I 
114TH CONGRESS 
1ST SESSION H. R. 1467 
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 HOUSE OF REPRESENTATIVES 
MARCH 19, 2015 
Mr. CRAWFORD (for himself, Mr. DUFFY, Mr. RIBBLE, Mr. HILL, Mr. 
WOMACK, Mr. WESTERMAN, Ms. NORTON, and Mr. LIPINSKI) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend section 31306 of title 49, United States Code, 
to recognize hair as an alternative specimen for pre-
employment and random controlled substances testing 
of commercial motor vehicle drivers, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Drug Free Commercial 
Driver Act of 2015’’. 
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SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPT-
ABLE PROCEDURE FOR PREEMPLOYMENT 
AND 
RANDOM 
CONTROLLED 
SUBSTANCE 
TESTS. 
Section 31306 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(1)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); 
(B) in subparagraph (A), by striking ‘‘The 
regulations shall permit such motor carriers to 
conduct preemployment testing of such employ-
ees for the use of alcohol.’’; and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) The regulations prescribed under 
subparagraph (A) shall permit motor carriers— 
‘‘(i) to conduct preemployment testing 
of commercial motor vehicle operators for 
the use of alcohol; 
‘‘(ii) to use hair testing as an accept-
able alternative to urinalysis— 
‘‘(I) in conducting preemploy-
ment screening for the use of a con-
trolled substance; and 
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‘‘(II) 
in 
conducting 
random 
screening for the use of a controlled 
substance for operators who were sub-
ject to hair testing for preemployment 
screening.’’; and 
(2) in subsection (c)(2)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by adding ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(D) laboratory protocols and cut-off levels 
for hair testing to detect the use of a controlled 
substance;’’. 
SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS. 
(a) IN GENERAL.—Any motor carrier that dem-
onstrates, to the satisfaction of the Administrator of the 
Federal Motor Carrier Safety Administration, that it can 
carry out an applicable hair testing program, consistent 
with generally accepted industry standards, to detect the 
use of a controlled substance by commercial motor vehicle 
operators, may apply to the Administrator for an exemp-
tion from the mandatory urinalysis testing requirements 
set forth in subpart C of part 382 of title 49, Code of 
Federal Regulations, until a final rule is issued imple-
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menting the requirements contained in the amendments 
made by section 2. 
(b) TESTING REQUIREMENTS.—To be eligible for an 
exemption under subsection (a), the motor carrier’s test-
ing program shall employ procedures and protections simi-
lar to a fleet that has carried out hair testing program 
for at least 12 months. The motor carrier’s program shall 
use a laboratory— 
(1) for which hair testing assays have been 
cleared by the Food and Drug Administration under 
section 510(k) of the Federal Food, Drug and Cos-
metic Act (21 U.S.C. 360(k)); and 
(2) that has obtained laboratory accreditation 
for hair testing from the College of American Pa-
thologists. 
(c) REPORTING REQUIREMENT.—Any motor carrier 
that is granted an exemption under subsection (a) shall 
submit records to the national clearinghouse established 
under section 31306a of title 49, United States Code, re-
lating to all positive test results and test refusals from 
the hair testing program described in subsection (a). 
SEC. 4. 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 test-
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ing as a method of detecting the use of a controlled sub-
stance for purposes of section 31306 of title 49, United 
States Code, as amended by this Act. 
SEC. 5. ANNUAL REPORT TO CONGRESS. 
The Secretary of Transportation shall submit an an-
nual report to Congress that— 
(1) summarizes the results of preemployment 
and random drug testing using both hair testing and 
urinalysis; 
(2) evaluates the efficacy of each method; and 
(3) determines which method provides the most 
accurate means of detecting the use of controlled 
substances over time. 
Æ 
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