[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2979 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2979
To improve drug testing for transportation-related activities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2019
Mr. Wicker introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve drug testing for transportation-related activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preventing Opioid
and Drug Impairment in Transportation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amtrak employee controlled substances and alcohol testing
records.
Sec. 3. Alcohol and controlled substance reporting of Amtrak locomotive
engineers and conductors.
Sec. 4. Safety-sensitive personnel study.
Sec. 5. Interstate drug and alcohol oversight.
Sec. 6. Impaired driving study.
Sec. 7. Roadside oral fluid drug screening.
Sec. 8. GAO report on Department of Transportation drug testing panel.
Sec. 9. Transportation workplace drug and alcohol testing program;
status reports on addition of fentanyl.
Sec. 10. Status reports on scientific and technical guidelines for hair
testing of transportation employees.
SEC. 2. AMTRAK EMPLOYEE CONTROLLED SUBSTANCES AND ALCOHOL TESTING
RECORDS.
(a) Supervisory Training.--Not later than 1 year after the date of
the enactment of this Act, the National Railroad Passenger Corporation
(commonly known as ``Amtrak'') shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes the methods used by Amtrak to ensure
that supervisors of employees in safety-sensitive positions receive the
required training on how to detect drug and alcohol use.
(b) Electronic Database.--Not later than 18 months after the date
of the enactment of this Act, Amtrak shall establish--
(1) an electronic database of all safety-sensitive
positions to record data on employee drug and alcohol tests to
replace collection of such data through paper records; and
(2) effective procedures to track and monitor drug and
alcohol testing maintained in the electronic database.
(c) Measures.--Not later than 18 months after the date of the
enactment of this Act, Amtrak shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that describes the measures implemented to improve compliance with
proper self-reporting of employee prescription drug use.
SEC. 3. ALCOHOL AND CONTROLLED SUBSTANCE REPORTING OF AMTRAK LOCOMOTIVE
ENGINEERS AND CONDUCTORS.
(a) Review.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall determine whether
the regulations set forth in parts 240 and 242 of title 49, Code of
Federal Regulations, promulgated pursuant to sections 20135 and 20163
of title 49, United States Code, in order to protect the traveling
public, should be revised to require locomotive engineers and
conductors or personnel seeking initial certification to become a
locomotive engineer or a conductor for Amtrak to report arrests due to
drug or alcohol offenses immediately or as soon as practicable.
(b) Rulemaking.--If the Secretary of Transportation determines that
the regulations referred to in subsection (a) should be revised in
accordance with such subsection, the Secretary shall--
(1) notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such determination; and
(2) not later than 18 months after such determination,
publish a notice in the Federal Register of a proposed revision
to such regulations to require locomotive engineers and
conductors, or personnel seeking initial certification to
become a locomotive engineer or a conductor for Amtrak, to
report arrests due to drug or alcohol offenses immediately or
as soon as practicable.
SEC. 4. SAFETY-SENSITIVE PERSONNEL STUDY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit a report to Congress
that--
(1) describes the ability of pipeline companies that
operate from Canada or Mexico into the United States to conduct
the same drug and alcohol tests that are required of personnel
in the United States on safety-sensitive personnel who--
(A) work outside of the United States; and
(B) have responsibilities related to maintaining
and controlling pipeline in the United States; and
(2) indicates whether such operators have sufficient drug
and alcohol testing procedures in place to ensure safe
operations of pipeline facilities located within the United
States.
SEC. 5. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Transportation shall amend the
auditing program for the drug and alcohol regulations in part 199 of
title 49, Code of Federal Regulations, in order to improve the
efficiency and processes of such regulations as applied to operators
and pipeline contractors working for multiple pipeline operators in
multiple States. In making such amendments, the Secretary shall
minimize duplicative audits of the same operators, and thereby
contractors working for those companies, by the Pipeline and Hazardous
Materials Safety Administration and multiple State agencies.
(b) Limitation.--Nothing in this Act may be construed to require
modification of the inspection or enforcement authority of any Federal
agency or State.
SEC. 6. IMPAIRED DRIVING STUDY.
(a) Study.--The Administrator of the National Highway Traffic
Safety Administration (referred to in this Act as the ``NHTSA'') shall
conduct a study regarding the ways in which the NHTSA can reduce and
better detect impaired driving, including marijuana- and opioid-
impaired driving.
(b) Reports.--Not later than 2 years after the date of the
enactment of this Act, and biennially thereafter for the following 4
years, the Secretary of Transportation, in cooperation with other
Federal agencies, as appropriate, shall submit a report to Congress
that--
(1) describes the activities undertaken pursuant to
subsection (a);
(2) provides an update on the progress of the study
conducted pursuant to subsection (a); and
(3) includes the results of the study if the study has been
completed.
SEC. 7. ROADSIDE ORAL FLUID DRUG SCREENING.
(a) Defined Term.--In this section, the term ``onsite'' refers to
oral fluid drug screening devices that are used at roadside or at the
station.
