84a0f0591eb4939e7c1a13806f24434b3a37a36044c2f7703a629033d7f79ef3

Construction and Improvements shall be available for any quarter of any
fiscal year beginning after December 31, 1991, unless the Commandant of
the Coast Guard first submits a quarterly report to the House and Senate
Appropriations Committees on all major Coast Guard acquisition projects
including projects executed for the Coast Guard by the United States Navy:
Provided, That such reports shall include an acquisition schedule, estimated
current and future year funding requirements, and a schedule of anticipated
obligations and outlays for each major acquisitions project: Provided
further, That such reports shall rate on a relative scale the cost risk,
schedule risk, and technical risk associated with each acquisition project
and include a table detailing unobligated balances to date and anticipated
unobligated balances at the close of the fiscal year and the close of the
following fiscal year should the Administration's pending budget request
for the acquisition, construction and improvements account be fully funded.
( 135 ) Page 56, line 1, strike out  [Struck out->][ 331 ][<-Struck out]
and insert: 329
( 136 ) Page 56, line 14, strike out  [Struck out->][ 332 ][<-Struck out]
and insert: 330
( 137 ) Page 63, after line 17, insert:

c44712aa2789fbd7086adb840bbeff25bbecb65905e0dadd261226384576fa06

plan by January 1, 1992 to make available at O'Hare International Airport
sufficient slots to permit basic essential air service under section 419 of
the Federal Aviation Act to be provided from any eligible point for which
Chicago, Illinois, was designated as a hub city and which had served at
O'Hare Airport, at any time between January 1, 1990 and October 1, 1991.
Such proposal shall not reduce service to existing cities nor undermine
air safety at O'Hare.
( 138 ) Page 63, after line 17, insert:

da06af110656210d40301d79a6b590a8b11acada2792dc2c654a0de1f58c2c27

Act of 1982 (49 U.S.C. App. 2211), the Secretary of Transportation shall
increase the grant AIP3-19-0004-7 by up to $141,713.
( 139 ) Page 63, after line 17, insert:

0c6427446f7a1144ff1191d7fb2e3f91668279511468578d6be1242420b87a78

of Atlantic City relating to the transfer of Atlantic City International
Airport shall not be considered airport revenues for the purposes of the
Federal Aviation Act of 1958 (49 U.S.C. 2201, et seq.).
( 140 ) Page 63, after line 17, insert:

9dda9bb6304b747b7aec75b63c6b009869bf70f094ffe01c7a4767ecc84b6180

of 1979 (49 U.S.C. 2104(c)(3)) is amended by deleting the word `public'
before the word `building'.
( 141 ) Page 63, after line 17, insert:

fda79cded44919fa23dbac4be47db27a09b235d33a47ac70e4be0f18988df6ad

series of Airworthiness Directives, commencing with the notice issued on
November 28, 1987, regarding cargo fire detection and control in aircraft
which (1) are operated solely within the State of Alaska, and (2) operate
in a configuration with a passenger and cargo compartment on the main deck,
until a thorough safety analysis and an economic impact statement have been
completed by the Federal Aviation Administration, and have been submitted to
and reviewed by the Committee on Appropriations.  However, if the Secretary
certifies that clear and convincing evidence exists that such rules should
be implemented on an emergency basis to present a clear and present threat
to passenger safety, such rules may be implemented on a temporary basis
pending the outcome of the safety analysis  and economic impact statement.
( 142 ) Page 63, after line 17, insert:

e667adb7032cbe4db3f2ee39e7f144bed308c7f1f333787a9c9afd4d96aa666f

a sole source contract with the Puerto Rico Ports Authority for purposes
of constructing an air traffic control tower at Luis Munoz Marin Airport
with fiscal year 1991 and fiscal year 1992 appropriations provided under
this section:  Provided, That the Puerto Rico Ports Authority shall procure
such construction services consistent with Department of Transportation
acquisition regulations, part 1201 et cet, chapter 48 of the Code of
Federal Regulations.
( 143 ) Page 63, after line 17, insert:

db255a878aa6340e73ce7f1f7fea252f5d63f22e10a4afa7848b6c2b4a8647f9

Transportation Authority may provide transportation services in support
of the 1993 World University Games.
( 144 ) Page 63, after line 17, insert:

77d408205738be6e630cc0ff36e9583e595e0dbf6116f17ce4719514ca0b40ed

available to New York State under section 3 of the Urban Mass Transportation
Act of 1964, as amended, such sums as may be necessary shall be made
available to the Secretary for the purpose of conducting a study of the
feasibility and cost of adding air conditioning to Pennsylvania Station
in New York City.
( 145 ) Page 63, after line 17, insert:

b5360af7d3ce876ab98834a09a50399161a2dee5400b22fafe2033f2370d3396

funds available to the District of Columbia under the Interstate Transfer
Grants-Highway Program of the Federal-Aid Highways account of this Act,
$5,000,000 in contract authority and in liquidation of contract authority
shall be transferred to the Federal Railroad Administration, which shall
make such funds available to Amtrak for the Union Station Parking Project
in the District of Columbia.
( 146 ) Page 63, after line 17, insert:

c9c820b1fd62bfd84cb9e7c9e12d8eabd7f2fb709c501ea4f3079a9bcd8f136b

1992, a notice of proposed rulemaking with regard to amending the Federal
Motor Carrier Safety regulations to prohibit the use of radar detectors in
operating commercial motor vehicles. Such notice shall solicit testimony
regarding the safety, economic, and operational aspects of prohibiting
radar detectors in commercial operations.
( 147 ) Page 63, after line 17, insert:

41b77ec0133a6a97d417ceaf85452121a33b4d112c6a292cfb5a0b80ed15d059

immediately before the colon, a comma and the following: `except that
exempt abandonments and discontinuances that are effectuated pursuant to
section 1152.50 of title 49 of the Code of Federal Regulations shall not
apply toward such 350-mile limit'.
( 148 ) Page 63, after line 17, insert:

e6973b38f4f1eb5ddc327da56a4f5904e363ae4eebafdd8e0a74c3791a84bb7b

Administration may use funds from both the facilities and equipment program
and the airport improvement formula grant funds to fund the relocation
of an ASR-9 radar facility at Nashville International Airport: Provided,
That Nashville International Airport may use airport improvement formula
grant funds to purchase a VORTAC system for the airport.
( 149 ) Page 63, after line 17, insert:

