[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2848 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2848

   To improve Department of Transportation controlled substances and 
                alcohol testing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2018

   Mr. Thune introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To improve Department of Transportation controlled substances and 
                alcohol testing, 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 ``Fighting Opioid Abuse in 
Transportation Act''.

SEC. 2. RAIL MECHANICAL EMPLOYEE CONTROLLED SUBSTANCES AND ALCOHOL 
              TESTING.

    (a) Rail Mechanical Employees.--Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transportation shall 
publish a final rule in the Federal Register revising the regulations 
promulgated under section 20140 of title 49, United States Code, to 
designate a rail mechanical employee as a railroad employee responsible 
for safety-sensitive functions for purposes of that section.
    (b) Definition of Rail Mechanical Employee.--The Secretary shall 
define the term ``rail mechanical employee'' by regulation under 
subsection (a).
    (c) Savings Clause.--Nothing in this section may be construed as 
limiting or otherwise affecting the discretion of the Secretary of 
Transportation to set different requirements by railroad size or other 
factors, consistent with applicable law.

SEC. 3. RAIL YARDMASTER CONTROLLED SUBSTANCES AND ALCOHOL TESTING.

    (a) Yardmasters.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Transportation shall publish a 
final rule in the Federal Register revising the regulations promulgated 
under section 20140 of title 49, United States Code, to designate a 
yardmaster as a railroad employee responsible for safety-sensitive 
functions for purposes of that section.
    (b) Definition of Yardmaster.--The Secretary shall define the term 
``yardmaster'' by regulation under subsection (a).
    (c) Savings Clause.--Nothing in this section may be construed as 
limiting or otherwise affecting the discretion of the Secretary of 
Transportation to set different requirements by railroad size or other 
factors, consistent with applicable law.

SEC. 4. GAO REPORT ON DEPARTMENT OF TRANSPORTATION'S COLLECTION AND USE 
              OF DRUG TESTING DATA.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) review the Department of Transportation Drug and 
        Alcohol Testing Management Information System; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the review, including 
        recommendations under subsection (c).
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description of the process the Department of 
        Transportation uses to collect and record drug and alcohol 
        testing data submitted by employers for each mode of 
        transportation;
            (2) an assessment of whether and, if so, how the Department 
        of Transportation uses the data described in paragraph (1) in 
        carrying out its responsibilities;
            (3) an assessment of the extent to which the data described 
        in paragraph (1) is distributed and available within the 
        Department of Transportation; and
            (4) an assessment of the extent to which drug and alcohol 
        positive rates for each mode of transportation are publicly 
        available.
    (c) Recommendations.--The report under subsection (a) may include 
recommendations regarding--
            (1) how the Department of Transportation can best use the 
        data described in subsection (b)(1);
            (2) any improvements that could be made to the process 
        described in subsection (b)(1);
            (3) whether and, if so, how drug and alcohol positive rates 
        for each mode of transportation should be made publicly 
        available in an easily accessible format; and
            (4) such other recommendations as the Comptroller General 
        considers appropriate.

SEC. 5. TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAM; 
              ADDITION OF FENTANYL.

    (a) Mandatory Guidelines for Federal Workplace Drug Testing 
Programs.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall determine whether a revision of the Mandatory 
        Guidelines for Federal Workplace Drug Testing Programs to 
        expand the opiate category on the list of authorized drug 
        testing to include fentanyl is justified, based on the 
        reliability and cost-effectiveness of available testing.
            (2) Revision of guidelines.--If the expansion of the opiate 
        category is determined to be justified under paragraph (1), the 
        Secretary of Health and Human Services shall publish in the 
        Federal Register, not later than 1 year after the date of the 
        determination under that paragraph, a final notice of the 
        revision of the Mandatory Guidelines for Federal Workplace Drug 
        Testing Programs to expand the opiate category on the list of 
        authorized drug testing to include fentanyl.
    (b) Department of Transportation Drug-Testing Panel.--If the 
expansion of the opiate category is determined to be justified under 
subsection (a)(1) and the Secretary of Transportation concurs with that 
determination, the Secretary of Transportation shall publish in the 
Federal Register, not later than 18 months after the date the final 
notice is published under subsection (a)(2), a final rule revising part 
40 of title 49, Code of Federal Regulations, to include fentanyl in the 
Department of Transportation's drug-testing panel, consistent with the 
Mandatory Guidelines for Federal Workplace Drug Testing Programs as 
revised by the Secretary of Health and Human Services under subsection 
(a).
    (c) Savings Provision.--Nothing in this section may be construed as 
limiting or otherwise affecting any authority of the Secretary of 
Health and Human Services or the Secretary of Transportation to expand 
the list of authorized drug testing to include an additional substance.

SEC. 6. REPORT ON HAIR TESTING GUIDELINES.

    Not later than 30 days after the date of enactment of this Act, and 
every 30 days thereafter until the date that the Secretary of Health 
and Human Services publishes in the Federal Register a final notice of 
scientific and technical guidelines for hair testing in accordance with 
section 5402(b) of the Fixing America's Surface Transportation Act 
(Public Law 114-94; 129 Stat. 1312), the Secretary of Health and Human 
Services shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on--
            (1) the status of the hair testing guidelines;
            (2) an explanation for why the hair testing guidelines have 
        not been issued;
            (3) a schedule, including benchmarks, for the completion of 
        the hair testing guidelines; and
            (4) an estimated date of completion of the hair testing 
        guidelines.

SEC. 7. MANDATORY GUIDELINES FOR FEDERAL WORKPLACE DRUG TESTING 
              PROGRAMS USING ORAL FLUID.

    (a) Deadline.--Not later than December 31, 2018, the Secretary of 
Health and Human Services shall publish in the Federal Register a final 
notice of the Mandatory Guidelines for Federal Workplace Drug Testing 
Programs using Oral Fluid, based on the notice of proposed mandatory 
guidelines published in the Federal Register on May 15, 2015 (94 FR 
28054).
    (b) Rule of Construction.--Nothing in this section may be construed 
as--
            (1) limiting or otherwise affecting the discretion of the 
        Secretary of Health and Human Services to revise the proposed 
        mandatory guidelines described in subsection (a) to address 
        issues raised during rulemaking, including issues involving 
        passive exposure to marijuana use, prior to publishing the 
        final notice; or
            (2) requiring the Secretary of Health and Human Services to 
        reissue a notice of proposed mandatory guidelines to carry out 
        subsection (a).

SEC. 8. ELECTRONIC RECORDKEEPING.

    Not later than December 31, 2019, the Secretary of Transportation 
shall issue a final rule revising part 40 of title 49, Code of Federal 
Regulations, to authorize, to the extent practicable, the use of 
electronic signatures or digital signatures executed to electronic 
forms instead of traditional handwritten signatures executed on paper 
forms.
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