,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #bhdh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ae1 #bjah
 ,mr4 ,thune introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to improve ,department of            
,transportation controlled substances   
and alcohol testing1 and for other      
purposes4  #a4 ,short title  ,this ,act 
may be cited as the ,fighting ,opioid   
,abuse in ,transportation ,act4  #b4    
,rail mechanical employee controlled    
substances and alcohol testing  7a7     
,rail mechanical employees ,not later   
than #b years after the date of         
enactment of this ,act1 the ,secretary  
of ,transportation shall publish a final
 rule in the ,federal ,register revising
 the regulations promulgated under      
section #bjadj of title #di1 ,united    
,states ,code1 to designate a rail      
mechanical employee as a railroad       
employee responsible for                

safety-sensitive functions for purposes 
of that section4  7b7 ,definition of    
rail mechanical employee ,the ,secretary
 shall define the term rail mechanical  
employee by regulation under subsection 
7a74  7c7 ,savings clause ,nothing in   
this section may be construed as        
limiting or otherwise affecting the     
discretion of the ,secretary of         
,transportation to set different        
requirements by railroad size or other  
factors1 consistent with applicable law4
  #c4 ,rail yardmaster controlled       
substances and alcohol testing  7a7     
,yardmasters ,not later than #b years   
after the date of enactment of this     
,act1 the ,secretary of ,transportation 
shall publish a final rule in the       
,federal ,register revising the         
regulations promulgated under section   
#bjadj of title #di1 ,united ,states    
,code1 to designate a yardmaster as a   
railroad employee responsible for       
safety-sensitive functions for purposes 
of that section4  7b7 ,definition of    

yardmaster ,the ,secretary shall define 
the term yardmaster by regulation under 
subsection 7a74  7c7 ,savings clause    
,nothing in this section may be         
construed as limiting or otherwise      
affecting the discretion of the         
,secretary of ,transportation to set    
different requirements by railroad size 
or other factors1 consistent with       
applicable law4  #d4 ,,gao report on    
,department of ,transportation's        
collection and use of drug testing data 
7a7 ,in general ,not later than #ah     
months after the date of enactment of   
this ,act1 the ,comptroller ,general of 
the ,united ,states shall--  7#a7 review
 the ,department of ,transportation     
,drug and ,alcohol ,testing ,management 
,information ,system2 and  7#b7 submit  
to the ,committee on ,commerce1         
,science1 and ,transportation of the    
,senate and the ,committee on           
,transportation and ,infrastructure of  
the ,house of ,representatives a report 
on the review1 including recommendations

 under subsection 7c74  7b7 ,contents   
,the report under subsection 7a7 shall  
include-- 7#a7 a description of the     
process the ,department of              
,transportation uses to collect and     
record drug and alcohol testing data    
submitted by employers for each mode of 
transportation2  7#b7 an assessment of  
whether and1 if so1 how the ,department 
of ,transportation uses the data        
described in paragraph 7#a7 in carrying 
out its responsibilities2  7#c7 an      
assessment of the extent to which the   
data described in paragraph 7#a7 is     
distributed and available within the    
,department of ,transportation2 and     
7#d7 an assessment of the extent to     
which drug and alcohol positive rates   
for each mode of transportation are     
publicly available4  7c7                
,recommendations ,the report under      
subsection 7a7 may include              
recommendations regarding-- 7#a7 how the
 ,department of ,transportation can best
 use the data described in subsection   

7b77#a72  7#b7 any improvements that    
could be made to the process described  
in subsection 7b77#a72  7#c7 whether    
and1 if so1 how drug and alcohol        
positive rates for each mode of         
transportation should be made publicly  
available in an easily accessible       
format2 and  7#d7 such other            
recommendations as the ,comptroller     
,general considers appropriate4  #e4    
,transportation ,workplace ,drug and    
,alcohol ,testing ,program2 addition of 
fentanyl  7a7 ,mandatory ,guidelines for
 ,federal ,workplace ,drug ,testing     
,programs  7#a7 ,in general ,not later  
than #ahj days after the date of        
enactment of this ,act1 the ,secretary  
of ,health and ,human ,services shall   
determine whether a revision of the     
,mandatory ,guidelines for ,federal     
,workplace ,drug ,testing ,programs to  
expand the opiate category on the list  
of authorized drug testing to include   
fentanyl is justified1 based on the     
reliability and cost-effectiveness of   

