omnibus_act.pdf

7/27/2019 Omnibus_Act.pdf

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PUBLIC LAW 102-143-OCT. 28, 1991 105 STAT. 17Public Law 102-143102d Congress An ActMaking appropriations for the Department of Transportation and related agencies Oct. 28, 1991for the fiscalyear ending September 30,1992, and for other purposes. [H.R. 29421

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, Tha t the following. Department ofsums are appropriated, out of any money in the Treasury not ~ ~ ~ ~ ~ $otherwise appropriated, for the Department of Transportation and Agenciesrelated agencies for the fiscal year ending September 30, 1992, and Appropriationsfor other purposes, namely: ~ c t ,992.

TITLE I-DEPARTMENT OF TRANSPORTATIONOFFICE OF THE SECRETARY

For necessary expenses of the Immediate Office of the Secretary,$1,435,000.

For necessary expenses of the Immediate Office of the DeputySecretary, $550,000.

For necessary expenses of the Office of th e General Counsel,$7,000,000.

For necessary expenses of the Office of the Assistant Secretary forPolicy and International Affairs, $8,733,000.OFFICE F THE ASSISTANTECRETARYOR BUDGETND PROGRAMSFor necessary expenses of the Office of the Assistant Secretary forBudget and Programs, $2,726,000, including not to exceed $40,000 forallocation within the Department of official reception and represen-tation expenses as the Secretary may determine.

For necessary expenses of the Office of the Assistant Secretary forGovernmental Affairs, $2,320,000.


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105 STAT. 52 PUBLICLAW 102-143-OCT. 28,1991

OmnibusTransportation TITLE V--OMNIBUS TRANSPORTATION EMPLOYEE TESTINGEmployee SHORT TITLETesting Ac t of1991.Drugs and drug SEC.1. This title may be cited as the "Omnibus Transportationabuse. Employee Testing Act of 1991".Safet49 U ~ Capp. FINDINGS1301 note.49 USC app.1434 note. SEC. . The Congress finds that-(1) alcohol abuse and illegal drug use pose significant dangersto the safety and welfare of the Nation;


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PUBLIC LAW 102-143-OCT. 28, 1991 105 STAT. 953(2) millions of the Nation's citizens utilize transportation byaircraft, railroads, trucks, and buses, and depend on the opera-tors of aircraft, trains, trucks, and buses to perform in a safe.and responsible manner;(3) the greatest efforts must be expended to eliminate theabuse of alcohol and use of illegal drugs, whether on duty or offduty, by those individuals who are involved in the operation ofaircraft, trains, trucks, and buses;(4) the use of alcohol and illegal drugs has been demonstratedto affect significantly the performance of individuals, and hasbeen proven to have been a critical factor in transportationaccidehts;(5) the testing of uniformed personnel of the Armed Forceshas shown that th e most effective deterrent to abuse of alcoholand use of illegal drugs is increased testing, including random- -

testing;(6) adequate safeguards can be implemented to ensure thattesting for abuse of alcohol or use of illegal drugs is performedin a manner which protects an individual's right of privacy,ensures that no individual is harassed by being treated dif-ferently from other individuals, and ensures that no ihdivid-ual's reputation or career development is unduly threatened orharmed; and(71 rehabilitation is a critical component of any testing pro-gram for abuse of alcohol or use of illegal drugs, and should bemade available to individuals, a s appropriate.TESTING TO ENHANCE AVIATION SAFETY

SEC. . (a) Title VI of the Federal Aviation Act of 1958 (49 App.U.S.C. 1421 et seq.) is amended by adding at the end thereof thefollowing:"SEC. 614. ALCOHOLAND CONTROLLED SUBSTANCES TESTING. 49 USC app.1434."(a) TESTINGROGRAM.-(1) PROGRAMOR EMPLOYEES OF CARRIERS.*-T~~dminis- Regulations.tra tor shall, in th e interest of aviation safety, prescribe regula-tions within 12 months after the date of enactment of thissection. Such regulations shall establish a program which re-quires air carriers and foreign air carriers to conductpreemployment, reasonable suspicion, random, and post-accident test ing of airmen, crewmembers, airport securityscreening contract personnel, and other air carrier employeesresponsible for safety-sensitive functions (as determined by theAdministrator) for use, in violation of law or Federal regulation,of alcohol or a controlled substance. The Administrator mayalso prescribe regulations, as the Administrator considersappropriate in th e interest of safety, for the conduct of periodicrecurring testing of such employees for such use in violation oflaw or Federal regulation."(2)PROGRAMOR FAA EMPLOYEES.-TheAdministrator shallestablish a program applicable to employees of the FederalAviation Administration whose duties include responsibility forsafety-sensitive functions. Such program shall provide forpreemployment, reasonable suspicion, random, and post-ac-cident testing for use, in violation of law or Federal regulation,of alcohol or a controlled substance. The Administrator may


