Preventing Opioid and Drug Impairment in Transportation Act

II Calendar No. 634 116TH CONGRESS 2D SESSION S. 2979 [Report No. 116–328] To improve drug testing for transportation-related activities. IN THE SENATE OF THE UNITED STATES DECEMBER 4, 2019 Mr. WICKER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 15, 2020 Reported by Mr. WICKER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To improve drug testing for transportation-related activities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Preventing Opioid and Drug Impairment in Transpor- 5 tation Act’’. 6 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2979 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Amtrak employee controlled substances and alcohol testing records. Sec. 3. Alcohol and controlled substance reporting of Amtrak locomotive engi- neers and conductors. Sec. 4. Safety-sensitive personnel study. Sec. 5. Interstate drug and alcohol oversight. Sec. 6. Impaired driving study. Sec. 7. Roadside oral fluid drug screening. Sec. 8. GAO report on Department of Transportation drug testing panel. Sec. 9. Transportation workplace drug and alcohol testing program; status re- ports on addition of fentanyl. Sec. 10. Status reports on scientific and technical guidelines for hair testing of transportation employees. SEC. 2. AMTRAK EMPLOYEE CONTROLLED SUBSTANCES 3 AND ALCOHOL TESTING RECORDS. 4 (a) SUPERVISORY TRAINING.—Not later than 1 year 5 after the date of the enactment of this Act, the National 6 Railroad Passenger Corporation (commonly known as 7 ‘‘Amtrak’’) shall submit a report to the Committee on 8 Commerce, Science, and Transportation of the Senate and 9 the Committee on Transportation and Infrastructure of 10 the House of Representatives that describes the methods 11 used by Amtrak to ensure that supervisors of employees 12 in safety-sensitive positions receive the required training 13 on how to detect drug and alcohol use. 14 (b) ELECTRONIC DATABASE.—Not later than 18 15 months after the date of the enactment of this Act, Am- 16 trak shall establish— 17 (1) an electronic database of all safety-sensitive 18 positions to record data on employee drug and alco- 19 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2979 RS hol tests to replace collection of such data through 1 paper records; and 2 (2) effective procedures to track and monitor 3 drug and alcohol testing maintained in the electronic 4 database. 5 (c) MEASURES.—Not later than 18 months after the 6 date of the enactment of this Act, Amtrak shall submit 7 a report to the Committee on Commerce, Science, and 8 Transportation of the Senate and the Committee on 9 Transportation and Infrastructure of the House of Rep- 10 resentatives that describes the measures implemented to 11 improve compliance with proper self-reporting of employee 12 prescription drug use. 13 SEC. 3. ALCOHOL AND CONTROLLED SUBSTANCE REPORT- 14 ING OF AMTRAK LOCOMOTIVE ENGINEERS 15 AND CONDUCTORS. 16 (a) REVIEW.—Not later than 1 year after the date 17 of the enactment of this Act, the Secretary of Transpor- 18 tation shall determine whether the regulations set forth 19 in parts 240 and 242 of title 49, Code of Federal Regula- 20 tions, promulgated pursuant to sections 20135 and 20163 21 of title 49, United States Code, in order to protect the 22 traveling public, should be revised to require locomotive 23 engineers and conductors or personnel seeking initial cer- 24 tification to become a locomotive engineer or a conductor 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2979 RS for Amtrak to report arrests due to drug or alcohol of- 1 fenses immediately or as soon as practicable. 2 (b) RULEMAKING.—If the Secretary of Transpor- 3 tation determines that the regulations referred to in sub- 4 section (a) should be revised in accordance with such sub- 5 section, the Secretary shall— 6 (1) notify the Committee on Commerce, 7 Science, and Transportation of the Senate and the 8 Committee on Transportation and Infrastructure of 9 the House of Representatives of such determination; 10 and 11 (2) not later than 18 months after such deter- 12 mination, publish a notice in the Federal Register of 13 a proposed revision to such regulations to require lo- 14 comotive engineers and conductors, or personnel 15 seeking initial certification to become a locomotive 16 engineer or a conductor for Amtrak, to report ar- 17 rests due to drug or alcohol offenses immediately or 18 as soon as practicable. 