TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL 
              FOREST, CALIFORNIA.

    (a) Conveyance Required.--Subject to valid existing rights and 
settlement of claims as provided in this section, the Secretary of 
Agriculture shall convey to KATY 101.3 FM (in this section referred to 
as ``KATY'') all right, title and interest of the United States in and 
to a parcel of real property consisting of approximately 1.06 acres 
within the San Bernardino National Forest in Riverside County, 
California, generally located in the north \1/2\ of section 23, 
township 5 south, range 2 east, San Bernardino meridian.
    (b) Legal Description.--The Secretary and KATY shall, by mutual 
agreement, prepare the legal description of the parcel of real property 
to be conveyed under subsection (a), which is generally depicted as 
Exhibit A-2 in an appraisal report of the subject parcel dated August 
26, 1999, by Paul H. Meiling.
    (c) Consideration.--Consideration for the conveyance under 
subsection (a) shall be equal to the appraised fair market value of the 
parcel of real property to be conveyed. Any appraisal to determine the 
fair market value of the parcel shall be prepared in conformity with 
the Uniform Appraisal Standards for Federal Land Acquisition and 
approved by the Secretary.
    (d) Settlement.--In addition to the consideration referred to in 
subsection (c), upon the receipt of $16,600 paid by KATY to the 
Secretary, the Secretary shall release KATY from any and all claims of 
the United States arising from the occupancy and use of the San 
Bernardino National Forest by KATY for communication site purposes.
    (e) Access Requirements.--Notwithstanding section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or 
any other law, the Secretary is not required to provide access over 
National Forest System lands to the parcel of real property to be 
conveyed under subsection (a).
    (f) Administrative Costs.--Any costs associated with the creation 
of a subdivided parcel, recordation of a survey, zoning, and planning 
approval, and similar expenses with respect to the conveyance under 
this section, shall be borne by KATY.
    (g) Assumption of Liability.--By acceptance of the conveyance of 
the parcel of real property referred to in subsection (a), KATY, and 
its successors and assigns will indemnify and hold harmless the United 
States for any and all liability to General Telephone and Electronics 
Corporation (also known as ``GTE'') KATY, and any third party that is 
associated with the parcel, including liability for any buildings or 
personal property on the parcel belonging to GTE and any other third 
parties.
    (h) Treatment of Receipts.--All funds received pursuant to this 
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds 
shall remain available to the Secretary, until expended, for the 
acquisition of lands, waters, and interests in land for the inclusion 
in the San Bernardino National Forest.
    (i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter 
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat. 
227), is further amended--
        (1) by striking the comma after the words ``Secretary of 
    Agriculture'';
        (2) by striking the words ``with the approval of the National 
    Forest Reservation Commission established by section 4 of the Act 
    of March 1, 1911 (16 U.S.C. 513),'';
        (3) by inserting the words ``, real property or interests in 
    lands,'' after the word ``lands'' the first time it is used;
        (4) by striking ``San Bernardino and Cleveland'' and inserting 
    ``San Bernardino, Cleveland and Los Angeles'';
        (5) by striking ``county of Riverside'' each place it appears 
    and inserting ``counties of Riverside and San Bernardino'';
        (6) by striking ``as to minimize soil erosion and flood 
    damage'' and inserting ``for National Forest System purposes''; and
        (7) after the ``Provided further, That'', by striking the 
    remainder of the sentence to the end of the paragraph, and 
    inserting ``twelve and one-half percent of the monies otherwise 
    payable to the State of California for the benefit of San 
    Bernardino County under the aforementioned Act of March 1, 1911 (16 
    U.S.C. 500) shall be available to be appropriated for expenditure 
    in furtherance of this Act.''.

SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT 
              CLARIFYING AMENDMENTS.

    The Santa Rosa and San Jacinto Mountains National Monument Act of 
2000 is amended as follows:
        (1) In the second sentence of section 2(d)(1), by striking 
    ``and the Committee on Agriculture, Nutrition, and Forestry''.
        (2) In the second sentence of section 4(a)(3), by striking 
    ``Nothing in this section'' and inserting ``Nothing in this Act''.
        (3) In section 4(c)(1), by striking ``any person, including''.
        (4) In section 5, by adding at the end the following:
    ``(j) Wilderness Protection.--Nothing in this Act alters the 
management of any areas designated as Wilderness which are within the 
boundaries of the National Monument. All such areas shall remain 
subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws 
designating such areas as Wilderness, and other applicable laws. If any 
part of this Act conflicts with any provision of those laws with 
respect to the management of the Wilderness areas, such provision shall 
control.''.