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105 STAT. 954 PUBL IC LAW 102-143-OCT. 28 ,19 91also prescribe regulations, as the Administrator considersappropriate in the interest of safety, for the conduct of periodicrecurring tes ting of such employees for such use in violation oflaw or Federal regulation.

I((3) SUSPENSION;EVOCATION;ISQUALIFICATION;DISMISSAL.^In prescribing regulations under th e programs required by thissubsection, the Administrator shall require, as the Adminis-trator considers appropriate, the suspension or revocation ofany certificate issued to such a n individual, or the disqualiflca-tion or dismissal of any such individual, in accordance with theprovisions of this section, in any instance where a test con-ducted and confirmed under this section indicates that suchindividual ha s used, in violation of law or Federal regulation,alcohol or a controlled substance."(b)PROHIB~~'IONN SERVICE.-"(1) PROHIB~EDCT.-It is unlawful for a person to use, inviolation of law or Federal regulation, alcohol or a controlledsubstance after the date of enactment of this section and serveas a n airman, crewmember, airport security screening contractpersonnel, air camer employee responsible for safety-sensitivefunctions (as determined by the Administrator), or employee ofthe Federal Aviation Administration with responsibility forsafety-sensitive functions."(2)Enwx OF REHABILITATION.-NOndividual who is deter-mined to have used, in violation of law or Federal regulation,alcohol or a controlled substance after the date of enactment ofthis section shall serve as an airman, crewmember, airportsecurity screening contract personnel, air carrier employeeresponsible for safety-sensitive functions (as determined by theAdministrator), or employee of t he Federal Aviation Adminis-tration with responsibility for safety-sensitive functions unlesssuch individual has completed a program of rehabilitation de-sc~!bed in subsection (c) of this section.(3) PERF~RMANCEF PRIOR DUTIES PROHIBITED.-A~YU C ~individual determined by the Administrator to have used, inviolation of law or Federal regulation, alcohol or a controlledsubstance afte r 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 arehabilitation program described in subsection (c);"(C) following such determination refuses to undertakesuch a rehabilitation program; or"(Dl following such determination fails to complete sucha rehabilitation program,shall not be permitted to perform the duties relating to airtransportation which such individual performed prior to thedate of such determination."(c) PROGRAMOR REHABILITATION.-Regulations. "(1) PROGRAM FOR EMPLOYEES OF CARRIERS.-T~~dminis-tra tor shall prescribe regulations setting forth requirements for

rehabilitation programs which at a minimum provide for theidentification and opportunity for treatment of employees re-ferred to in subsection (a)(l) in need of assistance in resolvingproblems with t he use, in violation of law or Federal regulation,of alcohol or controlled substances. Each ai r carrier and foreignair carrier is encouraged to make such a program available toall of i ts employees in addition to those employees referred to in


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PUBLIC LAW 102-143-OCT. 28,1991 105STAT. 55subsection (a)(l). The Administrator shall determine the cir-cumstances under which such employees shall be required toparticipate in such a program. Nothing in this subsection shallpreclude any air carrier or foreign air carrier from establishinga program under this subsection in cooperation with any otherair carrier or foreign air carrier."(2) PROGRAMOR FAA EMPU)YEES.-T~~dministrator shallestablish and maintain a rehabilitation program which at aminimum provides for the identification and opportunity fortreatment of those employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitivefunctions who are in need of assistance in resolving problemswith the use of alcohol or controlled substances."(d) PROCEDURES FOR !~?EsTING.-~~ establishing the program re-quired under subsection (a), th e Administrator shal l develop require-ments which shall-

