Drug Free Commercial Driver Act of 2015

Bill: 114-s-806
Sponsor: full_name: Sen. Boozman, John [R-AR]
Introduced: 2015-03-19
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Congressional oversight

Department of Transportation

Drug safety, medical device, and laboratory regulation

Drug, alcohol, tobacco use

Employee hiring

Motor carriers

Personnel records

Transportation employees

Transportation safety and security
Latest action: action_date: 2016-03-28
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 404.

Summaries:
action_date: 2015-03-19
action_desc: Introduced in Senate
text: <p><b>Drug Free Commercial Driver Act of 2015 </b></p> <p> Revises 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. </p> <p>Allows motor carriers to use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals, but only for preemployment testing and random testing. </p> <p>Requires the Secretary of Transportation to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such substances.</p> <p>Allows a motor carrier that demonstrates it can carry out a hair testing program consistent with generally accepted industry standards to apply to the Administrator of the Federal Motor Carrier Safety Administration for exemption from mandatory urinalysis testing. Requires the Administrator, in evaluating an application for such exemption, to determine if the applicant's testing program employs procedures and protections similar to those of fleets that have carried out hair testing programs for at least one year.</p> <p>Directs the Secretary of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.</p>

action_date: 2016-03-28
action_desc: Reported to Senate with amendment(s)
text: <p><b>Drug Free Commercial Driver Act of 2015 </b></p> <p> (Sec. 2) This bill revises 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. </p> <p>Motor carriers may use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals, but only for preemployment testing and random testing. </p> <p>The Department of Transportation shall develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such substances.</p> <p>(Sec. 3) A motor carrier that demonstrates it can carry out a hair testing program consistent with generally accepted industry standards may apply to the Federal Motor Carrier Safety Administration (FMCSA) for exemption from mandatory urinalysis testing. Requires the FMCSA, in evaluating an application for this exemption, to determine if the applicant's testing program employs procedures and protections similar to those of fleets that have carried out hair testing programs for at least one year.</p> <p> A testing program may not receive an exemption unless the testing laboratories: <ul> <li>have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other federal standards, such as the College of American Pathologists; and</li> <li>utilize hair testing assays that have been cleared by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.</li> </ul> <p>Any motor carrier granted an exemption must submit records of all positive hair test results and test refusals to the national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.</p> <p>(Sec. 4) The Department of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.</p>

tv_txt: II 114th CONGRESS 1st Session S. 806 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. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2015 . 2. Authorization of hair testing as an acceptable 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); and (B) in subparagraph (A), by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. and inserting 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; and (ii) to use hair testing as an acceptable alternative to urinalysis— (I) in conducting preemployment screening for the use of a controlled substance; and (II) in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening. ; and (2) in subsection (c)(2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by inserting 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; . 3. Exemption from mandatory urinalysis (a) In general Any motor carrier that demonstrates, 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 exemption 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 implementing the amendments made by section 2. (b) Evaluation of applications In evaluating applications for exemptions under subsection (a), the Administrator shall determine if the applicant’s testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least 1 year. A testing program may not receive an exemption under subsection (a) unless it uses a laboratory— (1) whose hair testing assays have 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) ); and (2) has obtained laboratory accreditation for hair testing from the College of American Pathologists. (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, relating to all positive test results and test refusals from the hair testing program described in that subsection. 4. Guidelines for hair testing Not later than 1 year after the date of the 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 of title 49, United States Code, as amended by section 2. 5. Annual report to Congress The Secretary of Transportation shall submit an annual 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.

tv_txt: II Calendar No. 404 114th CONGRESS 2d Session S. 806 [Report No. 114–232] IN THE SENATE OF THE UNITED STATES March 19, 2015 Mr. Boozman (for himself, Mr. Manchin , Ms. Heitkamp , Mrs. Fischer , Ms. Baldwin , Mr. Moran , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation March 28, 2016 Reported, under authority of the order of the Senate of March 17, 2016, by Mr. Thune , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2015 . 2. Authorization of hair testing as an acceptable 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); and (B) in subparagraph (A), by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. and inserting 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; and (ii) to use hair testing as an acceptable alternative to urinalysis— (I) in conducting preemployment screening for the use of a controlled substance; and (II) in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening. ; and (2) in subsection (c)(2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by inserting 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; . 3. Exemption from mandatory urinalysis (a) In general Any motor carrier that demonstrates, 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 exemption 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 implementing the amendments made by section 2. (b) Evaluation of applications In evaluating applications for exemptions under subsection (a), the Administrator shall determine if the applicant’s testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least 1 year. A testing program may not receive an exemption under subsection (a) unless it uses a laboratory— (1) whose hair testing assays have 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) ); and (2) has obtained laboratory accreditation for hair testing from the College of American Pathologists. (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, relating to all positive test results and test refusals from the hair testing program described in that subsection. 4. Guidelines for hair testing Not later than 1 year after the date of the 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 of title 49, United States Code, as amended by section 2. 5. Annual report to Congress The Secretary of Transportation shall submit an annual 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.

1. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2015 . 2. Authorization of hair testing as an acceptable 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); and (B) in subparagraph (A), by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. and inserting 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; and (ii) to use hair testing as an acceptable alternative to urinalysis— (I) in conducting preemployment screening for the use of a controlled substance; and (II) in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening. ; and (2) in subsection (c)(2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by inserting 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; . 3. Exemption from mandatory urinalysis (a) In general Any motor carrier that demonstrates, 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 exemption 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 implementing the amendments made by section 2. (b) Evaluation of applications (1) In general In evaluating an application for an exemption under subsection (a), the Administrator shall determine if the applicant’s testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least 1 year. (2) Requirements A testing program may not receive an exemption under subsection (a) unless the applicable testing laboratories— (A) have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other Federal standards as appropriate, such as the College of American Pathologists; and (B) utilize hair testing assays that have 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) 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, relating to all positive test results and test refusals from the hair testing program described in that subsection. 4. Guidelines for hair testing Not later than 1 year after the date of the 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 of title 49, United States Code, as amended by section 2. When issuing the scientific and technical guidelines, the Secretary may consider differentiating between exposure to and usage of various controlled substances. 5. Annual report to Congress The Secretary of Transportation shall submit an annual 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.

March 28, 2016 Reported with an amendment