available testing4  7#b7 ,revision of   
guidelines ,if the expansion of the     
opiate category is determined to be     
justified under paragraph 7#a71 the     
,secretary of ,health and ,human        
,services shall publish in the ,federal 
,register1 not later than #a year after 
the date of the determination under that
 paragraph1 a final notice of the       
revision of the ,mandatory ,guidelines  
for ,federal ,workplace ,drug ,testing  
,programs to expand the opiate category 
on the list of authorized drug testing  
to include fentanyl4  7b7 ,department of
 ,transportation drug-,testing panel ,if
 the expansion of the opiate category is
 determined to be justified under       
subsection 7a77#a7 and the ,secretary of
 ,transportation concurs with that      
determination1 the ,secretary of        
,transportation shall publish in the    
,federal ,register1 not later than #ah  
months after the date the final notice  
is published under subsection 7a77#b71 a
 final rule revising part #dj of title  

#di1 ,code of ,federal ,regulations1 to 
include fentanyl in the ,department of  
,transportation's drug-testing panel1   
consistent with the ,mandatory          
,guidelines for ,federal ,workplace     
,drug ,testing ,programs as revised by  
the ,secretary of ,health and ,human    
,services under subsection 7a74  7c7    
,savings provision ,nothing in this     
section may be construed as limiting or 
otherwise affecting any authority of the
 ,secretary of ,health and ,human       
,services or the ,secretary of          
,transportation to expand the list of   
authorized drug testing to include an   
additional substance4  #f4 ,report on   
hair testing guidelines ,not later than 
#cj days after the date of enactment of 
this ,act1 and every #cj days thereafter
 until the date that the ,secretary of  
,health and ,human ,services publishes  
in the ,federal ,register a final notice
 of scientific and technical guidelines 
for hair testing in accordance with     
section #edjb7;b7 of the ,fixing        

,america's ,surface ,transportation ,act
 7,public ,law #aad-id2 #abi ,stat4     
#acab71 the ,secretary of ,health and   
,human ,services shall submit to the    
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate and the  
,committee on ,transportation and       
,infrastructure of the ,house of        
,representatives a report on--  7#a7 the
 status of the hair testing guidelines2 
7#b7 an explanation for why the hair    
testing guidelines have not been issued2
  7#c7 a schedule1 including benchmarks1
 for the completion of the hair testing 
guidelines2 and  7#d7 an estimated date 
of completion of the hair testing       
guidelines4  #g4 ,mandatory ,guidelines 
for ,federal ,workplace ,drug ,testing  
,programs using ,oral ,fluid  7a7       
,deadline ,not later than ,december #ca1
 #bjah1 the ,secretary of ,health and   
,human ,services shall publish in the   
,federal ,register a final notice of the
 ,mandatory ,guidelines for ,federal    
,workplace ,drug ,testing ,programs     

using ,oral ,fluid1 based on the notice 
of proposed mandatory guidelines        
published in the ,federal ,register on  
,may #ae1 #bjae 7#id ,,fr #bhjed74  7b7 
,rule of construction ,nothing in this  
section may be construed as-- 7#a7      
limiting or otherwise affecting the     
discretion of the ,secretary of ,health 
and ,human ,services to revise the      
proposed mandatory guidelines described 
in subsection 7a7 to address issues     
raised during rulemaking1 including     
issues involving passive exposure to    
marijuana use1 prior to publishing the  
final notice2 or  7#b7 requiring the    
,secretary of ,health and ,human        
,services to reissue a notice of        
proposed mandatory guidelines to carry  
out subsection 7a74  #h4 ,electronic    
recordkeeping ,not later than ,december 
#ca1 #bjai1 the ,secretary of           
,transportation shall issue a final rule
 revising part #dj of title #di1 ,code  
of ,federal ,regulations1 to authorize1 
to the extent practicable1 the use of   

electronic signatures or digital        
signatures executed to electronic forms 
instead of traditional handwritten      
signatures executed on paper forms4