Drug and Alcohol Clearinghouse Public Safety Improvement Act of 2025
- Sponsor
- Rep. Crawford, Eric A. "Rick" [R-AR-1]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Jul 11, 2025
Bottom line
This bill expands federal drug testing oversight for commercial drivers by requiring positive hair drug test results to be reported to a national clearinghouse, aiming to enhance public safety by improving the detection of drug use among motor carrier operators.
What it actually does
This bill amends Title 49, United States Code, to require motor carriers operating vehicles weighing at least 10,000 pounds to submit positive hair drug test results from pre-employment and random drug tests to the Federal Motor Carrier Safety Administration's (FMCSA) Drug and Alcohol Clearinghouse. It specifies that these tests must be conducted by accredited laboratories using FDA-cleared devices and mandates the Secretary of Transportation to issue regulations to implement these changes, including updating the definition of 'actual knowledge' to include these test results.
Proponents argue
Supporters argue that this bill significantly enhances public safety by closing a critical loophole, as hair drug tests can detect drug use over a longer period than traditional urine tests. By mandating the reporting of positive hair test results to the Drug and Alcohol Clearinghouse, the bill ensures that drivers who fail such tests cannot easily move to another carrier without their drug history being known, thereby preventing drug-impaired individuals from operating commercial motor vehicles.
Opponents contend
Opponents might raise concerns about the potential for increased regulatory burden and compliance costs for motor carriers, particularly smaller businesses, who would need to adapt their testing protocols and administrative processes. They may also question the scientific nuances of hair testing, such as potential for false positives or issues related to passive exposure, and argue for a more cautious approach before mandating its widespread inclusion in federal reporting.
The bill is exceptionally short and its provisions are straightforward, allowing any informed reader to understand its core purpose and mechanisms quickly.
Section 2(a), amending Section 31306a of title 49, United States Code, by adding subsection (n).
Mandatory Submission of Positive Hair Drug Test Results to Clearinghouse
This provision requires motor carriers using vehicles weighing 10,000 pounds or more to promptly submit any positive hair drug test results from pre-employment or random drug tests to the Federal Motor Carrier Safety Administration's (FMCSA) Drug and Alcohol Clearinghouse. The tests must be administered using a 'covered device' and processed by laboratories meeting specific accreditation standards.
Supporters argue
Supporters argue this closes a significant loophole, as hair tests are often used by carriers but their positive results are not currently reported to the federal clearinghouse. This ensures a more complete picture of a driver's drug history, preventing those who fail hair tests from simply moving to another carrier without accountability.
Critics contend
Critics might argue that mandating hair tests adds an unnecessary cost burden to motor carriers, especially smaller businesses, without a proportional increase in safety, or that the scientific reliability of hair testing for all substances and populations needs further review before federal mandates.
Tradeoffs
The bill balances the desire for increased public safety through more comprehensive drug screening against potential concerns regarding increased regulatory burden, compliance costs for motor carriers, and the scientific nuances of hair testing.
Section 2(a), amending Section 31306a of title 49, United States Code, subsection (n)(2) and (n)(3).
Standards for Hair Drug Testing and Device Definition
This provision sets standards for the hair drug tests, requiring them to be processed by laboratories accredited by the College of American Pathologists for forensic hair drug testing. These laboratories must also incorporate Department of Health and Human Services (HHS) scientific and technical guidelines for hair testing, if available. The bill defines a 'covered device' for testing as one cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act.
Section 2(b)
Mandate for Regulatory Updates and Definition of 'Actual Knowledge'
This section directs the Secretary of Transportation to issue necessary regulations within one year of the Act's enactment to carry out the new hair drug testing requirements. Crucially, these regulations must update section 382.107 of title 49, Code of Federal Regulations, to include positive hair drug test results in the definition of 'actual knowledge' regarding a driver's drug use.
The Secretary of Transportation is required to update section 382.107 of title 49, Code of Federal Regulations, to include hair drug test results in the definition of 'actual knowledge.'
Section 2(b)
Why it matters:This is standard legislative practice to delegate detailed regulatory updates to the relevant agency, allowing for expert input and flexibility in implementation.
Case for: Supporters argue this ensures consistency and clarity in how motor carriers must act upon receiving positive hair test results, treating them with the same gravity as other forms of 'actual knowledge' of drug use, thereby enhancing accountability.
Case against: No specific opposition to updating definitions for clarity, but concerns could arise if the regulatory update imposes unforeseen burdens or interpretations that are not fully vetted during the rulemaking process.
Estimated impact: Clarifies and expands the circumstances under which a motor carrier is deemed to have 'actual knowledge' of a driver's drug use, leading to mandatory actions like removing the driver from safety-sensitive functions and requiring rehabilitation.