"(1) promote, to the maximum extent practicable, individualprivacy in the collection of specimen samples;"(2) with respect to laboratories and testing procedures forcontrolled substances, incorporate the Department of Healthand Human Services scientific and technical guidelines datedApril 11,1988, and any subsequent amendments thereto, includ-ing mandatory guidelines which-"(A) establish comprehensive standards for all aspects oflaboratory controlled substances testing and laboratoryprocedures to be applied in carrying out this section, includ-ing standards which require the use of the best availabletechnology for ensuring th e full reliability and accuracy ofcontrolled substances tests and strict procedures governingthe chain of custody of specimen samples collected forcontrolled substances testing;''03)establish th e minimum list of controlled substancesfor which individuals may be tested; and"(C) establish appropriate standards and procedures forperiodic review of laboratories and criteria for certificationand revocation of certification of laboratories to performcontrolled substances testing in carrying out this section;"(3) require that all laboratories involved in the controlledsubstances testing of any individual under this section shallhave the capability and facility, a t such laboratory, of perform-ing screening and confirmation tests;"(4) provide th at all tests which indicate the use, in violationof law or Federal regulation, of alcohol or a controlled substanceby any individual shall be confirmed by a scientifically recog-nized method of test ing capable of providing quantitative dataregarding alcohol or a controlled substance;"(5) provide that each specimen sample be subdivided, se-cured, and labelled in th e presence of th e tested individual andthat a portion thereof be retained in a secure manner to prevent

the possibility of tampering, so tha t in the event th e individual'sconfirmation test results are positive the individual has anopportunity to have th e retained portion assayed by a confirma-tion test done independently at a second certified laboratory ifthe individual requests the independent test within 3 days afterbeing advised of th e resu lts of the confirmation test;"(6) ensure appropriate safeguards for testing to detect andquantify alcohol in br eath and body fluid samples, including


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105 STAT. 956 PUBLIC LAW 102-143-OCT. 28 ,19 91urine and blood, through the development of regulations as maybe necessary and in consultation with the Depar tment of Healthand Human Services;"(7) provide for the confidentiality of test results and medicalinformation (other than information relating to alcohol or acontrolled substance) of employees, except tha t the provisions ofthis paragraph shall not preclude the use of test results for theorderly imposition of appropriate sanctions under this section;and"(8) ensure that employees are selected for tests by non-discriminatory and impartial methods, so that no employee isharassed by being treated differently from other employees insimilar circumstances."(el EFFECT N OTHERAWS ND REGULATIONS.-"(1) STATEAND LOCAL LAW AND REGULATIONS.-NOtate orlocal government shall adopt or have in effect any law, rule,regulation, ordinance, standard, or order that is inconsistentwith the regulations promulgated under this section, exceptthat the regulations promulgated under this section shall not beconstrued to preempt provisions of State criminal law which+pose sanctions for reckless conduct leading to actual loss oflife, injury, or damage to property, whether the provisions applyspecifically to employees of a n ai r carrier or foreign ai r carr ier,or to the general public."(2) OTHER EGULATIONS ISSUED BY ADMINISTRATOR.-NO~~~~~in this section shall be construed to restrict t he discretion of theAdministrator to continue in force, amend, or further supple-ment any regulations issued before the date of enactment of thi ssection th at govern the use of alcohol and controlled substancesby airmen, crewmembers, airport security screening contractpersonnel, ai r carrier employees responsible for safety-sensitivefunctions (asdetermined by the Administrator), or employees ofthe Federal Aviation Administration with responsibility forsafety-sensitive functions.

"(3) INTERNATIONALBLIGATIONS.-Inprescribing regulationsunder this section, the Administrator shall only establishrequirements applicable to foreign air carriers t ha t a re consist-ent with t he international obligations of the United States, andthe Administrator shall take into consideration any applicablelaws and regulations of foreign countries. The Secretary of Stat eand the Secretary of Transportation, jointly. shall call on themember countries of the International Civil Aviation Organiza-tion to strengthen and enforce existing standards to prohibit t heuse, in violation of law or Federal regulation, of alcohol or acontrolled substance by crew members in international civllaviation."(0DEFINITION.-For t he purposes of this section, the term 'con-trolled substance' means any substance under section 102(6) of t heControlled Substances Act (21 U.S.C. 802(6)) specified by theAdministrator.".(b)That portion of the Jable of contents of the Federal AviationAct of 1958 relating to title VI is amended by adding a t the endthereof the following:"See. 614. Alcohol and controlled substances testing."(a)Testing program."(b) Prohibition on service."(c)Program for rehabilitation.


