instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Federal Lands Management 
Demonstration Project''.

SEC. 2. CONGRESSIONAL FINDINGS; PURPOSES.

    (a) Findings.--Congress finds and declares the following:
            (1) The Alaska National Interest Lands Conservation Act (16 
        U.S.C. 3101 et seq.) established new and expanded units of the 
        National Park System and the National Wildlife System in many 
        areas of Alaska. The purposes of these conservation system 
        units were, among other purposes, to protect habitat for fish 
        and wildlife, to conserve fish and wildlife populations in 
        their natural state, to provide continued opportunity for 
        subsistence uses by local residents, and to protect 
        archaeological sites associated with Native cultures.
            (2) Many rural Alaskan communities are in close proximity 
        to conservation system lands, and the purposes of these units 
        are uniquely relevant to the culture and ways of Native 
        Alaskans and other residents of rural Alaskan communities. 
        Congress recognized this close relationship in sections 1306, 
        1307 and 1308 of the Alaska National Interest Lands 
        Conservation Act, which directed the Secretary of Interior to 
        establish programs whereby Native lands were given preference 
        for the siting of conservation service unit facilities, Native 
        corporations and local residents were given preference for the 
        provision of visitor services, and local residents were given 
        preferences for employment. Despite these provisions, little 
        progress has been made in increasing related employment 
        opportunities for Native Alaskan and other local residents.
            (3) In much of rural Alaska, Indian tribes and tribal 
        organizations have a long history of contracting to operate 
        Federal programs and provide Federal services to resident 
        Alaskan Natives and have demonstrated the capacity to provide 
        other kinds of Federal programs and services.
    (b) Purposes.--The purposes of this demonstration project are to 
design innovative management strategies that will lead to greater 
efficiency in conservation system unit management, expand Native 
contracting opportunities, increase local employment, and further the 
unique purposes of these units as they relate to subsistence practices, 
Alaska Native cultures, and the preservation of fish and wildlife 
habitat and populations.

SEC. 3. AUTHORIZATION OF DEMONSTRATION PROJECT.

    The Secretary of the Interior shall, for a period not to exceed 5 
years following the date of the enactment of this Act, conduct an 
Alaska Federal Lands Management Demonstration Project.

SEC. 4. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.

