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