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PUBLIC LAW 102-143-OCT. 28,1991 105 STAT. 957"(d)Procedures."(e) Effect on other laws and regulations.''(0 Definition.".

TESTING TO ENHANCE RAILROAD SAFETYSEC.4. Section 202 of the Federal Railroad Safety Act of 1970 (45U.S.C. 431) is amended by adding a t the end thereof the following:"(r)(l) In the interest of safety, the Secretary shall, within twelve Regulations.months after the date of enactment of this subsection, issue rules,regulations, standards, and orders relating to alcohol and drug usein railroad operations. Such regulations shall establish a programwhich-"(A) requires railroads to conduct preemployment, reasonablesuspicion, random, and post-accident testing of all railroademployees responsible for safety-sensitive functions (as deter-mined by th e Secretary) for use, in violation of law or Federalregulation, of alcohol or a controlled substance;"(B) equires, as he Secretary considers appropriate, disquali-fication for an established period of time or dismissal of anyemployee determined to have used or to have been impaired by

alcohol while on duty; and"(C) equires, as he Secretary considers appropriate, disquali-fication for a n established period of time or dismissal of anyemployee determined to have used a controlled substance.whether on duty or not on duty, except as permitted for medicalpurposes by law and any rules, regulations, standards, or ordersissued under thi s title.The Secretary may also issue rulesi regulations, standards, andorders, as the Secretary considers appropriate in the interest ofsafety, requiring railroads to conduct periodic recurring testing ofrailroad employees responsible for such safety sensitive functions,for use of alcohol or a controlled substance in violation of 1Aw orFederal regulation. Nothing in this subsection shall be construed torestrict the discretion of t he Secretary to continue in force, amend,or further supplement any rules, regulations, standards, and ordersgoverning th e use of alcohol and controlled substances in railroadoperations issued before th e date of enactment of this subsection."(2) In carrying out the provisions of th is subsection, the Secretaryshall develop requirements which shall-"(A) promote, to the maximum extent practicable, individualprivacy in th e collection of specimen samples;"(B)with respect to laboratories and testing procedures forcontrolled substances, incorporate the Department of Healthand Human Services scientific and technical guidelines datedApril 11,1988, and any subsequent amendments thereto, includ-ing mandatory guidelines which-"(i) establish comprehensive standards for all aspects oflaboratory controlled substances testing and laboratoryprocedures to be applied in carrying out this subsection,including standards which require the use of the best avail-able technology for ensuring the full reliability and ac-curacy of controlled substances tests and strict proceduresgoverning the chain of custody of specimen samples col-lected for controlled substances testing;''W establish the minimum list of controlled substancesfor which individuals may be tested; and


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105 STAT. 958 PUBLIC LAW 102-143-OCT. 28, 1991"(iii) establish appropriate standards and procedures forperiodic review of laboratories and criteria for certificationand revocation of certification of laboratories to performcontrolled substances testing in carrying out this subsec-tion;"(C) require that all laboratories involved in the controlledsubstances testing of any employee under this subsection shallhave the capability and facility, at such laboratory, of perform-ing screening and confirmation tests;"(D) rovide th at all tes ts which indicatk the use, in violationof law or Federal regulation, of alcohol or a controlled substanceby any employee shall be confirmed by a scientifically recog-nized method of testing capable of providing quantitative dataregarding alcohol or a controlled substance;"(E) provide that each specimen sample be subdivided, se-cured, and labelled in th e presence of the tested individual andtha t a portion thereof be retained in a secure manner to preventthe possibility of tampering, so tha t in the event the individual'sconfirmation test results are positive the individual has anopportunity to have the retained portion assayed by a confirrna-tion test done independently at a second certified laboratory ifthe individual requests the independent test within 3 days afterbeing advised of the results of th e confirmation test;"(F) ensure appropriate safeguards for testing to detect andquantify alcohol in breath and body fluid samples, includingurine and blood, through the development of regulations as maybe necessary and in consultation with the Department of Healthand Human Services;"(GI rovide for the confidentiality of test results and medicalinformation (other than information relating to alcohol or acontrolled substance) of employees, except that t he provisions ofthis subparagraph shall not preclude the use of test results forthe orderly imposition of appropriate sanctions under this

