
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ment of Transportation controlled substances testing 
procedures, in addition to testing hair specimens 
under the pilot program. 
(2) The Secretary shall require all motor car-
riers participating in the pilot program to implement 
adequate safeguards to ensure that hair specimen 
collection and testing is performed in a manner that 
protects an individual’s right of privacy. 
(3) The Secretary shall ensure that no indi-
vidual is harassed by being treated differently from 
other individuals under the pilot program. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 33 months 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a comprehensive re-
port on the results of the pilot program, including 
information identifying the potential benefits and 
costs of testing hair specimens for the purpose of de-
tecting and deterring controlled substances use. 
(2) REQUIRED FINDINGS.—At a minimum, the 
report shall include findings relating to the fol-
lowing: 
(A) Whether hair specimen testing is more 
effective than urine specimen testing in identi-
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fying individuals who have engaged in illegal 
controlled substances use. 
(B) Whether hair specimen testing is more 
effective than urine specimen testing in deter-
ring illegal controlled substances use that com-
promises highway safety. 
(C) Whether hair specimen testing is less 
prone than urine specimen testing to sample 
substitution and other methods of subversion. 
(D) The positive test rates of participating 
carriers on both urine specimen and hair speci-
men tests conducted for preemployment and, if 
applicable, reasonable suspicion, random, or 
post-accident testing. 
(E) Data gathered and analysis conducted 
to address concerns related to potential dis-
parate treatment of individuals or groups. 
(f) USE OF NATIONAL CLEARINGHOUSE.—Records 
relating to tests conducted under the pilot program shall 
be deposited in the national clearinghouse established 
under section 31306a of title 49, United States Code. 
(g) COMMERCIAL MOTOR VEHICLE DEFINED.—In 
this section, the term ‘‘commercial motor vehicle’’ has the 
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meaning given that term under section 31301 of title 49, 
United States Code. 
Æ 
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