02acd3282cd4f108cb9d5bd15d7f8124f3e56f113ccf63753e5dc3b71ae87604

conduct an aircraft noise mitigation review, to include that airspace over
the States of New York and Connecticut lying within a fifty-five nautical
mile radius of LaGuardia Airport:
(1) By November 1, 1991, a plan shall be developed by the Administrator
to carry out the aircraft noise mitigation review required by this section.
(2) By January 1, 1992, at least 6 public meetings shall be held, with 3
such meetings to be held in each of the States of New York and Connecticut
within the study area.
(3) By May 31, 1992, the Administrator shall identify those actions that
would be needed to implement air traffic changes that are determined by the
Administrator to be appropriate to reduce the effects of aircraft noise
within the study area, and to be consistent with the safe and efficient
management of air traffic, as provided in the Federal Aviation Act of 1958,
as amended, and shall include those identified actions in the Report to
Congress required pursuant to section 9119(c) of Public Law 101-508.
(b) There is hereby established the Metropolitan New York Aircraft Noise
Mitigation Committee to review aircraft noise complaints within the study
area and advise the Administrator of the locations and boundaries of noise
impact areas defined by such complaints. The Committee shall consist of
nine members, with three members each from the States of Connecticut,
New York, and New Jersey, such members to be appointed by the Governor
of each State. The Committee shall obtain the participation of citizens,
community associations, and other public organizations concerned with
aircraft noise in the study area, and shall make recommendations to the
Administrator regarding the organizations. These recommendations shall
be submitted to the Administrator in accordance with the schedule he
establishes in the plan required under subsection (a)(1).
(c) This section shall not apply to the Federal Aviation Administration's
field testing and evaluation of any new noise abatement departure
procedures for Runway Thirteen at LaGuardia Airport. Implementation of
new procedures, if appropriate, shall be in accordance with all applicable
Federal requirements.
( 150 ) Page 63, after line 17, insert:

498c253364797014701d1db90da438c8d9df508bc834675457466c6c3d0fb2c9

this legislation, the Administrator shall issue regulations as may be
necessary to carry out Section 316(g) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1357) as amended. The processing of criminal history
record checks contained in section 316(g) shall begin not later than 60
days after the issuance of the final regulations.
( 151 ) Page 63, after line 17, insert:

6c83ea2ea7acab62c928898b2942aa074d0097748d84ffaee0d99e228c43f799

(a) FINDINGS- The Congress finds that--
(1) alcohol abuse and illegal drug use pose significant dangers to the
safety and welfare of the Nation;
(2) millions of the Nation's citizens utilize mass transportation and
depend on the operators of trains and buses to perform in a safe and
responsible manner;
(3) the greatest efforts must be expended to eliminate the abuse of alcohol
and use of illegal drugs, whether on duty or off duty, by those individuals
who are involved in the operation of trains, and buses;
(4) the use of alcohol and illegal drugs has been demonstrated to affect
significantly the performance of individuals, and has been proven to have
been a critical factor in transportation accidents;
(5) the testing of uniformed personnel of the Armed Forces has shown that
the most effective deterrent to abuse of alcohol and use of illegal drugs
is increased testing, including random testing;
(6) adequate safeguards can be implemented to ensure that testing for
abuse of alcohol or use of illegal drugs is performed in a manner which
protects an individual's right of privacy, ensures that no individual is
harassed by being treated differently from other individuals, and ensures
that no individual's reputation or career development is unduly threatened
or harmed; and
(7) rehabilitation is a critical component of any testing program for
abuse of alcohol or use of illegal drugs, and should be made available to
individuals, as appropriate.
(b) TESTING TO ENHANCE MASS TRANSPORTATION SAFETY- As used in this section
the term--
(1) `controlled substance' means any substance under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)) whose use the Secretary
has determined has a risk to transportation safety;
(2) `person' includes any corporation, partnership, joint venture,
association, or other entity organized or existing under the laws of the
United States, or any State, territory, district, or possession thereof,
or of any foreign country; and
(3) `mass transportation' means all forms of mass transportation except
those forms that the Secretary determines are covered adequately, for
purposes of employee drug and alcohol testing, by either the Federal
Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) or the Commercial
Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.).
(c) TESTING PROGRAMS-
(1) IN GENERAL- The Secretary shall, in the interest of mass transportation
safety, issue regulations within 12 months after the date of enactment
of this Act.  Such regulations shall establish a program which requires
mass transportation operations which are recipients of Federal financial
assistance under section 3, 9, or 18 of the Urban Mass Transportation
Act of 1964 (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4)
of title 23, United States Code, to conduct preemployment, reasonable
suspicion, random, and post-accident testing of mass transportation
employees responsible for safety-sensitive functions (as determined by the
Secretary) for use, in violation of law or Federal regulation, of alcohol
or a controlled substance. The Secretary may also issue regulations, as
the Secretary considers appropriate in the interest of safety, for the
conduct of periodic recurring testing of such employees for such use in
violation of law or Federal regulation.
(2) POST-ACCIDENT TESTING- In issuing such regulations, the Secretary shall
require that post-accident testing of such a mass transportation employee
be conducted in the case of any accident involving mass transportation in
which occurs loss of human life, or, as determined by the Secretary, other
serious accidents involving bodily injury or significant property damage.
(d) REHABILITATION PROGRAMS- The Secretary shall issue regulations setting
forth reasonable requirements for rehabilitation programs which provide for
the identification and opportunity for treatment of mass transportation
employees referred to in subsection (c)(1) who are determined to have
used, in violation of law or Federal regulation, alcohol or a controlled
substance. The Secretary shall determine the circumstances under which such
employees shall be required to participate in such program.  Nothing in
this subsection shall preclude a mass transportation operation from
establishing a program under this section in cooperation with any other
such operation. Nothing herein shall be construed to prohibit bargaining
over those aspects or circumstances of testing which are not mandated by
this section.
(e) PROCEDURES FOR TESTING- In establishing the program required under
subsection (c), the Secretary shall develop requirements which shall--
(1) promote, to the maximum extent practicable, individual privacy in the
collection of specimen samples;
(2) with respect to laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any subsequent
amendments thereto, including mandatory guidelines which--
(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of the
best available technology for ensuring the full reliability and accuracy
of controlled substances tests and strict procedures governing the chain
of custody of specimen samples collected for controlled substances testing;
(B) establish the minimum list of controlled substances for which individuals
may be tested; and
(C) establish appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certification
of laboratories to perform controlled substances testing in carrying out
this section;
(3) require that all laboratories involved in the testing of any
individual under this section shall have the capability and facility,
at such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of law or
Federal regulation, of alcohol or a controlled substance by any individual
shall be confirmed by a scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and labelled
in the presence of the tested individual and that a portion thereof be
retained in a secure manner to prevent the possibility of tampering, so
that in the event the individual's confirmation test results are positive
the individual has an opportunity to have the retained portion assayed by
a confirmation test done independently at a second certified laboratory
if the individual requests the independent test within three days after
being advised of the results of the confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol
in breath and body fluid samples, including urine and blood, through the
development of regulations as may be necessary and in consultation with
the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical information
(other than information relating to alcohol or a controlled substance) of
employees, except that the provisions of this paragraph shall not preclude
the use of test results for the orderly imposition of appropriate sanctions
under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
(f) EFFECT ON OTHER LAWS AND REGULATIONS-
(1) STATE AND LOCAL LAW AND REGULATIONS- No State or local government shall
adopt or have in effect any law, rule, regulation, ordinance, standard,
or order that is inconsistent with the regulations issued under this
section, except that the regulations issued under this section shall not
be construed to preempt provisions of State criminal law which impose
sanctions for reckless conduct leading to actual loss of life, injury,
or damage to property, whether the provisions apply specifically to mass
transportation employees, or to the general public.
(2) OTHER REGULATION ISSUED BY SECRETARY- Nothing in this section shall
be construed to restrict the discretion of the Secretary to continue in
force, amend, or further supplement any regulations governing the use of
alcohol or controlled substances by mass transportation employees issued
before the date of enactment of this Act.
(3) INTERNATIONAL OBLIGATIONS- In issuing regulations under this section,
the Secretary shall only establish requirements that are consistent with the
international obligations of the United States, and the Secretary shall take
into consideration any applicable laws and regulations of foreign countries.
(g) PENALTIES-
(1) DISQUALIFICATION- As the Secretary considers appropriate, the Secretary
shall require--
(A) disqualification for an established period of time or dismissal of
any employee referred to in subsection (c)(1) who is determined to have
used or to have been impaired by alcohol while on duty; and
(B) disqualification for an established period of time or dismissal of any
such employee determined to have used a controlled substance, whether on
duty or not on duty, except as permitted for medical purposes by law or
any regulations.
(2) EFFECT ON OTHER APPLICABLE PENALTIES- Nothing in this section shall
be construed to supersede any penalty applicable to a mass transportation
employee under any other provision of law.
(h) INELIGIBILITY FOR FINANCIAL ASSISTANCE- A person shall not be eligible
for Federal financial assistance under section 3, 9, or 18 of the Urban
Mass Transportation Act of 1964 (49 App. U.S.C. 1602, 1607a, or 1614)
or section 103(e)(4) of title 23, United States Code, if such person--
(1) is required, under regulations prescribed by the Secretary under
this section, to establish a program of alcohol and controlled substances
testing; and
(2) fails to establish such a program in accordance with such regulations.
( 152 ) Page 63, after line 17, insert:

17119271141f1c84597a24ab4fae286b3ce41293ea3d854a03361cbb5699d5b4

this Act shall be used by the Secretary of Transportation or the Federal
Aviation Administration to consolidate Flight Service Stations (including
changes in Flight Service Station operations such as permanent reductions
in staff, hours of operation, airspace, and airport jurisdictions and
the disconnection of telephone lines), until after the expiration of the
12-month period following the date of the submission to Congress of the
Auxiliary Flight Service Station plan required under section 330 of the
Department of Transportation and Related Agencies Appropriations Act,
1991 (Public Law 101-516; 104 Stat. 2184). This section shall not apply
to Flight Service Stations in Laramie, Rawlins, and Rock Springs, Wyoming.
( 153 ) Page 63, after line 17, insert:

48035f88345862c6c3a090f20ac7680c341f29e02f6431114228155824465761

of Washington for the replacement of a bridge on the interstate system
damaged by November, 1990 storms notwithstanding the provisions of section
125 of title 23, United States Code: Provided, That this provision shall
be subject to the Federal Share provisions of section 120, title 23, of
the United States Code. The State of Washington shall repay such advances
to the extent that a final court judgment declares that damage to such
bridges was a result of human error.
( 154 ) Page 63, after line 17, insert:

343acd852157d3e917a1b67bc78d154411881c727acd1dd50d9b50615e81d5b5

Budget Reconciliation Act of 1990, Public Law 101-508, delete the period
and insert the following:
`: Provided, however, That no air carrier may operate within the State of
Hawaii a greater number of Stage 2 aircraft weighing more than 75,000 lbs.,
than were operated, owned, or leased, by such air carrier as of the date of
enactment of this Act. With respect to operations within the State of Hawaii,
this subsection shall apply only to those air carriers operating turnaround
service with aircraft weighing more than 75,000 lbs. within the State of
Hawaii as of the date of enactment of this Act and these same limitations
shall also apply to air transportation to and from the State of Hawaii.'.
( 155 ) Page 63, after line 17, insert:

45ecaea0a1972a61126ec05d134a1774932338f6bcf779d6424cca9f0aedd74a

Transportation Systems Center is authorized to hire up to an additional
40 other-than-full-time equivalent positions (FTE) in fiscal year 1992.
( 156 ) Page 63, after line 17, insert:

ff2fda382edc8151670109c8fcd54042fb07c4b18401ca70889af07cdef19d60

appropriated under Public Law 101-516 for a highway grade crossing
demonstration project in White River Junction, Vermont shall be made
available to the State of Vermont Agency of Transportation without regard
to whether or not such expenses are incurred in accordance with section
106 of title 23 of the United States Code.
( 157 ) Page 63, after line 17, insert:

