In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``China Human Rights Protection Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Financial Services, the Committee on Foreign 
                Affairs, the Committee on Homeland Security, and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                the Judiciary of the Senate.
            (2) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' includes--
                    (A) extrajudicial killings;
                    (B) torture or cruel, inhuman, or degrading 
                treatment or punishment;
                    (C) prolonged arbitrary detention, causing the 
                disappearance of individuals by the abduction and 
                clandestine detention of those individuals;
                    (D) forced abortion or sterilization;
                    (E) psychiatric or medical experimentation or organ 
                harvesting of individuals without consent or obtained 
                in detention; and
                    (F) other flagrant denial of the right to life, 
                liberty, or the security of an individual.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 3. AUTHORIZATION OF SANCTIONS FOR GROSS VIOLATIONS OF 
              INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to an individual who is a national of 
the People's Republic of China the President determines, based on 
credible information--
            (1) is responsible for gross violations of internationally 
        recognized human rights committed against other individuals in 
        the People's Republic of China, particularly those individuals 
        who seek to obtain, exercise, defend, or promote 
        internationally recognized human rights and freedoms, such as 
        the freedoms of religion, expression, association, and 
        assembly, and the rights to a fair trial and democratic 
        elections;
            (2) acted as an agent of or on behalf of another individual 
        who is a national of the People's Republic of China in a matter 
        relating to an activity described in paragraph (1); or
            (3) has materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services in support of, an activity described in paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Inadmissibility to united states.--
                    (A) In general.--Ineligibility of the individual to 
                receive a visa to enter the United States or to be 
                admitted to the United States.
                    (B) Revocation.--If the individual has been issued 
                a visa or other documentation, revocation, in 
                accordance with section 221(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1201(i)), of the visa or 
                other documentation.
            (2) Blocking of property.--
                    (A) In general.--The blocking, in accordance with 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.), of all transactions in all 
                property and interests in property of the individual if 
                such property and interests in property are in the 
                United States, come within the United States, or are or 
                come within the possession or control of a United 
                States person.
                    (B) Inapplicability of national emergency 
                requirement.--The requirements of section 202 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701) shall not apply for purposes of this section.
    (c) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.

SEC. 4. WAIVER AUTHORITY AND EXCEPTION TO COMPLY WITH UNITED NATIONS 
              HEADQUARTERS AGREEMENT.

    (a) Waiver Authority.--The President may waive the application of 
sanctions under section 3 with respect to an individual who is a 
national of the People's Republic of China if the President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) not later than 30 days prior to granting such a waiver, 
        submits to the appropriate congressional committees notice of, 
        and a justification for, the waiver.
    (b) Exception To Comply With United Nations Headquarters 
Agreement.--Sanctions under sections 3(b)(1) shall not apply to an 
individual who is a national of the People's Republic of China if 
admitting the individual into the United States is necessary to permit 
the United States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake Success June 26, 
1947, and entered into force November 21, 1947, between the United 
Nations and the United States, or other applicable international 
obligations of the United States.

SEC. 5. TERMINATION OF SANCTIONS.

    The President may terminate the application of sanctions under 
section 3 with respect to an individual who is a national of the 
People's Republic of China if the President determines and reports to 
the appropriate congressional committees not later than 15 days before 
the termination of the sanctions that--
            (1) credible information exists that the individual did not 
        engage in the activity for which sanctions were imposed;
            (2) the individual has been prosecuted appropriately for 
        the activity for which sanctions were imposed; or
            (3) the individual has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in section 3 
        in the future.

SEC. 6. ESTABLISHMENT OF CHINA HUMAN RIGHTS DOCUMENTATION CENTER.

