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

[EX Q]: SECTION 1. PURPOSES.

    The purposes of this Act are--
            (1) to enhance the appeal of service in the law enforcement 
        agencies of the United States Department of Justice;
            (2) to extend benefits of a higher education to qualified 
        and deserving young persons who by virtue of the death of or 
        total disability of an eligible officer are not otherwise able 
        to afford the same; and
            (3) to allow such family members to attain the vocational 
        and educational status which such individual might normally 
        have aspired to and obtained had a parent not been killed or 
        disabled in the service of the country.

SEC. 2. BASIC ENTITLEMENT.

    (a) Benefits.--(1) Except as provided in subsection (b), an 
eligible dependent shall be entitled to educational assistance under 
this subpart for a period of one month for each month or fraction 
thereof of the eligible officer's service in a Federal law enforcement 
agency.
    (2) Such educational assistance shall consist of direct payments 
to--
            (A) an educational institution or institution of higher 
        learning for an eligible dependent's tuition, room, board, and 
        other charges imposed by such institution; and
            (B) the eligible dependent for an educational assistance 
        allowances to meet, in part, the cost of fees, supplies, books, 
        equipment and other educational costs, which allowances shall 
        be computed on the same basis set forth in title 38, subchapter 
        IV of the United States Code.
    (b) Benefits for Dependents of Officers Killed.--For each eligible 
dependent of an eligible officer who is killed in the line of duty, 
criteria established in subsection (a) shall not apply. Such eligible 
dependents shall be eligible to receive the benefits provided by this 
subpart for the maximum period of eligibility set forth in subsection 
(e).
    (c) Maximum Benefits.--No eligible dependent shall receive 
educational assistance under this subpart for a period in excess of 
forty-five months.

SEC. 3. TIME LIMITATIONS FOR COMPLETING A PROGRAM OF EDUCATION.

    No educational assistance shall be paid to or for an eligible 
dependent after--
            (1) ten years after the date on which the eligible officer 
        was killed or permanently and totally disabled; or
            (2) the eligible dependent's twenty-seventh birthday, 
        whichever occurs later.
SEC. 4. EDUCATIONAL AND VOCATIONAL COUNSELING.

    (a) Counseling Services.--The Attorney General shall make available 
to an eligible dependent upon such person's request, counseling 
services, including such educational and vocational counseling and 
guidance, testing, and other assistance as the Attorney General deems 
necessary to aid such person in selecting--
            (1) an educational or training objective and an educational 
        institution or training establishment appropriate for the 
        attainment of such objective; or
            (2) an employment objective that would be likely to provide 
        such eligible dependent with satisfactory employment 
        opportunities in light of such person's personal circumstances.
    (b) Notification.--The Attorney General shall take appropriate 
steps (including individual notification where feasible) to acquaint 
all eligible persons with the availability and advantages of such 
counseling services.
    (c) Service Providers.--For purposes of this subpart, the Attorney 
General may provide by interagency agreement with Federal, or State 
agency to provide the services specified.

SEC. 5. APPLICATIONS; APPROVAL.

    (a) Application.--Any eligible dependent who desires to initiate a 
program of education under this subpart shall submit an application to 
the Attorney General in such form and containing such information as 
the Attorney General may reasonably require.
    (b) Approval.--The Attorney General shall approve such application 
unless the Attorney General finds that--
            (1) such dependent is not eligible or is not longer 
        eligible for or entitled to the educational assistance for 
        which application is made;
            (2) the eligible dependent selected educational institution 
        or training establishment fails to meet any requirement of this 
        subpart;
            (3) the eligible dependent's enrollment in, or pursuit of, 
        the program of education selected would violate a provision of 
        this subpart; or
            (4) the eligible dependent is already qualified by reason 
        of previous education or training, for the educational, 
        professional, or vocational objective for which the program of 
        education is offered.
    (c) Acceptance.--The Attorney General shall notify an eligible 
dependent of approval or disapproval of such dependent's application.

SEC. 6. STANDARDS.

    The Attorney General shall promulgate rules and regulations 
regarding unacceptable courses or programs of study for which funding 
will not be provided under this subpart.

SEC. 7. DISCONTINUANCE FOR UNSATISFACTORY CONDUCT OR PROGRESS.