55794019e007e42dacfa3c399f1847d0b3352a3579a37184a19c51b6cc7b89bd

(a) FINDINGS- The Senate finds that--
(1) many sectors of the Nation's economy have yet to recover from the
recent economic downturn;
(2) a tax increase would reduce personal consumption, considered to be
the engine of the American economy, and an increase in gasoline and diesel
fuel taxes would seriously hinder economic recovery;
(3) an increase in the Federal excise tax on motor fuels by five cents
per gallon would further damage the economy in that such an increase would--
(A) increase the Consumer Price Index by 0.2 percent,
(B) imperil the current trend towards economic recovery,
(C) reduce America's potential for growth in the Gross National Product
in the near term by $11,000,000,000, and
(D) reduce urgently needed job creation by 234,000 job opportunities in
the first year;
(4) Federal, State, and local taxes account for nearly 30 percent of the
retail price of gasoline;
(5) all States already tax gasoline, and twenty States in the last two
years have increased, or considered increasing, their taxes on gasoline; and
(6) gasoline and diesel fuel excise taxes are the most regressive forms of
taxation, in that less affluent Americans must spend a greater proportion
of their income to pay those taxes than do more affluent Americans.
(b) SENSE OF THE SENATE- It is the sense of the Senate that, in light of
the current economic conditions, the Federal excise taxes on gasoline and
diesel fuel should not be increased.
( 158 ) Page 63, after line 17, insert:

275ab3ad626450ef3a0ecfa9eff1d52365bc0e05188d1a88498b34f5dae0652c

Secretary of Energy, shall conduct a study of the potential costs and
benefits to the energy and transportation sectors of telecommuting. The
study shall include--
(1) an estimation of the amount and type of reduction of commuting by form
of transportation type and numbers of commuters;
(2) an estimation of the potential number of lives saved;
(3) an estimation of the reduction in environmental pollution, in
consultation with the Environmental Protection Agency;
(4) an estimation of the amount and type of reduction of energy use and
savings by form of transportation type; and
(5) an estimation of the social impact of widespread use of telecommuting.
(b) This study shall be completed no more than one hundred and eighty
days after the date of enactment of this Act. A report, summarizing the
results of the study, shall be transmitted to the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate no more than sixty days after completion of this study.
( 159 ) Page 63, after line 17, insert:

13323e91848404b9486005550d81a68d97e0ef9eaa02f3eca8e1a64a9e96b62a

State of Wyoming may permit the use of the National System of Interstate
and Defense Highways located in Wyoming by vehicles in excess of 80,000
pounds gross weight, but meeting axle and bridge formula specifications
in section 127 of title 23, United States Code, until June 30, 1992.
( 160 ) Page 63, after line 17, insert:

eddd8065b68b6d574bb8a5ca98af27d7e0b62991967ee5c0331a7c3f04825ec7

Socialist Republics, Congress finds that the Secretary of Defense and
the Commandant of the Coast Guard should reexamine policies of the United
States regarding the restricted use of certain ports of entry by ships,
and crew members thereof, of the Union of Soviet Socialist Republics,
including commercial cargo, passenger, fishing and fisheries support
vessels. The Secretary of Defense and the Commandant of the Coast Guard
shall jointly report back to Congress within 30 days following the date
of the enactment of this Act regarding their examination of such policies,
together with their recommendations.
(b) For purposes of this section, the term `ships' means ships owned by,
under the flag of, or operated by crew members of, the Union of Soviet
Socialist Republics.
( 161 ) Page 63, after line 17, insert:

05e9a704ce1af6c224b6738b57bf3bd5d18d60381bd94ac71ee33752d20c2463

the consent of Congress to a compact relating to the establishment of a
commission to study the feasibility of rapid rail transit service between
certain States; the Congress authorizes the parties to such compact
to change the name of such compact, including the name or names of any
commission or other entity thereunder.
( 162 ) Page 63, strike out all after line 17 over to and including line
3 on page 67
( 163 ) Page 67, after line 3, insert:
SHORT TITLE

1ad0fe741d217389508ac9e92ed2092c1acf9e2dde749a5bd3fed49e1e825fdf

6dcaa386b138955d570e4d5fa96ad858a97e897ed7d7433032a1e39f27c52fc8

TITLE IV

-OMNIBUS TRANSPORTATION EMPLOYEE TESTING

(1) alcohol abuse and illegal drug use pose significant dangers to the
safety and welfare of the Nation;
(2) millions of the Nation's citizens utilize transportation by aircraft,
railroads, trucks, and buses, and depend on the operators of aircraft,
trains, trucks, and buses to perform in a safe and responsible manner;
(3) the greatest efforts must be expended to eliminate the abuse of alcohol
and use of illegal drugs, whether on duty or off duty, by those individuals
who are involved in the operation of aircraft, trains, trucks, and buses;
(4) the use of alcohol and illegal drugs has been demonstrated to affect
significantly the performance of individuals, and has been proven to have
been a critical factor in transportation accidents;
(5) the testing of uniformed personnel of the Armed Forces has shown that
the most effective deterrent to abuse of alcohol and use of illegal drugs
is increased testing, including random testing;
(6) adequate safeguards can be implemented to ensure that testing for
abuse of alcohol or use of illegal drugs is performed in a manner which
protects an individual's right of privacy, ensures that no individual is
harassed by being treated differently from other individuals, and ensures
that no individual's reputation or career development is unduly threatened
or harmed; and
(7) rehabilitation is a critical component of any testing program for
abuse of alcohol or use of illegal drugs, and should be made available to
individuals, as appropriate.
TESTING TO ENHANCE AVIATION SAFETY

