Text: H.R.4848 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4848 IH
101st CONGRESS
2d Session
 H. R. 4848
To provide for testing for the use, without lawful authorization, of alcohol
or controlled substances by the operators of aircraft, railroads, commercial
motor vehicles, and mass transportation vehicles, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 17, 1990
Mr. COUGHLIN (for himself and Mr. HUGHES) introduced the following bill; which
was referred jointly to the Committees on Public Works and Transportation
and Energy and Commerce
A BILL
To provide for testing for the use, without lawful authorization, of alcohol
or controlled substances by the operators of aircraft, railroads, commercial
motor vehicles, and mass transportation vehicles, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be cited as the
  `Transportation Employee Alcohol and Drug Testing Act of 1990'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) alcohol abuse and illegal drug use pose significant dangers to the
  safety and welfare of the Nation;
  (2) millions of the Nation's citizens utilize transportation by aircraft,
  railroads, trucks, and buses and other mass transportation vehicles and
  depend on the operators of aircraft, railroads, trucks, and buses and other
  mass transportation vehicles to perform in a safe and responsible manner;
  (3) the greatest efforts must be expended to eliminate the abuse of
  alcohol and use of illegal drugs, whether on duty or off duty, by those
  individuals who are involved in the operation of aircraft, railroads,
  trucks, and buses and other mass transportation vehicles;
  (4) the use of alcohol and illegal drugs has been demonstrated to affect
  significantly the performance of individuals and has been proven to have
  been a critical factor in transportation accidents;
  (5) the testing of uniformed personnel of the Armed Forces has shown that
  the most effective deterrent to abuse of alcohol and use of illegal drugs
  is increased testing, including random testing;
  (6) adequate safeguards can be implemented to ensure that testing for
  abuse of alcohol or use of illegal drugs is performed in a manner which
  protects an individual's right of privacy, ensures that no individual is
  harassed by being treated differently from other individuals, and ensures
  that no individual's reputation or career development is unduly threatened
  or harmed; and
  (7) rehabilitation is a critical component of any testing program for
  abuse of alcohol or use of illegal drugs, and should be made available to
  individuals, as appropriate.
SEC. 3. TESTING TO ENHANCE AVIATION SAFETY.
  (a) AMENDMENT TO FEDERAL AVIATION ACT- Title VI of the Federal Aviation
  Act of 1958 (49 U.S.C. App. 1421 et seq.) is amended by adding at the end
  the following:
`ALCOHOL AND CONTROLLED SUBSTANCES TESTING
`Testing Program
  `SEC. 613. (a)(1) The Administrator shall, in the interest of aviation
  safety, prescribe regulations within 12 months after the date of the
  enactment of this section. Such regulations shall establish a program which
  requires air carriers and foreign air carriers to conduct preemployment,
  reasonable suspicion, random, and postaccident testing of airmen,
  crewmembers, airport security screening contract personnel, and other air
  carrier employees responsible for safety-sensitive functions (as determined
  by the Administrator) for use, in violation of law or Federal regulation,
  of alcohol or a controlled substance. The Administrator may also prescribe
  regulations, as the Administrator considers appropriate in the interest
  of safety, for the conduct of periodic recurring testing of such employees
  for such use in violation of law or Federal regulation.
  `(2) The Administrator shall establish a program applicable to employees of
  the Federal Aviation Administration whose duties include responsibility for
  safety-sensitive functions. Such program shall provide for preemployment,
  reasonable suspicion, random, and postaccident testing for use, in
  violation of law or Federal regulation, of alcohol or a controlled
  substance. The Administrator may also prescribe regulations, as the
  Administrator considers appropriate in the interest of safety, for the
  conduct of periodic recurring testing of such employees for such use in
  violation of law or Federal regulation.
