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[Senate Report 115-286]
[From the U.S. Government Publishing Office]

 						   Calendar No. 491

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-286

======================================================================
              FIGHTING OPIOID ABUSE IN TRANSPORTATION ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2848

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                 June 27, 2018.--Ordered to be printed
      
         
                               __________
                                     
      
                     U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2018     
      
      
      
      SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director

 						   Calendar No. 491

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-286

======================================================================
 
              FIGHTING OPIOID ABUSE IN TRANSPORTATION ACT

                                _______
                                

                 June 27, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2848]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2848) to improve Department of 
Transportation controlled substances and alcohol testing, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2848 is to improve drug and alcohol 
testing requirements for transportation workers by doing the 
following: extending testing requirements to rail mechanical 
employees and yardmasters; setting a deadline for the issuance 
of oral fluid testing guidelines; increasing the transparency 
of drug and alcohol testing data; promoting accountability for 
the issuance of regulatory actions required by prior statutes; 
and requiring mandatory testing guidelines to include fentanyl 
on the drug testing panel if justified.

                          Background and Needs

    Opioid abuse has surged in recent years, with more than 
42,000 opioid overdose deaths in 2016 alone.\1\ Opioid abuse 
negatively affects transportation safety; recent post-accident 
test data show significant increases in the number of operators 
or drivers impaired by opioids and involved in accidents.\2\ In 
addition, lab-reported Department of Transportation (DOT) drug 
testing data for safety-sensitive transportation workers from 
2011 to 2015 show increases in positive drug tests across a 
range of substances, including opiates and amphetamines.\3\ 
DOT, through its Office of Drug and Alcohol Policy and 
Compliance (ODAPC) and modal administrations, currently 
requires drug and alcohol testing for more than 12 million 
transportation workers in the aviation, trucking, railroad, 
mass transit, pipeline, and other transportation industries.\4\
---------------------------------------------------------------------------
    \1\National Institute on Drug Abuse. Nearly half of opioid-related 
overdose deaths involve fentanyl. 2018. (https://www.drugabuse.gov/
news-events/news-releases/2018/05/nearly-half-opioid-related-overdose-
deaths-involve-fentanyl)
    \2\Governors' Highway Safety Association. Drug-Impaired Driving: 
Marijuana and Opioids Raise Critical Issues for States. 2018. (https://
www.ghsa.org/resources/DUID18)
    \3\Federal Railroad Administration. MOW Final Rule Presentation; 
Drug & Alcohol Regulations, Incidents, and Trends. September 15, 2016. 
(https://rsac.fra.dot.gov/meetings/20160915.php)
    \4\DOT. Office of Drug and Alcohol Policy and Compliance. 
Employees--What are the drug & alcohol testing rules and where do I 
find them? 2018. (https://www.transportation.gov/odapc/employee). Note 
that this number includes employees subject to regulations of the 
United States Coast Guard, which is part of the Department of Homeland 
Security.
---------------------------------------------------------------------------
    Pursuant to the Omnibus Transportation Employee Testing Act 
of 1991 (P.L. 102-143), DOT follows the Department of Health 
and Human Services (HHS) Mandatory Guidelines for Federal 
Workplace Drug Testing Programs (HHS Mandatory Guidelines) to 
determine the types of drugs for which DOT requires testing.\5\ 
DOT, however, has discretion regarding many aspects of the 
regulations covering regulated modal administration programs, 
and ODAPC primarily advises DOT on such issues, publishing drug 
and alcohol testing regulations for the transportation industry 
and issuing official interpretations of those regulations.
---------------------------------------------------------------------------
    \5\See Omnibus Transportation Employee Testing Act of 1991 (P.L. 
102-143).
---------------------------------------------------------------------------
    On January 23, 2017, HHS revised its HHS Mandatory 
Guidelines to include synthetic opioids--specifically 
oxycodone, oxymorphone, hydrocodone, and hydromorphone--on the 
panel of controlled substances for which Federal agencies can 
test.\6\ Following revision of the HHS Mandatory Guidelines, on 
November 13, 2017, DOT published a final rule including these 
synthetic opioids on its drug testing panel used for 
transportation workers subject to DOT drug and alcohol testing 