SEC. 3. TECHNICAL CORRECTION.

    The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended 
by adding at the end:

``SEC. 7. MISCELLANEOUS PROVISIONS.

    ``(a) Exchange of Certain Lands with New Mexico.--
        ``(1) In general.--Not later than 2 years after the date of the 
    enactment of this Act, the Secretary shall acquire by exchange the 
    State of New Mexico trust lands located in township 16 north, range 
    4 east, section 2, and all interests therein, including 
    improvements, mineral rights and water rights.
        ``(2) Use of other lands.--In acquiring lands by exchange under 
    paragraph (1), the Secretary may utilize unappropriated public 
    lands within the State of New Mexico.
        ``(3) Value of lands.--The lands exchanged under this 
    subsection shall be of approximately equal value, and the Secretary 
    may credit or debit the ledger account established in the 
    Memorandum of Understanding between the Bureau of Land Management, 
    the New Mexico State Land Office, and the New Mexico Commissioner 
    of Public Lands, in order to equalize the values of the lands 
    exchanged.
        ``(4) Conveyance.--
            ``(A) By secretary.--Upon the acquisition of lands under 
        paragraph (1), the Secretary shall convey all title and 
        interest to such lands to the Pueblo by sale, exchange or 
        otherwise, and the Pueblo shall have the exclusive right to 
        acquire such lands.
            ``(B) By pueblo.--Upon the acquisition of lands under 
        subparagraph (A), the Pueblo may convey such land to the 
        Secretary who shall accept and hold such lands in trust for the 
        benefit of the Pueblo.
    ``(b) Other Exchanges of Land.--
        ``(1) In general.--In order to further the purposes of this 
    Act--
            ``(A) the Pueblo may enter into agreements to exchange 
        restricted lands for lands described in paragraph (2); and
            ``(B) any land exchange agreements between the Pueblo and 
        any of the parties to the action referred to in paragraph (2) 
        that are executed not later than December 31, 2001, shall be 
        deemed to be approved.
        ``(2) Lands.--The land described in this paragraph is the land, 
    title to which was at issue in Pueblo of Santo Domingo v. Rael 
    (Civil No. 83-1888 (D.N.M.)).
        ``(3) Land to be held in trust.--Upon the acquisition of lands 
    under paragraph (1), the Pueblo may convey such land to the 
    Secretary who shall accept and hold such lands in trust for the 
    benefit of the Pueblo.
        ``(4) Rule of construction.--Nothing in this subsection shall 
    be construed to limit the provisions of section 5(a) relating to 
    the extinguishment of the land claims of the Pueblo.
    ``(c) Approval of Certain Resolutions.--All agreements, 
transactions, and conveyances authorized by Resolutions 97-010 and C22-
99 as enacted by the Tribal Council of the Pueblo de Cochiti, and 
Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo 
of Santo Domingo, pertaining to boundary disputes between the Pueblo de 
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including 
the Pueblo de Cochiti's agreement to relinquish its claim to the 
southwest corner of its Spanish Land Grant, to the extent that such 
land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any 
right to receive compensation from the United States or any other party 
with respect to such overlapping lands.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

SOLUTION: Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.
(Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians).
(Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights.
Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands.
Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001.
Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo.

PROBLEM: 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).''.

SOLUTION: 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.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Preserving Access 
to Healthcare (PATH) Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Temporary non-application of Medicare phased-out indirect 
                            medical education adjustment factor.
Sec. 3. Delay in implementation of Medicaid outpatient hospital 
                            services regulation.
Sec. 4. Delay in phase out of the Medicare hospice budget neutrality 
                            adjustment factor.
Sec. 5. Treatment of certain Medicaid family demonstration project.
Sec. 6. Delay in implementation of certain provisions relating to 
                            Medicare rural health clinics and federally 
                            qualified health centers.
Sec. 7. Mandatory State use of National Correct Coding Initiative.
Sec. 8. Medicaid Improvement Fund technical correction.
Sec. 9. Funding for the Medicare Improvement Fund.