  `(3) In prescribing regulations under the programs required by this
  subsection, the Administrator shall require, as the Administrator considers
  appropriate, the suspension or revocation of any certificate issued to such
  an individual, or the disqualification or dismissal of any such individual,
  in accordance with the provisions of this section, in any instance where
  a test conducted and confirmed under this section indicates that such
  individual has used, in violation of law or Federal regulation, alcohol
  or a controlled substance.
`Prohibition on Service
  `(b)(1) No person may use, in violation of law or Federal regulation,
  alcohol or a controlled substance after the date of the enactment of this
  section and serve as an airman, crewmember, airport security screening
  contract personnel, air carrier employee responsible for safety-sensitive
  functions (as determined by the Administrator), or employee of the Federal
  Aviation Administration with responsibility for safety-sensitive functions.
  `(2) No individual who is determined to have used, in violation of law or
  Federal regulation, alcohol or a controlled substance after the date of the
  enactment of this section shall serve as an airman, crewmember, airport
  security screening contract personnel, air carrier employee responsible
  for safety-sensitive functions (as determined by the Administrator), or
  employee of the Federal Aviation Administration with responsibility for
  safety-sensitive functions unless such individual has completed a program
  of rehabilitation described in subsection (c) of this section.
  `(3) Any such individual determined by the Administrator to have used, in
  violation of law or Federal regulation, alcohol or a controlled substance
  after the date of the enactment of this section who--
  `(A) engaged in such use while on duty;
  `(B) prior to such use had undertaken or completed a rehabilitation program
  described in subsection (c) of this section;
  `(C) following such determination refuses to undertake such a rehabilitation
  program; or
  `(D) following such determination fails to complete such a rehabilitation
  program;
shall not be permitted to perform the duties relating to air transportation
which such individual performed prior to the date of such determination.
`Program for Rehabilitation
  `(c)(1) The Administrator shall prescribe regulations setting forth
  requirements for rehabilitation programs which at a minimum provide for
  the identification and opportunity for treatment of employees referred to
  in subsection (a)(1) of this section in need of assistance in resolving
  problems with the use, in violation of law or Federal regulation, of
  alcohol or controlled substances. Each air carrier and foreign air carrier
  is encouraged to make such a program available to all of its employees
  in addition to those employees referred to in subsection (a)(1) of this
  section. The Administrator shall determine the circumstances under which
  such employees shall be required to participate in such a program. Nothing
  in this subsection shall preclude any air carrier or foreign air carrier
  from establishing a program under this subsection in cooperation with any
  other air carrier or foreign air carrier.
  `(2) The Administrator shall establish and maintain a rehabilitation
  program which at a minimum provides for the identification and opportunity
  for treatment of those employees of the Federal Aviation Administration
  whose duties include responsibility for safety-sensitive functions who
  are in need of assistance in resolving problems with the use of alcohol
  or controlled substances.
`Procedures
  `(d) In establishing the program required under subsection (a) of this
  section, the Administrator shall develop requirements which shall--
  `(1) promote, to the maximum extent practicable, individual privacy in
  the collection of specimen samples;
  `(2) with respect to laboratories and testing procedures for controlled
  substances, incorporate the Department of Health and Human Services
  scientific and technical guidelines dated April 11, 1988, and any subsequent
  amendments thereto, including mandatory guidelines which--
  `(A) establish comprehensive standards for all aspects of laboratory
  controlled substances testing and laboratory procedures to be applied in
  carrying out this section, including standards which require the use of the
  best available technology for ensuring the full reliability and accuracy
  of controlled substances tests and strict procedures governing the chain
  of custody of specimen samples collected for controlled substances testing;
  `(B) establish the minimum list of controlled substances for which
  individuals may be tested; and
  `(C) establish appropriate standards and procedures for periodic review of
  laboratories and criteria for certification and revocation of certification
  of laboratories to perform controlled substances testing in carrying out
  this section;
  `(3) require that all laboratories involved in the controlled substances
  testing of any individual under this section shall have the capability and
  facility, at such laboratory, of performing screening and confirmation tests;
  `(4) provide that all tests which indicate the use, in violation of law or
  Federal regulation, of alcohol or a controlled substance by any individual