    (a) In General.--The Secretary of State shall seek to provide for 
the establishment of and provide funding for an independent, 
nongovernmental organization, to be referred to as the China Human 
Rights Documentation Center, to--
            (1) compile, publish, and archive credible evidence of 
        nationals of the People's Republic of China who commit gross 
        violations of internationally recognized human rights against 
        individuals in the People's Republic of China;
            (2) receive evidence of such violations from 
        nongovernmental organizations and governmental entities;
            (3) establish an online and searchable database, in English 
        and in Chinese, and establish other multi-media information 
        platforms, in English and in Chinese, of credible evidence of 
        such violations for research and educational purposes; and
            (4) compile, publish, and archive credible evidence of 
        individuals who are nationals of the People's Republic of China 
        who are engaged in--
                    (A) censorship of the Internet, restrictions on the 
                freedom of expression, the free flow of news and 
                information, and the silencing of peaceful dissent 
                against government policy or practice;
                    (B) threats, surveillance, censorship, detention, 
                beatings, or the denials or delays of visas of United 
                States or other foreign journalists working in China;
                    (C) threats, beatings, surveillance, detention, or 
                threats to the loss of jobs or professional status made 
                against--
                            (i) individuals who are human rights 
                        lawyers seeking to represent clients detained 
                        in extra-legal detention centers;
                            (ii) individuals considered by the United 
                        Nations Working Group on Arbitrary Detention to 
                        be detained arbitrarily in China, including 
                        Tibetans, Uyghurs, and individuals who are 
                        members of the Falun Gong;
                            (iii) individuals who are democracy, labor, 
                        environmental, or free speech advocates;
                            (iv) individuals who are petitioners or 
                        bloggers;
                            (v) individuals accused in governmental 
                        anti-corruption campaigns; and
                            (vi) individuals from religious communities 
                        that are independent of government-approved 
                        religious organizations;
                    (D) restrictions on the right to freedom of 
                religion and the ability to exercise peaceful religious 
                practice, in public and private, independent of 
                government restrictions or oversight of religious 
                teachings or choice of religious leaders, particularly 
                the arrest and detention of religious leaders, the 
                destruction of property or heavy fines, and the 
                ``patriotic education'' of religious leaders;
                    (E) implementing China's population control 
                policies, including through the coercive and persistent 
                monitoring of fertility, the issuing of heavy fines, 
                and threats made for the loss of employment or the 
                denial of residency and other government benefits to 
                children born beyond the government-prescribed limit;
                    (F) profiting from or overseeing slave labor, 
                particularly in detention facilities, or from sex or 
                bride trafficking or those engaged in beating, 
                threatening, or detaining individuals seeking to 
                disrupt trafficking in persons networks;
                    (G) profiting from the sale of organs harvested 
                from an individual without consent or while an 
                individual is in detention;
                    (H) disrupting or prohibiting, through violence, 
                intimidation, discrimination, or threats, attempts to 
                organize independent trade unions or to engage in 
                efforts of collective bargaining; or
                    (I) prosecuting, sentencing, or those involved in 
                the continued detention of individuals determined by 
                the United Nations Working Group on Arbitrary Detention 
                to have been detained arbitrarily.
    (b) Authorization of Appropriations.--Of the funds authorized to be 
appropriated to the Department of State for each fiscal year beginning 
after the date of the enactment of this Act, such funds as may be 
necessary to carry out this section are authorized to be appropriated 
to carry out this section for such fiscal year.
    (c) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.

SEC. 7. USE OF CREDIBLE EVIDENCE FOR SANCTIONS DETERMINATIONS AND 
              REPORTS.

    In making determinations to impose sanctions under section 3 and 
for purposes of preparing and submitting reports to Congress under 
sections 8 and 9, the President should use any credible evidence--
            (1) compiled and published by the China Human Rights 
        Documentation Center established under section 6;
            (2) compiled and published by the Department of State and 
        other appropriate Federal departments and agencies; and
            (3) submitted to the President by the chairperson and 
        ranking member of appropriate congressional committees.

SEC. 8. REPORTS BY PRESIDENT TO CONGRESS.