7d91cde4e4a092a3b80f27946865f938247cd8a946fad6bf1f44cc10b9b6faf0

et seq.) is amended by adding at the end thereof the following:
`SEC. 614. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
`(a) Testing Program-
`(1) PROGRAM FOR EMPLOYEES OF CARRIERS- The Administrator shall, in the
interest of aviation safety, prescribe regulations within 12 months after
the date of enactment of this section.  Such regulations shall establish
a program which requires air carriers and foreign air carriers to conduct
preemployment, reasonable suspicion, random, and post-accident testing
of airmen, crewmembers, airport security screening contract personnel,
and other air carrier employees responsible for safety-sensitive functions
(as determined by the Administrator) for use, in violation of law or Federal
regulation, of alcohol or a controlled substance.  The Administrator may
also prescribe regulations, as the Administrator considers appropriate in
the interest of safety, for the conduct of periodic recurring testing of
such employees for such use in violation of law or Federal regulation.
`(2) PROGRAM FOR FAA EMPLOYEES- The Administrator shall establish a program
applicable to employees of the Federal Aviation Administration whose duties
include responsibility for safety-sensitive functions.  Such program shall
provide for preemployment, reasonable suspicion, random, and post-accident
testing for use, in violation of law or Federal regulation, of alcohol or
a controlled substance.  The Administrator may also prescribe regulations,
as the Administrator considers appropriate in the interest of safety,
for the conduct of periodic recurring testing of such employees for such
use in violation of law or Federal regulation.
`(3) SUSPENSION; REVOCATION; DISQUALIFICATION; DISMISSAL- In prescribing
regulations under the programs required by this subsection, the Administrator
shall require, as the Administrator considers appropriate, the suspension
or revocation of any certificate issued to such an individual, or the
disqualification or dismissal of any such individual, in accordance with
the provisions of this section, in any instance where a test conducted
and confirmed under this section indicates that such individual has used,
in violation of law or Federal regulation, alcohol or a controlled substance.
`(b) Prohibition on Service-
`(1) PROHIBITED ACT- It is unlawful for a person to use, in violation of
law or Federal regulation, alcohol or a controlled substance after the date
of enactment of this section and serve as an airman, crewmember, airport
security screening contract personnel, air carrier employee responsible
for safety-sensitive functions (as determined by the Administrator), or
employee of the Federal Aviation Administration with responsibility for
safety-sensitive functions.
`(2) EFFECT OF REHABILITATION- No individual who is determined to have
used, in violation of law or Federal regulation, alcohol or a controlled
substance after the date of enactment of this section shall serve as an
airman, crewmember, airport security screening contract personnel, air
carrier employee responsible for safety-sensitive functions (as determined
by the Administrator), or employee of the Federal Aviation Administration
with responsibility for safety-sensitive functions unless such individual
has completed a program of rehabilitation described in subsection (c)
of this section.
`(3) PERFORMANCE OF PRIOR DUTIES PROHIBITED- Any such individual determined
by the Administrator to have used, in violation of law or Federal regulation,
alcohol or a controlled substance after the date of enactment of this
section who--
`(A) engaged in such use while on duty;
`(B) prior to such use had undertaken or completed  a rehabilitation
program described in subsection (c);
`(C) following such determination refuses to  undertake such a rehabilitation
program; or
`(D) following such determination fails to  complete such a rehabilitation
program,
shall not be permitted to perform the duties relating to air transportation
which such individual performed prior to the date of such determination.
`(c) Program for Rehabilitation-
`(1) PROGRAM FOR EMPLOYEES OF CARRIERS- The Administrator shall prescribe
regulations setting forth requirements for rehabilitation programs which
at a minimum provide for the identification and opportunity for treatment
of employees referred to in subsection (a)(1) in need of assistance
in resolving problems with the use, in violation of law or Federal
regulation, of alcohol or controlled substances. Each air carrier and
foreign air carrier is encouraged to make such a program available to all
of its employees in addition to those employees referred to in subsection
(a)(1). The Administrator shall determine the circumstances under which
such employees shall be required to participate in such a program. Nothing
in this subsection shall preclude any air carrier or foreign air carrier
from establishing a program under this subsection in cooperation with any
other air carrier or foreign air carrier.
`(2) PROGRAM FOR FAA EMPLOYEES- The Administrator shall establish and
maintain a rehabilitation program which at a minimum provides for the
identification and opportunity for treatment of those employees of the
Federal Aviation Administration whose duties include responsibility for
safety-sensitive functions who are in need of assistance in resolving
problems with the use of alcohol or controlled substances.
`(d) PROCEDURES FOR TESTING- In establishing the program required under
subsection (a), the Administrator shall develop requirements which shall--
`(1) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
`(2) with respect to laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any subsequent
amendments thereto, including mandatory guidelines which--
`(A) establish comprehensive standards for all  aspects of laboratory
controlled substances testing and  laboratory procedures to be applied in
carrying out  this section, including standards which require the use  of
the best available technology for ensuring the full  reliability and accuracy
of controlled substances tests  and strict procedures governing the chain of
custody of  specimen samples  collected for controlled substances  testing;
`(B) establish the minimum list of controlled  substances for which
individuals may be tested; and
`(C) establish appropriate standards and  procedures for periodic review of
laboratories and  criteria for certification and revocation of  certification
of laboratories to perform controlled  substances testing in carrying out
this section;
`(3) require that all laboratories involved in the controlled substances
testing of any individual under this section shall have the capability and
facility, at such laboratory, of performing screening and confirmation tests;
`(4) provide that all tests which indicate the use, in violation of law or
Federal regulation, of alcohol or a controlled substance by any individual
shall be confirmed by a scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or a controlled substance;
`(5) provide that each specimen sample be subdivided, secured, and labelled
in the presence of the tested individual and that a portion thereof be
retained in a secure manner to prevent the possibility of tampering, so
that in the event the individual's confirmation test results are positive
the individual has an opportunity to have the retained portion assayed by
a confirmation test done independently at a second certified laboratory
if the individual requests the independent test within 3 days after being
advised of the results of the confirmation test;
`(6) ensure appropriate safeguards for testing to detect and quantify alcohol
in breath and body fluid samples, including urine and blood, through the
development of regulations as may be necessary and in consultation with
the Department of Health and Human Services;
`(7) provide for the confidentiality of test results and medical information
(other than information relating to alcohol or a controlled substance) of
employees, except that the provisions of this paragraph shall not preclude
the use of test results for the orderly imposition of appropriate sanctions
under this section; and
`(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
`(e) Effect on Other Laws and Regulations-
`(1) STATE AND LOCAL LAW AND REGULATIONS- No State or local government shall
adopt or have in effect any law, rule, regulation, ordinance, standard,
or order that is inconsistent with the regulations promulgated under this
section, except that the regulations promulgated under this section shall
not be construed to preempt provisions of State criminal law which impose
sanctions for reckless conduct leading to actual loss of life, injury, or
damage to property, whether the provisions apply specifically to employees
of an air carrier or foreign air carrier, or to the general public.
`(2) OTHER REGULATIONS ISSUED BY ADMINISTRATOR- Nothing in this section shall
be construed to restrict the discretion of the Administrator to continue in
force, amend, or further supplement any regulations issued before the date
of enactment of this section that govern the use of alcohol and controlled
substances by airmen, crewmembers, airport security screening contract
personnel, air carrier employees responsible for safety-sensitive functions
(as determined by the Administrator), or employees of the Federal Aviation
Administration with responsibility for safety-sensitive functions.
`(3) INTERNATIONAL OBLIGATIONS- In prescribing regulations under this
section, the Administrator shall only establish requirements applicable
to foreign air carriers that are consistent with the international
obligations of the United States, and the Administrator shall take into
consideration any applicable laws and regulations of foreign countries.
The Secretary of State and the Secretary of Transportation, jointly,
shall call on the member countries of the International Civil Aviation
Organization to strengthen and enforce existing standards to prohibit the
use, in violation of law or Federal regulation, of alcohol or a controlled
substance by crew members in international civil aviation.
`(f) DEFINITION- For the purposes of this section, the term `controlled
substance' means any substance under section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)) specified by the Administrator.'.
(b) That portion of the table of contents of the Federal Aviation Act of 1958
relating to title VI is amended by adding at the end thereof the following:
`Sec. 614. Alcohol and controlled substances testing.
`(a) Testing program.
`(b) Prohibition on service.
`(c) Program for rehabilitation.
`(d) Procedures.
`(e) Effect on other laws and regulations.
`(f) Definition.'.
TESTING TO ENHANCE RAILROAD SAFETY