  shall be confirmed by a scientifically recognized method of testing capable
  of providing quantitative data regarding alcohol or a controlled substance;
  `(5) provide that each specimen sample be subdivided, secured, and labeled
  in the presence of the tested individual and that a portion thereof be
  retained in a secure manner to prevent the possibility of tampering, so
  that in the event the individual's confirmation test results are positive
  the individual has an opportunity to have the retained portion assayed by
  a confirmation test done independently at a second certified laboratory
  if the individual requests the independent test within 3 days after being
  advised of the results of the confirmation test;
  `(6) ensure appropriate safeguards for testing to detect and quantify alcohol
  in breath and body fluid samples, including urine and blood, through the
  development of regulations as may be necessary and in consultation with
  the Department of Health and Human Services;
  `(7) provide for the confidentiality of test results and medical information
  (other than information relating to alcohol or a controlled substance) of
  employees, except that the provisions of this paragraph shall not preclude
  the use of test results for the orderly imposition of appropriate sanctions
  under this section; and
  `(8) ensure that employees are selected for tests by nondiscriminatory
  and impartial methods, so that no employee is harassed by being treated
  differently from other employees in similar circumstances.
`Effect on Other Laws and Regulations
  `(e)(1) No State or local government shall adopt or have in effect any law,
  rule, regulation, ordinance, standard, or order that is inconsistent with
  the regulations issued under this section, except that the regulations
  issued under this section shall not be construed to preempt provisions of
  State criminal law which impose sanctions for reckless conduct leading to
  actual loss of life, injury or damage to property, whether the provisions
  apply specifically to employees of an air carrier or foreign air carrier,
  or to the general public.
  `(2) Nothing in this section shall be construed to restrict the discretion
  of the Administrator to continue in force, amend, or further supplement
  any regulations issued before the date of the enactment of this section
  that govern the use of alcohol and controlled substances by airmen,
  crewmembers, airport security screening contract personnel, air carrier
  employees responsible for safety-sensitive functions (as determined by the
  Administrator), or employees, of the Federal Aviation Administration with
  responsibility for safety-sensitive functions.
  `(3) In issuing regulations under this section, the Administrator shall
  only establish requirements applicable to foreign air carriers that are
  consistent with the international obligations of the United States, and
  the Administrator shall take into consideration any applicable laws and
  regulations of foreign countries. The Secretary of State and the Secretary
  of Transportation, jointly, shall call on the member countries of the
  International Civil Aviation Organization to strengthen and enforce existing
  standards to prohibit the use, in violation of law or Federal regulation,
  of alcohol or a controlled substance by crew members in international
  civil aviation.
`Definition
  `(f) For the purposes of this section, the term `controlled substance'
  means any substance under section 102(6) of the Controlled Substances Act
  (21 U.S.C. 802(6)) specified by the Administrator.'.
  (b) CONFORMING AMENDMENT- That portion of the table of contents of the
  Federal Aviation Act of 1958 relating to title VI is amended by adding at
  the end thereof the following:
`Sec. 613. Alcohol and controlled substances testing.
`(a) Testing program.
`(b) Prohibition on service.
`(c) Program for rehabilitation.
`(d) Procedures.
`(e) Effect on other laws and regulations.
`(f) Definition.'.
SEC. 4. TESTING TO ENHANCE RAILROAD SAFETY.
  Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431)
  is amended by adding at the end thereof the following:
  `(r)(1) In the interest of safety, the Secretary shall, within 12
  months after the date of the enactment of this subsection, issue rules,
  regulations, standards, and orders relating to alcohol and drug use in
  railroad operations. Such regulations shall establish a program which--
  `(A) requires railroads to conduct preemployment, reasonable suspicion,
  random, and postaccident testing of all railroad employees responsible for
  safety-sensitive functions (as determined by the Secretary) for use, in
  violation of law or Federal regulation, of alcohol or a controlled substance;
  `(B) requires, as the Secretary considers appropriate, disqualification
  for an established period of time or dismissal of any employee determined
  to have used or to have been impaired by alcohol while on duty; and
  `(C) requires, as the Secretary considers appropriate, disqualification for
  an established period of time or dismissal of any employee determined to
  have used a controlled substance, whether on duty or not on duty, except
  as permitted for medical purposes by law and any rules, regulations,
  standards, or orders issued under this Act.
