Postaccident and postincident drug and alcohol testing

(a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall review and revise, as appropriate, the initial event response procedures of the Air Traffic Organization to ensure an appropriate on-site supervisor makes each postaccident and postincident drug and alcohol testing determination in a timely manner. (b) Requirements In reviewing and revising the procedures described under subsection (a), the Administrator shall— (1) require such procedures to be based on an on-site supervisor’s assessment, without needing to wait for investigation or approval, of— (A) whether the event meets testing criteria; and (B) which air traffic controllers had duties pertaining to the involved aircraft; (2) evaluate guidance, regulations, and policies regarding the postaccident and postincident drug and alcohol testing prior to the date of enactment of this Act; and (3) consult with representatives of— (A) the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code; (B) organizations representing air traffic control managers and operational supervisors; and (C) experts with specific knowledge in drug and alcohol testing. (c) Training (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop standards for annual training on the revised postaccident and postincident drug and alcohol testing determination procedure described in subsection (a) for all staff of the Air Traffic Organization who have responsibilities under such procedure. (2) Requirements The training standards developed under this subsection shall, at a minimum— (A) include a postlearning knowledge assessment; and (B) consider the findings and recommendations of the National Transportation Safety Board. (d) Review (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a review of the ability of each air traffic control facility to routinely accomplish the required postaccident and postincident drug and alcohol testing within the Secretary’s specified timeframes of within 2 hours for alcohol testing and within 4 hours for drug testing. (2) Report Not later than 3 months after the Administrator completes the initial review under paragraph (1), and annually thereafter, the Administrator shall submit to the Secretary of Transportation a report demonstrating such ability of each air traffic control facility. (3) Remediation Not later than 3 months after the submission of the report under paragraph (1), the Administrator shall develop and implement a process to ensure that any air traffic control facility without such capability will carry out timely remediation.