Appendix B

PUBLIC LAW 102-143-OCT.

Public Law 102-143
102d Congress

28, 1991

105 STAT.917

An Act

Making appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30,1992, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following.
sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1992, and
for other purposes, namely:
TITLE I-DEPARTMENT

Oct. 28, 1991
[H.R. 29421
Department of

~ ~ ~ ~ ~ $ ' '

Agencies
Appropriations
~ c t1992.
,

OF TRANSPORTATION

OFFICE 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 Deputy
Secretary, $550,000.

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

For necessary expenses of the Office of the Assistant Secretary for
Policy and International Affairs, $8,733,000.
SECRETARY
FOR BUDGET
AND PROGRAMS
OFFICEOF THE ASSISTANT
For necessary expenses of the Office of the Assistant Secretary for
Budget and Programs, $2,726,000, including not to exceed $40,000 for
allocation within the Department of official reception and representation expenses as the Secretary may determine.

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

105 STAT.952

Omnibus
Transportation
Employee
Testing Act of
1991.
Drugs and drug
abuse.
Safet
49 U ~ aapp.
C
1301 note.
49 USC app.
1434 note.

PUBLIC LAW 102-143-OCT. 28,1991

TITLE V--OMNIBUS TRANSPORTATION EMPLOYEE TESTING
SHORT TITLE

SEC.1. This title may be cited as the "Omnibus Transportation
Employee Testing Act of 1991".
FINDINGS

SEC.2. The Congress finds that(1) alcohol abuse and illegal drug use pose significant dangers
to the safety and welfare of the Nation;

PUBLIC LAW 102-143-OCT.

28, 1991

105 STAT. 953

(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
accidehts;
(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 ihdividual's reputation or career development is unduly threatened or
harmed; and
(71 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

SEC.3. (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 the
following:
"SEC. 614. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

"(a)

TESTING
PROGRAM.(1) PROGRAM
FOR EMPLOYEES

OF CARRIERS.*-T~~
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 postaccident 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.-TheAdministrator 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

49 USC app.
1434.

Regulations.

105 STAT. 954

Regulations.

PUBLIC LAW 102-143-OCT.

28,1991

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.
I(
(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 a n individual, or the disqualiflcation 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)PROHIB~~'ION
ON SERVICE."(1) PROHIB~ED
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 a n airman, crewmember, airport security screening contract
personnel, air camer 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) Enwx 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 desc~!bed in subsection (c) of this section.
OF PRIOR DUTIES PROHIBITED.-A~Y
SUC~
(3) PERF~RMANCE
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
"(Dl 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.-T~~
Administrator shall prescribe regulations setting forth requirements for
rehabilitation programs which a t a minimum provide for the
identification and opportunity for treatment of employees referred to in subsection (a)(l) 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

PUBLIC LAW 102-143-OCT.

28,1991

105 STAT.955

subsection (a)(l). 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 EMPU)YEES.-T~~
Administrator shall
establish and maintain a rehabilitation program which a t a
minimum provides for the identification and opportunity for
treatment of those employees of the Federal Aviation Adminis
tration 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 !~?EsTING.-~~ 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;
''03) 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, a t 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

105 STAT. 956

PUBLIC LAW 102-143-OCT.

28,1991

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.
"(el EFFECTON OTHER
LAWSAND REGULATIONS."(1) STATEAND 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
+pose 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) OTHERREGULATIONS ISSUED BY ADMINISTRATOR.-NO~~~~~
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.-Inprescribing 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 civll
aviation.
"(0 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 Jable of contents of the Federal Aviation
Act of 1958 relating to title VI is amended by adding a t the end
thereof the following:
"See. 614. Alcohol and controlled substances testing.
"(a)Testing program.
"(b) Prohibition on service.
"(c)Program for rehabilitation.

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 SAFETY

SEC.4. Section 202 of the Federal Railroad Safety Act of 1970 (45
U.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 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 rulesi 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 1Aw 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;
''W establish the minimum list of controlled substances
for which individuals may be tested; and

105 STAT. 958

Regulations.

PUBLIC LAW 102-143-OCT.

28, 1991

"(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 indicatk 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 confirrnation 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;
"(GIprovide 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
"(HI 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
a t 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.

PUBLIC LAW 102-143-OCT.

28, 1991

105 STAT. 959

"(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

SEC.5. (a)(l)The Commercial Motor Vehicle Safety Act of 1986 (49
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.

49 USC app.
2717.

"(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 ihvohing bodily injury or significant
property damage.
"(2) TESTINGAS PART OF MEDICAL E X A M I N A T I O N . - N Oin~ ~ ~ ~ ~
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.-TheSecretary shall issue Regulations.
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 particlpate 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.
"(dl 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-

PUBLIC LAW 102-143-OCT. 28, 1991

105 STAT.960

"(A) establish comprehensive standards for all aspects of
laboratory controlled substances testing and laboratory
procedures to be applied in canying 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
re arding alcohol or a controlled substance;
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
itive the individual has an
opportunity to have the retainrportion assayed by a confirmation test done independently a t 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.
"(el EFFECTON OTHERLAWSAND REGULATIONS.(1) STATEAND 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.

%)

PUBLIC LAW 102-143-OCT. 28,1991

105 STAT.961

"(2) OTHERREGULATIONS ISSUED BY S E C R E T A R Y . - N Oin~ ~ ~ ~ ~
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.
"(0APPLICATION
OF PENALTIES."(1) EFFECTON OTHER P E N A L T I E S . - N O 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 sA~cTIo~s.-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 ainended hy adding
a t the end thereof the following:
"Sec. 12020. Alcohol and controlled substances testing.".

(bX1) The Secretary of Transportation shall design within nine 49 USC app.
months after the date of enactment of this Act, and implement 2717 note.
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 Reports.
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

105 STAT. 962

PUBLIC LAW 102-143-OCT.

28, 1991

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

49 USC app.
1618a.

Regulations.

Regulations.

SEC.6. (a) As u&d 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;
(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.).
(bX1) 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(eX4) of title 23, United States Code, to conduct
preemployment, reasonable suspicion, random, and post-accident
testing of mass transportation employees responsible for safetysensitive 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)(l) 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 partici-

PUBLIC LAW 102-143-OCT.

28, 1991

105 STAT. 963

pate 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 collectim 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, a t 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 tampping, 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 a t a secodd 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;

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 a
controlled substance) of employees, except that the provisions ol
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 nondiscrim.
inatory and impartial methods, so that no employee is harassed
by being treated differently from other employees in similar
circumstances.
(eX1) No State or local government shall adopt or have in effect
any law, rule, regulation, ordinance, standard, or order that k
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 l21 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 requirementsothat 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.
(fX1) As the Secretary considers appropriate, the Secretary shall
iequire(A) disqualificatioqfor an established period of time or dismissal of any employed referred to in subsection (bX1) 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-

PUBLIC LAW 102-143-OCT.

28, 1991

105 STAT. 965

(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.
This Act may be cited as the "Department of Transportation and
Related 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. of
Conference).
SENATE REPORTS: No. 102-148 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 137 (1991):
July 24,considered and passed House.
Sept. 17,considered and passed Senate, amended.
Oct. 9, House agreed to conference report; receded and concurred in certain
Senate 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.