The Secretary may also issue rules, regulations, standards, and orders, as the
Secretary considers appropriate in the interest of safety, requiring railroads
to conduct periodic recurring testing of railroad employees responsible for
such safety sensitive functions, for use of alcohol or a controlled substance
in violation of law or Federal regulation. Nothing in this subsection shall be
construed to restrict the discretion of the Secretary to continue in force,
amend, or further supplement any rules, regulations, standards, and orders
governing the use of alcohol and controlled substances in railroad operations
issued before the date of the enactment of this subsection.
  `(2) In carrying out the provisions of this subsection, the Secretary
  shall develop requirements which shall--
  `(A) promote, to the maximum extent practicable, individual privacy in
  the collection of specimen samples;
  `(B) with respect to laboratories and testing procedures for controlled
  substances, incorporate the Department of Health and Human Services
  scientific and technical guidelines dated April 11, 1988, and any subsequent
  amendments thereto, including mandatory guidelines which--
  `(i) establish comprehensive standards for all aspects of laboratory
  controlled substances testing and laboratory procedures to be applied in
  carrying out this Act, including standards which required the use of the
  best available technology for ensuring the full reliability and accuracy
  of controlled substances tests and strict procedures governing the chain
  of custody of specimen samples collected for controlled substances testing;
  `(ii) establish the minimum list of controlled substances for which
  individuals may be tested; and
  `(iii) establish appropriate standards and procedures for periodic review of
  laboratories and criteria for certification and revocation of certification
  of laboratories to perform controlled substances testing in carrying out
  this subsection;
  `(C) require that all laboratories involved in the controlled substances
  testing of any employee under this subsection shall have the capability and
  facility, at such laboratory, of performing screening and confirmation tests;
  `(D) provide that all tests which indicate the use, in violation of law or
  Federal regulation, of alcohol or a controlled substance by any employee
  shall be confirmed by a scientifically recognized method of testing capable
  of providing quantitative data regarding alcohol or a controlled substance;
  `(E) provide that each specimen sample be subdivided, secured, and labeled
  in the presence of the tested individual and that a portion thereof be
  retained in a secure manner to prevent the possibility of tampering, so
  that in the event the individual's confirmation test results are positive
  the individual has an opportunity to have the retained portion assayed by
  a confirmation test done independently at a second certified laboratory
  if the individual requests the independent test within 3 days after being
  advised of the results of the confirmation test;
  `(F) ensure appropriate safeguards for testing to detect and quantify alcohol
  in breath and body fluid samples, including urine and blood, through the
  development of regulations as may be necessary and in consultation with
  the Department of Health and Human Services;
  `(G) provide for the confidentiality of test results and medical information
  (other than information relating to alcohol or a controlled substance)
  of employees, except that the provisions of this subparagraph shall not
  preclude the use of test results for the orderly imposition of appropriate
  sanctions under this subsection; and
  `(H) ensure that employees are selected for tests by nondiscriminatory
  and impartial methods, so that no employee is harassed by being treated
  differently from other employees in similar circumstances.
  `(3) The Secretary shall issue rules, regulations, standards, or orders
  setting forth requirements for rehabilitation programs which at a minimum
  provide for the identification and opportunity for treatment of railroad
  employees responsible for safety-sensitive functions (as determined by
  the Secretary) in need of assistance in resolving problems with the use,
  in violation of law or Federal regulation, of alcohol or a controlled
  substance. Each railroad is encouraged to make such a program available
  to all of its employees in addition to those employees responsible
  for safety sensitive functions. The Secretary shall determine the
  circumstances under which such employees shall be required to participate
  in such program. Nothing in this paragraph shall preclude a railroad from
  establishing a program under this paragraph in cooperation with any other
  railroad.