    (a) Report Required.--
            (1) In general.--The President shall submit to the 
        appropriate congressional committees on an annual basis a 
        report that includes--
                    (A) a list of individuals who are nationals of the 
                People's Republic of China with respect to which the 
                President imposed sanctions pursuant to section 3 
                during the calendar year preceding the submission of 
                the report;
                    (B) a description of the type of sanctions imposed 
                with respect to each individual;
                    (C) the number of individuals with respect to which 
                the President imposed sanctions under section 3(a) 
                during that year;
                    (D) the dates on which such sanctions were imposed 
                or terminated, as the case may be;
                    (E) the reasons for imposing or terminating such 
                sanctions; and
                    (F) a description of the efforts of the President 
                to encourage the governments of other countries to 
                impose sanctions that are similar to the sanctions 
                authorized by section 3.
            (2) Dates for submission.--
                    (A) Initial report.--The President shall submit the 
                initial report required by this subsection not later 
                than 180 days after the date of the enactment of this 
                Act.
                    (B) Subsequent reports.--
                            (i) In general.--The President shall submit 
                        each subsequent report required by this 
                        subsection on December 10, or the first day 
                        thereafter on which both Houses of Congress are 
                        in session, of--
                                    (I) the calendar year in which the 
                                initial report is submitted if the 
                                initial report is submitted before 
                                December 10 of such calendar year; and
                                    (II) each subsequent calendar year.
                            (ii) Congressional statement.--Congress 
                        notes that December 10 of each calendar year 
                        has been recognized in the United States and 
                        internationally since 1950 as ``Human Rights 
                        Day'' and thus the importance of December 10 of 
                        each calendar year as the date of submission of 
                        the subsequent reports required by this 
                        subsection.
    (b) Form of Report.--
            (1) In general.--The report required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Exception.--The name of an individual who is a national 
        of the People's Republic of China to be included in the list 
        required by subsection (a)(1) by reason of the imposition of 
        sanctions pursuant to section 3 may be submitted in the 
        classified annex authorized by paragraph (1) only if the 
        President--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so; and
                    (B) uses the annex in a manner consistent with 
                congressional intent and the purposes of this Act.
    (c) Public Availability.--
            (1) In general.--The unclassified portion of the report 
        required by subsection (a) shall be made available to the 
        public, including through publication in the Federal Register.
            (2) Nonapplicability of confidentiality requirement with 
        respect to visa records.--The President shall publish the list 
        required by subsection (a)(1) without regard to the 
        requirements of section 222(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(f)) with respect to 
        confidentiality of records pertaining to the issuance or 
        refusal of visas or permits to enter the United States.

SEC. 9. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF 
              THIS ACT.

    (a) In General.--Not later than 1 year after the date of submission 
of the initial report to Congress under section 8, the Comptroller 
General of the United States shall submit to the appropriate 
congressional committees a report on the following:
            (1) A description and assessment of the process--
                    (A) to determine whether an individual who is a 
                national of the People's Republic of China has engaged 
                in an activity described in section 3 and whether 
                sanctions under section 3 should be imposed with 
                respect to the individual;
                    (B) to determine whether the identity of an 
                individual who is a national of the People's Republic 
                of China with respect to which the President has 
                imposed sanctions pursuant to section 3 should be 
                classified; and
                    (C) whether the inclusion of the identity of an 
                individual who is a national of the People's Republic 
                of China in the unclassified version of the report has 
                had any noticeable positive benefits in curtailing 
                gross violations of internationally recognized human 
                rights in the People's Republic of China.
            (2) An assessment of the implementation of this Act.
    (b) Consultation.--The Comptroller General shall consult with the 
appropriate congressional committees and nongovernmental organizations 
for purposes of preparing the report required by subsection (a).

Ex Output:
China Human Rights Protection Act of 2015  Directs the President to impose U.S. entry and property sanctions against a national of China who:   is responsible for gross violations of internationally recognized human rights committed against individuals in China, particularly those who seek to exercise, defend, or promote internationally recognized human rights and freedoms;  acted as an agent of or on behalf of a national of China in such activities; or  has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities.  Authorizes the President, with regard to such sanctions, to:   waive their application, with prior congressional notification, if in U.S. national security interests; and  terminate them under specified conditions.   States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States.   Declares that the Secretary of State shall seek to provide for the establishment of, and provide funding for, a nongovernmental China Human Rights Documentation Center to:   compile, publish, and archive evidence of nationals of China who commit gross violations of internationally recognized human rights against individuals in China, and against others seeking to expand freedoms in China; and  establish an online and searchable database, in English and in Chinese of evidence of such violations for research and educational purposes.  Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition.  Directs the Government Accountability Office to assess for Congress:    the process to determine whether a foreign person has engaged in a sanctionable activity, whether sanctions should be imposed, and whether the identity of a sanctioned foreign person should be classified; and   implementation of this Act. 


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Assurance in Drug Testing 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drug abuse in the workplace is a serious national 
        problem, and
            (2) drug testing can be an effective deterrent to drug 
        abuse when administered in a manner that provides for quality 
        assurance.