    (a) Participation.--The Secretary shall select, upon request and in 
a manner to achieve geographic representation, not less than 6 eligible 
Alaska Native tribes or tribal organizations per year to participate in 
the Demonstration Project in fiscal years 2000 and 2001.
    (b) Eligibility.--To be eligible to participate in the 
Demonstration Project, each Indian tribe or tribal organization shall--
            (1) request participation by resolution or other official 
        action of the governing body of the tribal organization;
            (2) demonstrate financial and management stability and 
        capability;
            (3) demonstrate significant use of or dependency upon the 
        relevant conservation system unit or other public land unit for 
        which programs, functions, services, and activities are 
        requested to be placed under contract;
            (4) where the Secretary receives a request to contract 
        specific conservation system unit programs, services, 
        functions, and activities, or portions thereof, from more than 
        1 Indian tribe or tribal organization meeting the criteria set 
        forth in paragraphs (1) through (3), the Secretary shall apply 
        the priority selection criteria applied by the Juneau Area 
        Bureau of Indian Affairs for contracting pursuant to the Indian 
        Self-Determination and Education Assistance Act. If, after 
        applying such criteria, there remains more than one eligible 
        participant and such participants have overlapping requests to 
        negotiate and contract for the same programs, services, 
        functions, and activities, or portions thereof, the Secretary 
        may require such Indian tribes or organizations to agree which 
        entity shall have the ability to contract, or to submit a joint 
        request prior to entering into negotiations.
    (c) Contracts.--
            (1) In general.--Upon request, the Secretary shall 
        negotiate and enter into a contract with each participating 
        Indian tribe or tribal organization to plan, conduct and 
        administer requested programs, services, functions and 
        activities, or portions thereof, related to the administration 
        of a conservation system unit or other public land unit that is 
        substantially located within the geographic region of the 
        respective Indian tribe or tribal organization.
            (2) Technical support.--Contracts authorized by this Act 
        shall include, at the request of the Indian tribe or tribal 
        organization, the operation and support of the regional 
advisory councils, biological research, harvest monitoring, and other 
technical research related to conservation and allocation actions by 
the regional councils, and such other programs, functions, services, 
and activities reasonably necessary to carry out title VIII of the 
Alaska National Interests Lands Conservation Act.
            (3) Time limitation for negotiation of contracts.--Not 
        later than 90 days after selection by the Secretary of 
        participating Indian tribes or tribal organizations, the 
        Secretary shall initiate and conclude negotiations, unless an 
        alternative negotiation and implementation schedule is 
        otherwise mutually agreed to by the parties. The declination 
        and appeals provisions of the Indian Self-Determination and 
        Education Assistance Act, including section 110 of such Act, 
        shall apply to contracts and agreements requested and 
        negotiated under this Act.
    (d) Contract Administration.--
            (1) Inclusion of certain terms.--At the request of the 
        contracting Indian tribe or tribal organization, the benefits, 
        privileges, terms, and conditions of agreements entered into 
        pursuant to titles I and IV of the Indian Self-Determination 
        and Education Assistance Act shall be available for inclusion 
        in a contract entered into under this Act. If any provisions of 
        the Indian Self-Determination and Education Assistance Act are 
        incorporated they shall have the same force and effect as if 
        set out in full in this Act and shall apply notwithstanding any 
        other provision of law. The parties may include such other 
        terms and conditions as are mutually agreed to and not 
        otherwise contrary to law.
            (2) Audit.--Contracts entered into under this Act shall 
        provide for a single-agency audit report to be filed as 
        required by chapter 75 of title 31, United States Code.
            (3) Transfer of employees.--Any career Federal employee 
        employed at the time of the transfer of an operation or program 
        to an Indian tribe or tribal organization shall not be 
        separated from Federal service by such transfer. 
        Intergovernmental Personnel Actions may be used to transfer 
        supervision of such employees to the contracting Indian tribe 
        or tribal organization. Such transferred employees shall be 
        given priority placement for any available position within 
        their respective agency, notwithstanding any priority 
        reemployment lists, directives, rules, regulations or other 
        orders from the Department of the Interior, the Office of 
        Management and Budget, or other Federal agencies.
    (e) Available Funding; Payment.--Under the terms of a contract 
negotiated pursuant to subsection (a), the Secretary shall provide each 
Indian tribe or tribal organization funds in an amount not less than 
the Secretary would have otherwise provided for the operation of the 
requested programs, services, functions, and activities. Contracts 
entered into under this Act shall provide for advance payments to the 
tribal organizations in the form of annual or semiannual installments.
    (f) Timing.--Indian tribes and tribal organizations selected to 
participate shall be entitled to begin implementation of any requested 
contracts no later than the first fiscal year following the year in 
which the Indian tribe or tribal organization is selected for 
participation, unless the Indian tribe or tribal organization and the 
Secretary, by mutual agreement, shall agree to an alternate 
implementation schedule.
    (g) Report.--Not later than 90 days after the close of fiscal years 
2000 and 2001 and the end of this Demonstration Project, the Secretary 
shall present to the Congress detailed reports, including a narrative, 
findings, and conclusions on the costs and benefits of the 
Demonstration Project. The reports shall identify remaining 
institutional and legal barriers to the contracting of conservation 
system unit management to Alaska Native entities and shall contain 
suggestions for improving, continuing, and expanding the Demonstration 
Project. The reports shall be authored jointly with, and shall include 
the separate views of, all participating Alaska Native tribes and 
tribal organizations.
    (h) Limitations.--
            (1) Revenue producing visitor services.--Contracts 
        authorized under this Act shall not include revenue producing 
        visitor services unless an agreement is reached with the most 
        directly affected Alaskan Native corporations to allow such 
        services to be included in the contract. Such contracts shall 
        not otherwise repeal, alter, or otherwise modify the any other 
        existing provision of sections 1307 and 1308 of the Alaska 
        National Interests Lands Conservation Act.
            (2) Denali national park.--The Denali National Park shall 
        not be subject to any of the provisions of this Act.
    (i) Grants.--
            (1) In general.--Upon application, the Secretary shall 
        award a planning grant in the amount of $100,000 to any 
        participating Alaska Native tribe or tribal organization to 
plan for the contracting of programs, functions, services, and 
activities authorized under this Act.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $600,000 in each of the 2 fiscal years 
        immediately following the date of the enactment of this Act to 
        fund planning grants authorized under this subsection.

SEC. 5. ANILCA SECTION 1307 AND 1308 IMPLEMENTATION PROGRESS REPORT.