dfa216334f0287e4987c21112ad7d96577b8b8f0a87207e330217dc0ebab9ac0

U.S.C. 431) is amended by adding at the end thereof the following:
`(r)(1) In the interest of safety, the Secretary shall, within twelve
months after the date of enactment of this subsection, issue rules,
regulations, standards, and orders relating to alcohol and drug use in
railroad operations. Such regulations shall establish a program which--
`(A) requires railroads to conduct preemployment, reasonable suspicion,
random, and post-accident testing of all railroad employees responsible
for safety-sensitive functions (as determined by the Secretary) for use, in
violation of law or Federal regulation, of alcohol or a controlled substance;
`(B) requires, as the Secretary considers appropriate, disqualification
for an established period of time or dismissal of any employee determined
to have used or to have been impaired by alcohol while on duty; and
`(C) requires, as the Secretary considers appropriate, disqualification for
an established period of time or dismissal of any employee determined to
have used a controlled substance, whether on duty or not on duty, except
as permitted for medical purposes by law and any rules, regulations,
standards, or orders issued under this title.
The Secretary may also issue rules, regulations, standards, and orders, as
the Secretary considers appropriate in the interest of safety, requiring
railroads to conduct periodic recurring testing of railroad employees
responsible for such safety sensitive functions, for use of alcohol or a
controlled substance in violation of law or Federal regulation. Nothing in
this subsection shall be construed to restrict the discretion of the Secretary
to continue in force, amend, or further supplement any rules, regulations,
standards, and orders governing the use of alcohol and controlled substances
in railroad operations issued before the date of enactment of this subsection.
`(2) In carrying out the provisions of this subsection, the Secretary
shall develop requirements which shall--
`(A) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
`(B) with respect to laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any subsequent
amendments thereto, including mandatory guidelines which--
`(i) establish comprehensive standards for all  aspects of laboratory
controlled substances testing and  laboratory procedures to be applied in
carrying out  this subsection, including standards which require the  use of
the best available technology for ensuring the  full reliability and accuracy
of controlled substances  tests and strict procedures governing the chain
of  custody of specimen samples collected for controlled  substances testing;
`(ii) establish the minimum list of controlled  substances for which
individuals may be tested; and
`(iii) establish appropriate standards and  procedures for periodic
review of laboratories and  criteria for certification and revocation of
certification of laboratories to perform controlled  substances testing
in carrying out this subsection;
`(C) require that all laboratories involved in the controlled substances
testing of any employee under this subsection shall have the capability and
facility, at such laboratory, of performing screening and confirmation tests;
`(D) provide that all tests which indicate the use, in violation of law or
Federal regulation, of alcohol or a controlled substance by any employee
shall be confirmed by a scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or a controlled substance;
`(E) provide that each specimen sample be subdivided, secured, and labelled
in the presence of the tested individual and that a portion thereof be
retained in a secure manner to prevent the possibility of tampering, so
that in the event the individual's confirmation test results are positive
the individual has an opportunity to have the retained portion assayed by
a confirmation test done independently at a second certified laboratory
if the individual requests the independent test within 3 days after being
advised of the results of the confirmation test;
`(F) ensure appropriate safeguards for testing to detect and quantify alcohol
in breath and body fluid samples, including urine and blood, through the
development of regulations as may be necessary and in consultation with
the Department of Health and Human Services;
`(G) provide for the confidentiality of test results and medical information
(other than information relating to alcohol or a controlled substance)
of employees, except that the provisions of this subparagraph shall not
preclude the use of test results for the orderly imposition of appropriate
sanctions under this subsection; and
`(H) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
`(3) The Secretary shall issue rules, regulations, standards, or orders
setting forth requirements for rehabilitation programs which at a minimum
provide for the identification and opportunity for treatment of railroad
employees responsible for safety-sensitive functions (as determined by
the Secretary) in need of assistance in resolving problems with the use,
in violation of law or Federal regulation, of alcohol or a controlled
substance.  Each railroad is encouraged to make such a program available to
all of its employees in addition to those employees responsible for safety
sensitive functions. The Secretary shall determine the circumstances under
which such employees shall be required to participate in such program.
Nothing in this paragraph shall preclude a railroad from establishing a
program under this paragraph in cooperation with any other railroad.
`(4) In carrying out the provisions of this subsection, the Secretary shall
only establish requirements that are consistent with the international
obligations of the United States, and the Secretary shall take into
consideration any applicable laws and regulations of foreign countries.
`(5) For the purposes of this subsection, the term `controlled substance'
means any substance under section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6)) specified by the Secretary.'.
TESTING TO ENHANCE MOTOR CARRIER SAFETY