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

    ``(a) Prohibition.--No individual may perform a toxicological 
analysis in connection with any drug testing program that is subject to 
this title unless such analysis is conducted in a laboratory certified 
under subsection (b).
    ``(b) Certification.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall establish a program for 
certifying laboratories that meet standards for performing--
            ``(1) drug screening tests,
            ``(2) drug confirmatory tests, and
            ``(3) both drug screening and confirmatory tests.
    ``(c) Criteria.--In establishing standards for certification under 
subsection (b), the Secretary shall use criteria that will maximize the 
predictive value of the testing scheme and that take into consideration 
the practices, procedures, and experience of drug testing programs 
which the Secretary determines are conducted in accordance with 
appropriate standards and procedures.
    ``(d) Periodic Review.--At least once each year, the Secretary 
shall review, and where appropriate revise, the certification criteria 
established under subsection (b), taking into consideration the 
relevant scientific technical advances in the area of drug testing and 
revisions needed to reflect employer zero-drug tolerance practices.

``SEC. 2702. ANTI-DRUG ABUSE POLICY.

    ``(a) Written Policy.--As a condition of implementing or 
maintaining a drug testing program, an employer shall establish a 
written anti-drug abuse policy that shall contain, at a minimum, an 
explanation concerning the--
            ``(1) circumstances under which a drug test will be 
        administered, the procedures for notifying an employee of a 
        confirmed positive result, and a statement the policy will be 
        administered in a consistent and nondiscriminatory manner 
        without regard to whether the employee is employed in a 
        management or hourly capacity,
            ``(2) safeguards established for protecting the privacy of 
        individuals who are subject to testing, including chain custody 
        procedures and the limitations on disclosure of the results of 
        drug tests,
            ``(3) availability of any drug abuse treatment program,
            ``(4) penalties that may be imposed for a violation of the 
        anti-drug policy of the employer, and
            ``(5) procedures under which an applicant or employee shall 
        be given a reasonable opportunity to explain a confirmed 
        positive test result.
    ``(b) Notice.--An employer shall make a reasonable effort to 
provide notice of the written anti-drug abuse policy to applicants and 
employees subject to testing using whatever methods the employer 
determines to be appropriate.

``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.

    ``In order for an employer to be permitted to implement or maintain 
a drug testing program, such employer shall establish, as part of such 
drug testing program, a drug-free awareness program designed to inform 
its employees concerning--
            ``(1) the dangers of drug abuse, both inside and outside of 
        the workplace,
            ``(2) the policy of the employer of maintaining a drug-free 
        workplace,
            ``(3) information as to the existence and availability of 
        counseling, employee assistance, rehabilitation, and other drug 
        abuse treatment programs of which the employer is aware, and
            ``(4) the penalties that may be imposed on applicants and 
        employees who test positive for the use of a drug, and for the 
        manufacture, distribution, dispensation, possession, or use of 
        a drug in the workplace of the employer.

``SEC. 2704. STANDARDS FOR DRUG TESTING.

    ``(a) Applicants.--Nothing in this title shall be construed to 
prohibit an employer from requiring, as a condition of employment, that 
an applicant submit to and pass a drug test based on criteria 
established by the employer that is designed to achieve a drug-free 
workplace. Refusal by an applicant to submit to such a test may be 
treated in the same manner as a failure to pass a drug test.
    ``(b) Employees.--Nothing in this title shall be construed to 
prohibit an employer from requiring an employee to submit to and pass a 
drug test--
            ``(1) where the employer has reasonable suspicion to 
        believe that the employee is using or under the influence of a 
        drug,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, serious bodily injury, 
        or significant property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the completion of a drug abuse treatment 
        program, or
            ``(5) in the case of sensitive employee positions, work 
        units, locations, or facilities where drug abuse has been 
        identified as a problem, on a random basis.
    ``(c) Definition.--As used in this title, the term `random' means 
the selection of individuals for testing based on a nondiscriminatory 
impartial methods so that no employee is harassed or treated 
differently from other employees in similar circumstances.

``SEC. 2505. EMPLOYEE PROTECTIONS.

    ``(a) Prohibitions.--In the case of an applicant or employee, it 
shall be a violation of this title--
            ``(1) for an employer to fail to make reasonable efforts to 
        inform the applicant or employee as to the drug testing policy 
        of the employee,
            ``(2) for an employer to take any adverse action based on 
        the unconfirmed positive results of a drug test, except as 
        provided in subsection (c),
            ``(3) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to be informed of a confirmed positive 
        drug test result, and
            ``(4) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to explain the results of a confirmed 
        positive test result.
    ``(b) Antiretaliation Prohibition.--It shall be a violation of this 
title for an employer to take retaliatory action against an employee 
because of the exercise by the employee of any right granted or 
protected under this title.
    ``(c) Exception for Sensitive Employees.--Pending the receipt of 
the results of a confirmatory drug test, an employer may transfer or 
reassign an employee in a sensitive position to another area or 
position without any loss in compensation to such employee if the 
initial drug test result is positive. If a confirmatory test of such 
employee is negative, such employee shall be entitled to immediate 
reinstatement to the position from which such employee has been 
transferred or reassigned.