    (a) Report Required.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall transmit to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of Representatives a 
report detailing the progress that the Department of the Interior has 
made in the implementation of the provisions of sections 1307 and 1308 
of the Alaska National Interests Lands Conservation Act. The report 
shall--
            (1) include a detailed action plan on the future 
        implementation of the provisions of sections 1307 and 1308 of 
        that Act;
            (2) describe in detail the measures and actions that will 
        be taken to implement such sections, along with a description 
        of the anticipated results to be achieved during the 3 fiscal 
        years following the submission of the report;
            (3) address any laws, rules, regulations, and policies 
        which limit or deter the goal of Alaska Native hiring or 
        contracting to perform and conduct activities and programs of 
        Department agencies and bureaus other than those currently 
        available through the Bureau of Indian Affairs.
    (b) Funding.--The report required under subsection (a) shall be 
completed within existing appropriations.

SEC. 6. DEFINITIONS.--

    For the purposes of this Act:
            (1) Conservation system unit.--The term ``conservation 
        system unit'' shall have the meaning given that term in section 
        102(4) of the Alaska National Interest Lands Conservation Act.
            (2) Indian tribe.--The term ``Indian tribe'' shall have the 
        meaning given that term in subsection 4(e) of the Indian Self-
        Determination and Education Assistance Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal organization.--The term ``tribal organization'' 
        shall have the meaning given that term in subsection 4(l) of 
        the Indian Self-Determination and Education Assistance Act.
answer:
Requires the Secretary to: (1) select not less than six eligible Alaska Native tribes or tribal organizations per year to participate in the Project in FY 2000 and 2001; and (2) negotiate and enter into a contract with each participant to plan, conduct, and administer requested programs and services related to the administration of a conservation system unit or other public land unit substantially located within the respective Indian tribe's or tribal organization's geographic region.
Requires contracts to include, at the participant's request, the operation and support of the regional advisory councils, biological research, harvest monitoring, and other technical research related to conservation and allocation actions by the regional councils and such other programs and services reasonably necessary to carry out title VIII of the Alaska National Interests Lands Conservation Act (ANILCA). Makes available the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act for inclusion in the contract, at the request of the contracting tribe or tribal organization.
Prohibits the separation of any career Federal employee employed at the time of the transfer of an operation or program from Federal service to a tribe or tribal organization. Directs the Secretary to provide each tribe or tribal organization funds that would have otherwise been provided for the operation of the requested programs and services.
Specifies that contracts shall not include revenue producing visitor services unless an agreement is reached with the most directly affected Alaska Native corporations.
Exempts Denali National Park from the provisions of this Act.
Requires the Secretary, upon application, to award a planning grant to any participating Alaska Native tribe or tribal organization to plan for the contracting of programs and services authorized under this Act.
Authorizes appropriations.
Requires transmittal by the Secretary to the appropriate congressional committees of a report on the progress that the Department of the Interior has made in the implementation of ANILCA provisions concerning: (1) the continuation of existing visitor services in areas established as or added to a conservation system unit; and (2) establishment of a program for hiring individuals who, by reason of having lived or worked in or near public lands, have special knowledge or expertise concerning the natural or cultural resources of public lands, without regard to certain civil service training requirements, employment preferences, or numerical limitations.


question:
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).''.
answer:
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.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National All Schedules Prescription 
Electronic Reporting Act of 2004''.

SEC. 2. CONTROLLED SUBSTANCE MONITORING PROGRAM.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding after section 399N the following:

``SEC. 399O. CONTROLLED SUBSTANCE MONITORING PROGRAM.