    (a) Discontinuation.--The Attorney General shall discontinue the 
direct payment to an educational institution or institution of higher 
education and educational assistance allowance of an eligible dependent 
if, at any time, the Attorney General finds that according to the 
regularly prescribed standards and practices of the educational 
institution, the dependent's conduct or progress is unsatisfactory.
    (b) Renewal.--The Attorney General may review the payment of the 
educational assistance allowance if the Attorney General finds that--
            (1) the cause of the unsatisfactory conduct or progress of 
        the eligible dependent has been removed; and
            (2) the program which the eligible dependent now proposes 
        to pursue (whether the same or revised) is suitable to the 
        eligible dependent's interests, and abilities.

SEC. 8. SPECIAL RULE.

    Notwithstanding any other provisions of law and any other general 
or special law to the contrary, the Attorney General is authorized and 
directed to reimburse or pay each eligible dependent of an eligible 
officer who was killed in the performance of duties on or after July 1, 
1992, but before the effective date of this statute, an amount 
equivalent to--
            (1) the full cost of tuition, room and board, and other 
        charges paid or for the eligible dependent to, and imposed on, 
        an eligible dependent by an educational institution or 
        institution of higher education; and
            (2) a retroactive educational assistance allowance for each 
        month in which the eligible dependent attended an educational 
        institution or institution of higher education, up to the date 
        of the payment. Following this initial payment, further 
        benefits will be paid to or for the benefit of such eligible 
        dependents in accordance with this chapter.
SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Federal law enforcement agency'' means the 
        Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco 
        and Firearms, the Drug Enforcement Administration, the United 
        States Marshals Service, and any other federal agency directly 
        engaged in the enforcement of the criminal laws of the United 
        States, or the apprehension of individuals subject to criminal 
        prosecution by the United States.
            (2) The term ``eligible officer'' means any agent, special 
        agent, marshal, deputy, or assistant marshal or other similar 
        field officer by whatever name or title such officer is known 
        in a Federal law enforcement agency who has served at least one 
        hundred and eighty days and who is either killed in the 
        performance of duties or suffers injuries that are totally and 
        permanently disabling while performing such duties.
            (3) The term ``eligible dependent'' means the child of any 
        eligible officer who is a ``dependent'' (as defined in section 
        152 of the Internal Revenue Code) or spouse of an eligible 
        officer at the time of such officer's death or on the date of 
        total and disabling injury.
            (4) The term ``program of education'' shall mean any 
        curriculum or any combination of unit courses or subjects 
        pursued at an educational institution which is generally 
        accepted as necessary to fulfill requirements for the 
        attainment of a pre- determined and identified educational, 
        professional, or vocational objective. Such term also means any 
        curriculum of unit course or subjects pursued at an educational 
        institution which fulfill requirements for the attainment of 
        more than one predetermined and identified educational, 
        professional, or vocational objective if all the objectives 
        pursued as generally recognized as being reasonably related to 
        a single career field. To pursue any other course of study, an 
        eligible dependent shall apply to the AG for approval.
            (5) The term ``educational institution'' means any public 
        or private elementary school, secondary school, vocational 
        school, correspondence school, business school, junior college, 
        teachers' college, college, normal school, professional school, 
        university, or scientific or technical institutions, or other 
        accredited institutions furnishing education for adults.
            (6) The term ``institution of higher learning'' means a 
        college, university, or similar institution, including a 
        technical or business school, offering postsecondary level 
        academic instruction that leads to an associate or higher 
        degree if the school is empowered by the appropriate State 
        educational authority under State law to grant an associate or 
        higher degree. When there is no State law to authorize the 
        granting of a degree, the school may be recognized as an 
        institution of higher learning if it is accredited for degree 
        programs by a recognized accrediting agency. Such term shall 
        also include a hospital offering educational programs at the 
        post-secondary level without regard to whether the hospital 
        grants a postsecondary degree. Such term shall also include an 
        educational institution which is not located in a State, which 
        offers a course leading to a standard college degree, or the 
        equivalent, and which is recognized as such by the Secretary of 
        Education (or comparable official) of the country or other 
        jurisdiction in which the institution is located.
            (7) The term ``standard college degree'' means an associate 
        or higher degree awarded by--
                    (A) an institution of higher learning that is 
                accredited as a collegiate institution by a recognized 
                regional or national accrediting agency;
                    (B) an institution of higher learning that is a 
                ``candidate'' for accreditation as that term is used by 
                the regional or national accrediting agencies; or
                    (C) an institution of higher learning upon 
                completion of a course which is accredited by an agency 
                recognized to accredit specialized degree-level 
                programs. For the purpose of this section, the 
                accrediting agency must be one recognized by the 
                Secretary of Education under the provisions of section 
                1775 of this title 38.
[EX A]: Provides for educational assistance for eligible dependents of Federal law enforcement officers who are killed or disabled in the performance of their duties. 
Entitles such dependents to such assistance for:  (1) one month for each month (or fraction) of the disabled officer's service, up to a maximum of 45 months; and (2) the maximum 45 months, if the officer has been killed. 
Limits the period for using such assistance to before the later of: (1) ten years after the officer was killed or permanently and totally disabled; or (2) the dependent's 27th birthday. 
Directs the Attorney General to make certain counseling services available, upon the dependent's request, and to publicize the availability of such services. 
Provides for such assistance program applications and their approval, standards, discontinuance for unsatisfactory progress or conduct, and a special rule for retroactive assistance.