``SEC. 2706. CONFIDENTIALITY.

    ``(a) In General.--An individual, other than the applicant or 
employee who is the subject of a drug test, shall not disclose 
information obtained as a result of a drug test, except as provided in 
subsection (b).
    ``(b) Permitted Disclosures.--An employer, or individual conducting 
a drug test on behalf of an employer, may disclose information acquired 
from a drug test only to--
            ``(1) the applicant or employee taking such drug test or 
        any other individual specifically designated in writing by such 
        applicant or employee taking such drug test,
            ``(2) the employer, including the designated representative 
        of such employer, that requested such test,
            ``(3) any court, governmental agency, arbitrator, or 
        mediator, in accordance with Federal or State law, and
            ``(4) appropriate drug abuse treatment providers.

``SEC. 2707. EMPLOYER PRACTICES.

    ``(a) Safe Workplace.--Nothing in this title shall be construed to 
prohibit an employer from taking action necessary to ensure a safe 
workplace.
    ``(b) Drug-Free Workplace.--Nothing in this title shall be 
construed to prohibit an employer from taking action necessary, up to 
and including termination, in the case of applicant or employee--
            ``(1) whose drug test result is confirmed positive,
            ``(2) who refuses to take a drug test authorized under this 
        title, or
            ``(3) who tampers with or adulterates a drug testing 
        specimen.
    ``(c) Participation in Drug Abuse Treatment Program.--Nothing in 
this title shall be construed to prohibit an employer from requiring an 
employee to participate in, and satisfactorily complete, a drug 
treatment program as a condition of continued employment where the 
employee has tested confirmed positive for drugs, has refused to submit 
to a drug test, or has tampered with or adulterated a drug test 
specimen.
    ``(d) Sensitive Position.--Nothing in this title shall be construed 
to prohibit an employer from refusing to place an employee in, or 
reinstate such employee, to a sensitive position if such employee has 
tested confirmed positive for drug use.

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

    ``As part of the drug-free awareness program established pursuant 
to section 2703, employers shall provide information to employees 
concerning the existence and availability of public and private drug 
counseling, employee assistance, rehabilitation, and other drug abuse 
treatment programs of which the employer is aware.

``SEC. 2709. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this title, 
the Secretary shall--
            ``(1) establish a program for the certification of 
        laboratories for the performance of toxicological urinalysis 
        conducted for drug testing programs as described in this title, 
        and
            ``(2) issue such other rules and regulations as may be 
        necessary or appropriate to carry out this title.

``SEC. 2710. ENFORCEMENT AND RELIEF.

