[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2979 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 634
116th CONGRESS
  2d Session
                                S. 2979

                          [Report No. 116-328]

     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

                           December 15, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Preventing Opioid and Drug Impairment in Transportation 
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Amtrak employee controlled substances and alcohol 
                            testing records.
<DELETED>Sec. 3. Alcohol and controlled substance reporting of Amtrak 
                            locomotive engineers and conductors.
<DELETED>Sec. 4. Safety-sensitive personnel study.
<DELETED>Sec. 5. Interstate drug and alcohol oversight.
<DELETED>Sec. 6. Impaired driving study.
<DELETED>Sec. 7. Roadside oral fluid drug screening.
<DELETED>Sec. 8. GAO report on Department of Transportation drug 
                            testing panel.
<DELETED>Sec. 9. Transportation workplace drug and alcohol testing 
                            program; status reports on addition of 
                            fentanyl.
<DELETED>Sec. 10. Status reports on scientific and technical guidelines 
                            for hair testing of transportation 
                            employees.

<DELETED>SEC. 2. AMTRAK EMPLOYEE CONTROLLED SUBSTANCES AND ALCOHOL 
              TESTING RECORDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Electronic Database.--Not later than 18 months after 
the date of the enactment of this Act, Amtrak shall establish--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) effective procedures to track and monitor drug 
        and alcohol testing maintained in the electronic 
        database.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. ALCOHOL AND CONTROLLED SUBSTANCE REPORTING OF AMTRAK 
              LOCOMOTIVE ENGINEERS AND CONDUCTORS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. SAFETY-SENSITIVE PERSONNEL STUDY.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) work outside of the United States; 
                and</DELETED>
                <DELETED>    (B) have responsibilities related to 
                maintaining and controlling pipeline in the United 
                States; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation.--Nothing in this Act may be construed to 
require modification of the inspection or enforcement authority of any 
Federal agency or State.</DELETED>

<DELETED>SEC. 6. IMPAIRED DRIVING STUDY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) describes the activities undertaken pursuant 
        to subsection (a);</DELETED>
        <DELETED>    (2) provides an update on the progress of the 
        study conducted pursuant to subsection (a); and</DELETED>
        <DELETED>    (3) includes the results of the study if the study 
        has been completed.</DELETED>

<DELETED>SEC. 7. ROADSIDE ORAL FLUID DRUG SCREENING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Issues To Be Examined.--In conducting the study under 
subsection (b), the Secretary shall examine--</DELETED>
        <DELETED>    (1) the status of onsite oral fluid drug screening 
        technology that is available at the time the study is 
        conducted;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) State-based policies regarding implied consent 
        and testing in impaired driving cases;</DELETED>
        <DELETED>    (5) practical considerations for the deployment of 
        this technology in the field; and</DELETED>
        <DELETED>    (6) any legal and policy issues that may arise 
        from the deployment of this technology.</DELETED>
<DELETED>    (d) Report.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Contents.--The report required under paragraph 
        (1) shall include--</DELETED>
                <DELETED>    (A) the findings of the Secretary based on 
                the study, including--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) an assessment of the accuracy 
                        and reliability of onsite oral fluid screening 
                        technology;</DELETED>
                        <DELETED>    (iii) a description and assessment 
                        of current State laws relating to the use of 
                        oral fluid screening technology;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (v) a determination about whether 
                        onsite oral fluid screening technology can be 
                        effectively incorporated into existing driving 
                        under the influence investigation protocols; 
                        and</DELETED>
                        <DELETED>    (vi) an overview of future 
                        research needs; and</DELETED>
                <DELETED>    (B) the recommendations of the Secretary 
                based on the study, as appropriate, including--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) if feasible, model guidelines 
                        for the technology referred to in clause 
                        (i);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) future steps, including a 
                        timeline for implementing such steps, that the 
                        NHTSA will take to advance research in onsite 
                        drug screening technology.</DELETED>