regulations.\7\ Notably, fentanyl, a synthetic opioid 
responsible for approximately 19,000, or 46 percent, of the 
opioid overdose deaths in 2016, was not included on the 
panel.\8\
---------------------------------------------------------------------------
    \6\SAMHSA. Mandatory Guidelines for Federal Workplace Drug Testing 
Programs. 2017. (https://www.samhsa.gov/sites/default/files/workplace/
frn_vol_82_7920_.pdf)
    \7\DOT. Addition of Certain Schedule II Drugs to the Department of 
Transportation's Drug-Testing Panel and Certain Minor Amendments. 2017. 
(https://www.federalregister.gov/
documents/2017/11/13/2017-24397/procedures-for-transportation-
workplace-drug-and-alcohol-testing-programs-addition-of-certain)
    \8\Ibid. National Institute on Drug Abuse. 2018.
---------------------------------------------------------------------------
    Like many transportation workers across modes, railroad 
employees defined as performing safety-sensitive functions--
including engineers, conductors, brakemen, dispatching 
employees, and signal employees, among other types of 
employees--are subject to mandatory drug and alcohol 
testing.\9\ The goal of this testing is to serve as a deterrent 
for drug and alcohol use, reducing on-the-job impairment and 
therefore increasing safety. However, rail mechanical employees 
and yardmasters, who do not perform a dual role that otherwise 
would require testing, are currently not subject to mandatory 
drug and alcohol testing, despite the nexus between their work 
and safety. Moreover, because transit and aviation mechanical 
employees are generally subject to mandatory drug and alcohol 
testing requirements, extending requirements to rail mechanical 
employees and yardmasters would increase uniformity in the 
types of employees tested across modes of transportation.
---------------------------------------------------------------------------
    \9\Federal Railroad Administration. Drug and Alcohol. 2018. 
(https://www.fra.dot.gov/Page/P0345)
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    While urine, oral fluid, and hair can also be used to test 
for concentrations of controlled substances, urine testing 
currently is the only form of drug testing authorized for use 
under the HHS Mandatory Guidelines. Hair and oral fluid testing 
may offer advantages in comparison to urine testing, including 
more expedient and less invasive testing procedures, and hair 
testing may offer greater visibility on use patterns. The 
Fixing America's Surface Transportation (FAST) Act (P.L. 114-
94) required HHS to issue, not later than 1 year after the date 
of enactment, guidelines for hair testing as a method of 
detecting use of a controlled substance.\10\ However, HHS to 
date has only issued a request for information on hair testing, 
released in May 2015, before the enactment of the FAST Act.\11\ 
HHS also issued a notice of mandatory guidelines for oral fluid 
testing in May 2015, but it has yet to finalize these 
guidelines.\12\
---------------------------------------------------------------------------
    \10\FAST Act Section 5402 (codified at 49 U.S.C. Sec.  31306 note).
    \11\SAMHSA. Request for Information Regarding Specific Issues 
Related to the Use of the Hair Specimen for Drug Testing. 2015. 
(https://www.gpo.gov/fdsys/pkg/FR-2015-05-29/pdf/2015-12743.pdf)
    \12\SAMHSA. Mandatory Guidelines for Federal Workplace Drug Testing 
Programs. 2015. (https://www.gpo.gov/fdsys/pkg/FR-2015-05-15/pdf/2015-
11523.pdf)
---------------------------------------------------------------------------
    Given the number of tests conducted across the 
transportation industry, about 6 million tests annually, better 
data collection and analysis in relation to drug and alcohol 
testing provides valuable insight regarding changes in the 
types of substances used and magnitude of positive test 
rates.\13\ However, DOT currently does not have a consolidated, 
publicly accessible database to display drug and alcohol 
testing across modes of transportation and by drug type, among 
other variables. Moreover, DOT does not have a national 
database for regulators and employers to track drug and alcohol 
violations and ensure that such drivers are identified before 
operating commercial motor vehicles on public roads. To that 
end, in 2012, Congress, in the Moving Ahead for Progress in the 
21st Century Act (MAP-21; P.L. 112-141), directs the Secretary 
of Transportation to establish a national clearinghouse 
containing commercial motor vehicle operators' violations of 
the Federal Motor Carrier Safety Administration's (FMCSA) drug 
and alcohol testing program.\14\ On December 5, 2016, FMCSA 
published the final rule pursuant to the MAP-21 mandate and set 
a compliance date for January 6, 2020.\15\
---------------------------------------------------------------------------
    \13\Information Provided by the Office of Drug and Alcohol Policy 
and Compliance.
    \14\P.L. 112-141.
    \15\Federal Motor Carrier Safety Administration. Commercial 
Driver's License Drug and Alcohol Clearinghouse. 2016. (https://
www.gpo.gov/fdsys/pkg/FR-2016-12-05/pdf/2016-27398.pdf)
---------------------------------------------------------------------------