741545d968feab9c77d0e4f3f3a6b3f84d72f9643287e2209265c8d5e8ceca48

App. U.S.C. 2701 et seq.) is amended by adding at the end the following
new section:
`SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
`(a) REGULATIONS- The Secretary shall, in the interest of commercial motor
vehicle safety, issue regulations within twelve months after the date of
enactment of this section.  Such regulations shall establish a program which
requires motor carriers to conduct preemployment, reasonable suspicion,
random, and post-accident testing of the operators of commercial motor
vehicles for use, in violation of law or Federal regulation, of alcohol
or a controlled substance. The Secretary may also issue regulations, as
the Secretary considers appropriate in the interest of safety, for the
conduct of periodic recurring testing of such operators for such use in
violation of law or Federal regulation.
`(b) Testing-
`(1) POST-ACCIDENT TESTING- In issuing such regulations, the Secretary shall
require that post-accident testing of the operator of a commercial motor
vehicle be conducted in the case of any accident involving a commercial
motor vehicle in which occurs loss of human life, or, as determined by the
Secretary, other serious accidents involving bodily injury or significant
property damage.
`(2) TESTING AS PART OF MEDICAL EXAMINATION- Nothing in subsection (a) of
this section shall preclude the Secretary from providing in such regulations
that such testing be conducted as part of the medical examination required
by subpart E of part 391 of title 49, Code of Federal Regulations, with
respect to those operators of commercial motor vehicles to whom such part
is applicable.
`(c) PROGRAM FOR REHABILITATION- The Secretary shall issue regulations
setting forth requirements for rehabilitation programs which provide for
the identification and opportunity for treatment of operators of commercial
motor vehicles who are determined to have used, in violation of law or
Federal regulation, alcohol or a controlled substance. The Secretary shall
determine the circumstances under which such operators shall be required to
participate in such program.  Nothing in this subsection shall preclude
a motor carrier from establishing a program under this subsection in
cooperation with any other motor carrier.
`(d) PROCEDURES FOR TESTING- In establishing the program required under
subsection (a) of this section, the Secretary shall develop requirements
which shall--
`(1) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
`(2) with respect to laboratories and testing  procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any subsequent
amendments thereto, including mandatory guidelines which--
`(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of the
best available technology for ensuring the full reliability and accuracy
of controlled substances tests and strict procedures governing the chain
of custody of specimen samples collected for controlled substances testing;
`(B) establish the minimum list of controlled substances for which
individuals may be tested; and
`(C) establish appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certification
of laboratories to perform controlled substances testing in carrying out
this section;
`(3) require that all laboratories involved in the testing of any
individual under this section shall have the capability and facility,
at such laboratory, of performing screening and confirmation tests;
`(4) provide that all tests which indicate the use, in violation of
law or Federal regulation, of alcohol or a controlled substance by any
individual shall be confirmed by a scientifically recognized method of
testing capable of     providing quantitative data regarding alcohol or
a controlled substance;
`(5) provide that each specimen sample be subdivided, secured, and labelled
in the presence of the tested individual and that a portion thereof be
retained in a secure manner to prevent the possibility of tampering, so
that in the event the individual's confirmation test results are positive
the individual has an opportunity to have the retained portion assayed by
a confirmation test done independently at a second certified laboratory
if the  individual requests the independent test within 3 days after being
advised of the results of the confirmation test;
`(6) ensure appropriate safeguards for testing to detect and quantify alcohol
in breath and body fluid samples, including urine and blood, through the
development of regulations as may be necessary and in consultation with
the Department of Health and Human Services;
`(7) provide for the confidentiality of test results and medical information
(other than information relating to alcohol or a controlled substance) of
employees, except that the provisions of this paragraph shall not preclude
the use of test results for the orderly imposition of appropriate sanctions
under this section; and
`(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
`(e) Effect on Other Laws and Regulations-
`(1) STATE AND LOCAL LAW AND REGULATIONS- No State or local government
shall adopt or have in effect any law, rule, regulation, ordinance,
standard, or order that is inconsistent with the regulations issued under
this section, except that the regulations issued under this section shall
not be construed to preempt provisions of State criminal law which impose
sanctions for reckless conduct leading to actual loss of life, injury, or
damage to property, whether the provisions apply specifically to commercial
motor vehicle employees, or to the general public.
`(2) OTHER REGULATIONS ISSUED BY SECRETARY- Nothing in this section shall
be construed to restrict the discretion of the Secretary to continue in
force, amend, or further supplement any regulations governing the use of
alcohol or controlled substances by commercial motor vehicle employees
issued before the date of enactment of this section.
`(3) INTERNATIONAL OBLIGATIONS- In issuing regulations under this section,
the Secretary shall only establish requirements that are consistent with the
international obligations of the United States, and the Secretary shall take
into consideration any applicable laws and regulations of foreign countries.
`(f) Application of Penalties-
`(1) EFFECT ON OTHER PENALTIES- Nothing in this section shall be construed
to supersede any penalty applicable to the operator of a commercial motor
vehicle under this title or any other provision of law.
`(2) DETERMINATION OF SANCTIONS- The Secretary shall determine appropriate
sanctions for commercial motor vehicle operators who are determined, as a
result of tests conducted and confirmed under this section, to have used, in
violation of law or Federal regulation, alcohol or a controlled substance
but are not under the influence of alcohol or a controlled substance,
as provided in this title.
`(g) DEFINITION- For the purposes of this section, the term `controlled
substance' means any substance under section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)) specified by the Secretary.'.
(2) The table of contents of the Commercial Motor Vehicle Safety Act of
1986 (Public Law 99-570; 100 Stat. 5223) is amended by adding at the end
thereof the following:
`Sec. 12020. Alcohol and controlled substances testing.'.
(b)(1) The Secretary of Transportation shall design within nine months after
the date of enactment of this Act, and implement within fifteen months after
the date of enactment of this Act, a pilot test program for the purpose
of testing the operators of commercial motor vehicles on a random basis
to determine whether an operator has used, in violation of law or Federal
regulation, alcohol or a controlled substance. The pilot test program
shall be administered as part of the Motor Carrier Safety Assistance Program.
(2) The Secretary shall solicit the participation of States which are
interested in participating in such program and shall select four States
to participate in the program.
(3) The Secretary shall ensure that the States selected pursuant to
this subsection are representative of varying geographical and population
characteristics of the Nation and that the selection takes into consideration
the historical geographical incidence of commercial motor vehicle accidents
involving loss of human life.
(4) The pilot program authorized by this subsection shall continue for a
period of one year.  The Secretary shall consider alternative methodologies
for implementing a system of random testing of operators of commercial
motor vehicles.
(5) Not later than thirty months after the date of enactment of this Act,
the Secretary shall prepare and submit to the Congress a comprehensive
report setting forth the results of the pilot program conducted under
this subsection.  Such report shall include any recommendations of the
Secretary concerning the desirability and implementation of a system for
the random testing of operators of commercial motor vehicles.
(6) For purposes of carrying out this subsection, there shall be available to
the Secretary $5,000,000 from funds made available to carry out section 404
of the Surface Transportation Assistance Act of 1982 (49 App. U.S.C. 2304)
for fiscal year 1992.
(7) For purposes of this subsection, the term `commercial motor vehicle'
shall have the meaning given to such term in section 12019(6) of the
Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2716(6)).
TESTING TO ENHANCE MASS TRANSPORTATION SAFETY

