I 
113TH CONGRESS 
1ST SESSION H. R. 3403 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2013 
Mr. CRAWFORD (for himself, Mr. RIBBLE, Mr. GRIFFIN of Arkansas, Mr. 
WOMACK, and Mr. COTTON) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to allow motor car-
riers to use hair testing as a method of detecting the 
use of controlled substances by operators of commercial 
motor vehicles, and for other purposes. 
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 2013’’. 
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SEC. 2. HAIR TESTING AS METHOD OF DETECTING USE OF 
CONTROLLED SUBSTANCES. 
(a) IN GENERAL.—Section 31306 of title 49, United 
States Code, is amended— 
(1) by redesignating subsections (d) through (j) 
as subsections (e) through (k), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) INCLUSION OF HAIR TESTING AS A METHOD OF 
TESTING FOR CONTROLLED SUBSTANCES.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall modify regulations issued under sub-
section (b) to allow a motor carrier to use hair test-
ing as a method of detecting the use of a controlled 
substance by an operator of a commercial motor ve-
hicle. 
‘‘(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 meth-
od of detecting the use of a controlled substance 
to— 
‘‘(i) preemployment testing; and 
‘‘(ii) subject to subparagraph (B), 
random testing. 
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‘‘(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 com-
mercial motor vehicle for random testing unless 
the motor carrier tested such operator at pre-
employment 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 sub-
stance by an operator of a commercial motor vehicle 
shall be subject to— 
‘‘(A) privacy and other testing and labora-
tory requirements under subsection (c); and 
‘‘(B) clearinghouse requirements under 
section 1306a.’’. 
(b) EFFECTIVE DATE.—The regulations required by 
section 31306 of title 49, United States Code, as added 
by subsection (a), shall be issued not later than 1 year 
after the date of enactment of this Act. 
SEC. 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 test-
ing as a method of detecting the use of a controlled sub-
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stance for purposes of section 31306 of title 49, United 
States Code, as amended by this Act. 
SEC. 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 of title 49, United 
States Code, to use hair testing as a method of detecting 
the use of a controlled substance by an operator of a com-
mercial motor vehicle instead of other methods of pre-
employment and random testing. The procedures shall re-
main in effect until the procedures required under the 
amendment made by section 2 have been implemented. 
(b) LIMITATIONS ON EXEMPTION.—A motor carrier 
shall be eligible to apply for an exemption under para-
graph (1) only if— 
(1) the motor carrier demonstrates to the Sec-
retary that the carrier has used hair testing as a 
method of detecting the use of a controlled sub-
stance 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 labora-
tory that— 
(A) has obtained laboratory accreditation 
from the College of American Pathologists; and 
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(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 GUIDE-
LINES.—A motor carrier using hair testing as a method 
of detecting the use of a controlled substance by an oper-
ator of a commercial motor vehicle shall be subject to— 
(1) privacy and other testing and laboratory re-
quirements under subsection (c); and 
(2) clearinghouse requirements under section 
1306a of such title. 
SEC. 5. REPORT. 
Not later than 1 year after the date of implementa-
tion of the regulations issued under section 31306(d) of 
title 49, United States Code (as amended by this Act), 
and annually thereafter, the Secretary shall submit to 
Congress a report containing an analysis of the efficacy 
of hair testing and urinalysis as methods of detecting the 
use of controlled substances. 
SEC. 6. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
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the term in section 31301 of title 49, United States 
Code. 
(2) 
CONTROLLED
SUBSTANCE.—The 
term 
‘‘controlled substance’’ means any substance under 
section 102 of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 (21 U.S.C. 802) 
specified by the Secretary of Transportation. 
(3) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ has the meaning given the term in section 
13102 of title 49, United States Code. 
Æ 
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