  `(4) In carrying out the provisions of this subsection, the Secretary shall
  only establish requirements that are consistent with the international
  obligations of the United States, and the Secretary shall take into
  consideration any applicable laws and regulations of foreign countries.
  `(5) For the purposes of this subsection, the term `controlled substance'
  means any substance under section 102(6) of the Controlled Substances Act
  (21 U.S.C. 802(6)) specified by the Secretary.'.
SEC. 5. TESTING TO ENHANCE MOTOR CARRIER SAFETY.
  (a) AMENDMENT TO COMMERCIAL MOTOR VEHICLE SAFETY ACT- The Commercial Motor
  Vehicle Safety Act of 1986 (49 U.S.C. App. 2701 et seq.) is amended by
  adding at the end the following:
`SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
  `(a) REGULATIONS- The Secretary shall, in the interest of commercial motor
  vehicle safety, issue regulations within 12 months after the date of the
  enactment of this section. Such regulations shall establish a program which
  requires motor carriers to conduct preemployment, reasonable suspicion,
  random, and postaccident testing of the operators of commercial motor
  vehicles for use, in violation of law or Federal regulation, of alcohol
  or a controlled substance. The Secretary may also issue regulations, as
  the Secretary considers appropriate in the interest of safety, for the
  conduct of periodic recurring testing of such operators for such use in
  violation of law or Federal regulation.
  `(b) TESTING-
  `(1) POSTACCIDENT TESTING- In issuing such regulations, the Secretary shall
  require that postaccident testing of the operator of a commercial motor
  vehicle be conducted in the case of any accident involving a commercial
  motor vehicle in which occurs loss of human life, or, as determined by the
  Secretary, other serious accidents involving bodily injury or significant
  property damage.
  `(2) TESTING AS PART OF MEDICAL EXAMINATION- Nothing in subsection (a) of
  this section shall preclude the Secretary from providing in such regulations
  that such testing be conducted as part of the medical examination required
  by subpart E of part 391 of title 49, Code of Federal Regulations, with
  respect to those operators of commercial motor vehicles to whom such part
  is applicable.
  `(c) PROGRAM FOR REHABILITATION- The Secretary shall issue regulations
  setting forth requirements for rehabilitation programs which provide for
  the identification and opportunity for treatment of operators of commercial
  motor vehicles who are determined to have used, in violation of law or
  Federal regulation, alcohol or a controlled substance. The Secretary shall
  determine the circumstances under which such operators shall be required
  to participate in such program. Nothing in this subsection shall preclude
  a motor carrier from establishing a program under this subsection in
  cooperation with any other motor carrier.
