,,ii  #aadth ,,congress  #ast ,session  
,s4 #hjf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ai1         
#bjae,mr4 ,boozman 7for himself1 ,mr4   
,manchin1 and ,ms4 ,heitkamp7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend section #cacjf of
 title #di1 ,united ,states ,code1 to   
recognize hair as an alternative        
specimen for preemployment and random   
controlled substances testing of        
commercial motor vehicle drivers and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,drug ,free   
,commercial ,driver ,act of #bjae4  #b4 
,authorization of hair testing as an    
acceptable procedure for preemployment  
and random controlled substance tests   
,section #cacjf of title #di1 ,united   
,states ,code1 is amended--  7#a7 in    
subsection 7b77#a7--  7,a7 by           
redesignating subparagraph 7,b7 as      
subparagraph 7,c72 and  7,b7 in         

subparagraph 7,a71 by striking ,the     
regulations shall permit such motor     
carriers to conduct preemployment       
testing of such employees for the use of
 alcohol4 and inserting the following3  
7,b7 ,the regulations prescribed under  
subparagraph 7,a7 shall permit motor    
carriers--  7i7 to conduct preemployment
 testing of commercial motor vehicle    
operators for the use of alcohol2 and   
7ii7 to use hair testing as an          
acceptable alternative to urinalysis--  
7,i7 in conducting preemployment        
screening for the use of a controlled   
substance2 and  7,,ii7 in conducting    
random screening for the use of a       
controlled substance by individuals who 
were subject to preemployment screening4
  2 and  7#b7 in subsection 7c77#b7--   
7,a7 in subparagraph 7,b71 by striking  
and at the end2  7,b7 in subparagraph   
7,c71 by inserting and after the        
semicolon2 and  7,c7 by adding at the   
end the following3  7,d7 laboratory     
protocols and cut-off levels for hair   

testing to detect the use of a          
controlled substance2  4  #c4 ,exemption
 from mandatory urinalysis  7a7 ,in     
general ,any motor carrier that         
demonstrates1 to the satisfaction of the
 ,administrator of the ,federal ,motor  
,carrier ,safety ,administration1 that  
it can carry out an applicable hair     
testing program1 consistent with        
generally accepted industry standards1  
to detect the use of a controlled       
substance by commercial motor vehicle   
operators1 may apply to the             
,administrator for an exemption from the
 mandatory urinalysis testing           
requirements set forth in subpart ,c of 
part #chb of title #di1 ,code of        
,federal ,regulations until a final rule
 is issued implementing the amendments  
made by section #b4  7b7 ,evaluation of 
applications ,in evaluating applications
 for exemptions under subsection 7a71   
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 #a year4  
,a testing program may not receive an   
exemption under subsection 7a7 unless it
 uses a laboratory--  7#a7 whose hair   
testing assays have been cleared by the 
,food and ,drug ,administration under   
section #eaj7k7 of the ,federal ,food1  
,drug and ,cosmetic ,act 7#ba ,u4,s4,c4 
#cfj7k772 and  7#b7 has obtained        
laboratory accreditation for hair       
testing from the ,college of ,american  
,pathologists4  7c7 ,reporting          
requirement ,any motor carrier that is  
granted an exemption under subsection   
7a7 shall submit records to the national
 clearinghouse established under section
 #cacjf;a of title #di1 ,united ,states 
,code1 relating to all positive test    
results and test refusals from the hair 
testing program described in that       
subsection4  #d4 ,guidelines for hair   
testing ,not later than #a year after   
the date of the 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 section #b4
  #e4 ,annual report to ,congress ,the  
,secretary of ,transportation shall     
submit an annual report to ,congress    
that--  7#a7 summarizes the results of  
preemployment and random drug testing   
using both hair testing and urinalysis2 
7#b7 evaluates the efficacy of each     
method2 and  7#c7 determines which      
method provides the most accurate means 
of detecting the use of controlled      
substances over time4