SEC. 2. TEMPORARY NON-APPLICATION OF MEDICARE PHASED-OUT INDIRECT 
              MEDICAL EDUCATION ADJUSTMENT FACTOR.

    (a) In General.--Notwithstanding any other provision of law, during 
the period beginning on October 1, 2008, and ending on March 31, 2009, 
section 412.322 of title 42, Code of Federal Regulations, shall be 
applied without regard to paragraph (c) of such section.
    (b) No Effect on Subsequent Periods.--Nothing in subsection (a) 
shall be construed as having any effect on the application of section 
412.322 of title 42, Code of Federal Regulations, after March 31, 2009.

SEC. 3. DELAY IN IMPLEMENTATION OF MEDICAID OUTPATIENT HOSPITAL 
              SERVICES REGULATION.

    Notwithstanding any other provision of law, during the 6-month 
period that begins on the date of enactment of this Act, the Secretary 
of Health and Human Services shall not finalize or otherwise implement 
provisions contained in the proposed rule published on September 28, 
2007, on pages 55158 through 55166 of volume 72, Federal Register 
(relating to parts 440 and 447 of title 42, Code of Federal 
Regulations).

SEC. 4. DELAY IN PHASE OUT OF THE MEDICARE HOSPICE BUDGET NEUTRALITY 
              ADJUSTMENT FACTOR.

    Notwithstanding any other provision of law, including the 
provisions contained in the final rule published on August 8, 2008, on 
pages 46464 through 46522 of volume 73, Federal Register (relating to 
part 418 of title 42, Code of Federal Regulations), the Secretary of 
Health and Human Services shall not phase out or eliminate the budget 
neutrality adjustment factor in the Medicare hospice wage index prior 
to April 1, 2009.

SEC. 5. TREATMENT OF CERTAIN MEDICAID FAMILY DEMONSTRATION PROJECT.

    The Secretary of Health and Human Services, acting through the 
Administer of the Centers for Medicare & Medicaid Services and upon the 
request of the State of California, shall extend approval, and full 
Federal financial participation, of the State's Medicaid family 
planning demonstration project, which was approved under a waiver 
pursuant to section 1115 of the Social Security Act, until June 30, 
2009, under the eligibility requirements and processes that were in 
place for such project as of the date before the first extension period 
for such project.

SEC. 6. DELAY IN IMPLEMENTATION OF CERTAIN PROVISIONS RELATING TO 
              MEDICARE RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED 
              HEALTH CENTERS.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services shall not, prior to April 1, 2009, take any action 
(through promulgation of regulation, issuance of regulatory guidance, 
or other administrative action) to--
            (1) finalize or otherwise implement provisions contained in 
        the proposed rule published on June 27, 2008, on pages 36696 
        through 36719 of volume 73, Federal Register, that relate to--
                    (A) decertifying rural health clinics under the 
                Medicare program under title XVIII of the Social 
                Security Act that are determined to no longer be in 
                nonurbanized areas; and
                    (B) changes in the payment methodology for rural 
                health clinics and federally qualified health centers 
                under the Medicare program as described in sections 
                405.2410 and 405.2466(b)(1)(iii) of title 42, Code of 
                Federal Regulations; or
            (2) promulgate or implement any rule or provisions similar 
        to the provisions described in paragraph (1).

SEC. 7. MANDATORY STATE USE OF NATIONAL CORRECT CODING INITIATIVE.

