H. R. 1758—476
44912, 44935, 44936, or 44938(b)(3) of this title to another depart-
ment, agency, or instrumentality of the United States Government.
§ 44938. Reports
(a) TRANSPORTATION SECURITY.—Not later than December 31
of each year, the Secretary of Transportation shall submit to Con-
gress a report on transportation security with recommendations
the Secretary considers appropriate. The report shall be prepared
in conjunction with the annual report the Administrator of the
Federal Aviation Administration submits under subsection (b) of
this section, but may not duplicate the information submitted under
subsection (b) or section 44907(a)(3) of this title. The Secretary
may submit the report in classified and unclassified parts. The
report shall include—
(1) an assessment of trends and developments in terrorist
activities, methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection
devices;
(3) recommendations for research, engineering, and devel-
opment activities related to transportation security, except
research engineering and development activities related to avia-
tion security to the extent those activities are covered by the
national aviation research plan required under section 44501(c)
of this title;
(4) identification and evaluation of cooperative efforts with
other departments, agencies, and instrumentalities of the
United States Government;
(5) an evaluation of cooperation with foreign transportation
and security authorities;
(6) the status of the extent to which the recommendations
of the President’s Commission on Aviation Security and Terror-
ism have been carried out and the reasons for any delay in
carrying out those recommendations;
(7) a summary of the activities of the Director of Intel-
ligence and Security in the 12-month period ending on the
date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements,
and attainment of existing staffing goals, for carrying out duties
and powers of the Administrator related to security; and
(10) appropriate legislative and regulatory recommenda-
tions.
(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECU-
RITY.—The Administrator shall submit annually to Congress a
report—
(1) on the effectiveness of procedures under section 44901
of this title;
(2) that includes a summary of the assessments conducted
under section 44907(a)(1) and (2) of this title; and
(3) that includes an assessment of the steps being taken,
and the progress being made, in ensuring compliance with
section 44906 of this title for each foreign air carrier security
program at airports outside the United States—
(A) at which the Administrator decides that Foreign
Security Liaison Officers are necessary for air transpor-
tation security; and
H. R. 1758—477
(B) for which extraordinary security measures are in
place.
(c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The
Administrator shall submit to Congress an annual report for each
of the calendar years 1991 and 1992 on the progress being made,
and the problems occurring, in carrying out section 44904 of this
title. The report shall include recommendations for improving
domestic air transportation security.
CHAPTER 451—ALCOHOL AND CONTROLLED
SUBSTANCES TESTING
Sec.
45101.
Definition.
45102.
Alcohol and controlled substances testing programs.
45103.
Prohibited service.
45104.
Testing and laboratory requirements.
45105.
Rehabilitation.
45106.
Relationship to other laws, regulations, standards, and orders.
§ 45101. Definition
In this chapter, ‘‘controlled substance’’ means any substance
under section 102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802) specified by the Adminis-
trator of the Federal Aviation Administration.
§ 45102. Alcohol and controlled substances testing programs
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN
AIR CARRIERS.—(1) In the interest of aviation safety, the Adminis-
trator of the Federal Aviation Administration shall prescribe regula-
tions not later than October 28, 1992, that establish a program
requiring air carriers and foreign air carriers to conduct
preemployment, reasonable suspicion, random, and post-accident
testing of airmen, crewmembers, airport security screening contract
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use
of alcohol or a controlled substance in violation of law or a United
States Government regulation.
(2) When the Administrator considers it appropriate in the
interest of safety, the Administrator may prescribe regulations for
conducting periodic recurring testing of airmen, crewmembers, air-
port security screening contract personnel, and other air carrier
employees responsible for safety-sensitive functions for the use of
alcohol or a controlled substance in violation of law or a Government
regulation.
(b) PROGRAM
FOR
EMPLOYEES
OF
THE
FEDERAL
AVIATION
ADMINISTRATION.—(1) The Administrator shall establish a program
of preemployment, reasonable suspicion, random, and post-accident
testing for the use of alcohol or a controlled substance in violation
of law or a Government regulation for employees of the Administra-
tion whose duties include responsibility for safety-sensitive func-
tions.
(2) When the Administrator considers it appropriate in the
interest of safety, the Administrator may prescribe regulations for
conducting periodic recurring testing of employees of the Adminis-
tration responsible for safety-sensitive functions for use of alcohol
or a controlled substance in violation of law or a Government
regulation.
H. R. 1758—478
(c) SANCTIONS.—In prescribing regulations under the programs
required by this section, the Administrator shall require, as the
Administrator considers appropriate, the suspension or revocation
of any certificate issued to an individual referred to in this section,
or the disqualification or dismissal of the individual, under this
chapter when a test conducted and confirmed under this chapter
indicates the individual has used alcohol or a controlled substance
in violation of law or a Government regulation.
§ 45103. Prohibited service
(a) USE
OF ALCOHOL
OR
A CONTROLLED SUBSTANCE.—An
individual may not use alcohol or a controlled substance after
October 28, 1991, in violation of law or a United States Government
regulation and serve as an airman, crewmember, airport security
screening contract employee, air carrier employee responsible for
safety-sensitive functions (as decided by the Administrator of the
Federal Aviation Administration), or employee of the Administra-
tion with responsibility for safety-sensitive functions.
(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwith-
standing subsection (a) of this section, an individual found to have
used alcohol or a controlled substance after October 28, 1991, in
violation of law or a Government regulation may serve as an air-
man, crewmember, airport security screening contract employee,
air carrier employee responsible for safety-sensitive functions (as
decided by the Administrator), or employee of the Administration
with responsibility for safety-sensitive functions only if the individ-
ual completes a rehabilitation program described in section 45105
of this title.
(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual
who served as an airman, crewmember, airport security screening
contract employee, air carrier employee responsible for safety-sen-
sitive functions (as decided by the Administrator), or employee
of the Administration with responsibility for safety-sensitive func-
tions and who was found by the Administrator to have used alcohol
or a controlled substance after October 28, 1991, in violation of
law or a Government regulation may not carry out the duties
related to air transportation that the individual carried out before
the finding of the Administrator if the individual—
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described
in section 45105 of this title before using the alcohol or con-
trolled substance; or
(3) refuses to begin or complete a rehabilitation program
described in section 45105 of this title after a finding by the
Administrator under this section.
§ 45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the Administrator
of the Federal Aviation Administration shall develop requirements
that—
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimens;
(2) for 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 amendments to those guidelines, including mandatory
guidelines establishing—
H. R. 1758—479
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this chapter, including
standards requiring the use of the best available technology
to ensure the complete reliability and accuracy of controlled
substances tests and strict procedures governing the chain
of custody of specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances for which
individuals may be tested; and
(C) appropriate standards and procedures for periodic
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled
substances testing in carrying out this chapter;
(3) require that a laboratory involved in controlled sub-
stances testing under this chapter have the capability and
facility, at the laboratory, of performing screening and confirma-
tion tests;
(4) provide that all tests indicating the use of alcohol or
a controlled substance in violation of law or a United States
Government regulation be confirmed by a scientifically recog-
nized method of testing capable of providing quantitative
information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured,
and labeled in the presence of the tested individual and that
a part of the specimen be retained in a secure manner to
prevent the possibility of tampering, so that if the individual’s
confirmation test results are positive the individual has an
opportunity to have the retained part tested by a 2d confirma-
tion test done independently at another certified laboratory
if the individual requests the 2d confirmation test not later
than 3 days after being advised of the results of the first
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 that
may be necessary and in consultation with the Secretary of
Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (except information about alcohol or a controlled
substance) of employees, except that this clause does not pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this chapter; and
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee
is harassed by being treated differently from other employees
in similar circumstances.
§ 45105. Rehabilitation
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN
AIR CARRIERS.—The Administrator of the Federal Aviation Adminis-
tration shall prescribe regulations establishing requirements for
rehabilitation programs that at least provide for the identification
and opportunity for treatment of employees of air carriers and
foreign air carriers referred to in section 45102(a)(1) of this title
who need assistance in resolving problems with the use of alcohol
or a controlled substance in violation of law or a United States