Page:United States Statutes at Large Volume 105 Part 1.djvu/989

This page needs to be proofread.

PUBLIC LAW 102-143—OCT. 28, 1991 105 STAT. 961 " (2) OTHER REGULATIONS ISSUED BY SECRETARY. — Nothing in this section shall be construed to restrict the discretion of the Secretary to continue in force, amend, or further supplement any regulations governing the use of alcohol or controlled substances by commercial motor vehicle employees issued before the date of enactment of this section. "(3) INTERNATIONAL OBLIGATIONS.— In issuing regulations under this section, the Secretary shall only establish requirements that are consistent with the international obligations of the United States, and the Secretary shall take into consideration any applicable laws and regulations of foreign countries. "(f) APPLICATION OF PENALTIES.— "(1) EFFECT ON OTHER PENALTIES.— Nothing in this section shall be construed to supersede any penalty applicable to the operator of a commercial motor vehicle under this title or any other provision of law. "(2) DETERMINATION OF SANCTIONS. —The Secretary shall determine appropriate sanctions for commercial motor vehicle operators who are determined, as a result of tests conducted and confirmed under this section, to have used, in violation of law or Federal regulation, alcohol or a controlled substance but are not under the influence of alcohol or a controlled substance, as provided in this title. "(g) DEFINITION. —For the purposes of this section, the term 'controlled substance' means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". (2) The table of contents of the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570; 100 Stat. 5223) is amended by adding at the end thereof the following: "Sec. 12020. Alcohol and controlled substances testing.". (b)(1) The Secretary of Transportation shall design within nine 49 USC app. months after the date of enactment of this Act, and implement 2717 note, within fifteen months after the date of enactment of this Act, a pilot test program for the purpose of testing the operators of commercial motor vehicles on a random basis to determine whether an operator has used, in violation of law or Federal regulation, alcohol or a controlled substance. The pilot test program shall be administered as part of the Motor Carrier Safety Assistance Program. (2) The Secretary shall solicit the participation of States which are interested in participating in such program and shall select four States to participate in the program. (3) The Secretary shall ensure that the States selected pursuant to this subsection are representative of varying geographical and population characteristics of the Nation and that the selection takes into consideration the historical geographical incidence of commercial motor vehicle accidents involving loss of human life. (4) The pilot program authorized by this subsection shall continue for a period of one year. The Secretary shall consider alternative methodologies for implementing a system of random testing of operators of commercial motor vehicles. (5) Not later than thirty months after the date of enactment of Reports, this Act, the Secretary shall prepare and submit to the Congress a comprehensive report setting forth the results of the pilot program conducted under this subsection. Such report shall include any recommendations of the Secretary concerning the desirability and