(b) Study.--The Secretary of Transportation, in consultation with
the heads of appropriate Federal agencies and local law enforcement
officers and prosecutors, shall conduct a study regarding the accuracy
of onsite oral fluid screening for tetrahydrocannabinol (referred to in
this section as ``THC'') and opiate presence in order to reduce the
potential impact on traffic safety due to drug and polysubstance-
impaired drivers.
(c) Issues To Be Examined.--In conducting the study under
subsection (b), the Secretary shall examine--
(1) the status of onsite oral fluid drug screening
technology that is available at the time the study is
conducted;
(2) the reliability and accuracy of the devices referred to
in paragraph (1) to determine the presence and amount of THC
and opiate, as confirmed by toxicology results;
(3) oral fluid research and pilot programs in the United
States and in other countries to assess how the technology
referred to in paragraph (1) is being utilized;
(4) State-based policies regarding implied consent and
testing in impaired driving cases;
(5) practical considerations for the deployment of this
technology in the field; and
(6) any legal and policy issues that may arise from the
deployment of this technology.
(d) Report.--
(1) In general.--Not later than 4 years after the date of
the enactment of this Act, the Secretary, in cooperation with
appropriate Federal agencies, shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that contains the results of
the study conducted pursuant to subsection (b).
(2) Contents.--The report required under paragraph (1)
shall include--
(A) the findings of the Secretary based on the
study, including--
(i) an overview of the extent of the drug
and polysubstance-impaired driving problem and
a discussion of how new screening technologies
can potentially assist in better capturing the
magnitude and characteristics of the problem;
(ii) an assessment of the accuracy and
reliability of onsite oral fluid screening
technology;
(iii) a description and assessment of
current State laws relating to the use of oral
fluid screening technology;
(iv) a determination about whether oral
fluid screening technology is a viable option
to assist law enforcement officers in
confirming the presence of a drug responsible
for observed impairment of a driver;
(v) a determination about whether onsite
oral fluid screening technology can be
effectively incorporated into existing driving
under the influence investigation protocols;
and
(vi) an overview of future research needs;
and
(B) the recommendations of the Secretary based on
the study, as appropriate, including--
(i) effective and efficient methods for
training law enforcement personnel, including
drug recognition experts, to detect whether a
motor vehicle operator is under the influence
through the use of onsite oral fluid technology
in combination with existing driving under the
influence investigation protocols;
(ii) if feasible, model guidelines for the
technology referred to in clause (i);
(iii) methodologies for evaluating oral
fluid use to facilitate increased data
collection and analysis and to determine
optimal strategies for deploying the technology
referred to in clause (i) as part of a pilot
program and standard operating procedure in
driving under the influence investigations; and
(iv) future steps, including a timeline for
implementing such steps, that the NHTSA will
take to advance research in onsite drug
screening technology.
SEC. 8. GAO REPORT ON DEPARTMENT OF TRANSPORTATION DRUG TESTING PANEL.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) review the Department of Transportation's process for
setting guidelines and drug testing requirements for
transportation employees subject to the Department's drug and
alcohol testing policies; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that summarizes the results of such review.
(b) Contents.--The report required under subsection (a)(2) shall
include--
(1) a description of the process used by the Department of
Health and Human Services for adding and removing categories of
drugs to and from the Federal workplace drug testing
requirements;
(2) an evaluation of the dependence of the Department of
Transportation on the Department of Health and Human Services'
determination whether to add new categories of drugs to the
testing panel; and
(3) an assessment of whether the process used by the
Department of Health and Human Services for adding and removing
categories of drugs to and from the Federal workplace drug
testing requirements sufficiently addresses the needs of the
transportation industry for drug and alcohol testing to prevent
drug and alcohol-related incidents.
SEC. 9. TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAM;
STATUS REPORTS ON ADDITION OF FENTANYL.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes the status of the determination
regarding whether to add fentanyl to the drug testing panel in
accordance with section 8105 of the Fighting Opioid Abuse in
Transportation Act (5 U.S.C. 7301 note).
SEC. 10. STATUS REPORTS ON SCIENTIFIC AND TECHNICAL GUIDELINES FOR HAIR
TESTING OF TRANSPORTATION EMPLOYEES.
(a) Office of Management and Budget.--Not later than 30 days after
the date of the enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that--
(1) describes the status of the scientific and technical
guidelines for hair testing required under section 5402(b) of
the Fixing America's Surface Transportation Act (49 U.S.C.
31306 note);
(2) explains why such guidelines have not been issued; and
(3) estimates the date by which such guidelines will be
issued.
(b) Department of Health and Human Services.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Health and Human Services shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that--
(1) describes the causes for the delay in submitting the
scientific and technical guidelines for hair testing to the
Office of Management and Budget after the date of the enactment
of the Fighting Opioid Abuse in Transportation Act (subtitle I
of title VIII of Public Law 115-271);
(2) explains why such guidelines have not been issued;
(3) summarizes considerations related to eliminating
positive test results caused solely by the drug use of others
and not caused by the drug use of the individual being tested;
and
(4) estimates the date by which such guidelines will be
completed.
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