subsection; and"(HI ensure that employees are selected for tests by non-discriminatory and impartial methods, so that no employee isharassed by being treated differently from other employees insimilar circumstances.Regulations. "(3) The. Secretary shall issue rules, regulations, standards, ororders setting forth requirements for rehabilitation programs whichat a minimum provide for the identification and opportunity fortreatment of railroad employees responsible for safety-sensitivefunctions (as determined by the Secretary) in need of assistance inresolving problems with the use, in violation of law or Federalregulation, of alcohol or a controlled substance. Each railroad isencouraged to make such a program available to al l of its employeesin addition to those employees responsible for safety sensitive func-tions. The Secretary shall determine the circumstances under whichsuch employees shall be required to participate in such program.Nothing in this paragraph shall preclude a railroad from establish-ing a program under this paragraph in cooperation with any otherrailroad."(4) In carrying out the provisions of this subsection, the Secretaryshall only establish requirements that are consistent with the inter-national obligations of the United States, and the Secretary shalltake into consideration any applicable laws and regulations of for-eign countries.


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PUBLIC LAW 102-143-OCT. 28, 1991 105 STAT. 959"(5) For the purposes of this subsection, the te rm 'controlledsubstance' means any substance under section 102(6) of the Con-trolled Substances Act (21 U.S.C. 802(6))specified by the Secretary.".

TESTING TO ENHANCE MOTOR CARRIER SAFETYSEC.5. (a)(l)The Commercial Motor Vehicle Safety Act of 1986 (49App. U.S.C. 2701 et seq.) is amended by adding at the end thefollowing new section:

"SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 49 USC app.2717."(a) REGULATIONS.-The Secretary shall, in the interest ofcommercial motor vehicle safety, issue regulations within twelvemonths after the date of enactment of this section. Such regulationsshall establish a program which requires motor carr iers to conductpreemployment, reasonable suspicion, random, and post-accidenttesting of the operators of commercial motor vehicles for use, inviolation of law or Federal regulation, of alcohol or a controlledsubstance. The Secretary may also issue regulations,, as the Sec-retary considers appropriate in the interest of safety, for t he conductof periodic recurring testing of such operators for such use inviolation of law or Federal regulation."(b) TESTING.-(1)POST-ACCIDENTESTING.--In issuing such regulations, theSecretary shall require t ha t post-accident testing of the opera-tor of a commercial motor vehicle be conducted in the case ofany accident involving a commercial motor vehicle in whichoccurs loss of human life, or, as determined by th e Secretary,other serious accidents ihvohing bodily injury or significantproperty damage."(2) TESTING S PART OF MEDICAL EXAMINATION.-NO~~~~~nsubsection (a) of this section shall preclude the Secretary fromproviding in such regulations that such testing be conducted as

part of the medical examination required by subpart E of part391 of title 49, Code of Federal Regulations, with respect tothose operators of commercial motor vehicles to whom suchpart is applicable."(c) PROGRAMOR REHABILITATION.-TheSecretary shall issue Regulations.regulations setting forth requirements for rehabilitation programswhich provide for the identification and opportunity for treatmentof operators of commercial motor vehicles who are determined tohave used, in violation of law or Federal regulation, alcohol or acontrolled substance. The Secretary shall determine the cir-cumstances under which such operators shall be required to particl-pate in such program. Nothing in this subsection shall preclude amotor carrier from establishing a program under this subsection incooperation with any other motor carrier."(dl PROCEDURESOR TESTING.-In establishing the program re-quired under subsection (a) of this section, the Secretary shalldevelop requirements which shall-"(1) promote, to the maximum extent practicable, individualprivacy in the collection of specimen samples;"(2) with respect to laboratories and testing procedures forcontrolled substances, incorporate the Department of Healthand Human Services scientific and technical guidelines datedApril 11,1988, and any subsequent amendments thereto, includ-ing mandatory guidelines which-


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105 STAT. 60 PUBLIC LAW 102-143-OCT. 28,1991"(A) establish comprehensive standards for all aspects oflaboratory controlled substances testing and laboratoryprocedures to be applied in canying out this section, includ-ing standards which require the use of the best availabletechnology for ensuring the full reliability and accuracy ofcontrolled substances tests and strict procedures governingthe chain of custody of specimen samples collected forcontrolled substances testing;"(B) establish the minimum list of controlled substancesfor which individuals may be tested; and"(C)establish appropriate standards and procedures forperiodic review of laboratories and criteria for certificationand revocation of certification of laboratories to performcontrolled substances testing in carrying out this section;"(3) require that all laboratories involved in the testing of anyindividual under this section shall have the capability andfacility, at such laboratory, of performing screening and con-firmation tests;