[EX Q]: SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

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

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

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

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

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

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

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

``SEC. 2704. STANDARDS FOR DRUG TESTING.

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

``SEC. 2505. EMPLOYEE PROTECTIONS.

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

``SEC. 2706. CONFIDENTIALITY.

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

``SEC. 2707. EMPLOYER PRACTICES.

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

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

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

``SEC. 2709. REGULATIONS.

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

``SEC. 2710. ENFORCEMENT AND RELIEF.

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

``SEC. 2711. EFFECT ON OTHER LAWS.

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

``SEC. 2712. EFFECTIVE DATE.

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

``SEC. 2713. DEFINITIONS.

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

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.
[EX A]: Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Needlestick Safety and Prevention 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
        (1) Numerous workers who are occupationally exposed to 
    bloodborne pathogens have contracted fatal and other serious 
    viruses and diseases, including the human immunodeficiency virus 
    (HIV), hepatitis B, and hepatitis C from exposure to blood and 
    other potentially infectious materials in their workplace.
        (2) In 1991 the Occupational Safety and Health Administration 
    issued a standard regulating occupational exposure to bloodborne 
    pathogens, including the human immunodeficiency virus, (HIV), the 
    hepatitis B virus (HBV), and the hepatitis C virus (HCV).
        (3) Compliance with the bloodborne pathogens standard has 
    significantly reduced the risk that workers will contract a 
    bloodborne disease in the course of their work.
        (4) Nevertheless, occupational exposure to bloodborne pathogens 
    from accidental sharps injuries in health care settings continues 
    to be a serious problem. In March 2000, the Centers for Disease 
    Control and Prevention estimated that more than 380,000 
    percutaneous injuries from contaminated sharps occur annually among 
    health care workers in United States hospital settings. Estimates 
    for all health care settings are that 600,000 to 800,000 
    needlestick and other percutaneous injuries occur among health care 
    workers annually. Such injuries can involve needles or other sharps 
    contaminated with bloodborne pathogens, such as HIV, HBV, or HCV.
        (5) Since publication of the bloodborne pathogens standard in 
    1991 there has been a substantial increase in the number and 
    assortment of effective engineering controls available to 
    employers. There is now a large body of research and data 
    concerning the effectiveness of newer engineering controls, 
    including safer medical devices.
        (6) 396 interested parties responded to a Request for 
    Information (in this section referred to as the ``RFI'') conducted 
    by the Occupational Safety and Health Administration in 1998 on 
    engineering and work practice controls used to eliminate or 
    minimize the risk of occupational exposure to bloodborne pathogens 
    due to percutaneous injuries from contaminated sharps. Comments 
    were provided by health care facilities, groups representing 
    healthcare workers, researchers, educational institutions, 
    professional and industry associations, and manufacturers of 
    medical devices.
        (7) Numerous studies have demonstrated that the use of safer 
    medical devices, such as needleless systems and sharps with 
    engineered sharps injury protections, when they are part of an 
    overall bloodborne pathogens risk-reduction program, can be 
    extremely effective in reducing accidental sharps injuries.
        (8) In March 2000, the Centers for Disease Control and 
    Prevention estimated that, depending on the type of device used and 
    the procedure involved, 62 to 88 percent of sharps injuries can 
    potentially be prevented by the use of safer medical devices.
        (9) The OSHA 200 Log, as it is currently maintained, does not 
    sufficiently reflect injuries that may involve exposure to 
    bloodborne pathogens in healthcare facilities. More than 98 percent 
    of healthcare facilities responding to the RFI have adopted 
    surveillance systems in addition to the OSHA 200 Log. Information 
    gathered through these surveillance systems is commonly used for 
    hazard identification and evaluation of program and device 
    effectiveness.
        (10) Training and education in the use of safer medical devices 
    and safer work practices are significant elements in the prevention 
    of percutaneous exposure incidents. Staff involvement in the device 
    selection and evaluation process is also an important element to 
    achieving a reduction in sharps injuries, particularly as new safer 
    devices are introduced into the work setting.
        (11) Modification of the bloodborne pathogens standard is 
    appropriate to set forth in greater detail its requirement that 
    employers identify, evaluate, and make use of effective safer 
    medical devices.