    ``(a) Laboratory Certification Standards.--The certification 
program established pursuant to section 2701(b) shall be enforced in 
accordance with the procedures and sanctions contained in subsections 
(g), (h), (i), (j), (k), and (l) of section 353.
    ``(b) Employee Complaints Charging Unlawful Discharge or 
Discrimination; Investigation Order.--
            ``(1) Complaint.--An employee who believes that such 
        employee has been charged or otherwise discriminated against by 
        an employer in violation of this title may, not later than 30 
        days after such action occurs, file (or have any individual 
        file on behalf of such employee) a complaint with the Secretary 
        of Labor (hereinafter referred to in this subsection as the 
        `Secretary') alleging that such discharge or discrimination 
        violates this title. On receipt of such complaint, the 
        Secretary shall notify the individual named in the complaint of 
        such filing.
            ``(2) Investigation and order.--
                    ``(A) Investigation.--On receipt of a complaint 
                filed under paragraph (1), the Secretary shall conduct 
                an investigation of the violation alleged in such 
                complaint. Not later than 30 days after the receipt of 
                such complaint, the Secretary shall complete such 
                investigation and shall notify in writing the employer 
                (and any individual acting on behalf of the employer) 
                as to the results of such investigation.
                    ``(B) Order.--Not later than 30 days after the 
                completion of such investigation, the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the employer alleged to have 
                committed such violation, issue an order either 
                providing the relief prescribed in this section or 
                denying the complaint. An order of the Secretary issued 
                under this subparagraph shall be made on the record 
                after notice and opportunity for public hearing.
            ``(3) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        this title has occurred, the Secretary shall order the employer 
        who committed such violation to provide such suitable relief as 
        the Secretary determines appropriate, including reinstatement, 
        promotion, and the payment of lost wages and benefits.
            ``(4) Review or order.--An employee or employer adversely 
        affected or aggrieved by an order issued under paragraph (2) 
        may obtain review of such order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred. The petition 
        for review shall be filed not later than 60 days after the 
        issuance of the order of the Secretary under paragraph (2). 
        Review by the Court of Appeals shall conform to chapter 7 of 
        Title 5, United States Code.
            ``(5) Failure to comply.--If an employee or employer fails 
        to comply with an order issued under paragraph (2), the 
        Secretary may file a civil action in the United States court 
        for the district in which the violation was found to occur to 
        enforce such order. Such court, in issuing any final order 
        under this subsection, may award the costs of litigation 
        (including reasonable attorney and expert witness fees) to the 
        prevailing party.
    ``(c) Affirmative Defense.--The good faith compliance of an 
employer with the standards and procedures established under this title 
shall constitute an affirmative defense against any complaint filed 
under subsection (b).
    ``(d) Construction.--Nothing in this title shall be construed to 
require an employer to establish a drug testing program for applicants 
or employees or make employment decisions based on such test results.

``SEC. 2711. EFFECT ON OTHER LAWS.

    ``(a) State Law.--This title shall preempt any State or local law, 
rule, regulation, order or standard that applies to the drug testing of 
an applicant or employee, or that relates to any matter addressed under 
this title. No State or local government shall adopt or enforce any 
law, rule, regulation, ordinance, standard or order relating to--
            ``(1) the certification of laboratories that perform drug 
        testing analysis with respect to such analysis,
            ``(2) requirements for the conduct of drug testing under 
        the certification program established under this title,
            ``(3) the conducting of employee or applicant drug testing 
        programs, or
            ``(4) any other matter relating to this title.
    ``(b) Other Federal Laws.--Nothing in this title shall be construed 
to prohibit the Secretary of Transportation or the Nuclear Regulatory 
Commission from issuing regulations with respect to drug and alcohol 
testing.

``SEC. 2712. EFFECTIVE DATE.

    ``This title shall become effective 2 years after the date of 
enactment of this title, except that the prohibition contained in 
section 2701(a) shall not take effect less than 1 year after 
establishment of the certification program required under section 
2701(b).

``SEC. 2713. DEFINITIONS.

    ``As used in this title:
            ``(1) Applicant.--The term `applicant' means any individual 
        who has submitted an application to an employer, whether 
        written or oral, for employment with such employer.
            ``(2) Drug.--The term `drug' means any controlled substance 
        listed in Scheduled I through V of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, 
        and any other drug or medication that can interfere with 
        employment performance.
            ``(3) Drug abuse treatment program.--The term `drug abuse 
        treatment program' means a program, such as an employee 
        assistance program, designed to assist an individual in dealing 
        with problems caused by drug abuse.
            ``(4) Drug test.--The term `drug test' means any test 
        procedure used to take and analyze blood, breath, hair, urine 
        or other body fluids or materials for the purpose of detecting 
        the presence or absence of a drug or its metabolites.
            ``(5) Employee.--The term `employee' means an individual 
        employed by an employer.
    ``(f) Employer.--The term `employer' means an individual, 
partnership, corporation, association, or other entity (including the 
Federal Government), that employs one or more employees, and that is 
engaged in an industry affecting commerce.
    ``(g) Sensitive Employee.--The term `sensitive employee' means an 
individual employed in a position whose duties, as defined by the 
employer, involve responsibilities affecting such matters as national 
security, health, or safety, environment, or other responsibilities 
requiring a high degree of trust and confidence.

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.

Ex Output:
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Marihuana And Regulatory 
Tolerance Enforcement Act''.

SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN 
              CERTAIN STATES.

    (a) In General.--Part E of the Controlled Substances Act (21 U.S.C. 
871 et seq.) is amended by adding at the end the following:

``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES.