    ``(a) Formula Grants.--
            ``(1) In general.--Each fiscal year, the Secretary shall 
        make a payment to each State with an application approved under 
        this section for the purpose of establishing and implementing a 
        controlled substance monitoring program under this section.
            ``(2) Determination of amount.--In making payments under 
        paragraph (1) for a fiscal year, the Secretary shall allocate 
        to each State with an application approved under this section 
        an amount which bears the same ratio to the amount appropriated 
        to carry out this section for that fiscal year as the number of 
        pharmacies of the State bears to the number of pharmacies of 
        all States with applications approved under this section (as 
        determined by the Secretary), except that the Secretary may 
        adjust the amount allocated to a State under this paragraph 
        after taking into consideration the budget cost estimate for 
        the State's controlled substance monitoring program.
    ``(b) Application Approval Process.--
            ``(1) In general.--To seek a grant under this section, a 
        State shall submit an application at such time, in such manner, 
        and containing such assurances and information as the Secretary 
        may reasonably require. Each such application shall include--
                    ``(A) a budget cost estimate for the State's 
                controlled substance monitoring program;
                    ``(B) proposed standards for security for 
                information handling and for the database maintained by 
                the State under subsection (d) generally including 
                efforts to use appropriate encryption technology or 
                other such technology;
                    ``(C) proposed standards for meeting the uniform 
                electronic format requirement of subsection (g);
                    ``(D) proposed standards for availability of 
                information and limitation on access to program 
                personnel;
                    ``(E) proposed standards for access to the 
                database, and procedures to ensure database accuracy;
                    ``(F) proposed standards for redisclosure of 
                information;
                    ``(G) proposed penalties for illegal redisclosure 
                of information; and
                    ``(H) assurances of compliance with all other 
                requirements of this section.
            ``(2) Approval or disapproval.--Not later than 90 days 
        after the submission by a State of an application under 
        paragraph (1), the Secretary shall approve or disapprove the 
        application. The Secretary shall approve the application if the 
        State demonstrates to the Secretary that the State will 
        establish and implement or operate a controlled substance 
        monitoring program in accordance with this section.
            ``(3) Withdrawal of authorization.--If a State fails to 
        implement a controlled substance monitoring program in 
        accordance with this section--
                    ``(A) the Secretary shall give notice of the 
                failure to the State; and
                    ``(B) if the State fails to take corrective action 
                within a reasonable period of time, the Secretary shall 
                withdraw any approval of the State's application under 
                this section.
            ``(4) Voluntary discontinuance.--A funding agreement for 
        the receipt of a payment under this section is that the State 
        involved will give a reasonable period of notice to the 
        Secretary before ceasing to implement or operate a controlled 
        substance monitoring program under this section. The Secretary 
        shall determine the period of notice that is reasonable for 
        purposes of this paragraph.
            ``(5) Return of funds.--If the Secretary withdraws approval 
        of a State's application under this section, or the State 
        chooses to cease to implement a controlled substance monitoring 
        program under this section, a funding agreement for the receipt 
        of a payment under this section is that the State will return 
        to the Secretary an amount which bears the same ratio to the 
        overall payment as the remaining time period for expending the 
        payment bears to the overall time period for expending the 
        payment (as specified by the Secretary at the time of the 
        payment).
    ``(c) Reporting Requirements.--In implementing a controlled 
substance monitoring program under this section, a State shall comply 
with the following:
            ``(1) The State shall require dispensers to report to such 
        State each dispensing in the State of a controlled substance to 
        an ultimate user or research subject not later than 1 week 
        after the date of such dispensing.
            ``(2) The State may exclude from the reporting requirement 
        of this subsection--
                    ``(A) the direct administration of a controlled 
                substance to the body of an ultimate user or research 
                subject;
                    ``(B) the dispensing of a controlled substance in a 
                quantity limited to an amount adequate to treat the 
                ultimate user or research subject involved for 48 hours 
                or less; or
                    ``(C) the administration or dispensing of a 
                controlled substance in accordance with any other 
                exclusion identified by the Secretary for purposes of 
                this paragraph.
            ``(3) The information to be reported under this subsection 
        with respect to the dispensing of a controlled substance shall 
        include the following:
                    ``(A) Drug Enforcement Administration Registration 
                Number of the dispenser.
                    ``(B) Drug Enforcement Administration Registration 
                Number and name of the practitioner who prescribed the 
                drug.
                    ``(C) Name, address, and telephone number of the 
                ultimate user or research subject.
                    ``(D) Identification of the drug by a national drug 
                code number.
                    ``(E) Quantity dispensed.
                    ``(F) Estimated number of days for which such 
                quantity should last.
                    ``(G) Number of refills ordered.
                    ``(H) Whether the drug was dispensed as a refill of 
                a prescription or as a first-time request.
                    ``(I) Date of the dispensing.
                    ``(J) Date of origin of the prescription.
            ``(4) The State shall require dispensers to report 
        information under this section in accordance with the 
        electronic format specified by the Secretary under subsection 
        (g), except that the State may waive the requirement of such 
        format with respect to an individual dispenser.
            ``(5) The State shall automatically share information 
        reported under this subsection with another State with an 
        application approved under this section if the information 
        concerns--
                    ``(A) the dispensing of a controlled substance to 
                an ultimate user or research subject who resides in 
                such other State; or
                    ``(B) the dispensing of a controlled substance 
                prescribed by a practitioner whose principal place of 
                business is located in such other State.
            ``(6) The State may notify the appropriate authorities 
        responsible for drug diversion investigation if information in 
        the database maintained by the State under subsection (d) 
        indicates an unlawful diversion or misuse of a controlled 
        substance.
    ``(d) Database.--In implementing a controlled substance monitoring 
program under this section, a State shall comply with the following:
            ``(1) The State shall establish and maintain an electronic 
        database containing the information reported to the State under 
        subsection (c).
            ``(2) The database must be searchable by any field or 
        combination of fields.
            ``(3) The State shall include reported information in the 
        database at such time and in such manner as the Secretary 