"(4) provide tha t a ll tests which indicate the use, in violationof law or Federal regulation, of alcohol or a controlled substanceby any individual shall be confirmed by a scientifically recog-nized method of testing capable of providing quantitative datare arding alcohol or a controlled substance;%) provide that each specimen sample be subdivided, se-cured, and labelled in the presence of th e tested individual andthat a portion thereof be retained in a secure manner to preventthe possibility of tampering, so that in t he event the individual'sconfirmation test results are itive the individual has anopportunity to have the re tai nr po rt ion assayed by a confirma-tion test done independently a t a second certified laboratory ifthe individual requests the independent test within 3 days afterbeing advised of the results of the confirmation test;"(6) ensure appropriate safeguards for testing to detect andquantify alcohol in breath and body fluid samples, includingurine and blood, through the development of regulations as maybe necessary and in consultation with the Department of Healthand Human Services;"(7) provide for the confidentiality of test results and medicalinformation (other than information relating to alcohol or acontrolled substance) of employees, except th at the provisions ofthis paragraph shall not preclude the use of test results for theorderly imposition of appropriate sanctions under this section;and"(8) ensure that employees are selected for tests by non-discriminatory and impartial methods, so that no employee isharassed by being treated differently from other employees insimilar circumstances."(el EFFECT N OTHERLAWS ND REGULATIONS.-(1)STATE ND LOCAL LAW AND REGULATIONS.-NOtate orlocal government shall adopt or have in effect any law, rule,regulation, ordinance, standard, or order that is inconsistentwith the regulations issued under this section, except that theregulations issued under this section shall not be construed topreempt provisions of State criminal law which impose sanc-tions for reckless conduct leading to actual loss of life, injury, ordamage to property, whether the provisions apply specifically tocommercial motor vehicle employees, or to the general public.


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PUBLIC LAW 102-143-OCT. 28,1991"(2) OTHER EGULATIONS ISSUED BY S E C R E T A R Y . - N O ~ ~ ~ ~ ~n

this section shall be construed to restrict the discretion of theSecretary to continue in force, amend, or further supplementany regulations governing the use of alcohol or controlled sub-stances by commercial motor vehicle employees issued beforethe date of enactment of this section."(3) INTERNATIONALBLIGATIONS.-In issuing regulationsunder this section, the Secretary shall only establish require-ments that are consistent with the international obligations ofthe United States, and th e Secretary shall tak e into consider-ation any applicable laws and regulations of foreign countries."(0APPLICATIONF PENALTIES.-"(1) EFFECT N OTHER P E N A L T I E S . - N O ~ ~ ~ ~ ~n this sectionshall be construed to supersede any penalty applicable to theoperator of a commercial motor vehicle under this tit le or anyother provision of law."(2) DETERMINATIONF sA~c TIo~s .-Th e Secretary shalldetermine appropriate sanctions for commercial motor vehicleoperators who are determined, asa result of tests conducted andconfirmed under this section, to have used, in violation of law orFederal regulation, alcohol or a controlled substance but are notunder the influence of alcohol or a controlled substance, asprovided in th is title."(g)DEFINITION.-For the purposes of this section, the term 'con-trolled substance' means any substance under section 102(6) of theControlled Substances Act (21 U.S.C. 802(6)) specified by the Sec-retary.".(2) The table of contents of th e Commercial Motor Vehicle SafetyAct of 1986 (Public Law 99-570; 100 Stat. 5223) is ainended hy addinga t th e end thereof the following:

"Sec. 12020. Alcohol and controlled substances esting.".(bX1) The Secretary of Transportation shall design within ninemonths after the date of enactment of this Act, and implementwithin fifteen months afte r the date of enactment of this Act, a pilottes t program for the purpose of testing t he operators of commercialmotor vehicles on a random basis to determine whether an operatorhas used, in violation of law or Federal regulation, alcohol or acontrolled substance. The pilot test program shall be administeredaspart of the Motor Carrier Safety Assistance Program.(2) The Secretary shall solicit the participation of States which areinterested in participating in such program and shall select fourState s to participate in the program.(3) The Secretary shall ensure that t he States selected pursuant tothis subsection are representative of varying geographical and popu-lation characteristics of the Nation and tha t the selection takes intoconsideration the historical geographical incidence of commercialmotor vehicle accidents involving loss of human life.(4) The pilot program authorized by this subsection shall continuefor a period of one year. The Secretary shall consider alternativemethodologies for implementing a system of random testing ofoperators of commercial motor vehicles.(5 ) Not later than thirty months after the date of enactment ofthi s Act, the Secretary shall prepare and submit to the Congress acomprehensive report setting forth t he results of t he pilot programconducted under this subsection. Such report shall include anyrecommendations of the Secretary concerning the desirability and

105 STAT. 61

49 USC app.2717 note.

Reports.