<DELETED>SEC. 8. GAO REPORT ON DEPARTMENT OF TRANSPORTATION DRUG 
              TESTING PANEL.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--The report required under subsection (a)(2) 
shall include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 
              PROGRAM; STATUS REPORTS ON ADDITION OF 
              FENTANYL.</DELETED>

<DELETED>    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).</DELETED>

<DELETED>SEC. 10. STATUS REPORTS ON SCIENTIFIC AND TECHNICAL GUIDELINES 
              FOR HAIR TESTING OF TRANSPORTATION EMPLOYEES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) explains why such guidelines have not been 
        issued; and</DELETED>
        <DELETED>    (3) estimates the date by which such guidelines 
        will be issued.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) explains why such guidelines have not been 
        issued;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) estimates the date by which such guidelines 
        will be completed.</DELETED>

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. 11. Report on alcohol detection technology.
Sec. 12. Report on collection of drug-impaired driving data.

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--
            (1) how to detect drug and alcohol use; and
            (2) the rights and responsibilities of employees throughout 
        the drug and alcohol testing process.
    (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 safety related to 
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 as soon as practicable, but before performing 
any safety-sensitive service as a locomotive engineer or conductor.
    (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 that--
                    (A) requires 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 as soon 
                as practicable, but before performing any safety-
                sensitive service as a locomotive engineer or 
                conductor;
                    (B) clearly defines the scope of offenses that are 
                considered reportable under subparagraph (A); and
                    (C) defines the time frame for which such offenses 
                are considered reportable prior to initial 
                certification.

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;
            (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; and
            (4) an evaluation of whether additional guidance or 
        measures are needed to ensure that training provided to Medical 
        Review Officers pursuant to part 40 of title 49, Code of 
        Federal Regulations, reflects any changes to relevant statutes 
        and regulations affecting the duties and responsibilities of 
        Medical Review Officers.

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.
    (c) Savings Provision.--Nothing in this section may be construed to 
amend or alter the objectives or requirements set forth in section 8106 
of the Fighting Opioid Abuse in Transportation Act (49 U.S.C. 31306 
note).

SEC. 11. REPORT ON ALCOHOL DETECTION TECHNOLOGY.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Transportation 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) in addition to annual reports, describes the current 
        status of the Driver Alcohol Detection System for Safety 
        Program's alcohol detection technology; and
            (2) explains how such technology could potentially reduce 
        alcohol-impaired driving if it is integrated into all newly 
        manufactured motor vehicles.

SEC. 12. REPORT ON COLLECTION OF DRUG-IMPAIRED DRIVING DATA.

    Not later than 3 years after the date of enactment of this Act, the 
Secretary of Transportation, in consultation with the heads of 
appropriate Federal agencies, State highway safety offices, and other 
interested parties, 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 that--
            (1) identifies any barriers that States encounter in 
        submitting to the Fatality Analysis and Reporting System the 
        alcohol and drug toxicology results of fatally injured drivers;
            (2) provides recommendations on how to address any barriers 
        identified under paragraph (1);
            (3) makes recommendations relating to the creation and 
        adoption of national minimum guidelines for toxicological 
        investigations in cases of motor vehicle crashes and drug-
        impaired driving cases as a way to improve reliability and 
        consistency in toxicology testing;
            (4) reviews model guidelines, such as model guidelines from 
        the National Safety Council; and
            (5) provides future steps that the Secretary, acting 
        through the Administrator of the National Highway Traffic 
        Safety Administration, will take to assist States in 
        improving--
                    (A) toxicology testing in cases of motor vehicle 
                crashes; and
                    (B) the reporting of alcohol and drug toxicology 
                results in cases of motor vehicle crashes.
                                                       Calendar No. 634

116th CONGRESS

  2d Session

                                S. 2979

                          [Report No. 116-328]

_______________________________________________________________________

                                 A BILL

     To improve drug testing for transportation-related activities.

_______________________________________________________________________

                           December 15, 2020

                       Reported with an amendment