Sec. 5402. DRUG-FREE COMMERCIAL DRIVERS
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## SEC. 5402 DRUG-FREE COMMERCIAL DRIVERS ###
(a)In general Section 31306 of title 49, United States Code, is amended— ####
(1)in subsection (b)(1)— #####
(A)by redesignating subparagraph
(B)as subparagraph (C); #####
(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 #####
(C)by inserting after subparagraph
(A)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 urine testing— > > > ###### “(I) > > in conducting preemployment testing for the use of a controlled substance; and > > > ###### “(II) > > in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.” > ; ####
(2)in subsection (b)(2)— #####
(A)in subparagraph
(A)by striking “and” at the end; #####
(B)in subparagraph
(B)by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(C) > > shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair.” > ; and ####
(3)in subsection (c)(2)— #####
(A)in the matter preceding subparagraph
(A)by inserting “for urine testing, and technical guidelines for hair testing,” before “including mandatory guidelines”; #####
(B)in subparagraph
(B)by striking “and” at the end; #####
(C)in subparagraph
(C)by inserting “and” after the semicolon; and #####
(D)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;” > . ###
(b)Guidelines **[**[49 U.S.C. 31306 note](/us/usc/t49/s31306)**]** 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.
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Sec. 5402
DRUG-FREE COMMERCIAL DRIVERS
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