Text: H.R.3361 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3361 IH
102d CONGRESS
1st Session
 H. R. 3361
To provide for testing for the use, in violation of law or Federal regulation,
of alcohol or controlled substances by persons who operate aircraft, trains,
and commercial motor vehicles, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 17, 1991
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, in violation of law or Federal regulation,
of alcohol or controlled substances by persons who operate aircraft, trains,
and commercial motor vehicles, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Omnibus Transportation Employee Testing Act
  of 1991'.
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 depend on the operators of aircraft,
  trains, trucks, and buses 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, trains, trucks, and buses;
  (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) Title VI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1421 et
  seq.) is amended by adding at the end thereof the following:
`SEC. 614. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
  `(a) TESTING PROGRAM-
  `(1) PROGRAM FOR EMPLOYEES OF CARRIERS- The Administrator shall, in the
  interest of aviation safety, prescribe regulations within twelve months after
  the date of 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 post-accident 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) PROGRAM FOR FAA EMPLOYEES- 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 post-accident
  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) SUSPENSION; REVOCATION; DISQUALIFICATION; DISMISSAL- 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.
  `(b) PROHIBITION ON SERVICE-
  `(1) PROHIBITED ACT- It is unlawful for a person to use, in violation of
  law or Federal regulation, alcohol or a controlled substance after the date
  of 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) EFFECT OF REHABILITATION- No individual who is determined to have
  used, in violation of law or Federal regulation, alcohol or a controlled
  substance after the date of 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) PERFORMANCE OF PRIOR  DUTIES PROHIBITED- 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 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);
  `(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.
  `(c) PROGRAM FOR REHABILITATION-
  `(1) PROGRAM FOR EMPLOYEES OF CARRIERS- 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) 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). 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) PROGRAM FOR FAA EMPLOYEES- 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.
  `(d) PROCEDURES FOR TESTING- In establishing the program required under
  subsection (a), 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 labelled
  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 three 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 promulgated under this
  section, except that the regulations promulgated 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) OTHER REGULATIONS ISSUED  BY ADMINISTRATOR- 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 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) INTERNATIONAL OBLIGATIONS- In prescribing 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.
  `(f) 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 Administrator.'.
  (b) 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. 614. 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 twelve
  months after the date of 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 post-accident 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 title.
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 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 subsection, 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;
  `(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 labelled
  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 three 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)(1) The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701
  et seq.) is amended by adding at the end the following new section:
`SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
  `(a) REGULATIONS- The Secretary shall, in the interest of commercial motor
  vehicle safety, issue regulations within twelve months after the date of
  enactment of this section. Such regulations shall establish a program which
  requires motor carriers to conduct preemployment, reasonable suspicion,
  random, and post-accident 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) POST-ACCIDENT TESTING- In issuing such regulations, the Secretary shall
  require that post-accident 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 labelled
  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 three 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 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.'.
  (2) The table of contents of the Commercial Motor Vehicle Safety Act of
  1986 (Public Law 99-570; 100 Stat. 5223) is amended by adding at the end
  thereof the following:
`Sec. 12020. Alcohol and controlled substances testing.'.
  (b)(1) The Secretary of Transportation shall design within nine months after
  the date of enactment of this Act, and implement within fifteen months after
  the date of 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.
  (2) 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.
  (3) The Secretary shall ensure that the States selected pursuant to
  this subsection 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.
  (4) The pilot program authorized by this subsection shall continue for a
  period of one year. The Secretary shall consider alternative methodologies
  for implementing a system of random testing of operators of commercial
  motor vehicles.
  (5) Not later than thirty months after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a comprehensive
  report setting forth the results of the pilot program conducted under this
  subsection. 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.
  (6) For purposes of carrying out this subsection, there shall be available to
  the Secretary $5,000,000  from funds made available to carry out section 404
  of the Surface Transportation Assistance Act of 1982 (49 App. U.S.C. 2304)
  for fiscal year 1992.
  (7) For purposes of this subsection, the term `commercial motor vehicle'
  shall have the meaning given to such term in section 12019(6) of the
  Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2716(6)).
SEC. 6. TESTING TO ENHANCE MASS TRANSPORTATION SAFETY.
  (a) As used in this section, the term--
  (1) `controlled substance' means any substance under section 102(6) of
  the Controlled Substances Act (21 U.S.C. 802(6)) whose use the Secretary
  has determined has a risk to transportation safety;
  (2) `person' includes any corporation, partnership, joint venture,
  association, or other entity organized or existing under the laws of the
  United States, or any State, territory, district, or possession thereof,
  or of any foreign country;
  (3) `Secretary' means the Secretary of Transportation; and
  (4) `mass transportation' means all forms of mass transportation except
  those forms that the Secretary determines are covered adequately, for
  purposes of employee drug and alcohol testing, by either the Federal
  Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) or the Commercial
  Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.).
  (b)(1) The Secretary shall, in the interest of mass transportation safety,
  issue regulations within twelve months after the date of enactment of
  this Act. Such regulations shall establish a program which requires mass
  transportation operations which are recipients of Federal financial
  assistance under section 3, 9, or 18 of the Urban Mass Transportation
  Act of 1964 (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4)
  of title 23, United States Code, to conduct preemployment, reasonable
  suspicion, random, and post-accident testing of mass transportation
  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. 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 employees for such use in
  violation of law or Federal regulation.
  (2) In issuing such regulations, the Secretary shall require that
  post-accident testing of such a mass  transportation employee be conducted
  in the case of any accident involving mass transportation in which occurs
  loss of human life, or, as determined by the Secretary, other serious
  accidents involving bodily injury or significant property damage.
  (c) The Secretary shall issue regulations setting forth requirements
  for rehabilitation programs which provide for the identification and
  opportunity for treatment of mass transportation employees referred to in
  subsection (b)(1) 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 employees shall be required
  to participate in such program. Nothing in this subsection shall preclude
  a mass transportation operation from establishing a program under this
  section in cooperation with any other such operation.
  (d) In establishing the program required under subsection (b), 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 Service
  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 labelled
  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 three 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)(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 mass transportation employees, or to the general public.
  (2) 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 enactment of this Act.
  (3) 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)(1) As the Secretary considers appropriate, the Secretary shall require--
  (A) disqualification for an established period of time or dismissal of
  any employee referred to in subsection (b)(1) who is determined to have
  used or to have been impaired by alcohol while on duty; and
  (B) disqualification for an established period of time or dismissal of any
  such employee determined to have used a controlled substance, whether on
  duty or not on duty, except as permitted for medical purposes by law or
  any regulations.
  (2) Nothing in this section shall be construed to supersede any penalty
  applicable to a mass transportation employee under any other provision
  of law.
  (g) A person shall not be eligible for Federal financial assistance
  under section 3, 9, or 18 of the Urban Mass Transportation Act of 1964
  (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4) of title 23,
  United States Code, if such person--
  (1) is required, under regulations prescribed by the Secretary under
  this section, to establish a program of alcohol and controlled substances
  testing; and
  (2) fails to establish such a program in accordance with such regulations.

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