        determines appropriate, with appropriate safeguards for 
        ensuring the accuracy and completeness of the database.
            ``(4) The State shall take appropriate security measures to 
        protect the integrity of, and access to, the database.
    ``(e) Provision of Information.--Subject to subsection (f), in 
implementing a controlled substance monitoring program under this 
section, a State may provide information from the database established 
under subsection (d) and, in the case of a request under paragraph (3), 
summary statistics of such information, in response to a request by--
            ``(1) a practitioner (or the agent thereof) who certifies, 
        under the procedures determined by the State, that the 
        requested information is for the purpose of providing medical 
        or pharmaceutical treatment or evaluating the need for such 
        treatment to a bona fide current patient;
            ``(2) any local, State, or Federal law enforcement, 
        narcotics control, licensure, disciplinary, or program 
        authority, who certifies, under the procedures determined by 
        the State, that the requested information is related to an 
        individual investigation or proceeding involving the unlawful 
        diversion or misuse of a schedule II, III, or IV substance, and 
        such information will further the purpose of the investigation 
        or assist in the proceeding;
            ``(3) any agent of the Department of Health and Human 
        Services, a State medicaid program, a State health department, 
        or the Drug Enforcement Administration who certifies that the 
        requested information is necessary for research to be conducted 
        by such department, program, or administration, respectively, 
        and the intended purpose of the research is related to a 
        function committed to such department, program, or 
        administration by law that is not investigative in nature; or
            ``(4) any agent of another State, who certifies that the 
        State has an application approved under this section and the 
        requested information is for the purpose of implementing the 
        State's controlled substance monitoring program under this 
        section.
    ``(f) Limitations.--In implementing a controlled substance 
monitoring program under this section, a State--
            ``(1) shall make reasonable efforts to limit the 
        information provided pursuant to a valid request under 
        subsection (e) to the minimum necessary to accomplish the 
        intended purpose of the request; and
            ``(2) shall not provide any individually identifiable 
        information in response to a request under subsection (e)(3).
    ``(g) Electronic Format.--The Secretary shall specify a uniform 
electronic format for the reporting, sharing, and provision of 
information under this section.
    ``(h) Rules of Construction.--
            ``(1) Functions otherwise authorized by law.--Nothing in 
        this section shall be construed to restrict the ability of any 
        authority, including any local, State, or Federal law 
        enforcement, narcotics control, licensure, disciplinary, or 
        program authority, to perform functions otherwise authorized by 
        law.
            ``(2) No preemption.--Nothing in this section shall be 
        construed as preempting any State law, except that no such law 
        may relieve any person of a requirement otherwise applicable 
        under this Act.
            ``(3) Additional privacy protections.--Nothing in this 
        section shall be construed as preempting any State from 
        imposing any additional privacy protections.
            ``(4) Certain confidentiality requirements.--Nothing in 
        this section shall be construed as superceding the 
        confidentiality requirements of programs defined by and subject 
        to part 2 of title 42, Code of Federal Regulations.
            ``(5) No federal private cause of action.--Nothing in this 
        section shall be construed to create a Federal private cause of 
        action.
    ``(i) Relation to HIPAA.--Except to the extent inconsistent with 
this section, the provision of information pursuant to subsection 
(c)(5), (c)(6), or (e) and the subsequent transfer of such information 
are subject to any requirement that would otherwise apply under the 
regulations promulgated pursuant to section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996.
    ``(j) Preference.--Beginning January 1, 2007, the Secretary, in 
awarding any competitive grant that is related to drug abuse (as 
determined by the Secretary) to a State, shall give preference to any 
State with an application approved under this section.
    ``(k) Study.--Not later than 2 years after the date of the 
enactment of this section, the Secretary shall--
            ``(1) complete a study that--
                    ``(A) determines the progress of States in 
                establishing and implementing controlled substance 
                monitoring programs under this section;
                    ``(B) determines the feasibility of implementing a 
                real-time electronic controlled substance monitoring 
                program, including the costs associated with 
                establishing such a program; and
                    ``(C) provides an analysis of the privacy 
                protections in place for the information reported to 
                the controlled substance monitoring program in each 
                State receiving a grant for the establishment or 
                operation of such program, and a comparison to the 
                privacy requirements that apply to covered entities 
                under regulations promulgated pursuant to section 
                264(c) of the Health Insurance Portability and 
                Accountability Act of 1996, along with any 
                recommendations for additional requirements for 
                protection of this information; and
            ``(2) submit a report to the Congress on the results of the 
        study.
    ``(l) Advisory Council.--
            ``(1) Establishment.--A State may establish an advisory 
        council to assist in the establishment and implementation of a 
        controlled substance monitoring program under this section.
            ``(2) Sense of congress.--It is the sense of the Congress 
        that, in establishing an advisory council under this 
        subsection, a State should consult with appropriate 
        professional boards and other interested parties.
    ``(m) Definitions.--For purposes of this section:
            ``(1) The term `bona fide patient' means an individual who 
        is a patient of the dispenser or practitioner involved.
            ``(2) The term `controlled substance' means a drug that is 
        included in schedule II, III, or IV of section 202(c) of the 
        Controlled Substance Act.
            ``(3) The term `dispense' means to deliver a controlled 
        substance to an ultimate user or research subject by, or 
        pursuant to the lawful order of, a practitioner, irrespective 
        of whether the dispenser uses the Internet or other means to 
        effect such delivery.
            ``(4) The term `dispenser' means a physician, pharmacist, 
        or other individual who dispenses a controlled substance to an 
        ultimate user or research subject.
            ``(5) The term `practitioner' means a physician, dentist, 
        veterinarian, scientific investigator, pharmacy, hospital, or 
        other person licensed, registered, or otherwise permitted, by 
        the United States or the jurisdiction in which he or she 
        practices or does research, to distribute, dispense, conduct 
        research with respect to, administer, or use in teaching or 
        chemical analysis, a controlled substance in the course of 
        professional practice or research.
            ``(6) The term `State' means each of the 50 States and the 
        District of Columbia.
            ``(7) The term `ultimate user' means a person who has 
        lawfully obtained, and who possesses, a controlled substance 
        for his or her own use, for the use of a member of his or her 
        household, or for the use of an animal owned by him or her or 
        by a member of his or her household.
    ``(n) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated--
            ``(1) $25,000,000 for each of fiscal years 2006 and 2007; 
        and
            ``(2) $15,000,000 for each of fiscal years 2008, 2009, and 
        2010.''.