  `(d) PROCEDURES FOR TESTING- In establishing the program required under
  subsection (a) of this section, the Secretary shall develop requirements
  which shall--
  `(1) promote, to the maximum extent practicable, individual privacy in
  the collection of specimen samples;
  `(2) with respect to laboratories and testing procedures for controlled
  substances, incorporate the Department of Health and Human Services
  scientific and technical guidelines dated April 11, 1988, and any subsequent
  amendments thereto, including mandatory guidelines which--
  `(A) establish comprehensive standards for all aspects of laboratory
  controlled substances testing and laboratory procedures to be applied in
  carrying out this section, including standards which require the use of the
  best available technology for ensuring the full reliability and accuracy
  of controlled substances tests and strict procedures governing the chain
  of custody of specimen samples collected for controlled substances testing;
  `(B) establish the minimum list of controlled substances for which
  individuals may be tested; and
  `(C) establish appropriate standards and procedures for periodic review of
  laboratories and criteria for certification and revocation of certification
  of laboratories to perform controlled substances testing in carrying out
  this section;
  `(3) require that all laboratories involved in the testing of any
  individual under this section shall have the capability and facility,
  at such laboratory, of performing screening and confirmation tests;
  `(4) provide that all tests which indicate the use, in violation of law or
  Federal regulation, of alcohol or a controlled substance by any individual
  shall be confirmed by a scientifically recognized method of testing capable
  of providing quantitative data regarding alcohol or a controlled substance;
  `(5) provide that each specimen sample be subdivided, secured, and labeled
  in the presence of the tested individual and that a portion thereof be
  retained in a secure manner to prevent the possibility of tampering, so
  that in the event the individual's confirmation test results are positive
  the individual has an opportunity to have the retained portion assayed by
  a confirmation test done independently at a second certified laboratory
  if the individual requests the independent test within 3 days after being
  advised of the results of the confirmation test;
  `(6) ensure appropriate safeguards for testing to detect and quantify alcohol
  in breath and body fluid samples, including urine and blood, through the
  development of regulations as may be necessary and in consultation with
  the Department of Health and Human Services;
  `(7) provide for the confidentiality of test results and medical information
  (other than information relating to alcohol or a controlled substance) of
  employees, except that the provisions of this paragraph shall not preclude
  the use of test results for the orderly imposition of appropriate sanctions
  under this section; and
  `(8) ensure that employees are selected for tests by nondiscriminatory
  and impartial methods, so that no employee is harassed by being treated
  differently from other employees in similar circumstances.
  `(e) EFFECT ON OTHER LAWS AND REGULATIONS-
  `(1) STATE AND LOCAL LAW AND REGULATIONS- No State or local government
  shall adopt or have in effect any law, rule, regulation, ordinance,
  standard, or order that is inconsistent with the regulations issued under
  this section, except that the regulations issued under this section shall
  not be construed to preempt provisions of State criminal law which impose
  sanctions for reckless conduct leading to actual loss of life, injury, or
  damage to property, whether the provisions apply specifically to commercial
  motor vehicle employees, or to the general public.
  `(2) OTHER REGULATIONS ISSUED BY SECRETARY- Nothing in this section shall
  be construed to restrict the discretion of the Secretary to continue in
  force, amend, or further supplement any regulations governing the use of
  alcohol or controlled substances by commercial motor vehicle employees
  issued before the date of the enactment of this section.
  `(3) INTERNATIONAL OBLIGATIONS- In issuing regulations under this section,
  the Secretary shall only establish requirements that are consistent with the
  international obligations of the United States, and the Secretary shall take
  into consideration any applicable laws and regulations of foreign countries.
  `(f) APPLICATION OF PENALTIES-
  `(1) EFFECT ON OTHER PENALTIES- Nothing in this section shall be construed
  to supersede any penalty applicable to the operator of a commercial motor
  vehicle under this title or any other provision of law.
  `(2) DETERMINATION OF SANCTIONS- The Secretary shall determine appropriate
  sanctions for commercial motor vehicle operators who are determined, as a
  result of tests conducted and confirmed under this section, to have used, in
  violation of law or Federal regulation, alcohol or a controlled substance
  but are not under the influence of alcohol or a controlled substance,
  as provided in this title.
  `(g) DEFINITION- For the purposes of this section, the term `controlled
  substance' means any substance under section 102(6) of the Controlled
  Substances Act (21 U.S.C. 802(6)) specified by the Secretary.'.
  (b) CONFORMING AMENDMENT- The table of contents contained in section 12001(b)
  of the Commercial Motor Vehicle Safety Act of 1986 (100 Stat. 3207-171)
  is amended by adding at the end thereof the following:
`Sec. 12020. Alcohol and controlled substances testing.'.
SEC. 6. TESTING TO ENHANCE MASS TRANSPORTATION SAFETY.
