,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cdjc  ,,in ,,the ,,house ,,of  
,,representatives  ,october #cj1 #bjac  
,mr4 ,crawford 7for himself1 ,mr4       
,ribble1 ,mr4 ,griffin of ,arkansas1    
,mr4 ,womack1 and ,mr4 ,cotton7         
introduced the following bill2 which was
 referred to the ,committee on          
,transportation and ,infrastructure  ,a 
,,bill  ,to amend title #di1 ,united    
,states ,code1 to allow motor carriers  
to use hair testing as a method of      
detecting the use of controlled         
substances by operators of commercial   
motor vehicles1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,drug ,free ,commercial ,driver 
,act of #bjac4  #b4 ,hair testing as    
method of detecting use of controlled   
substances  7a7 ,in general ,section    
#cacjf of title #di1 ,united ,states    
,code1 is amended--  7#a7 by            
redesignating subsections 7d7 through   
7j7 as subsections 7e7 through 7k71     
respectively2 and  7#b7 by inserting    

after subsection 7c7 the following new  
subsection3  7d7 ,inclusion of hair     
testing as a method of testing for      
controlled substances  7#a7 ,in general 
,the ,secretary of ,transportation shall
 modify regulations issued under        
subsection 7b7 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 vehicle4  7#b7 ,limitations on   
use of hair testing  7,a7 ,preemployment
 and random testing ,regulations issued 
under paragraph 7#a7 shall limit the use
 of hair testing as a method of         
detecting the use of a controlled       
substance to--  7i7 preemployment       
testing2 and  7ii7 subject to           
subparagraph 7,b71 random testing4  7,b7
 ,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 method4    
7#c7 ,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--  7,a7 privacy and 
other testing and laboratory            
requirements under subsection 7c72 and  
7,b7 clearinghouse requirements under   
section #acjf;a4  4  7b7 ,effective date
 ,the regulations required by section   
#cacjf of title #di1 ,united ,states    
,code1 as added by subsection 7a71 shall
 be issued not later than #a year after 
the date of enactment of this ,act4  #c4
 ,guidelines for hair testing ,not later
 than #a year after the date of         
enactment of this ,act1 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 #cacjf

 of title #di1 ,united ,states ,code1 as
 amended by this ,act4  #d4 ,exemption  
during rulemaking process  7a7 ,in      
general ,the ,secretary of              
,transportation shall develop procedures
 to allow a motor carrier to apply for  
an exemption under section #cacjf of    
title #di1 ,united ,states ,code1 to use
 hair testing as a method of detecting  
the use of a controlled substance by an 
operator of a commercial motor vehicle  
instead of other methods of             
preemployment and random testing4 ,the  
procedures shall remain in effect until 
the procedures required under the       
amendment made by section #b have been  
implemented4  7b7 ,limitations on       
exemption ,a motor carrier shall be     
eligible to apply for an exemption under
 paragraph 7#a7 only if--  7#a7 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 #a year before the date of 
enactment of this ,act2 and  7#b7 the   
motor carrier uses a hair testing       
laboratory that--  7,a7 has obtained    
laboratory accreditation from the       
,college of ,american ,pathologists2 and
  7,b7 uses a testing method that has   
been cleared by the ,food and ,drug     
,administration under section #eaj7k7 of
 the ,federal ,food1 ,drug1 and         
,cosmetic ,act 7#ba ,u4,s4,c4 #cfj7k774 
7c7 ,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--  7#a7 privacy and 
other testing and laboratory            
requirements under subsection 7c72 and  
7#b7 clearinghouse requirements under   
section #acjf;a of such title4  #e4     
,report ,not later than #a year after   
the date of implementation of the       
regulations issued under section        
#cacjf7;d7 of title #di1 ,united ,states

 ,code 7as amended by this ,act71 and   
annually thereafter1 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 substances4  #f4 ,definitions
 ,in this ,act1 the following           
definitions apply3  7#a7 ,commercial    
motor vehicle ,the term commercial motor
 vehicle has the meaning given the term 
in section #cacja of title #di1 ,united 
,states ,code4  7#b7 ,controlled        
substance ,the term controlled substance
 means any substance under section #ajb 
of the ,comprehensive ,drug ,abuse      
,prevention and ,control ,act of #aigj  
7#ba ,u4,s4,c4 #hjb7 specified by the   
,secretary of ,transportation4  7#c7    
,motor carrier ,the term motor carrier  
has the meaning given the term in       
section #acajb of title #di1 ,united    
,states ,code4