34f68ad4893fcb8f6183d5438baaf85827177b2082c0376fca214f5e6b2e47df

(1) `controlled substance' means any substance under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)) whose use the Secretary
has determined has a risk to transportation safety;
(2) `person' includes any corporation, partnership, joint venture,
association, or other entity organized or existing under the laws of the
United States, or any State, territory, district, or possession thereof,
or of any foreign country;
(3) `Secretary' means the Secretary of Transportation; and
(4) `mass transportation' means all forms of mass transportation except
those forms that the Secretary determines are covered adequately, for
purposes of employee drug and alcohol testing, by either the Federal
Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) or the Commercial
Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.).
(b)(1) The Secretary shall, in the interest of mass transportation safety,
issue regulations within twelve months after the date of enactment of
this Act. Such regulations shall establish a program which requires mass
transportation operations which are recipients of Federal financial
assistance under section 3, 9, or 18 of the Urban Mass Transportation
Act of 1964 (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4)
of title 23, United States Code, to conduct preemployment, reasonable
suspicion, random, and post-accident testing of mass transportation
employees responsible for safety-sensitive functions (as determined by the
Secretary) for use, in violation of law or Federal regulation, of alcohol
or a controlled substance. The Secretary may also issue regulations, as
the Secretary considers appropriate in the interest of safety, for the
conduct of periodic recurring testing of such employees for such use in
violation of law or Federal regulation.
(2) In issuing such regulations, the Secretary shall require that
post-accident testing of such a mass transportation employee be conducted
in the case of any accident involving mass transportation in which occurs
loss of human life, or, as determined by the Secretary, other serious
accidents involving bodily injury or significant property damage.
(c) The Secretary shall issue regulations setting forth requirements
for rehabilitation programs which provide for the identification and
opportunity for treatment of mass transportation employees referred to in
subsection (b)(1) who are determined to have used, in violation of law or
Federal regulation, alcohol or a controlled substance. The Secretary shall
determine the circumstances under which such employees shall be required
to participate in such program. Nothing in this subsection shall preclude
a mass transportation operation from establishing a program under this
section in cooperation with any other such operation.
(d) In establishing the program required under subsection (b), the Secretary
shall develop requirements which shall--
(1) promote, to the maximum extent practicable, individual privacy in the
collection of specimen samples;
(2) with respect to laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any subsequent
amendments thereto, including mandatory guidelines which--
(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of the
best available technology for ensuring the full reliability and accuracy
of controlled substances tests and strict procedures governing the chain
of custody of specimen samples collected for controlled substances testing;
(B) establish the minimum list of controlled substances for which individuals
may be tested; and
(C) establish appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certification
of laboratories to perform controlled substances testing in carrying out
this section;
(3) require that all laboratories involved in the testing of any
individual under this section shall have the capability and facility,
at such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of law or
Federal regulation, of alcohol or a controlled substance by any individual
shall be confirmed by a scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and labelled
in the presence of the tested individual and that a portion thereof be
retained in a secure manner to prevent the possibility of tampering, so
that in the event the individual's confirmation test results are positive
the individual has an opportunity to have the retained portion assayed by
a confirmation test done independently at a second certified laboratory
if the individual requests the independent test within three days after
being advised of the results of the confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol
in breath and body fluid samples, including urine and blood, through the
development of regulations as may be necessary and in consultation with
the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical information
(other than information relating to alcohol or a controlled substance) of
employees, except that the provisions of this paragraph shall not preclude
the use of test results for the orderly imposition of appropriate sanctions
under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
(e)(1) No State or local government shall adopt or have in effect any law,
rule, regulation, ordinance, standard, or order that is inconsistent with the
regulations issued under this section, except that the regulations issued
under this section shall not be construed to preempt provisions of State
criminal law which impose sanctions for reckless conduct leading to actual
loss of life, injury, or damage to property, whether the provisions apply
specifically to mass transportation employees, or to the general public.
(2) Nothing in this section shall be construed to restrict the discretion
of the Secretary to continue in force, amend, or further supplement any
regulations governing the use of alcohol or controlled substances by mass
transportation employees issued before the date of enactment of this Act.
(3) In issuing regulations under this section, the Secretary shall only
establish requirements that are consistent with the international obligations
of the United States, and the Secretary shall take into consideration any
applicable laws and regulations of foreign countries.
(f)(1) As the Secretary considers appropriate, the Secretary shall require--
(A) disqualification for an established period of time or dismissal of
any employee referred to in subsection (b)(1) who is determined to have
used or to have been impaired by alcohol while on duty; and
(B) disqualification for an established period of time or dismissal of any
such employee determined to have used a controlled substance, whether on
duty or not on duty, except as permitted for medical purposes by law or
any regulations.
(2) Nothing in this section shall be construed to supersede any penalty
applicable to a mass transportation employee under any other provision
of law.
(g) A person shall not be eligible for Federal financial assistance
under section 3, 9, or 18 of the Urban Mass Transportation Act of 1964
(49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4) of title 23,
United States Code, if such person--
(1) is required, under regulations prescribed by the Secretary under
this section, to establish a program of alcohol and controlled substances
testing; and
(2) fails to establish such a program in accordance with such regulations.
Attest:
Secretary.
HR 2942 EAS----2
HR 2942 EAS----3
HR 2942 EAS----4
HR 2942 EAS----5
HR 2942 EAS----6
HR 2942 EAS----7

0b4744840f3b7d7bdd77f818654d583362fd2f9d669f573d470a64ca34922a18

Department of Transportation and Related Agencies Appropriations Act, 1992

Other Sections

TITLE IV

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