[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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