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105 STAT. 962 PUBLIC LAW 102-143-OCT. 28, 1991implementation of a system for th e random testing of operators ofcommercial motor vehicles.(6) For purposes of carrying out this subsection, there shall beavailable to the Secretary $5,000,000 from funds made available tocarry out section 404 of the Surface Transportation Assistance Actof 1982 (49 App. U.S.C. 2304) for fiscal year 1992.(7) For purposes of this subsection, the term "commercial motorvehicle" shall have the meaning given to such term in section12019(6) of the Commercial Motor Vehicle Safety Act of 1986 (49App. U.S.C. 2716(6)).

TESTING TO ENHANCE MASS TRANSPORTATION SAFETY49 USC app. SEC.. (a)As u&d in this section, the term-1618a. (1) "controlled substance" means any substance under section102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) whoseuse the Secretary has determined has a risk to transportationsafety;(2) "person" includes any corporation, partnership, joint ven-ture, association, or other entity organized or existing under the

laws of the United States, or any State, territory, district, orpossession thereof, or of any foreign country;(3) "Secretary" means the Secretary of Transportation; and(4) "mass transportation" means all forms of mass transpor-tation except those forms that the Secretary determines arecovered adequately, for purposes of employee drug and alcoholtesting, by e ither the Federal Railroad Safety Act of 1970 (45U.S.C. 431 et seq.) or the Commercial Motor Vehicle Safety Actof 1986 (49 App. U.S.C. 2701 et seq.).Regulations. (bX1) The Secretary shall, in the interest of mass transportationsafety, issue regulations within twelve months after the date ofenactment of this Act. Such regulations shall establish a programwhich requires mass transportation operations which are recipientsof Federal financial assistance under section 3,9, or 18 of t he UrbanMass Transportation Act of 1964 (49 App. U.S.C. 1602, 1607a, or1614) or section 103(eX4) of ti tle 23, United States Code, to conduct

preemployment, reasonable suspicion, random, and post-accidenttesting of mass transportation employees responsible for safety-sensitive functions (as determined by the Secretary) for use, inviolation of law or Federal regulation, of alcohol or a controlledsubstance. The Secretary may also issue regulations, as the Sec-retary considers appropriate in the interest of safety, for the conductof periodic recurring testing of such employees for such use inviolation of law or Federal regulation.(2) In issuing such regulations, the Secretary shall require thatpost-accident testing of such a mass transportation employee beconducted in the case of any accident involving mass transportationin which occurs loss of human life, or, as determined by th e Sec-retary, other serious accidents involving bodily injury or significantproperty damage.Regulations. (c) The Secretary shall issue regulations setting forth require-ments for rehabilitation programs which provide for the identi-fication and opportunity for treatment of mass transportationemployees referred to in subsection (b)(l) who are determined tohave used, in violation of law or Federal regulation, alcohol or acontrolled substance. The Secretary shall determine the cir-cumstances under which such employees shall be required to partici-


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PUBLIC LAW 102-143-OCT. 28, 1991 105 STAT. 963pate in such program. Nothing in this subsection shall preclude amass transportation operation from establishing a program underthis section in cooperation with any other such operation.(d) In establishing the program required under subsection (b), heSecretary shall develop requirements which shall-