    (a) In General.--Section 1903(r) of the Social Security Act (42 
U.S.C. 1396b(r)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by adding ``and'' after the 
                semicolon; and
                    (C) by adding at the end the following new clause:
                            ``(iv) effective for claims filed on or 
                        after October 1, 2009, incorporate compatible 
                        methodologies of the National Correct Coding 
                        Initiative administered by the Secretary (or 
                        any successor initiative to promote correct 
                        coding and to control improper coding leading 
                        to inappropriate payment) and such other 
                        methodologies of that Initiative (or such other 
                        national correct coding methodologies) as the 
                        Secretary identifies in accordance with 
                        paragraph (3);''; and
            (2) by adding at the end the following new paragraph:
    ``(3) Not later than September 1, 2009, the Secretary shall do the 
following:
            ``(A) Identify those methodologies of the National Correct 
        Coding Initiative administered by the Secretary (or any 
        successor initiative to promote correct coding and to control 
        improper coding leading to inappropriate payment) which are 
        compatible to claims filed under this title.
            ``(B) Identify those methodologies of such Initiative (or 
        such other national correct coding methodologies) that should 
        be incorporated into claims filed under this title with respect 
        to items or services for which States provide medical 
        assistance under this title and no national correct coding 
        methodologies have been established under such Initiative with 
        respect to title XVIII.
            ``(C) Notify States of--
                    ``(i) the methodologies identified under 
                subparagraphs (A) and (B) (and of any other national 
                correct coding methodologies identified under 
                subparagraph (B)); and
                    ``(ii) how States are to incorporate such 
                methodologies into claims filed under this title.
            ``(D) Submit a report to Congress that includes the notice 
        to States under subparagraph (C) and an analysis supporting the 
        identification of the methodologies made under subparagraphs 
        (A) and (B).''.
    (b) Extension for State Law Amendment.--In the case of a State plan 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
which the Secretary of Health and Human Services determines requires 
State legislation in order for the plan to meet the additional 
requirements imposed by the amendment made by subsection (a)(1)(C), the 
State plan shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its failure to meet 
these additional requirements before the first day of the first 
calendar quarter beginning after the close of the first regular session 
of the State legislature that begins after the date of enactment of 
this Act. For purposes of the previous sentence, in the case of a State 
that has a 2-year legislative session, each year of the session is 
considered to be a separate regular session of the State legislature.

SEC. 8. MEDICAID IMPROVEMENT FUND TECHNICAL CORRECTION.

    (a) In General.--Section 1941(b)(1)(B) of the Social Security Act, 
as added by section 7002(b) of the Supplemental Appropriations Act, 
2008, is amended by inserting ``each of'' after ``for''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Supplemental 
Appropriations Act, 2008 (Public Law 110-252).

SEC. 9. FUNDING FOR THE MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act, as added by section 
7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) and as amended by section 188(a)(2) of the Medicare Improvements 
for Patients and Providers Act of 2008 (Public Law 110-275) and by 
section 6 of the QI Program Supplemental Funding Act of 2008, is 
amended by striking ``$2,290,000,000'' and inserting 
``$2,590,000,000''.

SOLUTION:
Preserving Access to Healthcare (PATH) Act of 2008 - Declares that between October 1, 2008, and March 31, 2009, specified regulations regarding the formula for determining the federal rate for inpatient hospital capital-related costs under the Medicare prospective payment system (PPS) shall apply without the mandatory phase out of the indirect medical education adjustment factor.

Directs the Secretary of Health and Human Services to delay for six months following enactment of this Act any implementation of the Medicaid outpatient hospital services regulation proposed on September 28, 2007.

Prohibits the Secretary from phasing out or eliminating the Medicare hospice wage index budget neutrality adjustment factor before April 1, 2009.

Directs the Secretary, acting through the Administrator of the Centers for Medicare and Medicaid Services and upon the request of the state of California, to extend approval, and full federal financial participation, of the state's Medicaid family planning demonstration project until June 30, 2009, under the eligibility requirements and processes that were in place before the project's first extension period.

Directs the Secretary to delay until April 1, 2009, implementation of a proposed rule published on June 27, 2008 (or any similar rule), relating to: (1) decertification of rural health clinics under the Medicare program that are no longer in nonurbanized areas; and (2) changes in the Medicare payment methodology for rural health clinics and federally qualified health centers.

Amends title XIX (Medicaid) of the Social Security Act, with regard to mechanized claims processing and information retrieval systems, to require states to incorporate compatible methodologies of the National Correct Coding Initiative for claims filed after October 1, 2009. Directs the Secretary to identify such methodologies.

Amends title XVIII (Medicare) of the Social Security Act to increase funding for the Medicare Improvement Fund.