                         Summary of Provisions

    If enacted, S. 2848 would do the following:
   Close a safety gap in railroad drug and alcohol 
testing regulations by expanding testing requirements to both 
rail mechanical employees and yardmasters.
   Address a major on-going drug abuse issue by 
requiring that HHS and DOT include fentanyl in the drug-testing 
panel, subject to findings on available testing.
   Advance a more expedient and less invasive testing 
method by setting a deadline for HHS to issue mandatory 
guidelines on oral fluid testing.
   Increase transparency by requiring DOT to create a 
publicly available database of drug and alcohol testing data 
and requiring the Government Accountability Office (GAO) to 
review DOT's collection, use, and availability of drug and 
alcohol testing data.
   Promote accountability by requiring FMCSA to provide 
status reports on its implementation of the Commercial Driver's 
License Drug and Alcohol Clearinghouse and HHS to provide 
status reports on its hair testing guideline.

                          Legislative History

    S. 2848 was introduced by Senator Thune on May 15, 2018. On 
May 22, 2018, in an open Executive Session, the Committee, by 
voice vote, ordered the bill to be reported favorably with an 
amendment (in the nature of a substitute). Senator Thune 
offered an amendment (in the nature of a substitute) to improve 
the bill. The Committee accepted the bill and amendment en bloc 
by voice vote.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2848--Fighting Opioid Abuse in Transportation Act

    The Department of Transportation (DOT) issues regulations 
concerning drug and alcohol testing of workers in the 
transportation industry. The Department of Health and Human 
Services (HHS) issues guidelines concerning drug testing in 
federal workplaces.
    S. 2848 would require DOT and HHS to issue and revise 
regulations regarding who is subject to drug and alcohol 
testing and to report to the Congress regarding the 
implementation of previous regulations. The bill also would 
require DOT to establish a public database on drug and alcohol 
testing of employees in the transportation industry and to 
require the Governmental Accountability Office to complete a 
report.
    Under current law, DOT collects information from employers 
about the drug and alcohol testing of employees. S. 2848 also 
would require DOT to revise current rules about which 
categories of railroad employees are subject to drug and 
alcohol testing. CBO expects that to expand that information 
into a publicly available database, the agency would have to 
hire up to two employees over a three-year period (at an 
average annual cost of $125,000 per employee) to develop the 
database and to complete the required rulemaking and reports.
    HHS establishes the scientific and technical guidelines for 
federal drug-testing programs in the workplace. Current 
guidelines address testing for certain opioid drugs, but do not 
include testing for the synthetic opioid fentanyl. The bill 
would require HHS to update its drug testing guidelines to 
include fentanyl or to issue a report to the Congress that 
explains its decision not to do so. Based on feedback from HHS, 
CBO estimates that carrying out those activities would require 
the equivalent of about two employees for two years (at an 
average cost of about $125,000 per employee) and additional 
work from an outside contractor if HHS updated the current 
guidelines.
    As a result, CBO estimates that implementing the bill would 
cost about $1 million over the 2019-2023 period; such spending 
would be subject to the availability of appropriated amounts.
    Enacting S. 2848 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2848 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2848 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
by requiring railroads regulated by DOT to expand drug testing 
to include mechanical employees and yardmasters. Because of the 
relatively small number of these employees and the fact that 
many railroads already test them, CBO expects that the costs of 
the mandate would be small.
    In addition, the bill would impose a mandate on public and 
private employers across various transportation sectors 
regulated by DOT if HHS determines that drug testing guidelines 
should be updated to include fentanyl. In that scenario, the 
costs of the mandate would be the additional costs employers 
would incur to test their employees for use of fentanyl. 
According to DOT, approximately 5 million employees--including 
about 4 million employees who have been issued commercial 
driver's licenses--would be subject to testing. Under the 
current testing system, only a fraction are randomly tested in 
any given year. The costs of the mandate would vary depending 
on how many variants of fentanyl HHS chooses to include in its 
guidelines, and also would vary depending on the size of each 
employer. Using information from DOT and transportation 
industry sources, CBO estimates that the costs of the mandate 
could be significant, but would not exceed the annual 
thresholds for intergovernmental and private-sector mandates 
established in UMRA ($80 million and $160 million in 2018, 
respectively, adjusted annually for inflation).
    The CBO staff contact for this estimate are Sarah Puro (for 
DOT programs), Andrea Noda (for HHS programs) and Jon Sperl 
(for mandates). The estimate was reviewed by Theresa Gullo, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    Sections 2 and 3 of S. 2848, as reported, would expand to 
both rail mechanical employees and yardmasters the drug testing 
requirements applicable to other types of rail employees that 
have safety responsibilities. The Bureau of Labor Statistics 
(BLS) estimates that approximately 39,000 yardmasters and 
conductors and approximately 35,000 rail installation, repair, 
and maintenance workers are employed in the United States.\16\ 
The majority of employees included in these BLS estimates--
including conductors and rail signal employees--are already 
covered under existing DOT drug testing requirements, meaning 
the number of additional persons covered would likely be a 
small fraction of those 64,000 employees.
---------------------------------------------------------------------------
    \16\Bureau of Labor Statistics. National Industry-Specific 
Occupational Employment and Wage Estimates 482100--Rail Transportation. 
May 2017. (https://www.bls.gov/oes/current/naics4_482100.htm#00-0000)
---------------------------------------------------------------------------
    Section 6 of S. 2848 also would require HHS and DOT to 
include fentanyl in the drug testing panel if justified, and 
section 7 would set a deadline for HHS to issue mandatory 
guidelines on oral fluid testing. The promulgation of these 
guidelines by HHS and subsequent adoption by DOT through 
rulemaking would affect the approximately 12 million workers 
performing safety-sensitive transportation occupations in the 
United States.\17\ However, the changes made are not expected 
to substantially increase burden on affected employees, given 
that they are already subject to drug testing using the 
existing panel. In fact, both oral fluid and hair testing 
methods are considered to be less invasive and more expedient 
than urine testing. If hair and oral fluid samples become 
widely used in drug testing as a result of HHS's issuance, 
cumulative burden on transportation employees could foreseeably 
be reduced.
---------------------------------------------------------------------------
    \17\DOT. Office of Drug and Alcohol Policy and Compliance. 
Employees--What are the drug & alcohol testing rules and where do I 
find them?. 2018 (https://www.transportation.gov/odapc/employee). Note 
that this number includes employees subject to regulations of the 
United States Coast Guard, which is part of the Department of Homeland 
Security.
---------------------------------------------------------------------------

                            economic impact

    S. 2848, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    S. 2848, as reported, is expected to have an impact on the 
personal privacy of a small number of individuals, since the 
bill would subject rail mechanical employees and yardmasters--
currently not covered under drug testing requirements unless 
they perform a dual role that otherwise would require testing--
to mandatory drug testing. With respect to the oral testing 
provision in section 7, in addition to increasing the 
expediency of testing, this provision is intended to quicken 
the adoption of an oral sampling method for drug testing, which 
would advance the same objective as urine testing with a 
smaller impact on the privacy of individuals.

                               paperwork

    S. 2848, as reported, would reduce paperwork requirements 
for regulated entities. Section 9 of the bill would require HHS 
to approve all certified laboratories requesting use of 
paperless electronic chain of custody forms used in the course 
of drug testing. As major laboratories responsible for the 
majority of drug testing in the United States transition to 
completely paperless electronic chain of custody systems, the 
paperwork burden on employers, collectors, and laboratories 
would significantly decrease. In addition, section 10 would 
require FMCSA to provide status reports on its implementation 
of the Commercial Driver's License Drug and Alcohol 
Clearinghouse, and section 8 would require HHS to provide 
status reports on its hair testing guidelines. These two 
reporting requirements are expected to result in a very small 
increase in paperwork for those agencies, as necessary for the 
status reports, up until the date of full implementation or 
compliance with the underlying statutory requirements.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``Fighting Opioid Abuse in Transportation Act.''

Section 2. Rail mechanical employee controlled substances and alcohol 
        testing.

    This section would require the Secretary of Transportation 
to publish a final rule to designate rail mechanical employees 
as employees responsible for safety-sensitive functions for the 
purposes of railroad drug and alcohol testing requirements. In 
effect, this section would make such requirements applicable to 
rail mechanical employees, similar to other types of railroad 
employees with safety responsibilities, such as engineers or 
conductors. The section would require the Secretary of 
Transportation to define the term ``rail mechanical employee'' 
by regulation.

Section 3. Rail yardmaster controlled substances and alcohol testing.

    This section would require the Secretary of Transportation 
to publish a final rule to designate yardmasters as employees 
responsible for safety-sensitive functions for the purpose of 
railroad drug and alcohol testing requirements. In effect, this 
section would make such requirements applicable to yardmasters, 
similar to other types of railroad employees with safety 
responsibilities, such as engineers or conductors. The section 
would require the Secretary of Transportation to define the 
term ``yardmaster'' by regulation.