19 SEC. 4. SAFETY-SENSITIVE PERSONNEL STUDY. 20 Not later than 180 days after the date of the enact- 21 ment of this Act, the Secretary of Transportation shall 22 submit a report to Congress that— 23 (1) describes the ability of pipeline companies 24 that operate from Canada or Mexico into the United 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2979 RS States to conduct the same drug and alcohol tests 1 that are required of personnel in the United States 2 on safety-sensitive personnel who— 3 (A) work outside of the United States; and 4 (B) have responsibilities related to main- 5 taining and controlling pipeline in the United 6 States; and 7 (2) indicates whether such operators have suffi- 8 cient drug and alcohol testing procedures in place to 9 ensure safe operations of pipeline facilities located 10 within the United States. 11 SEC. 5. INTERSTATE DRUG AND ALCOHOL OVERSIGHT. 12 (a) IN GENERAL.—Not later than 18 months after 13 the date of the enactment of this Act, the Secretary of 14 Transportation shall amend the auditing program for the 15 drug and alcohol regulations in part 199 of title 49, Code 16 of Federal Regulations, in order to improve the efficiency 17 and processes of such regulations as applied to operators 18 and pipeline contractors working for multiple pipeline op- 19 erators in multiple States. In making such amendments, 20 the Secretary shall minimize duplicative audits of the 21 same operators, and thereby contractors working for those 22 companies, by the Pipeline and Hazardous Materials Safe- 23 ty Administration and multiple State agencies. 24 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2979 RS (b) LIMITATION.—Nothing in this Act may be con- 1 strued to require modification of the inspection or enforce- 2 ment authority of any Federal agency or State. 3 SEC. 6. IMPAIRED DRIVING STUDY. 4 (a) STUDY.—The Administrator of the National 5 Highway Traffic Safety Administration (referred to in this 6 Act as the ‘‘NHTSA’’) shall conduct a study regarding 7 the ways in which the NHTSA can reduce and better de- 8 tect impaired driving, including marijuana- and opioid-im- 9 paired driving. 10 (b) REPORTS.—Not later than 2 years after the date 11 of the enactment of this Act, and biennially thereafter for 12 the following 4 years, the Secretary of Transportation, in 13 cooperation with other Federal agencies, as appropriate, 14 shall submit a report to Congress that— 15 (1) describes the activities undertaken pursuant 16 to subsection (a); 17 (2) provides an update on the progress of the 18 study conducted pursuant to subsection (a); and 19 (3) includes the results of the study if the study 20 has been completed. 21 SEC. 7. ROADSIDE ORAL FLUID DRUG SCREENING. 22 (a) DEFINED TERM.—In this section, the term ‘‘on- 23 site’’ refers to oral fluid drug screening devices that are 24 used at roadside or at the station. 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2979 RS (b) STUDY.—The Secretary of Transportation, in 1 consultation with the heads of appropriate Federal agen- 2 cies and local law enforcement officers and prosecutors, 3 shall conduct a study regarding the accuracy of onsite oral 4 fluid screening for tetrahydrocannabinol (referred to in 5 this section as ‘‘THC’’) and opiate presence in order to 6 reduce the potential impact on traffic safety due to drug 7 and polysubstance-impaired drivers. 8 (c) ISSUES TO BE EXAMINED.—In conducting the 9 study under subsection (b), the Secretary shall examine— 10 (1) the status of onsite oral fluid drug screen- 11 ing technology that is available at the time the study 12 is conducted; 13 (2) the reliability and accuracy of the devices 14 referred to in paragraph (1) to determine the pres- 15 ence and amount of THC and opiate, as confirmed 16 by toxicology results; 17 (3) oral fluid research and pilot programs in 18 the United States and in other countries to assess 19 how the technology referred to in paragraph (1) is 20 being utilized; 21 (4) State-based policies regarding implied con- 22 sent and testing in impaired driving cases; 23 (5) practical considerations for the deployment 24 of this technology in the field; and 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2979 RS (6) any legal and policy issues that may arise 1 from the deployment of this technology. 2 (d) REPORT.— 3 (1) IN GENERAL.