  The Urban Mass Transportation Act of 1964 (49 U.S.C. App. 1601-1621)
  is amended by adding at the end the following new section:
`SEC. 26. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
  `(a) REGULATIONS- The Secretary shall, in the interest of mass transportation
  safety, issue regulations within 12 months after the date of the enactment
  of this section. Such regulations shall establish a program which requires
  each recipient of assistance under this Act to conduct preemployment,
  reasonable suspicion, random, and postaccident testing of the operators
  of mass transportation vehicles for use, in violation of law or Federal
  regulation, of alcohol or a controlled substance. The Secretary may also
  issue regulations, as the Secretary considers appropriate in the interest
  of safety, for the conduct of periodic recurring testing of such operators
  for such use in violation of law or Federal regulation.
  `(b) POSTACCIDENT TESTING- In issuing such regulations, the Secretary
  shall require that postaccident testing of the operator of a mass
  transportation vehicle be conducted in the case of any accident involving
  a mass transportation vehicle in which occurs loss of human life, or,
  as determined by the Secretary, other serious accidents involving bodily
  injury or significant property damage.
  `(c) PROGRAM FOR REHABILITATION- The Secretary shall issue regulations
  setting forth requirements for rehabilitation programs which provide for
  the identification and opportunity for treatment of operators of mass
  transportation vehicles who are determined to have used, in violation of
  law or Federal regulation, alcohol or a controlled substance. The Secretary
  shall determine the circumstances under which such operators shall be
  required to participate in such program. Nothing in this subsection shall
  preclude a recipient from establishing a program under this subsection in
  cooperation with any other recipient.
  `(d) PROCEDURES FOR TESTING- In establishing the program required under
  subsection (a) of this section, the Secretary shall develop requirements
  which shall--
  `(1) promote, to the maximum extent practicable, individual privacy in
  the collection of specimen samples;
  `(2) with respect to laboratories and testing procedures for controlled
  substances, incorporate the Department of Health and Human Services
  scientific and technical guidelines dated April 11, 1988, and any subsequent
  amendments thereto, including mandatory guidelines which--
  `(A) establish comprehensive standards for all aspects of laboratory
  controlled substances testing and laboratory procedures to be applied in
  carrying out this section, including standards which require the use of the
  best available technology for ensuring the full reliability and accuracy
  of controlled substances tests and strict procedures governing the chain
  of custody of specimen samples collected for controlled substances testing;
  `(B) establish the minimum list of controlled substances for which
  individuals may be tested; and
  `(C) establish appropriate standards and procedures for periodic review of
  laboratories and criteria for certification and revocation of certification
  of laboratories to perform controlled substances testing in carrying out
  this section;
  `(3) require that all laboratories involved in the testing of any
  individual under this section shall have the capability and facility,
  at such laboratory, of performing screening and confirmation tests;
  `(4) provide that all tests which indicate the use, in violation of law or
  Federal regulation, of alcohol or a controlled substance by any individual
  shall be confirmed by a scientifically recognized method of testing capable
  of providing quantitative data regarding alcohol or a controlled substance;
  `(5) provide that each specimen sample be subdivided, secured, and labeled
  in the presence of the tested individual and that a portion thereof be
  retained in a secure manner to prevent the possibility of tampering, so
  that in the event the individual's confirmation test results are positive
  the individual has an opportunity to have the retained portion assayed by
  a confirmation test done independently at a second certified laboratory
  if the individual requests the independent test within 3 days after being
  advised of the results of the confirmation test;
  `(6) ensure appropriate safeguards for testing to detect and quantify alcohol
  in breath and body fluid samples, including urine and blood, through the
  development of regulations as may be necessary and in consultation with
  the Department of Health and Human Services;
  `(7) provide for the confidentiality of test results and medical information
  (other than information relating to alcohol or a controlled substance) of
  employees, except that the provisions of this paragraph shall not preclude
  the use of test results for the orderly imposition of appropriate sanctions
  under this section; and
  `(8) ensure that employees are selected for tests by nondiscriminatory
  and impartial methods, so that no employee is harassed by being treated
  differently from other employees in similar circumstances.