            Passed the House of Representatives October 5, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
answer:

National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to approved States to establish a controlled substance monitoring program. Bases the amount of each grant on the ratio of pharmacies in the State receiving such a grant to the number of pharmacies in all approved States.

Requires a State to submit a grant application that shall include proposed penalties for illegal redisclosure of information and proposed standards for: (1) information security; (2) availability of information and limitation on access to program personnel; (3) database access and integrity; and (4) redisclosure of information. Requires the Secretary to approve such an application if the State demonstrates that it will establish or operate a controlled substance monitoring program in accordance with this Act.

Requires an approved State to give notice if it fails to implement such a program. Requires the Secretary to withdrawal approval if the State fails to take corrective action within a reasonable period of time.

Requires an approved State to give the Secretary notice before ceasing to implement or operate such a program.

Requires an approved State to: (1) require dispensers to report within one week of each dispensing of a controlled substance to an ultimate user or research subject; (2) report information in accordance with the specified electronic format; (3) automatically share with another approved State information concerning the dispensing of a controlled substance to a user or subject who resides in such other State or by a practitioner whose principal place of business is in such other State.

Allows a State to notify the appropriate authorities responsible for drug diversion investigations if information in the database indicates an unlawful diversion or misuse of a controlled substance.

Requires the State to establish and maintain an electronic searchable database containing the information reported.

Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services (HHS), State Medicaid programs, State health departments, or the Drug Enforcement Administration (DEA). Requires a State to make reasonable efforts to limit the information provided to the minimum necessary and to withhold all individually identifiable information from requests by HHS, State Medicaid programs, State health departments, or DEA.

Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information; (2) give preference to approved States in awarding competitive grants related to drug use beginning January 1, 2007; (3) study and report to Congress on such programs, including the progress of States in establishing such programs, the feasibility of implementing a real-time electronic controlled substance monitoring program, and privacy protections.

Authorizes appropriations.