(1)promote, to the maximum extent practicable, individualprivacy in the collectim of specimen samples;(2) with respect to laboratories and testing procedures forcontrolled substances, incorporate the Department of Healthand Human Services scientific and technical guidelines datedApril 11,1988, and any subsequent amendments thereto, includ-ing mandatory guidelines which-(A ) establish comprehensive standards for all aspects oflaboratory controlled substances testing and laboratoryprocedures to be applied in carrying out this section, includ-ing standards which require the use of the best availabletechnology for ensuring the full reliability and accuracy ofcontrolled substances tests and strict procedures governingth e chain of custody of specimen samples collected forcontrolled substances testing;(B) stablish the minimum list of controlled substancesfor which individuals may be tested; and(C) stablish appropriate standards and procedures forperiodic review of laboratories and criteria for certificationand revocation of certification of laboratories to performcontrolled substances testing in carrying out this section;(3) require th at all laboratories involved in the testing of anyindividual under this section shall have the capability andfacility, a t such laboratory, of performing screening and con-firmation tests,(4) provide that all tests which indicate the use, in violation oflaw or Federal regulation, of alcohol or a controlled substanceby any individual shall be confirmed by a scientifically recog-nized method of testing capable of providing quantitative dataregarding 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 aportion thereof be retained in a secure manner to prevent thepossibility of tampping, so that in the event the individual'sconfirmation test results are positive the individual has anopportunity to have the retained portion assayed by a confirma-tion test done independently a t a secodd certified laboratory ifthe individual requests the independent test within three daysafter being advised of the results of the confirmation test;(6) ensure appropriate safeguards for testing to detect andquantify alcohol in breath and body fluid samples, includingurine and blood, through the development of regulations as maybe necessary and in consultation with the Department of Healthand Human Services;


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105 STAT. 964 PUBLIC LAW 102-143-OCT. 28, 1991(7) provide for the confidentiality of test results and medical

information (other than information relating to alcohol or acontrolled substance) of employees, except tha t the provisions olthis paragraph shall not preclude the use of test results for theorderly imposition of appropriate sanctions under this section;and(8) ensure th at employees are selected for tests by nondiscrim.inatory and impartial methods, so tha t no employee is harassedby being treated differently from other employees in similarcircumstances.(eX1) No State or local government shall adopt or have in effectany law, rule, regulation, ordinance, standard, or order that kinconsistent with the regulations issued under this section, exceptth at t he regulations issued under this section shall not be construedto preempt provisions of State criminal law which impose sanctionsfor reckless conduct leading to actual loss of life, injury, or damageto property, whether the provisions apply specifically'to masstransportation employees, or to the general public.(2) Nothing in this section shall be construed l21 restrict thediscretion of the Secretary to continue in force, amend, or furthersupplement any regulations governing the use of alcohol or con-trolled substances by mass transportation employees issued beforethe date of enactment of this Act.(3) In issuing regulations under this section, the Secretary shallonly establish requirementsothat ar e consistent with the inter-national obligations of the United States, and the Secretary shalltake into consideration any applicable laws and regulations of for-eign countries.(fX1) As the Secretary considers appropriate, the Secretary shalliequire-(A) disqualificatioqfor an established period of time or dismis-sal of any employed referred to in subsection (bX1)who isdetermined to have used or to have been impaired by alcohol

while on duty; and(B) isqualification for an established period of time or dismis-sa l of;any such employee determined to have used a controlledsubstance, whether on duty or not on duty, exceptas permittedfor medical purposes by law or an y regulations.(2) Nothing in this section shall be construed to supersede anypenalty applicable to a mass transportation employee under anyother provision of law.(g)A person shall not be eligible for Federal financial assistanceunder section 3, 9, or 18 of the Urban Mass Transportation Act of1964 (49 App. U.S.C. 1602, 1607a, or 1614) or section 103(e)(4)of title23, United State s Code, if such person-


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PUBLIC LAW 102-143-OCT. 28, 1991 105 STAT. 965(1)is required, under regulations prescribed by the Secretaryunder this section, to establish a program of alcohol and con-

trolled substances testing; and(2) fails to establish such a program in accordance with suchregulations.This Act may be cited as the "Department of Transportation andRelated Agencies Appropriations Act, 1992".Approved October 28, 1991.

LEGISLATIVE HISTORY-H.R. 2942:HOUSE REPORTS: Nos. 102-156 (Comm. on Appropriations) and 102-243 (Comm. ofConference).SENATE REPORTS: No. 102-148 (Comm. on Appropriations).CONGRESSIONAL RECORD, Vol. 137 (1991):July 24,considered and passed House.

Sept. 17, onsidered and passed Senate , amended.Oct. 9,House agreed to conference report; receded and concurred i n certainSenate amendments, in others with amendments.Oct. 16,Senate agreed to conference report, concurred in House amendments.WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991):Oct. 28,Presidentlal statement.

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