SEC. 3. BLOODBORNE PATHOGENS STANDARD.

    The bloodborne pathogens standard published at 29 CFR 1910.1030 
shall be revised as follows:
        (1) The definition of ``Engineering Controls'' (at 29 CFR 
    1910.1030(b)) shall include as additional examples of controls the 
    following: ``safer medical devices, such as sharps with engineered 
    sharps injury protections and needleless systems''.
        (2) The term ``Sharps with Engineered Sharps Injury 
    Protections'' shall be added to the definitions (at 29 CFR 
    1910.1030(b)) and defined as ``a nonneedle sharp or a needle device 
    used for withdrawing body fluids, accessing a vein or artery, or 
    administering medications or other fluids, with a built-in safety 
    feature or mechanism that effectively reduces the risk of an 
    exposure incident''.
        (3) The term ``Needleless Systems'' shall be added to the 
    definitions (at 29 CFR 1910.1030(b)) and defined as ``a device that 
    does not use needles for: (A) the collection of bodily fluids or 
    withdrawal of body fluids after initial venous or arterial access 
    is established; (B) the administration of medication or fluids; or 
    (C) any other procedure involving the potential for occupational 
    exposure to bloodborne pathogens due to percutaneous injuries from 
    contaminated sharps''.
        (4) In addition to the existing requirements concerning 
    exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review and 
    update of such plans shall be required to also--
            (A) ``reflect changes in technology that eliminate or 
        reduce exposure to bloodborne pathogens''; and
            (B) ``document annually consideration and implementation of 
        appropriate commercially available and effective safer medical 
        devices designed to eliminate or minimize occupational 
        exposure''.
        (5) The following additional recordkeeping requirement shall be 
    added to the bloodborne pathogens standard at 29 CFR 1910.1030(h): 
    ``The employer shall establish and maintain a sharps injury log for 
    the recording of percutaneous injuries from contaminated sharps. 
    The information in the sharps injury log shall be recorded and 
    maintained in such manner as to protect the confidentiality of the 
    injured employee. The sharps injury log shall contain, at a 
    minimum--
            ``(A) the type and brand of device involved in the 
        incident,
            ``(B) the department or work area where the exposure 
        incident occurred, and
            ``(C) an explanation of how the incident occurred.''.
    The requirement for such sharps injury log shall not apply to any 
    employer who is not required to maintain a log of occupational 
    injuries and illnesses under 29 CFR 1904 and the sharps injury log 
    shall be maintained for the period required by 29 CFR 1904.6.
        (6) The following new section shall be added to the bloodborne 
    pathogens standard: ``An employer, who is required to establish an 
    Exposure Control Plan shall solicit input from non-managerial 
    employees responsible for direct patient care who are potentially 
    exposed to injuries from contaminated sharps in the identification, 
    evaluation, and selection of effective engineering and work 
    practice controls and shall document the solicitation in the 
    Exposure Control Plan.''.

SEC. 4. EFFECT OF MODIFICATIONS.

    The modifications under section 3 shall be in force until 
superseded in whole or in part by regulations promulgated by the 
Secretary of Labor under section 6(b) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same 
manner and to the same extent as any rule or regulation promulgated 
under section 6(b).

SEC. 5. PROCEDURE AND EFFECTIVE DATE.

    (a) Procedure.--The modifications of the bloodborne pathogens 
standard prescribed by section 3 shall take effect without regard to 
the procedural requirements applicable to regulations promulgated under 
section 6(b) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, 
United States Code.
    (b) Effective Date.--The modifications to the bloodborne pathogens 
standard required by section 3 shall--
        (1) within 6 months of the date of the enactment of this Act, 
    be made and published in the Federal Register by the Secretary of 
    Labor acting through the Occupational Safety and Health 
    Administration; and
        (2) at the end of 90 days after such publication, take effect.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
[EX A]:
Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements.