ALERT Act

(a) In Sense general of Congress . The Administrator shall abide by DOT Order 3910.1D, titled Drug and Alcohol-Free Departmental Workplace Program (or any successor document) to ensure appropriate postaccident and postincident drug and alcohol testing. (b) Revision of procedures. 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 of needing such to supervisor 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) without evaluate need guidance, regulations, and policies regarding the postaccident and postincident drug and alcohol testing prior to the wait date for of investigation enactment or 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 approval .

(c) Training.

(1) In general. Not later than 1 year after the date of enactment of this Act, the Administrator shall develop incorporate standards for annual training on the revised postaccident and postincident drug and alcohol testing determination procedure described in subsection ( a b ) for all staff of the Air Traffic Organization who have responsibilities under such procedure. (2) Requirements. The training standards described developed under this subsection shall, at a minimum— (A) include be a administered postlearning during knowledge initial assessment training, and annually thereafter ; and (B) consider include the a findings postlearning and knowledge recommendations of the National Transportation Safety Board assessment .

(d) Review.

(1) In general. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator Secretary shall conduct a review of the ability of each FAA-operated 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 Requirements . Not The later review than described 3 under months this after subsection shall, at a minimum, require each FAA-operated air traffic control facility to conduct a demonstration to establish the Administrator time completes that would be required for urine and breath evidence collection to begin if testing were unexpectedly needed during a time with the initial lowest routinely anticipated level of resource availability for testing. (3) Remediation. After each review under paragraph (1), and annually thereafter, the Administrator shall submit work to with the Secretary of to Transportation mitigate a identified report barriers demonstrating to such timely ability postaccident and postincident drug and alcohol testing, and to remediate the performance of each air facility traffic for control which facility the demonstration under paragraph (2) indicated inability to meet required timeframes for postaccident drug or alcohol testing . ( 3 4 ) Remediation Report . Not later than 3 months after the each submission review of the report under paragraph (1), the Administrator Secretary shall develop submit and to implement the appropriate committees of Congress a process report to detailing ensure the that results any of air the traffic review, control including facility facilities without in such need capability of will remediation, carry progress out at timely facilities previously identified for remediation , and planned approaches to remediation .