Section 1 Short title
This Act may be cited as the “Drug Free Commercial Driver Act of 2013”.
Drug Free Commercial Driver Act of 2013
A BILL
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.
Sec. 2 Hair testing as method of detecting use of controlled substances
by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and
by inserting after subsection (c) the following new subsection:
“(d) Inclusion of hair testing as a method of testing for controlled substances
“(1) In general—The Secretary of Transportation shall modify regulations issued under subsection (b) 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 vehicle.
“(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 method of detecting the use of a controlled substance to—
“(i) preemployment testing; and
“(ii) subject to subparagraph (B), random testing.
“(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 commercial motor vehicle for random testing unless the motor carrier tested such operator at preemployment 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 substance by an operator of a commercial motor vehicle shall be subject to—
“(A) privacy and other testing and laboratory requirements under subsection (c); and
“(B) clearinghouse requirements under section 1306a.”
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 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 this Act.
Sec. 4 Exemption during rulemaking process
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 commercial motor vehicle instead of other methods of preemployment and random testing. The procedures shall remain in effect until the procedures required under the amendment made by section 2 have been implemented.
Limitations on exemption— A motor carrier shall be eligible to apply for an exemption under paragraph (1) only if—
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 1 year before the date of enactment of this Act; and
the motor carrier uses a hair testing laboratory that—
has obtained laboratory accreditation from the College of American Pathologists; and
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)).
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—
privacy and other testing and laboratory requirements under subsection (c); and
clearinghouse requirements under section 1306a of such title.
Sec. 5 Report
Not later than 1 year after the date of implementation 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:
Commercial motor vehicle— The term “commercial motor vehicle” has the meaning given the term in section 31301 of title 49, United States Code.
Controlled substance— The term “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation.
Motor carrier— The term “motor carrier” has the meaning given the term in section 13102 of title 49, United States Code.