,,ii ,calendar ,no4 #dia #aaeth         
,,congress  #b;d ,session  ,s4 #bhdh    
,report ,no4 #aae-bhf ,,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
  ,june #bg1 #bjah,reported by ,mr4     
,thune1 with an amendment,strike out all
 after the enacting clause and insert   
the part printed in italic  ,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  #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 ,department of     
,transportation public drug and alcohol 
testing database  7a7 ,in general       
,subject to subsection 7c71 the         
,secretary of ,transportation shall--   
7#a7 not later than ,march #ca1 #bjai1  
establish and make publicly available on
 its website a database of the drug and 
alcohol testing data reported by        
employers for each mode of              
transportation2 and  7#b7 update the    
database annually4  7b7 ,contents ,the  
database under subsection 7a7 shall     
include1 for each mode of               
transportation--  7#a7 the total number 
of drug and alcohol tests by type of    
substance tested2  7#b7 the drug and    

alcohol test results by type of         
substance tested2  7#c7 the reason for  
the drug or alcohol test1 such as       
pre-employment1 random1 post-accident1  
reasonable suspicion or cause1          
return-to-duty1 or follow-up1 by type of
 substance tested2 and  7#d7 the number 
of individuals who refused testing4  7c7
 ,commercially sensitive data ,the      
,department of ,transportation shall not
 release any commercially sensitive data
 furnished by an employer under this    
section unless the data is aggregated or
 otherwise in a form that does not      
identify the employer providing the     
data4  7d7 ,savings clause ,nothing in  
this section may be construed as        
limiting or otherwise affecting the     
requirements of the ,secretary of       
,transportation to adhere to            
requirements applicable to confidential 
business information and sensitive      
security information1 consistent with   
applicable law4  #e4 ,,gao report on    
,department of ,transportation's        

collection and use of drug and alcohol  
testing data  7a7 ,in general ,not later
 than #b years after the date the       
,department of ,transportation public   
drug and alcohol testing database is    
established under section #d1 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 and  7#c7 an  
assessment of the ,department of        
,transportation public drug and alcohol 
testing database under section #d4  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 the ,department of      
,transportation public drug and alcohol 
testing database under section #d could 
be made more effective2 and  7#d7 such  
other recommendations as the            
,comptroller ,general considers         
appropriate4  #f4 ,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--  7,a7 notify the      
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate and the  
,committee on ,transportation and       
,infrastructure of the ,house of        
,representatives of the determination2  
and  7,b7 publish in the ,federal       
,register1 not later than #ah months    

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  7#c7 ,report ,if the         
expansion of the opiate category is     
determined not to be justified under    
paragraph 7#a71 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 
explaining1 in detail1 the reasons the  
expansion of the opiate category on the 
list of authorized drugs to include     
fentanyl is not justified4  7b7         
,department of ,transportation          
drug-testing panel ,if the expansion of 
the opiate category is determined to be 
justified under subsection 7a77#a71 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-- 7#a7      
delaying the publication of the notices 
described in sections #g and #h of this 
,act until the ,secretary of ,health and
 ,human ,services makes a determination 
or publishes a notice under this        
section2 or  7#b7 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  #g4 ,status      
reports on hair testing guidelines  7a7 
,in general ,not later than #cj days    
after the date of enactment of this     
,act1 and every #ahj 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  7b7 ,requirement ,to the   
extent practicable and consistent with  
the objective of the hair testing       
described in subsection 7a7 to detect   
illegal or unauthorized use of          
substances by the individual being      
tested1 the final notice of scientific  
and technical guidelines under that     
subsection shall eliminate positive test
 results1 of the individual being       
tested1 caused solely by the drug use of
 others and not caused by the drug use  
of the individual being tested4  #h4    
,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 
,requirement ,to the extent practicable 
and consistent with the objective of the
 testing described in subsection 7a7 to 
detect illegal or unauthorized use of   
substances by the individual being      
tested1 the final notice of scientific  
and technical guidelines under that     
subsection shall eliminate positive test
 results1 of the individual being       
tested1 caused solely by the drug use of
 others and not caused by the drug use  
of the individual being tested4  7c7    
,rule of construction ,nothing in this  
section may be construed as requiring   
the ,secretary of ,health and ,human    
,services to reissue a notice of        
proposed mandatory guidelines to carry  
out subsection 7a74  #i4 ,electronic    
recordkeeping  7a7 ,deadline ,not later 
than #a year after the date of enactment

 of this ,act1 the ,secretary of ,health
 and ,human ,services shall--  7#a7     
ensure that each certified laboratory   
that requests approval for the use of   
completely paperless electronic ,federal
 ,drug ,testing ,custody and ,control   
,forms from the ,national ,laboratory   
,certification ,program's ,electronic   
,custody and ,control ,form systems     
receives approval for those completely  
paperless electronic forms instead of   
forms that include any combination of   
electronic traditional handwritten      
signatures executed on paper forms2 and 
7#b7 establish a deadline for a         
certified laboratory to request approval
 under paragraph 7#a74  7b7 ,savings    
clause ,nothing in this section may be  
construed as limiting or otherwise      
affecting any authority of the          
,secretary of ,health and ,human        
,services to grant approval to a        
certified laboratory for use of         
completely paperless electronic ,federal
 ,drug ,testing ,custody and ,control   

,forms1 including to grant approval     
outside of the process under subsection 
7a74  7c7 ,electronic signatures ,not   
later than #ah months after the date of 
the deadline under subsection 7a77#b71  
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     
#aj4 ,status reports on ,commercial     
,driver's ,license ,drug and ,alcohol   
,clearinghouse  7a7 ,in general ,not    
later than #ahj days after the date of  
enactment of this ,act1 and biannually  
thereafter until the compliance date1   
the ,administrator of the ,federal      
,motor ,carrier ,safety ,administration 
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 status 
report on implementation of the final   
rule for the ,commercial ,driver's      
,license ,drug and ,alcohol             
,clearinghouse 7#ha ,,fr #hgfhf71       
including--  7#a7 an updated schedule1  
including benchmarks1 for implementing  
the final rule as soon as practicable1  
but not later than the compliance date2 
and  7#b7 a description of each action  
the ,federal ,motor ,carrier ,safety    
,administration is taking to implement  
the final rule before the compliance    
date4  7b7 ,definition of compliance    
date ,in this section1 the term         
compliance date means the earlier of--  
7#a7 ,january #f1 #bjbj2 or  7#b7 the   
date that the national clearinghouse    
required under section #cacjf;a of title
 #di1 ,united ,states ,code1 is         
operational4  ,june #bg1 #bjah,reported 
with an amendment