DRUG-FREE COMMERCIAL DRIVERS.

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) [49 U.S.C. 31306 note] Guidelines.—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.