—Not later than 4 years after 4 the date of the enactment of this Act, the Secretary, 5 in cooperation with appropriate Federal agencies, 6 shall submit a report to the Committee on Com- 7 merce, Science, and Transportation of the Senate 8 and the Committee on Transportation and Infra- 9 structure of the House of Representatives that con- 10 tains the results of the study conducted pursuant to 11 subsection (b). 12 (2) CONTENTS.—The report required under 13 paragraph (1) shall include— 14 (A) the findings of the Secretary based on 15 the study, including— 16 (i) an overview of the extent of the 17 drug and polysubstance-impaired driving 18 problem and a discussion of how new 19 screening technologies can potentially as- 20 sist in better capturing the magnitude and 21 characteristics of the problem; 22 (ii) an assessment of the accuracy and 23 reliability of onsite oral fluid screening 24 technology; 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2979 RS (iii) a description and assessment of 1 current State laws relating to the use of 2 oral fluid screening technology; 3 (iv) a determination about whether 4 oral fluid screening technology is a viable 5 option to assist law enforcement officers in 6 confirming the presence of a drug respon- 7 sible for observed impairment of a driver; 8 (v) a determination about whether on- 9 site oral fluid screening technology can be 10 effectively incorporated into existing driv- 11 ing under the influence investigation proto- 12 cols; and 13 (vi) an overview of future research 14 needs; and 15 (B) the recommendations of the Secretary 16 based on the study, as appropriate, including— 17 (i) effective and efficient methods for 18 training law enforcement personnel, includ- 19 ing drug recognition experts, to detect 20 whether a motor vehicle operator is under 21 the influence through the use of onsite oral 22 fluid technology in combination with exist- 23 ing driving under the influence investiga- 24 tion protocols; 25 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2979 RS (ii) if feasible, model guidelines for 1 the technology referred to in clause (i); 2 (iii) methodologies for evaluating oral 3 fluid use to facilitate increased data collec- 4 tion and analysis and to determine optimal 5 strategies for deploying the technology re- 6 ferred to in clause (i) as part of a pilot 7 program and standard operating procedure 8 in driving under the influence investiga- 9 tions; and 10 (iv) future steps, including a timeline 11 for implementing such steps, that the 12 NHTSA will take to advance research in 13 onsite drug screening technology. 14 SEC. 8. GAO REPORT ON DEPARTMENT OF TRANSPOR- 15 TATION DRUG TESTING PANEL. 16 (a) IN GENERAL.—Not later than 2 years after the 17 date of the enactment of this Act, the Comptroller General 18 of the United States shall— 19 (1) review the Department of Transportation’s 20 process for setting guidelines and drug testing re- 21 quirements for transportation employees subject to 22 the Department’s drug and alcohol testing policies; 23 and 24 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2979 RS (2) submit a report to the Committee on Com- 1 merce, Science, and Transportation of the Senate 2 and the Committee on Transportation and Infra- 3 structure of the House of Representatives that sum- 4 marizes the results of such review. 5 (b) CONTENTS.—The report required under sub- 6 section (a)(2) shall include— 7 (1) a description of the process used by the De- 8 partment of Health and Human Services for adding 9 and removing categories of drugs to and from the 10 Federal workplace drug testing requirements; 11 (2) an evaluation of the dependence of the De- 12 partment of Transportation on the Department of 13 Health and Human Services’ determination whether 14 to add new categories of drugs to the testing panel; 15 and 16 (3) an assessment of whether the process used 17 by the Department of Health and Human Services 18 for adding and removing categories of drugs to and 19 from the Federal workplace drug testing require- 20 ments sufficiently addresses the needs of the trans- 21 portation industry for drug and alcohol testing to 22 prevent drug and alcohol-related incidents. 23 VerDate Sep 11 2014 01:35 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2979.RS S2979 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2979 RS SEC. 9. TRANSPORTATION WORKPLACE DRUG AND ALCO- 1 HOL TESTING PROGRAM; STATUS REPORTS 2 ON ADDITION OF FENTANYL. 3 Not later than 30 days after the date of enactment 4 of [Text truncated for display. Full text available on Congress.gov.]