  `(e) EFFECT ON OTHER LAWS AND REGULATIONS-
  `(1) STATE AND LOCAL LAW AND REGULATIONS- No State or local government
  shall adopt or have in effect any law, rule, regulation, ordinance,
  standard, or order that is inconsistent with the regulations issued under
  this section, except that the regulations issued under this section shall
  not be construed to preempt provisions of State criminal law which impose
  sanctions for reckless conduct leading to actual loss of life, injury,
  or damage to property.
  `(2) OTHER REGULATIONS ISSUED BY SECRETARY- Nothing in this section shall
  be construed to restrict the discretion of the Secretary to continue in
  force, amend, or further supplement any regulations governing the use of
  alcohol or controlled substances by mass transportation employees issued
  before the date of the enactment of this section.
  `(3) INTERNATIONAL OBLIGATIONS- In issuing regulations under this section,
  the Secretary shall only establish requirements that are consistent with the
  international obligations of the United States, and the Secretary shall take
  into consideration any applicable laws and regulations of foreign countries.
  `(f) APPLICATION OF PENALTIES-
  `(1) EFFECT ON OTHER PENALTIES- Nothing in this section shall be construed
  to supersede any penalty applicable under this Act or any other provision
  of law.
  `(2) DETERMINATION OF SANCTIONS- The Secretary shall determine appropriate
  sanctions for mass transportation vehicle operators who are determined, as
  a result of tests conducted and confirmed under this section, to have used,
  in violation of law or Federal regulation, alcohol or a controlled substance
  but are not under the influence of alcohol or a controlled substance.
  `(g) DEFINITION- For the purposes of this section, the term `controlled
  substance' means any substance under section 102(6) of the Controlled
  Substances Act (21 U.S.C. 802(6)) specified by the Secretary.'.
SEC. 7. PILOT PROGRAM FOR TESTING OF COMMERCIAL MOTOR VEHICLE OPERATORS.
  (a) DESIGN AND IMPLEMENTATION- The Secretary of Transportation shall
  design, within nine months after the date of the enactment of this Act
  and implement, within fifteen months after the date of the enactment of
  this Act, a pilot test program for the purpose of testing the operators
  of commercial motor vehicles on a random basis to determine whether an
  operator has used, in violation of law or Federal regulation, alcohol or
  a controlled substance. The pilot test program shall be administered as
  part of the Motor Carrier Safety Assistance Program.
  (b) SOLICITATION AND SELECTION OF PARTICIPATING STATES- The Secretary shall
  solicit the participation of States which are interested in participating
  in such program and shall select four States to participate in the program.
  (c) SELECTION CRITERIA- The Secretary shall ensure that the States selected
  pursuant to this section are representative of varying geographical and
  population characteristics of the Nation and that the selection takes into
  consideration the historical geographical incidence of commercial motor
  vehicle accidents involving loss of human life.
  (d) DURATION OF PROGRAM- The pilot program authorized by this section shall
  continue for a period of 1 year. The Secretary shall consider alternative
  methodologies for implementing a system of random testing of operators of
  commercial motor vehicles.
  (e) REPORT- Not later than 30 months after the date of the enactment of
  this Act, the Secretary shall prepare and submit to Congress a comprehensive
  report setting forth the results of the pilot program conducted under this
  section. Such report shall include any recommendations of the Secretary
  concerning the desirability and implementation of a system for the random
  testing of operators of commercial motor vehicles.
  (f) FUNDING- For purposes of carrying out this section, there shall be
  available to the Secretary $5,000,000 from funds made available to carry
  out section 402 of the Surface Transportation Assistance Act of 1982
  (49 U.S.C. App. 2302) for fiscal year 1990.
  (g) COMMERCIAL MOTOR VEHICLE DEFINED- For purposes of this section,
  the term `commercial motor vehicle' has the meaning such term has under
  section 12019(6) of the Commercial Motor Vehicle Safety Act of 1986 (49
  U.S.C. App. 2716(6)).