PILOT GRANT PROGRAM FOR RANDOM TESTING FOR ILLEGAL DRUG USE.

SEC. 9005. PILOT GRANT PROGRAM FOR RANDOM TESTING FOR ILLEGAL DRUG USE. (a) Establishment of Pilot Program.—The Secretary shall design, within 9 months after the date of the enactment of this Act, and implement, within 15 months after the date of the enactment of this Act, a pilot State grant program for the purpose of testing individuals described in subsection (e)(1) to determine whether such individuals have used, without lawful authorization, a controlled substance. (b) State Participation.—The Secretary shall solicit the participation of States from those States interested in participating in such a program not more than 4 States to participate in the program. (c) State Selection Process.—The Secretary shall ensure that the selection made pursuant to this section is representative of varying geographical and population characteristics of the Nation, and takes into consideration the historical geographical incidence of motor vehicle accidents involving loss of human life. In selecting the States for participation, the Secretary shall attempt to solicit States which meet the following criteria: (1) One of the States shall be a western State which is one of the 3 most populous States, with numerous large cities, with at least one city exceeding 7,000,000 people. The State should have a diverse demographic population with larger than average drug use according to reliable surveys. (2) One of the remaining States should be a southern State, one a northeastern State, and one a central State. (3) One of the remaining States should be mainly rural and among the least populous States. (4) One of the remaining States should have less than average drug use according to reliable surveys. (d) Length of Program.—The pilot program authorized by this section shall continue for a period of 1 year. The Secretary shall consider alternative methodologies for implementing a system of random testing of such individuals. (e) Requirements for State Participation.— (1) Persons to be tested.—Each State participating in the test program shall test for controlled substances in accordance with paragraph (2) individuals who— (A) are applicants seeking the privilege to drive, and (B) have never been issued a driver’s license by any State (2) Types of testing.—To deter drug use and promote high way safety, all individuals described in paragraph (1) shall be subject to random testing— (A) prior to issuance of driver’s licenses, and 102 STAT. 4527 (B) during the first year following the date of issuance of such licenses. (3) Denial of driving privileges.—Each State participating in the test program shall deny an individual driving privileges if drug testing required by paragraph (1) indicates that such individual has used illicit drugs, with such denial lasting for a period of at least 1 year following such test or subsequent confirmatory test. (4) Reinstitution of driving privileges.—The program described in paragraph (3) may allow for reinstitution of driving privileges after a period of 3 months if such reinstitution is accompanied by a requirement that the individual be available for a period of 9 months for drug testing on a regular basis. If any such test indicates that the individual has used illicit drugs, then driving privileges must be denied for 1 year following such test or confirmatory test. (f) Regulations.—The Secretary may issue regulations to assist States in implementing the programs described in subsection (e) and to grant temporary exceptions in appropriate circumstances. (g) Report.—Not later than 30 months after the date of the enactment of this Act, the Secretary shall prepare and transmit to Congress a comprehensive report setting forth the results of the pilot program conducted under this section. Such report shall include any recommendations of the Secretary concerning the desirability and implementation of a system for random testing of such operators of motor vehicles. (h) Authorization of Appropriations.—For purposes of carrying out this test program, there is authorized to be appropriated $5,000,000 for fiscal year 1990. (i) Definitions.—For purposes of this section— (1) Controlled substance.—The term “controlled substance” means any controlled substance as defined under section 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)) whose use the Secretary has determined poses a risk to transportation safety. (2) Secretary.—The term “Secretary” means the Secretary of Transportation. (3) State.—The term “State” has the meaning such term has when used in chapter 1 of title 23, United States Code.