    ``(a) In General.--For the period described in subsection (c), this 
title shall not apply with respect to the production, manufacture, 
distribution, prescribing, dispensing, possession, and use of marihuana 
in a State if each of the following conditions is met:
            ``(1) The State submits a request to the Attorney General 
        certifying that the State has legalized marihuana for 
        recreational or medical use.
            ``(2) The request demonstrates, as determined by the 
        Attorney General, that the State has, or will have, in effect a 
        statewide regulatory regime for marihuana that is sufficient to 
        protect Federal interests, including each of the following:
                    ``(A) Preventing the distribution of marihuana to 
                minors.
                    ``(B) Preventing revenue from the sale of marihuana 
                from going to criminal enterprises, gangs, and cartels.
                    ``(C) Preventing the diversion of marihuana from 
                States where the manufacture, distribution, dispensing, 
                and possession of marihuana is legal to other States.
                    ``(D) Preventing State-authorized marihuana 
                activity from being used as a cover or pretext for the 
                trafficking of other illegal drugs or other illegal 
                activity.
                    ``(E) Preventing violence and the use of firearms 
                in the cultivation and distribution of marihuana.
                    ``(F) Preventing drugged driving and the 
                exacerbation of other adverse public health 
                consequences associated with marihuana use.
                    ``(G) Preventing the growing of marihuana on public 
                lands and the attendant public safety and environmental 
                dangers posed by marihuana production on public lands.
                    ``(H) Preventing marihuana possession or use on 
                Federal property.
                    ``(I) Preventing distribution of tainted marihuana.
            ``(3) The State agrees to study and report annually to the 
        Attorney General regarding outcomes of legalizing marihuana in 
        the State on the following:
                    ``(A) Youth marihuana use.
                    ``(B) Rates of driving while intoxicated.
                    ``(C) Diversion to other States.
                    ``(D) Prevalence of drug-related organized crime 
                activity.
    ``(b) Finding by Attorney General.--
            ``(1) In general.--Not later than 90 days after receipt of 
        a request under subsection (a), the Attorney General shall--
                    ``(A) issue a finding on whether the conditions 
                listed in subsection (a) are met; and
                    ``(B) if the Attorney General finds that such 
                conditions are not met, include an explanation of the 
                reasons why such conditions are not met.
            ``(2) Failure to issue a finding.--If the Attorney General 
        fails to issue such a finding by the deadline specified in 
        paragraph (1), the Attorney General is deemed to have found 
        that the conditions listed in subsection (a) for the State 
        involved are met, subject to the Attorney General's authority 
        to revoke such a finding under subsection (e).
    ``(c) Duration of Period.--The period described in this subsection 
is, with respect to a State, the period of 3 years beginning on the 
effective date of the Attorney General's finding that the conditions 
listed in subsection (a) are met. A State may submit requests under 
subsection (a)(1) for subsequent, consecutive 3-year periods.
    ``(d) Effective Date.--The effective date of a finding under 
subsection (b)(1) that the conditions listed in subsection (a) are met 
with respect to a State shall be not sooner than the effective date of 
the State's regulatory regime required by subsection (a)(2).
    ``(e) Loss of Waiver.--
            ``(1) In general.--The Attorney General may--
                    ``(A) continually review the production, 
                manufacture, distribution, prescribing, dispensing, 
                possession, and use of marihuana in a State with 
                respect to which the Attorney General finds the 
                conditions listed in subsection (a) are met; and
                    ``(B) after providing notice and an opportunity to 
                correct any failure to meet such conditions in 
                accordance with paragraph (2), revoke such finding if 
                the Attorney General finds that the conditions listed 
                in subsection (a) are no longer met.
            ``(2) Notice; opportunity to correct.--If the Attorney 
        General finds that the conditions listed in subsection (a) are 
        no longer met, the Attorney General shall give the State 
        involved--
                    ``(A) notice of such finding; and
                    ``(B) a period of not less than 180 days to correct 
                any failure to meet the conditions listed in subsection 
                (a).
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the Federal Government from providing assistance 
to a State (under Federal law other than this title) in the 
implementation or enforcement of State law relating to the production, 
manufacture, distribution, prescribing, dispensing, possession, or use 
of marihuana.
    ``(g) Definition.--In this section, the term `tainted' means 
containing microbes, pesticides, or controlled substances other than 
marihuana.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public 
Law 91-513) is amended by inserting at the end of the items relating to 
part E of title II the following new item:

``Sec. 521. Inapplicability to marihuana in certain States.''.

Ex Output:

State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) demonstrates a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions. &nbsp;