Section 4. Department of Transportation public drug and alcohol testing 
        database.

    This section would require the Secretary of Transportation 
to establish and make publicly available on its website a 
database of drug and alcohol testing data reported by employers 
for each mode of transportation and to update the database 
annually. This section would require the database to include, 
for each mode of transportation, the following: the number of 
tests by substance tested; results of the tests by substance; 
the reasons for the tests; and the number of individuals who 
refused testing. This database is intended to provide greater 
transparency of drug and alcohol testing data by making it 
available in a more consolidated and easily accessible format. 
This section would include protections for commercially 
sensitive data and for ensuring individual employers and 
employees are not identified.

Section 5. GAO report on department of transportation's collection and 
        use of drug testing data.

    This section would require GAO to review DOT's Drug and 
Alcohol Testing Information Management System and to submit a 
report on the review to relevant congressional committees. The 
report would include a description of data collection 
processes, an assessment of data use, and an assessment of the 
public database, along with potential recommendations for how 
the management of drug and alcohol testing data could be 
improved.

Section 6. Transportation workplace drug and alcohol testing program; 
        addition of fentanyl.

    This section would require the Secretary of Health and 
Human Services to determine, within 6 months, whether the 
inclusion of fentanyl on the panel of drugs authorized for 
testing is justified, based on the reliability and cost-
effectiveness of available testing. If the Secretary does find 
that the inclusion of fentanyl is justified, the agency would 
be required to issue a revision to the mandatory guidelines to 
include fentanyl on the panel within 18 months of the date of 
the determination. If the Secretary finds that the inclusion of 
fentanyl is not justified, the agency would be required to 
submit a report to Congress explaining, in detail, the reasons 
for its determination.
    Within 18 months of the Secretary of Health and Human 
Services publishing the final notice to revise the mandatory 
guidelines to include fentanyl, pursuant to this section, the 
Secretary of Transportation would be required to publish a 
final rule adding fentanyl to DOT's drug testing panel.

Section 7. Status reports on hair testing guidelines.

    This section would require the Secretary of Health and 
Human Services to report to Congress on the status of the final 
notice for the statutorily-required scientific and technical 
guidelines for hair testing, within 30 days of enactment of 
this bill and every 6 months thereafter, until the agency 
publishes a final notice of guidelines for hair testing. The 
section would require the report to include the following: an 
explanation of why the guidelines have not been issued; a 
schedule, including benchmarks, for the completion of the 
guidelines; and an estimated date of completion for the 
guidelines. The section would include a provision to address 
positive test results, of the individual being tested, caused 
solely by the drug use of others and not caused by the drug use 
of the individual being tested.
    In addition, the Committee directs HHS to conduct, every 60 
days starting from the date of enactment of this bill and until 
the issuance of the final notice of guidelines for hair 
testing, staff-level briefings with the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. The briefings should include an explanation of 
why the guidelines have not been issued; a schedule, including 
benchmarks, for the completion of the guidelines; and an 
estimated date of completion for the guidelines.

Section 8. Mandatory guidelines for Federal workplace drug testing 
        programs using oral fluid.

    This section would require the Secretary of Health and 
Human Services to publish a final notice of mandatory 
guidelines for oral fluid testing not later than December 31, 
2018, based on the notice of proposed mandatory guidelines 
published in 2015. The section would include a provision to 
address positive test results, of the individual being tested, 
caused solely by the drug use of others and not caused by the 
drug use of the individual being tested.

Section 9. Electronic recordkeeping.

    This section would require the Secretary of Health and 
Human Services, not later than 1 year from the date of 
enactment of this bill, to ensure each certified laboratory 
that requests the use of paperless electronic chain of custody 
forms receives approval. This section also would require the 
Secretary of Transportation, not later than 30 months from the 
date of enactment of this bill, to issue a final rule 
authorizing the use of electronic signatures for all paperless 
chain of custody forms under part 40 of title 49, Code of 
Federal Regulations.

Section 10. Status reports on Commercial Driver's License Drug and 
        Alcohol Clearinghouse.

    This section would require FMCSA to submit a report to 
Congress biannually on the implementation of the final rule for 
the Commercial Driver's Drug and Alcohol Clearinghouse, until 
such rule is fully implemented. The report would include an 
updated schedule for implementation of the rule as soon as 
practicable and a description of actions taken by FMCSA to 
implement the rule before the compliance date of January 6, 
2020.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]
```